one of the Monks in the name of the rest to the People who were assembled in the Church in great numbers expecting the Election of a new Archbishop Now he could not be elected to the Archbishoprick but must only be demanded according to the Rules of the Canon-Law in which a Bishop is said to contract marriage with his Church and cannot part from it without the Pope's leave so that a Bishop being engag'd to his See is not elected to another but is demanded and is said not to be promoted to a second Bishoprick but translated from the first all which was introduc'd by the Ambition of the Popes who by this Device got the disposal of most of the Bishopricks in Christendom into their own hands The same day two of the Monks of that Society William Molesh and John Moland were appointed Proxies for the rest who on the 15 th of March waited upon the Bishop at London and acquainted him with the desires of the Prior and Monks humbly intreating him in their name to take upon him the government of the Church of Canterbury At that time he answer'd only that for the present he could determine nothing positively in a matter of so great concern but desir'd a day's time to consider of it The next day when they came to him again in the Bishop of Norwich's House in the presence of Edward Duke of York and several other Persons of the greatest Quality he told them in express words that he could not gratify their desires because it was not lawful for him to lay down his Bishoprick of St. David's without leave from the Pope however that he was not wholly averse from accepting their offer if the Pope would consent to it and therefore he referr'd their Petition to his Arbitrement Whereupon the Prior and Monks by their Proxies sent to Rome humbly requested of Pope John the Twenty third that he would confirm their Petion of Henry Bishop of St. David's to the vacant See of Canterbury and at the same time King Henry signified by Letters to the Pope that he had granted leave to the Prior and Monks of Canterbury to elect an Archbishop that upon their request of the Bishop of St. David's he had given his assent to their Petition that the Bishop was a Person of eminent Note and had deserv'd this Dignity by his Virtue and that nothing now remain'd but that he would do his part in this Affair Now the Merits of the Bishop were well enough known to the Pope first in the Court of Gregory the Twelfth with whom he sided when he was Cardinal and after that in the Council of Pisa where he was also present so that the Proctors for the Chapter of Canterbury soon obtain'd of the Pope who was then at Bologna on the 27 th of April that by his Bull he would absolve the Bishop from the Bond by which he was tied to the Church of St. David's and translate him to the See of Canterbury in which notwithstanding he did not confirm the Demand of the Monks but promoted him to the Archbishoprick by way of Provisor that so he might not depart from the received Custom of the Popes in assuming to themselves a right of donation of Bishopricks and Livings he added moreover this Restriction That he should not enter upon the exercise of his Archiepiscopal Function till he had taken an Oath of Fidelity to him and the Church of Rome before the Bishops of Winchester and Norwich and lastly by several Bulls sent to the Prior and Monks of Canterbury to the Bishops of that Province to the Prelates and Vassals of the Church and to all the People he commanded them to obey Henry Archbishop of Canterbury and to pay him all the reverence honour obedience and other Services due to his Function But beside the Petition of the Chapter and the Pope's Bull there yet remain'd the Pall which was an Ornament taken from the Body of St. Peter who is buried at Rome and was worn only by Patriarchs and Archbishops and some Bishops to whom it was granted by a particular Privilege to denote that full power that they have over the inferior Bishops and that only in the Churches of their own Province and upon Holidays appointed by the Pope and till they had receiv'd it it was accounted unlawful for them to call a Synod to make holy Water to confer Orders to consecrate Churches or to exercise any part of their Function This he obtain'd of the Pope by the means of Robert Apilton Canon of York whom he sent to Bologna for that purpose which afterwards the Bishops of Winchester and Norwich by a Power delegated to them by the Pope's Bull deliver'd to him with great solemnity in the King's Palace of Sutton in the presence of the King himself Humfry Duke of Glocester Richard Earl of Warwick George Earl of March and many other of the Nobility and there he took an Oath of Obedience and Fidelity to the Pope without which they could not deliver him the Pall in these words I Henry Archbishop of Canterbury will be faithful and obedient to St. Peter to the holy Apostolical Church of Rome and to my Lord John the Twenty third and his Successors that shall be canonically elected I will not consent to nor engage in any Design against their Life Limbs or Liberty The Secrets that they shall entrust me with either by themselves by their Legates or by Letters I will not willingly reveal to any one to their prejudice I will assist them in maintaining and defending the Papacy and the Rights of St. Peter against all persons whatsoever as far as it consists with my Order I will honourably attend the Legate of the Apostolick See both at his coming and return and will supply him in his necessities When I am call'd to a Council I will come except I shall be hinder'd by some lawful Impediment I will visit the Apostolical Palace every three years either in my own person or by my Deputy except I shall be excus'd by leave from the Pope The Possessions belonging to my Archiepiscopal See I will not sell nor give away nor mortgage nor grant any new Infeoffments of them nor any other way alienate without the consent of the Pope So help me God and his holy Gospel But though he had obtain'd a power in Ecclesiastical Affairs from the Pope yet he could not meddle with the Lands and Revenues of the Church without the King's Authority Wherefore he went to the King at Leicester where he was put in possession of them on the 30 th of May after he had sworn Allegiance to the King and had expresly renounc'd all those Clauses in the Pope's Bull for his Translation which might prejudice the King or derogate from his Royal Prerogative after which the whole Revenue of the Archbishoprick which
Pound out of all Ecclesiastical Preferments The Examination of this Matter being referr'd by the Pope to Branda Cardinal of Placenza he was condemn'd to perpetual Imprisonment unless he repented of his Error but afterwards escaping out of Prison he return'd into England and having preach'd a Sermon at Paul's Cross he abjur'd his Error with a formal Oath The Archbishop also by his Mandate enjoin'd the Franciscans that as often as they preach'd to the People they should teach them that personal Tythes were commanded to be paid both by the Laws of God and the Constitutions of the Holy Fathers The same Year after the Synod was ended the Archbishop by his Prudence dispell'd a dreadful Storm that threatned the Kingdom which was rais'd by the Dissentions of the Nobility For Henry Beaufort Son to John Duke of Lancaster by Catharine Swinford his third Wife being puff d up with the nobility of his Birth and the great Wealth which he had got together out of the Bishoprick of Winchester and not brooking the Rule of Humphry Duke of Glocester the Lord Protector he began to maintain an open enemity against him the Quarrel being afterwards more enflam'd on both Sides and many of the Nobility and others engaging in either Party they both went Arm'd and attended with their Servants and Adherents and a great number of Profligate and Seditious Persons wearing Arms by their Example went about the Streets of London and their Number was so great that the Citizens shut up their Shops and left off their Trades and were forc'd to keep Guard Day and Night in all the Streets of the City to repress the Insolence of these Mutineers Upon this the Archbishop accompanied with Peter Duke of Conimbra Son to the King of Portugal who was lately come into England to visit the King his Cousin rid through the City eight times in one Day betwixt the Duke's and the Bishop's Palaces and prevail'd so far upon them both by his Authority and Intreaties that they laid down their Arms and Matters were compos'd for a time But the Bishop though he had quitted his Arms had not yet relinquish'd his Hatred for soon after by Letters sent into France to the Duke of Bedford he accus'd the Duke of Glocester desiring the Duke of Bedford to come over into England with all speed if he tender'd the Safety of the King and the Peace of the Kingdom which otherwise must of necessity be involv'd in Blood and the devastations of a Civil War The Duke though the War went on succesfully in France by the surrender of a great many strong Towns and the defeat of a great Army of the French in a pitcht Battel at Vernoil yet esteeming the success of Affairs in France to depend upon the Peace of England immediately upon the receit of these Letters he committed the Administration of his Office to Thomas Beauchamp Earl of Warwick and came with all speed into England in the beginning of the Year 1426. and having call'd a Parliament at Leicester he examin'd the Quarrel between his Brother and the Bishop When they had both shew'd the causes of their discontent and from arguing began to break out into greater heats at the Duke of Bedford's entreaty they agreed to refer all Differences on both Sides to the determination of Arbitrators of whom Henry Archbishop of Canterbury was nam'd first after him Thomas Duke of Exeter John Duke of Norfolk Thomas Bishop of Durham Philip Bishop of Winchester John Bishop of Bath Humphry Earl of Stafford William Alnewyke Keeper of the Privy Seal and Ralph Cromwell who order'd them to join hands and in a set form of words to be repeated by them both to forgive all Injuries on both Sides and be friends with one another which Reconciliation was confirm'd by the Votes of the whole Parliament In this Session a supply of Money was granted for levying Soldiers for which end also about this time the Archbishop assembled a Synod at London on the 15 th of April Thither came John Kempe Archbishop of York and Lord Chancellor of England with Walter Hungerford Lord Treasurer and the Lord Chancellor having extoll'd the great pains and diligence of the Duke of Bedford in an Eloquent Oration the Synod granted the King half a Tenth The Bishop of Winchester who was created Cardinal thsi Year by Pope Martin the next Year went over with the Duke of Bedford into France and at Calais in the great Church of that Place he put on the Cap and other Ensigns of that Dignity with great solemnity on Candlemas-day He had sought this Honor with great earnestnss eight years before in the time of King Henry the Fifth and had obtain'd a Promise of it of Pope John the Twenty third who design'd to promote him very speedily and to appoint him his Legate à latere in England with a very large Authority But the Archbishop perceiving his Ambition at that time interpos'd with the King who was then in France by Letters which he wrote to him in a grave and modest style in which he shew'd That the Power of the Pope's Legates did derogate very much from the Dignity of the King from the Laws of the Land and from the Privileges of the Church of England A Copy of this Letter the Original of which is yet to be seen written with the Archbishop's own Hand we have here subjoin'd Sovereyn Lord as your humble Prest and debout Bedeman I recommand me to your Hygnesse desyreing evermore to heare and knowe of your gracious speed he le of body and of soule also my Lordys your brethren and all your royal hoste And as hertly as I can or may thanke Almightie God and Lord of all strengths and hostes that so graciously hath continued his mygty hond upon you sythen the time of your beginning hedirtoward into your most worship your Leige menys most hertly gladnesse and abating of the hy pride of your enemies And besech God both day and night with all your subgetts both spirituel and temporel so continue his hy Grace upon you and yowre that the mow come to the effect of your hy labor pees of both your regmes after your hertly desires Gracious Lord like it to remember you that be your moost worthie letters written at your towne of Caen rrb. day of September you charged me that be the abys of my Lord your brother of Bedford and of your Chaunceler sholde be ordeygned that all maner of men of your subgets wat astaat or condicion that thei were should abstyne letter of wrytes or pursuit making to the Pope after his election till the time that he have writen to you and ye againe to him as it hath be acustumed of honeste of your lond for the which cause neither I nor non odir man as ferforth as it may be knowe hath yit written nor sent ne no leve hath of passage to the
Pope in behalf of the Archbishop who had incurr'd his displeasure for opposing the excessive Power of the Court of Rome And indeed it was but reasonable that he who for promoting the common good of all and maintaining the Honour of the Kingdom so little dreaded the Pope's Anger should be defended by the publick Authority But the Bishop of Winchester beside his Title of Cardinal had the power of Legate in England conferr'd upon him by the Pope with a very large Commission or as they commonly term'd it a Faculty which Power he exercis'd with so great Avarice and got together such a prodigious Wealth that he was generally styl'd the Rich Cardinal The Year after this he return'd into England and having open'd his Commission in the presence of Humphry Duke of Glocester the Protector and many of the Bishops and Nobility Richard Caudray who was appointed Proctor for the King by the Duke of Glocester and the Privy Council expresly declar'd That by a particular Prerogative of the Kings of England which they had enjoy'd ever since the memory of man no Legate from the Pope could come into England without the King's leave and therefore if the Cardinal of Winchester by vertue of his Legantine Office should act any thing contrary to this Right of the King 's that he in the King's Name did interpose and disown all his Authority Whereupon the Cardinal promis'd openly before the Duke of Glocester and all that were present that he would not exercise his Office of Legate without the King's leave and that he would act nothing in it that might any ways infringe or derogate from the Rights Immunities and Privileges of the King or Kingdom Now upon his being made Cardinal and Legate he was oblig'd to lay down his Place of Lord Chancellor Laid down the Office of Chancellor as obliged which he did the Year before in the Parliament at Westminster he ought also to have been removed from the Privy Council but in respect of the Nobility of his Birth and his near alliance to the King by a particular favour he was allow'd to keep his Place there except when any But kept his Place in the Council with exception matter was to be debated between the King and the Pope for then it was expresly concluded that he should not be present which Limitation was confirm'd y Rot. Parliam ann 8 H. 6. the next Year by Act of Parliament and order'd to be entred in the Journals of the Privy Council Now the chief Reason that mov'd the Pope to create the Bishop of Winchester a Cardinal was that he might employ him in the War that he design'd The Pope rais'd imm against the Bohemians Who had pull'd down the Monasteries c. against the Bohemians who having embrac'd the Doctrine of Wickliff had pull'd down the Monasteries and Images and having abolished almost all the Rites and Ceremonies of the Romish Church had openly revolted from the Government of the Pope He therefore The Cardinal made General in the Bohemian War c. made him his General in the Bohemain War and appointed him Legate in Hungary Bohemia and all Germany with a far larger Commission by which He could pardon Rapes on Nuns c. he was impower'd to pardon Rapes committed upon Nuns to dispense with Marriages contracted within the fourth degree of Consanguinity with the Age of Persons to be admitted to Orders and Benefices with Interdicts and many other things which were contrary to the Constitutions of the Canon Law He was to demand a Tenth of the English Clergy for the War he was also order'd to demand a Tenth of the English Clergy for the Service of this War For this cause the Archbishop being sollicited by the Pope's Bull and being also press'd by Letters from the King to consider of raising Money for carrying on the War in France call'd a Synod at London which began on the 5 th of July In their first Session at the request of the Archbishop of York Lord Chancellor and Walter Hungerford Lord Treasurer they granted the King half In the next Synod half a Tenth is given the King a Tenth The Synod was afterwards prorogu'd by reason of the excessive heat of the Summer to St. Martin's day in November following and then again to the 29 th of October the next Year at which time the Archbishop of York was sent to them again from the King together with the Duke of Norfolk the Earls of Warwick Stafford and Salisbury th e Lords Cromwell Tiptoft and Hungerford at whose desire a Tenth and a half And in another a Tenth and an half was granted and solemn Processions were order'd to be made for the success of the Duke of Bedford who went on Duke of Bedford had besieg'd Orleans prosperously and had now besieg'd Orleans a noble City upon the River Loyre These Concessions of Tenths which were granted so readily by the z 8 H. 6. c. 1. Synod were rewarded by an Act made in the Parliament holden at this time at Westminster by which The same Priviledge was granted to the Clergy which the Members of the House of Commons do enjoy when they are chosen to serve in Parliament For those Grants the Members of the Synod c. were freed from Arrests which was that neither they nor their Servants should be arrested while they were assembled in Convocation nor in their journy thither But Conzo Zuolanus the Pope's Nuntio came often to the Synod and pleaded in behalf of the Pope but to no purpose The Pope's Nuntio prevail'd not in the Synod When he could not obtain of them a Supply for the War with the Bohemians which he had sollicited in a long and pressing Oration he produc'd the For shewing his Letters for a Tenth Pope's Letters before the Synod in which he signified that he had impos'd a Tenth upon the Kingdom of England for the support of the Bohemian War which so incensed the whole Synod that they absolutely denied to grant a Tenth However at the importunity of the Pope He was denied but got 8 d. per Mark from Livings With a Salvâ praerogativâ Regiâ they gave him Eight pence in every Mark out of all Benefices according to their respective values provided that this grant were not contrary to the King's Prerogative and the Laws of the Land After this John Jourdelay John Galle Robert Heggley Ralph Mungyn Thomas Garenter all men in Orders with several others were brought before the Synod who were accus'd of Heresy for holding divers corrupt Opinions concerning the Sacrament of the Altar the Adoration of Images Religious Pilgrimages and the Invocation of Saints for maintaining that the Pope was Antichrist and not God's Heresy in holding the Pope to be Antichrist c. Vicegerent that the Divine Oracles were contain'd only in the Scriptures and not in the Legends or Lives of the
pence in the Pound out of their Revenues In this Synod holden at London the Archbishop complain'd heavily of a late Injury offer'd him by Pope Eugenius who by his sole Authority had given the Bishoprick of Ely in Commendam to Lewis Archbishop of Roan and by his The Pope gives away the Bishoprick of Ely in Commendam The Archbishop in Synod opposes the Affair Bull had confirm'd him in the Government of that See and therefore he order'd the Synod to consider how to put a stop to this Affair which was never attempted before by any Pope And indeed such a Precedent as this would have been of very pernicious consequence to Posterity but Philip Morgan who was then Bishop of Ely outliving the Archbishop of Roan by this means Which was frustrated by the Survivorship of the then Bishop the Pope's Design was frustrated After this Richard Carpenter Chancellor of Oxford desired of the Synod which had been prorogued to the 6 th of October in the name of both Universities that the Decree about conferring Propos'd in Synod to Renew a Decree that those not in Orders should not be beneficed Benefices upon those only that had taken Degrees in the Universities which was made in the Years 1417 and 1421. and limited to a certain term of Years which were now expir'd might be again renew'd The King also by his Wherein the King concurred and obtain'd it Letters desir'd the same of the Synod who readily assented to it upon the Conditions mention'd in the former Decrees Eugenius had now begun the Council at Ferrara and by his importunity and fair Promises had drawn thither John Palaeologus the Emperor and some of the Greek Bishops but the Plague breaking out there in the beginning of the next Year he remov'd the Council to The Council begun at Ferrara by occasion of the Plague removed to Florence Where the Greeks present submitted in Opinion to the Latines Which so offended the Greek Church that after their death they were not allow'd Christian Burial Sess 33. The Council of Basil maintain'd its Authority Florence where after long Disputes about the Procession of the Holy Ghost about Purgatory the Supremacy of the Pope and some other Controversies between the two Churches the Greeks who were there present submitted to the Opinion of the Latines For which they were so detested by the rest of the Greek Church that after their death they were not allow'd Christian burial nor would the Greeks recede from one Article of their ancient Creed In the mean time the Fathers at Basil being incens'd at the obstinacy of Eugenius by vertue of their Supreme Authority declar'd That the Pope was subordinate to a General Council that he had no power to dissolve transfer or prorogue it and that Eugenius for attempting all these things was guilty of Heresy they Deposed the Pope also divested him of the Papacy being convicted of Contumacy Simony Perjury and Impiety and i Aene. Sylv. lib. 2. de act Concil Basil having chosen Thirty two of the greatest note out of the four Nations Italians French Germans The English going to Ferrara and Spaniards for the English were all gone to Ferrara who were deputed with full power to elect a new Pope Amedeus Duke of Savoy who had left the Dukedom to his Son and retir'd to an Hermitage was created Pope and took the Name of Felix the Fifth There were then at Basil And by the Deputies of four other Nations Felix the Fifth elected Pope two of the greatest Lawyers of their time the Abbot Panormitanus and Ludovicus Romanus who were sent Ambassadors out of Italy from Alfonsus the great King of Arragon These two in a great many Speeches maintain'd that the Authority of a Council was superior to that of the Pope and condemn'd the Actions of Eugenius with so much sharpness and Eloquence that no one durst pretend to contradict them all which they have left recorded to Posterity in their Writings For Panormitanus in a k Panorm tract de Concil Basil in 5. vol. Book A defence of the Council at Basil which he put out in defence of the Council of Basil against Eugenius shews clearly That the Authority of a Council is more sacred than that of the Pope that the Pope hath no Jurisdiction over a Council but on the contrary is subordinate to it and may be call'd in question imprison'd and depos'd by it and that this punishment was justly inflicted upon Eugenius as contumacious a Deserter of the Faith an Enemy to the Church and guilty of Simony Perjury and Murther And in l Panor ad c. significasti n. 4. de elect ad c. licet de vitanda n. 8. eod tit ad c. fraternitatis n 1. de haeret several places of his Commentaries he speaks of the power of a Council as superior to that of the Pope Ludovicus Romanus in his Responses maintains That an Appeal may lawfully be made m Rom. Cons 521. from the Pope to a General Council that his Command for the n Rom. Cons 522. dissolution of it ought not to be obey'd and that he may be o Rom. Cons 523. depos'd by a Council He was a The high Character of Lodovic Romanus man saith p Aene. Sylv. lib. 2. de act Concil B sil Aeneas Sylvius worthy not only of Rome but also of Heaven it self and had he liv'd to have doubled his Age would have given matter not only of admiration but of astonishment to the World but Fortune envied Italy so extraordinary a Person and took him away at Basil where he died of the Plague having hardly past the Thirtieth Year of his Age. Aeneas Sylvius also himself was present and assisted at the Council both by his approbation of their Proceedings against Eugenius and by two Books which he put out of the History of that Council which afterwards being made Pope by the Name of Pius the Second he call'd in and would fain have suppress'd And indeed all the q Gl. in c. si Papa dist 40. Archid. Gemin Fran. ad c. in fidei favorem de haeret in 6. Card. Zab. cons 150. Anchar cons 181. Felin ad c. super literis n. 21. de rescript Jo. Royas de haeret n. 518. Fr. Marc. decis 944. Lawyers held this Opinion concerning the power of a Council over the Pope as long as they maintained the liberty of speaking and writing but in the next Age being brought under the subjection of the Popes they began to flatter them and having positively r Card. Jacobat lib. 3. de Concil n. 85. Hier. Alban de potest Pap. n. 240. Cataldin de Boncompag de potest Pap. n. 31. Alfon. Hoied de benefic incompat par 1. n. 86. condemn'd the Council In the next Age the Council of Basil is condemned of Basil they rais'd the power of the Pope above that of a Council and the whole Church and this power
Votes of the whole Parliament which granted Money for Levying Men Ib. And half a Tenth granted in the Synod 124 Bishop of Winchester made Cardinal Ib. The Cap with a Legacy for England had been promised him by John the Twenty third Ib. But the Archbishop had shewn that the Pope's Legates derogated from the Royal Dignity c. Ib. Which he did in a Letter to the King 125 Wherein there is a Specimen of the English Language at that time Ib. No Suit to be made to the Pope after Election till the Pope has wrote to the King and has got an Answer 126 A Pope's Legate in England durante vitâ without Precedent 128 The Doctrine and Discipline of the Church dispensable by the Ordinaries c. not Legates Ib. The Archbishop sends a Minute of the Legate's Office or Instructions to the King 129 Such Legacies are extraordinary and not without great and notable cause and no resident above two Months at most Ib. The Instructions to be express and limited Ib. He deprecates the Oppressions and cormorant Exactions of the Legates 130 Upon this Letter the King forbad the Bishop of Winchester the Cardinal 's Cap. 131 After the King's death he is created Cardinal 132 For whom our Pious Henry Archbishop is mistaken in Antiquit. Britan. Ib. A vigorous Defender of the King's Authority Ib. Whence he incurr'd the displeasure of Pope Martin the Fifth Ib. The Archbishop's Character from Oxford 133 Great Intercession made for him Ib. Bishop of Winchester is Legate in England with a Faculty Ib. So exercis'd the Power that he was stiled the Rich Cardinal 134 The Cardinal opposed by R. Caudray the King's Proctor Ib. Promises not to exercise his Office without the King's leave Ib. Laid down the Office of Chancellor as obliged But kept his Place in the Council with exception 135 The Pope rais'd him against the Bohemians who had pull'd down the Monasteries c. 136 The Cardinal made General in the Bohemian War c. Ib. He could pardon Rapes on Nuns c. Ib. He was to demand a Tenth of the English Clergy for the War Ib. In the next Synod half a Tenth is given the King 137 And in another a Tenth and an half Ib. Duke of Bedford had besieg'd Orleans Ib. For those Grants the Members of the Synod c. were freed from Arrests 138 The Pope's Nuntio prevail'd not in the Synod Ib. For shewing his Letters for a Tenth he was denied but got 8 d. per Mark from Livings with a Salvâ praerogativâ Regiâ Ib. Heresy in holding the Pope to be Antichrist c. 139 Some recanted others were imprison'd Ib. Joan Dertford by means of her Answer acquitted Ib. The Ordinaries charg'd to persecute the Wicklevists and Lollards Ib. And Process ordered to be form'd against them 140 Pope Martin troubled that he obtain'd not the Tenths Ib. That his Bull was opposed at York Ib. That his Legate was imprisoned Ib. He expostulated with the Duke of Bedford Ib. The Pope is diverted with the prospect of the Council of Basil 141 Wherefore Delegates are chosen in a Synod at London with 2 d. per l. Charges Ib. Their Instructions did run against Pluralities and Non-residence c. Ib. The Synod gave the King a Tenth for the Siege of Orleans 141 142 Many other Towns revolted Ib. And many English slain at Patau Ib. The Synod decreed just Weights Ib. Popes generally afraid of Councils Ib. Martin appoints a President 143 The Pope dies before he took his Place Ib. Eugenius the Fourth succeeds him and continues the President who was his Legate Ib. The Pope adjudged subject to the Council c. 144 By their supreme Authority the Council makes a Legate of Avignon c. Ib. The Pope alarm'd removes the Council to Bologne Ib. Is opposed Ib. Delegates from London Synod to the Council of Basil and others to the Pope Ib. Half a Tenth given the King 145 William Lyndewood Keeper of the Privy Seal writ excellent Commentaries on the English Constitutions 145 146 And was stiled the Light of the Law Ib. Complaint in the Synod against the Vicars General c. Ib. Decreed that a Judge of a Spiritual Court must have some degree of the Law Ib. Archbishop of York as Cardinal claim'd precedence of Canterbury 147 The Archbishop of Canterbury on the contrary by ancient Prerogative Ib. Referred to the Pope Ib. The Arguments for Canterbury urgent Ib. Overborn in the Cardinal's favour 148 A Synod call'd at London on occasion of the difference between the Pope and Council 149 The Pope is summoned to Basil Ib. Of which London Synod consults 150 And what Pope they should obey if another be set up Ib. Alledged 1st that the Pope might dissolve a Council and if another be set up the Synod is to obey Eugenius Ib. By which they resent a Decree made at Basil transferring Votes from the Nations to a few Delegates Which was protested against on the place 150 151 Eight new Delegates nominated Ib. King Charles crown'd at Rhemes Ib. A new Army against France designed 152 Money desired of the Synod Ib. After a denial they gave three quarters of a Tenth Ib. The Grievances of the Church at that time 153 The Archbishop zealous to rescue her from the Oppressions of the Lawyers Ib. By reason of the Plague the Synod dissolved Ib. The Duke of Burgundy revolts to the French and Bedford dies 154 The former occasion'd the ill success of the Treaty at Arras Ib. The English driven out of Paris c. Ib. And generally the French surrender'd to Charles 155 A new English Army set sail for Calais Ib. The Clergy grant a Tenth Ib. The Archbishop built a stately Edifice at Oxford 156 Gave it to the Monks of St. Bernard Ib. Seiz'd in Henry the Eighth's time 157 Purchased by Thomas White Merchant who founded there St. John the Baptist's College Ib. From whence came many Reformers Ib. The Archbishop chose another place for a College Ib. The Edict of the Council of Basil against the Pope backt by the Emperor 158 The Council's Translation revoked Ib. Ambassadors to the Council from Greece and Constantinople where the Emperor and Patriarch designed to be present if the Council would secure them and defray their Charges Ib. Which was agreed Ib. But on Sigismond's death the Pope removes the Council to Ferrara whether he summon'd the Bishops from England 159 This opposed by the Council Ib. King Charles of France puts forth the Pragmatical Sanction against Annates c. 160 Which curb'd the Pope's Power there till the time of Lewis the Twelfth Ib. The English generally sided with the Pope Ib. King Henry sent Ambassadors to Ferrara Ib. But their allowance was disputed Ib. The Pope gives away the Bishoprick of Ely in Commendam 161 The Archbishop in Synod opposes the Affair which was frustrated by the Survivorship of the then Bishop Ib. Propos'd in Synod to renew a Decree that those not in Orders should not be beneficed
the King two Tenths By a Decree therein Students of both Universities were provided for Which was opposed and laid aside Pope Martin at pleasure fill'd the Episcopal Sees in England Whose Clergy were quiet during the Council of Constance Martin first claim'd an universal Right of Presentation In two years made thirteen Bishops in the See of Canterbury His Appropriation censur'd The English neglected in the Grants of the Roman Dignities Martin afterwards agreed to some redress In uniting Parishes And for a power to Bishops therein For avoiding the Unions made in time of the Schism For recalling Dispensations for nonresidence For Lessening the Number of Cardinals and for their equal promotion The King required that Pope not to meddle with his Presentations That no French be preferred in Aquitain c. That Irish Livings be given to those that understand English That the Bishops there promote the English Speech only That French be not preser'd to Monasteries in England That the Pope supply the King with some of the English Money The Pope not answering favourably 'T was declared the King would take his course The French and Germans declare against the Pope's Provisions The former revived the Laws to restrain him That if he were refractory they 'd disown him The Pope's Interdict of the Church of Lyons remov'd by the Parliament of Paris An Appeal from the King to the Pope High Treason h Carol. Molinae de Monar Fran. n. 145. The Oppress'd Germans not redress'd i In Epistolis passim The King besieges Roan the Capital City of Normandy Proposal of a Treaty betwixt England and France From our King were sent the Archbishop and Earl of Warwick k Enguerr de Monstrell cap. 200. And Cardinal Ursini as Mediator from the Pope The Commissioners did not conclude Our King demanded a Million of Crowns Normandy Aquitain and Ponthieu Dowry with his Mistress The French straitned refused all Terms Roan holds out obstinately Where 't is said an Apple was sold for 3 s. a Dog for 10 s. The Citizens helpless their King being Lunatick and the Kingdom in a Civil War l Enguerr de Monstrell cap. 202. Upon 〈◊〉 made they surrenderd paying 365000 Crowns Here the King setled his Exchequer and Courts for the Affairs of Normandy Took Meudon and Pontoise by storm And others by surrender Half a Tenth granted the King in a Synod where Walker a Priest convicted of Witchcraft for Which he abjured And some of Wicklyff's Followers recanted Processions for the King's Success with whom Duke of Burgundy made a private League Who then had King Queen and Daughter of France in 's power Our King at Troyes marries the said Daughter Catharine On agreement himself should be Regent and their Children succeed to the Crown of France These Conditions ratified The Archbishop goes to France to congratulate the King Who goes against the Dauphin his only Enemy Took Montereau Melun surrender'd The King returns to England Processions for four days Queen Catharine Crowned The Synod gives a Tenth On condition That it should be Felony to geld a Priest Moved to publish a late Decree with a Clause in favour of Monks and Priests Decreed a Bishop take only 12 s. for Institution and an Archdeacon for Induction Pope Martin denied Money besides the Tenths c. In order to unite the two Churches of France and England The Archbishop recalls the Judges from the Conquests And commanded the French to obey their Ordinaries The King hastens to France on his Brother's death His Son Henry born at Windsor The Queen recovered goes to France m Sess 39. Pavia chosen by Pope Martin for a General Council according to that of Constance A Provincial Synod at London Whence Delegates were designed But through Benedict the Thirteenth's Interest the Pavian Council is dissolved Called to Siena And seven years after to Basil H. Webb for preaching without Orders whipp'd in three principal Cities William Taylor 's honest Principles condemned as impious King Henry the Fifth dies of a Fever at Bois de Vinciennes For which his Father-in law pining away died with grief within twenty days The King's Body buried at Westminster His Brothers were left his Son Henry's Guardians Great loss of a King so vertuous So generally and princely qualified Of singular good fortune and esteem thereupon Duke of Glocester calls a Parliament n Rotul Parlia Ann. 1. H. 6. The hopes the Archbishop conceived of young King Henry Three Reasons for calling the Parliament viz. to assign the King Governors and consult about the Peace and for the defence of the Realm Jethro's Advice The Duke of Glocester confirmed Protector and the Archbishop named First of the Council But he retired to his Function Founded a College at Higham Ferrers And a large Hospital The Considerable Revenues of which were augmented by his Brothers Robert and William A Synod held by him at London The Dauphin crown'd King of France at Poictiers Whereupon preparation was made for War The Regent of France and Duke of Burgundy oppose the Dauphin The former sent for Supplies from England The Bishop of Winchester moves for Money in the Synod Which now wants Henry the Fifth As Henry the Sixth is like to go without their Money The Clergy's Estates being already so much drained And Livings fallen so low Being also alledged that the power of granting Tenths was taken away The Bishop succeeded no better in the Lower House and so The Synod was adjourned At the next Sessions half a Tenth was granted by the Higher House on condition the Proctors consented But refused by the Lower House The Synod dissolved o C. Quoniam v. provinciam de decim At the next Half a Tenth's given with much ado Hoke and Drayton's Heresy and Russell denies personal Tythes to be Jure Divino In his absence proclaimed an Heretick p Liter Academ Oxon. in Archiv ep 20. And prosecuted at Rome Afterwards he abjured his Error in England H Beaufort Bishop of Winchester an open Enemy to the Lord Protector Great Parties on each side Appear in the Streets of London The Archbishop interposed They then laid down their Arms. The Bishop of Winchester accuses the Protector to the Duke of Bedford Who hastens into England Calls a Parliament Finds out the causes of the Quarrel And inclines them to the arbitration of q Rotul Parliam an 4. H. 6. The Archbishop and Duke of Exeter c. Their Reconciliation confirm'd by the Votes of the whole Parliament Which granted Money for Levying Men. And Half a Tenth granted in the Synod Bishop of Winchester made Cardinal The Cap with a Legacy for England had been promised him by John the Twenty third But the Archbishop had shewn that the Pope's Legates derogated from the Royal Dignity c. Which he did in a Letter to the King Wherein there is a Specimen of the English Language at that time No Suit to be made to the Pope after Election till the Pope has wrote to the King and has got an Answer A Pope's Legate in England durante vitâ without Precedent The Doctrine and Discipline of the Church dispensable by the Ordinaries c. not Legates The Archbâ—shop sends a Minute of the Legate's Office or Instructions to the King Such Legacies are extraordinary and not without great and notable cause and no resident above two Months at most The Instructions to be express and limited He deprecates the Oppressions and cormorant Exactions of the Legates Upon this Letter the King forbad the Bishop of Winchester the Cardinal 's Cap. r Polychron in Hen. 5. After the King's death he is created Cardinal Å¿ Antiq. Britan. in Henr. Chich. For whom our pious Henry Archbishop was mistaken A Vigorous Defender of the King's Authority Whence he incurr'd the displeasure of Pope Martin the Fifth t Epist Academ Oxon 36. in Archiv The Archbishop's Character from Oxford u Rotul Parliam an 6 H. 6. Great Intercession mads for him Bishop of Winchester is Legate in England with a Faculty So exercis'd the Power that he was stiled the Rich Cardinal x Joan. Foxius in Martyrolog sub H. 5. The Cardinal opposed by R. Caudray the King's Proctor Promises not to exercise his Office without the King's leave * Eodem jure semper usi sunt Gallire Reges quorum injussu Legatis Pontificum nunquam licuit Galliam ingredi aut mandata promulgare Sicuti clarissimus Advocatus Regius Ludovicus Servinus coram Senatu Parisiensi Turonibus tum sedente demonstrabat cum Ann. MDXC Cardinalis Cajetanus ad Henricum IV. Galliae Regem Legatus mitteretur †L. Servâ—n aux playdoier vol. 4.
by birth a Cretan but it is not certainly known who his Father was When he was a Boy he was taken up by a certain Franciscan Fryer as he was begging from Door to Door who perceiving good Parts in him admitted him into his Order and instructed him in Grammar and Logick whilst he was in Italy from thence he sent him to Oxford where applying himself to the Studies of Philosophy and Divinity he attain'd to a very great perfection in both those Sciences as he shew'd afterwards in his Lectures at Paris and his close and subtile Commentaries upon the Books of Sentences After that by the Interest of John Galeatius Duke of Milan he was made Archbishop of that place then he was created Cardinal by Innocent the Seventh and now at last he was made Pope He was a man of great Learning and Integrity but having been wholly addicted to study and confin'd to a Monastick Life he was generally esteem'd unfit for the Administration of Publick Affairs He enjoy'd not the See of Rome either long or peaceably for the next Year going from Pisa to Bologna on the first of May in the Tenth Month of his Pontificate he was poison'd as it is believ'd and Balthasar Cossa whom he had made Legate of Bologna a man of a fierce Disposition and fitter for the Soldiery than the Priesthood was chosen Pope by the College of Cardinals partly through fear of the Soldiers that he kept in Garrison in the City and partly by bribing the poor Cardinals that were lately promoted by Gregory and took the name of John the Twenty third Now while Alexander was Pope at Pisa and Bologna Gregory assum'd that Title at Ariminum and Benedict at Panischola a City of Arragon so that three Popes sat at one time in St. Peter's Chair which could hardly contain the Pride of one and by the just judgment of God their Vanity was made manifest who would have the holy Flock of Christ and the Faith of all Christians to depend upon a perpetual succession of Popes in that See The Council of Pisa being broke up and the Winter coming on Henry Bishop of St. David's who is mention'd in the Statute-Books this Year as the King's Ambassador with the other Delegates return'd into England and the two following Years he was call'd by the Archbishop to two Synods holden at London as appears out of the publick Acts of those Synods the rest of his time he spent in visiting his Diocess examining into the Lives of the People and all the other Duties of his Episcopal Function which he perform d with great diligence as often as he had leisure from publick Affairs in which he was often employ'd by King Henry the Fourth who always highly honour'd him for his great Wisdom On the 20 th of March 1413. Henry the Fourth dyed at Westminster and Henry the Fifth a very accomplish'd Prince succeeded him to whom in respect of his excellent Endowments the Nobility of their own accord swore Allegiance before he was crown'd which we never read to have been done to any of our Kings before him While he was in a private Capacity he spent his younger days loosely and extravagantly but when he came to the Crown he chang'd his course of Life together with his Condition for he presently put away from him all those that he had made his Equals and who had serv'd him as Instruments of his Extravagances and took to him all the wisest and gravest men whose Counsels his Father had made use of amongst them Henry Bishop of St. David's whom he ever after highly esteemed and this very Year in the beginning of his Reign he chose him out of all the rest and sent him upon two very honourable Embassies first to the King of France and then to the Duke of Burgundy the remembrance of which we owe to the French Writers for ours have omitted this and many other passages For a War was begun in France between Charles the Sixth and Henry the Fourth occasion'd by the frequent Incursions of the French into Aquitain which at that time was in the possession of the English This Quarrel was transmitted together with the Crown to Henry the Fifth by his Father But King Charles being taken up with the Intestine Divisions between his Brother Lewis of Orleans and John Duke of Burgundy desir'd a Truce with the English from which King Henry being newly come to the Crown and his Affairs at home being not yet throughly setled was not much averse Whereupon Richard Earl of Warwick and Henry Bishop of St. David's were sent out of England and from the French King the Master of the Horse which is the highest Honour in France and the Admiral who meeting at Calais concluded a Truce for one Year When he was come back from France he was sent again the same Year with the Earl of Warwick to demand the Duke of Burgundy's Daughter in marriage for King Henry They met with the Duke at Lisle in Flanders and treated with him according to their Instructions but return'd without concluding any thing either because they did not like the person of the Lady or because the King was become more inclinable to a Match with the King of France's Daughter and had sent Ambassadors into France at this very time to treat about it Some few Months after his return he receiv'd a very ample Reward of these Embassies and his other Merits For the Creation of an Archbishop of Canterbury being in consultation he of all the Bishops of England was chosen without dispute as most capable of exercising the highest Office in the Kingdom next to the King himself in whose Judgment he was look'd upon as the fittest Person to deliver his Opinion first in the Privy Council For Thomas Arundel Archbishop of Canterbury dying on the 19 th of February in the Year 1414. John Wodneburgh Prior of Canterbu and the Monks of that Church desir'd leave of the King to elect a new Archbishop which was a Prerogative that the Kings of England had challeng'd to themselves since the time of Edward the Third who took it away from the Pope and constituted Bishops by his own Authority which practice of theirs Panormitanus affirm'd to be agreeable to the Constitutions of the Canon-Law When they had obtain'd leave of the King by a Grant under the Great Seal they first call'd home the absent Monks and celebrated the Funeral of Thomas Arundel in Christ's Church in Canterbury and on the 4 th of May they all assembled in the Chapter-house where after Solemn Service and a Sermon in which they were all admonish'd of their Duty out of the Holy Scriptures in a matter of so great importance and having also caused the King's Grant to be reâ—d Henry Bishop of St. David's was immediately demanded by all their Voices which demand was declared by John Langdon
Legate to Constance with a large Commission in which full power was granted him to lay down the Pontificate in his Name Whereupon the Legate putting on the Pontifical Robes and sitting in the Papal Chair as representing the Person of Gregory read his Commission publickly and resign'd the Papacy Benedict also being deserted by Ferdinand King of Arragon who had hitherto obey'd him by the Sentence of the Council was divested of the Popedom And that these Depositions of the Popes might appear to be lawful it was determin'd by a Decree of the Council that a General Council doth derive its Power immediately from Christ and that the Pope is subordinate to it After this they consulted about chusing a new Pope and it was agreed upon by the Council that six men out of each Nation should be deputed to go into the Conclave with the Cardinals and elect a Pope Now all things were manag'd in the Council by the Suffrages of five Nations the Germans the Italians the English the French and the Spaniards for it was in this Council that the English were first allow'd to be a Nation Out of them were chosen the Bishops of London Bath Worcester and Litchfield with the Abbot and Dean of York The third day after their entrance into the Conclave the Bishop of London leading the way with these words I Richard Bishop of London come to my Lord Cardinal Colonna all the rest follow'd his Example and chose Otho Colonna a Roman Prince and Cardinal of St. George of the Golden Fleece on the 11 th of November which being St. Martin's day the Pope took the Name of Martin the Fifth This Decree of the Council of Constance concerning the power of a General Council extreamly troubled the succeeding Popes insomuch that it was repealed by Leo the Tenth in the last Lateran Council since which a great many of the Canonists in their Commentaries and the Popish Divines in their long Disputations have disallow'd it either out of flattery to the Popes or else out of fear as having lost that liberty of speaking and writing which every one enjoy'd at the time of the Council of Constance when there was no Pope For Peter Ancharanus who was Advocate of the Council Baldus and Panormitanus gave it openly as their Opinion at that time That the Pope was subordinate to a Council and might be depos'd by it following herein the Authority of the Gloss of Archdiaconus and Geminianus who had deliver'd the same before in their Writings with whom Felinus and other more modern Authors do agree who approve the Council of Constance and maintain the same Opinion Nor is the Power of a Council restrain'd within such narrow limits that immediately upon the creation of a Pope it loses its Authority and can make no Decrees without the consent of the new Pope as Philip Decius imagined who is therefore deservedly censur'd by Charles Molinaeus and Panormitanus further adds That if the Pope dye or be depos'd in the time of a Council that then the power of Election is in the Council and not in the Cardinals alledging this Instance of the Council of Constance in which Martin the Fifth was chosen by the Cardinals and others to whom that Power was delegated by the Council But though this Decree was establish'd at that time in this Council of Constance yet it was afterwards of no force in the Council of Trent in which the Ambition of the Cardinals prevail'd who upon the death of Paul the Third who died in the time of the Council posted from Trent to Rome to create a new Pope But the Council of Constance by vertue of their Supream Authority in the beginning of their Session gave Commission under the Seals of the several Nations to Henry Bishop of Winchester and John Bishop of Litchfield to gather the Moneys due to the Chamber of Rome in England The Election of Martin the Fifth caus'd an incredible joy all over Christendom for every one thought that by this means the Peace of the Church would be re-establish'd The first notice of it in England was given by the Archbishop to the Synod and was presently divulged by Thanksgivings and solemn Processions This Synod was appointed by the Archbishop to be held at London on the 26 th of November upon a Command from the King by Letters out of France Thither came Thomas Bishop of Durham Lord Chancellour of England Thomas Beaufort Duke of Exeter Henry Percy Earl of Northumberland and Ralph Nevil Earl of Westmorland being sent from the Regent John Duke of Bedford to desire of the Clergy a supply of Money for the King who was then carrying on the War successfully in France which being seconded by the Request of the Archbishop they granted two Tenths In this Synod also Robert Gilbert Doctor of Divinity and Warden of Merton College in a long and eloquent Oration having first prais'd the University of Oxford laid before them the miserable Condition of the Students there who after many years spent in the study of the Sciences were not call'd thence to receive any reward of their Labours but were suffer'd to grow old in the University His Example was follow'd by Thomas Kington Doctor of Law and Advocate of the Arches who pleaded the same Cause for the University of Cambridge they both intreated in behalf of both Universities that by a Decree of the Synod some care might be taken to prefer them Whereupon it was decreed That all Livings whose yearly income amounted to sixty Marks should by the Patrons be given only to Doctors of Divinity Law or Physick those that were worth fifty Marks a year only to Licentiates in those Faculties or Batchelors of Divinity and those which did not exceed forty Marks yearly only to Masters of Arts or Batchelors of Law This related to those Benefices to which was annex'd the Cure of Souls The same Order almost was taken in those which are call'd Sinecures according to their respective Values It was further added That this Decree should not extend to those who had taken Degrees by some particular Grace But because it was provided by the Statutes of both Universities that the Students of Divinity should take no Degree in that Faculty till they had commenc'd Masters of Arts and that no Student of Canon Law should be created Doctor except he had studied the Civil Law this Condition was added to the Decree in favour of the Monks and Canon Lawyers that it should not be in force unless those Statutes were repeal'd For which purpose Thomas Felde Dean of Hereford and Thomas Lentwardyn Chancellor of St. Paul's in London were sent by the Synod to Oxford to treat about this Affair with the Masters of Arts by whose Suffrages the University is govern'd This was also signified to the Masters of Arts of Cambridge by Letters from the
Cowrte wow it so be that many lych at London to pursue to my Lord your brother your Chaunceler and your Counseil for to have leve and letters of passage Werfore Soverain Lord my Lord your brother charged me write to you and in as miche as your letter forseid was direct to me to wite in wat wise we shol governe us herafter for if ye have resteyned our holy faders letters or written to him it is unknowen to us unto this time Like it therfore gracious Lord to write to my Lord your brother in wat maner wise this matier schal be governed hereafter Forthermore gracious Lord of trowth that I am bound to you be my ligeaunse and also to quite me to God the chirch of your lond of the wich God and ye gracious Lord have maked me governor howeth to open to you this matier that suyeth of the wich I have herd pribily but now it is more opend and in such wise that credence shold bee yive to by reson that is to seyne that my brother of Winchester shold be maked a Cardinal if ye wold give your asent therto and that he shold have his Bishoprich in comende for terme of his life and therto have a stat and sent to your rengme of Yngland as a legat a latere to the wich manier of legacie non hath be acustumed to be named but Cardinals and that legacie also to ocupie thorgh all your obeysaunce saunce and all the time of his life Sovereyn Lord and most Christien Prince what instanse schall be maad to your Hignesse for this matier I wot not but blessyd be Almightie God undir your worthie protection your Chirche of Yngland is at this day I dare boldly say the moost Honorable Chirche Christien as wee l as debin servise as honest living therof governed after streit lawes and holy constitutions that be maad of hem withowten any gret erorbitaunses or any thing that migt torne to by shlaundre of your forseid Chirch or of your lond and if any trespases of mannys frelte falleth we may be coretid and punished by the Ordinaries there as the caas falleth But wat that this offis of legacie to be ocupied in the forme aforseid and suich comendis of Bishopriches not used in your holy Aunsetres time here afore wold extend to or gendre ageines the good governanse of your subgets in your by wisdom I trist to God ye will consider And forasmich as ye schal be enformid what the office of suych manier of legacie extendith to and appyly your Clerhys have not in minde for it hath shelde be seyn and have not alle here bookys with hent pleynly to enforme you in this time of your grete labor I send you a scrowe writen with inne this letter conteyning that is expressed in the Popis lawe and fully concludyd be Doctors And over that what he may have in special of the Popis grace no man wot for it stond in his wille to dispose as hym good liheth And be inspection of lawes and cronicles was there never no Legat a latere sent in to no loud and specially in to your rengme of Yngland withowte great and notable cause And thei whan thei came after thei had done her legacie abiden but lytul wyle not over a yer and summe a quarter or two monethes as the nedes requeryd And yit over that he was tretyd with or he cant into the lond whon he schold have exercise of his power and how myche schold be put in erecucion An aventure after he had be reseyved he whold have used it to largely to greet oppression of your peple Wherefore moost Cristien Prince and Sovereyn Lord as your trewe Preest whom it hath lyked you to sette in so hy astaat the wych with owte your gracious Lordship and supportation I know my self insufficient to ocupie beseche you in the moost humble wyse that I can devise or thenke that ye wile this matier take tendirly at herte and see the staat of the Chirche be meyntenid and susteyuid so that everich of the Ministers theroffe hold hem content with her owne part for trewly he that hath leest hath inow to rekene fore And that your poore pepul be not pyled nor oppressyd with diverse eractious and unacustumed thorgh wych thei schold be the more feble to refresche you owre liege Lord in time of nede and when it lyketh you to clepe up on hem and alle plees and sklaundre cese in your Chirche Towchinge oure holy fadir the Popis Ambassiat that late cam in to your lond I wot wel my Lord your brother wryteth to you pleynly and also of odir governance of your lond the wych blessed be God stond in good quiet pees and reste withowte any grete ryotis or debatys and al your trewe peple have her herys opyn to here good tydinges of you and continuely pray for your prosperite and al yowrys the mych Almighty God graunte for his mercy Amen wryten at Lambyth vi day of March. Your Prest H. C. Indorsed Au Roy nostre Souverein S. The King was so mov'd with this Letter of the Archbishop's that he commanded the Bishop of Winchester not to take upon him the Cardinalship and protested several times that he had rather see him wear the Crown than the Cardinal's Cap. During the King's Life the Bishop desisted but now relying upon the Infancy of the King and the Favour of his Nephew the Duke of Bedford he attempted it again and was created Cardinal by the Pope with the Title of Priest of S. Eusebius which easily occasion'd their mistake who instead of Henry Bishop of Winchester relate that Henry Archbishop of Canterbury was made Cardinal of S. Eusebius who was a Man of such Piety and Moderation that he was never known to court a Preferment by which being engag'd in the Interests of the Pope he must necessarily have swerv'd from that Loyalty to his Prince which he had always preserv'd entire and untainted For he was a most vigorous Defender of the King's Authority and the Rights of the Kingdom against the Ambition of the Popes and the Oppressions of the Court of Rome by which at this very time he drew upon himself the heavy displeasure of Martin the Fifth For the University of Oxford by Letters bearing date the 24 th of July this Year interceded for him with Pope Martin in which after they had given him a very extraordinary Character calling him the mirror of Life the light of Manners a Person most dear to the People and Clergy a golden Candlestick set up in the Church of England they besought him that he would not suffer the Credit of so eminent a Prelate to be blasted by the secret Calumnies of Detractors to which purpose also in the Parliament at Westminster the House of Commons petition'd the King to send an Ambassador forthwith to the Court of Rome to intercede with the
Fathers and for keeping privately by them several Books of John Wickliff and others concerning matters of Religion written in the Vulgar Tongue All which Opinions Some recanted others were imprison'd some of them recanted before the Synod and the rest were committed to Prison After them one Joan Dertford Joan Dertford by means of her Answer acquitted being question'd about the same Tenets clear'd her self of the Accusation by an uncertain Answer saying That she had learnt only the Creed and Ten Commandments and never durst meddle with the profound Mysteries of Religion upon which she was committed to the Bishop of Winchester's Vicar general to be instructed by him The Ordinaries also The Ordinaries charg'd to persecute the Wicklevists and Lollards of every place were commanded vigorously to prosecute those that dissented from the Church of Rome whom they call'd by the invidious Names of Wiclevists and Lollards and whose number daily increas'd and William Lyndewood Official and Thomas Brown Chancellor of Canterbury with some other Lawyers And Process ordered to be form'd against them both Canonists and Civilians were order'd to draw up a Form of the Process against them Pope Martin troubled that he obtain'd not the Tenths But Pope Martin was very much troubled to see the Power of the Keys decrease daily in England both by the denial of a Tenth for his War with the Bohemians and several other Affronts that he pretended to have lately receiv'd For some years before this having by his Bull of Provision translated Richard Flemming Bishop of Lincoln to the See of York which was then vacant by the That his Bull was opposed at York death of the Archbishop the Dean and Chapter of York oppos'd his entrance into their Church so that the Pope was forc'd by a contrary Bull to transfer him back again to the See of Lincoln The That his Legate was imprisoned Year after John Opizanus the Pope's Legate was imprison'd for presuming by vertue of that Office to gather the Money due to the Pope's Treasury contrary He expostulated with the Duke of Bedford to the King's Command which Matter the Pope by his Letters sharply expostulated with the Duke of Bedford He would certainly have call'd to mind all these things if he had not been diverted by the more important Concerns of the Council of Basil which The Pope is diverted with the prospect of the Council of Basil was now to be call'd For the time prefix'd for the assembling of it was now at hand the seventh Year being almost expir'd since the end of the last Council for which cause the Archbishop of Canterbury call'd another Synod at London in the beginning of the next Year on the 19 th of February in which Delegates Wherefore Delegates are chosen in a Synod at London with 2 d. per l. Charges were chosen to be sent to Basil and Two pence in the Pound was allow'd them out of all the Revenues of the Clergy Their Instructions were To desire in the name of the Church of England Their Instructions did run Against Pluralities And Non residence c. That a stop might be put to that vast number of Dispensations which were daily granted by which some were permitted to hold two Livings beside Dignities others had leave to be absent from their Cures and some who were scarce at Age were admitted to the highest Offices in the Church and that no Vnions of Churches might be made but where there were Convents within the bounds of the Parish The Synod gave the King a Tenth The Synod also granted the King a whole Tenth at the sollicitation of John Kempe Archbishop of York and Lord Chancellor of England who in a long Oration told them That the Siege of For the Siege of Orleans Orleans was rais'd by the death of the Earl of Salisbury a Renown'd Commander Many other Towns revolted that Troyes Beauvais Rhemes and many other Towns had revolted to King Charles that a great number And many English slain at Patau of our Men were lately slain in a Battel at Patau and that all France would soon come under the obedience of Charles unless Supplies of Money were rais'd in England that for this cause he with several others of the Privy Council were sent to them from the King The Synod also made an Order which concerned the general good of the Kingdom The Synod decreed just Weights That Tradesmen should be oblig'd to sell their Goods by a full weight and prohibited any one under pain of Excommunication to make use of a certain deceitful Weight with which they cheated their Customers But Pope Martin though it were Popes generally afraid of Councils with great reluctancy that he had call'd the Council at Basil fearing lest his Life and Actions should be inquir'd into for which cause also the a Fr. Guicciard lib. 9. Paul Jov. lib. 2. succeeding Popes were always very averse from calling a General Council yet because this was the Place and Time appointed both by his own Edicts and the determination of the Fathers assembled first at Constance and then at Pavia that he might not seem to equivocate in the opinion of all Christendom appointed Julianus Caesarinus Cardinal of S. Angelo to preside in his Name at the Council Martin appoints a President who at that time was his Legate in the Bohemian War against the Followers of Hus the Cardinal of Winchester being lately recall'd from that Post But before his journy to Basil in the beginning of the next Year Pope Martin died at Rome and Gabriel Condelmarius who The Pope dies before he took his Place was created Cardinal at Lucca by Gregory the Twelfth as is before related was chosen into his room on the 3 d of March and chang'd his Name for that of Eugenius the Fourth by whom also Eugenius the Fourth succeeds him and continues the President who was his Legate Caesarinus being continued in the Office of Legate he went to Basil and open'd the Council there in the beginning of December In which the matter was hotly debated concerning the Power of the Pope and on the 15 th of February it was Determined That a General Council doth derive its Authority immediately from Sess 2. Christ and that the Pope is subject to it The Pope adjudged subject to the Council c. that he hath no power to remove or prorogue it that if the Pope die in the time of their Session the right of erecting a new one is in the Council and that the supreme Sess 4. Government of the Church is committed to a Council and not to the Pope and by vertue of this supreme Authority they constituted By their susupreme Authority the Council makes a Legate of Avignon c. The Pope alarm'd removes the Council to Bologne Is opposed Alfonsus Cardinal of S. Eustace Legate of Avignon and forbad Eugenius to make any
new Cardinals before the end of the Council The Pope being alarmed at these Decrees by his Edict remov'd the Council from Basil to Bologna which Translation the Fathers by a contrary Edict disanull'd and both of them by their Letters cited the Archbishop of Canterbury one to Basil and the other to Bologna Upon this the Archbishop call'd a Delegates from London Synod to the Council of Basil and others to the Pope Synod at London on the 15 th of September and advis'd with the Bishops and Prelates what course was to be taken in the Dissention between the Council and the Pope who unanimously concluded To send Delegates to the Fathers at Basil and others to Pope Eugenius to compose the Differences on both sides to whom they voted a Penny in the Pound out of all the Profits of the Clergy besides the Two pence granted in the former Synod They also gave the King half a Tenth Half a Tenth given the King which was demanded of them in an Eloquent Speech by John Stafford Bishop of Bath and Lord Chancellor of England with whom came also to the Synod William Lyndewood who was lately made Keeper of the Privy Seal This William Lyndewood was esteemed one of the Wisest and most Learned Men of that Age he was very much belov'd by the Archbishop who remov'd him first from the Chancellorship of Salisbury to that of Canterbury afterwards he made him Official at the Court of Arches and gave him several rich Livings he also recommended him to both the Kings Henry the Fifth and Sixth the first of which sent him Ambassador into Spain and afterwards into Portugal and now under Henry the Sixth he was made Keeper of the Privy William Lyndewood Keeper of the Privy Seal Seal and soon after Bishop of St. David's Amongst b Jo. Balae de scriptor Angl. Cent 7. other of his Works which are now lost he got a great deal of reputation with Posterity by his learned Writ excellent Commentaries â—n the English Constitutions And was stiled the Light of the Law Complaint in the Synod against the Vicars General c. Commentaries upon the English Constitutions which Work he dedicated to the Archbishop whom for his c In Epist Dedic great knowledge in both Laws he stil'd the light of the Law In This Synod the Clergy of the Lower House complain'd to the Bishops that their Vicars General Commissaries and Officials were for the most part ignorant both in the Civil and Canon Law and that they had never taken any degree in the Universities whereupon Decreed that a Judge of a Spiritual Court must have some degree of the Law it was Decreed That no one should be made a Judge in any of the Spiritual Courts unless he had taken some degree in Law After which the Synod broke up In speaking of This Synod we made mention of John Stafford Bishop of Bath who was made Chancellor in the room of John Kempe Archbishop of York who being lately advanc'd to the Purple with the Title of Cardinal of S. Balbina had laid down that Office Between him and the Archbishop of Canterbury there arose a very sharp Dispute about Priority For in the Parliament holden shortly after at Westminster the Archbishop of York in respect of his Cardinal's Archbishop of York as Cardinal claim'd precedence of Canterbury Dignity claim'd precedence of the Archbishop of Canterbury which he on the other side rightly maintain'd to belong to him by the ancient Prerogative of his See The Archbishop of Canterbury on the contrary by ancient Prerogative Referred to the Pope The cognizance of this Affair through their mutual Contentions being referr'd to the Pope the Archbishop of Canterbury pleaded his Cause himself by Letters and appointed Antony de Capharellis his Proctor at the Court of Rome who in his Name maintain'd that the Archbishop of Canterbury was within his The Arguments for Canterbury urgent own Jurisdiction in which it was fit that he should take place of every one and that in the Province of Canterbury no respect ought to be had to the Dignity of Cardinal possess'd by my Lord of York who being remov'd from the Pope's presence was depriv'd of the brightness of those Raies whose splendor he receiv'd by communication from his Holiness and that even a Bishop d Abb. ad c. sane n. 4. de for comp while he is in another Bishop's Diocess is look'd upon but as a private Person and not as a Bishop But the Pope out of his desire to maintain the Honour of the See of Rome and of the Cardinals his Brethren being more enclin'd to favour the Archbishop of York writ back to the Archbishop of Overborn in the Cardinal's favour Canterbury That the first Degree in the Church next to the Papacy belonged to the Cardinals that they were those venerable Priests mention'd by Moses in the Seventeenth Chapter of Deuteronomy that they were afterwards instituted by St. Peter and were to be accounted as Members of the Pope's Body and that the whole Church did turn upon them as upon its Hinges Seeing therefore that it hath obtain'd by the Customs and Constitutions of particular Churches that in the same Province a Priest should take place of a Deacon a Bishop of a Priest and an Archbishop of a Bishop that much more the Laws of the Catholick Church ought to be universally observ'd for as every Archbishop presides in his own Province so the Cardinals are set over the Universal Church by the Pope Lastly He exhorted and intreated the Archbishop to submit to the Customs of the Church of Rome and give place to the Cardinal promising both him and the whole See of Canterbury all the kindnesses that could be expected from a most affectionate Father This Letter is inserted at length by Cardinal Jacobatius in his e Lib. 1. de concil art 12. Book of Councils when he comes to discourse about the degrees of Cardinals and Patriarchs By this it plainly appear'd to Posterity how strenuously the Archbishop desended the Dignity of the Church of England against the Pope whose displeasure he had incurr'd as we said before for maintaining the King's Authority The Differences betwixt Eugenius and the Council of Basil gave occasion to the calling another Synod the next A Synod call'd at London on occasion of the difference between the Pope and Council Year For after that Eugenius had remov'd the Council from Basil to Bologna and had been urg'd in vain by the Fathers at Basil to revoke his Decree they commanded him by their Edict to submit to the Council and repair to Basil The Pope is summoned to Basil within sixty days otherwise they declar'd that they would proceed against him as contumacious and devest him of the Papacy Whereupon in a Synod begun at London the 7 th of November the Archbishop commanded the Proctors for the Clergy and all the Prelates of the Of which London Synod
de Vinea Bishop of Todi and Antony de Butrio first Professor of Canon Law in the University of Bologna who makes mention of this Embassy in his Commentaries Their Instructions were to treat with Benedict about the place where this Resignation should be made They met with him at Marseilles and it was concluded that by November following both the Popes should meet at Savona which is a City belonging to the Republick of Genoa and situated upon that Coast where after they had both resign'd the Papcy a new Pope should be chosen From Marseilles they went to Paris to treat with Charles the Sixth King of France about this Affair where they were receiv'd by all people with incredible joy but when they had finished their Embassy and were return'd to Gregory he treated them so harshly that Antony de Butrio soon after dyed of grief For all this was but a Trick of Gregory's to shift the imputation of these Dissentions from himself for first he began to draw back from the Agreement pretending that Savona was a suspected place as belonging to the Genoeses who acknowledged Benedict and afterwards absolutely refus'd to stand to it alledging the Opinions of his own Divines who being set on by him taught the people publickly in their Sermons that he could not without impiety desert the care of the Christian Flock which was committed to him by Christ the chief Shepherd But before the end of the Summer there being a hot discourse that Benedict was come to Savona that the blame might not lie wholly upon him he departed from Rome though very unwillingly and the next year on the first of September came to Siena where he staid till the end of the next January During his stay There beside the Ambassadors from Benedict from Charles King of France and other Princes those from our King came thither also among whom as we said before was Henry Chichele who was there made Bishop of St. David's by the Pope These all earnestly besought him to establish peace in the Church which he had so solemnly promis'd and sworn to do before the College of Cardinals From Siena he went to Lucca in the beginning of February where though he were often press'd by our Ambassadors who staid with him at Lucca till the end of April to go to Savona he absolutely refus'd it and dealt underhand with Benedict by his Emissaries persuading him not to recede from his Pretentions to the Papacy for which cause when every one plainly perceiv'd that he plaid the Hypocrite and design'd to impose upon all Christendom instead of Gregorius they call'd him Errorius The Cardinals were very much troubled that against their will and contrary to the obligation of his Oath he had promoted to the Purple Gabriel Condelmarius his Nephew who was afterwards Pope and three more and had strictly charg'd the rest of the College to hold no correspondence with the Cardinals of Benedict without his knowledge which as it was said some of them privately carried on and had also depriv'd John Proset Archdeacon of Norfolk of all his Preferments for no other reason but because he spoke to some of the Cardinals of the contrary Faction Whereupon those of his own Party in May 1408. fled to Pisa which is distant from Lucca about ten Miles and there by a publick Protestation they appeal'd from the Curses and Excommunications which Gregory had pronounc'd against them to Jesus Christ the Supream Judge to a General Council and to the Pope that should hereafter be chosen which appeal the Abbot Panormitanus afterwards allow'd to be just and lawful and that the Cardinals were not at all affected with the Excommunication of an unlawful Pope And though some of Gregory's Creatures taught publickly that he was freed from the obligation of the Oath that he had taken to extinguish the Schism in that he might absolve himself from it by his own Authority yet the best Lawyers as Peter Ancharanus Cardinal Francis Zabarella and Antony de Butrio who all flourish'd at that time maintain'd the contrary affirming that in this case both the Popes were guilty of Perjury which Opinion was afterwards follow'd by Philip Decius This departure of the Cardinals from the Pope was very acceptable to most of the Christian Princes and particularly to our King Henry and Charles King of France who being tired with the shifts and delays of the Popes had lately withdrawn their obedience from them both which nevertheless the Historians of both Nations who were Pentioners to the Pope have unfaithfully omitted For the English though they hitherto paid their obedience to Vrban the Sixth and those Popes that were created after him at Rome so religiously that Thomas Arundel Archbishop of Canterbury in the Oath that he took to Boniface the Ninth according to the Custom at his entrance into that See did expresly promise that he would account Rupert Cardinal of Geneva commonly called Clement the Sixth as an Usurper yet in a Synod holden at London this Year by the King's Authority it was forbidden to pay any Money due to the Treasury of Rome out of Bishopricks or Parsonages This the Cardinals requested by their Letters which are yet to be seen in the publick Records affirming that those vast Sums of Money which were carried to Rome every Year out of this Kingdom did incite the Popes to seek the Papacy and hindred them from laying it down when they had once obtain'd it neither is this taken notice of by any of our Writers And though the French had all along sided with the Popes at Avignon yet now that King perceiving the obstinacy of Benedict refus'd to obey him any longer as Baldus relates who also proves that his withdrawing his obedience from him was just and reasonable Afterwards by a Decree of the Parliament of Paris the Cardinals and Officers of the Apostolick Chamber were forbid to meddle with the Profits arising out of Annates and two of the Pope s Emissaries who had brought to Paris his Bulls of Excommunication against the King and the Princes were put in a Dungcart with Paper-miters upon their Heads carried through that City in an ignominious manner as Charles Molinaeuâ— an Accurate Lawyer not relying upon the credit of the French Historians hath prov'd out of the publick Acts of that Court. Wheresore Theodoric of Nismes doth deservedly accuse the Remissness of the Emperors For Charles the Fourth in whose time the Schism began not only neglected the Calamities of the Church but also shamefully weakned the Empire by renouncing the Kingdom of Arles in France and by alienating many of the Cities of the Empire he afterwards by dishonourable Means prevail'd upon the Electors to chuse his Son Wenceslaus a Man of a mean Spirit King of the Romans and to appoint him his Successor who when he came to the Empire did
pass to his Daughter To which Ordinance if any Laws in any Nation whatsoever be found repugnant they are not Laws but Corruptions seeing they depart from that principal Rule of Justice which the great Lawgiver prescrib'd to his own People But setting aside those Women who govern'd that very People and those Kings who inherited that Crown in right of their Mothers we Christians do all acknowledge that Jesus Christ was the lawful Heir of the Jewish Kingdom now they who deny a right of Succession to be deriv'd from the Female Sex do not only oppose his Title but also deprive us of those exceeding great Benefits which God hath promis'd to Mankind through Christ For God having promis'd Abraham that in his Seed all the Nations of the Earth should be blessed because the Messias was to come out of his Family and the Prophets Isaiah and Micah by the inspiration of the Holy Ghost having prophesied many Ages before that Christ should spring out of the Root of Jesse and out of the Family of David and that the Tribe of Juda should be the noblest of all the rest because Christ was to arise out of it who should govern the People of Israel if the right of Succession be taken away from the Female Sex we shall find no truth in these Divine Oracles for Christ being begotten by an Eternal Father could not spring from the Seed of Abraham from the Root of Jesse from the House of David and from the Tribe of Juda but by Inheritance from his Mother But the French chuse rather to destroy the veracity of the Divine Promises than to submit to a Foreign Prince and they that call themselves most Christian do prefer a supposititious Law of Pharamond a Heathen before those sacred Laws given by God himself I would ask the French why they exclude Women from a right of governing whom all other Nations do admit Is it because their Government is so much better than that of all other Nations and even than that of the Jews which was constituted by God himself that only men are capable of administring it or does France which as they say produces the bravest men in the World bring forth the weakest and most despicable Women or did your great Grandfather's Mother Isabella commit some heinous Crime for which she a King's Daughter and Sister to Kings deserv'd to be depriv'd of the Crown But though we should grant them all this yet seeing they have formerly rejected your great Grandfather King Edward and do now disclaim any Authority that your Highness hath over them they are very manifestly convicted of Treason against you For admitting the Salick Law to be in force in the Kingdom of France let Females be excluded and the Male Issue only inherit the Crown yet by what words of that Law are the Sons of those Females excluded Shall a Law that debars Women from inheriting in respect of the natural Levity of their Sex be made to contradict it self and for a quite contrary reason to put by Men also or will they by a kind of malicious comprehension extend those words of the Law to the Male-Sex which reach only the Female Wherefore though they exclude Isabella why did they not admit her Son Edward a magnanimous and prudent Person why do they not invite your Highness a Prince every way qualified for Government For it is a received Maxim amongst the Lawyers that one unworthy or incapable may transmit some sort of right to his Heir and that those Laws that take away from Females the right of Inheritance are contrary to right Reason and natural Justice that none but the strictest interpretation of them is to be admitted and that they may not be stretch'd beyond the very Letter from Women to Men nor to the exclusion of a Sex that is not mentioned in them but ought rather to be taken in the most favourable acceptation Seeing therefore most mighty Prince that you are call'd to the Kingdom of France by the Laws both of God and Man assert that Right which is denied you by the French by force of Arms strike off that Crown from the head of the King of France which he hath unjustly put on repress the Rebellions of that People with fire and sword maintain the ancient Honour of the English Name amongst Foreign Nations and suffer not Posterity to accuse your Tameness in passing by those Affronts put upon you by your Enemies For besides a very just Cause which is commonly attended with the Divine Assistance you have all things that can be desir'd for carrying on a War with success a vigorous Age a strong and healthful Constitution a loyal Nobility and Commonalty and a flourishing Kingdom and lastly We your Subjects of the Clergy have granted your Highness a greater Sum of Money than your Predecessors ever received of our Order which we very readily and chearfully offer you for the Charges of this War and shall daily in our Prayers implore the Divine Majesty that by the prosperous success of your Arms he would make known to all the World the Justice of your Cause The Archbishop having ended his Speech the King seem'd very much affected with it But Ralph Nevil Earl of Westmorland President of the North fearing the Incursions of the Scots if the King should pass over into France in a long Oration endeavour'd to persuade That a War with the Scots was to be undertaken before that with the French and after he had excused himself in the beginning of his Speech for his want of Learning as not being able to contend with my Lord of Canterbury either in Eloquence or Knowledge he added That he had learn't from Wise men and from his own Experience that Forces united are stronger than disjoin'd and that it was less hazardous to invade a Neigbouring Enemy than one more remote Thus the Romans first reduc'd to their obedience the Samnites the Fidenates the Volsci and those People of Italy that lay next to them before they attempted to meddle with Foreign Nations and afterwards preferr'd the little Island of Sicily because it border'd upon Italy before the vast Regions of Pannonia Numidia and Germany He shew'd that the War with the Scots would be managed here at home where Soldiers and all other necessary preparations for War would be ready at hand whereas against the French there was a necessity of providing a great Fleet and Army at a prodigious charge when the Seat of the War was to be in the Enemies Country that the Victory would be easily obtain'd over the Scots their King being Prisoner in England and the state of Affairs there being in confusion through the unseasonable severity of Alban the Regent and lastly That the cause of this War would be very just being occasioned by the Ravages and Robberies daily committed by the Scots which they would exercise with greater fury while the English
War lest he who the last Year was Conqueror in the Battel of Agincourt should now upon the account of his late Losses seem not to give but to receive Conditions of Peace Wherefore having setled his Affairs in France he return'd soon after into England and held a Parliament at Westminster of which he easily obtain'd a supply of Men and Money for the service of the War with France the next Year At the same time the Archbishop came back from Calais and by the King's Command call'd a Synod at London on the 9 th of November in which at the request of Henry Beaufort Bishop of Winchester the Earl Marshal and Henry Ware who from Chancellor of Canterbury had some time before been made Keeper of the Privy Seal who for that purpose were sent thither by the King he prevail'd with them to grant the King two Tenths for his Expedition into France There was nothing else done in that Synod but on the Days of John of Beverley and of Crispin and Crispinian Martyrs on which the Battel of Agincourt hapned were made Holidays The King having commanded the Nobility to attend him and having levied a choice Army and equip't his Fleet sail'd over into Normandy on the 1 st of August 1417. leaving John Duke of Bedford to govern the Kingdom in his absence When he was gone the Archbishop commanded all the Bishops of his Province to cause solemn Processions to be made to all Churches and Chappels for the safety of the King and the success of his Arms. The same Year by a signal Example of his Justice and Courage he shew'd how much all People whatsoever in that Age stood in awe of the Authority of the Church For on Easterday the Lord Strange with the Lady Elizabeth his Wife and a great Train of Servants attending them coming to St. Dunstan's Church to Vespers and meeting Sir John Trussel there with whom he had an ancient Quarrel his Servants drew their Swords in the Church wounded Sir John his Son and some others of his Family and kill'd one Thomas Petwardy a Citizen of London who to accommodate the matter between them had thrust himself into the Scuffle The Matter being brought before the Archbishop he interdicted the Church which had been polluted with Blood the Authors and Accomplices of the Crime were publickly excommunicated and curs'd before the People at Paul's Cross and the Archbishop sitting as Judge in St. Paul's Church after he had examined into the Fact impos'd this Penance on the Lord Strange and his Lady who fell on their knees before him and humbly begg'd pardon of the Church That their Servants in their Shirts and Drawers only and he and his Wife with Tapers in their hands should go through the great Street of the City from St. Paul's to St. Dunstan's all which was accordingly perform'd with great solemnity and when the Archbishop purified St. Dunstan's Church the Lady Strange fill'd the Vessels with Water they were also commanded to offer each of them a Pyx and Altarcloath In the mean time the matter was hotly debated in the Council of Constance about taking away the Schism in the Church by the creation of a new Pope and restraining those Persons who with a great deal of liberty inveigh'd against the Pride of the Popes the Luxury of the Clergy the lazy Lives of the Monks and the innumerable Corruptions of the Church of Rome Of these John Wickliff was accounted the chief who in the Reign of Edward the Third and Richard the Second by his publick Lectures at Oxford and afterwards by his Books which he put out drew to his Party a great many not only of the Students of that University but also of the Nobility and common People By him the Seeds of sound Doctrine were dispers'd among other Christian Nations and particularly among the Bohemians who embrac'd his Tenets so readily that they had already in a manner renounced the Pope To put a stop to their progress John Wickliff was pronounced a Heretick by a Decree of the Council and it was further ordained that his Memory should be accurs'd that his Bones should be taken out of his Grave and burnt and that all those who maintain'd his Opinions should be prosecuted as guilty of Heresy Then they proceeded to the Bohemians and having likewise condemned their Opinions John Huss and Hierome of Prague were adjudg'd Arch-hereticks and condemn'd to the Flames The death of these two Persons brought a great deal of infamy upon the Emperor Sigismond and the whole Council for being cited to Constance they came thither under the security of the publick Faith which Sigismond had engag'd to Ladislaus King of Bohemia for their safe return Which being so shamefully violated the Bohemians were so incens'd that having made John Zisca a valiant Commander their General they afterwards brought the Emperor into very great Straits But the Council to take away the infamy of this Action decreed that Faith was not to be kept with Hereticks having first consulted Panormitanus and Ludovicus Romanus two Lawyers of great repute who deliver'd this as their Opinion as did also some others whom the Fathers of the Council could sway by their Authority Notwithstanding the more Modern Lawyers were of a contrary Opinion and the Papists themselves were so asham'd of this Decree that they did not offer to violate the publick Faith given to Luther at the Dyet of Worms and afterwards to the Protestants which came to the Council of Trent For what can be more absurd or indeed more impious than that Christians should make no account of their word which was always esteem'd sacred even by the Heathens themselves After these things the Council was wholly intent upon composing the Differences between the Popes For when the Emperor Sigismond was return'd out of England several hainous Crimes were alledg'd against John the Twenty third because he had not laid down the Papacy as he had solemnly promis'd whereupon he fled privately and in disguise from Constance into Austria but being pursued by the Emperor he was taken in the Habit of a Fencer or a Huntsman and brought before the Council by whom he was committed to Prison and some of the chief Men out of every Nation there present being deputed to examine into his Actions he was accused before them of Adultery Incest Witchcraft Murther and other horrid Crimes particularly of Simony that being first made Cardinal and afterwards Pope through Bribery he had set to sale Livings Dignities Bishopricks and Cardinalships Orders Indulgences and all other things belonging to the Church all which being prov'd by Witnesses by the Sentence of the Council he was divested of the Papacy and condemned to Imprisonment There remain'd yet Gregory the Twelfth and Benedict the Thirteenth Gregory when he saw that he must submit sent Charles Malatesta Prince of Ariminum as his
the s Card. Bellar. lib. 2. de Concil cap. 18. Divines in the following Ages did affirm to be so inherent in the See of Rome that the Pope could not divest himself of it nor any way make himself inferior to a Council Before the end of the Year in which these things pass'd at Basil the Archbishop A Synod call'd at London call'd another Synod at London which began on the 21 st of November but being hinder'd by some indisposition he could not be there that day However he came some days after and in a long Speech in which he could hardly refrain from Tears He reckon'd up the grievous Miseries of the Church proceeding from the Penalties daily inflicted on the Ecclesiastical Judges which by the Where the Statute of Praemunire is reckon'd a lamentable Church-Grievance Statue commonly call'd the Statute of Praemunire were design'd against Provisors and from the Citations of the Clergy as well as others to the Secular Courts Whereupon it was unanimously agreed that the Archbishop should present a Petition to the King in the name of the Clergy wherein they set forth That the Penalties which by the * 16. R. 2. 15. Statute of Richard the Second were designed against those that should sue any of the King's Subjects in any of the Pope's Courts either at Rome or In so far as a Suit in an Ecclesiastical Court is construed a suing in Rome elsewhere by a cunning interpretation of the Common Lawyers were turn'd maliciously upon those that had any Cause depending in the Spiritual Courts here in England the cognizance of which they challeng'd to themselves by which means all People being deterr d from coming to their Courts the Ecclesiastical Jurisdiction was very much diminish'd and the Privileges granted to the Church by his Highness's Predecessors became insignificant Wherefore They petition the King to limit the Penalties to those who sue in a Foreign Court strictly taken they besought the King that he would settle it by Act of Parliament that those Penalties should be taken to extend only to those that commenc'd any Suits or procur'd any Writs or publick Instruments at Rome or any where else out of England and that no one should be proceeded against upon that Statute for any Sute in the Spiritual Courts of this Kingdom and that if the Ecclesiastical Judges exceeded the bounds of their Jurisdiction they might be restrain'd by Prohibitions and other lawful Punishments The King answer'd the Archbishop who pleaded in behalf of his Brethren The King promises them imâ—unity till a Parliament be called That he would consider of their Petition in the next Parliament and that in the mean time he would take care that no one should be molested by his Judges upon the account of that Statute unless the Cause were first approv'd by himself or the Privy Council This Answer procured the â—…ing a Tenth This gracious Answer of the King 's so pleas'd the Synod that they immediately granted him a whole Tenth with this Condition which was particularly express'd that the Revenues and Benefices belonging to the College of All Souls should not be included in the Concession This was the last Provincial Synod that the Archbishop held From that time he bent all his thoughts as far as publick business would give him leave upon finishing his College which he designed to dedicate to the service of Learning For by this time the Walls of it which were very stately and magnificent were built and the Workmen had begun to lay the Roof the Archbishop had also purchas'd Lands and Mannors for the perpetual maintenance of his Foundation all which he acquainted the King with and humbly besought him that he would permit the College to be founded in his Name because The Archbishop pray'd the King to suffer his College almost finished to be founded in his Royal Name the Lawyers were of opinion that the Splendour and Authority of the King's Name was of great importance toward founding a College in due and lawful manner Now the King was always very favourably inclin'd towards the good of the Church and the encouragement of Learning and had a great love and veneration for his Godfather the Archbishop Wherefore by his Letters-Patent Letters Patent accordingly granted under the great Seal he erected into a College this Building which the Archbishop had endow'd with all the Lands which he had purchas'd and granted it very large Privileges he also gave leave to the Founder to place in it a Warden and Fellows and to make Laws and Statutes to oblige both them and their Successors Upon which he went the next Year to Oxford where he solemnly consecrated the Chappel The Chappel consecrated of his College and made Richard Andrew A Warden of the College made And twenty choice Fellows with power to elect twenty more Doctor of Law and Chancellor of Canterbury Warden of it he also made Twenty Fellows who were all choice men pickt out of the whole University to whom he gave power to elect into their Society Twenty more Out of which Number he order'd that Twenty for Divinity and Sciences And the Civil and Canon Law four should study Divinity and the Liberal Sciences and the other Sixteen the Civil and Canon Law He also commanded all the Members of his Foundation to pray for the Souls of King Henry the Fifth of Thomas Duke of Clarence and of the Nobility and common Soldiers that had been kill'd in the French War and for all Christians in general according to the custom of those Times being troubled in Conscience as it should seem that he had been the Author and Promoter of that War in which a vast number of men had lost their Lives for which cause he order'd Wherefore the Archbishop called the College All Souls c. his College to be call'd the College of All Souls departed in the Faith in Oxford He added also two Chaplains several Choristers and Servants who were to attend upon the publick Service of the College Prescribed them Statutes After this he prescrib'd them Laws and Statutes by which their Studies and Manners their Offices and Profits were to be regulated and lastly having inspected John Druel's Accounts of the Building thus far he committed the care of beautifying it within and enlarging it without to Roger Keyes who was afterwards made Warden For the Cloysters and that part of the Building that faces the great Street of the Town were built as it is said some part in his life-time and the rest after his death After the Foundation of this College we find no mention of any publick Action done by him either in the Records of the Kingdom or in the Historians of that Age only some noble Benefactions of his to the University of Was very liberal to Oxford and Canterbury Church Oxford and the Church of Canterbury are recorded with which we shall conclude the History of his Vertues