ROYAL PROCEDURE AGAINST A BISHOP[22] (1087).

=Source.=--Simeon of Durham, _De injusta vexatione Willelmi episcopi

primi_, ed. Arnold, vol. i., p. 171. (Rolls Series.)

King William the younger disseised[23] the bishop of Durham of his

own lands and the lands of his church on 4 March, and caused his men

and all his goods to be taken, wherever he could; he also ordered the

bishop to be taken, and laid many snares for him; but by God’s will

the bishop escaped them, and coming to Durham, sent his messenger to

the king with the following letter on the very day on which he entered

Durham:

“To his lord, William, king of the English, William bishop of Durham,

greeting and loyal service. Know, my lord, that your men of York and

Lincoln detain my men under arrest, and have seized my lands, and

would have taken me also, if they could; and they say that they have

done all these things at your command. I request you, therefore, as my

lord, to cause my men and my lands to be restored with my chattels to

me, as your liege man, whom you have never appealed[24] of any crime,

and who has never stood on his defence before you. If you will appeal

me hereafter of any crime, I am ready to justify myself before you in

your court at a convenient term, on receipt of a safe conduct. But I

earnestly beg you not to treat me so basely and dishonourably, nor to

disseise me unjustly, upon the advice of my enemies. For it is not

every man who may judge bishops, and for my part, saving always my

order, I undertake to offer you complete satisfaction; and if at the

present you desire to have my service or the service of my men, I offer

you the same at your pleasure.”

The king, however, on receiving and hearing the bishop’s letter, gave

the bishop’s lands to his barons before the eyes of the messenger whom

the bishop had sent, and again commanded the bishop to come to him, on

the condition that if he should refuse to abide by the king’s will, he

might return safely to Durham. But when the bishop, on hearing this

answer, was ready to go to the king, he sent first to the sheriff of

York, asking for a safe journey to the king’s presence. But Ralph

Paynel, who was then sheriff, refused a conduct not only to the bishop

but to all his messengers and men desiring to go to the king; he even

seized the bishop’s monk who was returning from the king, and killed

his horse, permitting him, however, to go on his way thereafter.

Furthermore, on the king’s behalf, he commanded all the king’s men to

do harm to the bishop wheresoever and howsoever they could. So, when

the bishop was thus prevented from seeking the king either in person

or by messenger, and had endured the destruction and devastation of

his lands without any retaliation for seven weeks and more, the king

at length sent to him the abbot of St. Augustine’s, commanding him,

as he had before commanded, to come to his court with the abbot. The

bishop, however, fearing the snares of his enemies and the king’s

anger, answered that he could not come without a safe conduct, and sent

his messengers in the abbot’s company with a letter to the king to that

effect....

The king, on seeing this letter, sent the bishop a safe conduct, and

assured him by letter that no hurt should be done him by the king

himself or his men, until he should have left the king and reached

Durham once more. The bishop, therefore, went to the king, and prayed

to be put on his trial as a bishop. The king replied that he would

consent to a trial only if the bishop would plead in a lay court and

forego the safe conduct granted to him; if he should refuse so to

plead, he must go back to Durham. The bishop then asked the archbishop

of York and the bishops there present to advise him thereon. But the

bishops replied that the king had forbidden them to advise him. Then

the bishop pressed his archbishop to advise him, as a matter of

right, due to his church and to himself. The archbishop therefore made

request to the king thereon, but reported to the bishop that it was

impossible. So the bishop himself prayed the king to allow him the

advice of his archbishop and primate and the bishops, his peers, but

the king summarily refused. The bishop then offered to purge himself of

the charge of treason and disloyalty; the king, however, rejected the

offer, and the bishop returned to Durham. Meanwhile the king had seized

there more than 700 men and considerable booty.

Again therefore the bishop sent a letter to the king by one of his

monks.... The king replied by seizing and imprisoning the monk who

brought it, and sent his army against the bishop; and after the troops

had laid waste the bishop’s lands with fire and plunder, the barons

opened negotiations with the bishop, and both parties agreed to a

solemn covenant....

On the strength of this, the plea was respited on both sides until 10

November, and on that day the bishop came to Salisbury.... The bishop

rose in court and prayed the king to restore to him his bishopric,

which he had long ago taken from him without a judgment. The king

said nothing, but Lanfranc replied, “The king has taken away no part

of your bishopric, nor has any other man at his command, nor have you

seen his writ disseising you or commanding you to be disseised of your

bishopric.” The bishop rejoined, “No, but I have seen Ralph Paynel, and

I see him here; and he, by the king’s command, has disseised me of the

whole of my bishopric in Yorkshire....” Lanfranc replied, “The king

summons you to make your defence to him, and his barons have brought

you here to that end; yet you ask that he first make his defence to

you! First defend yourself, and then ask what you are now asking.” The

bishop said in answer, “My lord archbishop, do you say that by way of

advice or by way of judgment?” “By way of advice, of course,” said he,

“but if the king will listen to me, he will make a judgment of it soon

enough.” At these words of Lanfranc, the primate of all England, the

lay barons were aroused and cried out against the bishop, asserting

that it was contrary to right that the king should answer the bishop

before the latter had justified himself to the king.

The lay barons gave utterance to this and many other statements, with

much repetition, but when silence was restored, the bishop said, “My

lords, barons and laymen, allow me, I beg you, to say what I have to

say to the king, and to make my answer to the archbishops and bishops.

I have nothing to say to you, and since I have not come here to receive

your judgment, I reject it altogether; even if it had pleased our

lord the king and the archbishops and bishops that you should meddle

with this matter, it would not have befitted me to submit to such an

indignity.” The king then said, “I trusted that the bishop would first

answer me touching the charges I make against him; I am astonished

that he asks for anything else.” Thereupon earl Alan and earl Roger

said, “We have brought the bishop to justify himself to the king.” To

which the bishop replied, “Robbed as I am, I am ready to answer, if I

be tried canonically, for I will not go one step beyond the law of my

order in this suit.” Roger Bigot then said to the king, “You should

tell the bishop whereof you appeal him, and afterward, if he refuse

to answer to us, cause him to be judged touching his answer; if not,

do thereon what your barons advise you.” The bishop rejoined, “I have

just said, and I say again, that I reject altogether the judgment

of laymen, and anything that contravenes the canons. I accept no

accusation, unless I be first invested with my bishopric, or unless

it be awarded by a canonical judgment that I must be charged and make

answer and be judged before such investiture.” Then Hugh de Beaumont

rose by the king’s command and said to the bishop, “The king appeals

you of this, that when he learned that his enemies were rising against

him, and his men, to wit, the bishop of Bayeux and earl Roger and many

others, were attempting to deprive him of his realm and crown, and he,

by your advice, rode against them, he summoned you, in my presence, to

ride with him, and you answered that you would willingly go with the

seven knights whom you had there, and would send to your castle for

more with all speed; and afterwards you fled from his court without

his licence, taking with you some men of his household, and so failed

him in his necessity. And now it is his will that you do thereon to

him what his court shall award, and if need be, he will appeal you

afterwards of more offences.” The bishop, however, replied to him,

“Hugh, say what you like, but you I will not answer today....” Hugh de

Beaumont rejoined, “If I today fail to judge you and your order, you

or your order shall never judge me again....” The bishop went out with

his men, and on his return, Thomas, archbishop of York, said to him,

“My lord bishop, our lord archbishop and the king’s court awards that

you do right to the king before he reinvest you with your fee....” The

bishop said, “The judgment here given I reject, because it contravenes

the canons and our law ... and since I am conscious that through the

king’s hatred you are all against me, I appeal to the apostolic see,

the holy church of Rome, to St. Peter and his vicar....” Thereupon

archbishop Lanfranc replied, “We are not judging you touching your

bishopric, but touching your fee, and in the same way we judged the

bishop of Bayeux before this king’s father, touching his fee; in that

suit the king did not summon him as a bishop, but as his brother and as

an earl.” The bishop answered, “My lord archbishop, I have not said a

word today about a fee, nor have I said that I had a fee; I complained,

and I complain still, of the disseisin of my bishopric.” The archbishop

rejoined, “I may not have heard you speak of a fee, but I know you had

a great fee, and we have judged you thereon.” The bishop replied, “My

lord archbishop, I gather now that you have ignored all that I have

said, and judge me out of your own knowledge; but though by God’s grace

you are exceeding wise and of great reputation, I perceive that in

this your wisdom is so high that my humble intelligence cannot grasp

it; but I wish to go to the apostolic see, to which of necessity I

have appealed, by licence of the king and you.” “Leave us,” said the

archbishop, “and the king, after taking counsel, will announce to you

his will.” When the bishop had left the room and had been summoned

back, Hugh de Beaumont rose and said to him, “My lord bishop, the

king’s court and these barons adjudge as just, that since you refuse

to answer touching the charge whereon the king through me has appealed

you, but cite him on his plea to Rome, you thereby forfeit your fee.”

THE ILLNESS OF WILLIAM RUFUS, AND THE APPOINTMENT OF ANSELM AS

ARCHBISHOP OF CANTERBURY (1093).

=Source.=--Eadmer, _Historia Novorum in Anglia_, ed. Rule, p. 30.

(Rolls Series.)

One day one of the chief men of the realm, a favourite of the

king, happened to say to him among other things in the course of

conversation: “We have never known a man of holiness so great, we

honestly believe, as Anselm abbot of Bec; he loves nothing beside

God, and, as the whole of his work makes manifest, he covets nothing

transitory.” The king rejoined with a sneer, “No, not even the

archbishopric of Canterbury.” The other replied, “No, not even that

has a very great attraction for him, in the opinion of myself and many

others.” Whereupon the king swore that the abbot would rush to accept

it with open arms, if he had the slightest hope of attaining to it,

and added, “But, by the Holy Cross of Lucca,” as he was accustomed

to swear, “neither he nor any other shall be archbishop at present,

except myself.” He had scarcely spoken when he was seized by illness

and took to his bed, growing daily worse until he was at the point

of death. Why continue? All the chief men of the whole realm came

together, bishops, abbots and all the nobles, looking for nothing but

his death. The sick man was urged to take thought for the salvation of

his soul, to open the prisons, to set free the prisoners, to unloose

the bound, to pardon debts, to restore to liberty the churches still

in bondage under his lordship, by setting pastors over them, and above

all the church of Canterbury, “the oppression whereof,” they said,

“lays a hateful burden upon the whole church of Christ in England.”

Anselm at this time, in ignorance of this event, was staying in a town

not far from Gloucester, where the king lay sick. He was commanded,

therefore, to come to the king with all speed and by his presence

to comfort and strengthen him on his deathbed. Hearing such news he

made haste to come, and on his arrival came to the king, who asked

him what he deemed the most wholesome counsel for a dying man; the

abbot asked to be first informed what counsel had been given to the

sick prince by those around him before his own coming. He heard and

approved, adding: “It is written, ‘Begin by confession to the Lord’;

wherefore it seems to me that he should first make a good confession

of all that he knows himself to have done against God, and should

promise without insincerity to amend all if he recover, and then should

order to be performed without delay what you have advised him.” This

precise counsel was approved, and the task of hearing the confession

enjoined upon the abbot. The king was informed what Anselm had urged

as the best means for the saving of his soul, and straightway he

acquiesced and with a contrite heart promised to do everything which

the abbot’s judgment decided, and to conduct the whole of his life in

gentleness and justice. To this he pledged his faith, and made his

bishops sureties between him and God, sending one of them in his stead

to make this his vow to God upon the altar. The order was written and

confirmed by the royal seal, that all prisoners in the whole of his

dominion should be released, all debts irrevocably cancelled, and all

offences committed hitherto consigned to everlasting oblivion. Moreover

righteous and holy laws were promised to all people, the inviolable

observance of justice, and a weighty and deterrent trial of abuses.

All men rejoiced and God was blessed herein, and urgent prayers were

offered for the salvation of so good and great a king.

Thereupon all good men entreated the king to release from her long

widowhood the common mother of the whole realm by instituting a pastor

thereto. He willingly consented and admitted that he had changed his

mind. The question, therefore, was asked, who was most worthy to

enjoy this honour, and while all were hanging on the king’s decision,

he himself announced, amid the unanimous acclamation of all, that

abbot Anselm was worthiest thereof. Anselm was alarmed at his words

and grew pale; and when he was forced to approach the king to receive

investiture of the archbishopric from his hand by the pastoral staff,

he resisted with the whole of his strength, and declared that for many

reasons it was altogether impossible.... He said: “I am the abbot

of a monastery of another realm, having an archbishop to whom I owe

obedience, an earthly prince to whom I owe submission, and monks to

whom I owe the ministrations of counsel and assistance. To all these I

am so bound that I can neither abandon the monks without their consent,

nor loose myself from my prince’s lordship without his permission,

nor disown obedience to my bishop without peril to my soul unless he

absolve me.” The bishops rejoined, “That is a light matter, all will

readily consent.” He replied, “Not so; what you purpose can never

be.” Thereupon they dragged him to the sick king and set forth his

obstinacy. The king was distressed almost to tears ... but recognising

that the labour of all of them was in vain, he ordered them all to

fall on their knees at his feet, to see if by that means he could be

induced to consent. To what end? When they knelt, he knelt too before

them and would not alter his first decision. They were angry with

him, and blaming their own stupidity for the delay they had suffered

by listening to his objections, they cried out “The pastoral staff,

bring the pastoral staff hither.” Then, seizing his right hand, some

dragged, others pushed the struggling abbot, and gradually they

reached the sick man’s bedside. The king proffered him the staff,

but he closed his hand against it and wholly refused to take it. The

bishops struggled to unclasp his tightly clenched fingers, that the

staff might be thrust into his hand. But after they had wasted their

efforts for some time, and he groaned with the pain inflicted upon him,

at last his forefinger was raised but bent backwards, the staff was

laid against his closed hand and squeezed and held in it by the hands

of the bishops. The whole throng cried out, “Long live the bishop,”

the bishops and clergy lifted up their voices and began to sing “_Te

deum laudamus_,” and carried rather than led the bishop elect to

the nearest church, he resisting the while as well as he could, and

saying: “It is all void, it is all void.” After they had performed the

customary ritual in the church, Anselm was brought back to the king

and said to him, “I tell you, my lord king, that you will not die of

your illness, and I wish you to know this that you will be able to set

right what has now been done with me, for I have not consented and do

not consent to its ratification....” The king however ordered him to

be invested without delay and diminution with all things belonging

to the archbishopric within and without, and further that the city

of Canterbury, which Lanfranc in his time held of the king as a fee,

and the abbey of St. Albans, which not only Lanfranc but also his

predecessors are known to have held, should pass as an alodiary[25]

possession for ever to Christ Church, Canterbury, for the redemption

of his soul.... The king recovered, as Anselm had foretold, and soon

undid all the good that he had decreed in his illness, and ordered it

to be annulled. The prisoners who had not yet been released he ordered

to be kept more straitly than usual, those who had been released to

be retaken if possible, old debts now pardoned to be exacted in full,

pleas and offences to be recalled to their original standing, and to

be tried and decided by the judgment of men who were concerned rather

to subvert justice than to maintain and defend it, and interested

rather in oppressing the wretched and in spoiling men of their wealth

than in correcting any crime. Wherefore there grew throughout the

realm so vast a woe and so woeful a waste that he who remembers it, I

judge, remembers to have never seen the like in England. Indeed every

evil that the king had done before his illness seemed a good thing in

comparison with the evils he did after his return to health. And if

any man will know the source from which they flowed, they can judge

by his answer to the bishop of Rochester, when the latter in friendly

conversation warned him after his recovery that he should in all things

behave more circumspectly towards God: “Be sure, bishop,” he said, “by

the Holy Cross of Lucca, that God shall never have me good because of

the evil He has brought upon me.”

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