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The pope, who was now retired from Rome to Anagni, pub- EDlished a bull of excommunication against the king of France, K. of Eng. and absolved his subjects from their allegiance: but the satisfaction of this revenge was but short: for Nogaret and Sciarra Colonni, marching to Anagni at the head of a body of men, attacked the castle whither the pope was withdrawn, took his holiness prisoner, and rifled his treasury. After he had been roughly treated by Nogaret and Colonni, he was set at liberty by the interest of the burghers of Anagni. Soon after his enlargement, he returned to Rome, and died (as it is thought) with melancholy, about five weeks after. He was succeeded by the cardinal bishop of Ostia, who took the name of Benedict XI.

To return to England. About this time, as sir Edward Ibid. p. 9. Coke reports, a subject brought in a bull of excommunication against another subject of this realm, and published it to the lord-treasurer of England: and this was, by the ancient common law of England, adjudged treason against the king, his crown, and dignity; for the which, the offender should have been drawn and hanged; but at the great instance of Coke's Rethe chancellor and treasurer, he was only banished the realm ports, part for ever.

5. fol. 12.

tution with

rectors and

About three years afterwards, archbishop Winchelsey Winchelpublished a constitution to secure the interest of rectors and sey's constivicars against the encroachments of other priests, residing reference to in the parish. For this purpose, there was an oath drawn vicars. up, which every such priest was obliged to take to the rector or vicar at his coming to settle in their parish. They were therefore to swear to submit to the rector or vicar, in licitis et canonicis mandatis. Item. That they would do no- A. D. 1305. thing prejudicial to the rights and privileges of the incumbent; that is, that they would not receive any oblations, obventions, trentals, mortuaries, or any other perquisites, belonging to the benefice.

Item. That they would not foment or encourage any disputes, animosities, or misunderstandings, between the parson and the parish; but endeavour to promote a good correspondence amongst them.

Item. They were to swear not to take any confessions in the parish, excepting in cases allowed by the canons.


SEY, Abp. Cant.

Spelman, Concil. vol. 2. p. 436.


Item. They were to swear to be present at matins and vespers, and other stated times for divine service, &c.

Conventiones, Literæ, &c. tom. 2. p. 979.

The saying mass for the souls of the deceased, being customary in these ages, occasioned a greater number of priests: insomuch that there were frequently several of this order residing in a parish, besides the incumbent or his curate; and therefore, to prevent interference, rivalry, and the consequent disturbances, this constitution was provided.

The king having lately defeated the Scots, and got over some other difficulties in his government, resolved to call his disaffected barons to an account, and particularly the archbishop of Canterbury.

When the king was embarking for his late expedition into Flanders, the barons pressed him for a new security of their liberties of Magna Charta, and the forest charter. The king looked upon the confirming these grants as a diminution to his prerogative, and signed the statute of confirmation very unwillingly, as appears by his complaint to the pope upon this occasion: Clement V., who expected to find his account by disentangling the king, made use of the his engage- plenitude of his power, and declared the king freed from his

The pope king from

absolves the

ments to

keep Magna engagements; and because the prelates had obliged them


selves by act of parliament, to publish an excommunication against those that broke the charters; to avoid the terror of this censure, the pope, in his bull to the bishop of Worcester, pronounced all such excommunications void, and of none effect. The pope declared farther, that in case the king had sworn to keep the charters above mentioned, yet since he had likewise sworn at his coronation to maintain the rights of the crown, it was reasonable a regard should be had to this first engagement; and therefore his holiness gave him a release from all promises prejudicial to his ancient prerogative.

The king's conscience being thus at ease, he ordered an enquiry to be made into the mutiny and misbehaviour of the barons. In this prosecution he began with the earl marshal, who being in no condition to deny the fact, cast himself upon the king's goodness, and had his pardon. The ster ad An. rest of the conspirators were likewise drawn to a confession, and deeply fined. At last, the king sends for the arch



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bishop, expostulated with him, as being at the head of the
malcontents, and laid high treason to his charge; particu- K. of Eng.
larly, that when the king was absent, upon the score of the The
The king
war with France, the archbishop entered into a consultation expostulates
with the earls and barons, to depose his highness, to im- archbishop,
prison him for life, and set up his son Edward in his and charges

with the

him with

high trea



The archbishop being reproached by the king for this perfidiousness, offered nothing in his justification. It seems that either his courage or his conscience failed him. If he was Godwin in innocent, as bishop Godwin seems rather to believe, he was Winchelcertainly defective in point of resolution: for he threw him- The archself at the king's feet, wept, and entreated his pardon; and bishop is dispirited, which was still more remarkable, he offered the king his and makes no defence. pall, and cast his life and fortune upon his mercy. The Walsingking told him, notwithstanding his crimes deserved it, he ham, p. 91. should not prosecute him himself, but leave him to the correction of his own order: "that you may not pretend," says he, "yourself overborne by the partiality of my courts, I shall refer the cause to your fellow bishops and the pope, to whom you seem willing to make your appeal." The king told him farther, that he had found him disaffected to his interest through the whole course of his administration; that he had endeavoured to cross his inclination, and tire his patience, upon all occasions whatsoever. "How often," says the king, "have I desired you to treat my clerks gently, and not disturb them in your provincial visitations? But you, without any regard to such condescending applications, or the authority of your prince, have turned them out of their benefices, without allowing them so much as the liberty of an appeal."

The archbishop was so overset with this reprimand, that he is said to have begged the king's blessing. The king Antiquit. replied, he forgot his character, and that it was more proper Britan. in for himself to receive the blessing from the archbishop, than to give it in short, the king finding the archbishop so pusillanimous in his behaviour, was the more confirmed in his suspicions, and complained to the pope against him.


This pope had given the king and the an invitation to his coronation at Lyons.


prince of Wales The king

The king made makes the

pope a rich present.



SEY, gold plate for his chamber and table.

Abp. Cant.

his holiness an excuse; but withal sent him a present of

nast. ad An.

To return to the archbishop, who, upon the king's comWestmo- plaint, was summoned by the pope to appear before him 1305. Con- and make his defence. It seems Winchelsey did not set ventiones, forward on his voyage with that expedition which was expected; upon which, his revenues were seized, and himself A. D. 1306. outlawed. And now, being reduced to extreme necessity,

tom. 2. p. 966.

he lay concealed for some time with the monks of Canterbury; who, for their charity to the archbishop, were ejectThe arched the monastery, had their manors seized to the king's bishop banished by use, and were forced to beg about the country: but Winthe king, chelsey being banished soon after, the king was reconciled Angl. Sacr. pars 1. p. 14. to the monks, and restored them their effects.

et deinc.

p. 16.

and sus

the pope.

When the archbishop came to the pope, he found his hopended by liness strongly prepossessed against him. Birchinton reports that the archbishop was suspended from the administration both of spirituals and temporals, till he could purge himself. This the historian reckons hard usage, that a prelate should be barred the powers of his character, and the benefit of his fortune, before any crimes were proved against him.

It is to be feared, the late present from the king might dispose the pope to an over-complaisance: besides, by this suspension, the pope got the archbishoprick of Canterbury into his own custody, and put the sequestration into the hands of his nuncios, William de Testa, and Peter Amaline.

Britan. p.


It seems, the court displeasure ran high against Winchelsey for when Woodlock, bishop of Winchester, interceded for him, and called him his lord, the king resented the respect of the style so far, as to put this prelate out of his protection, and seize his temporalities: declaring he would not endure any other person but himself to be owned as lord in his dominions; especially not such a one as was apparently guilty of treason, and had forfeited the pri vilege of a subject.


These men called John Salmon, bishop of Norwich, to an account for receiving the first-fruits, or the revenues of the first-fruits void livings in his diocese. Pandulphus, who was bishop

The bishops of Norwich take the


diocese. of this see, and had formerly been the pope's legate, began

this custom. At his coming to Norwich, he pretended his


see was much in debt, and procured a grant of the pope to EDdisengage himself, by taking the advantage above mentioned. K. of Eng. But when his successors insisted upon the same privilege, they were opposed by the archbishops of Canterbury: notwithstanding, they sometimes made use of part of the same liberty themselves. However, Pecham, and the present archbishop, would by no means relieve their fortune by such expedients.

Hist. Ec-

13. Sac.

cap. 15.

But notwithstanding the sequestration of the archbishop- cles. Angl. rick was committed to these nuncios, the king kept possession of the revenues: this appears by his letter to the pope, in which he declares himself so far dissatisfied with the archbishop's conduct, that in case his suspension was taken off by his holiness, he should be obliged to refuse hin the restitution of his temporalities.

Conventiones, Literæ,

However, in the meantime, the pope was not willing to &c. tom. 2. drop the profits of the sequestration, and therefore ac- P. 1002. quainted the king that his seizure of the revenues of the archbishoprick was a violation of the canons, and that he could by no means consent to it. The king, not willing to The king break with the pope, sent him word, that notwithstanding profits of the yields the the archbishop's temporalities were forfeited to the crown, archbishopduring his suspension, and that it was lawful for him to dis- pope during pose of them as he thought fit; yet out of a particular re- sey's susgard to his holiness, he was willing the issues and profits pension. should be all paid into the hands of the pope's agent, and that the escheater or guardian of the temporalities should be obliged to give in a fair account of what he had received.

rick to the


Ibid. p. 1020.

The next year, which was the last of this king's reign, there Westm. ad was a parliament held at Carlisle upon the twentieth of An. 1307. January. And since the main business of this session relates to the Church, I shall give some account of it.

One main branch of the business of this parliament, was The exactions of the to prevent the oppression of monasteries by foreign supe- court of riors. It seems, the superiors of the orders of the Benedic- Rome complained of tines, Cistercians, Cluniacks, Premonstratenses, and Augus- at the parliament of tinians, used to draw contributions under pretence of a visit Carlisle. from their respective houses and fraternities in England: these heads of orders, I say, whether generals, provincials, or abbots, used to tax the houses under their jurisdiction,

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