were engag'd with the French who are in strict conjunction with the Scots by an ancient and even natural Alliance that is between the two Nations and therefore that it would be very hazardous to invade the French before England was secur'd from the Scots at home To this Speech of the Earl's reply'd John Duke of Exeter a Man of great Wisdom and Learning which he had acquir'd in the Universities of Italy whither he was sent by his Father who design'd him for the Church He very eloquently maintained That the French ought first to be invaded upon whose aid the Scots relying infested the English That if they were subdued the Scots would come in of themselves according to this Aphorism of the Physicians That the Remedy must be first applied to the Cause of the Disease and that in order to the healing a Wound effectually the peccant Humour must first of all be purg'd For from whence said he do the Scots draw the first rudiments either of Learning or Arms but from their Education in France How can the Scotch Nobility be maintain'd if those Pensions should fail which they use to receive from France or if that Kingdom should be subdued with what Nation will the Scots maintain any Commerce or from whom will they implore Assistance Not from Denmark that King is allied to you by marriage with your Sister not from Portugal or Castile both those Princes are your Cousin-Germans not from Italy that is too remote not from Germany or Hungary they are both in league with us so that the Scots will submit to you of themselves when the French are conquer'd as the Tree necessarily withers when the Sap fails He also shew'd in the Instances of Malcolm and David Bruce that the Scots never invaded England but when the English were at war with France and therefore he propos'd that the Earl of Westmorland should be sent with some choice Troops to hinder them from attempting any thing in the King's absence He concluded that the Conquest of France would be a rich and plentiful reward of their Victory in comparison of which that of Scotland was but poor and inconsiderable The King and the Nobility were so much inclin'd in favour of this Opinion but especially the Dukes of Clarence Bedford and Glocester the King's Brethren who were enflam'd with the desire of acquiring Honur and Renown in the War with France by the Example of their Ancestors that when it came to be voted after the usual manner they all concurred in their Opinion with the Archbishop and cried out confusedly in the House War War with France By this means the Archbishop obtain'd great commendation of Posterity for his Wisdom who by this Counsel of his promoted a very successful War and averted a very great Calamity from the Church The King having dissolv'd the Parliament with great diligence provided his Army and Navy and made all other necessary preparations for such a War designing to invade France the next Year In the beginning of which that he might proceed according to the Law of Nations he sent Ambassadors into France the Bishops of Durham and Norwich to demand the Kingdom of King Charles who receiv'd them civilly and told them that he would shortly send Ambassadors into England to return an Answer to their Demands The Fleet and Army being ready for this Expedition and the Soldiers being order'd to rendezvouz at Southampton in order to embark on Board the Fleet The King in his Journy thither staid some time at Winchester where the French Ambassadors came to him who were the Earl of Vendosme William Bouratier Archbishop of Bourges Peter Fremell Bishop of Lisieux and Walter Cole Secretary to the King The Archbishop of Bourges made an Eloquent Oration in the name of the rest in which after he had largely and floridly describ'd the Miseries of War and the Advantages of Peace he offer'd the King in marriage the Lady Catharine King Charle's Daughter if he would desist from the War promising for her Dowry a great Sum of Money and some part of those Provinces which the King demanded by right of Inheritance The King only answer'd at that time that he would consider of the Conditions which they propos'd and the next day sitting on his Throne and attended with a great number of the Nobility the Ambassadors being call'd in he told them that the Conditions which they offer'd were such as he could not accept of with honour and calling Henry Archbishop of Canterbury he commanded him to give a fuller Anser to the Archbishop of Bourges Oration which he did to this effect That the King as soon as he came to the Crown thought nothing of greater importance than to maintain peace as well at home amongst his own Subjects as abroad with Foreign Princes For which cause he had call'd a Parliament in which having setled his Affairs at home he had sent Ambassadors into France to claim his right and to demand that part of the Kingdom of France which the Kings of England had held for some Ages by a lawful possession But seeing his Ambassadors had brought back no Answer from King Charles that he had levied an Army and provided all things necessary for the War and that he was now ready to pass over into France and revenge the wrong they had done him when he perceiv'd they made no account of his Right Nevertheless that he might testify to all the World how averse he was from shedding Christian Blood by the mutual Butchery of War that he would remit something of his Right that he would disband his Army and establish a Peace between the two Nations by marriage with Catharine upon condition that they would restore to him the Dutchies of Aquitain and Anjou and the other Dominions which his Ancestors enjoy'd in France neither forcibly nor clandestinely nor precariously That unless these Conditions were accepted the King would immediately enter France with his Army and lay it waste with Fire and Sword nor would he ever desist from slaughter and revenge till he had reduc'd it to his obedience and had recover'd the Dominion transmitted to him by right of Inheritance from his Predecessors And lastly That he call'd God Almighty both for a Witness and Avenger of his Cause whose Majesty he trusted would be propitious to so just a War When the Archbishop had done speaking the King interpos'd and with his Royal Word confirm'd all that he had deliver'd in more copious and Rhetorical Terms To which when the Archbishop of Bourges began to reply with reproachful Language and to reflect upon the King with more freedom than consisted with the Character of an Ambassador the King only reprimanded him for the liberty which he took and commanded the Ambassadors to depart the Kingdom under safe Conduct The King soon after follow'd them setting sail from Southampton with his whole Army on the 13 th of
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
abroad again some Opinions which he had recanted in the Synod two years before for which he was said to be relaps'd into Heresy His Tenets were these That God alone was to be invok'd by the Prayers of the Faithful that that Worship was due to Christ himself not upon the account of his Human Nature but of his Divine Nature only that it was not lawful to pray to Saints or any other created Being that those that offer'd Gifts to the Image of the Cross or of the Saints were guilty of Idolatry that a Monastick Life was contrary to the Institutions of Christ that the Administration of Civil Affairs and all Secular Government was forbidden to Priests by Christ himself and that many of those Opinions that were condemn'd as impious by the Council of Constance were Orthodox All these Assertions were referr'd by the Archbishop as Judge in this Affair to the four Orders of Mendicant Fryers who were to examine whether they were agreable to the Holy Scriptures and the Sense of the Fathers and the Lawyers were order'd to consider what punishment was to be inflicted on one relapsed into Heresy The Divines deliver'd their Opinion That the Tenets maintain'd by him were impious and contrary to the Holy Scriptures and the Decrees of the Church of Rome As to matter of Law William Lyndewood Official of the Court of Arches Thomas Brown Dean of the same Court and the other Lawyers answer'd That one suspected of Heresie was to be debarr'd from the Communion of the Church for a year and if after this probation he repented of his Errors he was to be receiv'd again into the bosom of the Church but if he relaps'd into Heresy again he was to be reputed guilty of a capital Crime and deliver'd over to the Secular Power whereupon by the Sentence of the Synod he was declar'd a Heretick and solemnly devested of his Orders Soon after the end of this Synod the whole Kingdom was seiz'd with the greatest consternation imaginable upon the News of the King's death who having pursued the Dauphin with too much heat as far as Bourges on the 31 st of August died at Bois de Vinciennes about three Miles from Paris of a violent Fever which he had contracted by his excessive Fatigues He died in a very unlucky time for King Charles his Father-in-Law pin'd away with grief for the death of his Son King Henry who was very dear to him and died within twenty days after The King's Body was brought over into England and buried at Westminster The Inheritance of both Kingdoms descended to Henry the Sixth who was then an Infant the government of which was left by the late King in his Will to his two Brothers that of England to Humphry Duke of Glocester and that of France to John Duke of Bedford till his Son should come of Age the care of whose Education was committed to Henry Beaufort Bishop of Winchester and Thomas Beaufort Duke of Exeter his Great Uncles Certainly no King of England ever excell'd King Henry the Fifth in all vertuous Qualifications nor was there any one whose death was so prejudicial to the Kingdom He was adorn'd with all the Accomplishments both of Body and Mind that could be desir'd in a Prince with Prudence Courage Constancy Modesty Bounty Eloquence Beauty and Strength all which being attended with a singular good Fortune procur'd him a wonderful esteem amongst Foreigners and are celebrated as well by the French Writers as by those of our own Nation The Duke of Glocester that he might settle the Affairs of the Kingdom according to the Injunctions of his Brother King Henry call'd a Parliament at Westminster on the 9 th of November and first of all he commanded the Archbishop of Canterbury to declare to both Houses the cause of their meeting for Thomas Bishop of Durham upon the death of the King had resign'd the Seal and other marks of the Chancellorship to which this Office belongs to the Duke of Glocester at Windsor and had laid down the Place The Archbishop having spoken largely in praise of the Vertues of King Henry the Fifth and made honourable mention of his Actions in France came to speak of the Young King and affirm'd that it was by the special favour of Almighty God that a Son of such promising hopes should succeed so great a Father that his very Title of the Sixth was attended with a lucky Omen for as the number Six was the most compleat of all the rest because in so many days God Almighty had made this vast Fabrick of the World so this King Henry the Sixth of that Name would be the greatest of all his Predecessors that he would compleat what his Father had so prosperously begun in France and that as he was descended both from the Kings of England and France so he would at length enjoy both those Crowns which were devolv'd to him by lawful Inheritance That he in the King's Name did declare to the Peers and all the People that they should enjoy all the Privileges and Immunities granted to them by his Highness's Predecessors and that he was commanded to give them three Reasons for calling this Parliament Which were That Governors might be assign'd the King by a publick Act that they might consult about the Peace of the Realm and the Administration of Justice and that they might provide for the defence of the Kingdom against the Insults of Foreign Enemies Lastly He exhorted them by the Example of Jethro Moses's Father-in-law to make choice of the best and wisest of the Nobility to take upon them the government of the King and Kingdom and besought them that they would use their utmost endeavours for the safety of the King and the benefit of their Country When the Archbishop had done speaking the Protectorship was unanimously confirm'd to the Duke of Glocester and some of the most Eminent of the Bishops and Nobility were appointed to be of the Privy Council till the King should come of Age of which the Archbishop was nam'd first But he having lost his King and Patron who had advanc'd him to the highest Honors and who dearly lov'd him when the Parliament was dissolv d retir'd within the Bounds of his Province in which he perform'd the Duties of his Function with great diligence For the Year after the death of Henry the Fifth by his Metropolitical Authority he visited the Diocesses of Chichester and Salisbury and the next year that of Lincoln in which Visitations he revers d all those things that had been acted amiss by the Ordinaries and examin'd into the Faith and Manners of the People In his journy through the Diocess of Lincoln he came to Higham Ferrers the Town where he was born in which out of a pious and commendable design of adorning the Place of his Nativity he dedicated a Noble College which he had formerly begun there to the Honour of
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
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
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
not to be restrain'd by a new Pope 85 And that on the Pope's death a new Election belongs to the Council Ib. Yet during that of Trent the Cardinals chose Paul the Third Ib. That of Constance gave order about t h M due by England to Rome 86 The Election of Pope Martin was mightily liked Ib. London Synod grants the King two Tenths 87 By a Decree therein Students of both Universities were provided for Ib. Which was opposed and laid aside 89 Pope Martin at pleasure fill'd the Episcopal Sees in England Ib. Whose Clergy were quiet during the Council of Constance Ib. Martin first claim'd an universal Right of Presentation 90 In two years made thirteen Bishops in the See of Canterbury Ib. His Appropriations censur'd Ib. The English neglected in the Grants of the Roman Dignities 91 Martin afterwards agreed to some redress Ib. In uniting Parishes Ib. And for a power to Bishops therein Ib. For avoiding the Unions made in time of the Schism Ib. For recalling Dispensations for nonresidence Ib. For lessening the Number of Cardinals and for their equal promotion Ib. The King required that Pope not to meddle with his Presentations 92 That no French be preferred in Aquitain c. Ib. That Irish Livings be given to those that understand English Ib. That the Bishops there promote the English Speech only Ib. That French be not preferr'd to Monasteries in England Ib. That the Pope supply the King with some of the English Mony Ib. The Pope not answering favourably 't was declared the King would take his course 93 The French and Germans declare against the Pope's Provisions Ib. The former revived the Laws to restrain him Ib. That if he were refractory they 'd disown him Ib. The Pope's Interdict of the Church of Lyons remov'd by the Parliament of Paris Ib. An Appeal from the King to the Pope High Treason Ib. The Oppress'd Germans not redress'd 94 The King besieges Roan the Capital City of Normandy Ib. Proposal of a Treaty betwixt England and France Ib. From our King were sent the Archbishop and Earl of Warwick 95 And Cardinal Ursini as Mediator from the Pope Ib. The Commissioners did not conclude Ib. Our King demanded a Million of Crowns Normandy Aquitain and Ponthieu Dowry with his Mistress Ib. The French straitned refused all Terms Ib. Roan holds out obstinately 96 Where 't is said an Apple was sold for 3 s. a Dog for 10 S. Ib. The Citizens helpless their King being Lunatick and the Kingdom in a Civil War Ib. Upon suit made they surrenderd paying 365000 Crowns 97 Here the King setled his Exchequer and Courts for the Affair of Normandy Ib. Took Meudon and Pontoise by storm and others by surrender Ib Half a Tenth granted the King in a Synod where Walker a Priest convicted of Witchcraft for which he abjured and some of Wickliff's Followers recanted 98 99 Processions for the King's Success with whom the Duke of Burgundy made a private League who then had King Queen and Daughter of France in 's power 100 Our King at Troyes marries the said Daughter Catharine on agreement himself should be Regent and their Children succeed to the Crown of France Ib. These Conditions ratified the Archbishop goes to France to congratulate the King 100 101 Who goes against the Dauphin his only Enemy Ib. Took Montereau Ib. Melun surrender'd 102 The King returns to England Ib. Processions for four days Ib. Queen Catharine Crowned Ib. The Synod gives a Tenth on condition that it should be Felony to geld a Priest Ib. Moved to publish a late Decree with a Clause in favour of Monks and Priests Ib. Decreed a Bishop take only 12 s. for Institution and an Archdeacon for Induction 104 Pope Martin denied Money besides the Tenths c. in order to unite the two Churches of France and England Ib. The Archbishop recalls the Judges from the Conquests and commanded the French to obey their Ordinaries 105 The King hastens to France on his Brother's death Ib. His Son Henry born at Windsor Ib. The Queen recovered goes to France Ib. Pavia chosen by Pope Martin for a General Council according to that of Constance 106 A Provincial Synod at London Ib. Whence Delegates were designed Ib. But through Benedict the Thirteenth's Interest the Pavian Council is dissolved called to Siena and seven years after to Basil 107 H. Webb for preaching without Orders whipp'd in three principal Cities Ib. William Taylor 's honest Principles condemned as impious 108 King Henry the Fifth dies of a Fever at Bois de Vinciennes 109 For which his Father-in-law pining away died with grief within twenty days 110 The King's Body buried at Westminster Ib. His Brothers were left his Son Henry's Guardians Ib. Great loss of a King so vertuous so generally and princely qualified of singular good fortune and esteem thereupon Ib. Duke of Glocester calls a Parliament 111 The hopes the Archbishop conceived of young King Henry Ib. Three Reasons for calling the Parliament viz. to assign the King Governors and consult about the Peace and for the defence of the Realm 112 Jethro 's Advice Ib. The Duke of Glocester confirm'd Protector and the Archbishop named First of the Council 113 But he retired to his Function Ib. Founded a College at Higham Ferrers Ib. And a large Hospital 114 The Considerable Revenues of which were augmented by his Brothers Robert and William Ib. A Synod held by him at London Ib. The Dauphin crown'd King of France at Poictiers Ib. Whereupon preparation was made for War 115 The Regent of France and Duke of Burgundy oppose the Dauphin Ib. The former sent for Supplies from England Ib. The Bishop of Winchester moves for Money in the Synod Ib. Which now wants Henry the Fifth 116 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 Ib. Being also alledged that the power of granting Tenths was taken away Ib. The Bishop succeeded no better in the Lower House and so the Synod was adjourned 116 117 At the next Sessions half a Tenth was granted by the Higher House on condition the Proctors consented but refused by the Lower House Ib. The Synod dissolved Ib. At the next half a Tenth's given with much ado 118 Hoke and Drayton's Heresy and Russell denies personal Tythes to be Jure Divino 118 119 In his absence proclaimed an Heretick and prosecuted at Rome 119 120 Afterwards he abjured his Error in England 120 H. Beaufort Bishop of Winchester an open Enemy to the Lord Protector 121 Great Parties on each side appear in the Streets of London Ib. The Archbishop interposed Ib. They then laid down their Arms 122 The Bishop of Winchester accuses the Protector to the Duke of Bedford Ib. Who hastens into England Ib. Calls a Parliament Ib. Finds out the causes of the Quarrel and inclines them to the arbitration of the Archbishop and Duke of Exeter c. 123 Their Reconciliation confirm'd by the
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.