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absent, sent proxies and letters of excuse. At the opening MAUD, of the council, the legate made a speech to the purpose fol- the lowing:
"That having the honour to represent the pope, he had The legate's convened the English clergy to consult on some measures speech. for the benefit of the publick." From hence he proceeds to mention the happiness of his uncle king Henry's reign. That this prince, some few years before his death, obliged all the bishops and barons of England and Normandy to swear to the empress's succession, provided he should decease without issue male. That this happened to be the case when this prince died in Normandy. That the empress being out of England at her father's death, his brother Stephen was permitted to reign, to prevent disturbances in the kingdom. That himself (the legate) undertook for his good government; that he would treat holy Church with regard, support the serviceable part of the constitution, and repeal such laws as were oppressive. But, alas! he found himself extremely disappointed in his brother; that he was almost ashamed to report his administration, and how he connived at the license of ill men; insomuch that in a year's time, the advantages of government were quite lost, and peace, in a manner, banished from all parts of the kingdom. The bishops were imprisoned against law, and forced to part with their estates. Abbeys were set to sale, and churches plundered of the holy treasure. That good men were quite out of fashion at court, and everything overruled by evil counsellors. He proceeded to put them in mind how often he had remonstrated against these miscarriages, but without effect. That notwithstanding he was to preserve an affection for his brother, yet no regards of blood and relationship ought to be preferred to God Almighty's service. That now Providence had, as it were, given sentence against his brother, by suffering him to be defeated, and lose his liberty. Things standing thus, he thought it proper to convene them, to prevent the confusions of anarchy. He told them that yesterday he had treated privately with the majority of the clergy, who, by the constitution, had a principal share in the direction of this matter; and therefore, having addressed God for his blessing, he declared the empress, daughter of the illustrious king Henry, queen, engaged the allegiance of
THEO- the convention to her, and promised to stand by her with Abp. Cant. life and fortune.
vell. 1. 2. fol. 105.
Malmsb. ibid. fol. 106.
When this speech was ended, and all the audience had either shouted their assent, or, at least, forbore to give any signs of contradiction, the legate told them that he expected the Londoners in a few days, and had sent them a safe conduct for that purpose.
The London commissioners came according to expectation, and petitioned the council that king Stephen might be set at liberty; suggesting that all the barons who had entered into an association with their city earnestly desired that the legate, the archbishop, and all the clergy, would use their interest for that purpose. The legate repeated his speech to them by way of answer; adding withal," that it was by no means reputable for the Londoners, who made so considerable a figure in the commonwealth, to solicit for that party which had deserted their general, and advised his maladministration, and who pretended a regard to the Londoners for no other reason than to get into their pockets."
Before the recess of the council or convention, a certain Christian, a clergyman, who officiated in king Stephen's queen's court, clergyman. had the resolution to deliver a paper to the legate from that
princess, in which she entreated all the clergy, and particularly the legate, to move for the restoration of king Stephien, who had been barbarously used, and laid in irons by his own subjects. The legate, having looked over this paper by himself, told the council that the contents of it did not deserve to be communicated; upon which the court chaplain takes his paper, and reads it boldly to the audience; and when he had done, the legate silenced the motion with the same answer which he had given before to the
The empress, being thus recognised by the council, was received in her progress with great demonstrations of loyalty, and owned by all the kingdom, excepting the county of Kent. The legate for some time attended her, and made 18. fol. 225. part of her court; but it was not long before there happened
a misunderstanding between this prelate and the empress,
the legate desired the empress would make a grant of the MAUD, earldoms of Boulogne and Mortaigne, in Normandy, to his Empress. nephew Eustachius, son to the pretender king Stephen. Being refused in this request, he was so far disgusted as to absent himself from the court, and enter into a private intelligence with king Stephen's queen. In short, he changed The legate his side, and absolved all those he had excommunicated in the empress. the council for rebellion against the empress; he absolved them, I say, without so much as consulting the bishops upon the point. He likewise took care to spread a report, as if the empress designed to seize his person; that she had mismanaged her success, broken her word with the barons, and that, therefore, he looked upon himself as disengaged from his oath of allegiance.
The legate having thus far declared himself, the empress endeavoured to regain him to her interest. To this purpose, she took a journey from Oxford to Winchester, to discourse with him; but this prelate, being conscious of his misbehaviour, refused to attend her; upon which he was besieged in his castle. But the Londoners and disaffected barons drawing down a great force to his relief, she was obliged to break up the siege; and, which was still more unfortunate, the earl of Glocester, posting himself in the rear, to secure her majesty's retreat, was taken prisoner. At this siege of Malmsb. Winchester castle, king Stephen's party burnt two monas- vell. 1. 2. teries and forty parish churches in Winchester, together fol. 108. with the greatest part of that city. King Stephen's queen Continuat. treated the earl honourably, tempted him highly, and offered Wigorn. ad to make him first minister of state, provided he would dis- An. 1141. engage from the empress. To this the earl very generously Hist. Noreplied, that he was under the jurisdiction of another, and fol. 107. not at his own disposal; therefore, being tied by such preengagements of duty, he was in no condition to receive proposals of that nature. At last they moved for an exchange Ibid. fol. between him and king Stephen, which he would by no means consent to, till the empress pressed him to accept it. And since the other party insisted that king Stephen, in respect to his quality, might be first set at liberty, the earl, having no reason to rely on the honour of that prince, obliged the legate and archbishop to give him their oath, that in case king Stephen, upon his enlargement, should
vell. 1. 2.
Malmsb. ib. fol. 107.
THEO- break his articles, and keep him prisoner, they should both Abp. Cant. surrender themselves to the empress's party, to be secured
as the earl should think fit. He likewise, for his farther security, procured a paper, signed and sealed by the prelates above mentioned, and drawn up, by way of letter, to the pope, in which they informed his holiness of their engagements to the earl of Glocester; and in case the misfortune, to which they had made themselves liable, should come upon them, they entreated the pope to interpose his authority, that both themselves and the earl might be set at liberty.
A synod at
The legate, having succeeded thus far, summoned a council at Westminster, which met accordingly upon the A. D. 1141. octaves of St. Andrew's. Malmsbury, though not present at
this council, makes a report of what was transacted there. He informs us, that a letter from the pope was read in the synod, in which the legate was gently reprimanded for not soliciting for his brother's liberty; however, his holiness was willing to overlook what was past, provided he made his utmost effort to accomplish that business. King Stephen likewise came in person to the council and made a tragical complaint, that his subjects, to whom he had never refused anything that was reasonable, were so hardy as to make him their prisoner, and, what was more, had almost destroyed him with the barbarity of their usage. After this, the legate made a very rhetorical harangue to justify his late compliHe endeavoured to purge himself to his brother, by alleging, that his transactions with the empress were altohimself to gether involuntary; that he was surprised by the speedy march of her army, and forced to a conditional submission; that this princess had since broken all her articles with the Church; and, as he was credibly informed, had encouraged an attempt upon his life; but that God in his mercy had preserved him, and disappointed her designs. He therefore commands them, in the name of God and the pope, to give the king their utmost assistance, and to excommunicate those who disturbed the publick peace and adhered to the countess of Anjou (for so the empress was now styled); however, he was so civil as to except her person from this Church
The legate endeavours to purge
Malmsb. ibid. fol. 108.
This speech, though not relished by all the clergy, yet
either fear or regard to the legate's person restrained them MAUD, from contradiction. However, there was an agent of the Empress. empress's, who charged the legate, on his allegiance sworn to his mistress, not to determine anything in the synod press's against the honour and interest of her majesty; that he agent challenges the ought to recollect the solemn engagements he was under legate upon his alleginot to assist his brother Stephen to the prejudice of the ance. empress, nor ever furnish him with any supplies above twenty horse; that the legate had written several letters to the empress, to invite her into England; that the taking king Stephen prisoner, and keeping him under durance, was done by his connivance.
The agent delivered this, and much more to the same purpose, with great plain dealing and expostulation. But the legate, being a man of temper, and resolved to pursue Malmsb. his new measures, neither concerned himself about a reply, vell. 1. 2. nor took any notice of the provocation.
This year, or it may be the last, Geoffrey, surnamed Rufus, who was first chancellor of England, and afterwards Angl. Sacr. bishop of Durham, departed this life, and was succeeded by pars 1. p. 709, 712. William de St. Barbara, about three years after.
The next remarkable occurrence in the history of the 337. Church is the council at London; it was convened by the 4 council at London. legate, bishop of Winchester, who presided in it. This Huntingt. synod was called to give a check to the sacrilege and bar- Histor. 1. 8. barities of the war. To this purpose there was a canon Hist. Angl. passed, that whosoever violated the privileges of a church or Kubrigens. churchyard, or seized the person of a clergyman or monk, 1. 1. should be excommunicated, ipso facto, and not receive absolution from any prelate, excepting the pope. It was like- A. D. 1143. wise ordained, that the husbandman and plough should be under the same protection in the field as is enjoyed by those who retire into a churchyard. A husbandman's being thus protected from the outrages of the war was part of the privilege of the Truce of God mentioned in the late council at Rome. This truce, notwithstanding the heat of the contest between the empress and Stephen, was strictly observed. Thus Malmsbury informs us that the holy seasons of Advent and Lent brought a cessation of arms, and made the troops retire into their quarters. Thus the force of religion gave an intermission to the miseries of the war, sheathed