domestic clerks. The rest of that day was spent about raising some foot to be sent against Rese king of Wales, and there was a certain number promised by every ecclesiastic, and lay person, for the king's assistance, which was written down; and so the Council was dissolved.-The king sent after him to Dover and other ports, but he lay still in the day time amongst his friends in several Monasteries, and travelled in the night, and it was from 15 days after the Feast of St. Michael until the 2nd of November, before he took ship at Sandwich (say most of the Historians) and landed at Graveling."

"Quadrilogus or the Quadripartite History doth not in all things agree with this relation of Thomas the Archbishop's Trial. And the reasons of the discord between the king and him. The chief whereof was, That several lewd irregular Clerks were accused of divers crimes, and one of Murther in the diocese of Salisbury, who was taken and delivered to the bishop thereof, the king's officers, and the kindred of the defunct, call for Justice. The priest denies the fact; which, not being proved by his Accusers, he was put upon Canonical purgation, in which he failed. The Bishop of the diocese, sent to the Archbishop to know the

ought to take courage, and by the virtue of the Holy Spirit to strive against the old Enemy, who endeavours, that he which stands may fall, and that he which hath fallen may not rise.' If we promised any injust things there, or confirmed them in the Word of Truth, you know, such unlawful stipulations do not oblige. "The Bishops return to the king in peace, being excused from judging the Archbishop; they sit apart from the Barons; nevertheless, the king exacts Judgment of the Earls and Barons concerning him. Evocantur quidam Vicecomites, & secundæ dignitatis Barones, antiqui dierum, ut addantur eis, & assint Judicio. Certain Sheriffs are called, and ancient Barons of a second Rank or Dignity, to be added to them, and to sit in Judgment, after a little while, Proceres ad Archiepiscopum redeunt. The noblemen return to the Archbishop, and the earl of Leicester pressing some of them to pronounce Sentence, who refused it; began to repeal the business of Clarendon very particufarly, as the Bishop of Chichester had done before. Quasi inde manifesta erat regia majestatis læsio, & promissionis in verbo veritatis ibi facta transgressio, as if he had been guilty of manifest Treason, or had broken his promise in cer bo veritatis there made, and bad the Arch-law in that case, who commanded he should bishop hear his Sentence.-But the Archbishop not willing to forbear any longer, said, What is it that ye will do? Come ye to judge me? ye ought not. Judicium est sententia lata post Contraversiam. Ego hodie nichil, dixi ut in Causa. Judgment is Sentence given after the Controversie or Tryal. I said nothing this day as to the Cause. I have been cited for no Cause except that of John, who tried it not with me, and therefore you cannot judge me. I am your father, ye are noblemen of the Court, of lay power, secular persons, I will not hear your Judgment.' The noblemen retired, and the Archbishop went his way to the Monastery of St. Andrews in Northampton, and Herbert and William Fitz-Stephan with him.

6

"The king hearing of his departure, caused proclamation to be made in the streets, That no man should give him, or any of his retinue ill language, or molest them any ways. After supper that night, he sent three Bishops to ask licence and safe conduct from the king for his departure, who told them they should have his Answer in the morning; but he fearing some ill from that delay, dare not stay.-This was the seventh day of his appearing in Court, and that night, he went away without Licence, only accompanied with two servants, without either clerk or knight. On the morrow, when his flight was known to the king and all the council, they considered what was needful to be done, and the Archbishop was permitted to enjoy all the revenues of the Church of Canterbury, because both sides had appealed. The king sent presently beyond sea to the pope, the archbishop of York, and four bishops, Gilbert of London, Hilary of Chichester, Bartholomew of Exeter, Roger of Worcester, and two earls, and two Barons with three of his

be deprived of his benefice, and all his life perform strict penance in a Monastery. And thus all debauched, infamous Clerks, by Decree of the Archbishop, confirmed by the sanction of Canons, were to be punished in his Province, and the Punishment to be greater or less according to the quantity of the crime, the degree and order of the person, and the manner and cause of perpetration.

"At the same time one Philip de Lydrois a Canon (of what Church it is not said) reproached the king's Justiciarie, for which he was not only exasperated against him, but the whole clergy. The Archbishop punished this Clerk, by causing him to be whipped with rods, and he was suspended from his benefice for some years. But this satisfied not the king, who was as zealous for the peace of his people, as the Archbishop was for the liberty of the clergy, who grew every day more dissolute all the kingdom over. For which cause, the king calls the Archbishop, Bishops and Clergy to London.-And having told them the cause of their being called together, and urgently pressed, that Clerks taken for, or accused of enormous crimes, might be left to his officers, and not have the protection of the Church. He most earnestly required, by advice of such as bad skill in both laws, That such Clerks might presently be degraded and delivered to the Court, whence some very learned men by reason of the king's favour did affirm, That they were not to be seut into exile, or thrust into a monasterie, by the Canon Law, but rather were to be delivered to the Court, that is, they were to be punished by Secular Judgment.

"The Archbishop with the Bishops of his province, having consulted their learned men, being much concerned for the Liberty of the

Clergy, answered to these things, clearly and probably, or perhaps by proof (luculenter satis & probabiliter respondet) according to the Canonical Institution of antient Fathers. And in the end of his Speech with much devotion, beseeched his royal clemency, That he would not under a new king Christ, and under a new law of Christ, introduce into a new and peculiar Lot of the Lord, contrary to the Decrees of the Antient Fathers, a new way of coercion into his own kingdom, and this he begged for the king's sake, and the quiet and stability of his kingdom, often humbly inculcating, that he neither could or would bear it.-But the king, not moved with his importunity, demanded more earnestly whether he and the Bishops would observe his royal laws and customs, adding that in his grandfather's time they were observed by the archbishops, bishops, chief men, and privileged persons, and that now they ought not to be set aside. The Archbishop, after Consultation with his brethren, answered they would observe them, salvo ordine suo; and the bishops being asked one by one, gave the same answer, only Hilary bishop of Chichester changed the phrase, saying, he would observe the king's customs or laws (bona fide) in good faith; the king was angry at the Answer, and reservation of the Archbishop and other Bishops, and departed from them.-Most of the Bishops desert the Archbishop, and he a long time persists in his denial, notwithstanding all the exhortations of them, and persuasions of the secular great men; yet at length he came to the king at Oxford, and promised to change those words (salvo ordine suo) saving his Order, which gave him so much trouble.

he sent his Answer and Excuse; for which cause, by the Judgment of all those Bishops and great men, all his movables were confiscated. This he said was a new form of Judgment, according to the new Canons, or Laws made at Clarendon, for it was never heard of before, that the Archbishop of Canterbury should be tried in the king's Court for any cause whatsoever, both in respect of the dignity of his church and person, and that because he was spiritual father of the king, and of all in the kingdom; but he complained more of his brethren and fellow-bishops, than he did of the Judgment, or the lay persons judging of him, &c. veruntamen multo magis quam de judicio, vel de proceribus judicantibus, de confratribus suis & coepiscopis querebatur, novam formam & ordinem judiciorum dictos invenisse ut Archipræsul à suis suffraganeis, aut pater à filiis judicetur.

"The king in the second day of this Council required 500l. of the Archbishop, which he said he had borrowed of him: the Archbishop affirmed the king gave him the money, which notwithstanding, when he could not prove it, was adjudged against him, and the king exacted caution, and the Archbishop making some delay, it was told him, he must either pay the money or go to prison. But some men seeing his friends and suffragans forsake him, voluntarily offered themselves as sureties for him, and five (not there named) became bound, every one in an hundred pounds.

"On the last day of the Council before he entered into the Court, the Bishops came to him astonished, and affrighted at the things they had heard, whence they did not openly for any enormity, but as it were by way of insinuation "Hereupon the king called the Bishops and artificially persuade him, That he should in all great men to Clarendon, where he exacted the things, even to what belonged to the Archpromises of the Archbishop and Bishops, and bishopric submit himself to the king's pleasure, by the persuasion of the bishop of Man and if he could so appease his wrath and indignaNorwich, and two of the greatest earls of the tion. Adding, That unless he did it, he would nation, and other great persons sent from the be accused of Perjury, and judged as a Trayking, he promised, bona fide, and in verbo veri- tor, because he had not observed his Oath of tatis, in good faith, and in the word of truth, Fealty or Fidelity he had sworn to the king, to observe the king's laws, leaving out the by which he was bound to maintain his terrene words, salvo ordine suo, and all the Bishops honor; nor had observed the king's customs did the like, and then those Royal Customs or laws, to which he had specially bound himwere drawn up in form, and caused to be writ-self by a new oath. He was not much dismayed, ten by the great men, and recognized by them. -In this Council the king requires the Archbishop and Bishops to confirm their acknowledgment of his laws, by putting thereunto their seals: the Archbishop repents him of his promise, and refuseth to do it, and resolved to go privately unto the Pope, which he attempted, and having been twice at sea, was both times driven back. This attempt much heightened the king's displeasure against him, and he caused him peremptorily to be cited, at a certain day to answer such things as should be objected against him. The king also by a strict Edict called together all the Bishops and great men of the kingdom to meet at Northampton, where the Archbishop appeared not in person, according to his Citation, though

that the world so frowned on him, but that which was to him most detestable above all things was, that he collected from the words of the bishops, that they were ready to judge him not only in civil, but also in criminal causes in a secular court. And therefore he forbad them all, by virtue of holy Obedience, and under peril of their Order, That they for the future should not be present in Court when his person was judged. And that they might not do it, he appealed to their Mother the Roman Church, the refuge of all oppressed. But notwithstanding what he said, all the bishops hastened to the court except two, London, and Winchester, who privately staid behind and comforted him.

“After this he went into the king's Chamber

carrying the Cross himself erected, expecting | declared him Guilty of perjury, and that for the king's coming: The Bishops dissuaded this, the future they were not to obey a perjured as an undecent posture, and would not that Archbishop. And therefore put themselves, he should have proceded after this manner. and what was theirs, under the Pope's protecThe king took notice of it, and by Out-Crie or tion, and appealed to his presence, and apProclamation made by an Herald, called toge- | pointed him a day to answer these matters. ther all the Bishops and great men, to whom he made a great and grievous complaint, that the Archbishop had in reproach of himself, and the kingdom or government, so entered the Court as a notable Traitor, and so insolently, as no Christian prince had ever seen or heard of the like behaviour. All were of the king's opinion, declaring him always a vain and proud man, and that such ignominy not only reflected upon the king and kingdom, but upon themselves also, and said it had worthily happened to him, who had made such a man the second person in the kingdom; to whom all were subject and none his equal. Therefore they all declared him a manifest Traitor, and to be punished accordingly, who had not according to his Oath observed terrene honor toward his prince, from whom he had received so many and so great advantages, but rather in this fact, had impressed upon the king and kingdom, a perpetual mark of Treason, sed potius in hoc fucto, & Regi & Regno perpetuam proditionis Muculum impressisset, (they are the Author's words) and therefore he ought to be punished as the king's perjured man, and Traitor, and this was the voice of them all, & propterea in eum tanquam in Regis perjurum, & proditorem animadvertendum, & super hoc clamor omnium invalescebat.

"The Bishops, by leave from the king, consulted apart, for they were either to incur his indignation, or with the great men, in a Criminal Cause, to condemn their Archbishop, which for the manifest violation of holy Sanctions or Canons, they dare not do. At length the matter was thus patch'd up by common council or contrivance of the Bishops; That they would appeal the Archbishop of perjury in the court of Rome, and bound themselves to the king in the word of truth, That they would use their utmost endeavour to depose him. Having thus obliged themselves to the king, they all went from him to the Archbishop, and Hilary bishop of Chichester, in the name, of the rest, told him, That he had been their Archbishop, and then they were bound to obey him. But because he had sworn fealty to the king, and did endeavour to destroy his laws and customs, especially such as belonged to bis terrene dignity and honor, therefore they

"The king and chief men, (without the Bishops) sitting in Judgment, Rege cum principibus (pontificibus substractis) sedente pro Tribunali, it was most certainly believed, the Archbishop would have been imprisoned, or somewhat worse have been done to him; for the king and all the great men that were present, judged him perjured and a traitor. And the Earls and Barons and much company went from the king to the Archbishop, of whom the chiefest person, Robert earl of Leicester, told him, he was to come and answer what was objected against him, as he had promised to do the day before, or he must hear his Sentence; he rising up said, 'Sentence! yea son Earl, bear you, when the Church of Canterbury was given to me, I asked what manner of person that would make me, and it was answered free and exempt from the King's Court. Et responsum est, liberum & quietum ab omni nexu Curiali me redderet. Free therefore and absolute as I am, I will not, nor am I bound to answer to those things from which I am exempt.' And then added, My son Earl, observe, by how much the soul is more worthy than the body, by so much the more I am to obey God than a terrene prince. But neither law nor reason, permits that children or sons should condenin or judge their fathers, and therefore I decline the sentence of the king, yourself, and others, as being to be judged under God alone, by the Pope.' Unde Regis et tuum et aliorum Judicium declino, sub Deo solo a Domino Papa judicundus. To whose presence I do, before you all, appeal, putting both the dignity and order of the Church of Canterbury, and my own, with all things belonging unto them, under God's protection and his. Nevertheless you my Brethren and fellow-Bishops, because you obey man rather than God, I call you to the Audience and Judgment of the Pope; and as from the enemies of the Catholic Church, by authority of the Apostolic See, I retire from hence. And so made his Escape, as hath been before related."

The severe and lasting evils to the King, the Archbishop, and the English nation, which followed these transactions, are circumstantially related in lord Lyttleton's History of the Reign of Henry 2.

2. Articles of Accusation against HUBERT DE BURGH, with the Answers of Master Laurence, clerk, of St. Albans, on behalf of Hubert de Burgh, earl of Kent, against whom our Lord the King had advanced certain very heavy Charges. 23 Hen. III. A. D. 1239. [Matth. Paris's Hist. 516, and Additamenta, 151. 1 Brady, Appendix, No. 152.]

WHEREAS, a day had been assigned to and management of the same, without any Hubert de Burgh, earl of Kent, on the eighth authority from his father the lord John the day after the day of St. John the Baptist, in king, and without the assent of the lord Gwalla, the 23rd year of his majesty's reign, to answer then legate, who, by the common consent and to our lord the king, what amends he should provision of the whole realm, after the death make to him for not having delivered him the of the Marshall, was first counsellor and chief money received for the marriage of Richard de administrator of the whole realm of Eng Clare, on the day by the said lord the king to land."-To this he made Answer, That certain him given, according to the Agreement be- persons were deputed to answer concerning the tween them made, or according to the judg-profits of the realm; to wit, the treasurer ment of his peers. And that our lord the king had required of him, that he should pay to him the said amends; and he had not done the same. The underwritten trespasses, together with those aforesaid, were, on the behalf of our lord the king, laid before him that he might make Answer thereunto. To which the said earl made answer, That, as to these matters, no day had been given to him. And farthermore he added that, on any reasonable day to be fixed, he would give satisfaction to his lord the king, or would abide by the judgment of his peers concerning the premises. And he prayed that the lord the king would set forth before him, in writing, the several Articles to which he is required to make Answer.

[Here seems to be some omission.]

As to this, the Earl answers, that he appeared on each of the days assigned to him by his lord the king, and in no respect sought delay; but always observed the day appointed unto him by the will of our lord the king. Whereby it appears to him, all the days assigned to him for appearance, after his being at Kenentone, should be taken as to his case to be as one day. And he is still ready to submit to the judgment of his peers, that neither he, nor any one on his behalf, ever interfered concerning the said marriage, after the oath which he made at Gloster, that he would not interfere in the same; nor doth he know, uor hath he ever known, any thing about the said marriage, other than by the mere information of the Countess, his wife, who informed him, that the said marriage was contracted at St. Edmund's, while the earl was at Mertone. And if this shall not be sufficient he will make further answer; and he is ready to do herein whatever his peers shall think fit. 1. The first Article is, "That his lord the king requires of him, An account of all the revenue of the kingdom, for the 14 years next following the death of king John, his father, from which time he took upon him the keeping

and chamberlains, wherefore, after the death of Eustace de Faucumberg, bishop of London, and treasurer, it was required, that his Account should be answered to, and it was answered to. Afterwards, an account of the whole profits of the realm was required from the bishop of Carlisle, as being receiver-general, and he accordingly sat down and gave the said Account.-Afterwards, an Account was required from Peter de Rivallis; but from the Justiciar an Account should never be required, because he is not the receiver of the profits of the realm. Whereby it appears, that he who receives nothing, is in nothing held answerable. And he says, that the lord king John committed to him the office of Justiciar at Runnengemede, in presence of the lord Stephen, archbishop of Canterbury, earl of Warren, earl de Ferrars, and other great men of the nation; and he continued Justiciar throughout the whole time of king John. But it happened, that the castle of Dover, at the time of the invasion of king Louis, was esteemed to be untenable. Into this castle he entered, when few were found who were willing so to do, unless he would place his own person there; and, during the continuance of that war, he was unable to leave that castle, or to execute the office of Justiciar.-But, king John dying in time of war, Marshall was appointed governor of the king, and of the kingdom, by the advice of Gwalla, then legate, and of the great men of the kingdom, who, at that time, were with our lord the king. And after the return of peace, the said Marshall remained governor of the king and kingdom, and the said Hubert Justiciar, without any opposition. And after the death of Marshall, by the advice of Gwalla, then legate, of Stephen, archbishop of Canter bury, of the bishops and great men of the land, he continued Justiciar without any opposition; and our lord the Pope always wrote to him as Justiciar, and so he was always esteemed by the church, and by the kingdom, as Justiciar con