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servitude of thy people, nor let them go, without the special interposal of thy providence; without thy mighty power, and K. of Eng. thy stretched-out arm. For he does not only harass the living at a miserable rate, but stretches his authority to a new claim, and seizes the effects of the dead; and under the pretence of persons dying intestate, endeavours to make what they leave behind them his own. The English nobility, therefore, would do well to consider that as the French have formerly discovered their inclinations to make a conquest of this country; now it is to be feared these new encroachments of the court of Rome may give such ambitious neighbours a handle to succeed in their wishes; for by exhausting the treasure of the kingdom, and weakening the interest of the native clergy, the state must, by consequence, be in a worse condition to repel a foreign invasion. That therefore, thy misfortune, O daughter, may not be rivetted upon thee, and thou and thy priests consigned to perpetual slavery, it will be highly expedient that thy noble benefactors, the king, and great men of the realm, exert themselves for thy rescue; that they oppose the attempts, and check the pride and presumption of that man who is by no means thus enterprising for the service of God, but is altogether governed by secular views, by projects of aggrandizing his figure, and enriching his relations. It is to compass this point that he taxes the English so deeply, sets up unprecedented pretensions, and makes it his business to draw out all the money of the kingdom. For unless there is a speedy stop put to this mischief, the kingdom will probably be undone, and then the remedy will come too late. God Almighty take away the veil from that man's heart (meaning the pope), and give him a broken and contrite spirit, and make him understand the conduct of the true God; that by this guidance he may be delivered from the error of his own ways, and give over all his sinister and indefensible undertakings; and that the vine which the right hand of God has planted may spread and become fruitful; and let the words of God, spoken by the prophet Jeremiah, encourage you to oppose these beginnings of usurpation. The text runs thus:- Woe be unto the pastors that destroy and scatter the sheep of my pasture, saith the Lord; ye have scattered my flock, and driven them away; behold, I Jerem. 23.



will visit upon you the evil of your doings, saith the Lord. CHEL No man of this seed shall prosper, sitting upon the throne Abp. Cant. Jer. 22. 30.


of David, and ruling any more in Judah.' If these texts make no impression upon him; if these menaces will not frighten him from his unjustifiable projects, and bring him to restitution, let them then give him up for one hardened in impenitency, and sing the hundred and ninth psalm against him,—' Hold not thy tongue, O God of my praise,' &c."

Thus far this remonstrance: what effect it had is not reported but probably it might expedite the passing of the

De Vera
Regiæ Po-

testatis et


ticæ, &c. fol. provisions at Carlisle above mentioned.

88. et deinc.

After the recess of the parliament, the king was prevailed

Fox ex Ve

nico Albanensi.

The king dispenses in favour of

tusto Chro- on by the cardinal bishop of Sabin, to relax upon the point, and dispense, in some measure, with the late provisions at Carlisle. By the way, this cardinal was sent legate into England to finish the peace with France, and conclude the match between the prince of Wales and king Philip's ster. ad An. daughter. The king, therefore, having occasion for the

the pope. Westmin


pope's friendship, and, it may be, an over regard for his character, ordered the chancellor not to seal the writs to the sheriffs for the business above mentioned: he likewise granted Testa and Amaline, the pope's nuncios, their commissaries, and agents, a protection to travel through the Id. fol. 383. kingdom, for the dispatch of the pope's business.

Pat. 35. Ed,
I. M. 10.

And to gratify his holiness farther, he allowed his nuncios, as far as in him lay, to collect the first-fruits of vacant benefices, either with or without cure, for the term required by his holiness (that is, for three years); the prohibitions made in parliament to the contrary notwithstanding. Upon condition, however, that they did not collect any of the reveConventio- nues of the vacant monasteries for the pope's use. They nes, Literæ, &c. tom. 2. were likewise enjoined not to transport any of the money p. 1051. Pat. collected, in specie, but only remit it by bills of exchange. Upon this occasion, it may not be improper to say something concerning the import and original of first-fruits, or annates. By the term, we are to understand a year's revenue, or tax, upon the revenue of the first year of a vacant benefice. As to the time when this practice began, it is observed that, ever since the twelfth century, some bishops or abbots have, either by custom or particular privilege, received annates of the benefices belonging to their patronage

35. E. I. M. 19.

Annates, what, when first paid, and to whom.


or jurisdiction. Thus, in the year 1126, Peter, bishop of Beauvois, gave the canons regular of the church of St. K. of Eng. Quintin, the annates of all the prebends of his cathedral. The same grant was made in the same century to the canons regular of the abbey of St. Victor, by the bishop and chapter of Nôtre Dame at Paris. As to the payment of annates to the pope, we find, by the remonstrance at Carlisle, it was altogether new and unprecedented. But the court of Rome, which was almost always gaining upon the liberties of the Church, seldom gave over any project of interest. Thus pope John XXII. secured the annates of all vacant benefices for three years together, bishopricks and abbeys only excepted. This was going upon the precedent of Clement V. already mentioned. The successors of John improved this advantage into a standing claim, and likewise hooked the bishops and abbots into the common servitude: Platina reports, that Boniface IX. set this custom on foot, but then he was so favourable as not to charge the annates any deeper than half the revenue of the first year.

The payment of annates has been all along grudged to the pope, and was warmly contested in the council of Constance, n 14 14. Neither could the court of Rome carry their point there, because the delegates of the French nation stood stiffly against this exaction. The council of Basil, likewise held in 1431, forbade the payment of annates by a decree of the twelfth session: but then, at the same time, they ordered the pope should have a reasonable aid granted to put him in a condition to manage the affairs of the Church, and support the cardinals. The council of Bourges, in 1438, approved the decree of the synod of Basil against this payment: to which, we might add, its being forbidden and put down by several edicts of the French kings. As to Polydor. England; the encroachment of the court of Rome went on, ven: Re till the reign of Henry VIII. And even then, though the rum, 1. 8. person was changed, the burthen continued, and the Church Spondan. had only the liberty of paying her money to another hand. Contin. AnTo proceed.

Virg. de In

c. 2.

nal. Baron. La P. Alexandre Jaco

Robert Bruce, who had sometime since set up a title to bine Select. the kingdom of Scotland, and got himself crowned at Scone, Hist. Eccl. Spelman. fought Aymer de Valence, earl of Pembroke, and afterwards Glossar. the earl of Glocester, and defeated them both. King Ed




ward being informed of the progress of the Scottish revolt, CHEL ordered all that held by knight's service to march to the Abp. Cant. rendezvous of the army at Carlisle: when the forces were drawn down, the king moved with them toward Scotland; ter of king but his death quickly put an end to this expedition: for, at his first setting forward, he fell sick of a dysentery, and died at Bourgh-upon-Sands, upon the seventh of July: he reigned nast. ad An. thirty-four years and seven months, and lived sixty-eight.

The death and charac




He was a prince of an enterprising and military genius, and successful in what he undertook. He recovered the kingdom from Montfort's rebellion, in his father's time, as has been already observed: and when he came to the government himself, he made an entire conquest of the Welsh, retrieved Aquitaine from the king of France, overran Scotland, and obliged the Scots to acknowledge him sovereign of that kingdom: and notwithstanding he died so much advanced in years, his heat and vigour for the campaign held out to the last. And though conquest and military glory seemed to have had the ascendant over him, yet it must be said, his reign was very remarkable for polishing the administration, and refining upon the old laws. This point will be sufficiently clear to any one that peruses the Statute-book, where the reader may find a great many very serviceable acts passed in this reign.

p. 144. 143. Bishop

And, which must not be omitted, the legislature itself seems to have been thrown into somewhat of a new form. For this Brady's In- king, as the learned observe, was the first who made the troduction, commons a third estate, and gave them the privilege of voting in the passing of bills with the lords spiritual and State of the temporal. For, from the 49th Henry III. to the 18th Church, &c. Edward I., there were no parliamentary summonses sent to p. 212. the knights of counties. And as for the cities and boroughs, The knights of counties they were not made part of the legislative body, till the twenty-third of this reign. And in this first parliament, in part of the which they appeared, they acted separately from the county parliament. The bur- representatives, in pursuance of the powers given them by gesses, when first sumthe king's writ. In this distinct capacity they voted the moned to king a seventh, whereas the temporal lords and knights of parliament. Brady of the shires, granted no more than an eleventh. Boroughs, p. 25. 26. 33.

made a standing

This prince was twice married: by his first wife Eleanor, sister to Alphonso, king of Castile, he had four sons and


nine daughters: of his sons, none survived him excepting WARD I. Edward his successor. By his second queen, daughter to K. of Eng. king Philip the hardy, of France, he had issue Thomas de Brotherton, and Edmund of Woodstock; the first of whom was created earl of Norfolk, and the other, earl of Kent, in Sandford's the reign of king Edward II. He was buried in Westmin- Hist. Dugster abbey, near his father, king Henry III.


dale's Baronage. Westmonast. ibid.



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