YALE UNIVERSITY LIBRARY TWYSDEN'S HISTORICAL VINDICATION, CAMBRIDGE: 184 7. Remember the days of old, consider the years of many generations : ask thy father, and he will shew thee ; thy elders, and they will tell thee. — Deut. xxxii. 7* Ask for the old paths, where is the good way, and walk therein, and ye shall find rest for your souls. — Jer. ti. 16. AN HISTORICAL VINDICATION OF THE CHURCH OF ENGLANI IN POINT OF SCHISM, AS IT STANDS SEPARATED FROM THE ROMAN, AND WAS REFORMED I" ELIZABETH. lEttteO for tt)£ a>Bn&«<:s of tl)f WinibmitTo l^xtm, CAMBRIDGE: M.DCCC.XLVII. JOHN W. PARKER, LONDON. Sir Roger Twysden, the Author of the following Trea tise, was the eldest son of William Twysden, Esq. of Roy- den HaU, in the parish of East Peckham, Kent, — a person of considerable learning, who was advanced to the dignity of a Baronet by King James I. Sir Roger was born in 1597, and inherited his father's studious habits and love of literature, as well as his estates, and a library richly stored with books and manuscripts. It was, however, to the his tory and antiquities of the civil and religious institutions of England that Sir Roger's reading was more especially directed, and of those subjects his knowledge was unusually extensive and accurate. His steady adherence to the for tunes of his sovereign, Charles I., seems to have brought down upon him the displeasure of the republican party, so that he suffered a long imprisonment, had his estate sequestered, and was permitted to return to his dilapidated possessions only on paying a large pecuniary fine. On recovering his liberty. Sir Roger lived in retirement, and occupied himself chiefly in study. The "Historical Vindication of the Church of England," is one of the results of his learned leisure, and was put forth in conse quence of the publication of " A Treatise of the Schism of England," the ostensible author of which was Mr Philip Scot, a gentleman of academical education, who had turned Papist. The first edition of Sir Roger's " Historical Vin dication," appeared in 1657, and a second edition in 1675, about three years after the death of the author. The pre sent edition is in many respects a new work, containing as it does some corrections and much additional matter, which have been derived from Sir Roger Twysden's fur ther researches, as recorded in his own hand-writing in the text and on the margin of a copy of the edition of 1657, ( vi ) now in the Library of the British Museum. The addi tional facts supplied by the Author from history, and such changes in the wording of the text as he contemplated, have been introduced into the work, correspondently to the indications of Sir Roger's intentions. As a general rule there has been no diificulty in ascertaining the places to which he would have each portion of the new matter assigned, either in the text or in the notes, with the exception of the notes in pp. 43 — 46. The notes there inserted occur as detached matter in Sir Roger's copy of the book, and therefore occupy their present position on the responsibility of the Editor. It remains to state that all additional matter found between open brackets [ J is due to the learning of the Author ; and that the matter enclosed between com mon brackets [ ] has been mainly supplied by the re searches of the Rev. C. Hardwick, Fellow of St Catharine's Hall, Cambridge. The Editor is also indebted to the kindness of Mr Hardwick, for transcribing those correc tions and additions which the Author left in manuscript, and for verifying the authorities referred to. The figures that will be found in the margin, indicate the paging which is common to the two former editions of this work. G. E. CORRIE. Cambripge, Dec. 12, 184(i. [^The edition of any work which is but seldom quoted, is usually specified when references to that work occur : of the following authorities, from which quotations are more frequent, the editions are here given once for all. .SImylius Paulus, de Rebus Gestis Francorum . . Basil. 1601 Ailredus, de Vita et MiracuKs Edward. Confessor, inter Scriptores X Lond. 1662 Ambrosius S., Opp Ed. Benedict. Paris. 1686 Archaionomia, seu de priscis Anglorum Legibus, Ed. Wheloc. Cantab. 1644 Athanasius S., Opp. . . .... Paris. 1627 Augustinvis S., Opp Basil. 1529 Chr( inter Baronius, Annal. Eccles. . Beda, Hist. Eccl. . Bellarminus, Disputationes . Bernardus S., Opp. Blesensis Pet., Opp. Bonifacii VIII. (Liber Sextus) Decretal, Bromton Johan. Abbas Jorvalensis, Scriptores X. . Bullarium (Magnum Romanum) . Camden. Annales Elizabeth. . Caxton's Chronicle Cestrensis (Ranulph.) Polychronicon, XV dementis V. Constitutiones . Codex Justiniani Codex Legum Antiquarum . Codex Theodosianus fPart I. Coke's Institutes, jp ^ ttj Concilia Contarenus, (Caspar.) Opp. . Corpus Juris Canonici . Diceto (Radulph. de) inter Scriptores X. Dunelmensis (Simeon.) inter Scriptores X. Eadmerus, Hist. Novorum Eusebius, de Vita Constantini Eusebius, Hist. Eccl F.^nnpi-ipiis- Divectorium Inauisitorum . Moguntise, 1601—1608 Ed. Smith, Cantab. 1722 inter Colon.Colon. Paris. Taurini,Lond. 16281620 16671620 1662 Luxemburg. 1727 Lugdun. Batav. . Ed. Scriptores Ed. Gothofred. Lugduni, 1665 Oxon. Taurini,Basil.Francofurt. 1625 1482 1691 162015161613 Lond. Ed. Labb. et Cossart. 1671; . Venet. . Paris. . Lond. . Lond. Ed. Selden. Lond. . Paris. Ed. Burton-, Oxon. . Venet. 16291669 et seqq. 15781687 165216621623 16781838 1607 Florentius Wisomensis, Chronicon et Continuatio, ad calc. Matth. Westraonast. .... Galfredus Monumetensis, inter Scriptores Vetustior. ac Praecip Gerson, Opp. .... Gervasius Dorobernensis, inter Scriptores X. . Giraldus Cambrensis, inter Camden. Angl. Script. Gregorius Magnus, Opp. . ... Gregorius Nazianzen. Opp. . . . . Francofurt. 1601 Heidelberg. 1587 Antwerp. 1706 Lond. 1652 Francofurt. 1603 Antverp. 1615 Paris. 1630 Lond. Haeustaldensis, Rich. ? . , o ¦ , -v ^, = , , . T , (¦ inter Scriptores X. . Hagustaldensis, Johan.^ Hall's Chronicle, (Union of the two Families, &c.) Lond. Herbert's Life of king Henry VIII. . . . Lond. Hieronymus S., Opp. . . Ed. Erasm. Basil. Hilarius Pictav., Opp. . . .... Paris. Huntindon Hen. inter Remm Anglicarum Scriptores . Francofurt. 1652 1,550 1672 16261631 1601 In^ulphus, inter Rerum Anglicarum Scriptores Jorvalensis. (Vid. Bromton) Knyghton (Hen. de) inter Scriptores X. Lanfrancus, Opp. . . . . Laws, Ancient, of England (Vid. Archaionomia.) Leo Magnus, Opp. .... Lyndewode, Provinciale. .... Francofurt. 1601 Lond. 1652 Paris. 1648 Ed. Thorpe. 1840 Paris.Oxon. 1639 1679 Malmesburiensis W. inter Rerum Anglicarum Scriptores, Matthew Paris. (Vid. Paris.) Westmonast. (Vid. Westmonast.) Monasticon AngUcanum, .|-, , ,' (^Vol. II. ... . Neubrigensis (Gulielm.) inter Scriptores Vetustior. ac PrsEcip. . Nicephorus CaUist. Eccl. Hist. .... Ordericus Vitalis, inter Hist. Normannomm Scriptores . Origen. Opp. Pallavicino, Hist, del ConcUio di Trenti Paris (Matth.) Hist. Major, Vit. Abbat. et Additamenta, Platina, de Vitis Pontif. . . . . Polydorus Vergil., Angl. Hist. .... — — de Rerum Inventoribus . Francofurt. 1601 Lond. Lond. 16551673 Heidelberg. 1587 Paris. 1630 Paris. Paris. 16191733 In Roma, 1664 Lond. P«39ll640 Ed. 1664 Basil. 1570 Aryent. 1606 ( ) Radulphus, archiep. Cant. Epist. inter Scriptores X. Lond. 1652 Raynaldus (Odoricus), Annal. Eccl Rom* 1646 Rojas (Johan. de), Singularia Juris, etc. . . . Venet. 1683 Fd. Wilkins. Ed. Pistorii. Saresberiensis Johan. Epist. . Selden's Works Sigebertus Gemblacensis, Chronica Sigonius, Histor. de Regno Italiae . . . . . Sleidan, De Statu religionis et reipub. Comment. . Soave (P. Polano), seu P. Sarpi, Histor. del ConcU. Trident. Socrates, Hist. Eccl. ... fTom. I. . . ¦|Tom:iI. . Stow's Chronicle .... Stubbs (Thom.), inter Scriptores X. . . . Spelman, Concil. Orbis Britan. . Theodoretus, Eccl. Hist. Thorn (Wil.), inter Scriptores X Thuanus (De Thou), Hist, sui Temporis Vitalis. (Vid. Ordericus.) Walsingham (Thorn.), inter Camden. Angl. Script. Westmonast. ( Matth.) Flores Histor. Paris. 1611 Lond. 1726 Francofurt. 1583 Venet. 1574 Basil. 1556 Ed. 1629 Paris. 1668 Lond. 1639 Lond. 1664 Lond. 1614 Lond. 1652 Paris. 1673 Lond. 1652 Aurel. 1626 Francofurt. 1603 Francofurt. 1601 As access could not be conveniently had to the same copy of Thomas de Walden's " Fasciculus Zizaniorum," which Twysden used, his references have been verified in the Bodleian MS. No. 163, as follow: that in p. 7 occurs in fol. 108, b, eol. 1, Art. xli. — 96 fol. 59, b, col. 2 : fol. 60, a, col. 1. — 143 fol. 109, a, col. 2, etc. — 228 fol. 156, b, col. 1. ' Nullum purgatorium est.' — 234 fol. 107, b, col. 1, Art. ii. 'Substantia panis materialis et similiter substantia vini materialis maiient in Sacramento altaris.' — 236 fol. 36, b, col. ]. " Garnet's face in the ear," p. 232, is an allusion to one of three stories contained in a Tract entitled " The Jesuits' miracles, or new popish wonders (as feigned by H. G.) confuted." Lond. 1607.3 TO THE READER. I KNOW how easily men are drawn to believe, their own observations and expressions may prove as welcome to others, as they are pleasing to themselves. And though few books live longer than the authors, who send them to the press, and fewer avoid an opinion they might have been as well spared as come abroad ; yet neither the hazard their makers run, nor the little gain they reap, can hinder those have a genius that way, from suffering others to be as well masters and censurers of their thoughts as themselves. This being then the venture every writer exposes himself unto, the reader may not a little marvel how I have been brought to hazard myself on the same seas I have seen so many shipwrecked in. I shall desire him to add this to what is already in the first chapter, as my apology. Reading some times in Baronius, 'that aU things, were well done in the catholic church, had venerable antiquity for their warrant, and that the Roman church did not prescribe any thing as ^an holy tenet, but such only as — delivered by the apostles, preserved by the fathers — were by our ancestors transmitted from them to us — I cannot deny to have thought (for certainly truth is more ancient than error) this being made good, and that she did commend them to us, in no other de- ^ ''' Veneranda Antiquitas, cujus prjE- scriptio cuncta bene geri in ecclesia ca- tholica consueverunt." Baron. Annal. Tom. VIII. ad an. 692, v. : [Vid. ann. 64H, xii.] '' " Non pro arbitrio disserentium, ver- bisquepugnantiumhominum,... sacra dog mata Romana ecclesia deliniret ; sed qua ab apostolis tradita, a majoribusdeducta, a patribus servata accepisset, base ipsa, utpote sacrosancta, universse ecclesise ser vanda, atque inviolabililege custodienda, eadem ecclesia Romana prEescriberet." Baron. Tom. VII. ad an. 53.5, xc. TO THE READER. gree of necessity than those former ages had done, but she had much more reason on her side than I had formerly con ceived her to have : but in examining the assertions, it seemed to me not only otherwise, but that learned cardinal not to have ever been in this consonant to himself, ' confessing the catholic church not always, and in all things, to follow the interpretations of the most holy fathers. On the other side, it seemed to me somewhat hard to afiirm the papacy had encroached on the English, and neither instance when, where, nor how. Hereupon, as I perused our ancient laws and histories, I began to observe all changes in matters ecclesiastical reported by them ; in which I had sometimes speech with that learned gentleman I mention in the first chapter, whom I ever found a person of great candour, integrity, and a true Englishman. I noted likewise how the reformation of religion was begun with us, how cautiously our ancestors proceeded, not to invade the rights of any, but to conserve their own. Many years after, I know not by what fate, there was put into my hands — as a piece not capable of answer, in relation as well to the fact as reason it carried — without at all my seeking after it, or hearing of it, a treatise ' Of the Schism of England,' carry ing the name of one Philip Scot, but, as told me, composed by a person of greater eminency, dedicated to both universities and printed permissu superiorum — truly, in my judgment, neither illiterately nor immodestly writ — but in reading of it, I found sundry particulars, some perhaps only intimated, others plainly set down, I could no way assent unto^ ; as that Cle- ^ " Sanctissiraos patres in interpreta- tione scripturarum non semper et in om nibus catholica ecclesia sequitur." Tom. I. ad an. 34, ccxiii. ^ [Who before Alexander III. did fancy the archbishop of Canterbury might jure legationis do that he might not do in England J7/re metropolitico 9 he being esteemed guasi aiterius orbis papa. Who required of him and other inferior prelates an oath testifying their dependence on the papacy before Paschalis II. and Gre- gory IX. ? Who then wrote himself Dei et apostolicae sedis gralia episcopus ? as not being without his allowance. Which pope in the diocese of another before In. nocentius III. granted non obstantes or letters of periiide valere ?] TO THE READER. xm ment VII. neither did exercise nor require other superiority in the church than Gregory the Great had done*, that the religion brought hither by Augustine varied not from that was before the reformation, that the EngHsh made the separation from the church of Rome, that in doing so we departed from the church catholic. I was not ignorant it might be found in the writings of some protestants, as if we departed from Rome ; which I con ceive is to be understood in respect of the tenets we separate from holding articles of faith, not of the manner how it was made. Having gone through the book, I began to look over my former notes, and putting them for my own satisfaction in order, found them swell farther than I expected — urceum institui, exit amphora — and when they were placed together, I shewed them to some very good friends, to whose earnest persuasions (being such as might dispose of me and mine) I have in the end been forced to yield, making thee partaker of that I never intended should have passed farther than their eyes. Yet in obeying them I shall desire to be rightly under stood ; that as I do not in this take upon me the disputing the truth of any controversial tenet, in difference between us and the church of Rome, so I meddle not with any thing after Pius Quintus came to the papacy ; who first by private practices, and then open excommunication of her majesty, de clared himself an enemy, and in open hostility with this state : which therefore might have greater reason to prevent his endeavours, by some more sharp laws against such as were here of his inclination, than had been seen formerly ; with which I meddle not. " [Who taught then transubstantia- tion an article of faith, as it is now de clared in the council of Trent? (Sess. xiii. u. 3. ) Who held another canon of scripture as deoTTvevara than the church of England now doth ? Who denied the cup to the lay without the pope's as sent ?] XlV TO THE READER. Thus the reader hath the truth, both how I came to com pose, and how to print this. If he find any thing in it like him, he must thank the importunity of others ; if to misdoubt, I give him in the margin what hath led me to that I affirm ; if to dishke, his loss will not be great either in time or cost : and perhaps it may incite him to do better in the same argu ment, and shew me my errors, which — proceeding from a mind hath not other intent than the discovery of truth — no man shall be gladder to see and readier to acknowledge than ROGER TWYSDEN. From my house in East Peckham, the 22 May^ m.rc.lvii. CONTENTS. CHAPTER I. An historical Vindication of the Church of England in point of Schism : and how it came to be entered upon 1 CHAPTER II. Of the Britons 9 CHAPTER IIL Of the increase of the Papal Power in England under the Saxons and Normans, and what oppositions it met with 12 CHAPTER IV. Of Payments to the Papacy from England .... 94 CHAPTER V. How far the Regal Power did extend itself in Matters Ecclesiastical ll'I CHAPTER VI. How the Kings of England proceeded in their separation from Rome l"*! XVI CONTENTS. CHAPTER VII. PAGE How the Reformation was made under Queen Efizabeth . 150 CHAPTER VIII. How Queen Efizabeth settled in this Kingdom the pro ceeding against Heretics 158 CHAPTER IX. Of the farther Proceeding of Queen Elizabeth in the Reformation 198 AN HISTOEICAL VINDICATION OF THE CHURCH OF ENGLAND IN POINT OF SCHISM. CHAPTER I. IT is now almost twenty years since, defending the church of England as it was settled 1" Efiz., for the most per fect and conformable to antiquity of any in Europe, a 'gentle man, whose conversation for his learning I very much affected, told me, he was never satisfied of our agreeing with the primitive church in two particulars; the one in denying all manner of superiority to the bishop of Rome, to live in whose communion the east and western Christian did ever highly esteem : the other in condemning monastic living, so far, as not only to reform them, if any thing were amiss, but to take down the very houses themselves. To the first of these I said, we did not deny such a primacy in the pope as the ancients did acknowledge ; but, that he by that might exercise those acts he of some years before Henry VIII. had done, and had got by encroaching on the English church and state merely by their tolerance, which when the kingdom took to redress and restrain him in, he would needs interpret a departing from the church; yet if any made the departure, it must be the pope, the kingdom standing only on those rights it had ever used for its own preservation, which putting in practice, it was interdicted the king, excommunicated by him, &c. To which he rephed in effect, that of Henry VIII. in his book against Luther, that it was very incredible the pope could do those acts he had some times exercised here by encroachment ; for how could he gain that power and none take notice of it? That this argument p'Sir Basil Brook.] [twysden.J AN HISTORICAL VINDICATION [CHAP. could have no force if not made good by history, and those of our own nation, how he had increased his authority here. Which, truly, I did not well see how to deny, farther than that we might by one particular conclude of another ; as, it the church or state had a right of denying any clerk going without hcence beyond seas, it must follow, it might bar them from going, or appealing to Rome : if none might be acknowledged for pope without the king's approbation, it could not be denied but the necessity of being in union with the true pope (at least in time of schism) did wholly depend on the king. And so of some other. 2. As for the other point of monasteries, I told him, I would not take upon me to defend all that had been done in demoHshing of them ; I knew they had nourished men of piety and good learning, to whom the present age was not a little beholding; for, what do we know of any thing past but by their labours ? That divers well affected to the reformation, and yet persons of integrity, do hold their standing might have continued to the advancement of Uterature, the increase of piety, and refief of the poor. [Which seems the more probable, for that within less than ten years after their dissolution, there was foreseen so great ignorance likely to break in on this nation, as 2° Edw. VI. there was a bill passed the ' commons for men to give lands for finding free schools ; which, meeting elsewhere some stop, we find the next session of parhament again revived for passage. And for the poor, they since are so much in creased, and charity so greatly decayed, as the persuasive acts of former princes, for the relief of them, have been made ^com pulsory, and men encouraged ^to erect hospitals, maisons de Dieu, etc., and endow them with lands, for the supportation of those, who ashamed to beg have not the means of sustaining themselves. And what did rehgious houses at first differ from these ? Certainly the founders erected them with no other intent than, '^'pur Dieux servir et honurer plus devoutement, et auxi pur hospitalitee tenir, et pur enformer et enseigner le poeple et faire les autres choses appartenantz a cure des ' Journals of the House of Commons, 2» Edw. VI. Jan. 23; Feb. 9 ; S" Edw. VI. Decern. 7- - The first Act to compel men to their relief was 6° Eliz. u. 3. See 1" Edw. VI. e. 3 ; 2- & 30 Phil. & Mary, u. 5. ^ 39" Eliz. c. 5 ; made perpetual 21'> Jac. c. 1. ¦* Rotuli Pari. 3o Ric. II. § 37 ; 20» Edw. III. § 3a. Vid. 30 Ric. II. c. 3. I] OF THE CHURCH OF ENGLAND. S aimes, solonc I'estat et la qualite de dictes benefices,' etc. If afterward the oaths by them taken to the see of Rome gave the king occasion of jealousy, and the making vows, not in their power to observe, rendered some of them obnoxious to scandal, I conceive the profession might not absolutely be therefore un lawful, though those might be fitly removed.] That the king when he took them down was the greatest loser by it himself. Whose opinions I would not contradict, yet it could not be denied, they were so far strayed from their first institution, as 3 they retained little other than the name of what they were at the beginning. 3. [I did easily grant the greatest scandal lay upon the protestant profession, was the invading those revenues power had a good part in depriving the possessor of: and that with so much heat and haste, as gave in several parts, I fear, hardly leisure to consider whether what remained were a tolerable maintenance for the incumbent and alms for the poor, joint ''proprietor with him. But let it avail to speak truth : was this the desire of those were truly grieved with the burden of popery and sincerely desired a pious reformation of the church ? I fear nothing less ; but of some grandees, who, by the spoil of others intended their own greatness (to many of whom it hath proved little other than ^aurum Tolosanum, not much of it now remaining with their posterity). For proof of which, I need not go far, ^when divers of the visitors employed to spy what faults they could, and no enemies to a just reformation, did petition some houses of religion might be spared, both for the virtue of the persons in them, and benefit of the country. And Latimer, a glorious martyr, laboured ^two or three of them might in every shire be left for pious uses, whilst Cromwell, no protestant, invaded all. 4. There is no question a prince may with less envy raise money from the ecclesiastic than the lay ; they, being for the most a body from whom it comes which is rich, not subject to = Si autem privatim qu£e nobis suiE- ciant possidemus, non sunt ilia nostra sed pauperum, quorum procurationem quodam modo gerimus, non proprietatem nobis usurpatione damnabili vendicamus. S. August. Ep. t.. [Opp. Tom. II. p. 14S A.] ' Aulus Gellius, Noct. Attic. Lib. III. c. 9. [§ 3.] ^ Herbert's Hist, of Henr. VIII. p. 506. [ed. 1672.] [^ Bp. Latimer's Remains, p. 411, Parker Soc. Ed.] AN HISTORICAL VINDICATION [CHAP. SO great expenses as the temporalty, may be therefore held better able to spare it than particulars (as it hath been ^ob served they did oftener pay tenths than the lay fifteenths) : but it is a dangerous precedent, even for the lay themselves, to take from them what by law and long continuance is settled on them. For when the ice is once broken for a king extraordi narily to supply himself by assuming the estates of private men, of what condition soever they be, it is hard to say where it will stop ; and therefore hath been so rarely put in execution, as I do hardly find an example (unless the estates of the Templars, already dissolved, transferred to the Hospitalers, an act of ill'' rehsh and various interpretation, serve for one) before Hen. VIII. who ^in the 27th year of his reign took, by gift of parhament, to himself all rehgious houses not having yearly two hundred pounds, and were under the number of twelve in family, making honourable mention of the greater houses (which yet in the printed books is omitted^). The Act 31° Hen. VIII. took them away. a.d. 1544, the 36th of his reign, the first of any king since the conquest, (so far as I have observed) he ''adulterated his coin. The Act 37° Hen. VIII. left all the little remainder of ^ colleges for learning, chantries, &c. at the king's disposal, so that there was (to my understanding) nothing of pubHc now remaining to be taken from that body. Certainly it was more than his majesty did think fit to make use of, or the parha ment 'to continue or trust Edward VI. with; who, finding no more help that way, were forced to aid him with a new* invention of relief for three years, out of sheep, cloths, goods, debts, &c. so heavy as the year ^following they were con strained to desire his majesty's mitigation, the clothier being in a manner discouraged from making cloth. Yet I cannot find all this made the crown rich. Hay ward '"observes Edward VI. 's debts were two hundred and fifty one thousand pounds; at least said to be so. Camden", that queen Efizabeth received ' Thom. Walsingham, Histor. a.d. 1404, p. 372, 1. 39, etc. [inter Camden. Anglica Scripta. ] 2 Vid. Burdet. Petit, apud Winton. 4° Edw. III. r. 29, et claus. 6" Edw. III. membr. 5. [This reference seems to be to Rotul. Pari. 4° Edw. III. Petit. 52.] => 27» Hen. VIIL c. 28. I " 310 Hen. VIII. c. 13. = Herbert, p. 510. 0 37" Hen. VIII. c. 4. ' 1° Edw. VL c. 14. " 2" and 3" Edw. VI. „. 36. " 30 and 4" Edw. VI. t. 23. '" Life of Edw. VI. p. 165. [Lond. 1630.] "' Annales Eliz. a.d. 1558. fp. 6, ed. 1675.] I-] OF THE CHURCH OF ENGLAND. the crown afflictissima, cere alieno quod Henricus VIII. et Edwardus VI. contraxerant oppressa. And this after so great contributions, as for my part, what with subsidies and other gifts, I cannot but reckon the treasure spent in fifteen years, more than half the kingdom to be sold. I shall add no more but during the time religious houses remained, there was no fear of a decay of learning in respect of the many prefer ments ; for ^^sint Mcecenates, non deerunt Marones, which was soon after, as we have seen, espied.] 5. Upon this I began to cast with myself how I could historically make good what I had asserted, which in general I held most true, yet had not at hand punctually every circum stance, law, and history that did conduce unto it : in reading, therefore, I began to note apart what might serve for proof any way concerning it. But that gentleman with whom I had this speech being not long after taken away, I made no great progress in it; till some years after, I was constrained to abide in '''London (sequestered, not only from pubhc, but even the private business of my estate). I had often no other way of spending my time but the company a book did afford; insomuch, as I again began to turn over our ancient laws and histories, both printed and written, whereof I had the perusal of divers of good worth : whence I collected many notes, and Jbegan farther to observe the question between us and the church of Rome in that point, not to be whether our ancestors did acknow ledge the pope successor of St Peter, but what that acknowledg ment did extend to ; not whether he were vicar of Christ, had a power from him to teach the word of God, administer the sacraments, direct people in the spiritual ways of heaven — for so had every bishop, amongst which he was ever held by them the first, pater maximus in ecclesia, as one to whom emperors and christians had not only allowed a primacy, but had left behind them why they did it, Sedis apostolicae primatum sancti Petri meritum, qui princeps est episcopalis coronal et Ro mance dignitas civitatis, sacrcB etiam synodi firmarit auc- toritas^'^, says Valentinian, a.d. 445; on which grounds, if he will accept it, I know no reason to deny his being prime — but '- Martial, Epigr. Lib. viii. 56. [" This persecution was owing to Twysden's unflinching loyalty in the cause of K. Charles I. See Introduc tory notice.] 1* Theodos. Leges Novellae, Lib. i. Tit. xxiv. [ad calc. Codic. Theodosian. Ed. Gothofred. Lugduni, 1665.] AN HISTORICAL VINDICATION [CHAP. whether they conceived his commission from Christ did extend so far as to give him an absolute authority over the church and clergy in England, to redress, reform, correct, amend all things in it, not by advice, but as having power over it, with or against their own liking, and farther to remove, translate, silence, suspend all bishops, and others of the spiritualty. In short, to exercise all ecclesiastic authority within this church above any whatsoever; so as all in holy orders (one of the three estates of the kingdom) solely and supremely depended on him, and he on none but Christ ; and whether our forefathers did ever admit him with this liberty of disposing in the EngHsh church. [It is not to be denied the Saxons^ as they were con verted by preachers sent from Rome, so in their troubles they received assistance of wholesome advices and fatherly instruc tions from thence : without (so far as I know) the papacy ever pretending a right of dispensing with the ecclesiastical canons, farther than the bishops in each diocese and the archbishop in his province might, or bestowing preferments or benefices within others' jurisdiction by letters of Non obstante, Ante- ferri, Perinde valere, or the like.] 6. To wade through which question there was an eye to be cast on all the times since Christ was heard of in England, and therefore to be considered how Christianity stood upon the conversion of the Britons, the Saxons, and since the irruption of the Normans. Under the first of these we have but Utile, under the second somewhat, yet not much; under the third the papacy swelled to such a height, that some parts have been constrained to cast it off, and England without his assent in that point so to reform itself, as to declare '^ " no manner of speaking, doing, communication, or holding against the bishop of Rome, or his pretensed power or authority, made or given by human laws [and policies, and not by holy scripture J shall be deemed to be heresy." By which it seems those epi scopal functions he did exercise in common with other bishops, (as baptizing, conferring holy orders, &c.) it did not deny to be good and vahd of his administration. 7. But what those particulars were human laws had con- [' This seems to require some limita tion. Bishops from Ireland converted a great portion of the Pagan Saxons. Vid. Bed. Lib. iii. c. 21, 22, for the labours of Finanus and Cedd; and Lib. iii. c. 3, 4, 6, for those of Aidan and Co- lumba.] 2 Stat. 250 Hen. VIII. c. 14. [§ 7.] I.] OF THE CHURCH OF ENGLAND. ferred upon the papacy, and by what constitutions or canons those pre-eminences were given him, was the thing in question, and not so easy to be found, because indeed gained by little and httle, [not to be concluded on from phrases in epistles or writings to him (wherein oftentimes is used excess of reverence to meaner persons, much more to so great a prince and patri arch), nor by commands sent hither from him ; but by obedience here yielded, by the manner of exercising what came, and by laws made for regulating of his missives.] I cannot but hold truth more ancient than error, every thing to be firmest upon its own bottom, and all novelties in the church to be best confuted by shewing how far they cause it to deviate from the first original. I no. way doubt but the rehgion exercised by the Britons before Augustine came, to have been very pure and holy : nor that planted after from St Gregory, though perhaps with more ceremonies and commands, juris positivi, which this church embraced, rejected, or varied from, as occasion served, to be other ; but in the foundation most sound, most orthodox ; that holy man never intending such a superiority over this church as after was claimed. The bishops of England, in their condemnation of Wicliff's opinions, do not at all touch upon those concerned^ the pope's supremacy ; and the council* of Constance that did censure his affirming, Non est de necessitate salutis credere Romanam ecclesiam esse supremam inter alias ecclesias, doth it with great hmitations, and as but an error : Error est si per Romanam ecclesiam intelligat universalem ecclesiam, aut concilium generale, aut pro quanto negaret pri- Tnatum summi pontificiis super alias ecclesias particulates. I conceive therefore the basis of the pope's or church of Rome's authority in England, to be no other than Avhat, being gained by custom, was admitted with such regulations as the kingdom thought might stand with its own conveniency ; and therefore subject to those ^ stipulations, contracts with the papacy, and pragmatiques it at any time hath made or thought good to set up, in opposition of extravagancies arising thence. In the re- ^ Apud Hen. de Knyghton, col. 2648 [inter Scriptores x. Hist. Anglican.] and in Fasciculo Zizaniorum MS. fol. 64, a, col. I.: in Biblioth. Archiepisc. Arma- chan. * Concil. Constant. Sess. viii. Art. 41. [in Concil. ed. Labb. Tom. XII. 47.] 5 Vide Concordata inter Hen. II. et Alexand. IIL a.d. 1172 : Edw. IIL et Greg. XI. A.D. 1372—1374 : Hen. V. et Martin. V. a.d. 1418. [ in Rymer. Fo;- der. et Act. Public, sub ann.] 8 AN HISTORICAL VINDICATION. [CHAP. I. formation therefore of the church of England, two things seem to be especially searched into, and a third arising from them fit to be examined. I. Whether the kingdom of England did ever conceive any necessity, jure divino, of being under the pope united to the church and see of Rome, which draws on the consideration how his authority hath been exercised in England under the Britons, Saxons and Normans; what treasure was carried an nually hence to Rome ; how it had been gained, and how stopped. II. Whether the prince with the advice of his clergy was not ever understood to be endued with authority sufficient, to 6 cause the church within his dominions to be by them reformed, without using any act of power not legally invested in him, which leads me to consider what the royal authority in sacris is. (1) In making laws that God may be truly honoured ; (2) things decently performed in the church ; (3) profaneness punished, questions of doubt by their clergy to be silenced. III. The third how our kings did proceed, especially queen Ehzabeth (under whose reformation we then lived), in this act of separation from the see of Rome, which carries me to shew how the church of England was reformed by Henry VIII., Edward VI., and queen Efizabeth. Wherein I look upon the pro ceedings abroad and at home against heretics, the obligation to general councils, and some other particulars incident to those times. I do not in this at all take upon me the disputation, much less the theological determination of any controverted tenet (but leave that as the proper subject to divines) ; this being only an historical narration how some things came amongst us, how opposed, how removed by our ancestors, who — well understand ing this church not obliged by any foreign constitutions, but as allowed by itself; and either finding the inconvenience in having them urged from abroad farther than their first reception here did warrant ; or that some of the clergy enforced opinions as articles of faith, were no way to be admitted into that rank — did by the same authority they were first brought in (leaving the body or essence, as I may say, of christian rehgion un touched,) make such a declaration in those particulars, as con served the royal dignity in its ancient splendour, without at all invading the true legal rights of the state ecclesiastical, yet might keep the kingdom in peace, the people without distraction, and the church in unity. CHAPTER II. OF THE BRITONS. I SHALL not here inquire who first planted christian religion amongst the Britons, whether 'Joseph of Arimathea, ^ Simon deletes, ^St Peter, or Eleutherius, neither of which wants an author ; yet I must confess it hath ever seemed to me — by their alleging the *Asian forms in celebrating Easter, their differ ing from the rites of Rome^ in several particulars, of which those of most note were, that of Easter, and baptizing after another manner, than the Romans used ; their often journeying to Palestina — that they received the first principles of rehgion from Asia. And if afterward Coelestinus the pope did send (according to ^Prosper) Germanus, vice sua, to reclaim them from Pelagianism, certainly the inhabitants did not look on it,, as an action of one had authority, though he might have a fatherly care of them as of the same profession with him, as a ''synod in France hkewise had, to whom in their distress they address themselves, to which Beda attributes the help they re ceived by Germanus and Lupus. 2. After this as the Britons are not read to have yielded any subjection to the papacy, so neither is Rome noted to have taken notice of them. For Gregory' the great, about 590, being told certain children were de Britannia insula, did not know whether the country were christian or pagan ; and when Augustine came hither" and demanded their obedience to the church of Rome, the abbot of Bangor returned him answer; ' Baron. [Annal.] Tom. I. ad an. 35, V. ' 2 Nieeph. Callist. [Eccles. Hist.] Lib. II. c. 40. ^ Metaphrast. [Commentar. de Petro et Paulo, ad diem 29] Junii: de eo vid. Baron. Tom. I. ad an. 44, xxvii. ; Bed. [Hist. Eccl.] Lib. i. c. 4. * Bed. [Hist. Eccl.] Lib. in. t. 25 : conf. Euseb. Hist. Lib. v. c. 24. 5 In multis [quidem] nostrse consue- tudini...contrariageritis. Augustin. Bri- tonibus, apud Bed. Lib. ii. t. 22, [p. 80,] " Prosper, in Chronico, a. d. 432. [Tom. I. p. 50, in Nov. Biblioth. MS. Libr. Paris. 1657 ; ed. Labb.] 7 Bed. Lib. i. c. 17. ^ Johan. Diacon. in vita Gregor. c. 21. [prefixed to the works of Gregory, ed. Antverp. 1615.] : Bed. Lib. ii. c. 1. [p. 78.] » Spelman. Concil. [Tom. I.] p. 108. 10 OF THE BRITONS. [CHAP. " That they were obedient to the church of God, to the pope of Rome, and to every godly Christian, to love every one in his degree in charity, to help them in word and deed to be the children of God; and other obedience than this they did not know due to him, whom he named to be pope, nor to be father of fathers." 3. The abbot's name that gave this reply to Augustine seems to have been Dinoot, and is in effect no other than what 'Geoffrey of Monmouth hath remembered of him, that being miro modo liberalibus artihus eruditus, Augustine petenti ab episGopis Britonum subjectionem . . . diversis monstravit argu- mentationibus ipsos ei nullam subjectionem debere; to which I may add, by the testimony of ^Beda, their not only denying his propositions, sed neque ilium pro archiepiscopo habiturum respondebant. And it appears ^by Giraldus Cambrensis, this distance between the two churches continued long, even till Henry the first induced their submission by force ; before which, episcopi Wallice a Menevensi antistite sunt consecrati, et ipse similiter ab aliis tanquam suffraganeis est consecratus, nulla penitus alii ecclesice facta professione vel subjectione. The generality of which words must be construed to have reference as well to Rome as Canterbury; for, a little after, he shews that though Augustine called them to council, as a legate of the apostolic see, yet returned, they did proclaim they would not acknowledge him an archbishop, but did contemn both himself and what he had estabhshed. 4. Neither were the Scots in this difference any whit behind the Britons, as we may perceive by the * letter of Lau- rentius, Justus, and Mellitus, to the bishops and abbots through Scotland; in which they remember the strange perverseness of one Daganus, a Scottish bishop, who upon occasion coming to them did not only abstain eating with them, but would not take his meat in the same house they abode, yet they salute them with the honourable titles of their dearest lords and brethren. A certain sign of a wide distance between the opinions of Rome ' Galfred. Monumetensis [Hist. Re- gum Britan. Lib. xi. c. 12 : inter Scrip tores Vetust. ac Prascip. ed. Heidelberg. 1687.] "^ [Bed, Hist. Eccl.J Lib. ii. t. 2. " Girald. Itinerarium Cambr. Lib. ii. c. 1., [p. 856, 1. 10, &c. inter Camden. Anglica Script.] ^ [Apud Bed. Lib. ii. c. 4.]| II.] OF THE BRITONS. 11 then and now, when men are taught not so much as ^bid them farewell, do not submit unto it. Sure our first bishops knew no such rule, who placed in their calendar for saints and holy men, as ell HUda, Aidan, and Colman, the opposers of Rome, as Yt 'ed, Agilbertus, and others, who stood for it.' ' Baronius, Parsenesis ad Rempub. Venetam. [p. 37 ; Rom. 1606] : Atque his tandem finis esto; sed doleo vehe- menter, quod absque, valete. Johannes enim Apostolus id vetat facere, et cum eo omnis simul ecclesia quod indignos salutatione juste judicet eos, qui non communicantes Romanse ecclesise omnis penitus sunt salutis expertes. (2 Johan. v. 10.) CHAPTER III. OF THE INCREASE OF THE PAPAL POWER IN ENGLAND UNDER THE SAXONS AND NORMANS, AND WHAT OPPOSITIONS IT MET WITH. AFTER the planting of christian rehgion amongst the Saxons, the archbishop of Canterbury became a person so eminent, all England was reputed' his diocese; in the college of bishops, ^London his dean, whose office it was to^ summon councils; Winchester his chancellor; ^Safisbury, or (as some) Winchester his precentor, or that began the service by singing ; * Worcester, or rather Rochester, his chaplain, and the other the carrier of his cross: ^expected no less obedience from York, than himself yielded to Rome', voluntate et beneficio ; it being the opinion of the church of England, it was but equal, ^ut ab eo loco mutur- entur vivendi disciplinam, a cujus fomite rapuerunt credendi flammam. The dependence therefore of the clergy in England being thus wholly upon the archbishop, it will not be amiss to take a little view both of what esteem he was in the church, and how it came to be taken off, and by degrees transferred to a foreign power. 2. Upon the conversion of the Saxons here by the preach ing of Augustine and his companions, and a quiet peace settled 10 under Theodore, to whom" all the English submitted, '"parochial churches by his encouragement began to be erected, and the bishop of Rome greatly reverenced in this nation, as being the > Eadmer. [Hist. Novorum] p. 12, 1. 49 : p. 137, 1. 1. Gervas. Dorobernensis [Actus Pontif. Cantuar. inter Scriptores X.] col. 1661, 1. 54. ° Lyndewode, [ProvincialeJ Lib. v. de Pffinis, § Tanquam, [p. 317]. " Gervas. Dorob. [Chronica] col. 1566, 1. 10. * [Salisbury] Lyndewode, ubi supra: [Winchester] Gervas. Dorob. col. 1382, 1. 61 : col. 1429, 1. 23. * [Worcester] Lyndewode, ubi supra: Gervas. Dorob. col. 1565, 1. 1: [Ro chester] Gervas. Dorob. col. 1382, 1. 59; col. 1567, 1. 67. " W. Malmesbur. [de Gestis Pontif. Angl. Lib. i. p. 213, 1. 11] : Radulph. de Diceto [Abbreviationes Chronicorum, inter Scriptores x.] col. 437, 1. 64. ' Radulph. Archiep. Cant. EpisU inter Scriptores x. col. 1736, 1. 17. ^ W. Malmesbur. ubi supra, p. 212, L47. ' Bed. Lib. iv. c. 2. " Lib. MS. in Aula Trinitatis Can tab. [A Chronicle of the Monastery of St Augustine, Canterbury ; the reference in the text is to fol. 28, a, col. 2.J CHAP. III.] INCREASE OF THE PAPAL POWER. 13 successor of St Peter, the first bishop of the world, patriarch of the west, that resided in a town" held to nourish the best clerks in Christendom, and the seat of the empire : insomuch, as the devout Briton, who seems (as I said) to have received his first conversion from Asia'^, did go to Judea as a place of greatest sanctity, so'' amongst the Saxons, Romam adire magnce virtutis wstimabatur. But, as this was of their part no other than as to a great doctor or prelate, by whose solicitude they understood the way to heaven, and to a place in which religion and piety did most flourish ; so the instructions thence were not as coming from one had dominion over their faith, the one side not at all giving, nor the other assuming other than that respect is fit to be rendered from a puisne or less skUful to more ancient and learned teachers. As of late times, when certain divines at Frankfort, 1554, differed about the Common Prayer used in England, Knox and Whittingham appealed to Calvin for his opinion; and receiving his cc. epistle, '*"it so wrought in the hearts of many, that they were not so stout to maintain all the parts of the Book of England as afterward they were bent against it." And doctor Cox and some other, who stood for the use of the said book, wrote unto him, '^"excusing themselves that they put order in their church without his counsel asked." Which honour they shewed him, not as esteeming him ""to have any authority of office over them, but in respect of his learning and merits." 3. As these therefore carried much honour, and yielded great obedience to Calvin, and the church of Geneva, by them then held " " the purest reformed church in Christendom ;" so it cannot be denied but our ancestors, the Saxons, attributed no less to the pope and church of Rome, who yet never invaded 11 the rights of this as contrary to the'^ council of Ephesus, and the canons of the church of '* England ; but left the government of it to the Enghsh prelates, yet giving his best advice and assistance " Hall [Unyon of the Twoo Famelies of Lancastre and Vorke] 20" Hen. VIII. fol. 179. '2 Divisus ab orbe nostro Britaimus, si in religione processerit . . . quierit lo cum fama sibi tantum et Scripturarum relatione cognitum. Epist. Paulse et Eustochii ad Marcellam, ut commigfet B_ethlehem, inter Opp. S. Hieronym. script, circa an. 386 [Tom. I. p. 126, D.] 13 Bed. Lib. iv. c. 23. [p. 168, 1. 35.] '* Troubles at Frankford, p. xxxvi. ed. 1575. 15 Ibid. p. Ii. '^ Ibid. p. cxlvii. " Ibid. p. xlix. 18 [Concil. ed. Labb. Tom. III. 802.] >9 Bed. Lib. iv. c. 5. 14 INCREASE OF THE PAPAL POWER. [CHAP. for increasing devotion, and maintenance of the laws ecclesiastical amongst them, in which each side placed the superiority. From whence it proceeded that however the pope was sought to from hence, he rarely sent hither any legate. In the council of Calcuith, held about 180 years after Augustine, it is observed', « tempore sancti Augustini pontificis, sacerdos Romanus nullus in Britanniam missus est, nisi nos. ^And Eadmerus, that it was inauditum in Britannia, quemlibet hominum super se vices apostolicas gerere, nisi solum archiepiscopum Cantuarice. 4. But after the pope instead of being ''subject, began to be esteemed above the ecclesiastic canons, and to pretend a [sole] power of altering and dispensing with them, and what past by his advice and counsel only, [he would have] said to be by his authority, he did question divers particulars had been formerly undoubtedly practised in this kingdom, he seeing them, and not shewing any dislike at it; as *the receiving investitures of churches from princes, ''the calling synods, the determining causes ecclesiastical without appeals to Rome, the transferring bishops, &c. ; but the removing these from England unto a foreign judica ture, being as well in diminution of the rights of the crown as of this church, passed not without opposition. 5. For Anselm, a native of Italy [where the necessity of subjection to the Roman chair was but^ newly introduced, and therefore more pressed by the devoted to it], pretending he ought not to be barred of visiting the vicar of St Peter', causa regiminis ecclesice, [causa suce salutis, causa sanctce Christi- anitatis ; that Christ made St Peter super ecclesiam suam 1 Spelman. Concil. [Tom. I.] a.d. 787, p. 293. = [Hist. Novorum] p. 58, 1. 43. " [Corpus Juris Canonici, Decret. Part II.] Caus. ii. ; quaest. i., capp. 4, 6, etc. : qusBst. II., capp. 2, 3, 4, etc. [Tom. I.: pp. 153,156.] * Ingulph. [Histor. inter Rerum An glicarum Scriptores, p. 896, 1. 32.] ¦' Vid. Literas Paschalis II. Henrico I, apud Eadmer. pp. 112—116. ° [Eodem anno (scil. 844) Angil- bertus Mediolanensis Archiepiscopus ab ecclesia Romana, parum comperta de causa, descivit, tantumque exemplo in posterum valuit, ut non nisi post du- centos annos Ecclesia Mediolanensis ad Romanas obedientiam auctoritatemque redierit. Sigonius, Histor. de Regno Italiae, Lib. v. p. 194. And the same author remembers, a.d. 1059, Pope Nicholas II. sending thither a legate: " Rumor in civitate a factione clericorum excitatus increbuit, Ambrosianamque Ecclesiam antiquis patrum institutis li- beram nee Romanis legibus obnoxiam esse, neque Pontificem Romanum jus uUum in sua Ecclesia ordinanda atque constituenda habere :" from which yet the legate or legates by their wise deport ments removed them. Lib. ix. p. 345.| ' Eadmer. [p. 40, 1. 6, 33] : p. 38, 1.33. IIL] INCREASE OF THE PAPAL POWER. 15 principem, so as to be barred of appeahng to him, as was re quired, was Petrum abjurare, et qui beatum Petrum abjurat, Christum indubitanter abjurat — speeches not met with formerly, and the English ear was so unacquainted with, as he] was told by the king, bishops, and lay lords, that^ it was a thuig unheard, and altogether against the use of the realm, for any of the great men, especiaUy hunself, to presume any such thing without the king's licence ; who affirmed, ^nequaquam fidem quam sibi debebat simul et apostolicce sedis obedientiam 12 contra suam voluntatem posse servare. And the archbishop persisting in his journey thither, had not only his bishopric seized into the king's hand, but the pope being shewed how his carriage was resented here, did not afford him either ^"con silium or auxilium, but suffered him to hve an exile all that prince's time" without any considerable support, or adjudging the cause in his favour. Which makes it the more strange that (having found by experience what he had heard before, that it was the king, not the pope, coidd help or hurt him) this visit being so httle to his advantage, at his first presenting himself to Henry the first, he should oppose'^ that prince in doing him homage, and being invested by him, — a right continued unto that time from his ancestors, and by which himself had received'" the archbishopric from his brother, — and this on a suggestion that it was prohibited in a council held at Rome : in which he went so far as to tell the king, ^*quod nee pro redemptione capitis mei consentiam ei de iis quce prcesens audivi in Romano concilio prohiberi, nisi ab eadem sede interdictorum absolutionis sen- tentia prodeat, a qua constitutionis ipsorum vinculum prodiit. 6. This is the first, if not the only time, that to what was acted at Rome an obedience was required here, as not to be dispensed with but from thence; for it is undoubted, this kingdom never held itself tied by any thing passed there, till received here ; as 'Hhe same author rightly observes, things done there, not ratified here, to be of no value. And when '^Winchelsea, 1296, would have introduced the contrary, it cost ' Ibid. p. 39, 1. 30. 8 Ibid. p. 26. 1. 1. '1 Ibid. p. 62, 1. 17. " Nil judicii vel subventionis per Romanum prsesulem nacti. Ibid. p. 53, 1.28. 12 Ibid. p. 56, 1. 6. " Ibid. p. 18, 1. 4 : p. 20, 1. 35. 14 Ibid. p. 70, 1. 9, etc. 1= Ibid. p. 92, 1. 40 : vid. Spelman. Concil. [Tom. I.] p. 166, § 9. 1° Hen. de Knyghton [de Eventibus Angliffi] col. 249), 1. 19, etc. a.d. 1296 : Vid. Matth. Westmonast. [Flores Histo- riarum, p. 429, 1.24, etc.] W.Thorn [Chro nica, inter Scriptores x. col. 1965, § 2.] 16 INCREASE OF THE PAPAL POWER. [CHAP. him dear, the clergy forced to reject the command', and [m fine] the court to quit her pretences. [How this was received here, we cannot better learn than from Ansehn's letter to Paschalis II.; which, because it is not in his pruited works, I will give out of a MS. copy of them in Sir John Cotton's hbrary. Postquam revocatus ad episcopdtum redii in An- gliam, ostendi decreta apostolica, quce in Romano concilio prcesens audivi; ne, scilicet, aliquis de manu regis aut ali- cujus laid ecclesiarum investituras acciperet, ut pro hoc ejus liomo fieret, nee aliquis hcec transgredientem consecrare prce- sumeret. Quod audientes rex et principes ejus, ipsi etiam episcopi et alii minoris ordinis tarn graviter acceperunt, ut assererent se nulla modo huic rei assensum prcebituros, et me de regno potius quam hoc servarent expulsuros, et a Romana ecclesia se discessuros. Unde, reverende pater, vestrum petii per epistolam nostram, consilium,, quam misi celsitudini vestrce per Guilhelmum regis legatum. Sed quoniam responsi vestri literas non accepi adhuc, per legates nostras quos mitto cum, carissimis fratribus et coepiscopis nostris, qui pro eadem re vestram sanctitatem adeunt, jam petitum iterum supplex per chartam sublimitatis vestrce certum peto c&nsiliwn^.J 7. But the dispute, however the right stood, grew so high, the king told Anselm" the pope had not to meddle with his rights, and from hence issued that bold letter we find in Jorva- 1 3 lensis, col. 999, 37, &c., which I have likewise seen in an old hand recorded amongst divers other memorials of the archbishops of Canterbury ; though I must needs say it seems to me by * Pas- chahs his answer, not sent by those he names, but by former messengers. [He told the king, sanctce Romance ecclesice ilia in tuo regno pollicebaris, quce tempore tui patris habuerat; eos requirens honores, quos antecessorum nostrorum tempore pater tuus habuerat; which clearly hath reference to these words in the said letter, ^eos honores et earn obedientiam quam tempore patris mei antecessores vestri in regno Anglice habue- rant, tempore meo ut habeatis volo ; eo videlicet tenore, ut dig- ' Liber Sextus [Decretal. Bonifacii VIII.] Lib. III. Tit. xxiii. c. 3: Cle ment. V. [Constitutiones], Lib. v. Tit. xvii. c. 1. [2 Epist. cxcv.in Bibliotheca Cotton. Claudius, A. XI. : fol. 97, b.] 3 Eadmer. p. 70, 1. 5. * Ibid. p. 59, 1. 48. 1= Vid. Jorvalens. col. 999, 1. 47, &c.] [The reference is to the Chronicon of John Bromton, abbot of Jervall or Jor- valle. In Twysden's edition of the Scrip tores X., where this Chronicon wiU be found, the name of the author is incor rectly printed Jornalensis.] IIL] INCREASE OF THE PAPAL POWER. 17 nitates, usus et consuetudines, quas pater m£us tempore ante cessorum vestrorum in regno Anglice habuit, ego tempore vestro in eodem regno meo integre obtineamj. *In this controversy the pope's returns were so ambiguous, that he writ so differing from their relations were sent, it was thought fit Anselm should himself go to Rome ; with whom king Henry sent another, 'who spake plainly, his master nee pro amissione regni sui passurum se perdere investituras ecclesiarum: and (though Rome were wilhng to comply in other particulars) told Anselm denying that, he * could not assure him of a welcome in England ; who there upon retired to Lyons. Where finding ^ slender comfort from Rome, he sought the king by letters, and after, by the means of Henry's ^'sister, made his peace ; at which yet he was not permitted (such was his spirit) to enter England, denying to communicate with them had received bishoprics from the king, but by the pope's dispensation. The conclusion was, Paschalis taught by experience, neither the court of Rome nor the arch bishop gained aught by this contest, however he would not at first abate ^^prcedecessoris sui sententice rigorem, yet now ad mitted great hmitations to what Urban had estahfished. So as the king ^^assenting none for the future should he invested per laicam manum (which was no more, but what he formerly did himself, he would now cause to be performed by a bishop) the other agreed no prelates to be barred of promotion, etiamsi hominia regi fecerint ; ^^... donee per omnipotentis Domini gra- tiam ad hoc omittendum cor regium \tuce prcedicationis im- bribusj molliatur : which yet the king soon after, on the pope's permission of them ^Ho the Dutch, did threaten ^^sine dubio se resumpturum suas investituras, quoniam ille suas tenet in pace. But for aught I find, it went no farther than their swearing fealty to the king, which seems to have been long '^continued. « Apud Eadmer. p. 56, 1. 22. 7 Ibid. p. 73, 1. 13. » Ibid. p. 75, 1. 27. » Idid. p. 79, 1. 24. 10 Ibid. p. 80, 1. 17- 11 Ibid. p. 63, 1. 3. 12 Ibid. p. 91, 1. 32. " Ibid. p. 87, 1. 35. 14 [Vid. Florent. Wigorniens. Chro nicon, ad calc. Flor. Historiar. a.d. 1111. p. 654. et Sigebert. Gemblacens. Chro- [twysden.J nicon. p. 6I4.| 1= Eadmer. p. 100, 1. 1. 1" Gervas. Dorobern. a.d. 1187, col. 1503, 1. 35 : R. de Glanvilla Abbati de Bello salutem. PrEecipio tibi, ex parte domini regis, per fidem quam ei debes, et per sacramentum quod ei fecisti, etc. W. Thom, A.D. 1220, col. 1873, 1. 56 : Hugo III., abbas S. Augustini, gratan- ter admissus, juravit fidelitatem domino regi, super crucem ipsius legati. 2 18 INCREASE OF THE PAPAL POWER. [CHAP. 14 8. The papacy, finding by this contest the difficulty of carrying any thmg here by a high hand, thought of more moderate ways for bringing the clergy of this nation wholly to depend on Rome ; but that could not be, without diminishing the power the archbishop held over them, and therefore must be won by degrees. To advance which, nothing could more conduce, than to have a person of wisdom reside here, who might direct this church according to the papal interest. But this was thought fit to be given out before practised, and likely to be doubly opposed ; for the archbishop well understood the admitting a legate for that end to be ^in suce dignitatis prce- judicium. And the king suffered none to be taken for pope, but whom he approved, nor any to receive so much as a letter from Rome, without acquainting him with it, and held it an undoubted right of the crown, ^ut neminem aliquando legati officio in Anglia fungi permitteret, si non ipse, aliqua proecipua querela exigente, et quce ab archiepiscopo Cantuariorum ccete- risque episcopis regni terminari non posset, hoc fisri a papa postularet. 9. Things standing thus, in the year 1100 the archbishop of Vienna, coming into England, 'reported himself to have the legatine power of all Britain committed unto him ; which was with so much admiration of the nation (as a thing had not been heard of before) that, if he had any, at least he thought not fit to ma'ie use of his commission, but departed a nemine pro legato susceptus, nee in aliquo legati officio functus, 10. Fourteen years after, *Paschahs II., by letters of the thirtieth of March and first of April, expostulates with the king about several particulars ; of which one is, his admitting neither, messenger nor letter to be received, but by his leave. But see the words : Sedis apostolicce nuncii vel liter ce prceter jussum regice majestatis nullam in potestate tua susceptionem aut 15 aditum promerentur ; nullus inde clamor, nullum inde judi cium ad sedem apostolicam destinantur, §-c., and the year fol lowing addressed ' Anselm, (nephew to the late archbishop, and after abbot of St Edmundsbury) hither, shewing by letters he had committed imto his administration vices apostolicas in An- 1 Mat. Paris, [Hist.Major] a.d. 1237, p. 440, 1. 17. ' Eadmer. p. 125, 1. 53, etc. . p. 6, 1. 25 : p. 113, 1. 1. =* Ibid. p. 58, 11. 40-46. ¦¦ Ibid. pp. 112-116. [a.d. 1115.] ' Ibid. p. 118, 1. 28. [a. d. 1116.1 III.] INCREASE OF THE PAPAL POWER. 19 glia. This made known here (though the bearer were not permitted to enter the kingdom) the clergy and nobihty gathered in council at London, concluded the archbishop should go to the king in Normandy, make known unto him the ancient custom of the realm, and by his advice to Rome, (as being the person was most interested in it) ut hcec nova annihilaret ; from whence he obtained the letter, or rather declaration to the king and clergy the same author ^hath recorded. So by this care the matter was again stopped. 11. The king, 1119, 'sent his bishops to a council held by Cahxtus II., at Rheims, at their departing gave them these instructions : not to complain of each other, because himself would right them at home ; that he paid that rent his prede cessors had done, and enjoyed likewise those privileges had been formerly permitted them ; that they should salute the pope from him, hear his precepts, but bring no superfluities into his king dom. But see the words : Rex Anglorum prcelatis regni sui ad synodum [guidem^ ire permisit ; sed omnino, ne alicujus modi querimoniam, alterutrum facer ent, prohibuit. Dixit [enim'], Omni plenariam rectitudinem conquerenti faciam in terra mea : redditus ah anteriorihus constitutes Romance ecclesice singulis annis eroge, et privilegia nihilominus ab antiquis temperibus pari modo mihi cencessa tenee. Ite, dominum papam de parte mea salutate, et apostolica tantum prcecepta humiliter audite, sed superfluas adinventiones regno meo inferre nolite. Cer tainly this prince did hold, the pope with the advice of a council might labour to introduce superfluous inventions, which the Eng lish were not tied to receive, the disputes of his bishops be by 16 him ended at home without carrying their complaints beyond seas, according to the assize ^of Clarendon; the king in nothing obliged to Rome, but in the payment of Peter-pence, as his father had before ^ expressed himself 12. In November following, the pope and king had a '<• meeting at Gisors in Normandy, where Calixtus confirmed unto him the usages his father had practised in England and Nor mandy,' and in especial that of sending no legate hither, but on 6 Ibid. p. 120. ' Orderic. Vitalis [Eccles. Histor. Lib. XII.] p. 867, D : p. 858, A [inter Hist. Norman. Scriptor. Antiq.] ' Cap. VIII. [apud Gervas. Dorobern. col. 1387.] 3 Baron. [Annal. Eccl.] Tom. XI. ad an. 1079, xxv. : Lanfranc. Ep. vii. [Opp. p. 304.] i» Eadmer. p. 125, 1. 49. 2 — 2 20 INCREASE OF THE PAPAL POWER. [CHAP. 17 the prince's desire. Yet notwithstanding, the same 'pope not fully two years after addressed another to these parts : but he by the king's wisdom was diverted, [his majesty assuring him, his legaty could not have any stable authority, but by the con nivance of the three estates (which we now call the parhament) ; and further, that he should not willingly part with patrias con suetudines sibi ab apostolica sede -concessas . . ¦ in quibus hcec, et de maximis una erat, quce regnum Anglice liberum ab omni legati ditiene constituerat, insomuch] ut qui legati officio fungi in teta Britannia venerat, immunis ab omni officio tali, via qua venerat, extra Angliam a rege missus est. 13. But here, by the way, the reader may take notice, these words, ^cellata, ^impetrata, cencessa, permissa, used by our best authors in speaking of the rights of the crown in points of this nature, do not import as if it had only a delegatory power from the pope by some grant of his, as is fancied by those * would have it so ; for we read of no such concessions from him, unless that of Nicholas II., of which in the next : but that they were continuaUy exercised, the pope seeing, and either approving, or at least making no such shew of his disliking them, as barred their practice ; which by comparing the said authors is plain. Eadmerus speaks as if these customs were ^cencessa, fungi permissa, from Rome; which he calls ^antiqua Anglice consuetude, libertas regni, ^c. [Hen. I., as we have seen, called them his paternal customs concessas by the see apostohc, that were indeed no other than the laws of the land, which could not be changed but by act of parhament]. So [again] he terms them ''privilegia patri et fratri sue, sibique a Romana ecclesia jam olim cellata ; about which yet it is manifest, even *by him, the court of Rome was ever in contest with our kings, who maintained them as their royalties against it, and challenged by Henry I. by no other title than ^dignitates, usus, et consuetu dines, quas pater ejus in regno habuit, ^c, which the pope 1 Eadmer. p. 137, 1. 46 : p. 138, 1. 13, etc. [a. D. 1121.] ^ Ibid. p. 116, 1. 23. =< Ibid. p. 125, 1. 51. 4 Answere to the Reportes of Syr Edw. Cooke, by a Catholicke Devine [viz. Father Robert Persons] cap. ix . § 8, p. 200. = Eadmer. p. 125, 11. 53, 64. " Ibid. p. 118, 1. 33, etc. ~' Ibid. p. 116, 1. 22. " Ibid. p. 6, 1. 15, etc. Lib. il totum : p. 113, 1. 1, etc. : p. 115. " Hen. I. Epist. apud [Johan. Brom ton] Jorvalens. col. 999, 1. 49, etc. per III.] INCREASE OF THE PAPAL POWER. 21 i" calls honores quos antecessorum nostrorum tempore pater tuus habuerat, and affirms to be grata in super fide, . ..interius requi- sita et legati \tui\ vocibus exposita, gravia et vehementissima paruerunt. So far have popes been from conferring the least unto them 11. 14. It is true, thmgs done by princes as of their own right, popes finding not means to stop, would in former ages as later, by privilege i^contmue unto them. Nicholaus papa hoc domino meo \regi] privilegium, quod ex paterno jure susceperat, prce- buit, I'said the emperor's advocate. And the same pope, finding our kings to express one part of their office to be ^*regere populum domini, et ecclesiam ejus, wrote to Edward the Con fessor : '^ Vobis [vero] et posteris vestris regibus committimus advocationem [et tuitioneni] ejusdem, loci, et omnium totius An glice ecclesiarum, ut, vice nostra, cum concilio episcoperum, et abbatum constituas ubique quce justa sunt. As a few years since, '^the republic of Venice, not assenting to send their pa triarch to an examination at Rome, according to a decree of Clement VIIL, Paulus Quintus [after an ''absolute denial of granting any liberty in that kind, finding he would not be sent, in fine] declared that imposterum Venetiarum antistites dementis decreto eximerentur : so that now that state doth, by an exemption, what they did before as sovereign princes. Besides, kings did many times as grants ask those things of the pope, they well understood themselves to have power of doing without him. [Innocentius IV. a.d. 1247, granted Henry III. ^^quod quando papa providet alicui vel aliquibus ex nepotibus suis vel cardinalium, ipse vel ipsi cardinales rogabunt dominum regem, cum instantia magna, quod placeat domino regi ut pro- videatur sic : which yet, the laws remaining made in the times of Edw. IIL, Rich. IL, Hen. IV. and other princes, enough teach us might have been here regulated without him]. '^ Henry V. demanded of Martin V. five particulars ; to which his ambassadors "> Eadmer. p. 69, 1. 50, etc. " Vid. cap. iv. § 19. 12 Vid. cap. v. § 4. [cap. ix. § 4.] " Baron. Tom. XI. ad an. 1059. xxiii. 14 [Leges Edward. Confess, e. xvii.] [in "Ancient Laws and Institutes of England," Vol. L p. 449.] " [Apud Ailredum, de vita Edw, .Confessor, col. 388, 1. 53.] i^' Andr. Mauroceni Hist. Venet. a.d. 1601, p. 629, B : a.d. 1608, p. 687, B [ed. Venet. 1623.] Lettresdu Cardinal D'Os- sat, [ccLxxxiii. p. 659 ; h Paris, 1627.] " [Maurocen. ubi supra : p. 651, E.J 18 [Mat. Paris, p. 722, 1.8.] 1' Narrantur haec in Vita Hen. Chi- chele ab Arthuro Duck, [p. 25 ; inter Vit. Select. Virorum, Lond. 1681.] 22 INCREASE OF THE PAPAL POWER. [CHAl finding him not so ready to assent, told him se in mandatis habere, ut coram eo profiteantur, regem in iis singulis jure suo usurum, utpote quce non necessitatis, sed honoris causa petat, et ut publicam de ea re coram universe cardinalium ccetu pre- testationem interponant. And to the same purpose there are sundry examples yet remaining on record, where 'the king on the petition of the commons for redress of some things (of eccle- 18 siastic cognizance) amiss, first chooses to write to the pope ; but on his delay, or failing to give satisfaction, doth either himself by statute redress the inconvenience, or command the archbishop to see it done^. 15. But here, before I proceed any farther, because it cannot be denied, in former times there was often intercourse between the church of England and Rome, and such as were sent from thence hither are by some styled nuncii, by others legati ; I think it not amiss to consider, what the cause was one side so much opposed the sending a legate, and the other so laboured to gain it. 16. After the erection of Canterbury into an archbishopric, the bishops of that see were held quasi aiterius orbis papae, as Urban II. ^styled them, did only exercise * vices apostolicas in Anglia, that is, used the same power within this island the pope did in other parts; the one ^ claiming, because Europe had been converted by disciples sent from Rome ; the other, that he had sent ^preachers through England. And is therefore called fre quently in our writers ''princeps episcoporum Anglice, ^p)ontifex summits, ^patriarcha, ^"primas, and his seat ^^ cathedra patri- archatus Anglorum; and this not in civility only, but they were as well '^sic habiti as nominati. It is true, the corre spondency between it and the Roman was so great, they were 1 Rotul. Pari. I70 Edw. III. § 59, sub fin. i 250 Edw. III., en les octaves de la Purification, § 13 : 70 & 8° Hen. IV. § 114 : 30 Hen. VL § 38. ''Vid. cap. V. § 20 [cap. iv. §§ I7, 18, 19.] = W. Malmesbur. [de Gestis Pontif.] Lib. I. in Anselra. [p. 223, 1. 33] : Gervas. Dorobern. [Imaginationes de Discord.] col. 1327, 1. 58. 4 Eadmer. p. 58, 1. 43. . = Ibid. p. 115, 1.17. " R. de Diceto [Abbrev. Chron.], col. 437, 1. 64. '' Eadmer. p. 27, 1. 34 : mihi (videlp Anselmo) principi vestro. " Ibid. p. 107, 1. 33 : p. 113, 1. 47. " Gervas. Dorobern, [Actus Pondf. Cantuar.] col. 1663, 1. 55. [Malmesbur. Prolog. Libr. i. de Gestis Pontif. p. 198.] 1° Eadmer. p. 30, 1. 9. " Ibid. p. 113, 1. 47 : Continuatio ad Florent. Wigorn. a.d. 1136 [p. 666, ed. Francofurt. 1601.] " Gervas. Dorobern. ubi supra. III.] INCREASE OF THE PAPAL POWER. 23 rather held one than two churches; yet, if any question did arise, the determination was in a council or convocation here ; as '"the deposing Stygand, '*the settling the precedency between Canterbury and York, "the instructions I mentioned of Hen. I. to his bishops, '^the right of the kmgdom that none should be drawn out of it auctoritate apostolica, do enough assure us. If recourse were had to Rome, it was only ^''ut majori concilio deddatur quod [hactenus] terminari non potuit, as to the more learned divines, to the elder church, of greatest note in Europe, by whom these were converted, and therefore more reverenced 19 by this, as that was most solicitous of their well-doing, and most respected for their wisdom. All which is [farther] manifest by that humble letter '^Kenulphus and others of Mercia wrote about 797 to Leo III. ; wherein it plainly appears, he seeks to that see for direction, because the conversion of the nation first came from thence, and there resided in it men of sound learning, whom he doth therefore desire as quibus a Dee merito sapientice clavis collata est, ut super hac causa (which was the placing an archi- episcopal chair at Lichfield,) cwm sapientibus vestris quceratis, et quicquid vobis videatur, nobis postea [servanduni] rescribere dignemini. By which it is clear his inquisition was as unto persons of profound hterature, (had the key of knowledge con ferred on them) not as to those had authority over this church. [And, therefore, John VII. says it should be gratum to him, if the case of Wilfred could be here determined ; if not, recourse might be had to Rome, ^^ut majori concilio deddatur, quod hactenus terminari non potuit-l 17. As for acts of ecclesiastic authority, what proceeded not from the king, did from the archbishop, who was not at all commanded by any, ^'^nec ullius unquam legati ditioni addictus, but preceded them aU. 2' None did wear a mitre within his 18 Florent. Wigorn. [Chronicon] a.d. 1070 [pp. 636, 637]. 14 Vid. §§ 18, 20, 60. 15 Supra, § 11. 1= Vid. Mat. Paris, [Hist. Major] A.D. 1246, p. 699, 1. 10 : et postea, § 38, in text, et in marg. 1' W. Malmesbur. [de Gestis Pontif.] Idb. III. [p. 267, 1. 58. Vid. § 8.] i» W. Malmesbur. de Gestis Regum, Lib. I. [p. 31, 1. 10, etc.] li* [Malmesbur. de Gestis Pontif. Lib. in.] [p. 267, 1. 58.] 2" Gervas. Dorobern. [Actus Pont. Cant.] col. 1663, 1. 56. 21 Ibid. A.D. 1186, col. 1485, 1.63: Non est ante hsec tempora archiepiscopo Cantuariensi talis illata injuria, ut in piovincia ejusdem archiepiscopi, imo et in ecclesia, ut de cruce sileam, legatus aliquis mitratus incederet. 24 INCREASE OF THE PAPAI, POWER. [CHAP. province, or had the crosier carried, nor laid any excommunica tion; and when he did, the 'clergy of the place did teach, both from the kmg and archbishop, not to value it, on this ground, that in dicecesi archiepiscopi apostolicam non tenere sententiam. [The admitters of it were, by the king's command, imprisoned. The archbishop (conscious of his own rights) ^ advising not to fear it, nee aliquatenus a divinis cessarent, shewed himself no obedience to any precept came thence ; ^ excused others by taking aU as his act ; communicated with them, Rome had interdicted, in cibo et potu longoque colloquio ; yet *not admitting the pope's absolution for vahd of those himself had excommunicated. And another having in a visitation given such distaste to the house of St Augustine, as they were forced to ask from Innocentius IV. letters in their favour ; they ^ being given him, he so httle esteemed them, as scarce read he made a present of them to the fire; not at all revoking any sentence by him formerly laid, ^sed easdem ratas et firmas esse promulgavit. But where some may think, by the chronicler of the abbey, as if the abbot by second letters obtained his indemnity, I conceive him mistaken ; .for those which he gives for the second (which you may hkewise see in Matthew Paris his ''Additamenta, who then writ, about a hundred and thirty years before Thorn) bear date eight days before the other ; and therefore could not be revocatory of what themselves preceded : as Thorn himself mentions not any effect they wrought. So that we may fully conclude, these pre lates did no other than what the known rights of their see did lead them unto ; following the examples of their predecessors, and amongst others of ^St Dunstan, who stands as well in the calendar of saints and register of archbishops of Canterbury.] 18. As for councils, it is certain none from Rome did, till 1125, [intermeddle in calling] any here : if they did come to them, as to Calcuith, the king, upon the advice of the arch bishop, ^statuit diem concilii. So when WiUiam the first held one at Winchester, 1070, for deposing Stygand, though there 1 Gervas. Dorob. a.d. 1187, col. 153., 1. 37, etc. = [Ibid. col. 1529, 1. 63.] 8 [Ibid. col. 1532, 1. 46.] * [Ibid. col. 1546, 1. 30. Vid. infra, §§ 73, 74.] = [Mat. Paris, a.d. 1253, p. 879, 1. 15, ] [W. Thom, col. 1901, 1. 17.] ' [Ad calc. Hist. Major, p. 189.] " [Vid. Capgrav. Nova Legenda, in Vita Dunstan. fol. 93, b, col. 2.] " Spelman. Concil. [Tom. I.] p. 293. III.] INCREASE OF THE PAPAL POWER. 25 came to it three sent from Alexander IL, yet it was held, '•>/«- bente et presente rege, who was "president of it. The difference touching precedency between the sees of Canterbury and York 20 having been before the same pope, and by him sent back for a determination at home, it is observable, that, in a council said therefore to be called, ex prcecepto Alexandri papoe annuente rege, the pope's legate subscribed the sixteenth, after all the Enghsh bishops : as is truly i^recorded in the Antiquitates Bri- tannicoB Ecclesice, agreeing with a very ancient MS. copy I have seen of the said council; as Diceto and others do "rank him after the king, Canterbury, and York. If any shall ask whether I have met no copies in which he was placed otherwise, I must confess I have seen some books wherein he was above the Eng lish bishops, next after the queen; but they were only late transcripts, not of any antiquity; as in a '*book of Croyland writ since the beginning of Henry VII. 19. The pope, for many years now past, for being a spiritual pastor, and patriarch of the west, hath been treated with more reverence than any bishop, and for being a potent temporal prince, with more observance than merely a ghostly father. A '^ grave writer notes, Henry I. having gone through the troubles were on him with his brother, and likewise Anselm, subjugatis omnibus inimicis securus erat,. . . nee aliquem ut pri- nrdtus formidabat, prceter papam ; et hoc non propter spiritua- lem, sed t&mporalem [auctoritatem et] potestatem. Which, as it is recorded of that prince, so no question is true of many others. 20. By which we may see, when Rome did in former times apostolica authoritate prcedpere, it was to bishops (whom he styled his brothers,) no other than such fraternal commands. i» Florent. Wigorn. [Chronicon] a.d. 1070, p. 636. 11 Vita Lanfranc. c. vi. p. 7, [prefixed to the Paris edition of his works.] 1' Note, you must see these subscrip. tions in the London edition, 1672, [p. 95], for in that of Hanau, 1605, [p. Ill], they are for the most part (I know not on what warrant) omitted. 12 R. de Diceto [Abbreviat. Chron.], qol. 486, 1. 24. 14 In Biblioth. Cotton, fol. Ixxlv. [The only MS. now surviving in the Cotton Library, which at all answers ta this description, is Vitae Abbatum Croy- landia:, Vespasian, B, xi. 76. It is also printed in Gough's Antiquities of Croy land, Append. No. Lxvi. There seems, however, no passage in this Chronicle like that referred to in the text.] 1= Mat. Paris, Hist. Minor, ad an. 1107. [A MS. in C. C. C. library, Cambridge, numbered LVi.] 26 INCREASE OF THE PAPAL POWER. [CHAP. the elder may and doth ordinarily lay upon the younger bro-- ther, of whom he is sohcitous ; such as St Paul's were 'to the Thessalonians, ^ Philemon, &c. No other than of late Calvin's were to Knox, who being chosen by certain of Frankfort to be preacher unto them, ^their " vocation he obeyed, albeit un- 21 wihingly, at the commandment of that notable servant of God, John Calvin." And a httle after, the lords of Scotland sendmg for him home, *did accompany their letters to him with others to Mr Calvin, craving of him, that by his authority he would command the said John once again to visit them. And truly whosoever will, without partiality, seriously consider the whole contexture of our laws and histories, weighing one circumstance with another, must conclude the pope's commanding to have been volentibus, not nelentibus, (as * St Hierom says those of a bishop ought to be) for if disliked, his precepts were ^questioned, ^opposed, ^those he sent not permitted to meddle with that they came for, their prohibitions that others should not, neglected. The English having ever esteemed the church of Canterbury in; spirituals, that is, quce sunt ordinis, without any intervening superior, ^omnium nostrum niater communis sub sponsi sui Jesu Christi dispositione ; in other things, as points of government, the ordering that, of right and custom, ever to have belonged to the king, assisted '"with his council of bishops, and others of the clergy; who was therefore called Vicarius Christi, &c., as I shall shew hereafter more at large. The church of England holding that of St Augustine "an undoubted truth: In hoc reges, sicut eis divinitus prcecipitur, Deo serviunt in quantum reges sunt, si in suo regno bona jubeant, mala prohibeant, non solum quce pertinent ad humanam societatem, verum etiam quce ad 1 2 Thess. iii. 12. 2 Philem. 8. ^ Knox, Hist. Church of Scotland, p. 93, [ed. 1644.] 4 Ibid. p. 110. ° Ad Heliodorum Epitaph. Nepo- tiani, Tom. I. [p. 25, B.] « Eadmer. p. 92, 1. 40 : p. 125, 1. 29. ' Gervas. Dorobern. [Imaginationes de Discord.] col. 1315, 1. 66, etc. : col. 1316, 1. 8, etc. : col. 1318, 1. 39 : [Chro nica] col. 1359, 1. 41, etc. : W. Thorn. [Chronica] col. 1802, 1. 26: col. 1848, 1, 28 : and these may serve in lieu of many others, [which] may be alleged. ' Gervas. Dorobern. col. 1558, 1. 56. " Ibid. col. 1663, 1. 24 : col. 1615, 1. 62. 1° " Si episcopi tramitem justitis in aliquo transgrederentur, non esse regis, (viz. alone) sed canonum judicium ; sine publico et ecclesiastico concilio illos nulla possessione privari debuisse ; regem id non rectitudinis zelo, sed commodi sui compendio fecisse." Malmesbur. [Hist. Novell. Lib. ii. p. 182, 1. 6, etc.] reports' this saying of a legate. Vid. § 24, infra. 1' Contra Crescon. Grammatic. Lib.' III. c. 51 : Tom. VII. [p. 185.] HI.] INCREASE OF THE PAPAL POWER. 27 divinam religionem : and accordingly our kings, so far as any laws or records of their actions are extant, from Ethelbert by the Saxons to the conquest, and from the Normans to these later times, have upon occasion exercised a power, shewing such titles were not in vain conferred on them. Neither did any decision, though never so punctuaUy had in Rome, unless the ¦¦parties agreed, stint the strife, tiU the king [and English church] concurred with it ; as the frequent determinations on the behalf of Canterbury in point of superiority above York, found in '^Malmsbury and others, may teach us ; which yet never received a final end, till Edward IIL, under the great seal, set a '^period to tliat long controversy. [See n. 74, 75.] 21. But after the pope began to think (or rather to say) himself had only ^''•plenitude ecclesiasticce potestatis; '^that no council could give laws to him, but all receive strength from him; and the canonists' flattery extended to declare him ^^ supra jura, et in eo suffidt pro ratione voluntas; — his missives ran in a higher tone than formerly, and his commands, which were at first after 'Uhe example of St, Paul, exhortations, en treaties, and the like, to carry ^^ apostolica auctoritate com- primere; and to the archbishop demurring in the execution of them, ^^tuum caiidelabrum concutiemus, et tantam prcesump- tienem cum gravibus usuris, [auctore Domino] exigemus; and ^si ..... mandatum nostrum [infra statutum terminum] neg' lexeris vel distuleris adimplere, quia justum est ut ei obedientia subtrahatur qui sedi apostolicce neglexerit obedire, venerabi- libus fratribus [nostris] suffraganeis tuis, per scripta nostra, mandavim,us, ut tibi reverentiam [et obedientiam] non im,pen- •dant. Quod si [forte ab eis vel eerum aliquo contra prehibi- tionem nostram] tibi feceris [aliquam obedientiam et reveren- tiarn] exhiberi, scias te tunc ab episcepali dignitate suspensumi &c. — phrases and manners of writing denoting much more of 12 W. Malmesbur. de Gestis Pontif. Lib. I. [p. 206, et seqq.] 1^ Antiquitat. Britan. p. 244, 1. 54, in Simone Islippe [ed. Hanov. 1605.] 14 De Auctoritate et Usu Pallii, c. 4. [Corpus Juris Canon. Tom. II. p. 29.] 1^ De Electione, etc. c. 4. [Ibid. p. 14.] 1^ Lyndewode, [Provinciale, Lib. i.] de temporibus Ordinationum [p. 28, note q] " Philip, iv. 3 : [Vid. Sergii Epist. Episc. Britanniffi, circa an. 693, de re- ceptione Britwaldi in Archiepiscop. Can tuar. apud Malmesbur.] [de Gestis Pon- .tif. Lib. I. p. 209.] 18 W. Thorn, [Chronica] col. 1801^ 1. 53. 1" Ibid. col. 1814, 1. 34. ^1 Gervas. Dorobern. [Chronica] A. d. 1198, col. 1602, 1.64, etc. 22 28 INCREASE OF THE PAPAL POWER. [CHAP. authority than was used by popes in elder times. By which is manifest, the point in difference between the archbishop and the pope to have been not the sending a legate hither, but of one with a power above him, to command the English clergy, that is, to remove their dependency from him to Rome, as a superior over him. 22. To his gaining which, these usages of the archbishops were great stops ; drawing so near an equality, and so pregnant 23 testimonies of his no-divine right to meddle here, not easy to be removed, unless some from the pope were admitted into the kingdom, that might at least give an essay to the guiding the Enghsh church after the papal interest : but that, how. earnestly soever pressed, came to no effect, till 1125, Johannes Cremensis, a person well understanding (as 'appears by his carriage six years before at Rheims) the designs of Rome, ^came to the king in Normandy ; where, after a long stay, his journey hither was permitted, with what quahfications I find not, [other than that it seems the archbishop did not admit the clergy meet on his summons ; for the writ, convocating the prelates to council, went in his name, viz. ^that the legate ordinatiene nostraque con- niventia concilium celebrare disposuit Lundonice Prepterea prcecipimus, ut in eodem loco nobis occurras, etc.] But coming with letters to Canterbury at Easter, [he] performed the office of the day in a more eminent chair as an archbishop, for so I Enghsh loco summi pontificis, according to the * phrase of those times ; and, though a cardinal priest, used insigniis pontificalibus "the habit of a bishop ;" which, being ^an unusual novelty, passed not without scandal. But in the council which he held and pre sided in at London, the kingdom took more offence. I shall defiver it in my author's own words ; ® Totam Angliam in non modicam commovit indignationem : videres enim rem eatenus regno An glorum inauditam, clericum scilicet presbyterii tantum gradu perfunctum, archiepiscopis, episcopis, abbatibus, totiusque regni nobilibus qui confluxerant, in sublimi solio prcesidere; illos autem deorsum sedentes, ad nutum ejus vultu et auribus ani- 1 Orderic. Vitalis, [Eccl. Hist. Lib. XII.] p. 862. 2 Simeon. Dunelmens. [Histor. de Gestis Regum Anglia, inter Scriptores X.] A.D. 1125, col. 251, 1. 61. 2 [Spelman. Concil. Tom. II. p. 33.] " Eadmer. p. 107, 1. 33 : p. 113, 1. 47: Gervas. Dorobern. col. 1663, 11. 42—49. ° "Inusitata [negotii] novitas." Ibid. 1.48. n Ibid. 11. 34—42. IIL] INCREASE OF THE PAPAL POWER, 29 mum suspensum habere. From whence we may conclude it a thing before not heard of, for any legate, though a cardinal, to^ precede bishops, (the first council, in which they preceded arch-^ bishops, I take to have been the council of Vienne, 1311 ; where the archbishop of York is noted to have been placed ''primus et prcBcipuus post cardinales, et post Trevirensem archiepisco pum ;) or be seated in a more eminent place over them ; (I have *shewn they did not subscribe in Enghsh councils above them ;) that these mutations were scandalous to the nation. [Yet here it stayed not ; for, in after ages, he became so omnipotent, as the archbishop having summoned a convocation or synod at St Paul's, cardinal Wolsey, by his authority legatine, removed it to Westminster; whence arose ^the proverb, that 'St Peter had shaven St Paul's beard.'] 23. As this is the first ecclesiastic synod managed by any 24 legate from Rome ; so before his credential '"letters from Hono- rius II. , as weU to the lay as clergy, I have not met with the text, ^Pasce oves meas, used to prove the pope general pastor [or governor] of all the world : it is true, Paschahs IL, '^ten years before, uses it to shew his authority over '^bishops ; but neither doth '* Anselm, 1095, produce it, neither doth this cardi nal at '^Rheims, 1119, mention it ; though either of them did allege as many places of scripture as were then common for the extent of his power ; and Petrus Blesensis, that lived a httle after, i^ interprets it as spoken to all bishops, and to import no other than evangelizare : [and to be but Pasce eucharistia, pasce doctrina, pasce bona vita; and again, Pasce doctrina, pasce vita, pasce morte ; nothing of rege imperio,J a certain sign, if that exposition were hatched before, it was not common ; which, afterward approved by ^'St Bernard, and inserted into '^the ^ Thom. Stubbs, [Actus Pontif. Ebo- racens. inter Scriptores x.] col. 1730, 1. 30. « Supra, § 18. » [Hall's Chronicle, I5o Hen. VIIL] [fol. 110, b.] 1" Apud Simeon. Dunelm. col. 252, 1.22. 11 John xxi. 15, 16, 17. 12 Apud Eadmer. p. 115, 1. 9 : a.d. 1115. 1' " Ecclesiarum praepositi," [Ibid.] " Eadmer. p. 27, 1. 37, etc. " Orderic. Vitalis, [Eccl. Hist. Lib. XII.] p. 862. 1" Pet. Blesensis Epist. cxlvili. [Opp. p. 233.] [Serm. xliv. xlvi.] [See the Mentz edition of 1600, by Basaeus, for the references to the Sermons; pp. 454, 460. The Paris edition of 1667 contains a collection of Sermons entirely differ ent.] 1' De Consideratioue ad Eugenium, Lib. II. c. 8. [Opp. col. 871.] 18 Extravagant. Decretal. Commun. [Lib. I.] de Majoritate et Obedientia, c. 1, [ed. Taurini, 1620.] 30 INCREASE OF THE PAPAL POWER. [CHAP. canon law by Boniface VIIL, about the year 1300, is now stood upon as the basis of papal greatness. But to return to that we were on. 24. The archbishop, sensible of these indignities, proceeds not as his predecessor, by joint council of the bishops, abbots, and nobihty, but hath himself recourse to Rome (who already knew 'se converter e ad oratorum versutias, . . . dummodo con- sulat suis profectibus) where the pope, which was Honorius II. , committed unto him ^vices suas in Anglia et Scotia, et aposto licce sedis legatum constituit. So that he, who before was ^primas Anglice, Scotice, et Hibernice, necne adjacentium insula^ rum, that none else ^gerebat vices apostolicas in Britannia, and this of his own right, without any delegatory power, might now doing the same be said to do it by a power derived from' Rome. An invention highly advantageous to the papacy : for before the king and archbishop, or rather the archbishop by the king's will and appointment, had ever taken cognizance of all matters of episcopacy, as the erection of bishoprics, disposing 25 and translating bishops, &c. ; so Paschalis II. expostulates with Henry I., ^ that prceter auctoritatem nostram episcoporum translationes prcesumitis ; and the ^deposing of them to have been in a synod, '^historians of all times before assure us, even unto Lanfranc, who ^attempted it upon small grounds against Wulstan. As for dividing bishoprics, and erecting new where none were, 'Theodore did five in Mercia cum consensu regis et principum [illius], (without ever sending to Rome) as he did others '"elsewhere. Henry I., long after, placed episcopal chairs at Ely and Carlisle, without acquainting the popes with it. [And he and his brother did ^'^ constituere and confirmare (in Batha) sedem episcopatus totius Summersete, quce olim erat apud villam quae dicitur Wella.J It is true, Anselm, an Italian, either not knowing the rights of the kingdom, or rather out of ' W. Malmesbur. [de Gestis Pontif.] Lib. I. [p. 231, 1. 57, etc.] 2 Gervas. Dorobern. col. 1663, 1. 64, etc. = Eadmer. p. 14, 1. 13 : p. 30, 1. 9 : p. 93, 1. 3. * Ibid. p. 58, 1. 43. ' Ibid. p. 115, 1. 48. ^ [Ibid.] p. 129, 1. 52. See § 20. ' Vid. Bed. Lib. iv. c. 2, 6 : Ger vas. Dorobern. col. 1638, 1. 37. " Mat. Paris, [Hist. Major] a.d. 1095, p. 20, 1. 46:" Ailred. Rievallens. [de Vita Edw. Confess.] col. 406, 1. 10. ^ Florent. Wigorn. [Chronicon] a.d. 680, p. 685. 1" Bed. Lib. in. u. 7 : Lib. iv. c. 6, 12: Lib. v. c. 19. 11 [Charta Hen. I. apud Monastic. Anglican. [Tom. I.] p. 185, b, 1. 46.] in.] INCREASE OF THE PAPAL POWER. 31 a desire to interest the pope in every thing, writes to him of Ely, that ^^de vestrce pendet auctoritate prudentice to add strength to ecclesiastic ordinances of this nature ; yet it is clear by his very letter, the king, bishops, and nobility had already concluded on it, with whom he had concurred, asking Paschahs' assent after the deed done : which shews rather he did it in civihty, than of necessity, ne a posteris ulla prcesumptione violetur, that no cavilling might arise in the future to the dis^ turbance of an action well settled, that passed by so great advice, as not only the Enghsh church, but the first bishop of the world and patriarch of the west, joined in seeing the needfulness of it. And it is here not unworthy the remembering, that queen Mary, how much soever addicted to Rome, yet admitted the '^bishops of those sees her father had erected during the schism (as they called it) to sit in parliament, before any confirmation of them by the pope. 25. Of these and the like, though cases proper for the "papacy alone, yet being without scruple exercised in the church 26 of England, and no control from Rome, it would not be easy to dispossess the archbishop of meddling with, by strong hand; especially on an essay made before in the case of Wilfred, it being affirmed, ^^quod esset contra rationem, homini jam bis a toto Anglorum concilio damnato, propter qucelibet apostolica scripta communicare. The way therefore of making him the pope's legate was invented, by which those particulars he did before without interruption of his own right, he (whom it was not easy to bar of doing them) might be said to act as his agent; which was about '^this time first committed unto him of any archbishop of Canterbury ; though ^^ Baronius, not finding how the very same passed before, fancies Theodore to have dona them, cui [non solum Dorovernensis ecclesice, sed] totius 12 Eadmer. p. 95, 1. 50. " Gloucester and Chester. See 'Journals of the House of Lords,' in Parliam. )o Mary, April 2, 1564; and also in Parliam. November 12, 1554, 1° & 20 Phil. & Mary. Yet the Act of reconciling this kingdom to Rome, and confirming those bishoprics by the pope, passed not till November 30 after ; how. ever, they were reputed lawful bishop rics before. 14 [Corpus Juris Canon. Decret. Part I.] Caus. III. quffist. vi. c. 7 [Tom. I. p. 180] : de Translations Episcopi, c. 1 [Tom. II. p. 28] : Bellarmin. de Con- ciliis et Ecclesia, Lib. iv. c. 8 [in Dispu tation. Tom. II. p.289, B.] 1' Apud W. Malmesbur. [de Gestis Pontif. Lib. in. p. 267, 1. 26, etc.] IS A.D. 1127. 17 Baron. Annal. Tom. VIII. ad an. 676, X. 32 INCREASE OF THE PAPAL POWER. [CHAP. Anglice a Romano pontifice veluti apostolicce sedis legato euro, credita erat. [As for the subscription in the ^Monasticon Ang Ucanum, where he writes himself Romana legations in has- fines terrae destinatus, it can import no other but that he was sent from Rome (of which see ^Bede) unless we contradict all story. But I confess, for my part, I hold those subscriptions to be supposititious; for neither did archbishops then subscribe- above princes, neither did Theodore' himself, in deeds less subject. to corruption, ^so style himself, or ever any write themselves, Sedis apostol. legatus, till long after.] And he certainly, if he were his legate, was very immorigerous in the case of Wilfred.. But to leave that as a chimcera not to be assented to, mentioned. by no ancient author, it is true, not long after, he conferred the. title of legatus natus on the archbishop, ^of which hereafter. 26. To return to the archbishop, who came home with this. legatine power 1127, ^crowns the king at Windsor, and in May following holds a council at Westminster, cui prcesedit ipse, sicut apostolicce sedis legatus; which is the first council any arch bishop is noted to have held as a papal legate, and during his. life, which was seven years, England did not see any other*. 27. After his death, the see of Canterbury lay two years, vacant, so a fit time for the pope to look this way ; especially king Stephen making it part of his title, that he was ^confirmed by him in his kingdom : therefore, 1138, Innocentius the second sent hither Albericus, bishop of Ostia, the second stranger I find exercising the legatine authority in England ; yet he was not at first received for one, but ^vix tandem pro reverentia domini papce. He indeed went farther than ever any had, called the clergy apostolica auctoritate (as our historians term it) to a synod. I confess he avoids the word in his letters of 1 [Tom. L p. 67.] = [Hist. Eccl. Lib. iv. c. 1.] " [Spehnan. Concil. Tom. I. p. 167.] 4 § 40, infra. ' [Continuatio ad] Florent. Wigorn. A.D. 1126, 1127, et seqq. [pp. 662, 663.] " [To which council the archbishop of York was summoned, and, on his neg lect to appear, Canterbury complained to the king, quasi dedignatus esset ad suum concilium venire : yet his majesty re plied, et merito ; magnum enim ei dede- cus in mea curia fecisti, mihi vera non minus. Stubbs, de Archiep. Eboracens. in vit. Thurstan. col. 1720, 1. 15. See more, c. v. § 12.] ' Apud W. Malmesbur. [Hist. No vell. Lib. 1. p. 179, 1. 35] : Johan. Ha gustaldensis Hist. Continuat. [inter Scriptores x.] col. 259, 1. 9 : Richard. Hagustaldensis Hist, [inter Scriptores. X.] col. 314, 1. 18 : cf. col. 313, 1. 32. ° Gervas. Dorobern. col. 1344, 1. 6. [" Demum suscipitur." Continuatio ad Florent. Wigorn. p. 669.] III.] INCREASE OF THE PAPAL POWER. 33 summons, styhng it ^colloquium, perhaps not to enter into dispute with the king [and archbishop], who then 'took them selves to be the only '"callers of them, and the allowers of what they did, [removed some and instituted others in abbacies, assigned "a day for appearing in Rome,] commanded the prior and convent of Canterbury, &c., '^to choose such an archbishop, cui sacrorum canonum auctoritas in nullo valeat obviare, cui [etiam] comprovindales episcopi pariter debeant assentire, et cui dominus [noster] rex nee possit nee debeat assensum suum juste denegare : but farther not at all intromitting himself. And in the council he held, amongst other particulars, he ordained, that if any injured an ecclesiastic person, ^^nisi tertio admonitus satisfecerit, anathemate feriatur, neque quisquam ei prceter Romanum pontificem, nisi mortis urgente periculo, modum poenitentice finalis injungat. This is the first that, by canon, aught done in England was referred to Rome, as having a greater power than the English bishops to absolve : (of the laws of Henry L, I shall speak "hereafter). But whether it were not here much regarded, or the excesses used by king Stephen against certain bishops, and the prohibiting a council held at Winchester to send to Rome, as ''against the dignity of the realm, or that he, freed of imprisonment, desired to make so potent a party, as the clergy then was, more of his side, I cannot say ; but it seems to have been again renewed in a •* council at London about some four years after, [if the author do not mistake the time]. 28. The same pope, 1139, conferred upon Henry, king Stephen's brother, and the potent bishop of Winchester, this legatine power, which was by him published in a council at Winchester, where his faculties were read "'bearing date the 1st of March ; and being as weh ^^ Anglice dominus by reason of the power he held with Stephen, as apostolicce sedis legatus, he called thither the archbishop, that had then some contest with 28 ^ Gervas. Dorobern. col. 1346, 1. 68. "> Eadmer. p. 6, 1. 29 : p. 24, 1. 11. 11 [Johan. Hagustald. col. 264, 1. 68.] '2 Gervas. Dorobern. col. 1347, 1. 3, etc. " Cap, ix. apud Gervas. Dorobern. col. 1348: Richard. Hagustald. col. 328, 1. 6, etc. 14 § 30. [twysden.] " W. Malmesbur. [Histor. Novell. Lib. II. p. 183, 1. 35.] IS Hen. Huntindon. a.d. 1142. [Hist. Lib. VIII. p. 393,1. 8 : inter Rerum An glicarum Scriptores.] 1' W. Malmesbur. ubi supra, p. 182, 1.29. " Gervas. Dorobern. col. 1343, 1. 44. 34 INCREASE OF THE PAPAL POWER. [CHAP. the monks of St Augustine's, (whom the pope generally fa voured against him) referred to his decision from Rome, so that he caused both parties the 'second time to appear there before hun, 1143, as legate, and by compromise ended the busmess. Yet this callmg of the archbishop ^unto him was not taken weU ; and the same year, 1143, he did by apostolic command restore Jeremy, removed by Theobald (notwithstanding his appeal to Rome), to be prior of Canterbury : which restitution the said prior did not think fit to stand by, but for avoiding trouble took an hundred marks to pay his debts, and placed himself in St Augustine's. By these carriages there grew distastes be tween these two great prelates ; the one, as archbishop, prohi bited Winchester ^all ecclesiastic functions, however the pope's legate ; and both apply themselves to Rome : from whence our historians do fetch the use of appeals to it — as indeed there could not weU be any cause of them before — for as the one case is the first ever any archbishop was called out of his diocese to make answer to any legate as his superior ; so I behove it will be hard to give an example of aught done by the archbishop in his own bishopric till now altered by a foreign authority. And here, having mentioned the introducing of appeals, the reader will give me leave to digress a httle, both to shew what is meant by them, and the manner of prosecution of them ; and then *to return, and observe the event of the archbishops and legates in the court of Rome. 29. It cannot be denied, the word "appeal" to have been used in former times with reference to the papacy. * Cum prce- sul sedem apostolicam appellasset, sajs Malmsbury of Wilfred ; and a council held in Italy concerning him, ^apostolicam sedem 9 de sua causa appellans : and so of some others. Yet nothing is more certain than those, in whose time this was, did not at all hold the pope to have any power of righting him, other than by ¦ W. Thome, col. 1803, 1. 32. 2 Gervas. Dorobern. col. 1665, I. 25 : Indignatus Theobaldus. 3 Johan. Hagustald. col. 275, 1. 42 : Interdixit [etiam Archiepiscopus!] epi- scopo episcopale et sacerdotale oificium. 4 §40. " W. Malmesbur. [de Gestis Pontif. Lib. HI. p. 262, 1.25.] « Bed. Lib. v. c. 19, [p. 207, 1. 32.] et in Ingulpho MS. seu Additionibus ejus, in Biblioth. Cotton. [There is now no MS. of Ingulph in the Cotton Library. It was probably destroyed in the great fire. In Dr Smith's Catalogue (Oxon. 1696) there is the following entry, p. 71 '• Historia sive, ut titulus habet, descriptio compilata per D. Ingulphum Abbat. Monast. Croylandias.] III.] INCREASE OF THE PAPAL POWER. 35 intercession ; not as a superior court, by sentencing in his favour, to undo what had passed Theodore ; '^without whose assent the kmg could not have deprived him of his seat, for When the pope's ^letters were brought hither for his restitution, Egfrid, with the advice of his bishops, not only refused, but clapped Wilfred in prison ; and after his death the ^pope sending others vita graves et aspectu honorabiles, Aldfrid, though he received the men with great reverence, yet would by no means admit the restoration they came about, but affirmed it against reason to do it, he having been twice condemned [a toto Anglorum concilioj propter qucelibet apostolica scripta. 30. For the understanding of which, we are to know the word "appeal" is taken several ways; sometimes '*to accuse, some times for referring ourselves to some one for his judgment ; such was that of Wilfred's appeahng to Rome, as to a great spiritual doctor and church, whose judgment was very venerable in the world ; as of late John Calvin's and the church of Geneva was to them of Scotland and Frankfort, &c. Another way we take it for removing a cause from an inferior to a superior court or judge, [whom all parties acknowledge invested with a legal right of vacating, upon full hearing and just cause shewn, any former sentence or proceeding] : and this is that our historians affirm not to have been in use till after 1140. [But — because I find this example of Wilfred much insisted on, as expressing ""evidently both the acknowledgment and ex ercise of the pope's authority in those days, as also the devout and prompt obedience of our christian kings and prelates there unto, in that holy time of our first primitive church" — and '^another, to " wonder at the late archbishop of Canterbury," of happy memory, "for ^^ saying, in ancient time, Britain was never subject to Rome," (than which there is nothing more true) ; and will evince by the appeals of Wilfred (in the times of the ' Stubbs, Actus Pontif. Eboracens. col. 1691, 1. 10. * W. Malmesbur. [de Gestis Pontif. Lib. III. p. 264, 1. 10.] s Ibid. p. 267, 1. 25. '» "Blattius de proditione Dasium appellabat." Liv.Lib. xxvi.c.38. Such were those appeals in Parliament, 11° & 210 Ric. II., which might be otherwise called accusations. [Vid. Rot. Pari, sub ann.] JSee also Sir Edw. Coke's Insti tutes, Parti, fol. 123, b, § 189: fol. 287, b, § 500.] 11 |[Catholicke Devine, Answere to Syr Edw. Cooke, cap. vi. § 53, p. 135.] 12 [Labyrinthus Cantuar. p. 189, § 5.] 1^ [Relation of a conference [with Fisher, by Archbp. Laud] § 25, n. 10, p. HI,] [ed. Lond. 1673.] 36 INCREASE OF THE PAPAL POWER. [CHAP. Saxons) to have yielded obedience to that see — I shall beg leave a httle to digress. [Wilfred, bred in France and Italy, whoUy addicted to the customs of Rome, after his having been some years in York, there grew so great differences between him and Egfrid, king of the Northumbrians, as he was removed from his episcopate in the year 678 : yet not by violence, but canonicahy ; Theodore, the then archbishop of Canterbury, and divers other bishops joining in the action, 'without whose concurrence the king alone could not have displaced him. Upon which, he addresses himself to go to Rome, and after long expectance comes thither, ^tandem aliquando coram apostolico papa causam dicturus ; where, in a petition to Agatho the then pope, he shews his putting out to have been ^contra jus regularium sanctionum, ^c; yet that he had not appeared upon this injury contentious (as indeed I do not see it could have availed him, removed by the general consent of the king and Enghsh bishops) ; desired such as were the invaders of his preferments might be expelled, &c. Agatho (as what might conduce to the advantage of the papacy) shews himself well content at his petition ; especially, at that clause of seeking to him for restitution, without imploring secular aid. This a council, then assembled at Rome, would needs interpret an appeahng to that see, and is therefore said to have been so by such as writ after it, though Malmsbury remembers such as heard it, laughed at his endeavouring to have recourse thither. . . . [But that synod making a decree in his favour, Wilfred comes home gloriabundus, Egfrid still governing the north *pio moderamine ; where he met (notwithstanding all his letters and determinations) cold entertainment, the king hardly admitting him to his presence, and on reception of the pope's missives, • after consultation had with his bishops, lays him in prison : releasing him, as the event shews, on no other terms but to avoid those parts. He, being freed, converts the west Saxons. Theodore, not regarding any thing from Rome, continues three bishops in the north, where Wilfred alone had governed ; and in ¦ [Sim. Dunelm. [episU ad Hugonem interScriptoresx.]col.78,1.17, et Stubbs, Actus Archiep. Ebor. col. 1691, 1. 9.] 2 [Bed. Lib. v. c. 19,] [p. 206, 1. 31.] ^ [Malmesbur. de Gestis Pontif. Angl.] [Lib. iii. p. 263, 1. 46.] 4 [Sim. Dunelm. [Histor.] col. 92, 1. 14.] in. J INCREASE OF THE PAPAL POWER. 37 the year 685, in ^York at easter, ordains St Cuthbert to Holy Island : not long after which, Egfrid fighting against the Picts dies (leaving Wilfred in exile), to whom Aldfrid succeeded. A.D. 686, St John of Beverley is made bishop of Hexham, an episcopacy had belonged to Wilfred : so hitherto there is no probabihty of any reconcilement with Theodore. For no man can think, in 685, himself would have consecrated Cuthbert, in 686 admitted John to Hexham, had he aUowed the decrees of Rome as binding here ; so that the pacification, Malmsbury men tions, must be after that Theodore is said to have interceded with Aldfrid for his former preferments. Upon which a council is summoned at York, which doth ^restore him, yet without vacating what had passed Theodore formerly: for not long after Britwaldus and the English bishops required his obedience to those acts of the archbishop, which, what they were, may be gathered by his petition delivered to Agatho, and another about twelve years after (his second expulsion) to John VII. By which it appears, the English church — finding Wilfred to have been archbishop of York, abbot of Hexham, Ripon, Holy Island, in fine, ^sole superintendent in the north — did in his absence restore and erect two new episcopal chairs, one at Holy Island, the other at Hexham ; and Aldfrid, a pious learned prince, intended a third at * Ripon. Wilfred, when he returned, brought from Rome the decree of a council there held in these ^ words: Statuimus atque decrevimus, ut Deo amabilis Wilfridus epi scopus episcopatum, quem nuper habuerat, suscipiat, et quos cum consensu concilii ibidem congregandi ehgerit sibi adju- tores, a sanctissimo archiepiscopo ordinati promoveantur episcopi, expulsis procid eis, qui in ef'us absentia in episco patum enormiter missi sunt — et ccetera, quibus interdicunt hcec non suscipientes decreta. Of this resolution at Rome, being now seated in York, it seems he began to make use ; upon which, as contrary to the Enghsh hberties, the king, archbishop, bishops '"charge hint with disobedience to the and English * [Rich. Hagustald. de Episcop. Hagust. Lib. i. c. 10: [inter Scriptores x.] col. 295.] ^ [Malmesbur. in vita, et Rich. Ha gustald. col. 296, 1. 23.1 ' [Stubbs, Actus Pontif. Eborac. col. 1690, 1. 67.] s [Malmesbur. iitsupra,][p. 265,1. 50.] 3 [Ibid. p. 264, 1. 2, et seqq.] 1° [" Aldfrido et plurimis episcopis eum falso accusantibus de transgressione prEBceptorum Theodori." Rich. Hagus tald. col. 296, 1. 23 : et Malmesbur. in vita,] [p. 266, 1. 5.] 38 INCREASE OF THE PAPAL POWER. [CHAP. decrees of Theodore ; and, in fine, after four years' contest, ex pelled him out of his diocese : who retires • into Mercia, and having been outed twelve, and aged seventy years, enters on a second journey to Rome. Where, by petition to John VII., he shews he was compelled to have recourse to the holy apostolic see, by reason of certain troubles lately risen in Britain ; where the determinations (now not found) issuing from that chair in his favour, from Agatho and Sergius for his restitution had not been received, and where his opposers, if they had any thing whereof to accuse him, might likewise appear. And, having had experience how little entertainment the determinations of Rome found here, desired the pope would grant him recommendatory letters to Ethelred, king of Mercia, and Aldfrid of Northumbria; promising obedience to all the decrees of Britwaldus, not re pugnant to those had issued from that see. To which last, when such as were present for the Enghsh were wished to make answer, they replied somewhat sharply, but according to the rights of the nation, that he, having said in council he would not obey the decrees of Britwaldus, was to be punished capitally ; which right the kingdom had ever retained as to take no regard to any foreign sentence. See ^ 73. What to do in this seems not easy for Rome to pitch upon, (it being evident England would not admit him on any terms but their own) ; so that this produced not less than seventy 'conventions there in four months. In the end, the way taken was by letter to intercede for his reception, without making any determination in the case : yet so far from justifying the former sentence, as what Theodore never had shewn to im pugn (which, if true, was questionless knowing it contrary to the rights of England to admit any such appeals or judgments); and because Egfrid seemed to be of opinion (perhaps not willing to fall out with Rome) the former had been ^extortapretio, non impetrata judicio — to send messengers to the kings of Mercia and Northumbria, with a sober letter, yet extant, advising the caUing a council here, in which all parties might be heard. Siquidem apud illam synodum potuerit rem determinare, gra tum erit nobis ; sin autem moneat eos ad sedem apostolicam, accurrere, ut majori concilio deddatur, quod hactenus termi- 1 ["ConcJliabula," Malmesbur.] [p. I ' [Malmesbur. ut supra,] [p. 264, 1. 266, 1. 53.] 42.] III.] INCREASE OF THE PAPAL POWER. 39 nari non potuit^ — so, in some manner, remittuig hither to the English the reviewmg what, had already passed at Rome*. [5 Wilfred coining home, with the messengers sent from pope John, found the king of Mercia and the archbishop easily persuaded: some thought, the threats of the legates moved Brithwald (which is altogether improbable ; for they were' like- Her to have wrought on the inferior bishops, which, suo more, opposed his restitution). But coming to Aldfrid, he at first spake fairly to them, yet appointed a day for givmg his fuller answer; at which, he would by no means assent to any restoring of him, giving this reason, it was unfit one, condemned by two Enghsh councils, should be restored for any apostohc writing whatsoever. But this prince taken away within a few months after, and his son Osred, a child, succeeding, governed by a tutor Brithfredus, the archbishop of Canterbury adviseth him to summon a council, at which was present Elfleda, sister to the late king, who suc ceeded Hilda in the monastery of Whitby, and as much made for Wilfred, as Hilda had been against him : with whom Brithfredus joining, the Enghsh bishops strongly opposing them, in the end a middle course is taken, viz. not to reject the intercession of the greatest patriarch and first bishop of the world, from whose see they had learned Christianity ; yet to maintain the rights of their own churches and kingdom. [Bosa had been bishop of York in Wilfred's expulsion, and St John of Beverley of Hexham : of these two, York had ever been the "metropohs, and both belonged to Wilfred. The synod, therefore, promotes John from Hexham to York, then vacant by Bosa's death, and placeth Wilfred in Hexham and Ripon; which Wilfred accepting, gave general content to the rest. [How this story can be drawn for Rome to ground a right of appeals, or jurisdiction over the English church, I confess I do not see. AU attemjits from thence, by the Enghsh kings and church, being so stoutly resisted, I may add farther, this was a time 'when the nation did most flourish, piety had the happiest progress in it, having fortissim,os christianosque reges, every one desirous to learn and instructors at hand to inform them. 3 [Malmesbur. p. 267, 1. 57, etc.] 4 [In these times there was no ques tion but an archbishop might be tried by an English synod.] * [See the following circumstances narrated at length by Malmesbury, p. 268.] 6 [Rich. Hagustald. col. 286, 1. 16.] ¦ ' [Bed. Lib. iv. c. 2,] [p. 143, 1. 12.] 40 INCREASE OF THE PAPAL POWER. [CHAP. 30 the kings persons against whom no exceptions can be had. Beda, ^adulari nescius, says of Egfrid, he was piissimus et Deo dilectissimus ; the like doth ^ Simeon Dunelmensis, or rather Turgotus ; no elder writing passing him, without remembering his sanctity, as one built two monasteries and royally endowed them.' Of Aldfrid, they 'report him to have been a prince, well seen in divine and human learning, at whose increase of religion, "John VII. rejoiced, seeing the fervour of his faith. Those who "sided with them against Wilfred, men of great sanctity, standing in the calendar of the Enghsh saints, Theo dore, Britwaldus, John of Beverley, Bosa, Cuthbert, Hilda — of whom the pope gives the testimony of her being an abbess of religious memory — so that it is not imaginable, they ventured on aught not complying with the rules of the christian church. And here we have to consider what the actors themselves were, not how succeeding writers censured them, when obedience to Rome was by some more cried up. It being not to be denied, but God out of his secret wisdom sometimes permits a good cause to be worse thought of afterwards than at present it merited ; yet it is certain this was so little to the papal advantage, as in four hundred years succeeding, a second appeal was not attempted. ' I cannot pass away without commending Baronius as well for his judgment in this as his industry (which all must acknowledge); who, however he was "too diligent (if we credit bishop Monta- cute) in compiling his annals out of the lives and passions of saints, omitting other writers of better note, yet, when he treats of Wilfred, contents himself with what he finds in ''Bede, epi tomising it ; not as in Malmsbury, where the passages are much more fuUy related, but less agreeing with the now pretensions of Rome.] Long after Wilfred, ^the bishops and nobihty did assure 1 [Malmesbur. de Gestis Regum, Lib. I.] [p. 20, 1. 69.] ^ [De Dunelmensi Ecclesia, Lib. i. t. 9, p. 5, a, 1. 9 : Sim. Dunelm. Histor. col. 92.] [Both these treatises are printed among the Scriptores x. The authorship of the former has been much questioned. Fabricius (Biblioth. Latinitatis Med. et Iniim. jEtat. Tom. VI. p. 278,) assigns it to Turgotus. See, also, Bp. Nicol- son's English Historical Library, p. 128.] ' [Bed. Lib. iv. c. 26,] [p. 175,1.4.] [Malmesbur. de Gestis Regum,] [p. 21, 1. 1.] 4 [Malmesbur. de Gestis Pont.] [p. 267, 1. 40.] 5 [Ibid. 1. 37, etc.] " [Rich. Montacut. in Prsefat. Ap- parat. [ad Origines Eccl. Oxon. 1635,] §61.] ' [Baron. Tom. VIII. ad ann. 672, 679, et passim.] « Eadmer, p. 39, 11. 21—38. III.] INCREASE OF THE PAPAL POWER. 41 Anselm that for any of the great ones, especially him, to have recourse to Rome without the king's leave, to be inauditum et usibus ejus omnino contrarium; and therefore required of him an oath, quod nunquam amplius sedem sancti Petri, vel ejus vicarium, pro quavis, quae tibi queat ingeri, causa appelles. I know Anselm, an Italian, where the opinion of the papal pleni tude had now begun to root, did maintain this was Petrum ab jurare, and that Christum abjurare, and is the first of our bishops spake any thing in that sort ; with whose sense the kingdom did not concur in it. For it is manifest, in those days and after, appeals to Rome were not common. In the year 1115, ^Paschalis II. expostulates with Henry I. that nullus inde clamor, nullum judicium ad sedem apostolicam destinatur : and again, '"iios oppressis apostolicce sedis appellationem subtra- hitis. And Anselm himself, speaking of the proceeding of the king, in a case by him esteemed only of ecclesiastic cognizance, lays down the manner to be, that it should be only "acZ singulos episcopos per suas parochias ; aut si [et] ipsi episcopi in hoc negligentes fuerint, ad archiepiscopum et primatem ; adding nothing of carrying it to Rome, of which I know no other reason, but that it was not then usual to remove causes from the primate thither. Yet after this, either the importunity of the pope prevailed with the '^king, or the passage was inserted after his days into the laws carry his name ; (as some other in the same chapter may seem to have been). Certain in them, though he gave for a rule that of pope '^ Fabian or Sixtus IIL, ibi semper causa agatur ubi crimen admittitur ; yet a bishop erring in faith, and on admonition appearing incorrigible, ^^ad summos pontifices (the archbishops) vel sedem apostolicam ac- cusetur. This is the only case, wherein I find any Enghsh law [did ever] approve a foreign judicature. 31. [To speak sincerely and without partiality what I find — it cannot be denied after the conversion of the Enghsh, under Gregory the great, the Saxons did ever carry a very high 9 Ibid. p. 113, 1. 3. i« Ibid. p. 116, 1. 31. 11 Ibid. p. 85, 1. 42, etc. 12 Hen. I. ¦3 Fabiani Epist. iii. [§ 4, apud Labb. Concil. Tom. I. 646,] et apud Gratian. Caus. iii. Quaest. vi. c. 1. [Vid. Corpus Juris Canon. Decret. Part. il. Tom. I. p. 179, ed. 1687.] Leges Hen. I. c. 6, p. 178, 1. 28, [in 'Archaionomia', ed. Cantab. 1644; or in "Ancient Laws and Institutes of England," ed. 1840, Vol. I. p. 508, § 12.] i' [Leges Hen. I. c. 5. Ancient Laws, &c. Vol. I. p. 509, § 23.J 42 INCREASE OF THE PAPAL POWER. [CHAP. respect to the bishop of Rome, as patriarch of the west; yet never did make any judicial appeal unto him as to a superior, had a right of dominion over them. And therefore, in aU the ancient councils or penitentials (as Theodore's, which I have before me, or Egbert's) neither do I find any mention of such appeals, nor rule to guide men in the making of them. Egbert — who about 740 had recovered from the papacy the use of the pall, which Paulinus had carried to Rochester — did in a case of difficulty allow recourse unto it, from a canon taken out of a 'Roman council; which was no other, but as Kenulphus (of whom ^before), quibus a Deo merito sapientice clavis collata est — as to men of great literature. But neither did Lanfranc admit any thither, nor popes much press it, as is manifest by that epistle ^of Gregory VII. to Lanfranc, 1074: wherein he not at all requires the bishop of Norwich's coming to Rome, unless he as archbishop could not stay him molesting the abbot of St Edmundsbury ; who himself, notwithstanding this so earnest sohcitation from the pope, *ipsum privilegium abbati abstuUt nee illud ei nisi circa finem vitce suce (in 1089) multorum pre- cibus motus reddere voluit. So as certainly neither pope nor appeals had yet got any great strength in England. But there being, in the see of Canterbury, two Italians, one succeeding the .other, men of great esteem for piety and literature — the one, delivering himself so fully for appeahng to Rome as if denying,; any to go thither was renouncing ^Christianity, and Henry I. seeming to tolerate it in some cases ^as to a great spiritual doctor — this of appeals was soon laid hold on. About the beginning' of king Stephen there grew some dispute between William, then archbishop, the prior, one Elmerus, who joined with him, and the convent of Canterbury, who opposed both and sent one Jeremias ; who — appearing before the bishops of Rochester and St David's, sent to Dover by the archbishop of Canterbury for terminating the business — put in an ^appeal to Rome. But that, by reason of the death of the archbishop and Elmerus, which 1 [Excerptiones Egberti, § 48, ex can. Roman, apud Spelman. Concil. Tom. I. p. 263.] ' [p. 23.] ' [Epist. XX. in Lanfranc. Opp. p. 311, D.] 1 [Eadmer. p. 62, 1. 36.] = [Ibid. p. 40, 1. 33.] » [Ibid. cap. V. § 23, Vol. I. p. 509 : cap. Ixvi. § 2, Vol. I. p. 569 : cap. Ixxiii. § 6, Vol. I. p. 678, in "Ancient Laws and Institutes of England."] ' [Gervas. Dorobern. col. 1342, 1.16.] III.] INCREASE OF THE PAPAL POWER. 43 soon after ensued, slept (at least seems so to me) ; and Jeremias elected prior added much to the choosing Theoliald, who suc ceeded in the see, and at first was well esteemed by him : but after, the distance between them became so great, as he, fearing to be dismissed his priory, was forced to a second appeal. These are the two first I have read of (unless that of Anselm, which the kingdom never admitted) : which Theobald not ^regarding forced Jeremias to a journey to Innocentius II. who gave order to the bishop of Winchester, his legate, to restore him — from whence our 'historians note the beginning of appeals to Rome. But take it in my author's '"words, though it seems to have reference to the times a little later : Erat autem in diebus illis apostolicce sedis legatus Henricus Wintoniensis episcopus, qui erat frater regis. Hie cum de jure legati, licet privilegium suum plusquam deceret extenderet in immsnsum, suumque archiepiscopum et episcopos Anglice ut sibi occurrerent quolihet evocaret, indignatus Theobaldus et Thomce clerici Lundoniensis industria fretus, egit apud Coelestinum papam, qui Innocentio successit, ut amoto Henrico Theobaldus in Anglia legatione fungeretur. Oriuntur hinc inde discordice graves, lites et ap- pellationes antea inauditce : which must be 1143 or 1144, be fore the eighth of March ; for then Coelestinus died, having con tinued in the chair only five months and thirteen days — but questionless shews the beginning of appeals to have been about that time. [The clergy (then a powerful estate) easily hearkened to this of appeals ; for the thing then endeavoured being the wrest ing investitures from princes — which the papacy did in some measure, by timing of it, procure — and the "exempting the clergy 6 [Ibid. col. 1359,1. 41.] ' [Huntindon. Hist. Lib. viii. p. 395, 1. 26 : Gervas. Dorobern. a.d. 1151, col. 1369, 1. 65.] 1° [Gervas. Dorobern. col. 1666, 1. 19, et seqq.] 1' [Because I have treated of appeal ing to Rome, with which was joined the imprisoning of clerks by the secular ma gistrate—which was known to be the greatest difference between the crown and the church, Henry II. and Becket_and the ground on which the archbishop claimed that immunity (so far as I know) not being by any of the writers of that age set down, it will not be unworthy the searching how it came into this king dom, that clerks should not receive pun ishment for enormous crimes as well as other subjects. As soon as emperors began to be Christians, they did in many particulars shew the favour they bore the religion they professed. Constantine the great, 319, exempted those called clerici, ab omnibus omnino muneribus, that they might wholly attend divine service, ( Cod. Theodosian. Lib. xvi. de Episcopis, etc. § 2.) But this seems to have gone a 44 INCREASE OF THE PAPAL POWER. [CHAP. from the jurisdiction of the secular magistrate, nothing could be thought more conducing to those ends than the drawing them to a foreign tribunal, that the pope might take cognizance of what passed by way of appeals, as their supreme judge. For attaining which, a fit time was to be taken in the reign of a prince, not only devoted to Rome, but when there was a prag matic archbishop who laboured to advance that see above his own; both which concurred in Henry II. and Becket'. A man, certainly very able for businesses, that knew how to be' obsequious to those he was to rise by, and had thereby crept into the favour of Theobald the archbishop ; first taken notice , of for 2 procuring letters from Rome to the archbishop, inhibiting little too far, as not admitting them to any office of honour. Constantius there fore and Constans, 363, declare the ex- actio munerum sordidorum should not be exacted of them, which they do extend to their wives, children, and servants, (Ibid. §§10,14,15,)— a certain sign c/md were then married. And thus it stood, some princes adding, others retrenching from that their predecessors had done, ac cording to the exigencies of the present occasions. In the year 539, Justinian established such of the clergy as were to suflt'er, prius hunc spoliari, a Deo amabili episcopo, sacerdotali dignitate, et ita sub legum, fieri manu ; but how this despoil ing them should be, adds nothing at all, (vid. Novell. Constit. Ixxxiii. in fine Praefat.) Which the clergy easily laid of that it should be according to the tenth canon of the second council of Car thage, which established, about the year 390, the criminal cause of a bishop should not be heard by less than twelve bishops ; of a priest, six ; of a deacon, three, with their own diocesan. [Vid. Concil. ed.Lahb. Tom. II. 1056, A.] The difficulty of assembling so many bishops caused some, the church of Rome thought worthy of punishment, to escape ; as a priest for heresy, marriage, or the like. Gregory IX. therefore, about 1230, in the point of heresy, allowed the bishop, calling to his assistance certain religious and learned persons (which is likewise pursued by the Council of Trent) might proceed to degradation. [Vid. Lib. Sixt. Decretal Lib. V. de Heereticis, c. 1 ; et Concil. Trident. Sess. xiii. de Reformatione, C.4.] That this exempting the clergy was ever taken notice of in England, during the Briton or Saxon's time, I have not read. The first that I note speaks any thing of it in our laws, is Canute the Dane, who coming from Rome about 1032, at his recognizing the English laws, inserts amongst them somewhat on this point.] [The reference is probably to the laws of King Cnut, §41,' Of men in holy orders': see Ancient Laws and Institutes, Vol. I. p. 401.] ¦, 1 [There is no question the true cause, | why both he and Anselm did, with so great earnestness, labour appeals to the pope, was to free themselves from regal jurisdiction ; which was the same in the presbyters in Scotland, to reduce all to their general assembly, where the king could never receive justice, (Spotswood's* Hist, of the Church of Scotland, pp. 317,: 425.) It is certain the sanctity of life and knowledge of Anselm, the odious- ness of Becket's murder, both for the manner of doing it, and the place wherein the fact was committed — falling in a time and under a prince, who would submit, even to scourging, rather than contest with the Roman chair — did inHnitely in crease the power of that sec with us, which his canonizing did not a little add unto.] " [Gervas. Dorobern. col. 1371, L 65.] III.] INCREASE OF THE PAPAL POWER. 45 the crowning of Stephen's son — a strange act, as if the pope ^had to meddle with coronations, or the rights of the crown ; whereas it had ever been held the correspondence between the Enghsh and Romanists had been no other than voluntate et beneficio, that Canterbury had no intermediate spiritual superior between him and Christ. Becket was the first interposed the pope : for thus writes Fitz-Stephens, when those wicked men came without any warrant to kill him in the church, and some questions passed : Reginaldus Ursonis ; A quo ergo habes archi- episcopatum ? Ille ; Spiritualia a Deo et domino papa, tem per alia et possessiones a domino rege*. And a httle ^ after : Si omnes gladii Anglice capiti meo immineant, ab ehservatione justitice Dei et obedientia domini papce, terrores vestri me dimovere non peterunt^ : which is much other language than the bishops used in Anselm's time, in the case of investitures, going to Rome, &c., as we have seen before, and shall see more hereafter ^ To return, however, to the subject of appeals] it is 31 ' [" Manifestum est et omnibus fere notum, reges Anglise soli Deo obligari et teneri ex ipsius regni adeptione, et ec- clesiae Cantuariensis ex coronatione." Gervas. Dorobern. col. 1338, 1. 35, etc.] ' [In MS. Vita Thoma; Archiepi scopi et Martyris Cantuar. Eccl. in Bi blioth. Cotton.] [Julius, A. xi. : fol. 143, a, col. 2. This life is now printed : vid. Histor. Anglican. Scriptores, ed. Sparke, 'Vita S. Thomse, a W. Stephanide con- scripta,' p. 82.] 5 [Sparke, ibid. p. 83.] " [Though Becket seems to carry such reverence to the pope, yet when he sent two legates to determine the points in difference between the king and him, Saresberiensis says, first of one: certis- sime constat, gu^d dominus Cantuarien sis judicium cardinalis ad vinculo, non subire disposuit, multis [utputo) etjustis suspicionibus motus, quia manifestus ad- versarius ejus hactentts exstiiit, (Johan. Saresberiensis Epist. ccxiv. [p. 376])— and afterwards of both (these two cardi nals being, it seems, men of integrity): domino Cantuariensi persuasum est, ut istorum cardinalium aut aliorum, gut fructum legationis expectant in terra, regis Anglice judicio se nulla ratione sub- jiciat (Epist. ccxxiv. [p. 392,]) so that all must be as he would have it. Which made him write those two sharp letters, Baronius hath given the world, (Tom. XII. ad an. 1168, viii. x.), and which Saresberiensis could no way excuse, but by confessing saints have their frailties. Epist. ccxii. ccxvii.] ' [As for the differences between Becket and his prince, it is not to be denied, the clergy of those times were by theexemptions,thennewly gran ted, grown somewhat insolent, so as in Theobald's time the king had in general received some sinister opinion of them. But whether by the wisdom of the archbishop it was stopped then is not certain ; whom this active clerk succeeding, there was quickly an occasion offered, and as soon laid hold on. The first was this : a cer tain clerk in Worcestershire, having a- bused an honest man's daughter, did after kill the maid's father. Him the king would have tried by the secular magistrate; which Becket would no wise permit, and caused him to be kept by the bishop that he might not be delivered to the king's justice. Another, having stolen a certain silver chalice from a church, the king would have tried by 46 INCREASE OF THE PAPAL POWER. [CHAP. certain, 1151, they were held a 'cruel intrusion on the church's hberty ; so as in the assize at Clarendon, 1164, collected by the body of the realm, Hhe eighth chapter is solely spent in shew ing the right of the kingdom in that particular : which 'Johannes Saresberiensis uiterprets, quod non appellaretur pro causa aliqua ad sedem apostolicam, nisi regis et officialium suerum venia impetrata. Whereupon the bishop of London moved Alexander IIL, Becket's cause might be determined ^appella- tione remota : at which the pope seems to be moved, and told him, hcec est gloria mea quam alteri non dabo. And though it seems by a '^letter of the same prelate, the king would have restrained his power only to such as had first made trial of re ceiving justice at home, claiming ex antiqua regni institutione, ob civilem causam nullus clericorum regni sui fines exeat, &c. : and that too, if amiss, would have corrected by the advice of the Enghsh church : yet while the archbishop hved, that would not be hearkened to ; but after his death, at the peace which, 1172, ensued between him and the church of Rome, it was only concluded, the ^king not to hinder appeals thither in eccle siastic causes, yet so as a party suspected before his going was to give security not to endeavour malum suum nee regni. But the kingdom meeting in parhament at Northampton, 1176, not fully four years after, would not quit their interest, but did again renew the assize of Clarendon, using in this particular somewhat a more close expression: '' Justitice fadant quoerere his judges : the archbishop, on the con trary, degraded him, and cauterized him in the face — which last, being in some sort a judicium sanguinis, a corporal punishment, seems to me a secular judg ment, however done by the archbishop. A third, Philip le Broc, a canon of Bed ford, (or Philip de Brois, as Fitz-Ste- phen) having committed murder, and being questioned by the secular magis trates, could not abstain from injurious language against them. These exorbi- tancies of the clergy, which happened about the year 1164, caused the king to examine the thing, and it was justified in that, besides thefts, rapines, &c. above a hundred murders or homicides had been in ten years committed by clerks, (Guli elm. Neubrigensis, de Rebus Anglicis, Lib. II. c. 16.)] [See also the Life of Becket, in Sparke, pp. 32, et seqq.] 1 Henr. Huntindon. [Hist. Lib. viii. p. 395, 1. 16, etc.] ^ Gervas. Dorobern. col. 1387. ' Johan. Saresberiensis Epist. clix. [p. 254.] » Gervas. Dorobern. col. 1396, 1. 31. ' Apud Rog. de Hoveden, [Annal, Part. Post.] A. D. 1166, [p. 502, 1. 29, etc. inter Rerum Anglicarum Scriptores] : R. de Diceto, a.d. 1168, [Imagines His- toriarum, col. .548.] « [Vid. Hen. II. Epist. ad B. Exon. Episcop. inter Johan. Saresber. Epist. ccxc] [p. 502.] ' Apud R. de Hoveden, ubi supra. [p. 550, 1. 9, etc.] IIL] INCREASE OF THE PAPAL POWER. 47 per consuetudinem terrce illos, qui a regno recesserunt ; et nisi redire voluerint infra terminum nominatum, et stare [ad rectum] in curia domini regis, [postea] uthlagentur, &c., in effect the same as Gervasius Dorobernensis well understood, who tells us: ^Rex Anglice Henricus, convocatis regni primoribus 32 apud Northamptoniam, renovavit assisam de Clarendonia, eamque prcecepit observari; pro cujus execrandis institutis beatus martyr Thomas Cantuariensis usque in septennium exulavit, et tandem glorioso martyrio coronatus est. 32. After which, the going to Rome remained during this king's and his son Richard's time, only according to their * plea sures, the clergy lying under the penalty of this law, if they did attempt farther than the prince's liking : of which we have a very pregnant example in the case of Geoffry, archbishop of York, king Richard's brother, who — accused to Coelestinus III. that he did not only '"refuse appeals to Rome, but imprisoned those who made them — ^upon it the pope "commits the cause to be heard by the bishop of Lincoln and others, who thereupon '^transfer themselves to York; where hearing the testimonies of those appeared before them, assigned him a time to make his defence to the pope. But the archbishop, being then well with his brother, pretended he could not present himself in Rome '^for the king's prohibition, and the indisposition of the air. Not long after the king and he fell so at odds, ^*quod prcecepit ilium dis- saisiri de archiepiscopatu suo. Coelestinus upon this takes an opportunity to declare a suspension to be notified through all the churches of his diocese, enjoining, what the king had before, the lay as well as th? clergy, '*ne ipsi archiepiscopo vel officia- libus ejus in temporalibus [vel spiritualibus] respondere prcesu- mant, donee de ipso archiepiscopo aliud duxerimus statuendum. The offence with his brother continuing, the bishop expecting now no help at home, goes upon this to Rome, makes his peace with the pope, and returns : but the king '* committed the care even of the spirituals of his archbishopric to others, without per mitting him or his agents to meddle with aught, till about two » Chronica, a.d. 1172, col. 1433, 1. 19, etc. 9 [See Hoveden, a.d. 1193,] [p. 731, 1. 24.] 1° Epist. Coelestini, apud R. de Hove den, A.D. II96, [p. 749, 1. 65, etc.] ¦1 Ibid. [1. 36.] 12 Ibid. [p. 760, 1. 50.] " Ibid. [p. 761, 1. 10.] " Ibid. [p. 762, 1. 62.] 1= Ibid. A.D. 1196, [p. 763, 1. 22.] 1" Ibid. [p. 766, 11. 22—26.] 48 INCREASE OF THE PAPAL POWER. [CHAP. years after he 'reconciled himself to the crown; after which he 33 gave Innocentius III. occasion to write : ^Non excusare te potes, ut debes, quod illud privilegium ignoraris, per quod omnibus injuste gravatis facultas patet ad sedem apostolicam appel- landi ; cum et tu ipse aliquando ad nostram audientiam ap- pellaris ; and a little after : Nee auctoritatem nostram attendis, nee factam tibi gratiam recognoscis, nee appellationibus defers quce interponuntur ad sedem apostolicam, &c. And about the same time ^Robert, abbot of Thorney, deposed by Hubert the archbishop, was laid in prison a year and a half without any regard had of the appeal by him made to the pope : [as before Walterus Parvus, prior of Canterbury, 1150, was by Theobald his archbishop dismissed *his priorship, notwithstanding his appeal to Rome, and committed by him to the abbot of Glou cester, prisoner, with an express command, re eum aliquatenus exire permitteret. And that this was no other than the right of the kingdom is manifest by the complaints made by Coelesti nus IIL, 1195 and 1196, against the archbishop of York ^plures pro eo, quod ad nos appellationes emiserant, vinculis fecit carceralibus vehementer astringi ; personas ecclesice suce, post appellationem ad nos factam, honoribus et benefidis spoliavit, quosdam canonicorum, appellatione contempta, excommunica- tioni subjecit. It is altogether improbable the archbishop should then concur in opposing appeals to Rome, had it not been warranted by the rights of the English church.] 33. But Innocentius III. having prevailed against king John, and the clergy great instruments in obtaining Magna Charta from that prince ; either in favour of them, or for some other reason, there was inserted, ^Liceat unicuique de ccetera exire de regno nostro et redire salvo et secure per terram et per aquam, salva fide nostra; nisi in tempore guerrce per aliquod breve tempus — which clause seems likewise to have been in that of Henry HI., to his father's ''in nullo dissimilis : after which it is scarce imaginable how many petty causes were by appeals removed to Rome, and the archbishop forced to ' Ibid. [p. 778, 1. 25.] 2 R. de Hoveden, a.d. 1201, [p. 817, 1. 53, etc.] = Ibid. A.D. 1196, [p. 757, 1. 17.] [Epist. Cffilestin. III.] [p. 749, 1. 55, etc.] * [Gervas. Dorobern. col. 1313, 11. 6, 49.] ^ [Hoveden, p. 749, 1. 66, etc.] ^ Magna Charta, apud Mat. Paris. [Hist. Major.] p. 258, 1. 53, etc. ' Mat. Paris, p. 323, 1. 28. IIL] INCREASE OF THE PAPAL POWER. 49 appear [here] before any had the least authority from thence. [And who knows how far it might have proceeded, had not our kings interposed ? Upon which, Nicholas IV. wrote ^a querulous letter to Edward L, 1290, the twentieth of May, that ecclesiastic persons were not permitted to be called by the apostohc see out of the kingdom, in which yet it seems the king did not comply with him ; for William Nottingham, clerk, in a parhament held after Michaelmas, the same year, petitioned he might pursue his appeal in the court of Rome, of which the king would not °hear as against his rights.] .... The popes, themselves wise men, saw the inconvenience, that these carriages must end either in rendering the archbishop con temptible, by taking all power out of his hands, or the realm resume its ancient right, and prohibit the carrying aught beyond seas, or admitting any legate into the kingdom — thought of the way of granting several privileges to the archbishopric, which first began about the time of Innocentius IL, whom others fol lowed. 34. Gregory IX. therefore, moved by one of them (which 34 seems to be St Edmund), writes thus unto him : '" Ut cum ap- pellationis remedium non ad defensionem malignantium, sed ad oppressorum subsidium sit inventum — yet the archbishop attempting sometimes excessus corrigere subditorum, quidam eorum, ut correctionem effugiant, appellationes frustratorias interponunt; quibus si dte pro reverentia sedis apostolicae humiliter deferatur, illi ex impunitate deteriores effecti pejora prcesumunt, et alii eorum exemplo redduntur ad vitia pro- niores ; unde humiliter postuldstis, . , . .ut providere super hcec solita diligentia deberemus, ut igitur auctoritati tuce in rectis dispositionibus nihil tali prcetextu de6sse contingat, fraternitati tuce prcesentium auctoritate concedimus, ut, non obstante ^^frivolcB appellationis objectu, libere valeas in corrigendis subditorum tuorum excessibus offidi tui debitum exercere. * [" Nee persons ecclesiasticae per- mittuntur extra regnum ipsum auctori tate apostolica evocari," Raynaldus, Annal. Eccl. Tom. XIV. ad an. 1290, §33.] s [Petit, in Pari, post festum S. Mich. IS" Edw. I.] [in Rot. Pari. §57.] 1" Bulla Gregor. IX. in antiquo MS. [twysden.J dat. Interamnae, 27 Junii, 1236. 11 ' Frivola appellatio ' quaa dicitur, vid. Lyndewode, [Provinciale, Lib. ii. de Apellationibus, p. 115, i.] scil. "quae est vana et inauis vel quando nulla causa est expressa, vel non legitima, dato quod sit vera ; vel licet sit legitima, est tamen manifeste falsa." Vid. ibid, verbo ' Pallietur.' [p. 116, e.] 4 50 INCREASE OF THE PAPAL POWER. [CHAP. 35. 'And for that his agents here, in their citations of the archbishop, did not use that respect unto him which was fit, but as Gervasius Dorobernensis observes of one of them, ^Legati privilegium [suuni] plusquam deceret extenderet in immensum, suumque archiepiscopum et episcopos Anglice ut sibi occur rerent quolibet evocaret — the same pope did therefore declare, that, cum nimis indecens videatur, ut per literas apostolicas tadto ^tuo nomine dignitatis inter privatas personas stare judicio compellaris, nos fraternitatis tuce predbus inclinati, auctoritate tibi prcesentium indulgemus, ut per literas a sede apostolica impetratas quce de dignitate tua non fecerint men- tionem respondere minime teneris. Dat. Viterbii, 4 Non. Martii, Pontif none. 36. *And, because the archbishop had on many shght occasions been drawn beyond seas, to the great impoverishing the episcopacy, the same pope two months after writes : Ea propter, venerabilis in Christo frater, tuis supplicationibus inclinati, fraternitati tuce auctoritate prcesentium indulgemus, i5 ut per literas apostolicas extra Angliam invitus non valeas conveniri, nisi de indulgentia hujusmodi fecerint ece literce mentionem, aut per te aliquod factum fuerit per quod sit in- dulgenticB huic derogatum. Dat. Perusii, 4 Non. Mali, Pon- tificat. none. Innocentius IV. ut nullus sine spedali apostoliccz sedis licentia, 2^rceter legates ipsius ab ejus latere destinatos, in personam tuam ptrcesumat excommunicationis sententiam pro- mulgare. Lugduni, 13 Kalend. Octob. Pontif 4. 37. It would be tedious to repeat all the buUs found in the said old MS. and other books since 1130 (for before it seems there was none in this kind) to conserve some power in the archbishopric, yet so as it might ever depend on Rome ; and how mij.ch the papacy gained by these, every man sees. I. The right of the archbishopric was, none by appeal might remove any ecclesiastic cause from his judicatory : the pope grants, he shall proceed, notwithstanding a frivolous appeal. II. The right was, ^ he was not at all under any legate : I At Viterbo, 4 Martii, 1235. 2 [Actus Pontif. Cantuar.] col. 1665, 1. 21, etc. ' Sic MS., sed legendum tuee. * At Perusium, 6 Mali, 1235. = See before, § 17. III.] INCREASE OF THE PAPAL POWER. 51 the grant is, he should not be tied to answer, if they did not mention his dignity in their citations. III. The right was, he should not be drawn beyond the seas (of which in the next) : the grant is, he should not be com pelled to go, unless mention were made of that bull. IV. The question was, ® whether the pope might excom- municate any within the diocese of Canterbury : the grant is, none but a legate de latere should the archbishop. Yet certainly popes did what they weU could, retaining to themselves that vast power they then pretended, to conserve in the archbishopric some authority. 38. But the frequent citing him and others out of the realm, and the carrying their causes to Rome, did not at all satisfy the subject; whereupon the body of the kingdom, 'in their querulous letter devised and sent by them to Innocentius IV., 1245, (or rather to the council at Lyons) claim as an especial privilege, that no legate ought to come here, but on the king's desire, ^et ne quis extra regnum trahatur in causam : and at the revising of Magna Charta by Edward I. the former clause was left out. Since when none of the clergy might go beybnd seas but with the king's leave, as the ^ writs in the register, '"acts of parhament, [expostulations from the papacy,] assure us ; and what is more, if any were in the court of Rome, the king called them "home, not permitting any to go or abide there longer than his pleasure. Yet I do not say these times do not furnish examples of appeals or recourse thither, or re ceiving commands from thence : I know the contrary ; but it was only between those, and in such cases, as the king (holding good correspondency with the pope) and state did either tacitly connive at, as in matters of small moment, or expressly give 36 6 Cap. II. § 17. ' Apud Mat. Paris, p. 668, 1. 3. ' Note, this is omitted in this letter in Mat. I^aris, which is found in other MS. copies of the same, as in one my learned friend, Mr Wm. Dugdale, helped me to the sight of; the book itself be longing to Mr Roper of Lincoln's Inn, in which it is fol. 117, h, and ought to be in all. For in the ' Gravamina Anglias ' sent to the same pope, 1246, one is: Quod Anglici extra regnum in causis auctoritate apostolica trahuntur. Mat. Paris, p. 699, 1. 10. s Registrum [Brevium], fol. 193, b : [ed. Lond. 1687.] Sir Edw. Coke's In stitutes, Part III. t. 84, p. 179. 1° Parliament, apud Cantubrugiam, 120 Ric. II. apud Hen. de Knyghton [de Eventibus Anglic], col. 2734, 1. 39, etc. : [Statutes of the Realm], 5° Ric. IL Stat. I. c. 2. 11 Hen. de Knyghton, col. 2601, 1. 44, etc. 4 2 52 INCREASE OF THE PAPAL POWER. [CHAP. allowance unto. ^ And if otherwise, no person was so great, but he was forced to gain his pardon for the offence. To which purpose, the example of the ^rich bishop of Winchester may not be unfitly remembered, who being a cardinal of the king's blood, was employed by Martin V. as general against the Bohemians, and to that end erected the cross, 1429, 8° Henry VI. ; but two years after, caused a petition to be exhibited in parliament, 3" that he the said cardinal nor none other should be pursued, vexed, impleaded, or grieved by the king, his heirs, or suc cessors, nor by any other person, for cause of any provision, or offence, or misprision done by the said cardinal against any statute of provisors, or by cause of any exemption, receipt, acceptation, admission or execution of any bulls papal, to him in any manner made": which was granted, and shews that without it he had been liable to punishment for his accepting and receiving of 37 them. And here it is not unworthy the remembering, that this was the first cardinal England ever saw a privy councillor. He having sometimes sought that dignity in Henry the fifth's time, upon the news the archbishop of Canterbury gave the king notice of it, in a letter yet extant; which did so affect that prince, as he was sometimes heard to say, " *that he had as lief set his crown beside him, as see him wear a cardinal's hat." But he being soon after taken away, and the honour conferred on this prelate in June, 1426, by Martin V., ^at his coming into England the lords of his majesty's council caused him to make a protes tation for his comportment in the future ; and the eighth of Henry VI. it was agreed by the lords in parliament, he should be on the king's part required to attend his majesty's councils, sub protestatione tamen subsequente, quod quotiens aliqua, materice, causce, vel negotia ipsum dominum regem aut regna seu do- minia sua ex parte una, ac sedem apostolicam ex parte altera concernentia, in hujusmodi condliis regiis cemmunicand' et tractand' fuerint, idem cardinalis se ab hujusmodi consilio absentet, et communicationi eorundem, causarum, materiarum, et negotiorum non intersit quovis modo, ^c. — and yet his former engagement made to the council to be firm and inviolable. Upon ,1 [When Kemp was advanced to the .. bishopric of London by a papal bull, he utterly waived it, and submitted himself totally to the king's grace. Dugdale's Hitt. of St Paul's Cathedral, p. 41.] ^ Henry Beaufort. " Rot. Pari. 10° Hen. VI. § 16. ^ Hall [Unyon of the Twoo Famelies] 20<' Hen. VI. [fol. 143, a.] '' Rot. Pari. 80 Hen. VI. § 17. III.] INCREASE OF THE PAPAL POWER. 53 which the said cardinal the eighteenth of December, 8° Henry VL, A.D. 1429, after his thanks to the king and lords, and his ad mitting the said protestations, tanquam rationi consonas, was received for one of the council. [Which protestation or oath seems likewise taken by cardinal Wolsey, ^made legatus de latere; who not observing it might have paid dear for it, had riot death put a period to the dispute.] But I return to that I was treating of. 39. The truth of this barring appeals is so constantly averred by all the ancient monuments of this nation, as one, not finding how to deny it, falls upon another way ; '^that if the right of appeals were abrogated, it concludes not the see of Rome had no jurisdiction over this church, except one should be so senseless as to imagine the prefect of the prsetorian court were not subject to the emperor's authority, because it was not lawful to appeal from them, according to the law in the ^Digests. 38 To which I answer, that if it be granted (which is very ^ dispu table) this law is to be extended to the emperor, yet it proceeded from himself, who might limit his own power : but he is desired to consider, this canon of appeals did not from any pope ; for the Africans did, and the church of England doth maintain it as an inherent right of their own, to give laws in that particular, and ever had strong contests with the papacy about it, which held it an honour not to be parted with ; and they opposing him in it, must of necessity have held that superintendency he exercised over them not to be jure divino, for then no man could have exempted himself from having recourse unto him. In France there are several courts of parliament from which no appeal lies, who receiving that privilege from the king, it cannot be said to be in diminution of his royalty, because that they have, he gave : but, if ever any of them should claim this as of their own right, denying the king to have at any time a power of intermeddling with them, I shall leave the objector ^ [See Articles against Wolsey, i — XXVIII. in Herbert's Hist, of Hen. VIII. pp. 294, et seqq.] ' Philip Scot, Treatise of the Schism of England, p. 174, [Amsterdam, 1650.] 6 [Justinian. Digest. Lib. i.] de Of ficio Praefect. Praetor, lex unica [fol. 17, b : ed Paris. 1523.] Vid. Cassiodor. Vari- aruni Lib. vi. § 3, [Opp. p. 204 : ed. Geuev. 1637.] ^ [For " quando superior dat alicui jurisdictionem, nunquam intelligi tur dare privative, sed accumulative." Bartholom. a ChassensEUS, de Consuetudinibus Bur- gundia; Rubric, ii. § 1, u. 30,] [col. 437, ed. Colon. AUobrogum, 1616.] 54 INCREASE OF THE PAPAL POWER. [CHAP. to draw what consequence he wiU from it — for my part I can no other, but that they esteemed themselves very httle his subjects. 40. The reader will pardon this digression, which I have the longer stood upon, to give him the more full satisfaction how appeals were first brought in, and how pursued. I shall now, in what manner the legate and archbishop prosecuted theirs ; who being 'both before Lucius IL, 1144, the bishop of Win chester was 2 dismissed his legatine commission, and the pope finding with how great difficulty the ecclesiastic affairs of this kingdom could be managed by any legate without the archbishop of Canterbury — thought of a very subtle invention to conserve his own authority, and not have any crossing with that prelate, which was to create him and his successors legati nati; by 39 which, such things as he did before, and had a face of inter fering with the papal plenitude, and were not so easy to divest the archbishop of exercising, he might be said to do by a legatine power. Of which it was not long before the pope made use, as is to be seen in his ^Decretals; where Alexander III. resolves he could not hear jure metropolitico matters episcopal, that came not unto him per appellationem, that is, in a legal way ; but jure legationis, he might such as were brought unto him only per querimoniam, — an invention * often practised afterward, and highly advantageous to the court of Rome, as what made bishops but his deputies. 41. [Harpsfield ^speaks as if this honour of legatus natus were bestowed on ITieobald by Innocentius II. ; which it seems to me could not be, till the taking it away from Winchester by Lucius IIL, after the death of Innocentius : for in that age the church of Rome did not use ^alicujus legati ecclesiam tempore legationis indultce, alteri legato subjicere raticme lega tionis, as must have been, had he remained a legate whilst Winchester held the honour ; and Becket did, after Innocentius' ' W. Thom, col. 1804, 1. 60. '' Johan. Hagustald. a.d. 1146, col. 273, 1. 61. ' De Ofiicio Legati, Lib. i. Tit.xxx. c. 1. [In ' Corpus Juris Canonici,' Tom. II. p. 64.] " Vid. Laurent. Bochell. Decreta Eccles. Galilean. Lib. v. p. 918. [ed. Paris. 1609] : Concil. Tridentin. Sess. v. capp. 1, 2, etc. * [Hist. Anglican. Ecclesiast.] Ssec. xii. c. 15, [p. 328, 1. 15, ed. Duaci, 1622.] ^ iJohan. Saresber. Ep. clxxviii. p. 308.1 IIL] INCREASE OF THE PAPAL POWER. 55 death, deal with Coelestinus to have that honour conferred on Theobald, archbishop of Canterbury. Neither was Thomas, the successor of Theobald, at first honoured with that title ; for in the year 1164, the king endeavoured the procuring of it for the ^archbishop of York, and had it for himself; but so clogged as he made no use of it. After his returning it, the same author styles Becket ^jam apostolicce sedis legatus, which I take to have been first made known here, 1166 (though "Baronius thinks 1167), the twenty-fifth of January ; so that hitherto it appears to me they were legati nati. Diceto says '"Hubert the archbishop had, 1195, a power given him inauditam a sceculis ; and he and "Hoveden to have the bulls importing the king's and suffragan bishops' of Canterbury pe titioning for his conferring it (which he did) thereupon, not withstanding any privilege of the archbishop of York, &c. They who would have more may see in those authors the rescripts themselves ; and from hence, and the frequent bestow ing it in that see, I conceive the title of legatus natus to have had its first rise and progress.] But whosoever did first confer it, the matter is not great : certain it is, by it the papal authority was not a little in time increased, there being few of the clergy would question aught came from Rome, the archbishop, on whom the rest depended, himself operating but as a delegate from thence. 42. To which purpose it may not unfitly be observed, that when the papacy did first attempt the exempting some great monasteries from the jurisdiction of their ordinary, it was ^^ salva primatis reverentia ; or, as Malmsbury explains it, 40 archiepiscopi tantum nutum in legitimis spectaturus. But however thus carefully penned not to thwart with that prelate, being brought hither was taken away by Lanfranc, not per mitted to be made use of, the abbot finding no other way to regain it but ^^multorum preces — [an undoubted argument appeals to Rome, as a superior, were not then taken notice of]. Yet afterward the pope without scruple exempted them ¦' [Gervas. Dorobern. col. 1388, 11. 50—62.] s [Ibid. col. 1400, 1. 10.] « [Annal. Eccl. Tom. XII. ad an. 1167, xix.] i" [Ymagines Histor. col. 079, 1. 8.] 11 [Annal. Part. Post. p. 753.] 12 Eadmer. p. 62, 1. 34 : W. Mal mesbur. [de Gestis Pontif. Lib. iii. p. 240, 1. 36.] 13 Eadmer. p. 62, 1. 37. 56 INCREASE OF THE PAPAL POWER. [CHAP. not only from their diocesan, but even such as were under the archbishop's nose, with all pertaining to them, were taken out of his own jurisdiction ; and he who at first preserved others' rights, had those houses now at an 'easy rate removed from his own. A fact of infinite advantage to the papacy, by which it had persons of learning in all parts, who depending wholly on it, defended what was done to be by one had a power of doing it ; and he, who at first did solely ^agere vices apostolicas in Anglia, was ^ under no legate, permitted no bull from Rome to be made use of in England, but by his approbation, was so far now from taking them away from the bearers, as ^private clerks by deputation from thence did sit his superiors in determining differences between him and others, who by strength were taken from his jurisdiction. 43. After which, popes having gained an entrance, found means to reduce the grant of legatus natus to no more than stood with their own liking, by inventing a new sort of legate styled legatus a latere, (*by reason of his near dependence on the pope's person ;) who employed in matters of concern ment, at his being here, the power of the former was released : ''which distinction of legates seems to me to have had its birth after 1110, first apphed [so far as I have noted] by any of our writers to ^Johannes Anagninus Cardinalis, 1189, by Hove den; which style yet ^others who then lived do not give him". 1 Vid. Pet. Blesensis Epist. Ixviii. [p. 102.] 2 Eadmer. p. 58, 1. 44. ^ Gervas. Dorobern. [Actus Pontif, Cant.] col. 1663, 1. 55. " Vid. Bull. Johan. XXII. apud Thorn. [Chronica] col. 2041, 1. 2. = De Ofiicio Legati, Lib. i. Tit. XXX. c. 9 : Gloss, ad verb. ' Commissam.' [in Decretal. Greg. IX. col. 394, ed. Taurini, 1621.] " Vid. Gervas, Dorobern. A.i>. 1188, col. 1532, 1. 65; col. 1533, 1. s! ' R. de Hoveden, [Annal.] p. 661. 1.47. ^ R. de Diceto, [Ymagines Hist.] col. 649, 1. 42. ^ [l know in the difference between Thomas Becket and Henry II., Alex ander III. told the king's agent, for end ing those disputes, duos a latere mitteret legates (Gervas. Dorobern. col. 1400, 1. 61 : col. 1402, 1. 46) : but in all these negoeiations here, even to their return to Rome, they are never styled legati a latere —an undonbted argument, that distinc tion was not then used in that opinion of it, after ages produced. It cannot be denied, any persons coming immediately from a prince were said to be sent de latere ejus ; as the young king sent duos milites a latere, to prohibit Becket's coming forward to wait on him. One Philippus de Eleemosyna came, 1164, missus a latere Alexandri summi ponti ficis et cardinalium omnium : but he is never styled legate, as diftering from others authorised by the pope. (R. de Hoveden, p. 493, 1.6. )| III.] INCJREASE OF THE PAPAL POWER. 57 Of this legate it is that ^^ Henry Chichele in a letter, yet extant under his own hand, wrote to Henry V., that " be inspection of lawes and cronicles was there never no legat a latere sent in 41 to no lond, and specially in to your rengme of Yngland, withowta grete and notable cause. And thei whan thei came, after thei had done ther legacie abiden but litul wyle, not over a yer, and summe a quarter or ij. monethes as the nodes requeryd : And yet over that he was tretyd with or he cam in to the lond, when he schold have exercise of his power and how myche schold bee put in execution : An aventure, after hee had bee reseyved, hee whold have used it to largely to greet oppression of your peple." [And here I cannot omit how a "late writer — finding the constant practice to have been the pope's legate taking an oath, before his entrance here, if not attempting any thing against the king or his crown — will have it to shew the prince "rather doubted and feared his authority, than con temned or denied the same." Of which the first part hath much truth ; for he sometimes gained an opinion of being '^ oc- cultus inimicus regni, and the king looked on him as one came ^^ad terram nostram destrueiidam. But such an oath was not only a security against the abuse of all faculties whatsoever, received from Rome ; but for a qualification how far they should be put in execution. And hereupon I am forced to desire him to consider the whole. The pope might send no legate but on the king's desire : § 8. After much pursuit one is per mitted : ^ 22. Yet on occasion stopped, and not suffered to meddle : § 20. That he might not usurp to the oppression of the subject, he was treated with ere he entered ; when, where, and how, he should use his powers, and for the greater security, took an oath. If all these circumstances do not prove his authority with us to ha,ve merely depended on another's wiU, and to have been understood, not as that was jure divino ; I should be glad he would tell me what did.] At last, however, the popes brought the archbishops much under, by laying a necessity on them of receiving the pall from Rome, and at the taking of it of making profession de fidelitate et canonica obe- i" In Vita Hen. Chichele, p. 36, [inter Vit. Select. Virorum, Lond. 1681.] 11 [Catholicke Devine, Answere to Cooke, c. xiv. § 15, p. 336.] 12 [Mat. Paris, a. d. 1240, p. 624, 1. 43.] " [Gervas. Dorobern. col. 1562,1. 53.] 58 INCREASE OF THE PAPAL POWER. [CHAP. dientia ; that is, by obhging them by oath to defend regalia •', Sancti Petri. Of which, because I find the introducing not much touched by our writers [yet], a great means to advance this foreign power, it will not be amiss to say somewhat ; and first of the pall. 44. The pallium, from whence our Enghsh word "pall," was a garment with which the professors of arts, as grammar, rhetoric, music, might clothe themselves, (as it seems to me by ' Tertullian they did) ; yet was held most proper for such as professed philosophy : and therefore when a ^begging fellow came to a noble Roman palliatus et crinitus, being asked what he was, the man half angry replied he was a philosopher, et mirari [quoque addit] cur qucerendum putdsset quod videret ; to which the gentleman returned, [ Video] barbam et pallium ; philosophum nondum video. From whence I gather, it was for the most peculiar to them. So ^Eusebius shews on Heraclas, (ptXoaocpov dvaXaftwv c'Xfjiuia, " taking the habit of a philoso pher," notwithstanding his being a Christian, retained it : and at the martyrdom of * Porphyrins, a disciple of Pamphilus, he 42 describes that (piXoaocpov cr^V/J-ci to be a short cloke or pall covering the shoulders. 45. But it seems the primitive Christians in wearing of it did attribute some sanctity to the garment ; for ^grande pallii benefioium est (saith Tertulhan) sub cujus recogitatu improbi mores vel erubescunt : whereupon the ^council of Gangra, not 'i an hundred years after, pronounced him anathema used the pallium quasi per hoc habere se justitiam credens, ^c. Now from the danger of superstition of the one side, and the being especially worn by philosophers of the other, I am apt to think it became in the end proper only to some bishops, who might challenge it as learned philosophers, yet not at all likely to attribute more to the robe than reasonable ; and in time, either by collation of emperors, or otherwise, appropriated to some particular churches, who having that mark were after the seats of archbishops for the most part. For though 'Alcuinus be of ¦ De Pallio, t. 6. ' Aul. Gellius, Noct. Attic. Lib. ix. c. 2. 3 Hist Eccl. Lib. vi. c. 19, [p. 418.] ' [De Martyribus Palsestinas, c. xi. § 15, apud Hist. Eccl. Vol. 11. p. 629.] * Tertullian, de Pallio, cap. 6. ^ Concil. Gangrense, can. xii. [Concil. ed. Labb. Tom. II. 422.] ' " Pallium est nihil aliud, nisi dis- cretio inter archiepiscopum et ejus suf- fraganeos." De Divinis Officiis, c. 39, HI.] INCREASE OF THE PAPAL POWER. 59 opinion the pall is nothing but a distinction between an arch bishop and his suffragans : yet, under favour, I conceive that must be taken of the acception of the word in the time the author of that tract hved, [which I do not yet see how to attribute to Alcuuius the Enghshman] — not as used in St Gre gory's days, who gives ^ Augustine, at the bestowing the pall upon him, the title of archbishop. [The first council of Matis- con, about 582, ordained ut ^archiepiscopus sine pallio missas dicere non prcesumat : but this, however mandatory to an arch bishop, did not prohibit the use of it to a bishop ; as is plain by the example of St Gregory, who seventeen years after conferred it on i^Syagrius, bishop of Austun in Burgundy,] which town, notwithstanding the gift by that father, was never reputed to have other than an episcopal chair, and suffragan to the archbishop of Lyons to this day. So that certainly, at first, all that had the pall were not eo nomine archbishops. [Afterward the emperor — who primarily, no question, had him self a good part in the disposing of it, (of which in the next) — relinquished it wholly to the pope, and then the names and offices of bishop and archbishop grew of a wider distance in the church, and this garment in time became only proper to arch bishops.] 46. The deed is yet extant by which Valentinian bestowed it on the church of Ravenna, about the year 430. I know "some, who find not how to deny it, hold this an honourable vestment, such as emperors themselves wore ; which opinion '^Baronius justly confutes, and rather thinks it forged : yet he — Inciting out of '*Liberatus, that Anthimus expelled the church of Constantinople, pallium quod habuit, imperatoribus reddidit, et discessit, — gives no gloss how he could return to the emperor his pall and depart, if he had nothing to do with it : and it is manifest, in Gregory the Great's days, that church did not 43 [apud Alcuini Opp. Vol. III. p. 496, ed. Ratisbon. 1777.] ^ S. Gregor. Epist. Lib. xii. c. 15, Indict, vii. ^ [Concil. Matiscon. i. can. vi.] [Concil. ed. Labb. Tom. V. 968.] 1° S. Gregor. Epist. Lib. vii. c. 112, Indict, ii. '1 Hieron. Rubeus, Hist. Ravennat. [Lib. II. p. 81, ed. Venet. 1572]: Italia Sacra, Tom. II. coll. 331, 332, [ed. Rom. 1647.] 12 Annal. EccL Tom. V. ad an. 432, " Ibid. Tom. VII. ad an. 536, xvii. •¦1 Liberatus Diaconus in Breviar. c. 22. 60 INCREASE OF THE PAPAL POWER. [CHAP. only prescribe for the use of the pall, but for doing it contrary to the win and opinion of that pope. And the same doctor elsewhere 'saith, he had dealt apud piissimos dominos, the emperors, to send him Anastasius, cencesso usu pallii : and afterward being desired by Brunechilda to grant it to Syagrius,, (of whom before) he shews his readiness, ^propter quod et se- renissimi domini imperatoris . . .prona voluntas est, et cencedi hcec omnino desiderat. So that certainly, at the beginning, if princes did not bestow it, yet it was not done against their wills; which after-times did in Europe solely appropriate to the pope: who yet gave it not against their liking; as ^Lucius IL, sending it to the bishop of Winchester, who yet never made use of it, teacheth us. 47. But what this pall imported, or what the receiver had of. ad vantage by it, writers I think do not always agree ^Isidorus Pelusiota, who writ about the year 430, is of opinion, the bishop, as a type of Christ, wears that cloke of wool, to shew himself imitator of the great Shepherd that will bear the strayed sheep on his shoulders. ^St Gregory says, it signifies humility, justice, &c. I have shewed before Alcuinus his opinion of it, [or who else writ the book de Divinis OffidisJ. But whatsoever signification it was at first thought to carry,. certainly the necessity of fetching it from Rome was not so urgent, as in these later times the papal interest made it es teemed. We do not read that ever Laurentius or MeUitus received thence the pall ; yet no man doubts of their being as lawful archbishops as Augustine was. ^Giraldus Cambrensis and 44 Hoveden agree, the bishops of St David's in Wales did use the pall, till Samson, about the time of the Saxons, flying from an infection, carried it with him ; yet neither of them report him to have fetched it from Rome : nor after the wanting it, did the rest of the bishops there either refuse his consecration, deny obedience to the see, or make profession to any other, before Henry I. induced them by force. But to come to the Saxons : after Paulinus, there are five in the catalogue of York expressly 1 Epist. Idb. I. c. 27, Indict, ix. " Ibid. Lib. vii. c. 5, Indict, i. [See also Baronius, Tom. VII. ad an. 544, xii.] ^ R. de Diceto, [Abbreviat. Chron.] A.D. 1142, col. 508. * Isidor. Pelusiot. Lib. i. Ep. 136, [ed. Paris. 1638] : Baron. Tom. II. ad an. 216, xv. : Tom. VII. ad an. 553, vii. 5 Epist. Lib. VII. c. 129, Indict, ii. ^ Itinerar. Cambrise, Lib. ii. c. 1, [p. 865, 1. 55.] R. de Hoveden, [Annal.]. A.D. 1199, p. 798, 1. 9, etc. III.] INCREASE OF THE PAPAL POWER. 61 ''said to have wanted it — amongst which Wilfred, that ^ ruled all the north as his bishopric — yet are reputed both archbishops and saints ; and of others in that series it will not be easy to prove they ever used it. Albertus the eight bishop, about 767, had it not till the seventh year ^accepti episcopatus: nor **Adilbaldus or Ethelbaldus the fourteenth, a.d. 895, till the fourth year postquam acceperat episcopatum. An undoubted argument, that canon of Pelagius, recorded both by "Ivo and 12 (Gratian, that no metropohtan should defer above three months sending for it to Rome, was never received in this church. '^Gregory the Great says, it ought not to be given, nisifertiter postulanti : and the same '* father with a council at Rome, a.d. 595, decreed, pro pallio omnino aliquid dare prohibeo. So that in those times the one side perhaps did not much urge the taking of it, nor the other greatly seek for a thing brought small advantage, and was so far to be fetched. [St Bernard styles Celsus '^archbishop, who instituted in Ireland another metropolitical chair ; says Malachias was ^^pontifex et metropo- litanus totius Hibernice; yet neither of them hved to see a pall bestowed on that island, nor himself perhaps long enough to take notice of it. Neither was the want of it any hindrance of Malachias' disposing a)A.1^mgs,\hxe.ve^'' tanquam ex apostolis unus. St Bernard indeed speaks as if he had some scruples in himself, that he did not ^^ satis tute actitar.e, absque sedis apostolicce auctoritate — yet the prodigious signs (if true) gave testimony sufficient of God's concurring m his admission to that honour— and in the year 1137, going to Rome for obtaining two paUs, '9 Innocentius IL, though he confirmed the metropohs Celsus had erected, for the palls oportet, ait summus pontifex, solen- nius agi. Convocatis episcopis et clericis et major ibus terrce ¦celebratis generale concilium, et sic conniventia et communi ¦veto universorum per honestas pernas requiretis pallium, et ' Thom. Stubbs, Actus Pontif. Ebo racens. col. 1697, 1. 2. 6 Bed. Hist. Eccl. Lib. v. c. 20 : vid. Lib. IV. c. 12. 9 Simeon. Dunelm. ep. ad Hugonem, col. 78, 1. 51 : Thom. Stubbs, ubi supra, .1. 16. i» Simeon. Dunelm. col. 78j 1. 25: .Thom. Stubbs, col. 1698, 1. 57. 11 Ivo, Decretum, Part. v. c. 136, [fol. 168, b : ed. Lovan. 1561.] 12 Decret. Part. i. Distinct, c. c. 1, [Corpus Juris Canon. Vol. I. p. 122.] •^ Epist. Lib. VII. c. 5, Indict; i. " Ibid. Lib. iv. c. 88, Indict, xiii. 15 [In Vita S. Malachias : apud Ber- nard. Opp. col. 1937, a;] ¦6 [Ibid. col. 1939, G.] 1' [Ibid. col. 1941 , D.] ¦« [Ibid.] 19 [Ibid. col. 1943, H.] 62 INCREASE OF THE PAPAL POWER. [CHAP. dabitur vobis. So that it seems the pall was then esteemed a badge or livery bestowed on such as independently did desire to live under the church of Rome ; not that it did add aught to the episcopal function, or as if they were less perfect arch bishops, whilst they were destitute of that plenitude. For I do not know any writer of those times held them less proper for any episcopal act whatsoever, only it seems they were not in such subjection to the Roman patriarch before it, as that did testify them to be.] 48. After the court of Rome began to raise to itself a revenue from other churches, this pallium, that was no other than a distinctive ornament, not to be paid for, began to be set [with us] at so immense a rate, that 'Canutus going to Rome, 1031, did mediate with John XIX., that it might be more easy to his prelates : in which, though he had a favourable answer, yet in Henry I. his time it was so much, the archbishop of York could not pay the money, without an ^heavy debt. ^ Matthew 45 Paris doth intimate as if Walter Gray, translated from Wor* cester to that see, 1215, had not his pall at less than ten thousand pounds : Accepto pallio, saith he, episcopus memoratm rediit in Angliam, obligatus in curia Romana de decern millibus librarum estirlingorum ; which was about the silver of thirty thousand pounds now, coin being then after the rate of twenty-pence the ounce. But after-times, according to the bishop *of Llandaff, reduced it to the certainty, that each bishop paid five thousand ducats for it, every one of the value of four shilhngs and six-pence, our money : which yet I do not see how to make agree with the ^Antiquitates Brit. Ecclesice, that speaks only of nine hundred aureos ducatos paid by Cranmer. 49. But to omit the gain came by the garment, that cer tainly was a means of drawing a great obhgation from all arch bishops to the papacy : for [about 1102] a new oath de fide litate et canonica obedientia was devised, to be tendered every archbishop at the reception of it. For the more full under standing of which, we are to know, William L, after he had settled the nation in quiet, wholly possessed of it, would not in ' Florent. Wigom. a.d. 1031, [p. 620] : Ingulph. Hist. p. 893, 1. 66 : Malmesbur. [de Gestis Regum] p. 74, L44. 2 " Graviter mutuatum." Eadmer. p. 98, 1, 30. 3 Mat. Paris, p. 274, 1. 4. ' [Bp. Godwin, de Prassulibus An- glias. Catalog, sub fin.] 5 Antiq. Britan. p. 327, 1. 48, ed. Hanov. 1605. IIL] INCREASE OF THE PAPAL POWER. 63 any "kind acknowledge a farther obedience to Rome than his predecessors had ; but maintained the rights of the kingdom against the hking of that court in many particulars, barring all men for taking any for pope, but whom he designed ; in somuch as after 'Gregory VII., 1084 till 1095, (about eleven years) there was no pope acknowledged in England ; denying any to receive letters from thence, but acquainting him with them, and many more (of which elsewhere) — all which being exercised by him, were never questioned during his time, nor while Lanfranc lived after him, (though he hath been* ever reputed an holy man). But Anselm succeeding in his seat, great contentions arose between him and William IL, the ^king with the nobihty pressing him, as the usage of the realm, not to 46 depend on Rome as of necessity ; he, on the other side, ^de claring all such customs to be contrary to divinity, right, &c., chose rather to hve an exile all that prince's time, than any way submit to those customs, had been practised, never dis puted or questioned by any archbishop here before. 50. But, that king being soon after taken away, and Paschahs II. succeeding almost at the same time — considering, as it seems, by what weak bands foreign bishops were tied to the papacy, how easy it was for them to fall from it ; that '"Gregory VII. was not satisfied even with Lanfranc's carriage in episcopali honore positus, who restrained his obedience to canonum prcecepta ; that Anselm alone had opposed the whole body of the kmgdom; that every prelate might be neither of his temper or opinions — ^framed an oath, the effect of which you may see in Diceto", a.d. 1191, and in Matthew Paris and others, the '^fuU which every archbishop at the reception of « Vid. Baron. Annal. Tom. XI. ad an. 1079, xxi. xxv. Lanfranc. Epist. vii. p. 304. ¦^ Eadmer. p. 25, 1. 40 : vid. Lanfranc. Epist. lix. p. 329, § 'non laudo.' 8 Eadmer. pp. 38, 39. " Eadmer. p. 40, 1. 7; 1. 31, etc. 11 Lanfranc. Epist. viii. p. 305. ¦1 [Ymagines Hist.] col.~ 663, 1. 6, etc. 12 Note, where you read in the ' Lives of the Abbots,' (p. 140, I. 22) regalem, and hi his ' Historia Major' (p. 414, L 22) regalis, both should be regalia t for so we find it at the end of the council of Vienna [Labbe, Tom. XI. Part. ii. 1666], agreeing with an old copy of that oath I have seen in the exchequer, which the Decretals, 'de jure jurando,' c. 4, [Cor pus Juris Canonici, Vol. II. p. 107] read thus : " Papatum sanctce Romans ecclesias et regulas sanctorum patrum adjutor ero," etc. But Odoricus Ray naldus [Annales Eccl. Tom. XIII. ad an. 1233, § 66] citing, out of the records of the Vatican, the oath St Edmund archbishop of Canterbury took, -reads it rightly, regalia. 64 INCREASE OF THE PAPAL POWER. [CHAP. the pall was to render. At the tendering this, one in Sicily made a scruple of taking it, as that nee ab apostolis post Domi num, nee in condliis inveniri posse statutum; the hke did some 'in Polonia : to whom the pope answei's, (as in cap. ^Signi- ficdsti,) objurgatorily, quasi Romance ecclesice legem concilia ulla prcefixerint. And going on with the design, whereas at the assuming of this pall by Ansehn, 1095, it was no otherwise than thus, ^Pallium super altare delatum ab Anselmo assump- tum est, atque ab omnibus pro reverentia Sancti Petri suppliciter deosculatum, 3fC. — at the taking of it by Ralph, 1115, his immediate successor, we find it with this addition: *Sicque delatum super altare Salvatoris pallium est, et a 47 pontifice inde susceptum, 'facta prius Romano pontifid, de fidelitate et canonica obedientia, profesdone.' Deinde pro re verentia beati Petri ab omnibus deosculatur, §-c. Which profession being never met with as made by any archbishop of Canterbury before, but frequently after by such as were his near successors, as ^Thomas Becket, Baldwin, &c., we must conclude him to have been the first from whom it hath ever been required. I know ^BeUarlnine interprets a bishop's re turning out of schism, 602, and voluntarily professing to five in communion with the pope, to be a swearing of obedience to that chair; but certain there is a difference between obeying and living in communion (of which see cap. 7, $ 4) ; between an oath enforced, and one voluntarily taken. After this, as ways to augment the court, many privileges were annexed to it ; ^as that none before his receiving that ornament might convocate councils, prepare chrism, dedicate churches, ordain clerks, consecrate bishops, that being ^pontijicalis officii ple nitude, till he had it, none to be styled an archbishop — things added after men's holding a necessity of seeking it, did so much contribute to the papal advantage, both in point of honour and profit. For it is manifest Lanfranc, Anselm, and Ralph, 1 Baron. Annal. Tom. XI. ad an. 1102, vi. vii. viii. 2 De Electione, Lib. i. Tit. vi. c. 4, [Corpus Juris Canon. Vol. II. J). 14.] 3 Eadmer. p. 34, 1. 33. 1 Ibid. p. 113, 1. 43, etc. '' R. de Diceto, col. 534, 1. 8 : Gervas. Dorobern. col. 1307, 1. 2. " De Romano Pontifice, Lib. iii. c 11, [in Disputat. Tom. I. p. 193, B.] [Gregor. Epist. Lib. x. c. 31, In dict, v.] ' De Electione, c. 28, § 1, [Corpus Juris Canonici, Vol. II. p. 21.] ' De auctoritate et usu Pallii, c. 3, [Ibid. p. 29] : Vid. Concil. Lateranense IV. [Labbe, Tom. XI. Part. i. 149.] III.] INCREASE OF THE PAPAL POWER. 65 • did dedicate ^churches, '"consecrate bishops and abbots, were called "archbishops, whilst they wanted it. 51. Now the ice broken, this oath (at first required only of archbishops when they took the paU) was by ^^ Gregory IX., mutatis mutandis, imposed on abbots and bishops. About 1 235, came into England ^^occulta [^et] clausa sub bulla, the '*like to which had not been seen, was proffered to John XXIII., abbot of St Alban's, unacquainted with it, when he could not '^a6 ista obligatione resilire ; who is therefore noted, that ^^primo invitus et dolens Romanorum jugum subiit servitutis, and that ^''prce omnibus Romanorum oppressionibus novis et inauditis coepit 43 molestari, §-c. The thing I find of greatest exception is, the obhgation enjoining them to visit Rome, which being in pur suance of the twenty-sixth chapter of the council of Lateran, held only twenty years before, is censured ^^ damnum, grava men, prcBJudicium, injuria, jactura, as that which altered the nature of the church, which had been from the foundation libera et ingenua, and was thus brought to serve the ends of the court of Rome. Truly after this I cannot see how there can be said to have been a free papal council in Europe, when such as it consists of (being, for the most, bishops and abbots) come with so high an obligation as an oath to defend the usages of Rome, under the title of regalia Sancti Petri. In pursuance of which '^the council of Trent did expressly charge all patriarchs, archbishops, bishops, and other, who in future should meet in provincial synods, that veram obedientiam swmmo Romano pontijici spcmdeant, et profiteantur. I wish it" had expressed what that had been, [and wherein it did consist]. 52. To return to that I was treating of. This visiting the Roman court, however much pressed on this monastery of St Alban's, yet was ever excused till, 1290, John III. and twenty-fifth abbot was forced to go thither for his confirmation : » Eadmer. p. 22, 1. 19. 10 Ibid. p. 6, 1.46: p. 23, LSI: p. HI, 11. 6, 18, 32. 11 Ibid. p. 23, 1. 42 : p. Ill, 1. 32, et passim apud Historicos. . 12 De Jure Jurando, Lib. 11. Tit. xxiv. c. 4, [Corpus Juris Canonici, Tom. II. p. 107.] " Mat. Paris, Vit. S. Albani Abbat. [twysden.] p. 140, 1. 31. " Mat. Paris, Hist. Major, p. 41 0, 1.40. 15 Vit. Abbat. p. 140, 1. 32. 16 Ibid. p. 141, 1. 49. 1' Ibid. p. 142, 1. 1. i» Mat. Paris, Vit. Abbat. p. 133, 1. 23 : p. 141, 11. 62, 66. 19 Sess. xxv. [de Reformatione] c. 2. 66 INCREASE OF THE PAPAL POWER. [CHAP. but because the book is not printed, I wiU give you my 'author's own words : Johannes de Berkamsted, vir religiosus et honestce conversationis : Hie in crastino conceptionis beatoe et gloriosm virginis Marioe., scilicet quinto idus Decembris, anno Domini MCC. nonagesimo, per viam compromissi de gremio ecclesice concorditer electus, ad curiam Romanam primus omnium abbatum hujus ecclesice, pro confirmatione electionis suce obti- nenda, personaliter accessit, ibique confirmatus est a summo pontifice Nicholao; et a venerabili L. Ostiensi episcopo et cardinali apud urbem veterem munus accepit benedictionis ; et 49 sic data maxima pecunia papce, et cardinalibus, et aliis de curia, quam de mercatoribus papce duris conditionibus ex mutuo recepit, ab ilia insatiabili curia evasit, expletisque negotiis domum redire festinavit, ^c. By which we may see who of this house went on this occasion first thither, and why it was so earnestly urged from thence. As for the monastery of St Augustine, by reason of the often contentions with the arch bishop, the monks there were much more prone to yield obe dience to Rome, who maintained them for the most against him, than these other were : yet the first of them I find to have ^took this oath was Roger IL, elected abbot 1253. For though the ^benediction of Robertus de BeUo, 1224, were at Rome, where he gained the abbacy ; yet there being no mention of any oath presented to him then, we must think it came in afterwards.! But for the fuller understanding how this visiting the Roman church came in, the reader will give me leave a little to digress. 53. Christians in ah ages have esteemed it a point of singular piety and devotion, for any ghostly father or doctor to have a care of those to whom they have the relation of being a spiritual superior, either by planting christian rehgion amongst them, reducing them out of error, or otherwise some engagement on them. Saint Paul sent for the elders of Ephesus to come unto him at Miletus, from whom they received those wholesome instructions we read in the *Acts of the Apostles ; and according to this example there are divers exhortations in the writings and 1 Vita; Abbatum S. Albani MS. in I 1. 23. Johanue III. Abbat. xxv. ' Ibid. col. 1881), 1. 3. ¦J W. Thorn, [Chronica] col. 18911, [ * Acts xx. 17—35. ni.] INCREASE OF THE PAPAL POWER. 67 epistles of the fathers. Before the year 517, a ^ council held at Tarragona in Spain did ordam, that every bishop, impletis duobus mensibus, se metropolitani sui reprcesentet aspectibus, ut ab illo monitis ecclesiasticis instructus, plenius quod obser- vare debeat recognoscat. Quod si forte hcec implere neglexerit, in synodo increpatus a fratribus corrigatur. Agreeing to which, s Justinian, in the year 541, did estabhsh by law, that for the better observance of the ecclesiastic rules, every arch- 50 bishop, patriarch, and metropolitan, sanctissimos episcopos sub se constitutes in eadem provincia semel aut secundo per singulos annos ad se convocare. And pope ^Zachary, a.d. 743, in a council at Rome, omnes episcopi qui hujus apostolicce sedis ordinationi subjacebunt, qui propinqui sunt, annue idibus mensis Maii sanctorum principis apostolorum Petri et Pauli liminibus prcesententur, omni occasione seposita, SfC. After which Charles the Great did by law ordain, ^ut unusquisque presbyter per singulos annos episcopo suo rationem ministerii sui reddat, tam de fide catholica, quam de baptismo, atque de omni ordine ministerii sui. 54. About which time Boniface, an Englishman, the pope's legate in Germany, and archbishop of Mentz, in a council held in Germany, (the decrees whereof he sent to Cuthbert, then in the seat of Canterbury,) ^declaring how great the care of the rnetropohtan ought to be of those under him, shews every presbyter should once .;* year in Lent give an account to his bishop, who was to instruct him, and with such things as he could not correct himself, to acquaint the archbishop in a synod : Ut si sacerdotes vel plebes a lege Dei devidsse viderim, et corrigere non potuerim, fideliter semper sedi apostolicce et vicario Sancti Petri ad emendandum indicaverim. Sic enim, nifallor, omnes episcopi debent metropolitano, et ipse Romano pontifid, si quid de corrigendis populis apud eos impossibile est, notum facere, et sic alieni fient a sanguine animarum perditarum. Cuthbert, according to this advice, doth appoint Concil. Tarraconense, c. 5, [Concil. i ' Baron. Annal. Tom. IX. ad an. ed. Labb. Tom. IV. 1564.] 1 Novell. Constit. cxxiii. c. 10. [This passage is variously read in the different editions of the Novels. On the practice referred to, see Bingham , Book II. chap. xvi. § 17.] 743, xix. ' Caroli Magni et Ludovici Pii Ca- pitula. Lib. vii.c.l08,[in 'Codex Legum Antiquarum,' p. 1067.] " Spelman. Concil. [Tom. I.] p. 238. 5 2 68 INCREASE OF THE PAPAL POWER. [CHAP. the proceedings of the bishop to be to the archbishop, in the same words he had received it from Boniface ; but 'passeth no farther to the pope : an undoubted argument, it was not then usual m England. I have touched before, the Conqueror did suffer no other correspondency with Rome than what he liked ; Paschahs II. quarreUed with Henry ^I. that nullus inde clamor, 51 to prevent which, this visiting Rome was at the very first inserted into the oath of an archbishop, who being head of the province, all the rest might have the same dependence. 55. But because this did not reach such houses and persons as were exempt from the jurisdiction of the ordinary, acknow-' lodging no superior but the pope ; the council of Lateran under Innocentius IIL, 1215, ^provided, such as pertained immediately to his rule should present themselves before him for confirmation, si commode potest fieri, which was here mishked. But this council speaking not home, in that it tolerated the sending ^personas idoneas, per quas diligens inquisitio super electionis processu et electis possit haberi, ^c, to make the excuse — and being itself (as I shall shew hereafter,) not much regarded till Gregory IX., nephew to Innocentius, inserted it for the most into the Decretals, and framed, as I have said, an oath too, for the stricter obligation unto him — it was again urged by Alex ander IV. ut quilibet, qui in abbatem exemptum extunc eligeretur, Romanam curiam adiret confirmandus et benedi- cendus : which the same author styles ^statutum enorme, and [a little after] cruentissimum^. And whereas some, finding the burden of running to Rome, had obtained as a privilege from thence, ''ut non teneantur sedem apostolicam usque ad certa tempora visitare, contra formam praestiti juramenti ; ex quo illud evenit inconveniens, quod apostolicce sedis dignitas rarius visitatur, in derogationem reverentice quce ab omnibus debetur eidem, ^c. ; the same pope therefore revokes all manner of such concessions to whomsoever formerly granted. In which year, or perhaps 1258, Simon, (elected abbot of St Edmundsbury), confirmed by Alexander IV. the twenty-second of October, is Cf. Spelman. Concil. ubi supra, I " Mat. Paris, [Hist. Major] a. u. § 'Ut episcopi' : et p. 251, § 25. 2 Eadmer. p. 113, 1. 2. ^ Concil. Lateran. iv. c. 26, [Labbe, Tom. XI. Part i. 177.] * Ubi supra. 1257, p. 951, 1. 43. n Ibid. p. 956, 1. 7. ' Odoric. Raynald. Annales Eccl. Tom. XIV. ad an. 1257, § .W. Hi.] INCREASE OF THE PAPAL POWER. 69 ^ noted to have been primus exemptorum in Anglia ad curiam Romanam pro sua confirmatione vocatus. 56. Yet the court of Rome, however thus earnest at first, (either perceiving it ill relished abroad, and that forcing sudden 52 mutations in religion not to be of so good consequence), in her prosecution was more moderate. ^On Roger, the twenty-fourth abbot of St Alban's, 1263, I do not find it at all pressed ; his successor John, the twenty-fifth, I have shewed, was the first went thither for it. So likewise '"Philip, abbot of Westminster, 1258, obtained the favour to stay at home, and Richard Ware, his successor, fetched his consecration first thence. But after the court was fully in possession of what turned so much to her advantage, an excuse was "hardlier admitted ; and if any were, it was by paying a good round sum for it. It is remembered, Michael, abbot of St Augustine's, elected 1375, did give papce et cardinalibus ut possit benedid in Anglia £183. 2s. 6d. ; and accordingly some other. The papacy [by these steps gained upon the Enghsh church, and] having by these ways abated the power of the archbishop, found it easy, his let removed, to bring the rest of the clergy whoUy to depend upon it, by raising whom it liked to oppose that prelate, who were bound to maintain the papal authority which supported them in what they did, and wringing the investitures (so far as lay in their power) out of the hands of princes, to interest the pope and his party in several particulars; under the notion of being matters ecclesiastical. By which he brought the elections of bishops solely to the convent, excluding both king and others, and became as patron of most spiritual promotions in England : which '2 form he yet laboured in the end to break too, by reducing all to his own gift. For the understanding of which, as not impertinent to that I treat of, it will be necessary to look a little higher. 57. When any place became destitute of a bishop, it seems to me at first, in the primitive church, the lay as weU as the clergy did concur in nominating who were to succeed in the 0 Monasticon Anglicanum [Vol. I.] p. 296, col. 1. " Vita: Abbat. 3IS. [See above, note 1, p. 66.] i» Mat. Paris, Hist. Major, p. 972, 1. .M : [" vix tandem .... data non modica pecuniae quantitate."] 11 W. Thorn, [Chronica] col. 2185, et seqq. 12 Lettres du Cardinal D'Ossat, ccxcvi. p. 686 : [a Paris, 1627.J 70 INCREASE OF THE PAPAL POWER. [CHAP. charge ; that he who was to have the inspection of all, might 53 not be brought into it with the repugnancy of any. And this custom was so general, as 'St Cyprian and thirty-six bishops more, meeting in council about the year 255, writing to certain in Spain, spake as if it did descend de divina auctoritate. It is not to be doubted but this course gave sometime opportunity to ambitious and contentious spirits (as ^St Augustine calls them) of troubhng the church's peace : and therefore ^the council of Laodicea, before the year 360, did appoint the elections to priesthood not to be *by multitudes ; and divers holy bishops, desiring peace might continue after them in their flock, were careful, or ever they died, to know the person was to succeed in their chair. Severus, bishop of ^Mela in Africa, had expressed to the clergy only, whom he thought fit to have been admitted after him to his episcopacy. This was likely to have bred some stir, in respect the people were not acquainted with it, had not ^St Augustine by his pains and wisdom allayed the dispute : to avoid which, that good man nominated one Eradius for his successor, whom the people with loud acclamations approved. 58. This concurrence or joining of the lay with the clergy (that qui prcefuturus est omnibus ab omnibus eligatur, as 'Leo speaks) in choice of bishops, I do no way question to have continued in the church tiU after Charles the Great, in whose Capitulars we find, ut ^episcopi per electionem cleri et populi [secundum statuta etc.] eligantur ; and to have been sent hither by Gregory the Great, who in ^his Epistles seems to make mention of it, as we do find '•'steps of it in our own historians. [But generaUy popular elections do carry so huge disorders, the contentions moved in them so great, the ambition of the standers so notorious, the partiality of the people so scandalous — sometimes preferring persons of no parts before ' Cyprian. Epist. Ixviii. c. 4: ed. Pamelii. 2 Epist. c.^. [Opp. Tom. II. p. 332, D.] ^ Concil. Laodicen. c. 13, [Labbe, Tom. I. 1498.] ¦' ' Non est permittendum turbis elec tionem eorum facere.' Distinct. Ixiii. c. 6 : [Apud Corpus Juris Canonici, Vol. I. p. 83.] 5 Milevis. * Epist. ex. ubi supra. ' Leo, Epist. Decret. Ixxxix. c. 6, [Opp. p. 160, a.] * Caroli Magni Capitula, Lib; i. c. 84. ' Lib. II. c. 26, Indict, x. : c. 61, 65, Indict, xi. 1° Vid. Continuat. ad Florent. Wigorn. a. d. 1128, p. 663 : a.d. 1139, p. 671. IIL] INCREASE OF THE PAPAL POWER. 71 others of great worth and learning— as that manner upon great considerations hath in divers places been altered.] And cer tainly with us, however there might be some formalities of the people, the chief of elections here ever depended on the prince ; as may be gathered by that speech of Wolstan to the Con fessor's tomb, "that he had compelled him to take the pastoral staff. And Edward III. wrote to Clement VI. : ^^Cathedrales... ecclesias progenitores nostri dudum singulis vacationibus ea- rundem personis idoneis jure suo regie libere conferebant, et postmodum, ad rogatum et ad instantiam dictce sedis, sub certis modis et conditionibus concesserunt, quod electiones fierent in dictis ecclesiis per capitula earundem, etc. So like wise in the parliament, 50° Edward IIL, the commons shew, the king and great men were formerly in peaceable possession of giving preferments' in holy church. But I will give the words themselves, because I wiU not err in the translation : "ies roys et autres grandes . . .feurent en peisible possession de doner les esglises et les benefices de seint esglise; come fist le roy seint Edward, qui dona I'evesche de Wircestre a seint Wol- ston. Et puis, par devotion des roys fuit grante, et par la court de Rome conferms, que les cathedralx esglises averoient frank election de lour prelatz, solonc la ley [de] Dieu et de seint esglise ent ordeigne, perpetuelement a durer. And a httle '*after : Les roys d'Engleterre soloient doner evesches et autres grantz dignitees trestouz, come il fait a jour de huy esglises parochiels, et le pope ne se medlast de doner nidi benefice deinz le royalme tan que deinz brief temps passe. 59. And this to have been likewise the custom in France, the complaint of the French ambassador to Innocentius IV. assures us : ^^Non est multum temporis (saith he) quod reges Francorum conferebant omnes episcopatus in camera sua, ^c. ; and our writers do wholly look upon the placing Lanfranc in Canterbury, as '^the king's act, though it were not '^ without the 1 ' Ailred. Rievall. de Vita et Miraculis Edw. Confess, col. 406, 1. 37. 12 Epist.Edw.III. apud Thom. Wal singham, i.D. 1343, p. 162, 1. 26, etc. 13 Rotul. Pari. 50° Edw. III. § 94. " Ibid. § 110. 1= Additamenta Mat. Pari.s, MS. in Biblioth. Cotton. [Nero,D, i : fol. 128, a, col. 1. There are several different sets of pagings : this reference is according to 54 the one, which from its distinctness seems most recent.] 1^ ** A Willielmo Lanfrancus electus est." W. Malmesbur. [de Gestis Pontif. Lib. I. p. 205, 1. 19] : "Rex (Lanfran- cum) archiepiscopum constituit Cant. Eccl." Florentius Wigorn. a.d. 1070, p. 637 : Simeon. Dunelm. col. 202, 1. 36. " Eadmer. p. 6, 1. 41. 72 INCREASE OF THE PAPAL POWER. [CHAP. advice of Alexander II. Neither did 'Anselm ever make scruple of refusing the archbishopric, because he was not chosen by the monks of Canterbury : and in that letter of them to Paschahs II., 1114, though they write Ralph in praesentia gloried regis 55 Henrid electus a nobis et clero et populo ; yet whosoever will note the ^ series of that election, cannot see it to have been other than the king's act ; insomuch as our ^writers use often no other phrase than the king gave such preferments, &c. And whilst things stood thus, there was never any interposing from Rome, no question who was lawfuUy chosen ; the popes there fore did labour to draw this from the princes' meddling with, as much as was possible. Some essay might be, 1108, at the settling investitures, for then Anselm * wrote to Paschalis, rex ipse in personis eligendis nullatenus propria utitur voluntate, sed religiosorum se penitus committit consilio. But this, as the practice proved afterwards, was no more but that he would take the advice of his bishops, or other of the clergy ; for, 'as Diceto well observes, our king did in such sort follow the eccle siastic canons, as they had a care to conserve their own rights^ The fittest way therefore for the pope to get in was, if there should happen any dissensions amongst themselves, that he, as a moderator, a judge, or an arbitrator, might step in. 60. About the Conquest, an opportunity was offered on the contentions between the two archbishops for primacy ; in which Canterbury stood on ^the bulls (true or false) of former popes, that had as a great patriarch made honourable mention of them. When they were both, 1071, ^with Alexander IL, by his advice it was referred to a determination in England ; and accordingly, 1072, Wilham I. with his bishops made some settlement, which by them of York was ever stumbled at, pretending the king ^out of reason of state sided with Can terbury. But this brake into no pubhc contest till, 1116, Thurstan elected to York 'endeavoured at Rome to divert the making any profession of subjection to Canterbury ; but faihng in the attempt — that court not hking to fall into a contest it ' Vid. ibid. p. 16, 1. 48 : p. 17, 1. 18, etc. 2 Eadmer. p. 109, 1. 40, etc. ^ Hen. Huntindon. Lib. vii. p. 385, 1. 11. * Apud Eadmer. p. 93, 1. 42, etc. = A.D. 1175, col. 887, 1. 21. ^ Vid. eas apud Malmesbur. [de Gestis Pontif. p. 208, etc. ] ' Lanfranc, Epist. iii. p. 301. « Thom. Stubbs, Actus Pontif. Ebor. col. 1706, 1. 31. s Eadmer. p. 118, 1. 5; 1. 15, etc. in.] INCREASE OF THE PAPAL POWER. 73 was not probable to carry — resigned his archbishopric, spondens regi et archiepiscopo, se, dum viveret, [ilium] non reclama- 56 turum : yet after the '» clergy of York sued to the pope for his restitution, which produced that letter from Paschahs II. , in his behalf to Henry I., is m Eadmerus; wherein he desires, if there were any difference between the two sees, it might be discussed in his presence. Which was not hearkened to ; but Cahxtus IL, "in a council by him held, 1119, at Rheims (of which before) — the English bishops not arrived, the king's agent protesting against it, the archdeacon of Canterbury telling the pope, that jure he could not do it — consecrated him archbishop of York: upon which Henry prohibits him all return into his dominions. And in the interview soon after at Gisors, though Cahxtus earnestly laboured the admitting him to his see, the king would by no means hearken to it. So the pope left the business as he found it, and Thurstan to prove other ways to gain the archbishopric. 61. Who thereupon became an actor in the peace about that time treated between England and France : in which his comportments were such, [the king '^ himself was sometimes heard to say he would not for five hundred marks have wanted his assistance, and it] ^^proniorem ad sese recipiendum regis animum infiexit ; so as upon the pope's letters he was after wards restored, '*ea dispositione, ut nullatenus extra provindam Eboracensem divinum officium celebraret, donee ecclesice Cantu ariensi . . . satisfaceret. This I take to be the first matter of episcopacy that ever the pope (as having a power elsewhere of altering what had been here settled) did meddle with in England. It is true, whilst they were raw in Christianity, he did sometimes recommend pastors to this church — so '* Vitalian did Theodore — and farther shewed himself sohcitous of it, by giving his fatherly instructions to the English bishops to have a care of it — so did Formosus or some other by his letters, '^904, upon which Edward the elder congregated a synod, wherein five 57 '0 Ibid. p. 120, 1. 50 : p. 121, 1. 6, etc. 11 Ibid. p. 125. 12 [Thom. Stubbs, Actus Pontif. Ebor. col. 1717, 1. 1] 13 Simeon. Dunelm. a.d, 1120, col. 242, 1. 25. n Eadmer. p. 136, 1. 43, etc. 1* Bed. Hist. Eccl. Lib. iv. c. 1. 1^ Note, Malmesbury [de Gestis Re gum, p. 47, 1. 66], says this was a.d. 904, but that agrees not with the pope dom of Formosus; Baronius, therefore, corrects it, and makes a.d. 894 (§ xi.) but at that time Edward was not king. 74 INCREASE OF THE PAPAL POWER. [CHAP. new bishops were constituted, by which an inundation of pagan ism, ready to break in on the west for want of pastors, was stopped. But it is apparent, this was done not as having dominion over them ; for he so left the care of managing the matter to their discretion, as he did no way interest himself in it farther than advise. 62. A meeting of Enghsh bishops, 1107, at Canterbury,- or (as Florentius Wigornensis styles it) a council restored the abbot of Ramsey deposed, 1102, ^apostolico jussu, or, as Ead merus, "^juxta mandatum domini papae. It is manifest, this command from Rome to be of the same nature those I mentioned of ^Calvin's, or at the most no other than the intercession of the patriarch of a more noble see, to an inferior, that by his means had been converted ; for his restitution, after the recep tion of the papal letters, seems to have been a *good while deferred : so that what passed at Rome did not disannul his deprivation here, till made good in England, as at a time when nothing thence was put in execution but by the regal appro bation — as the pope himself 'complained to the king. But after the church of Rome, with the assistance of the English clergy, had obtained all elections to be by the chapters of the cathedrals, upon every scruple she interposed herself. 63. The greatest part of the convent of London, 1136, * chose Anselm, abbot of St Edmundsbury, for their bishop, contrary to the dean's opinion and some few of the canons, who appealed to Rome ; where the election, 1138, was dis annulled, the bishopric by the pope recommended to Winchester, his then, or rather soon after, legate; which so remained till 1141. This is the first example of any bishop chosen, received and in possession of a church in this kingdom, whose election was after quashed at Rome, and the sentence obeyed here ; as it is likewise of any commendam on papal command in the church of England. [For in times preceding, if need required any such thmg, it was by regal authority commanded without the papacy at ah interposing, a. d. 962 : ''Rex JEdgarus Lundoniensem ecclesiam propria pastore viduatam commisit ' Florent. Wigorn. [Chronicon], A. d. 1107, p. 653. 2 Eadmer. p. 92, 1. 14. ¦' Supra, § 20. ¦¦ " Hoc per literas olim mandaverat." Eadmer. p. 92, 1. 15. * Ibid. pp. 113, 115. ^ R. de Diceto, [Abbrev. Chron. J coll. 506, 507. ' Pbid. col. im, 1. 46, etc.] III.] INCREASE OF THE PAPAL POWER. 75 regendam Dunstano Wigornensi episcopo. Et sic Dunstanus Lundoniensem ecclesiam commendatam habuit etnon titulatam.J And what was now done seems not^ to have passed without the 58 king's concurrence. 64. For to 8 deprive William, elected somewhat after arch bishop of York, where he did not join, was not so easy. This man chosen, 1142, by the greater part of the chapter, after five years' suit in the court of Rome, ^St Bernard opposing him, had in the end his election annuUed by Eugenius IIL, in a council held at Rheims ; the canons of York exhorted to choose another ; some of which made choice of Henry Murdac, then as it seems with the pope : who coming as archbishop into England, was not suffered to enter on his archbishopric, and excommunicating Hugh de Puzat, a person preferred by William, was himself by him excommunicated, no intermission of divine service in the city admitted ; and Henry's means to gain his see was by drawing the bishop of Duresme, Carhsle, the king of Scots, and, by the pope's advice, this very Hugh by sweetness to his party, and in the end by the king's son — whom it seems he promised to get advanced to the crown by the power of Rome — making his peace with Stephen, who soon after em ployed him thither on that errand. And this I take to be the second Enghsh election was ever here annuUed by papal authority. 65. Here I may observe, that at first, whenever the pope made void an election, he did not take upon him to appoint one in the place vacant : but either sent to the clergy of the same church to choose another, as those to whom it appertained — so did Eugenius III. to York when this '"H. Murdac was chosen, Innocentius III. when "Stephen Langton — or else the bishopric lay vacant, as '^London after Anselm from 1139 to 1141. But elections being with much struggling settled wholly in the clergy, and Innocentius III. having '^by definitive sentence excluded the English bishops from having any part in that of the archbishop of Canterbury, they becoming whoUy appro priated to the chapters of cathedrals, the pope began to creep " Vid. Johan. Hagustald. a.d. 1142 -1152. s S. Bernard. Epist. ccxxxiv. etseqq. i» Johan. Hagustald. col. 276, 1. 8. 11 Mat. Paris, [Hist. Major] a.d. 1207, p. 222, 1. 40. 12 R. de Diceto, [Abbrev. Chron.] col. 507, 1. 53 : col. 508, 1. 20. 13 Mat. Paris, a. d. 1206, p. 214, 1. 44, etc. 59 76 INCREASE OF THE PAPAL POWER. [CHAP. in, and ^ex cencessa plenitudine ecclesiasticce potestatis, (as he speaks), without any formality of choice, to confer not only bishoprics, but other ecclesiastic promotions, within the precincts of others' dioceses, and by that means to fill the fat benefices of the nation. The first archbishop of Canterbury promoted by this absolute power of the church of Rome seems to have been Richard, 1229, ^non electo ad archiepiscopatum, sed dato. 66. The 3 French agent, in his remonstrance to Innocentius IV., attributes the beginning of these coUations to Innocent III. ; and I have not read that either Paschalis IL, Gelasius, Calixtus, or Innocent IL, though forced to hve sometimes out of Rome, did ever exercise authority that way. But I will give it in his own words : Certe non multum temporis elapsum est, ex quo dominus papa Alexander, persecutionis cogente incommode, venit in Eranciam, confugiens ad subsidium inclytoe recordationis regis Ludovici patris regis Philippi ; a quo benigne sus ceptus est, et stetit ibi diu ; et forte vivunt aliqui qui vide- runt eum : ipse tamen in nullo gravavit ecclesiam Gallicanam, ut nee unam solam prcebendam aut aliud beneficium ipse papa dederit ibi, sed nee aliquis praedecessor suus, nee multi etiam de successoribus dederunt in sua auctoritate beneficium aliquid, usque ad tempora domini Innocentii III, qui pnmus assump sit sibi jus istud in tempore suo. Revera dedit multas praebendas, et similiter post ipsum dominus Honorius et do minus Gregorius simili modo fecerunt ; sed omnes prcedecessores vestri, ut publice dicitur, non dederunt tot beneficia ut vos solus dedistis, ^c. 67. In what year the ambassador from France made this 60 complaint, is not set down ; but * Matthew Paris, in his Historia Minor, makes mention of it as done in or about 1252. Diebus sub eisdem, episcopo Lincolniensi computante, com- pertum et probatum est quod iste papa, scilicet Innocentius quartus, plures redditus extortos ad suam contulit voluntatem, quam omnes ejus prcedecessores; prout manifeste patet in 1 Bulla Gregor. IX. apud Mat. P.iris, [Hist. Major] a.d. 1229, p. 355, 1.46. 2 Ibid. 1. 43. •' Additamenta Mat. Paris, MS. in Biblioth. Cotton. [Nero, D, i : fol. 127, a, coll. 1, 2.] 1 Mat. Paris, Hist. Minor, ad an. 1252. [In C.C.C. Cambridge, Ivi.] IILJ INCREASE OF THE PAPAL POWER. 77 lugubri querimonia quam reposuerunt Franci coram papa pro suis intolerabilibus oppressionibus, quce redacta est in scriptum epistolce admodum prolixce, quce sic incipit, 'Dicturus quod injunctum est mihi,' etc. Quaere epistolam, SfC. By which it appears, that great hberty the papacy took in conferring eccle siastic preferments within the dioceses of others, took its rise from pope Innocent, and, as it seems to me, not at the very beginning of his time; for, 1199, ^Gelardus, archdeacon of St David's, coming from Rome, quia idem G. Menevensis ecclesias in curia Romana se dicebat electum, hoc ipsum cassavit archiepiscopus, et alium sacravit canonice electum; though he after bestowed on him a church of twenty-five marks : and this in a case the pope had so earnestly espoused, as he wrote to the bishops of Lincoln, Duresme, and Ely, si archiepiscopus Cantuarice scepe dictum Gilardum consecrare differret, ipsi apostolica authoritate freti ilium consecrare non differrent — which yet the archbishop, as against the English liberty, did not doubt to oppose and disannul. [And here I cannot omit the advising the reader carefully to observe the buUs, charters, subscriptions and writings, he meets with in old ' Leiger' books and transcripts of monasteries : for in those times when few men were masters of pen and ink but. the ecclesiastics, things have been obtruded which have no affinity with the age they pretend. Yet some learned men have been not a httle deceived by them. We see by this pro viding men of livings in other bishops' dioceses, popes did not use it before Innocentius III. ; yet the author of that treatise, De vera differentia regice potestatis et ecclesiasticae, set out, in Henry the eighth's time, an ^expostulatory letter as of the Conqueror's to shew the abuse of them long before they were heard of in England. So in the ''Monasticon Anglicanum, Theodore subscribes himself an apostolic legate, when no arch bishop did so till A.D. 1127, as I have shewed, and he in other subscriptions, less subject to corruption, doth it not ; and the council of Calcuith (as I have noted) records the speech of one of them, confessing the pope to have sent hither no priest or = R. de Hoveden, [Annal. Part. Post.] p. 799, 1. 8, etc. Gervas. Dorobern. [Actus Pontif. Cant.] col. 1682, 1. 27, etc. e [fol. 53. b : ed. 1634.]| [The full title of this tract is ' Opus eximium de vera differentia regiae potestatis et eccle siasticae, et quae sit ipsa Veritas ac virtus utriusque.'] ' [Vid. supra, § 3, § 26.]| 78 INCREASE OF THE PAPAL POWER. [CHAP. legate, since Augustine himself That the pope's legates did subscribe no higher than other of their order, I have shewed before {§ 18) and I myself have seen ; yet Sir Henry Spelman, in his second tome of Councils [p. 6], I find to rank him after the queen, as I have seen him in other late books so ranked; differing from other of elder and better note. And this hath been often laid to their charge, and sometimes they have been convicted of it.] 68. But thus it continued not long: for 'Honorius,. the immediate successor to Innocentius IIL, shewing such as served the apostolic see, and resided with it, were worthy congruis benefioiis honorari, and were therefore possessed of divers both in England and other parts, which they did administer with so great care, quod non minus benefidantibus quam benefioiatis iitiliter est provisum ; unde, quia nonnunquam beneficiatis 61 hujusmodi decedentibus, beneficia quce obtinuerant, inconsultis his ad quos eorum donatio pertinebat, aliis successive collatis, perpetuo illis ad quos pertinent videbantur amitti, propter quod etiam murmurabant plurimi, et alii se diffidliores ad conferendum talibus beneficia exhibebant : nos volentes super hoc congruum remedium adhibere, ne cuiquam sua liberalitas sit dampnosa, per quam potius meruit gratiam et favorem, statuimus, ut clericis ecclesice Romance, vel aliis Italids, qui praebendas vel ecclesias, seu alia ecclesiastica benejicia in Anglia obtinent vel obtinuerint a modo decedentibus, prcebendce vel ecclesice, seu alia beneficia nequaquam a nobis vel alio ilia vice alicui conferantur, sed ad illos libere redeant ad quos illorum donatio dinoscitur pertinere, ^c. Dat. Lateran. ^quarto Kalend. Martii, pontificatus nostri anno quinto. 69. Yet neither this, nor the renewing of it by Gregory IX. — with a special indulgence 'directed venerabilibus fratribus universis archiepiscopis et episcopis, ac dilectis filiis abbatibus, et aliis ecclesiarum prcelatis per Angliam constitutis . . .ut si quando ad vos literce apostolicce pro beneficiandis hujusmodi de ccetero emandrunt, ad provisionem ipsorum inviti non teneamur, nisi de hac indulgentia plenam fecerint mentionem. Dat. Lateran. *15 Kalend. Maii, pontificatus nostri anno quarto, — could quiet the Enghsh, or keep them from that confederation ' In antiquo J\IS. Bullarum Roman. Pontif. Archiepisc. Cant. Bulla vi. Honor. III. ¦' 26Febr. A.D. 1221. ' In eodem MS. Greg. IX. Bulla iii. ' April 17, ^v.D. 1230. III.] INCREASE OF THE PAPAL POWER. 79 in Matthew Paris, a.d. 1231, beginning, ^Tali episcopo et tali capitulo, universitas eorum, qui magis volunt mori, quam a Romanis confundi, ^c. Which the popes, by wisdom, and joining the regal authority with their spiritual, found means to bring to naught; and pursuing the papal interest without regarding what had passed from them, gave the kingdom occa sion,' 1241, to ^observe, that in only three years Otho had remained legate here, he bestowed more than three hundred spiritual promotions, ad suam vel papce voluntatem; the pope having 'contracted (as the report went) with the Romans, to confer to none but their children and allies the rich benefices here, especially of religious houses — as those perhaps he had 62 most power over — and to that effect had written to the bishops of Canterbury and Salisbury, ut trecentis Romanis in primis benefidis vacantibus providerent. So that in the council at Lyons, 1245, they complain of these exorbitances, ^and shew the revenues the Italians received in England not to be less than sixty thousand marks, (of which more ^hereafter) ; and in the year following, 1246, reiterated their griefs to Innocentius IV. ^"quod Italicus Italico succedit. Which yet was with little success : for the popes having (as we have heard) first settled all elections in the ecclesiastics, and after upon several occasions, on the submitting of the English to his desires, bestowed the benefices in this and other kingdoms on his dependants, "John XXII. — or (as '^some seem to think) Clement V., his immediate predecessor — endeavoured the breaking of elections by cathedrals and convents, reserving the free donation of all preferments to himself alone. 70. From whence proceeded the reiterated complaints against papal provisions, in the ['^history and] parliaments of Edward III. and Richard II. — for this kingdom never received his attempts in that kind — to which purpose the history '*of John 5 Mat. Paris, Hist. Major,' p. 371, 1. 18. « Ibid. p. 549, 1. 17, 1. 23, etc. ' Ibid. p. 532, 11. 43—50. *¦ Apud M. Paris, p. 667, 1. 36. 9 Cap. iv. § 17. '" Mat. Paris, a.d. 1246, p. 699, 1. 9. '1 Lettres du Cardinal D'Ossat, [ccxcvi. p. 686.] 12 Rot. Pari. 3" Ric. II. § 37. 1^ [Hen.de Knyghton, A.D. 1343, col. 2583, 1.36, etc.] " W. Thorn, col. 2082, 1. 4, etc. Vid. Thom. Walsingham, a.d. 1374, p. 188, 1. IS : Thorn, col. 2187, 1. 57. See the history of Nicholaus de Spyna resigning the abbey of St Augustine's, and, on his nominating him, Thomas Fyndon pre ferred to be abbot there by Martin IV., who on the receipt of the papal bulls ac- 80 INCREASE OF THE PAPAL POWER. [CHAP. Devenish is remarkable. The abbot of St Augustine's dying 1346, the twentieth of Edward IIL, the convent by the king's leave chose William Kenington ; but Clement VI. by provision bestowed the abbacy on John Devenish, whom the king did not approve of, yet came thither armed with papal authority. The prior and convent upon command absolutely denied him entrance, 63 ingressum monaster ii in capite denegando ; who thereupon re turned to Avignon. The business lying two years in agitation, the king in the end, for avoiding expences and other inconveni ences, ^ex abundanti concessit ut, si idem Johannes posset obtinere a summo pontifice quod posset mutare stylum sum creationis sive provisionis, scilicet non promoveri abbatia prce- dicta ratione donationis vel provisionis apostolicce, sed ratione electionis capituli hujus loci, ilia vice annueret, et suis tempo ralibus gaudere permitteret. Sed quidem hujusmodi caiisa coram ipso summo pontijice proposita, concludendo dixit, se malle cedere pontifioio, quam suum decretum taliter revocare, §-c. Which so afflicted the poor man, as the grief killed him on St John Baptist's eve, 1348, without ever entering the abbey; and the dispute still continuing, the pope, 1349, wrote to the king, ^ne rex impediret, aut impediri permitteret promotes a curia per bullas acceptare beneficia sibi taliter incumbentia. To which his majesty answered, quod rex bene acceptaret pro visos clericos qui essent bonce conditionis, et qui digni essmt promoveri, et alios non. 71. But the year fohowing, 1350, 25° Edward IIL, the ^commons meeting in parliament complain with great resentment of these papal grants, shewing the court of Rome had reserved to itself both the collation of abbeys, priories, &c. as of late in general all the dignities of England, and prebends in cathedral churches, &c. Upon which the statute of provisors was in that parliament enacted ; which was the leader to those other statutes, 27° and 38° Edward III. *The 48° Edward IIL, 1374, the quainted Edward I. with what had passed at Rome, himself being in England ; yet by command of the house was seized into the king's hand, and he at the parliament held at Acton Burnelliined four hundred marks, pro eo quod sicfuerat creatus in abbatem, licentia domini regis minime petita. Thorn, col. 1939, 1. 1 ; col. 1934. ' Vid. 'Variantes Lectiones'in Thorn, ad col. 2117, 1. 64. Quae vero ibi debent interseri pertinent ad histor. de qua hie agitur, col. 2082. 2 Hen. de Knyghton, [de Eventibus Anglic] col. 2601, 11. 37—51. 3 Rot. Pari. 25o Edw. III. Oct. Purif. § 1 3. See the words of the petition, cap iv. § 15. ' Thom. Walsingham, p. 188, 1. 18: III.] INCREASE OF THE PAPAL POWER. 81 treaty between that king, and Gregory XI. was concluded after two years' agitation, wherein it was expressly agreed, quod papa de ccetero reservationibus benefidorum minime uteretur, ^c. Notwithstanding which, the commons the next parliament pre ferred a petition, shewing ^aU the benefices of England would not suffice the cardinals then in being, the ^pope having by the addition of twelve new ones raised the number to thirty, which 64 was usuaUy not above twelve in all ; and therefore they desire it may be ordained and proclaimed, that neither the pope nor cardinals have any procurator or collector in England, sur peine de vie et de membre, SfC. And the inconveniences still continuing, 3° Richard II. produced that ^statute is in the print — I shall not here repeat otherwise than that the commons in the roll seem to lay the beginning of these excesses no higher than Clement V. 72. By these arts, degrees and accessions, the church of Rome grew by little and httle to that unmenseness of opinion and power it had in our nation ; which might in some measure — whilst it was exercised by connivance only, upon the good correspondency the papacy held with our kings and church — be tolerated, and the kingdom at any time by good laws redress the inconveniences it sustained. But that which hath made the disputes never to be ended, the parties not to be reconciled, is an affirmation that Christ commanding Peter to feed his sheep, did with that give him so absolute a power in the church — and derived the like to his successors, bishops of Rome — as without his assent no particular church or kingdom could reform itself: and — for that he as a bishop cannot be denied to have as much power as others from Christ, and may therefore in some sense be said to be * Christ's vicar — to appropriate it only to the pope, and draw thence a conclusion that jure divino he might and did Rot. Pari. 1° Ric. II. § 66 : W. Thorn, A.D. 1373, col. 2187, 1.68. s Rot. Pari. 60'' Edw. III. § 110, § 115. « Greg. XI. ' Statutes, 3° Ric. II. c. 3:7° Ric. II. c. 12. * " Christi autem vicarii sacerdotes sunt, qui vice Christi legatione funguntur in ecclesia.'' Euseb. Pap. Epist. iii. [apud Concil. ed. Labb. Tom. I. 1389.] [twysden.J " Electum vero a fratribus Christi vica rium dignanter suscipiant" (scil. in Ab batem). Monachorum Hydensium leges ab Edgaro, t. xv. : apud Spelman. Concil. [Tom. I.] p. 440. "Quis locus poterit esse tutus, si rabies sancta sanctorum cruentat? et vicarios Christi, alumnos ecclesiae, impune dilacerat?" Ep. W. Senonensis Archiep. apud R.de Hoveden, A.D. 1171, p. 523, 1. 39, etc., de morte Thomas Archiepiscopi. 6 82 INCREASE OF THE PAPAL POWER. [CHAP. Command in aU particulars vice Christi : [as he who held ' locum Dei in terris ; ^de cujus amplitudine [potestatis] disputarefas non est, that ^non puri hominis sed veri Dei vicem gerit in terrisj. And though no other church in the christian world doth agree with the Roman in this mterpretation — ^though his torians of unquestioned sincerity have, as we have in some 65 measure heard, in their own ages dehvered when and how these additions crept in, and by what oppositions gained — ^that our princes have, with the advice of the lay and clergy, ever here moderated the exorbitances of the papacy in some particular or other, and hkewise reformed this church — though the stipula tions between our kings and Rome have not been perpetual, but temporary, not absolute, but conditional ; as is to be seen in that passed between Alexander III. and Henry IL, viz. '^juravit quod ab Alexandre summo pontijice, et ab catholicis ejus successori bus non recederet, quamdiu ipsum sicut regem catholicum habuerint — ^that the Enghsh bishops being excommunicated by the pope, ^ might not take an oath of obedience to his commands, quia regni consuetudines impugnabat, though he did never exercise any authority here, but according to such stipulations, contracts and agreements with our princes, as the laws per mitted ; and therefore when he sent hither a legate a ' latere, " *he was tretyd with or he cam in to the lond, when he schold have exercise of his power, and how myche schold bee put in execution : An aventure, after hee had bee reseyved, hee whold have used it to largely to greet oppression of your peple, &c." — as the archbishop wrote to Henry V., as I have shewed J 43. 73. Though the lawyers of the kingdom do ^constantly affirm, as the law and custom of the realm, the king's courts never to have carried regard to any foreign excommunication, and if any such came from Rome, ^not to be put in execution, but by aUowance first had — to which effect it is remembered, the bishops of London and Norwich having published in their dioceses the pope's excommunication of Hugh, earl (as it seems) 1 [Innocent. III. apud Gervas. Doro bern. col. 1624, 1. 67. J 2 [R. de Hoveden, p. 733, 1. 38.] ^ [De Translatione Episcopi, t. 3.]] [Vid. Corpus Juris Canon. Tom. II. p. 29.] * Gervas. Dorobern. col. 1422, 1. 18 : R. de Hoveden, a. d. 1172, p. 529, 1. 32^' ^ Joan. Saresber. Epist. cclxxx. p. 483. * Epist. Henr. Chichele, in vita ejus, p. 36. ' [La Graunde Abridgement, par M. Ant. Fitzherbert,] ' Excommengement,' §§ 4, 6, 10: [fol. 361, b : ed. 1565.] x Vide Hoveden, p. 496, 1. 37. IIL] INCREASE OF THE PAPAL POWER. 83 of Chester, without the privity of Henry II. or his chief justi ciary, the king's writ issued out in this manner : ^ Londoniensis et Norwicensis episcopi sint in misericordia regis, et summ,one- antur per vicecomites et bedellos, ut sint ^^ contra justidcts regis, 66 ad rectum faciendum regi et justidis ejus de eo quod, contra statuta de Clarendone, interdixerunt ex mandato papce terram comitis Hugonis, et excommunicationem quam dominus papa in ipsum fecerat per suas parochias divulgaverunt sine licentia regis. This however contracted in Hoveden, 1165, and in "Paris, 1164, yet the difference is such as may deserve a re membrance. It seems to me, what our kings claimed, not to be altogether unlike the ^^ exequatur of Naples, observed to this day in that kingdom, notwithstanding aU contests from Rome. 74. Neither did the crown ever relinquish this right, not at the peace after Becket's death, when '^ Henry II. assented to quit no other than consuetudines quos introductae sunt tempore • mo; [which he reputed aut paucas aut nullas'^* ; and this is clear not to have been, as appears by '^Eadmerus]. It is farther observable, that by the common laws (that is, '^the common custom of this realm) the '* sentence of the archbishop is vahd in England, and to be aUowed in the king's courts, though con- troUed by the pope. [For the farther manifesting of which, that of '^St Dunstan may be here added (to those remembered § 17) of a certain earl marrying within the degrees of consanguinity, who excommu nicated by Dunstan, hath his recourse first to the king; but finding that not to persuade the austere bishop to give him absolution, proceeds to Rome, from whence he obtains a com mand, ut eum absolveret : to which, ' Absit hoc,' inquit Dun stanus, ' ut causa alicujus mortalis hominis contemnam legem Dei mei:' quod videns comes pcenituit et uxorem suam re- pudiavit, nudisque pedibus laneis indutus virgamque in manu gerens cecidit ad pedes Dunstani, et tunc primo absolutus est. 9 Ex antiquo MS. 10 « Coram justiciariis regis." R. de Hoveden, [p. 496, 1. 52.] 11 Hist. Major, p. 103, 1. 43. 12 Girolamo Catena, Vita di papa Pio V". pp. 96, 97, 98, 100 [in Roma, 1687] : Adriani, Istona de' suoi Tempi, Lib. xix. p. 1378, A [in Venetia, 1587.] 13 Gervas. Dorobern. col. 1422, 1. 60. '¦' [Hen. II. apud Joan. Saresber. Ep. ccxc] 15 Hist. Novorum, p. 6, 1. 24, etc. 16 [La Graunde Abridgement,] 'Ac- cion sur le cas,' § 25, [fol. 13.] 1' [Ibid.] 'Excommengement,' § 6, [fol. 361, b.] 1= [Capgrave, Nova Legenda, in Vit:i Dunstan. fol. xciii. b, col. 2.] 6 2 84 INCREASE OF THE PAPAL POWER. [CHAP. I wiU not examine the truth of this narration, which I confess* I find some difficulty of agreeing in every circumstance with the use of the times ; in which princes as weU as bishops did settle matrimonial causes, as the Codex of Theodosius and Justinian, the forms by them used in dispensations, divorces, &c. remaining in 'Cassiodorus, then- laws and of Alfred, Edmund, Canutus, assure us. However, it shews the opinion this church entertained of the papal commands being only suasory, which the archbishop laid aside as occasion served, conceiving his authority no other than human, and not binding tiU admitted here by him. See §54.]... To shew farther our princes had no regard to any thing of this nature from thence, other than such a complying with a reverend prelate as I have formerly mentioned did admit, it may not here be unfitly inserted what ^Froissard writes of Edward IIL, with whom the Flemings joined against the French ; upon which, (but I shall deliver it in his own words) : Adonc h roy de France s'en complaignit au pape ^Clement sixiesme, qui getta une sentence d'excommuniment si horrible, qu'il n'estoit nul prestre qui osast celebrer le divin service. De quoy Us Flamens envoyerent grand' complainte au roy d'An- gleterre; lequel, pour les appaiser, leur manda que la primiere fois qu'il rappasseroit la mer, il leur ammeneroit des prestres de son pays qui leur chanteroient la messe, vousist le pape ou non ; car il estoit Men privilegie de ce faire : et par ce moyen s'appaiseroit les Flamens. As for the privilege 67 here spoken of, that can be no other than the obhgation all kings owe unto God, for seeing his word sincerely taught them live under their protection, without the disturbance of any. 75. [To which purpose, that we find in the * parhament roll of Henry IV. may here have a place, as a farther con firmation of that before. The archbishop of Canterbury intendr' ing to visit Oxford in Richard the second's time, the university opposed him, upon the pretence of a papal buH, exempting them from the visitation of any archbishop, ordinary, or founder whatsoever. Upon which, some stirs arising, his majesty ordered ' [Cassiodor. Variarum Lib. vii. c. 40, 46.] 2 Chronique de Froissart, Vol. I. c. 47, [p. 53 : a Paris, 1574.] ^ "Benedictus XII." Annales Flan- dria:, Lib. xii. p. 163, [ed. Francofurt. 1580.] ' [Rot. Pari. 13o Hen. IV. §§ 15, 16, 17.] IIL] INCREASE OF THE PAPAL POWER. 85 the said bull to be brought into the chancery, and upon advice of his councih the same was adjudged in praejudidum coronce suce ac legum et eonsuetudinum regni sui enervationem, et in hcereticor' et Lollardor' ac homicidar' et alior"" malefactor' favOrem et audadum dictaeque univerdtatis verisimilem d&- structionem, SfC. Upon which, command was given the said buU be not at all put in execution, but a pubhc act under the seal of the university be sent the king of their renouncing the same. On this resolution, the chancehor of the university and his party, to save themselves from episcopal visitation, apphed themselves to the king as to whom it did solum et in solidum pertinere ; who resolved it as a right of the archbishop. After wards, 12° Henry IV., Thomas archbishop of Canterbury in tending a visitation there, Richard Courtenay, chancellor, Benedict Brent and John Byrch, proctors, and others with strong hand refused him ; by reason of which, the cause was again brought before the king, who sitting himself in person at Lambeth, the seventeenth of September, 12° Henry IV., ratified all had been done before in Richard the second's time — which was likewise confirmed after in parliament de assensu dominor' spiritualium et temporalium necnon communitatis in eodem parliamento. By all which it is manifest, how little papal bulls or commands, as of themselves, were at any time esteemed in England.] It is certain our kings have on occasion been so far froin yielding obedience to the attempts of Rome, as Edward I. could not be induced to spare the life of one brought a ^bull from the pope, might have made some disturbance, but by his abjuring the realm ; as his grand-child Edward III. did ^ cause some to suffer [death] for the same offence. And on occasions our kings have prohibited ah intercourse with Rome ; ^denied their bishops going thither so much as for confirmation, but the metropohtans, if need were, should by the king's writ be charged to confirm them ; ^ commanded their subjects not to rely on any should come thence, . affirming, quod in regnum nostrum nee propter- negotium nostrum nee vestrum ullatenus intrabit ad terram ' [La Graunde Abridgement, 'Accion surle cas,' § 41, fol. 14, a.] « Thom. Walsingham, a. d. 1358, p. 173, 1. 44. ' R. de Hoveden, p. 496, 1. 37 : Rot; Pari. 3" Hen. V. Pars ii. (16° Martii) § 11. See also 9° Hen. IV. § 37. i' Gervas. Dorobern. col. 1652, 1. 51. 86 INckKASE OF THE PAPAL POWER. [CHAP. nostram destruendam — [though they did then hold him the first patriarch of the world, princeps apostolicae coronce, prin- cipium unitatis, SfC.J Yet notwithstanding, so notorious a truth, backed with so many circumstances, grounded upon unquestioned monuments of antiquity, hath not been received ; but the bare affirmation, Christ by pasce oves meas intended Peter, and by consequence the pope, to be the general pastor of the world, and the meaning of those words to be, that he should ^regio more imperare, hath so far prevailed with some, as to esteem the standing for the rights of the kingdom, the laws and customs of the nation, to be a departing from the church cathohc ; and to esteem no less than heretics those, who defending that which is their own from the invasion of another, wih not let themselves be led hood-winked to think the preservation of their proper liberty is a leaving Christ, his church, or the catholic faith. 76. I dare boldly say, whoever will without partiahty look 68 back, shaU find the reverence yielded from this church to Rome for more than a thousand years after Christ, to have been no other than the respect of love, not of duty, and popes rather to consulere than imperare; their dictates to have been of the same nature ^the German princes were of old, auctoritate sua- dendi magis quam jubendi potestate, never requiring a necessity of obedience eo nomine that they came from Rome, but for that they were just and reasonable ; neither did the pope send any agent hither to see them put in execution ; but the archbishop, according to the exigent of times, receiving his wholesome' ad vices, caused such as he held of them did conduce to the good of the Enghsh church to be observed. So Theodore ^ received those of pope IVIartin, but *did not them, concerning Wilfred, from Agatho. [Nor Dunstan that concerning the incestuous earl, of which before, § 74. In the contention between the two arch bishops, about 1119, touching the profession of obedience to Canterbury, at Thurstan's consecration into York, upon his offer to remit himself in that to the pope, Ralph replied : ^Si dominus papa mihi ore ad os prceciperet ut vos, seposita profesdone, 1 Bellarmin. Recognitio Libri de Summo PontiKce, p. 2, h [prefixed to the 'Disputations,' ed. Colon. 1628.] ' Tacitus, de Germania, c. xi. : Vid. Lanfranc. Epist. viii. p. 305. ' Bed. Hist. Eccl. Lib. iv. c. 17. ¦i W. Malmesbur. [de Gestis Pontif. p. 196, 1. 29, etc.] '' [Stubbs, in Vit. Archiep. Ebor. col. 1714, 1. 40.] IIL] INCREASE OF THE PAPAL POWER. 87 consecrarem, de hoc illi minime obedirem. And though the historian (if he were not too favourable to the archbishops of York, whose lives he composed) says this was reputed by such as heard it, ^in dominum papam perperam jaculatum ; yet it is manifest to have been the tenet of the Enghsh church, in that he and the church of Canterbury, in a letter yet extant, not only persist m the same, but shew their obedience to that see to be quod Roma Cantuarice, id Cantuaria toti Britannice voluntate et beneficio ministravit — and to prove this cites a saying of * Gregory the Great, and teUs them ^plainly that 'he will not give his vine, nor sell the inheritance of his fathers.' And in the same year ® John, archdeacon of Canterbury, in a council at Rheims, did not only claim the benediction of him as proper to the see of Canterbury, but told the pope, intending the bestowing it himself on Thurstan there, nee ipsum, licet officio papce fungeretur, jure posse eccledce Cantuariensi jus suum proeripere.J When Alexander II. had exempted the '*abbot of St Edmundsbury from the jurisdiction of the bishop of Norwich, Lanfranc took the act from the abbot : and Gregory VII. is so far from using commands in the cause, as he only earnestly intreats the archbishop he would stop the bishop of Norwich from molesting the said abbot ; yet himself as it seems did not restore the bull of immunity to him during that pope's hfe, (as is shewed). In the year 1070, on the king's desire in a council at Windsor, "Agelricus, bishop of the south Saxons, is degraded, and his bishopric conferred on Stigandus : Alexander II. not approving what had passed, '^writes to the king, this cause seemed to him non ad plenum tr aetata, ideoque sicut in ca- nonibus cautum est, in pristinum locum debere restitui, judi- cavimus. Deinde causam ejus, juxta censuram canonicce traditionis diligenter retractandam et definiendam, prcedicto fratri nostro archiepiscopo Lanfranco commisimus. It is certain — however some writers might upon this or for other causes think his degradation to have been non canonice — those « [Ibid. 1. 43.] ' [Ibid. col. 1747, 1. 36.] ° [" Non dabo vineam meam, nee vendam haereditatem patrum meorum." Ibid. 1747, 1. 54.] » [Eadmer. p. 126, 1. 28.] ¦» Vid. Eadmer. p. 62, 1. 36 : Lan franc. Ep. XX. p. 311. 11 Florent. Wigorn. a. d. 1070, pp. 636, 637 : Simeon. Dunelm. col. 202, 1. 30, etc. 12 Baron. Annal. Tom. XI. ad an. 1071, xi. INCREASE OF THE PAPAL POWER. [CHAP. times did not interpret this (though writ with so great earnest- 69 ness) for other than advice or intercession, not as of a person had an absolute power of commanding in the business; for we never read of any proceedings upon it, not Lanfranc at all ever to meddle in the case, that he ever esteemed 'Stigand a lawful bishop, who, in the year 1075, ^ being in a council at London, according to the decrees of it, removed his episcopal chair from Selsey to Chichester, of which he ^died bishop, 1087 — without being at aU, for what appears, questioned or disturbed after the first grant of it. Divers examples of the like nature occur, too long to be repeated, where the king or *his chief justice prohibit ' the papal precepts from being put in execution : and it is agreed by lawyers, that not the command, but the constant obediencei is it which denotes a right of commanding ; and in cases of this nature prohibentis potior est conditio, one example in the negative, when the thing is stood upon, being of more weight than twenty by comphance in the affirmative. 77. It is probable, neither the king nor the bishops would introduce any new matter of great concernment into this church without the privity of so great a doctor, patriarch of a see, from which their ancestors had received the first principles of christian religion. [Neither can I find the papacy for more than a thou sand years did claim authority over the church, on other grounds than its being converted by such as were sent thence. * Universum siquidem terrarum orbem (says Paschalis II.) Do minus et Magister noster suis disdpulis dispertivit, sed Europce. fines Petro singulariter commidt et Paulo. Nee per eorum tantum, sed per successorum disdpulos, ac legatos, Europce universitas conversa est et confirmata. Unde usque ad nos {licet indignos) eorum vicarios hcec consuetudo pervenit; ut per nostrce sedis vicarios graviora ecclesiarum per provindais negotia pertractarentur, seu retractarentur. Which is in effect. the same Innocentius I., about 410, gives Decentius, bishop of Eugubio, for then observing the manners of Rome : ^ Cum (says 1 Lanfranc. Epist. xxvii. xxviii. pp. 314, 315. [Both these epistles are ad dressed ' dilectissimo fratri Stigando'; and in the foruier is added ' Cistrensi episcopo'.] Vid. Eadmer. p. 13. ^ W. Malmesbur. [de Gestis Pontif. Lib. 1. p. 214, 1. 6] : Vita Lanfranci, t. xii. p. 13, [prefixed to the Paris edition of his works.] 3 Florent. Wigorn. a.d. 1087, p. 642. "" Vid. Gervas. Dorobern. a.d. 1087, col. 1603, 1. 38. * [Epist. Paschal. II. apud Eadmer. p. 115, 1. 14, etc. A. D. 1115.] ^ [Ep. i. Innocent. I.] [Vid. Concil. ed. Labb. Tom. II. 1245, d.1 III.] INCREASE OF THE PAPAL POWER. 89 he) sit manifestum, in omnem Italiam, Gallias, Hispanias, Africam atque Sidliam, insulasque inter jacentes, nullum instituisse ecclesias, nisi eos, quos venerabilis apostolus Petrus aut ejus successores constituerint sacerdotes — making no men tion of the Britons as under Rome.] And this is further manifest, in that what passed, if he were acquainted with it, was by the princes' and English bishops' authority, not his. AVhen Offa intended the erecting of Lichfield into an arch bishopric, he did it by a council at Calcuith : Lambertus [or Jambertus] (as what he approved not) producing ''crebra sedis npostolicae et Vetera et nova edicta against it, yet the thing proceeded. Lucius II. ^went so far in his intentions to raise Winchester to an archiepiscopal chair, as he sent the pall to the bishop: yet it being not approved here (as the event shews) that town never yet had the honour. Henry I., having in his ¦'laws, [following the steps of his predecessor king '"Edgar,] appointed how a bishop, presbyter, monk, deacon, &c., should suffer, committing homicide, concludes, si quis ordinatum occi- dat, vel proximum suum, exeat de patria sua, et Romam 70 adeat, et papam, et consilium ejus facial ; de adulterio, vel fornicatione, vel " nunnce concubitu similiter poeniteat. Where it is observable, the king ordains the penance, permits the delinquent's peregrination to Rome, to receive from the pope (as from a great doctor of the church) spiritual counsel, which else he was not admitted to seek; for ^^peregrina judicia modis omnibus submovemus ; and again, ^^ibi semper causa agatur, ubi crimen admittitur. 78. Wilham I. — who began his expedition against Harold by the coimsel of Alexander IL, and received a '* banner from him — minding the deposition of the archbishop of Canterbury, procured the pope to send certain ecclesiastics hither to join in the action, as likewise soon after for determining the question of ' W. Malmesbur. [de Gestis Regum, lab. I. p. 30, 1. 6.] « R. de Diceto, a.d. 1142, col. 508, 1. 36 : Mat. Westmonast. [Flores Hist. p. 244, 1. 18.] " Leges Hen. I. c. 73, p. 204, 1. 29, etc. [ed. 1644.] 1" [Vid. Canones sub Edgaro dati, c. 29 : apud Spelman. Tom. I. p. 465.] " Legendum ' Nunnas' cum MS. London. Seld. et nostro; non 'nimio,' ut MS. Schachar. [The reading ' Nunne' is adopted in ' Ancient Laws and Insti tutes of England,' Vol. I. p. 578.] 12 Leges Hen. I. c. 31, p. 187, 1. 29. 13 Ibid. c. 5, p. 178, 1. 28. " Ingulph. Histor. p. 900, 1. 26. 90 INCREASE OF THE PAPAL POWER. [CHAP. precedency between Canterbury and York; upon which there grew an opinion, ^archiepiscopum Cantuariensem a nullo homi num, nisi a solo papa, judicari posse vel damnari, nee ah aliquo cogi pro quavis calumnia cuiquam, eo excepto, contra suum velle respondere. This no doubt was promoted by the archbishops, as what exempted them from aU home jurisdiction, ' the bishops in general did after thmk in some sort to introduce ; and thereupon put in this petition in parliament, ^18° Edward III., que pleise a roi, en meyntenance de Festat de seinte esglise, grantier et ordeyner en cest parlement, que nul erce- vesque ne evesque soit desormes arreynez, ne empeschez devant ses justices, en cause criminale, par quecumque voie, dedcome sur tiele cause nule alme ne les poet jugger sinoun le pape soulement. But to this the answer is no other than, U est avis, que en cause de crime, nul ercevesque ne evesque soit empes chez devant les justices, si le roi ne le commande especialmmt tant que autre remedie soit ordeynez — which he did hkewise confirm by charter there registered, and as ^Walsingham- hath truly recorded. 71 79. This opinion, though *new to the Enghsh, questionless encouraged Anselm to oppose the king in many particulars, and popes to go farther ; as to claim princes should not confer investitures, nor define matters of episcopacy, &c. ; then to bestow preferments within this kingdom, at first by consent, and with the limitation no Itahan to succeed another, then to reserve to themselves the collation of all benefices; of which before. To conclude this — whosoever will without prejudice weigh the reformation of England by Henry VIIL, Edward VL, and more especially queen Elizabeth, in the point of supremacy, must grant these princes did not assume to themselves any thing, but such particulars as the court of Rome had in a long series of time incroached in on the crown and Enghsh church. If at any time our ancestors styled the pope princeps episcopo rum, it was in no other sense than they did St Peter, princeps apostolorum ; by which what principality they intended him, we cannot better understand than by the Saxon, who renders it ¦ Eadmer. p. 29, 1. 23, etc. " Rot. Pari. 18o Edw. III. § 23, ' Petitiones Cleri' ; § 24, ' Respons. ad easdem.' ' Thom. Walsingham, a.d. 1344, p. 164, 1. 56. * " Protinus intellexerunt quod prius non animadverterunt." Eadmer. p. 29, 1.21. III.] INCREASE OF THE PAPAL POWER. 91 ^GaltJOJl ^ajia Apoj^tola, "the elder of the apostles." If they called him "successor" or vicarius Petri, they were not alone appropriated to him, for « Petrus Blesensis and others give the bishop of York the same titles ; and the bishop of Bath, who had a church dedicated to St Peter, he bids remember, quia Petri vicarius estis, ^c. [The church of Rochester, dedicated to St Andrew, Gundulphus, bishop of it, begins a 'charter : Ego Gundulphus, licet indignus, mitissimi sancto rum Andrece apostoli vicarius. And a httle after: Et ut in perpetuum integra et inviolata permaneat, signo crucis Christi vice piissimi sanctorum Andrece apostoli earn condgno et corroboro. This deed, bearing date mciii. 2° Nonas IVIartias, was confirmed by the subscriptions of the king, Anselm, the queen, who writes : Signum Matilldis regince et filice Anselmi archiepiscopi, and thirteen more, the chiefest of the kingdom.] So did they likewise, in some sense, call kings ^Christ's vicars, as weU as bishops. If at any time they gave the pope the title of 'head of the church, [it was as Justinian '*says of Con stantinople, H ev XcovcFTavTivoTToXei eKKXrjcrla iraawv twv aXXwv ecTTt KecpaXrj, " The church of Constantinople is the head of all other churches," JLiricpav'up . . . olKoviuei'iKcp iraTpiap-xyi, "to Epiphanius, the oecumenical patriarch," which no man interprets to import more than his being the first patriarch of those parts, as St Bernard teaches us, he (the pope) was here "m benejicam caiosaml- And so they '^termed Oxford " the fountain and mother of our christian faith." I cannot therefore but wish a '^late writer, that says, " England had a known sub- 72 ' Bed. Hist. Eccl. [Latin-Saxon ed. Cantab. 1722] Lib. ii. c.'6, [p. 508, 1. 12] Lib. IV. c. 18, [p. 586, 1. 26.] ^ Epist. cxiii. cxlviii. [pp. 174, 233] Vid. Stubbs, Actus Pontif. Ebor. col 1703, 1. 37 : col. 1704, 1. 13 ; et supra § 72, ' [Textus RofFensis, fol. 219, b.] [c, 211, p. 226, ed. Hearne, Oxon. 1720. See more on the application of the title vica rius to all bishops, in Bingham, Book ii. c. ii. § 10.] " Leges Edw. Confess, u. 17 : Selden. Notffi ad Eadmer. p. 155, 1. 16. » Rot. Pari, at Gloucester, n. 78, in nonnuUis libris impressis c. 6 & 7. [If the parliament here mentioned be that of the 2nd year of Richard IL, there seems no expression quite equivalent to the above. The ' Rolls ' of the time are very imperfect] 1" [Cod. Lib. 1. Tit. ii. c. 24.] [For these and other proofs of the supremacy, enjoyed by the patriarch of Constanti nople in his own diocese, see Bingham, Book II. c. xvii. § 21.] 11 De Consideratione ad Eugenium, Lib. III. c. 3, [Opp. col. 879, i.] 12 Rot. Pari. 1» Henry VI. § 33, ["fountaigne et mierede notre foy Chris- tiane."] 1' Philip Scot's Treatiseof the Schism of England, pp. 165, 166. 92 INCREASE OF THE PAPAL POWER. [CHAP. 73 jection to Rome, acknowledged even by our laws, ever from the conversion of our country under St Gregory" — had ex pressed in what particulars that subjection did consist, what those laws are, and where to be found. The truth is, as there is no doubt our ancestors in former times would not have joined with the synod of Gap, in causing so ' disputable ambiguous a question, as that the pope is antichrist, to have been taught as the faith of the Enghsh church ; so there is no question, but it hath been ever the tenet of it, pontificem Romanum majorem aliquam, jurisdictionem non habere sibi a Deo collatam in sacra scriptura in hoc regno Anglice, quam alium quemvis externum episcopum — which our ^historians do mention as what proceeded from the constitutions of the church and assent of emperors, not as of a thing in itself juris divini : insomuch as, 80. That proposition, ^when it was propounded, 1534, iii Henry the eighth's time in convocation, all the bishops without exception, (and of others only one doubted, and four placed all ecclesiastic power in the pope,) both the universities, and most of the monasteries and collegiate churches of England, approved and avowed as the undoubted opinion of the church of this nation in all ages. Neither can I see how it can be otherwise ; for if the church of Canterbury *were omnium nostrum mater communis sub sponsi sui Jesu Christi dispositione, if it were mater omnium Anglicanarum ecclesiarum, et suo post Deum proprio Icetatur pastore; that is, if the archbishop had no mediate spiritual superior but Christ and God ; if the power the pope exercised over him within this realm were ^voluntate et beneficio, gained, as I have shewed, by little and little, volun tarily submitted unto ; it could be no other than jure humano — and then it must be granted, the church of England could not hold any necessity of being in subjection to the see or church of Rome, jure divino; as it is manifest they did not, in that 1 "I will not undertake to maintain that the pope is antichrist, professing my weakness and ignorance of those prophe tical scriptures to be so great, that I dare not be confident in my interpretations of them." Baxter's 'Explication' of his Tract, entitled 'Christian Concord,' p. 69, [Lond. 1663.] 2 R. de Diceto, a.d . 607, 608 ; col. 437. ' Antiquit. Britan. p. 329, 1. 22, etc. [ed. Hanov. 1606.] ^ Gervas. Dorobern. col. 1663, 1. 24 : col. 615, 11. 60, 63. [Mat. Paris, p. 125, 1. 15.] ^ Epist. Radulph. Archiep. Cant. Calixto II. [Vid. Scriptores x. col. 1736, 1.1] IIL] INCREASE OF THE PAPAL POWER. 93 they * sometimes acknowledged no pope, 'otherwhiles shewed an intent of departing from his union, and the bishops as well as lay lords advised Anselm ^ Urbani obedientiam abjicere, sub- jectionis jugum excutere, ^c. Neither could the church of England be any way possibly guilty of schism, adhering to their ghostly superior next and immediate under Christ Jesus. [But of this see more hereafter, cap. vi. § 6.] As for the temporal profits the court of Rome received hence, though the denying them can be no just cause of such a spiritual imputation, especially on private men ; yet certainly who will examine their beginning, as he shall find it to have been by the bounty or permission of our princes, so upon search he will perceive the kingdom went no farther than the common law, the precedent of former times, and such an exi gency did force them to : of which therefore I shall add a word or two. 1 Eadmer. p. 25, 1. 40. ' Mat. Paris, a.d. 1168, p. 107,1. 45 : A.D. 1169, p. HI, 1. 26. Vid. Epist. Gilberti Londoniens. episc. apud R. de Hoveden, A. D. 1166, p. 601. « Eadmer. p. 28, 1. 33, etc. 74 CHAPTER IV. OF PAYMENTS TO THE PAPACY FROM ENGLAND. THE vast sums the court of Rome did of late years upon several occasions export out of this kingdom, mentioned in the 'statute of the 25° Henry VIIL, are spoken of by several of our writers : and though some ^have in general expressed how much the nation suffered in that kind [ — and the commons, 1376, did shew ^qu'il n'y ad null si riche roi en toute la cristientee, qu'ad la quarte partie tant de tresore come ad ale hors de roialme d'Engleterre pur benefices de seint esglise peccherousement, par la manere sus dite, en empoverissement et destruction de roialme et de seinte esglise, par soeffrance et defaut du conseiT\ — yet none, that I know, in one tract did ever shew by what degrees the papacy gained so great a revenue. I have thought therefore that it will not be amiss to set down, how the pope came to have so great an influence over the treasure of the clergy in this land, by seeking out how and when the greatest of the payments made to him began, what interruptions or oppositions were met with, either at the be ginning or in the continuance of them. 2. The first payment, that I have read of, which gave the pope an entrance as it were into it, was that bounty of our princes known to this day by the name of Peter-pence : and this as it was given for an *alms by our kings, so was it no otherwise received by the court of Rome; ^eleemosyna beati Petri, prout audivimus, ita perperam doloseque collecta est, ut neque mediam ejus partem hactenus ecclesia Romana susceperit, saith Paschalis II. So that no question ^Polydore Vergil very 1 Statutes, 25° Hen. VIIL c. 21. = Apud Mat. Paris, [Hist. Major] Epist. Universitat. a.d. 1245, p. 667, 1. 36. ^ [Rot. Pari. 50" Edw. HI. §99.] * Vid. Epist. W'i. I. apud Baron. Tom. XI. ad an. 1079, xxv. : et inter Lanfranc. Epist. vii. [p. 304.] * Epist. Henrico I", apud Eadmer. p. 113, 1. 27. '5 Polydor. Vergil. Anglica Histor. Lib. IV. p. 89, 11. 40, 43. IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. 95 inconsiderately terms it vectigal, and others, who by that gift contend the kingdom became '' tributarium [vel] feudatarium sancto Petro ejusque successoribus : for though the word tribu- tum may perhaps be met with in elder ^ writers, yet never did 75 any understand the pope by it to become a superior lord of the kmgdom, but used the word metaphorically ; as we do to this day term a constant rent a kind of tribute, and to those who pay it, and over whom we have in some sort a command, we give the title of subjects ; not as being princes over them, but in that particular, being under us, they are for it styled our inferiors. 3. What Saxon king first conferred them, whether Ina, as 'Ranulphus Cestrensis says report carried, or Offa, as '"Jorva lensis, I will not here enquire, as not greatly material. " Poly- dore Vergil teUs, some write Ethelwolphus continued it : with whom Bromton seems to concur. It is true, our historians re member he caused '^ three hundred mancusas denariorum — '^Malmsbury [in which he is certainly out] renders it trecentas auri marcas, which was ten times the value of silver ; as '^another [that writes it was] trecenta talenta — to be carried every year from hence to Rome ; which could be no other than the just apphcation of Peter-pence : for amongst sundry com plaints long after from '^Rome, we find the omission of no pay ment instanced in, but of that duty only ; neither do the body of the kingdom in their '^remonstrance to Innocentius IV., 1246, mention any other as due from hence to Rome. 4. This therefore, thus conferred by our kings, was for the generahty continued to the papacy ; yet (to shew, as it were, that it proceeded only from the liberahty of princes,) not without some stops. Of those in the times of Wilham I. and Henry his son I have '^ spoke. Henry II. during the dispute '' NotsB ad Lanfranc. Epist. vii. [p. 347.] ' W. Malmesbur. [de Gestis Pontif. p. 226, 1. 24.] ' Polychronicon, Lib. v. ad an. 728, [inter Scriptores xv. Vol. I. p. 247] : Vid. Johan. Bromton [Abbat. Jorvalens.] col. 802, 1. 23. ¦0 Col. 776, 1. 36, etc. 11 [Angl. Hist.] Lib. iv. p. 89, 1. 44. " Florent. Wigorn. a.d. 855, p. 684 : Simeon. Dunelm. [col. 121, 1. 36.] 13 De Gestis Regum, Lib. ii. c. 2, [p. 41, 1. 2] : [but see § 6, infra.] " Jorvalens. col. 802, 1. 27. 15 This appears by the epistle of Wil liam I. to Paschalis II. before cited, and so to Henry I. i« Apud Mat. Paris, p. 698, 1. 61, etc. 1' Cap. iii. § 11 : cap. iv. § 2. 96 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. with Becket and Alexander III. commanded the sheriffs through England, that ^denarii beati Petri colligantur, et serventur, quousque inde dominus rex voluntatem suam prceceperit. During the reign of Edward IIL, the popes abiding at Avignon,.. many of them French, their partiality to that side, and the 76 many victories obtained by the Enghsh begat the proverb, ^ Ore est le pape devenu Franceys, et Jesu devenu Engleys, §-c.; about which time our historians observe, the king gave command ^no Peter-pence should be gathered or paid to Rome. And this restraint, it seems, continued all that prince's time; for Richard II.,. his successor, at his beginning, caused John Wickliff, esteemed the most * knowing man of those times, to consider the right of stopping them; whose determination in that particular yet re mains, entitled ^Responsio magistri Johannis Wicliff ad dubium infra scriptum, qucedtum ab eo per dominum regem Anglice Richardum secundum et magnum concilium, anno regni sui primo. The question follows, Dubium est, utrum regnum Anglice possit legitime, imminente necessitate suae defensionis, thesaurum regni detinere, ne deferatur ad exteros, etiam domino papa sub poena censurarum et virtute obedientice hoc petente ; et relicto viris peritis quid did debet in ista materia, secundum jus canonicum, secundurn jus Anglice vel civile solum restat suadere partem affirmativam dubii, secundum prindpia legis Christi : then shews, those payments being no other than alms, the kingdom was not obliged to continue them longer than stood with its own convenience, and not to its detriment or ruin — agreeing therein with that of divines, extra casus necessitatis et superfluitatis eleemosyna non est in prcecepto. 5. But in the parhament held the same year, the question was concluded; for there this petition being preferred, ^que y puisse estre declaree en cest present parlement, si la charge de le denier seint piere, appelle Rome-peny, serra leve des dites communes, et paie al collectour nostre seint piere le pape ou 1 ApudMat. Paris, A.D. 1164, p. 103, i Hen. de Knyghton, col. 2664, 1. 66 : 1. 45 : R. de Hoveden, a.d. 1165, p. 496, 1.53. = Hen. de Knyghton, col. 2615, 1. 41. ^ Caxton's Chronicle, [Lib. ult. c. 2, fol. 392, b] : Stow's Chronicle, a. d. 1365, p. 266. col. 2644, 1. 31. ' In Fasciculo Zizaniorum MS. in Bibliotheca Antistitis Armachani, fol, 59, b, col. 2. '^ Rot. Pari. 1° Ric. II. § 84, IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. 97 noun ; the answer was, Soit fait come devant ad este us6e — by which the use of them being again returned, did so remain till Henry the eighth's time. For though in a 'council held at Lon don, 1408, it was treated de censu et obedientia papce subtra hendis vel non subtrahendis; yet that it passed farther than 77 words I have not observed. But king ^ Henry, 153^, took them so absolutely away, as though queen Mary repealed that act, and Paulus Quartus dealt earnestly with her "agents in Rome for restoring the use of them ; yet I cannot find they were ever gathered, and sent thither during her time : but where some monasteries did answer them to the pope, and did therefore collect the tax, that in process of time became as by custom paid to that house ; which being after derived to the crown, and from thence by grant to others, with as ample profits as the rehgious persons did possess them, I conceive they are to this day paid as an appendant to the said manors, by the name of ' smoke- money.' 6. Before I pass from this, one thing is not to be omitted — that however the pope had this as a due, and for that end his collector did abide in England; yet he might not raise the ancient accustomed proportion of the tax, nor in any kind alter the manner of takmg it: for when Rigandus from the pope endeavoured that, he was straitly prohibited by Edward II. The '"act itself is printed. [The value these Peter-pence did amount to, in 130|-, was only "two hundred pounds and twenty -nine shillings, as I have seen recorded, 35° Edward I., and now printed.] I have perused an old volume of IVISS. belonguig to the church of Chichester, [and found in it] a bull said to be of '^Gregory the fifth's, that did proportion them after this manner, [somewhat differing from Mr Fox"]: Thom. Walsingham, a.d. 1408, p. i passage is this: " Ensement, come pur 377, 1. 36. 8 Statutes, 25" Hen. VIII. c. 21. ^ Historia del Concilio Tridentino [di Pietro Soave Polano,] Lib. v. [p. 401.] •» Fox, Acts and Monuments in Edw. II. [Vol. I. p. 420, col. 2, ed. 1684.] 11 [36" Edw. I. Petit, in Parliam. in Rot. Pari. Vol. I. p. 220, b. The whole [twysden.J ie denier de seint Piere, que les rois d' Engleterre donerent come en aumone a la court de Rome, soleit touzjours estre paie a I'Apostoill, ou a ses procuratours, un certeyn, c'est assavoir ccli. xxix s." etc.] 12 Vid. Concil. ed. Spelman. [Tom. I.] p. 313. ¦3 Acts, &c. Vol. I. p. 421, col. 1. 7 98 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. Episcop. Cant. £. 7 s. 18 d. 0 Episcop. Exoniensis . £. 9 5 J. 0 London. . Roffensis . Norwicensis . 10 5 21 10 10 10 0 00 Wigorniensis Herefordens. Bathon. . 10 6 12 5 0 0 00 0 Eliends . 5 0 0 Sarisbur. 17 0 0 Lincolniensis 42 0 0 Coventrensis . 10 0 0 Cicestrensis . 8 17 0 6 0 8 Eborac. . 11 10 0 Winton. . 193 14 8 Dat. apud Urbem Veterem x. Kalend. Maii, pontifioatus nostri anno secundo. 78 But this could not be the buU of Gregory V., who died about 997, before 'Ely was erected, or episcopal chairs placed in "Lincoln or Norwich. [I conceive it should be Gregory IX.] 7. The last article in the oath prescribed the clergy from the pope, of obedience to him, was, not any way to alienate the possessions of their houses inconsulto Romano pontifice. Whether this clause were inserted when, 1115, it was first required of *Ralph the archbishop of Canterbury, I have not been able to certify myself; and am apt to beheve it was not : for though we find it in * Matthew Paris, when it was first imposed on abbots and bishops, yet that was after the court of Rome had tasted the sweetness of taxing other churches ; neither is it in any of those conditions mentioned by ^Diceto. But whenever it came in, it implying a right of ahenating the possessions of rehgious houses and churches, with the papal hcence, bred an opinion, that without his assent there could be no good sale made of their estates, by any temporal or spiritual power what soever, though with their own concurrence : and the court of Rome grew to maintain, ^ ' That being a mother, she ought to be relieved by her children.' 'Gelasius II. in his distress. 1 Florent. Wigorn. a.d. 1109, p. 654, et seqq. " "Remigius circa ann. 1080, trans- tulit sedem episcopalem de Dorkestra ad Lindocolniam." W. iWalmesbur. [de Gestis Pontif. Lib. iv. p. 290, 1. 28,] et " Herebertus circa 1086, de Tetfordia ad Norwic." [Ibid. Lib. ii. p. 239, 1. 7.] 3 Cap. iii. § 50. * Vita; Abbatum, p. 140, 1. 27 : Hist. Major, p. 414, 1. 26. = A. D. 1191, col. 663, 1. 6. « Mat. Paris, a.d. 1226, p. 328, 1. 13. ' Orderic. Vitalis, [Eccl. Hist. Lib. xii.] p. 846, c. IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. 99 1118, is said to have desired a Normamiica ecclesia subsidium erationum, et magis pecimiarum: but it seems the Norman church did not then at ah condescend to any ; for the French agent in the ^Lugubri Querimonia (of which before) mentions him amongst divers others who, expeUed Italy, fled into France for succour, yet non in aliquo gravaverunt ecclesiam Gallica nam, nee dando benefixiia, nee petendo subddium pecuniae vel armorum, sed spiritualibus armis, scilicet lacrymis et ora- tionibus, quce sunt arma ministrorum Christi, maluerunt esse contenti, SfC. So that certainly if any collection were made for Gelasius, it was so private, public notice was not taken of it. 8. The first extraordinary contribution raised by allowance 79 for the pope's use in this kingdom, I take not to have been before ^1183, when Lucius III., at odds with the citizens of Rome, not any ways able to resist their fury, sent to Henry II. postulans ab eo et a clericatu Anglice auxilium. The matter was taken into consideration, and for the precedent, it was not thought fit any thing should be given as from the clergy, but that they might raise a supply amongst themselves for the king, without permitting a foreign agent to intermeddle; and his majesty might with that relieve the pope as he should see occasion. But take it in the historian his own words : '" Con- suluit fex episcopos suos et clerum Anglice de petitione summi pontifiois : cui episcopi et clerus consuluerunt, ut ipse secundum voluntatem suam et honorem faceret auxilium domino papce, tam pro se[ipso] quam [pro] illis; quia tolerabilius esset, et plus placeret eis, quod dominus rex, si vellet, accepisset ab eis recompensationem auxilii illius, quam, si permisisset nun cios domini papce in Angliam venire, ad capiendum de iis auxilium ; quia, si aliter Jieret, posset verti in consuetudinem ad detrimentum regni. Adquievit rex consilio eorum, et fecit auxilium magnum domino papce in auro et argento. The judicious reader may observe hence things very remarkable : as, that the king did in points concerned the pope consult with the English church, and followed their advice ; the great care the ^ Mat. Paris, Additamenta MS. ubi supra, c. iii. § 66, [fol. 127, b, col. 2.] ' [For that Diceto mentions, at the end of 1173, collected by Nicholas, a sub- deacon here, in respect of the schism the church then lay under, I take to have been eleemosynary, on entreaty only from some particular persons, not by public authority.! 11 R. de Hoveden, a.d. 1183, p. 622, 1. 17, etc. 7—2 100 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. clergy took to avoid any sinister consequence in future, and therefore did themselves give to the prince, as to whom it was due from them, and not to the pope, who by custom might come to claim it : as indeed he did after step so far, as to prohibit their giving the king at all, without 'his licence, endeavouring the gaining a supremacy over them as well in temporals as spirituals, who hitherto had not meddled with collections of that nature. For the ^same Henry, about seventeen years before (after-; 80 the example of the French), did cause a supply be made for the relief of the eastern church ; but I do not find it to have been either upon any motion from Rome, or any part of what was so levied to have been converted thither. 9. But the former, granted 1183, passing with so great circumspection, persuaded the popes not to think fit suddenly (as it seems) of attempting the like ; yet that the church of Eng land might not be unaccustomed to payments, they sometimes exhorted Christians to the subvention of the Holy Land, and thereupon did distribute spiritual indulgences (which cost them not a farthing), and procured princes to impose on their subjects for that end. So did ^Clement III. or rather Gregory VIIL, about 1187, stir up Henry II. and Phihp Augustus ; *Innocen- tius IIL, king John : and, as a general superintendent over the clergy, did then intromit himself and his agents in the raising of it, and so did convert some good proportion to his own use ; insomuch as Johannes Ferentinus, sent hither, 1206, from the same Innocentius IIL, ^carried hence a good quantity — upon which king John wrote unto the pope, 1207, '^quod uberiores sibi fructus proveniant de regno Anglice, quam de omnibus regionibus citra Alpes constitutis, ^c. [And the same 'author remembers in the year 1216, Walo the pope's legate to have raised fifty shilhngs from each cathedral and rehgious house for procurations; and likewise that he did sequester and apply to ' [Liber Sextus Decretal. Bonif. VIIL] Lib. III. Tit. xxiii. c. 3: Vid. Hen. de Knyghton, col. 2489, 1. 37. ^ Gervas. Dorobern. a.d. 1166, col. 1399, 1. 7. " Gulielm. Neubrigensis Rerum An glicarum Lib. III. c. 22, et seqq. [pp. 434, 435, et seqq.] : R. de Hoveden, a.d. 1187, p. 637, etc. : Gervas. Dorobern. col. 1562, 1. 11, etc. ' Mat. Paris, a.d. 1201, p. 206, 1. 54: a.d. 1202, p. 208, 1. 12. '" Ibid. A.D. 1206, p. 214, 1. 34. " Ibid. p. 224, 1. 25. ' [ibid. p. 286, 1. 7.] IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. 101 his own, or the use of such as were with him, the benefices of ah such of the clergy as adhered to the French.] Yet truly, to raise any considerable sum of money from the whole body of the clergy, for support of the papal designs, I do not find any great attempt before Gregory IX., 1229, « demanded a tenth of the moveables, of both lay and ecclesiastics : to which the temporal lords would not at all assent, nolentes baronias vel laicas possessiones Romance ecclesice obligare ; and the clergy were unwillingly induced to the contribution. The pope thus entered, meddled no more with the lay, but of ^the clergy eleven years after he demanded by his legate a fifth part of their goods. Many meetings were had about it : '"they shewed the king, they held their baronies of him, and could not without his assent charge them ; that having formerly given a tenth, this 81 of a fifth might create a custom : and at a meeting in Berkshire exhibited sundry solid reasons (too long to be here repeated) against the contribution. But nothing would serve ; the king inade for it, and the archbishop out of private ends paying it, they were in the end forced to yield such a supply, as at his de parture the year following it was said, "there did not remain so much treasure in the kingdom, as he had in three years ex torted from it, the vessels and ornaments of churches excepted. 10. But neither the paying it with so great reluctaney, nor the '^ remonstrance preferred in the council of Lyons, 1245, from the body of the kingdom, of the several exactions the nation lay under from Rome — and hkewise '^to the pope himself, the year following — could any way stop the proceedings ; but Innocentius IV., 1246, '^invented a new way, to charge every religious house with finding and paying a quantity of soldiers for his service in the wars for one year — which being required from both the English and French, produced here those prohibi tions in the same author against raising any tallagium or auxilium. But the French caused their agent to use a serious expostulation in the business ; which, because it is not printed, I shall deliver at large as I '^find it : Nuncii de novo accesserunt. 8 Ibid. p. 361,1.2, 1. 48 : p. 362, 1.9. 9 Ibid. A.D. 1240, p. 526, 1.20. '» Ibid. p. 534, 1. 8, 1. 39. 11 Ibid. A.D. 1241, p. 549, 1.21. 1= Apud Mat. Paris, p. 666, 1. 51, etc. 1' ApudMat. Paris, A. D. 1246, p. 698, 1. 40, 1. 51, etc. I'' Ibid. p. 701, 1. 56: p. 707, L 30: p. 708. 15 In Lugubri Queremonia, Addit. Mat. Paris, MS. de qua supra, c. iii. §§ 59, 67, [fol. 127, a, col. 2.] 102 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. nova gravamina addentes supradictis : nuper enim mandon vistis ecclesiis, ut quia persecutor vester ad partes istas venturus est, mittant vobis militiam munitam ad resistendum ei, quia non est consilium cedere venienti ; super quo satis excusabiles sunt eccledce, quia non habent militiam, nee est in parte eorum mittere quod non habent. Quos etiamsi haberent et mitterent, non est tutum confidere de ipsis. Nee sdtur etiam de illo, utrum venturus sit, quia etiamsi veniret, prceferendum esset {ut videretur) consilio humano consilium Domini, qui dicit. Si persecuti fuerint vos in unam civitatem, fugite in aliam, ^c. 82 And, about the same time, he 'attempted the making himseff heir to any clerk that should die intestate; and the year ^fol lowing received from the clergy eleven thousand marks, exceptis exemptis et' tribus clericis, as an addition to six thousand he took the ^year before. 11. I shaU not here take upon me to repeat all the times and ways, by which the subject had his purse thus drained — the labour would be too great, and the profit httle : it shall suffice to note, the court of Rome, by much struggling, overcame in the end all difficulties, and did arrive to that height, the ^commons were forced in parhament, 1376, to prefer this petition : Si tost come le pape voet avoir monoie pur meintenir ses guerres de Lumbardie, ou aillours, pur despendre, ou pur raunson' ascuns de ses amys prisoners Fraunceys pryses par ' Engleys, il voet avoir subside de clergie d'Engleterre. Et tantost ce luy est grantez par les prelatz, a cause que Us evesqes n'osent luy contrestere, et est leve del clergie sanz lov/r assent ent avoir devant. Et les seculers seigneurs n'y preig- nent garde, ne ne font force coment le clergie est destruit, et la monoye de roialme malement emporte. 12. And indeed the kingdom had great reason thus to complain. See one of many examples that may be alleged : in the year 1343, the 17° Edward IIL, Clement VI. sent hither to provide for two cardinal priests, one out of the province of York, the other Canterbury, in spiritual livings, to the value of a thousand marks a-piece, ^sur une si generale et coverte manere, que la somme passera x. m. marcs avant qe le doun soit ' Mat. Paris, A.D. 1246, p. 707, 1. 2: " Ut si clericus ex tunc decederet intes- tatus, ejusdem bona in usus domini papae converterentur." 2 Mat. Paris, p. 730, 1. 16. 3 Ibid. p. 715, 1.16. " Rot. Pari. 50° Edw. IIL § 107. ' Ibid. 17" Edw. III. § 59. IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. 103 aecepte. But the state would not endure this, ^but chasing their agents out of the kingdom, the king sent through every county, ^we quis ab eo tempore et deinceps admitteretur per bullam [ad aliquod beneficium, nee redperetur] sine licentia spedali regis. And a httle after, the parliament held 20° Edward IIL, 1346, the commons yet more plainly, ^ Nous ne volons soeffrir que nul paiement soit fait as cardinalx, pour lour demoere en France, die treter [hors du roialme], ^c. And soon after they represent this very particular of two thousand marks to be ^en anientissement de la terre, and encresce de noz enemy s ; and therefore qiiils ne soient en nulle manere soeffertz. In both which his majesty gives them content. 13. Neither did the papacy, having gained the possession, as I may term it, of taxing, impose these payments for one year only upon foreign churches, as at first, but for six successively one after the other. So did '"John XXL, in the year 1277, and "Clement V., in the council of Vienne, 1311, pretending an employment against the infidels ; but procuring princes to join with them in the collecting, that it might be paid with more facility — and therefore gave them either the '^ whole, or part of what was so raised ; from whence no doubt grew that proverb so fuU of infamy, '* " that the king and pope were the lion and wolf" — did in the end, as we have heard, convert the treasure to the ransoming their friends, the maintenance of their wars, and such-like mundane ends. The '* French affirm, the first of their kings who shared with Rome in these levies, to have been Charles le Bel, about 1326 — which if it were, our kings were before them — but such as succeeded knew there as weU as else where, how to apply what was thus gathered whoUy to them selves, wiping the popes clean out : and notwithstanding all '^complaints in that kind from Rome, '^Duarenus observes the crown of France to have none more certain or speedy revenue, than that is thus raised of the ecclesiastics. « Thom. Walsingham, p. 161, 1. 23. ' Hen. de Knyghton, col. 2583, 1. 60. 8 Rot. Pari. 20O Edw. III. § 33. '' % 35. i» W. Thorn, col. 1926, 1, 29. •1 Thom. Walsingham, p. 99, 1. 14. 12 Vid. Mat. Paris, [Hist. Major] a.d. 1252, p. 849, 1. 12. 13 Ibid. a.d. 1255, p. 917, 1. 39. 83 I'' Chronicon Joan. Tilii, de Regibus Francorum, ad iinem Pauli jEmylii, de Rebus Gestis Francorum. 15 Vid. Histor. del Concilio Tridentino di Pietro Soave, Lib. v. p. 408. 1^ De Sacros. Eccl. Munstr. ac Bene fidis, Lib. VII. c. 1, sub fin. [ed. Aurel. 1608.] 104 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. 14. But these exactions grew so burdensome, Martin V. at 'the council of Constance, 1417, was constrained to estabhsh, Nullatenus imponantur generaliter super totum clerum^ nid ex magna et ardua causa, et utilitate universalem ecclesiam concernente, et de consilio et consensu et subscriptione fratrum nostrorum, sanctce Romance ecclesice cardinalium et prcela- 84 torum, quorum consilium commode haberi poterit ; nee speda- liter in aliquo regno vel provincia, inconsultis prcelatis ipdus regni vel provindce, SfC. Upon which decree, a supply of the tenth being ^ twice demanded, viz. 1515 and 1518, by Leo X. against the Turk, the English clergy denied them both times. Thus the papacy by little and httle gained in England the power of sometimes laying that tax on churchmen, is to this day known by the name of a tenth, [which yet was answered the pope only out of those lands the ecclesiastics here possessed before the 20th of Edward I. ; which out of respect were dis charged of such payments to the king, which those of later acquisition were ^subject to, and] which became limited, as we have seen; and after by * statute 26° Henry VIII. trans ferred to the king to be paid annually unto him — as were likewise the first-fruits or profits of one year, commonly called annates, (for I take them to be the same), of all spiritual livings : of which a word. 15. The first raising of them seemeth to have been, that when the court of Rome did confer on clerks and chaplains, residing with them, benefices in the dioceses of others, they who thus obtained from that chair not only the spiritual of ordina tion, but hkewise the temporal of profit, did at first, either to shew their gratitude, or' for that the pope would have it so, voluntarily give the whole or some part of the first year's revenue to the court, by whose favour they received all : and the papacy, perceiving the gain did thus accrue, laboured to extend it farther ; was in some sort imitated by other bishops ; and for avoiding the shew of simony, covered what was thus took with the names of annates, vacantice, ^minuta servitia ' Concil. Constant. Sess. xliii. 'de Decimis,' etc.: [in Labbe, Tom. XII. 255.J 2 Herbert's Life of Hen. VIII. pp. .')7, 79. et BullsB sive epistolae Leonis de eadem re, quas vidi manuscript. ^ [Rot. Pari. 20" Edw. III. § 44.] * Statutes, 26'> Hen. VIII. c.3, § 1. 5 " Minuta servitia" were small pay ments, such as had any expedition in the court of Rome were liable unto, as fees to certain officers or servants of IV.J PAYMENTS TO THE PAPACY FROM ENGLAND. 105 scripturce, and such-like. But as St Gregory ^tolerating only a liberahty to be given after the reception of the pall, his suc cessors knew how to turn it to a revenue ; so these, however at first begun, did afterwards become annually a profit. What others did in this kind, is not necessary to that I treat of ; but upon the practice of the church of Rome, 25° Edward IIL, the commons ^exhibit this petition to the king : Prie sa commune [que pleise a notre seigneur le roi . . ¦] de veer et regarder [un tres grande meschief et destruction que se monstre . . .]; coment le pape ne soleit avant ces houres faire reser vations de nul benefice de seint esglise, si' I ne fust de benefice de ses chapeleins, ou des clercs qui murerunt en la court de Rome; et ore tard et de novel, pur covetise d avoir les primers fruitz, et les autres profitz qui en dependent, ad reservee, et reserve de jour en autre, a sa collation, generale- ment et especialment, si Men abbeies et priories, come toutz les autres grantz beneficez d'Engleterre, qui sont de patronage espiritel. Et generalement il ad reservee ore tard toutes les dignitees d'Engleterre, et provendres en esglises cathedrals, et les donne si bien as alienes come as denzeins ; et issint ad le pape touz les primers fruitz des ditz benefioes. By which it appears, the papacy, that formerly took the first-fruits of only such hvings as men died possessed of in the court of Rome, had an intent of extending them to all were de patronage espiritel : but whether an active king stopped upon this the endeavours of that see, or the popes, wise men, thought it not fit to make too sudden an irruption into the profits of other churches, is not greatly material; ^but twenty-five years after, the commons again represent the pope's collector. Ore de novel cest an, et ne I'prist unques devant, a I'oeps du pape, des primers fruytz de chescun benefice dont il fait provision ou collacion, except des graces grantez as povres, ou il ne soleit prendre fruytz nulles fors que soulement des benefices vacantz en la courte de Rome. 16. But in whose time these first-fruits began to be taken. the pope, called thexetoxe familiares do mini papa ; as of late, such as renewed leases of the archbishop of Canterbury did to his secretaries and others of his retinue, a.d. 1389, there was paid four of these to the pope, and one to the de pendents on the cardinals. Thorn, Chro- 85 nica, col. 2194, 1. 31. The rest have no difficulty. ^ Epist. Lib. IV. c. 88, Indict, xiii. 1 Rot. Pari. 26» Edw. III. Octav. Purif. § 13. 8 Ibid. 600 Edw. III. § 108. 106 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. there seems to me some difference amongst writers. Theodo- ricus a Niem — who hved in the court of Rome, secretary (as some write) to Gregory XL, or rather, as it seems to me, of Urban VI. — 'says, Boniface IX. circa decimum annum sui regi minis, viz. 1399, primos fructus unius anni omnium ecclesi arum cathedralium et abbatiarum vacantium suce camerce reservavit, ita quod quicunque extunc [in archiepiscopum vel episcopum aut abbatem] per eum promoveri voluit, ante omnia 86 cogebatur solvere primos fructus ecclesice, vel monasterii cui jjrcefioi voluit. With whom ^Platina agrees : Annatarum usum primus imposuit, {Bonifacius IX.) hac conditions, ut qui bene ficium consequeretur dimidium annui proventus jisco apostolico persolverent. Sunt tamen qui hoc inventum Johanni XXII. ascribunt. The same likewise ^ Polydore Vergil affirms, though he speak as if some thought them of an higher time, which under favour I do not credit; for * Nicholaus de Clemangiis, in the treatise he writ concerning them, saith, that when such reservations fell into consideration in the council of Constance (he lived whilst it sate) no beginning could be assigned before John XXII. began them, pro certo passagio ultramarino, et quibusdam aliis necessitatibus suis. To which I may add the opinion of the wise and learned ^cardinal d'Ossat : Jean XXII., Frangois de nation, dont il me deplaist, fust le premier qui outre les taxes, et annates qu'il inventa, fyc. And Ranulphus Cestrensis, one of that time, "saith of him : Benefioiorum per mortem seu resignationem vacantium, sive per translationem, primos fructus reservavit, ita ut rector institutus taxationem benefioii sui aut residuum taxationis acceptaret : ex qua cau- tela innumerabiles thesauri ad manus papce devenerunt — and Knighton himself : '' Reservavit curiae omnes primos fructus vacantium ecclesiarum, sive per mortem sive per redgnationem, SfC. ^ Walsingham, 1316 : Summus pontifex reservavit camerce suce primos fructus benejiciorum omnium in Anglia per trien- 1 De Schismate Universali, Lib. ii. >.. 7, [ed. Argentorati, 1609.] 2 De Vitis Pontif. in Bonifac. IX. [p. 627. J ' De Rerum Inventoribus, Lib. viii. c. 2, [p. 463.] ' Tract, de Annatis non solvendis, in Fasciculo Rerum Expetendarum, etc. fol. 189, [b, E ; ed. 1535 : p. 378, ed. Brown. 1690] ; et inter opp. ejus, p. 83, col. 2, [Lugduni, 1613.] * Lettres du Cardinal D'Ossat, ccxcvi. [p. 686.]^ Polychronicon, Lib. vii. c. 42, apud De Knyghton, col. 2634, 1. 8, etc. ¦» Ubi supra, col. 2566, 1. 47. « Hist. Angl. A.D. 1316, p. 108, 1. 42. IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. 107 nium vacaMium : which not occurring of any pope before, I cannot ascribe other to have begun them than he ; who though, in a 'bull dated the fifth January, 4" pontificatus, he mention fructus redditus, proventus, primi anni benefidorum, yet by the doubts he there resolves, shews the practice of them then newly brought into the church. But whereas the '"writers before named agree, the Enghsh, of all nations, never received in this the full extent of the papal commands, I conceive it to arise from the good laws they made against them : of which before, and after. 17. It is hardly credible how great a mass of treasure were by these ways sent hence into Italy. "The revenues the Italians were possessed of in England, 1245, are accounted not less than sixty thousand marks; a.d. '^1252 it was thought they did amount to seventy thousand (all which for the most drained thither) ; and in '^the parhament held about an hundred years after, the commons shew, what went hence to the court of Rome, tourne a plus grande destruction du roialme que toute la guerre nostre seigneur le roi : yet, notwithstanding so many statutes as were made by that prince, for moderating the excesses in this kind, the fiftieth they complain, (I shall give it contractedly) '* " the pope's collector here held a receipt equal to a prince or duke ; sent annually to Rome from the clergy, for procuration of abbeys, priories, first-fruits, &c. twenty-thousand marks, some years more, others less ; and to cardinals and other clerks holding benefices in England was sent as much, besides what was conveyed to English clerks remaining there to solicit the affairs of the nation : upon which they desire his majesty, no coUector of the pope may reside in England." 18. But the king, as it seems, not greatly complying with their desires, the '^year fohowing they again instance, " that certain cardinals, notorious enemies, had procured a clause de anteferri, to certain benefices within the provinces of Canter bury and York ; that the pope's coUector was as very an enemy to this state as the French themselves ; that his house-keeping " Extravagant. Decret. Commun. Lib. III. de Praebend. et Dignit. c. II, [ed. Taurin. 1620.] i" Nicolaus de Clemangiis, Platina, Polydore Vergil. 11 Mat. Paris, p. 668, 1. 49 : p. 667, 1. 36. 87 12 Ibid. p. 869, 1. 48. 13 Rot. Pari. 26» Edw. III. Octav. Purif. § 13, A.D. 1351. 14 Rot. Pari. 50° Edw. III. §§ 105, 106. 15 Rot. Pari. 51" Edw. III. §§ 78, 79. 108 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. here at the clergy's cost was not less than three hundred pounds 88 by the year ; that he sent annually from hence beyond seas, 'at one time twenty thousand marks, sometimes twenty thousand pounds ; and, what was worse, espied the secrets of the king dom, vacations of benefices, and so daily made the certainty known to the said court ; that he did now raise for the pope the first-fruits of all dignities and other smaller promotions, causing by oath to pay the true value of them, surmounting the rate they were formerly taxed at ; which now in the very beginning ought to be crushed, &c. Upon which considerations they desire all strangers, clerks, and others (excepting knights, esquires, merchants, artificers) might suddenly avoid the king dom ; no subjects, without the king's express hcense, to be proc tors, attorneys, farmers to any such alien, under the pain, after proclamation made, of hfe, member, loss of lands and goods, and to be dealt with as thieves and robbers ; no money during the wars to be transported out of the kingdom by exchange or otherwise, on the forfeiture of it." But to this the answer only was, Se tiegnent les estatutz et ordenances entfaites. Where upon, the ^next parliament, the commons preferred again three petitions, touching, (l) The payment of ^first-fruits taken come due a la chaumbre notre seint piere, yet not used in the realm before these times, was contrary to former treaties with the pope, &c. (2) Reservations of benefices. (3) By that way bestowing them on aliens, who sundry times employed the profits of them towards the ransoming or arraying their friends, enemies to the king. Of all which they desire his majesty to provide remedy ; as also that the petitions in the two last par liaments (of which before) might be considered, and convenient remedy ordained. To which the answer is, Les seigneurs du grant conseil ordeigneront due remede sur la matire comprise en cestes trois Miles precedentz. And here I take the grant conseil to be the privy council, not the lords in or out of parha ment ; called the grand council for the greatness of the affairs 89 fell within their cognizance, and * named, the fifth year of Henry ' A la foitz XX. M. marcs ; a la foitz XX. M. Ii. 2 Rot. Pari, lo Ric. II. §§ 66, 67, 68. ¦* What each bishop paid to the see of Rome for first-fruits, vide Godwin, [de Praesulibus] Catal. in fine unius cujusque episcopatus. I Rot. Pari. 60 Hen. IV. § 37 ; vid. 10" Ric. II. § 20, 13<> Ric. II. § 6 ; 7° and Ho Hen. IV. § 31 ; 11" Hen. IV. §39. IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. 109 IV., to consist only of six bishops, one duke, two earls, and other ; in all to the number of twenty-two. 19. What order they established I have not met with ; it is manifest not to have been such as gave the satisfaction hoped for, by the commons' ^renewing in effect both 3° and 5° Richard II. the same suits : and the inconveniences stiU continuing, "in the year 138|-, 10° Richard IL, Wilham Weld was chosen abbot of St Augustine's, in the place of Michael, newly dead ; who troubled with a quartan ague, the French and Dutch on the seas, the king inhibited his going to Rome for confirmation, [in former times held a good excuse^], &c. He thereupon employs Wilham Thorn — from whose pen [as the man it seems fittest for the public employments of the house in that age] we have the relation — hoping to be excused himself of the journey ; who ^shewing the sufferings of the house, the miserable state he must leave it in, that he would expose it irrecuperabili casui et ruince, that the king had commanded his stay — was in the end told by the pope (after great means by him used), ^Rex tuus prcedpit quod non veniat electus ille, ego volo quod compareat et examini se subjidat ; and again, after yet more earnest soh citation. Quia audivimus turbationem inter regem et barones suos, (the fittest time to contest with a prince), et multa sinistra de persona electi, et quod cederet Romance ecclesice in ^'^praeju- didum, absque personali comparitione non intendimus ipsum confirmare, ne daretur posteris in exemplum. The cause hanging three years in suspense, the abbot in fine was forced to appear in Rome for his benediction, and returned with it not to his house, till about the end of March, 1389, the twelfth of Richard II. After which the next "parhament obtained the statute of praemunire against the pope's conferring any benefice within the said kingdom from the twenty-ninth of January then ensuing ; and no person to send or bring any summons, sen tences, or excommunications against any person for the execution of the said statute of provisors, on the pain of being arrested and put in prison, forfeiture of aU his lands, tenements, &c., and incurring the pain of life and member. 5 Rot. Pari. 30 Ric. II. § 37 : 60 Ric. II. in crastina Animarum, §§ 90, 91. " W. Thorn, col. 2184, et seqq. ' [Johan. Hagust. col. 265, 1. 27.] « W. Thom, col. 2186, 1.40, etc. : [col. 2178, 1. 58.] 9 Ibid. col. 2187, 11. 62, 63: [col. 2188, 1. 7, etc.] 1" Cap. iii. §§ 13, 14. ¦ ' Statutes, 13" Ric. II. Stat. ii. c. 2& 3. 90 110 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. [And the twenty-sixth of January, John Mandour, clerk, was by the same 'parliament commanded "neither to pass the seas himself, nor to send or attempt any thing at Rome, against one upon whom his majesty had conferred the archdeaconry of Duresme, as what was in prejudice of the king, his laws and statutes."] So that we may see the intent of this law to have been, as ^ Polydore Vergil rightly interprets it, a confining the papal authority within the ocean, and for the frequent exactions of Rome, ut nulli mortalium deinceps liceret, pro quavis causa, agere apud Romanum pontificem ; ut quispiam in Anglia ejus auctoritate impius religionisque hostis publice declararetur . . . neve exequi tale mandatum, si quod ab illo haberet. To which law, three years after, some other ^ additions were made; and none of these were ever repealed by queen Mary, who, though she did admit a union with the church of Rome, yet in restoring the pope's supremacy the state used so * great caution, as it ever seemed to me rather a verbal than real admission of his authority. Which it seems her majesty well understood, in that she would never permit Peto to appear before her in the quahty of either cardinal, bishop, or legate, to all which he was preferred by Paulus IV. ; [suffered none from Rome to enter her kingdom, intercepted all letters coming thence. And whereas the pope, pretending a suspicion of cardinal Pole in point of rehgion, (abrogating his legatine au thority here,) required his presence in Rome ; she told his agent, if that were so, informing her of the grounds, she would cause him to answer in an ecclesiastic court, and be tried by the laws of the kingdom of England, but admitted not at aU his trial beyond seas]. [But where a modern ^writer tehs us it was only to gain time (which did never expire), tiU she could inform the pope " that the same was not expedient," and no other than "catholic prmces do, when they doubt any thing wiU proceed against them from the said see apostohc, until matters can be com pounded;" truly for my part I beheve him, and that no prince in Christendom but if he should attempt against him the same was acted against ours, but he would have proceeded in the like ' [Vid. Rot. Pari. 13" Ric. II. § 9.] ' Angl. Hist. Lib. xx. p. 417, 1. 32, c. ' Statutes, 16" Ric. II. u. 5. » lo & 20 Phil. & Mary, c. 8 : see Coke's Institutes, Part ni. p. 127. ' [Persons, in his Answer to Coke's Reports, p. 336.] IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. Ill manner — ^for we see the repubhc of Venice did, and the king of Spain since, not much otherwise — in stopping all intercourse between Rome and his dominions. And where he "says "they did not contemn the pope's authority," I confess it : for no man contemns what is truly another's, who stops only his encroach ments ; which is the case of this nation. But, by his favour, it fully proves the pope had no power of meddhng here, but as the prmce gave way unto it, and her majesty refusing herself to permit a subject to be judged by no foreign constitutions or courts but the ecclesiastical laws of this kingdom, shews plainly they were not tied to attend the pope's, or be caUed out of the kingdom to a foreign judicature, but, at least, as the state did allow. J And whereas ^some would excuse the former and such like laws, as passed by consent and toleration from Rome, or at least by the importunity of the lay : that I have said doth enough shew the papal care, in suffering nothing, they could stop, might any way prejudice that see. And for the bishops' passing the 16° Richard IL, pressed by the temporalty, it is so much otherwise, as that statute is enrohed on the desire of the archbishop of Canterbury, Rot. Pari. 16° Richard II. § 20, in fine. 20. In the same parliament, the commons, as it seems, much exasperated against the pope's collector, do yet farther ^petition, he may have the warning of forty days given him to be gone out of the kingdom, sur peyne d' estre pris come enemy du roy et ranceone : et que desore en avant null collectour soit demurant deinz le roialme d'Engleterre, sHl ne soit lige du roi ; et que mesme cesty face null rien a contraire de Vestatut de provisours fait en cest present parlement, sur peine de vie et de membre sanz perdcm, considerant les meschief s et damages 91 que les collectours estranges ount faitz dedeinz le roialme devant ces hures. But to this the answer only is, Le roy s'avisera. 21. After these petitions and laws, however they suffici ently barred the court of Rome from meddhng with this church, and enough shewed the right of the kingdom in reformmg itself, and redressing all inconveniences came unto it from beyond sea ; yet the king having a power of dispensing with those statutes. 6 [Ibid.] I xii. ^ 37, p. 305 : § 49, p. 311. ' Catholicke Devine, [as above], cap. | « Rot. Pari. 13" Ric. II. § 43. 112 PAYMENTS TO THE PAPACY FROM ENGLAND. [CHAP. 92 this mischief ensued : divers who easily obtained letters of pro vision to a good benefice from the papacy, sued to the king (who held fair correspondency with the popes) that they might put his bulls in execution ; who delayed his concessions some times a year or longer, after the vacation of the living, during which the ordinary had admitted some able person into the place, who then began to be disturbed. For prevention of which, the 'statutes of 7° Henry IV. and 3° Henry V. were made, that no licence should be available against any possessed of a living at the day of the date thereof, and farther to make void all so granted. After ^ which the contract, too long to be here inserted, between Martin V. and the Enghsh church, for settling several disputes of ecclesiastic cognizance, as of uniting benefices, consohdations, &c., was concluded ; in which the pa pacy seems to permit such particulars to the Enghsh clergy, as they would not be restrained in, though formerly claimed not to be exercised but by his authority. Yet 8° Henry V. ^ 10, the commons petition, que null persone, de quell estate ou condition qvHil soit, ne amesne, [ne apporte] hors du roialme d'Engle terre . . . or ne argent pur merchandiser, [ne pur benefice] de seint esglise, ou autre grace ou privilege de seint esglise avoir, ne pour autre cause queconque. 22. It would be here tedious, and not greatly pertinent, to repeat all the provisions made in this kind, for the well-govern ing the clergy of this kingdom, and preserving of them free of destruction from abroad ; which yet were never such, but the pope and his officers did export a great quantity of treasure from them. ^ WiUiam Thorn hath recorded the disbursements to the court of Rome, at the election of Michael, abbot of St Augustine, 1375, not to have been less than £428. 17s. lOd. beside the expense of such as were sent, and what was paid for the loan of money to make these payments, viz. £130. 18s. 2d. Our historians * observe, in the parhament held 1532, 23° Henry- VIIL, it was computed, the papacy had received out of England for only the investitures of bishoprics, in the forty years last ' Statutes, 7" Hen. IV. c. 8 : 3o Hen. V. c. 4. 2 Concordata inter Martinum V. et Ecclesiam Anglicanam, in Actis publicis Archiepisc. et in Bibliotheca Cotton. MS. [Vid. Rymer, Fcedera, etc. Vol. IX. p. 677, ed. 1729.] s [col. 2162, 1. 43, etc.] ¦* Antiquit. Britan. p. 326, 1. 52, [ed. 1605] : Hall's Chronicle, 24o Hen. VIII. fol. 203, a : Herbert's Life of Hen. VIII. p. 358. IV.] PAYMENTS TO THE PAPACY FROM ENGLAND. 113 past, an hundred and sixty thousand pound sterhng, which is four thousand pound by the year : an incredible sum, considering the poverty of the realm for lack of silver, the weight of the money then current, and. the strict laws of former princes against such-hke transportations. 23. Thus having shewed the beginning of the papal autho rity with us, and how from the general power aU bishops received from Christ, and the fatherly care such as were instru mental in the conversion of a people did carry to them as their spiritual children, and the obedience they likewise yielded to their ghostly fathers, the pope began by steps (as I may say) to exorcise a dominion over the clergy here, and not stopping there, upon various pretences, by several ways, and (as it appears) degrees, to become so far lord of their temporals, that they might not dispose of them well, contrary to his hking, because he had the sole rule of all committed to him from Christ ; the first point I conceive sufficiently proved, viz. that what was gained thus by great industry, at sundry times, by several means, could no way speak his superintendency over this church jure divino. The second point remains, whether our princes, by the advice of their clergy, had not authority to cause them reform this church, without any new assumption of power, not formerly invested in the crown : which leads me to shew what the regal 93 power in sacris was here held to be before Henry VIII. and Rome divided each from other. [twysden.J CHAPTER V. HOW FAR THE REGAL POWER DID EXTEND ITSELF IN MATTERS ECCLESIASTICAL. 94 BEFORE I enter into the dispute of the right the kings of England did exercise in the regiment of this church, I hold it not unnecessary to see, in what divines hold ecclesiastic authority doth consist. 'Bellarmine, ^Turrecremata, and others divide spiritual power into ordinis, which they refer to the admi nistration of the sacraments ; and jurisdictionis, which they hold double, internal, where the divine by persuasions, wholesome instructions, ghostly counsel, and the like, so convinces the in ward conscience, as it is wholly obedient to his dictates, such as those of St Peter were. Acts ,u. 37 ; and external, where the church in foro exteriori compels the Christian's obedience. No'w for the first and second of these, our kings did never take upon them at all to meddle : for they neither assumed a power of preaching, teaching, binding, or loosing in foro animce, adminis tering the holy sacraments, conferring orders, nor to any parti cular is properly annexed to them ; only to such things as are of the outward policy of the church, as that God may be truly served, such as transgress the received lawful constitutions even of the church fitly punished, by the right of their crown, the continued practice of their ancestors, they could not doubt but they might deal in ; causing all others, be they clerks or other, that offend, to suffer condign punishment. 2. For the better understanding how far the ecclesiastic rule of our princes did extend, we are to know, they were never doubted to have the same within their dominions, Constantine had in the empire ; and our bishops to have that St Peter had in the church. Ego Constantini, vos Petri gladium habetis in manibus, said king Edgar to his clergy, in that his speech so ^recommended to posterity. And therefore, as after the christian magistrate began to have government, affairs of most concern- 1 De Romano Pontif. Lib. iv. u. 22. ^ Summa de Ecclesia, Lib. i. c. 93, 96, [ed. Rom. 1660.] " Apud Ethelred. [de Genealogia Re gum Angl., inter Scriptores x.] col. 361, 1. 16. " Beato Petro, cujus vicem episcopi gerunt." Caroli Magni Capit. Lib. v. c. 163. v.] HOW FAR THE REGAL POWER DID EXTEND, &c. 115 ment in the church (as is *said) had their dependence on the emperor, the greatest synods caUed by him, and the holy men of those times did not doubt the continuing to him the title of pontifex maximus, as ^Baronius notes, sine ulla christianitatis labe; and as ® Constantine did esteem the ecclesiastics TtZv e'law Tijs eKKXtjala^, but himself tcHv sktos vtto Qeov KaOecyTUfjieuoi eTriffffoTTos, "them for things within, but himself for matters without by God appointed a bishop" — so the same king Edgar, 'no less to be remembered by the English than Charles the Great by the French, was ^solicitous of the church of his king dom, veluti Domini sedulus agricola, and pastorum pastor, was reputed and writ himself the vicar of Christ, and by his ^laws and canons assured the world he did not in vain assume those titles, and yet dne idla christianitatis labe, so far as antiquity ever noted. 3. What particulars those were the emperors did hold TO. e/cT09 Ti)9 6KiiXriaias, "to be without the church," belonging, as I may say, to their episcopacy, nothing can better teach us than their commands yet remaining in the laws they pubhshed ; as in the Codex Theodosianus, de feriis, de nuptiis, etc., de fide catholica, de episcopis ecclesice et clericis, de monachis, de hceretids, de apostatis, de religione, de episcopali judicio, etc. : in Codex Justiniani, Lib. i. Tit. 1, 2, 3, 4, 5, et passim in eo : and in the Novels, Constit. vi. : Quomodo oporteat episcopos et cceteros clericos ad ordinationes perduci. Constit. [77], 137 : de ordinatione episcoporum et clericorum. The prefaces to which 95 three laws, especially the first and the last, are remarkable ; shew ing the priestly office is divinis ministrare, and the princely, maodmam habere sollicitudinem circa vera Dei dogmata, et circa sacerdotum honestatem, S^c. ; the other beginning thus : Si civibus leges, quarum potestatem nobis Deus pro sua in homines benignitate credidit, firmas ab omnibus custodiri ad obedientium securitatem studemus, quanto plus studii adhibere debemus circa sacrorum canonum et divinarum legum custo- ¦* Socrat. Hist. Eccl. Proffim. Lib. v. [p. 259, c] = Baron. Annal. Tom. III. ad an. 312, c. [According to this reference the words of Baronius are " absque idolo- latrije aliquo crimine."] « Euseb. de Vita Constantini, Lib. IV. c. 24. 7 Florent. AVigorn. a.d. 975, p. 60/. ' Regularis Concordia, etc. in Notis Seldeni ad Eadmer. p. 146, 1. 16: p. 155, 1. 6, 1. 15 : Spelman. Concil. [Tom. I.] p. 437, cap. vii. : p. 438, cap. viii. : Vid. Leges Edward, c. 17, p. 142, [ed. 1644.] ' Spelman. Concil. Tom. I. pp. 444— 476. 8 2 116 HOW FAR THE REGAL POWER DID EXTEND [CHAP 96 diam ? And accordingly in Constit. cxxiii. in forty-three chap ters, he did estabhsh many particulars pertaining to the govern ment of the church and churchmen ; and in Constit. cxxxi. not only 'appointed the observance of the four first general councils, but ^decrees the place or precedency of the pope of Rome and archbishop of Constantinople, should be according to their defi nitions above all other seats ; and how far the dioceses of some chairs by him newly erected should extend, besides other points in several chapters to the number of fifteen, treating of parti culars solely held now of ecclesiastical cognizance^ ; as did hke wise Charles the Great and Ludovicus Pius, in their Capitulars, in very many places. But with these I have not took upon me farther here to meddle, than, by naming some, to shew they having been practised by emperors, the kings of England endowed from above with the same authority in ecclesiasticis, might very lawfully within their dominions exercise the like. The question therefore will be, what they did understand their power in the church to be, and accordingly how far they did extend it in use. 4. As for the first, nothing can speak more clear than what themselves published on mature and sad deliberation, yet remaining in their laws; in which we find the regal office thus * described : Rex, quia vicarius summi regis est, ad hoc est constitutus, ut regnum terrenum, et populum Domini, et super omnia, sanctam veneretur ecclesiam ejus, et regat, et ab injui- riosis defendat : and a little after : Debet rex Deum timere super omnia, et diligere, et mandata ejus per totum regnum suum, servare. Debet etiam sanctam ecclesiam regni sui, cum omni integritate et libertate, juxta constitutiones patrum et praedecessorum, servare, fovere, manu tenere, regere, et contra inimicos defendere, ita ut Deus prae caeteris honoretur, et prm oculis semper habeatur. [Agreeing with that of ^Theodoricus, king of France, about 670 : Decet regalem clementiam ut non 1 Cap. i. ^ Capp. ii. iii. iv. ' Vid. Novel. Constit. cxlvi. * Leges Edw. Confessor, c. 17, p. 142. [In this and the following quotations from theAnglo-Saxon laws, the author, for the most part, made use of Wheloc's edition of the 'Archaionomia' (Cantab. 1644): the readings of that edition are here retained, although varying from the ' Ancient Laws and Institutes' pub lished in 1840. The variations are often .slight and verbal ; but in the present re ference to the Laws of the Confessor, the whole of the second extract is discarded by the last editor.] ^ [Preuves des Libertez de I'Eglise Gallicane, chap. xv. §10, p. 330.] V.J ITSELF IN MATTERS ECCLESIASTICAL. 117 solum gubernacula regalis culminis provideat, sed et regimina ecclesiarum et monasteriorum pro Dei intuitu et mercedis nostrce augmento sollerti cura providere, etc.J Canutus : ^ Nobis omni ope atque opera enitendum erit, qua potissimum ratione ea exquiramus consilia, quae ad rei- publicce pertinent utilitatem, pietatem confirment christianam, atque omnem funditus injustitiam evertant, ^c. Jorvalensis renders it, quomodo j^ossit . . . recta christianitas propensius erigi. Ina: ''In magna servorum Dei frequentia religiose stude- bam, tum ^animorum nostrorum saluti, tum communi regni nostri conservationi; which Jorvalensis reads, sollidtus de salute animarum nostrarum et de statu regni, shewing the care both of his subjects' souls and bodies, however after a differing way, did in some measure pertain unto him. 5. Neither did these expressions pass only from the worst of our kings; but from. Ina, rex maxime pius, as 'Baronius styles him ; from Canutus, who not only himself, 1031, went in devotion to Rome, but was acknowledged ^"erga ecclesias atque Dei servos benignissimus largitor ; Edward the Confessor, a canonized saint — famous for being the best kings and hohest men : who did not only leave us in their laws the king's part, but what they conceived hkewise the bishops' was, viz. to be "i)ez praecones, divini juris interpretes, that they were rerum divinarum commoda praedicare palam, that for and to the people they should vigilare, excubare, proclamare, [as those who were eruditione atque doctrina gregem Domini speculari ac defendere, etc. : or as Jorvalensis explains it], '^'^ contra spiri- tuales nequitias debent populo prcevidere, by letting them know, qui Dei prceceptis obedire neglexerit, hie cum ipso Deo com mune non habeat. And this is that sword of St Peter men tioned by king Edgar, which when the holy bishops of the 97 primitive times did only put in execution, they neither found princes backward in supporting their designs, nor people refrac- ^ Leges Canuti, c. xi. p. 109 : Jor valens. [Chronicon] col. 923, u. 31 : Vid. Leges Canuti, c. xxv. p. 106, et Jorvalens. col. 921, c. 23. ' Leges Ina; in Prffifat. p. 1 : apud Jorval. col. 761, 1. 40, etc. » r^l'la, Saxon. ° Annal. Tom. IX. ad an. 740, xiv. ; Vid. Hen. Huntindon. Lib. iv. p. 337, et seqq. 1° Fulbert. Carnotensis Epist. xcvii. p. 93, Opp. Paris. 1608. 11 Leges Canuti, c. xxvi.p. 106: Apud Jorval. col. 922, 1. 17, etc. 1- Sequor in reliquis Jorval. [ibid.] 118 HOW FAR THE REGAL POWER DID EXTEND [CHAP. 98 tory to their exhortations. Thus we see, as they declared the office of a king, they were not silent in that of a bishop, shewing how either laboured in his way the reducing people to piety and a virtuous life; the one by making good laws for compelhng the wicked, the other by giving such instructions as convinced the inward man. 6. So that we often meet with the prince extending his commands to the same things, the priest did his persuasions : as I. In point of sacraments, 'that children should be baptized within thirty days after birth. II. And, because it seems some priests were neghgent perform ers of that duty^, that such as were not prepared, or denied the baptizing of them, should be punished. III. ^No person be admitted to the eucharist, be a god father, receive confirmation from a bishop, not knowing the Pater noster and Belief. IV. '*That persons instructed should receive the communion thrice every year. V. ^Restrained by their laws matrimony to the sixth de gree of consanguinity. VI. ^Reserved to themselves a liberty of dispensing with the marriage even of nuns. And it is not to be forgot, in that particular, Lanfranc joins the king's advice, (as a person of equal power) with his own : ''et hoc est, saith he, consilium regis et nostrum. VII. ^Commanded the observance of Lent principali auc toritate. VIII. ^Appointed certain days to be held festival by the 1 Leges Inse, c. ii. p. 1 : Jorval. col. 761, c. 2. 1 Jorval. col. 830, c. 6 : Foedus Ed ward! et Guthruni, u. iii. p. 42, [in 'Ar chaionomia'] : Excerptiones Egberti, c. X. xi. xii. in Spelman. Concil. [Tom. I.] p. 259; where you may observe the king's precept to impose on the trans gressor the payment of twelve ora, but the bishop's to be only persuasive. What ora was, see Mr Sumner's 'Glossary,' [sub calc. Scriptor. x. ed. Lond. 1652.] " Canones dati sub Edgaro, capp. xvii. xxii. p. 67 : Legos Canuti, c. xxii. p. 105: Spelman. Concil. [Tom. I.] p. 599, § 22 : Jorval. col. 921, 1. 57. •¦ Leges Canuti, c. xix. p. 104: Jor val. col. 921, 1. 32. ^ Leges Canuti, c. vii. p. 101 : Jorval. col. 919, c. 11. " Leges Aluredi, t. viii. p. 25 : Jor val. col. 823, c. 9. ' Lanfranc. Epist. xxxii. p. 316. 8 Bed. Hist. Eccl. Lib. iii. c. 8. ^ Leges Aluredi, c. xxxix. p. 33 : Jorval. col. 826, 1. 60 : which the laws of Canutus seem after to take away. Leges Canut. capp. xiii. xliii. p. 118: Jorval. col. 927, c. 67—72 : vid. ibidem, col. 920, c. 17—19, and Thorn, col. 2197, 1. 15. v.] ITSELF IN MATTERS ECCLESIASTICAL. 119 better sort, but aUowed the servant and labourer to work in them. I omit here then- edicts for the observation of the Lord's day, payment of tithes, incontinency, and such-hke, (held now merely of ecclesiastic cognizance), for the multiplicity of them. IX. '"Divided old, and erected new bishoprics. Yet this is that "cardinal Bellarmine holds a point of so high concernment, no man can do it without authority obtained from Rome : which yet we never read to have been asked, '^though Theodore, 679, erected five, consensu regis, at one time ; and some other altogether without the pope's liking, as those in the north, after the expulsion of Wilfred '^- X. [When the necessities of the church required, gave'* bishoprics in commendam.J XI. '^Caused the clergy of their kingdom to meet in coun cils and sometimes presided themselves in them, though the pope's legate were present. XII. [Did by '^regal authority, as occasion served, appoint the saying masses and other services in the church.] 7. Of the crown's commanding in these particulars, it is apparent to have been in possession, the pope seeing and not interrupting any whit, whilst the Saxon and Dane bare here the sway ; when, to speak truth, it seems to me not so much to have been insisted on, by whose authority the thing commanded was done, as a care taken of all sides nothing should be required but just and pious ; which made each precept, without dispute, from what author soever it proceeded, be readily yielded unto : and so the IN'ormans found it, under whom the first contentions concerning jurisdiction with the see of Rome began. For before Wilham I. possessed himself of this crown, it is certain the Enghsh bishops had no ordinary courts distinguished from the lay, but both secular and ecclesiastic magistrate sat and judged On the same subject, see Leges Canuti, p. 103, capp. xiv. xvi. xvii. which was likewise exercised a.d. 1393, by Richard IL 1" Bed. Hist. Eccl. Lib. iii. c. 7 : Lib. IV. c. 12 : Lib. v. c. 19. 11 De Concil. et Eccl. Lib. iv. c. 8, [in Disputation. Tom. II. p. 289, u.] '¦ Florent. Wigorn. a.d. 680, p. 685. 13 Confer Bed. Lib. iv. c. 12, cum 99 Lib. V. c. 20. But of this before, [cap. iii. § 24.] ¦4 [[Diceto, A.D. 962, col. 456, 1. 46 : see before, cap. iii. § 63.] 1= Spelman. Concil. [Tom. I.] pp. 292, 293: p. 189, et passim. Vit. Lan franc. t. vi. p. 7 : Florent. Wigorn. a.d. 1070, p. 636. '" [Leges Ethelred. cap. iii. apud Jorval. col. 902, 1. 26.] 120 HOW FAR THE REGAL POWER DID EXTEND [CHAP. together, what pertained ad observcmtiam religionis, locis suis et a suce diceceseos synodis — as was hkewise the custom 'in France. 8. This were enough manifest, in that we find the lay. not only present, but subscribers to many of our ancient ^councils; did not the laws of ^Jllthelstan, 4Edgar, ^ Canutus farther assure us. It is probable, inferior judicatures did refer matters of doubt to the greater courts or yeijl-jemot:, to be held twice a year as the former edicts and * some councils did estabhsh : which produced that care in the council of ^ Celichyth, 816, the bishop should transcribe judgments given in qualicunque synodo of what pertained to his diocese, and he to keep one copy, and the party whom it concerned another of such determination — which I take to be those laws mentioned by ^Eadmerus, which as they were reposed in some parts of the church, so were the pleas, as it seems, usuaUy ^ there held. But the Conqueror, finding these proceedmgs to be non bene, neque secundum sanc torum canonum prcecepta, %c., did by his charter make a dis tinction of the courts, that such as were convented by the bishop should answer, non secundum hundret, sed secundum canones et episcopales leges, §-c. The charter to Remigius, bishop of Lin coln, is upon record, '"published by many, and was certainly by the Conqueror directed to every diocese through the kingdom: 100 for I have seen, in an hand of "Edward I. one for London, testi fying it was then found in the episcopal register there : [which is since recorded by Mr Dugdale], 9. When this passed the king, whether at the pope's legates being here for deposing Stygand, 1070 — about which time histo rians remember he made some beginning for settling the Enghsh laws, and is therefore likely to have then passed this — or when thev were here for settling the dispute between York and Canterbury, 1 Caroli Magni Capitula, Lib. vi. c. 111. ^ In Spelman. Concil. yassim. 2 Apud Jorval. col. 846, 1. 36. ¦• Leges, c. v. p. 64 : Jorval. col. 872, c. 10. ' Leges, c. xvii. p. 103: Jorval. col. 924, c. 38. ^ Concil. Calcuth. apud Spelman. [Tom. I.] p. 293, c. 3. ' Apud Spelman. p. 330, c. 9. " Eadmer. apud Gervas. Dorobern. col. 1292, 1. 18. ' Apud Gervas. Dorobern. : Simeon. Dunelm. sive Turgot. de Dunelmensi Ecclesia, Lib. iii. c. 10; col. 35, 1. 6, etc. [among the ' Scriptores x.'] 1° See it in Sir Edw. Coke's Institutes, Part IV. c. 53, p. 259. [' Ancient Laws' &c.. Vol. I. p. 495.] 11 In antiquo MS. [Vid. Append, ad Hist. Eccl. S. Pauli a Gulielmo Dugdale, Lond. 1658, p. 196 ; Script, xviii.] v.] , ITSELF IN MATTERS ECCLESIASTICAL. 121 or at what other time, is uncertain. Yet I cannot deny, it seemeth to me to have given the occasion of those expressions in '^ Alex ander II. his letter to him, that the world, in maligno positus, plus solito pravis incumbat studiis ; tamen inter mundi prin cipes et rectores egregiam vestrce religionis famam intelligimus, et quantum honoris sanctce ecclesice tum simoniacce vires oppri- mendo, (which is apparently spoken of Stygand), tum catholicce libertatis usus et officia, (by which questionless he points at this charter), confirmando, vestra virtus impendat, non dubia rela tione cognosdmus, Sgc. Now certainly, if he did grant it during the hfe of that pope, it must not have been after 1073, in which year he died. I confess I have not met with any clear example of the practice of it during the reigns of that liing, or- either of his children : for though Anselm, about 1106, writes to Henry I., who had punished certain clerks, not observing the decrees of a council held at Westminster, 1102, ^'^ quod hactenus inauditum et inusitatum in ecclesia Dei de ullo rege et de aliquo prin- cipe : non enim pertinet secundum legem Dei hujusmodi culpam vindicare, nisi ad singulos episcopos per suas parochias — yet I conceive this is to be interpreted of the king doing it alone with out the bishop, not when they both joined together after the manner then hi use, which himself elsewhere '* advises Rufus unto : Conemur ima [quceso] tu regia postestate et ego pontificali authoritate, quatenus tale quid inde statuatur, quod cum per totum fuerit regnum divulgatum, solo etiam auditu, quicunque illius fautor est paveat et deprimatur. I can take this for no 101 other but that in the laws of '* ./Ethelstan : Debent episcopi cum saeculi judicibus interesse judidis, ne permittant, si possint, ut aliqua pravitatum germina pullulaverint. And the laws of '^ Henry I. are express, the use to have continued in his days ; for they approve the ancient institution, that generalia comita- tuum placita certis locis et vicibus convenire debere, that the judges in those courts were episcopi, comites, vicedomini, S[C. The causes they dealt in, and order of proceeding, agantur primo debita verce christianitatis jura, secundo regis placita, postremo causae singulorum, ^c. And why may not certa loca here be what Anselm ca\h parochia, the Conqueror's 'hundret'? 12 Baron. Annal. Tom. XI. ad an. 1071, ix. " Eadmer. p. 85, 1. 40, etc. * Apud Eadmer. p. 24, 1. 18, etc. ^ Apud Jorval. col. 845, 1. 36, etc. "> Leges Hen. I. t. vii. p. 180. 122 HOW FAR THE REGAL POWER DID EXTEND [CHAP. 10. But good laws 'are not always suddenly put in execu tion ; and this of the Conqueror we may take to have slept, till towards the beginning of king Stephen's time it had got some strength, for then we meet with plain precedents of the eccle siastic courts being severed from the lay. Theobald of Canter bury molesting the monastery of St Augustine's, concerning certain privileges granted from the papacy, the abbot obtained a bull from Innocentius IL, of the twentieth of November, 1139, in his house's favour, in which the pope expostulates with the archbishop, ^quod occasione privilegii nostri, idem monasterium vehementer infestas, et ecclesias eidem ccenoMo pertinentes eundem abbatem ordinaire non sinas, quin potius violenta dominations ecclesias eorum firmatas diceris infregisse, et presbyteros tuos, invito abbate, et ejusdem loci fratribus, contra Romance ecclesice privilegia, quibus idem coenobium est muni- tum, in eis ponere prcesumpsisse : nee his contentus, abbatem ipsum, et liomines ejus, ' ad pladtandum super hoc in curiam tuam,' prout asserunt, prcesumptuose traxisti, eisque ob earn rem pcenam moliris infligere, ^c. 11. WiUiam Thorn, who ^mentions this, 1139, the fourth 102 of Stephen, observes, (which is warranted by the bull itself), quod iste Tlxsobaldus primo abbatem et conventum ad causas trahere conatus est ; and is the first I have noted in which the ecclesiastics alone did force men to plead in their courts ; which, as it doth prove they then had it, so we may conclude them not long to have been possessed of that power. For it is altogether improbable, if that act of king Wilham had been in his and his son's time generally practised, but some archbishop, in above fifty years, might have attempted as much, if not to the abbot, at least to some other ; as after this the examples are frequent, of which one in the hundred and twenty second epistle of ¦• Johannes Saresberiensis is not unworthy the remembering. Symjihorian, a clergyman of York, accused one Osbert, arch deacon of the same church, before king Stephen, the bishops ' " Leges instituuntur, cum promul- gantur : firmantur, cum moribus utentium approbantur." Distinct, iv. u. 3, [in the ' Corpus Juris Canonici.'] ' HabeturheecBullain splendidoMS. reposito in ^Vula S. Trinitatis, Cantab. aute209annosexarato. [.A Chronicleofthe ' [p. 211.] Monastery of St Augustine, Canterbury : the passage occurs at fol. 74, a. col. 1.] Et in alio MS. optima^ notje ante quad- ringentos annos scripto, in Scachario, fol. 49, b. Chronica, col. 1800,1.46. v.] ITSELF IN MATTERS ECCLESIASTICAL. 123 and lords, 1154, for making away Wilham, the late archbishop of that see, by poison. A question grew, to whether court this cause belonged. The king affirmed it to belong to the temporal, for the heinousness of the fact, and because it was first entered upon in his presence. But before the decision Stephen died and Henry II. succeeded ; de cujus manibus (saith my author) vix cum summa difficultate, in manu valida, cum indignatione regis et omnium procerum, jam dictam causam ad examen ecclesiasticum revocavimus ; from whence it was by appeal carried to Rome. ¦12. But what this manus valida should be, that took the case from the king, I cannot imagine : for it is undoubted, in all disputes of this nature, the king to have been ever judge what court the cause did belong unto. Bracton speaks very clearly : ^ Judex ecclesiasticus cum prohibitionem a rege susceperit, su persedere debet in omni casu, saltem donee constiterit in curia regis ad quem pertineat jurisdictio : quia d judex ecclesias ticus aestimare possit an sua esset jurisdictio, in omni casu indifferenter procederet non obstante regia prohibitione ; [and if any prince's piety or comjjliance with the Roman chair carried him fartherj it was ^ mishked of the wiser sort], a.d. 1080, Wilham I., in a ^council at lUebon in Normandy, by the 103 advice of both estates, ecclesiastic and secular, did settle many particulars to belong to the cognizance of the spiritual judge ; and concludes, that if any thing were further claimed by them, they should not enter upon it, donee in curia ejus monstrent quod habere debeant, Neither were the lay to molest them in the exercise of aught there mentioned, donee in curia regis monstratum sit quod episcopi inde habere non debeant. So in both reserving the decision to his own courts of what per tained to each. [Accordingly, 1224, when Richardus de Marisco, bishop of Duresme, went farther, the king's prohibition issued : ^Ne idem episcopus utatur libertate aliqua in curia sua, con tra coronam et dignitatem, qua predecessores sui, jure episco patus sui, usi nonfuerant temporibus antecessorum nostrorum. ° Lib. V. de Exceptionibus, c. 15, § 3, fol. 412, a. [in his work 'de Legibus et Consuetudinibus Anglia;,' ed. Lond. 1569.] « [Vid. Mat. Paris, Additam. p. 202, § 31 : Hist. M.-ijor, a.d. 1250, p. 777, 1. 30.] ' Concil. lUebon. § 47, apud Orderic. Vital. [Eccl. Hist. Lib. v.] p. 654. 8 [Vid. Claus. 8" Hen. IIL Membr. 11. in dorso.] 124 HOW FAR THE REGAL POWER DID EXTEND [CHAP. regum Anglice; donee discussum fuerit, in curia nostra, utrum hujusmodi brevia et libertates pertineant ad ipsum episcopum, jure episcopatus sui vel non. And when the archbishop of Canterbury summoned York to appear in council, by papal authority, and 'complained to the king of his neglect, Henry I. replied, " he had done well, the disgrace being to him and his court." By which it is manifest that princes held their courts to have inspection over the actions of the archbishop and his counsels : agreeing with that we find in ^Eadmerus.] And that the ecclesiastic courts were not to act ad libitum, but to give an account to the crown, is not to be doubted by the charge against Becket, in which Henry II. urgeth, ^quod cuidam Johanni coram ipso litiganti plenam ju.stitiam non exhibuit, et super hoc ad regis prcesentiam vocatus, venire contempdt. To which the archbishop answered : Prcefato Johanni condignam non defuisse justitiam, et Johannem non legaliter curiam suam infamdsse, qui non super evangelium, ut moris est, sed super veterem cantuum codicillum, quem secum tulerat, voluerit pejerare, ^c. : and for his not attending the king, to give him satisfaction in the point, pleaded the excuse of sickness ; yet for that contempt was adjudged to lose his moveables. [Insomuch as what that strong hand should be, did at any time take a cause from the king, I must profess not to understand.] But by it is evident the archbishop did then * exact oaths of such as were called into his court, that he was to give an account to the king of his carriage in it ; who by his constitutions hath ever directed their manner of proceedings^. But of this *more hereafter. 13. The Conqueror, though he did shew so much compli ance with the Romanist, as not to deny any thing former kings 104 liad acknowledged to the papacy as due, yet farther than ^they had gone, would in nothing submit unto it : and as they had by their edicts guided the ecclesiastic affairs of this kingdom, so he proceeded in his laws, ^a legibus sanctce matris ecclesice sumens 1 [Stubbs, Actus Pontif. Ebor. col. 1720, 1. 15. See cap. iii. § 26.] = [p. 6,1.28.] » Apud Gervas. Dorobern. col. 1389, 1. 37, etc. A.D. 1164. Vid. Rot. Pari. 2° Hen. V. Pars i. § 17. ¦> Gervas. Dorobern. ubi supra, 1. 42 : R.deHoveden, A.D. 1165, p. 494,1. ll,etc. ' See Mat. Paris, a. d. 1247, p. 727, 1. 29: A.D. 1246, p. 716, 1.1. " § 17, xix. ' Willelnnis ad Gregor. VII. inter Lanfranc. Epist. vii. p. 304 : et apud Baronium, Tom. XI. ad an. 1079, xxv. " R. dc Hoveden, p. COl, 1.26. v.] ITSELF IN MATTERS ECCLESIASTICAL. 125 exordium, as did his son "Henry I. How far they did conceive this their power to extend in those matters, nothing can better teach us than the laws they and such as came after them — princes against whom no exceptions can lie — estabhshed, and usages they maintained as the right of the nation, in opposition of aU encroachments whatsoever. [Which were so far from being exorbitances gained by strong hand, as natural franchises of common right, belonging to a church and kingdom ; of which the king, as protector of each, ought to protect them in posses sion, from unjust intrusions or encroachments.] 14. To enumerate all these privileges (I conceive them with our ancestors better called rights) I hold impossible — the foundation or ground upon which they are built being that power, the divine wisdom hath invested the secular magistrate with, for preservation of his church and people in peace, against all emergencies from whomsoever proceeding ; as the bishops of the province of Canterbury wrote to Thomas Becket, 1167: ^''Rex a Domino constitutus pad providet subjectorum per omnia ; ut hanc conservet ecclesiis, et commissis sibi populis, dignitates regibus ante se debitas et exhibitas sibi vult exhiberi. And this issuing from so great authority, as in effect the body of all the clergy of the realm, cannot be imagined to be other than the constant opinion of the English church. In what these rights have been put in practice in opposition to Rome (of which I now treat) may in some sort be told : but to say these they are, and no other, is that I mean cannot be. So that we may say the affirmative, " These they are," but not the negative, " Others they are not." Therefore Eadmerus will have it of the Conqueror, that " cuncta divina simul et humana ejus nutum expectabant, that is, in foro exteriori ; insomuch as, when the clergy, 1530, gave the king the title of " head of the church," they intended no other than their forefathers, when they -cahed 105 him the '^defender, '^patron, governor, '^tutor of it. 15. Which the French do attribute to their kings with ' Leges Hen. I. c.v. c. vii. ; etpassim. i» Apud R. de Hoveden, p. 510, 1. 50, etc. 11 Eadmer. p. 6, 1. 21. 12 Mat. Paris, [Hist. Major] a.d. 1241, p. 655, 1. 1.6. 1^ [" Quem solum post Dominum et sanctos ejus in terra. patronum habemus." Inter Becket. Epist. cxxxiii. p. 159, col. „2.] I'l Epist. Universit. Anglia, [apud Mat. Paris, j a.d. 1245, p. 607, 1. 38. 126 HOW FAR THE REGAL POWER DID EXTEND [CHAP. more hard expressions: 'Ce qui monstre (says one) que les evesques de ce temps-Id estimerent le roy, asdste de son conseil d'estat, estre apres Dieu 'chef terrien" de Vesglise de son royaume, et non p)as le pape, in the negative. Which another ^explains thus: Ce n'est point pour cela que je veuille dire, ce que aucuns ont trop indistinctement proferi, que lesdits rois et princes souverains soient en leurs estats, privativement a tous autres, chefs uniques et absolus de Vesglise, et de tous les ministres d'icelle ; car pour le regard de ce qui concerns le maniement des choses purement sacrees, comme I'administra- tion de la parole de Dieu et des sacrements, et la puissance de Her ou delier, voire de regler en particulier le dedans de chacune eglise, la surintendance en apipartient aux evesques, et autres cliefs de la hierarchie ecclesiastique, d chacun selon leur rang et degre. Then shewing by comparison, that as the head architect leaves to his inferior agents the use of such instru ments as are proper for their undertakings ; so, il n'appartient point au roi de manier les choses sacrees, ny supporter, comme Von dit, Varche dalliance, iis doivent laisser cela a ceux de la vocation ; mais iis peuvent voire, sont tenus devant Dieu veiller sans cesse, et avoir Vaeil ouvert a ce que ceux de cest ordre et profession prindpale, aussi bien que ceux des autres moindres apportent en loyaute et saine conscience tout soin, diligence, puretk, et sineerite, au maniment des charges a eux commises, conformement a leurs lois, regies et canons ; lesquels au cas qu'ils seroient negligez et effacez par la rouille de V antiquite, ou que par la malice des hommes il fust besoin d' en faire de nouveaux, iis sont tenus user de leur puissance, pour y apporter des remedes [convenables], soit par leurs or- donnances et pragmatiques, soit par leurs jugemens, arrests, et executions d'iceux. C'est ce qu'en France nos predecesseurs ont tousjours appelle la police exterieure sur Veglise, de 106 laquelle les empereurs, rois et princes ont use et joiii sans con- tredit, tant que Veglise s'est conservee en sa purete, et qu' aucuns d'icelle ne se sont ingerez sortants de leurs bornes et limites d'usurper les functions royales. Insomuch as Benigne Miletot doth not only affirm their kings to be ^chefs-protecteurs, 1 M. Claude Fauchet, en ' Traitez des I = M. Charles Faye, ibid. p. 230. Droits et Libertez de I'Eglise Gallicane,' ' Du Delict Commun, [en 'Traitez p. 179, ed. 1639. | des Libertez' etc.] p. 528 ; p. 657. v.] ITSELF IN MATTERS ECCLESIASTICAL. 127 et conservateurs de leur eglise Gallicane; but recites a speech of the archbishop of Vienne made to Henry IV., 1605, in which he did affirm, que le roy estoit le cceur et la teste de leur corps. [Which is no other than that Amalarius, archbishop of Treves, spake as of a thing without dispute, when about the year 830 he writ to Ludovicus Pius ; * sciamus vos rectorem esse totius christiance religionis, quantum ad homines pertinet. Which in effect is no other than that prince, so famous for piety, writes of himself, that he was constituted by God, ^ut sanctce suce eccledce et regni hujus curam gereremus. And, though summa hujus ministerii in nostra persona consistere videatur — who was therefore the admonitor of all — yet others were his adju- tores : that, ' being not ignorant of every one's duty, he could not omit the admonishing them according to their order' ; and so addresses his laws, first to the bishops, then to others, which is that he had so learned of ^Charlemagne his father. That emperor had the same authority among Christians, Josias had in the Jewish church ; viz. as the learned ^Leschassier rightly observes, non pour baptiser et prescher, mais pour faire bap- tiser et prescher, et faire garder le droit de Veglise.^ 16. And other headship than this I do not know to have been ever attributed to our princes. Certainly they did never take on them the exercise of any thing purely sacred, but as supreme ^head, rulers or governors, under God, by their com missioners (of which such as bare most sway were ever the spiritualty) ' to visit, reform, redress, [order, correct, and amend] all errors, heresies, schisms, abuses,' &c. And for that the rust of antiquity (as that author styles it) had much over spread the canons of the church, '"to assign sixteen of the clergy, whereof four to be bishops, and as many of the lay, of which four to be learned in the common laws of this realm, ' to peruse and examine the ecclesiastical laws of long time here used, and to gather, order and compile such laws ecclesiastical, as shall be ^ [Amalarius Fortunatus Episc. Tre- verensis, de Ecclesiastico Officio, Praefat. i.J [in a collection of Treatises, de Divinis Officiis, Rom. 1591.] 15 [Car. et Ludov. Capitul. Lib. ii. c. 2,3.] ¦^ |[Pra:fat. Carol. Magn. in Capit. Lib. I.J ' [De la Liberie' ancienne et cano- nique de I'Eglise Gallicane, prope finem.] [(Euvres, p. 290, a Paris, 1662.] " Statutes, 260 Hen. VIIL c. 1 : 1" Eliz. u. 1, § 8. 10 Statutes, 3» & 4» Edw. VI. c. 11, § 1: 250 Hen. VIII. c. 19: 27" Hen. VIII. c. 15 : 350 Hen. VIIL c. 16. 128 HOW FAR THE REGAL POWER DID EXTEND [CHAP, 107 thought to his majesty, his said council, and them or the more part of them, to be practised and set forth within this realm.' In pursuance of which, the eleventh of November, in the fifth year of Edward VL, he nominated two bishops, two divines, two doctors of the law, two esquires, to supervise the ecclesiastic laws of this kingdom, and to compile such a body as were fit to be put in practice within his dominions ; whose 'intendments (for it passed no further) were after printed by John Day, 1571, and are no other than what the French (for the manner of doing) maintain their king might do : neither doth the inqui sition of Spain publish any thing of that nature, without the allowance of their king, as I shall shew ^hereafter. 17. So that, in my opinion, the question cannot be, whe ther princes are not capable of such a right ; but whether it were invested in the crown formerly, and made good by such a continued practice, as might authorise ours to take that title — when offered by the clergy, 1530 — as well as the French kings have, without encroaching on that power the ecclesiastics had, and by our laws ought to exercise in England. Now, certain, our kings did in many things go along with the French in causes ecclesiastical : ^Rex Anglorum, exemplum accipiens ab illis baronibus qui sua statuta sanxerunt in Francia, quibus et dominus Francorum favorem jam praebuit, et sigillum appo- suit, SfC. Clement VII. being held prisoner, 1527, by the emperor, the eighteenth of August cardinal Woolsey made an agreement with the French, for settling the ecclesiastic govern ment of each kingdom during the pope's captivity. For the French, I shall remit the reader to the *.deed which is printed ; but the English were to be such as should be agreed to, prce latis accitis de mandato et auctoritate praedicti invictisdmi Anglice regis, whose determinations were to be consensu, ejusdem invictissimi Anglice regis. But where ^my lord Herbert con ceives this to have been the first taste our king took in govern ing the clergy, I can no way be of his opinion ; for, without peradventure, the cardinal neither did nor durst have moved one step in making the ecclesiastics less depend on the papacy than the common law or custom of the realm warranted ; know- 1 [Allusion is made to the ' Reformatio Legum Ecclesiasticarum.'] '^ Cap. viii. g 12. ' Mat. Paris, a.d. 1247, p. 727, 1.26. ¦• Preuves des Libertez de I'Eglise Gallicane, chap. xx. § 33, p. 529, [ed. 1639.] 5 Life of Henry VIII. p. 209. v.] ITSELF IN MATTERS ECCLESIASTICAL. 129 ing he must without that back have lost not only Clement VII., but all popes and the court of Rome, which must and had been his support, on the declining favour of so heady and dan gerous a prince as Henry VIIL, had he not cast off both the cardinal and his obedience to that see almost together. But how much he had the clergy before this under his government, the history of « Richard Hun is witness sufficient; and the rights the Conqueror and his successors were ever in contest 108 with the papacy about, and maintained as the laws and customs of the realm, enough shew they did not command the eccle siastics here, according to the will of any foreign potentate; nor were mere lookers on, whilst another governed the Enghsh church — some of which I shall therefore here set down. 1. They ^admitted none to be taken for pope but by the king's appointment. II. *None to receive letters from him without shewing them to the *king, who caused all words prejudicial to him or his crown to be renounced by the bringers or receivers of them. III. '*• Permitted no councils, but by their liking, to as semble ; which gained the name of convocations, ' as that "always hath been and ought to be assembled by the king's writ.' IV. '2 Caused some to sit in them might supervise the actions, and legato ex parte regis et regni inhiberent, ne ibi contra regiam coronam et dignitatem aliquid statuere atten- taret : and when any did otherwise, he was forced to retract that he had done, as '^did Peckham ; or were '*m pauds ser- vatce, as those of Boniface. 6 See Hall, 6" Hen. VIIL [fol. 50.] ¦> Eadmer. p. 6, 1. 26: Vid. Epist. Hen. Chichele, in Vita ejus, pp. 34, 35, 36. 8 Eadmer. ibid.; p. 113, 1. 1 : W. Thorn, col. 2152, I. 1 ; col. 2194, 1. 18 ; et alibi : Coke's Institutes, Part iii. p. 127. ' [Which being continued by Edw. I., pope Nicholas IV. wrote that expostu- latory letter to him, Raynaldus hath given the world (Tom. XIV. ad an. 1290, § 33) ; and afterwards, 20" Edw. III.,it was enact ed, que nul Engleys, ne alien, porte bulle, [twysden.J n'autre lettre papale, a evesque ou autre persone de la terre d'' Engleterre, que louche busoigne des aliens .... s''il ne les monstre au chanceller ou as gardeins des porta, etc. (Rot. Pari. 20° Edw. III. §42.)] i» Eadmer. p. 24, 1.6, 1. 11. 11 Statute-s, 250 Hen. VIII. c. 19, § 1. 1= Mat. Paris, a.d. 1237, p. 447, U. 61, 52. 13 Vid. Selden. de Synedriis, Lib. i. c. 10. [Opp. Vol. I. Tom. II. p. 982.] 1* Lyndewode, Provinciale, Lib. Ii. de Foro Competenti, [p. 92, not. d.] 9 130 HOW FAR THE REGAL POWER DID EXTEND [CHAP. V. 'Suffered no synodical decree to be of force, but by their aUowance and confirmation. ^Rex, auditis concilii gestis, consensum praebuit, auctoritate regia et potestate concesdt et confirmavit statuta concilii a Gulielmo, Cantuariensi archi episcopo, et sanctce Romance ecclesice legato, apud Westmonas- terium celebrati. ^In hoc concilio, ad emendationem eccledce Anglicance, assensu domini regis et primorum omnium regni, hcec subscripta promulgata sunt capitula, S^c. VI. Permitted no bishop to * excommunicate, or inflict any ecclesiastic censure on any baron or officer, nisi ejus prcecepto. VII. ^Caused the bishops appear in their courts, to give account why they excommunicated the subject. 109 VIII. ^Caused such as were imprisoned, after forty days' standing excommunicate, to be freed by writ, without the assent of the prelate or satisfaction given; 'the king and his judges communicating with them tam in divinis quam in judidis, ^and commanding none to shun them, though by the ordinary de nounced excommunicate. IX. 'Suffered no legate enter England but with their leave (of which before) : [nor meddle in it of the customs of the country ; it being de maximis una, quae regnum Anglice liberum ab omni legati ditions constitueratj. X. '"Determined matters of episcopacy, inconsulto Romano pontifice. XI. Permitted no appeal to Rome; [nor any, ^^auctoritate apostolica, to be called out of the kingdom] ; of which before. XII. '^Bestowed bishoprics on such as they liked, and '^translated bishops from one see to another. XIII. Erected new bishoprics : so did Henry I., 1109, Ely, taking it out of Lincoln; '* Carlisle, 1133, out of York, or rather Duresme ; but of this before. 1 Eadmer. p. 6, 1. 29. ^ Continuatio ad Florent. Wigorn. A.D. 1127, p. 663. ^ Gervas. Dorotern. a.d. 1176, coL 1429, 1. 16, etc. * Eadmer. p. 6, 1. 31, etc. " Mat. Paris, Additamenta, p. 200, § 7 : Vid. ' Articuli Cleri,' 9" Edw. IL c. 7, [in Coke's Institutes, Part ii. p. 622.] ^ Mat. Paris, Additamenta, p. 200, §10. ' Ibid. § 12. 8 Ibid. § 13. " Eadmer, p. 58, 1. 40 : p. 113, 1. 1 : p. 118, 1. 28 : [p. 138, 1. 15.] i» Eadmer. p. 115, 1. 23, 1. 31. ¦1 [Raynaldus, Annal. Tom. XIV. ad an. 1290, § 33. See cap. iii. § 33.] 12 Florent. Wigorn. a.d. 1070, p. 636 : Henr. Huntindon. [Hist. Lib. vii.] p. 382, 11. 23—27. " Eadmer. p. 95, 1. 38, etc. : Florent. M^igorn. A.D. 1109, [p. 654.] 1' Johan. Hagustald. col. 257, 1. 48. v.] ITSELF IN MATTERS ECCLESIASTICAL. 131 XIV. [Exempted '^ monasteries out of the bishops' juris diction ; and, the ordinary to them, inquired of the governance of hospitals. And here it may not be unworthy of a place, that a monk of Bury, about 1430, finding the frequency of this practice formerly, is so perplexed how it passed, as he can find no reason but only because the papacy had not then declared themselves on the point ; therefore ^^sibi ad tunc et aliis licuit regibus quibuscunque, eo quod nullum pro tunc per summos Romanorum pontifices editum fuerat decretum, sive decretale, in oppositum. So as in his opinion the pope's decreta or decre- talia might, ad libitum, alter the laws of the kingdom, which yet I believe our lawyers will not admit them ever to have done.] XV. '^ Commanded by writ their bishops to residency. XVI. '^Commanded their bishops, by reason of schism, vacancy of the popedom, &c., not to seek confirmation from Rome, but the metropohtan to be charged by the king's writ to bestow it on the elected. XVII. [Allowed the subject to gain no jubilee at Rome : "not in that so famous year, 1350, when aU Europe swarmed thither and the pope desiring it of him ; yet permitting his own prelates to confer grandes indulgentias upon them.] XVIII. ^"Placed, by a lay hand, clerks in prebendary or parochial churches, ordinariis penitus irrequisitis. And it is not here unworthy the remembering, that Wilham Lyndewode, a v^ry learned canonist, who wrote about an hundred years before Henry the eighth's difference with Clement VII. — find ing the crown in possession of this particular not agreeing with the rules of the canon law — is so perplexed, as in the end he finds no way to make the act valid, ^'but that he doth it by papal privilege. For if by prescription, episcopo sciente et tolerante, it could not be good; for though the king might confer the temporals of the church, non tamen potest dare jure 1' [Charta Gulielm. I. in Monasticon Anglicanum, Tom. I. p. 317, a, 1. 60.] « [Vid. Monasticon, Tom. I. p. 290, col. 2.] " Vid, Coke, Institutes, Part n. p. 6?5. 1' Rot. Pari. 30 Hen. V. Pars 11. (I60 Martii), § 11, a.d. 1415. 1' [CronicadiMatteoVillani, Lib. •. c. 29, c. 56,] [in Ferenze, 1681]: [Hen. de Knyghton, col. 2601, 11. 28, 33, 40 ; col. 2623, 1. 19.] 2» Mat. Paris, Additamenta, p. 200, §6. 21 Provinciale, Lib. iii. de Cohabi- tatione Clericorum, etc. Gloss, ad verb. ' Beneficiati,' [p. 126, col. 1.] 9 2 132 HOW FAR THE REGAL POWER DID EXTEND [CHAP suo potestatem circa spiritualia, viz. circa ea quce pertinent ad 110 regimen ecclesiasticum, et ministrationem sacramentorum et sacramentalium ; nee non circa ecclesiasticoi jurisdictionis ex- erdtium, et hujusmodi, quce jure spiritualia sunt. Nee in hoc casu potest sibi prodesse praescriptio etiam longissimi temporis, quia talia spiritualia non possunt per regem possideri, et, per consequens, nee ut transeant sub sua potestate possunt prce- scribi, nee consuetudine introdud. In which he wiU have an hard contest with divers French and Italians, who maintain, ' che tutte le ragioni, che si possono acquistare per dispensa del papa, si possono acquistar anche per consuetudine, la quale sopravvenga contraria alia legge : that a prince may prescribe for such acts as he can acquire by the pope's dispensation. [And our king's courts to have interposed of their own right, in matters of purely ecclesiastic cognizance, cannot be doubted by that of Nicholas IV., 1290, to Edward I. : '^ Regia curia de nonnuUis causis, ad ecclesiasticum forum indubitanter perti- nentibus, quarum cognitio non cadit in laicum, spretis sacris canonibus, se intromittit.J XIX. ^Prohibited the lay yielding obedience, or answering by oath to their ecclesiastic superior inquiring de peccatis subdi torum : which I take to have been in cases not properly of their cognizance, not of witnesses either in causes matrimonial or testamentary. XX. I shall add to these particulars an observation in Matthew Paris ; where the ecclesiastics, having enumerated several cases in which they held themselves hardly dealt with, add, ^that in aU of them, if the spiritual judge proceeded con trary to the king's prohibition, he was attached : and, appearmg before the justices, constrained to produce his proceedings, that they might determine to which court the cause belonged : and if found to pertain to the secular, the spiritual judges were blamed, and, on confession they had proceeded after the pro hibition, were amerced ; but denying it, were compeUed to make 1 Considerazioni del P. M. Paolo so- pra le Censure del pape Paolo V. [Opp. Tom. III. p. 209: in Helmstat, 1793.] Vid. Fulgentio, Confirmatione delle Con- siderationi del P. M. Paulo, pp. 312, et seqq. [in Veneta, 1606.] 2 [Raynaldus, Annal. Eccl. Tom. XIV. ad an. 1290, § 33.] ' Mat. Paris, Addit. p. 200, § 9 : et in Hist. Major, p. 716, 1. 7 : Vid. Selden. de Synedriis, Lib. i. c. 10. [Opp. Vol. I. Tom. II. p. 996.] * Mat. Paris, Addit. p. 202, § 30. v.] ITSELF IN MATTERS ECCLESIASTICAL. 133 it good by the testimony of two ^vile varlets ; but refusing such purgation, were imprisoned tiU by oath they freed themselves to the justices ; that being cleared even by the lay, they had no satisfaction for their expence and trouble. By which, by the way, it is manifest how much the king's courts had the superin tendency over the ecclesiastic. XXI. [And of all these immunities, rights, or hberties, pertaining to the crown, the king could not be judged, neither was to plead before any other ^than in his own court — which is the same the crown of France doth hkewise challenge : ''ne peut le pape juger, ny deleguer pour cognoistre de ce qui concerne les droits, preeminences et privileges de la couronne de Franse, et ses appurtenances; et ne plaide jamais h roy de ses droits et pretensions qu'en sa cour propre.J 18. These and many other particulars of the hke nature. 111 daily exercised, notwithstanding the clamour of some ecclesiastics more affecting their own party than the rights of the crown, make there can be no scruple, but the English did ever under stand the outward policy of this church, or government of it in foro exteriori, to have much depended on the king ; and there fore the writs for summoning parliaments express the cause of his calhng them to be, pro quibusdam arduis, urgentibus ne gotiis, nos, statum, et defensionem regni nostri Anglice et ecclesice Anglicance concernentibus, ^or, as our bishops have sometimes expressed it in the rolls of parliament, a pleiscmce de Dieu — que seint esglise soit governez et defenduz — et pur bone governance de son roialme. Likewise the commons, that their gift of the ninth sheaf, &c. to Edward IIL, to have been for his defence of the kingdom, ^et de seinte esglise d'Engle terre. According to which our kings joined both together, pro fessing their care for amending the church to be equal with that of the commonwealth. ^^ Item fait assavoir, que nostre tres- soverain seigneur le roy, eianf graunde volunte et desir de Vestate de seint esglise, et de son roialme en les choses, ou ' " Vilissimi ribaldi." « [See Mr Selden, de Synedriis, Lib. I. c. 10, p. 979 : Mat. Westmonast. a.d. 1301, pp. 436, 437 : Thom. Walsingham, A.D. 1302, p. 81, 1. 13, etc.] ¦' [M. Pithou, en ' Traitez des Droits et Libertez de I'Eglise Gallicane, p. 9 ; ed. 1639.] ^ ' L'evesque d'Excestre, chanceller d'Engleterre.' Rot. Pari. 20o Ric. II. §1- 0 Vid. Rot. Pari. 16° Edw. III. § 26. 1" Ibid. 2o Hen. V. Pars i. § 22. 134 HOW FAR THE REGAL POWER DID EXTEND [CHAP. mestier est d'amendement, a Vhonour de Dieu, et pur la pees et la commune profit [si bien] de seinte esglise d'Engle terre, come de tout son roialme, de Vadvis et assent des seigneurs espirituelx ad fait certeins estatuitz. In pur suance of which interest residing in the crown, the lords and com mons, [when they had cause of suspicion, something from the pope abroad, the clergy or others at home, tended either to the diminution of divine service, their own rights or liberties, had ever recourse to their king, as whose office it was to see it redressed. The beginning of the petition of the lords and com mons, ,35° Edward I. at Carhsle assembled in parhament, 130|-, as it stands yet on record, is observable. It speaks thus : ^A nostre seigneur le roy prient contes, barons, et tote la commu- naute de la terre, aide et remedie des oppressions southescrites, que V apostoille fait faire en ceste roialme, en abbessement de la fd Dieu et anyntissement de Vestat de seinte esglise en roialme, SfC. Therefore they did then hold the pope might go against the faith of God, to the destruction of holy church ; and the king to have a right to give aid and remedy against these enor mities]. In Richard the second's time, there being a fear the opinions cahed Lohardy might prevail, ^petierunt a rege de istis re medium apponi, ne forte archa totius fidei ecclesice talibus impulsionibus in illius temporibus, prae defectu gubernaculi, irremediabiliter quateretur. Upon whose desires, he com manded the archbishop of Canterbury and his other bishops, ut officium suum, singuli in suis dicecesibus, secundum jura ca nonica aerius et ferventius exercerent, delinquentes castigarent, 112 librosque eorum Anglicos plenius examinarent, errata extermi- narent, populumque in unitatem fidei orthodoxce reducere studerent, ecclesiamque urticis, et vepribus defloratam liliis et rods ornarent, SfC. After which, the said author records a commission, by which his majesty, as defender of the catholic faith, did empower certain to seize upon heretical books and bring them before his council: and such as after proclamation ' shall be found to hold such opinions, being called and examined before two commissioners (who were of the clergy), and lawfully convicted thereof, to be by his majesty's ministers committed to 1 [Rot. Pari. 350 Edw. I. ; ' Petitiones | ^ Hen. de Knyghton, col. 2/08, 1. 40, propositas contra W. de Testa.'] | etc. a.d. 1387. v.] ITSELF IN MATTERS ECCLESIASTICAL. 135 the next prison. ^ Fourteen years after which, the commons shew Henry IV. the parliament might be compared to a mass, in which the archbishop of Canterbury began the office, readmg the epistle and expounding the gospel, — which, it seems, they took to be the part of the ecclesiastic, as did the * Saxons before: Et a la mesne [de la messe] que feust la sacrifice d'estre offertz a Dieux pur toutz Christiens, le roi mesmes a ceste parlement, pur accomplir celle mesne, pleuseurs foitz avoit declarez pleinement as toutz ses lieges, coment sa volunte feust, que la foie de seinte esglise serroit sustenuz et governez en, manere come il ad este en temps de ses nobles progeni- tours, et come il est afferme par seinte esglise, et par les seintz doctours, et par seinte escripture : and a little after, shewing they the commons were only to say, Deo gratias ; which they were obliged to do for three reasons, the second of which is : Pur ceo que la, ou la foie de seinte esglise, par malvoise doctrine feust en point d'avoir este anientz, en grand subversion du roi et du roialme, mesme nostre seigneur le roy ent ad fait et ordeignez bon et joust remede, en destruc tion de tiele doctrine et de la secte d'icelle, par ont iis sont ensement Men tenuz de dire eel parol 'Deo gratias? By all these it must be granted, they did hold the chief care of the English church to have depended, in the outward pohcy of it, on the prince ; or else that they did speak and do very unadvisedly in attributing so much unto him, and providing that he might be 113 supphed to defend it, without at all mentionmg any other to whose care it belonged. 19. Neither did these expressions and petitions pass the commons only, or the clergy over-ruled by the numbers of the temporalty ; but the bishops by themselves acknowledged how much it stood in his majesty's care to provide against any novelties creeping into the Enghsh church, and that it might enjoy the rights and liberties belonging to it. And therefore, when the said doctrine of Lollardy continued mcreasing, they, in the names praelatorum et cleri regni Anglice, petition ^ Henry IV. : Quatenus . . . inclitissimorum progenitorum et antecessorum vestrorum laudabilia vestigia graciose consider antes, dignetur vestra regia celsitudo, pro conservations [dictce fidei catholicce. 3 Rot. Pari. 2" Hen. IV. § 47. I ' Rot. Pari. 2" Hen. IV. § ' "i Supra, § 6. 1 136 HOW FAR THE REGAL POWER DID EXTEND [CHAP et sustentations dicti cultus divini, ac etiam pro salvatione status, jurum, et libertatum] dictce ecclesice Anglicance, ad Dei laudem, vestrique meritum, et totius regni prcedicti prosperitatem et honorem, et pro hujusmodi dissentionibus, divisionibus, da.mpnis, [scandalis] et periculis evitandis, super novitatibus et excesdbus prcedictis in prcesenti parliamento [vestro] providere de remedio opportuno. Did not these then hold it the office of the king, as that his progenitors had ever done, to provide no dissensions, scandals, divisions might arise in the church, the catholic faith truly conserved and sus tained ? And what other did any of our princes ever challenge or assume ? 20. When the clergy hkewise went at any time beyond their bounds, or were negligent performers of their duties, the subject upon all occasions had recourse unto his majesty, as to whose care the seeing what was amiss redressed did especiaUy belong: as 'when the ecclesiastic courts were grievous for the fees, ^or their pecuniary penances too heavy, when they were oppressed by papal provisions (of which before), when through . the absence of their curate they were not so well taught, &c. 114 ^when the frequency of the writ ad capiendum excommuni- catum made it burdensome, ^when men were cited by them on causes neither matrimonial nor testamentary, and appearing were not allowed a copy of the libel against them. In which case the king's answer is not unworthy the repeating, shewing clearly he directed how they should proceed : Le roi voet, que a quell heure la copie de le libell est grantable par la ley, qu' il soit graunte et livere a la partie saunz difficulte. It is true, kings would refer matters of that nature to their bishops, unto whose care under them it did especiaUy belong: so Richard II. being ^petitioned in point of residency, answered: II appar- tient as offices des evesques; et le roi voet qu'ils facent [due- ment] lour office et devoirs, ^c. ®His successor, being again pressed in the same kind, gives his command thus : Facent les ordinairs leur offices et devoir [en eel cas]. Et par cause ' Ibid. [31o Edw. III. § 4]: 50o Edw. III. § 84 : lo Ric. II. § 108. = Ibid. 250 Edw. III. Octav. Purif. §35. » Ibid. 25o Edw. III. Octav. Purif. § 31. ' Rot. Pari. 20 Hen. V. Pars i. § 17 : Vid. ibid. 46o Edw. III. §§ 36, 37; §§ 41, 42. = Ibid. 170 Ric. II. § 43. " Ibid. 7° & 80 Hen. IV. § 1 14. v.] ITSELF IN MATTERS ECCLESIASTICAL. 137 que les pluralitees cfount este grauntees devant ces heures sont, et ount este, la greindre cause de Vabsence des tieles curates, y plest au roy nostre seigneur, de Vadvys et assent des seigneurs en parlement, escrire par ses honourables lettres a nostre seint pier le pape, de revoker et repeller toutes tieles pluralities generalment ; et que desore en avaunt nulle pluralitee smt grauntee a ascuny en temps advenir. But the pope, it seems, giving no satisfaction in the particular, the ^eleventh of Henry IV., the commons again petition, that the riches of the kingdom being in the hands of churchmen, those livings upon which the incumbent of common right ought to reside, half of the true value should remain to himself, but the other to the king. To which the answer is: Cest matier appertient a seinte esglise. Et quant a la residence, remede ent fuist purveuz en la darrein convocation. Yet this matter of non-residence stiU molesting the commonwealth, the third of Henry VL, the king tells them, by the advice of the lords of parhament, ^he had dehvered their biU to " my lord of Canterbury, chargyng hym to purveye of remedye for his provynce, and semblably shaU write to the cherche of York for that provynce." By 115 which we may see the king, archbishop, and convocation did conceive themselves to have a power of redressing things in this church, which yet in civility they thought fit ^ first to acquaint the pope with, as a spiritual doctor or patriarch, however of great esteem, yet not endued with a power of commanding in this church otherwise than the laws of the kingdom, the contracts with the papacy, did bear. 21. Now it cannot be doubted that all these petitions of the commons, and sundry more which may be produced, had been by them vainly preferred, had they not taken the king to have been vested with a power of redressing things blameable in the government of the church. But when we say the prince, as the principal, without whom nothing is done, may be rightly termed ' head ' in the act of reformation, our meaning is not, that he wiU deal in points of ecclesiastic cognizance, without the advice of his bishops, and other learned of the clergy : we know,, in things proper, '"Josuah is to take counsel of Eleazer ; and the^ kings of this nation have ever done so. ' Ibid, llo Hen. IV. § 70. ' Ibid. 30 Hen. VI. § 38: Vid. i" Hen. VI. § 31. 9 See cap. iii. §§ 14, 19. 1" Numbers xxvii. 21. 138 HOW FAR THE RKGAL POWER DID EXTEND [CHAP. 22. When Edgar intended the advancing Christi gloriam, he chose him three bishops to be his ^patres spirituales et consiliatores. But to speak of later times, ^when the commons endeavoured a reformation of some things in the church, Henry VIII. would not answer their desires, till he had first acquainted the spiritualty. When he intended to publish a ^book of the "principali articles and poinctes of our fayth and belefe, with the declaration of other expedient poinctes, and also for the laufuU rites, ceremonies, [and observations of Goddes service] within this realme," he ordained it to be by " tharchebishops and sundry bishops of both provinces, and also a grete nombre of the best lamed, honestest and most vertuouse sorte of the doctours of divinytye, men of discretion, judgement, and good 116 disposition," &c. And Edward VL, minding a farther refor mation of some usages in the administration of the eucharist, he caused it to be ^made ' by the most grave and [best] learned [bishops and other] of his realm,' for that purpose by his directions assembled at Windsor ; who afterwards, 'for taking away " diverse and sondrie fourmes and facions," had formerly been used in sundry churches of England and Wales, " appoynt- ed tharchebisshopp of Canterburie and certayne of the most learned and discrete bisshopps, and other learned men of this realm, to consider [and ponder] the premisses,'' who, " by the ayde of the Holie Ghooste, with one uniforme agrement," con cluded on and set forth the book of Common Prayer, &c. Upon which the two houses of parliament, " consideringe as well the moste godlye travell of the kinges highnes, in gatheringe and coUectinge the saide archebishopp, bisshoppes and learned men together, doe give to his highnes most hartie thanckes for the same." So that it is apparent, the king, in composing this book, did not assume to himself, or the parhament attribute unto him, any other than assembhng of the bishops and other learned men together, to take their consultations. 23. And they, observing the great * diversity in saying and singing in several churches, the difficulty of finding what ' Spelman. Concil. [Tom. I.] p. 433. = Hall, 230 Hen. VIII. fol. 202, b : 24o Hen. VIII. fol. 205, a: Herbert's Life of Henry VIII. p. 357. 3 Statutes, 320 Hen. VIII. c. 26. -i Fox, Acts and iMonumcnts, Vol. II. Book IX. p. 7, col. I ; p. 8, col. 2. Ed. 1684. = Statutes, 20 & 3o Edw. VI. c. 1. "^ Preface to the First Prayer Book of Edw. VI. v.] ITSELF IN MATTERS ECCLESIASTICAL. 139 was proper for each day apt to breed confusion, reduced the public service of the church to one form more facile and of better edification, foUowmg therein the examples of divers holy bishops and others. For, if ^Guarinus and WiUiam, abbots of St Alban's, in the office used in their church, about 1190, might superflua resecare, to reduce the prayers there to one form, [and add what they saw fitting] ; if ^Agobardus in France might amputare superflua vel levia, ^c. ; if ^ Osmund, bishop of Salisbury, in England, quoniam singulae fere dioeceses in statis et precariis horis dicendis variabant, ad hanc varie- tatem tollendam, et ut quasi absolutum quoddam precandi, quo omnes uti possent, exemplar^ exstaret, eas in eum fere ordinem et commodam rationem, quam hodie omnes prope Anglice, Cambrice, et Hibernice (viz. the course of Salisbury) 117 ecclesice sequuntur, magno et prudenti rerum ex sacris scrip- turis et probatis ecclesice historiis delectu, distribuit et digessit ; if these, I say, might do it on their own motion, there is no question [the king might appoint, after the example of Charles the Great, some of his clergy to take into consideration the removing out of it matters offensive or less edifying, by their advice correcting ^"legendi et psallendi disciplinam, causing them to compile a liturgy, decerpens optima quceque de scriptis catholicorum patrum, lectioiies unicuique festivitati convenientes per circulum anni in ecclesia legendas : as the French to this day hold it a royalty of the crown, "not to permit any change in their missals or breviaries, but by the aUowance of their king]. 24. Neither did queen Elizabeth, at the beginning of her reign '^alter some passages in it, but by the opinions of divines eruditis et moderatis ; with whom was joined a learned knight, sir Thomas Smith, to whose care the supervising of it had by the house of commons been committed, the second of Edward VL, and therefore knew better than any other, to give an account of that book. Nor did herself, or the house of lords, use differing ways. ' Mat. Paris, Vit. S. Alban. Abbat. p. 101, 1. 17 : p. 123, 1. 28, etc. " Agobard. [Liber de Correctione Antiphon. c. 3]: Opp. Tom. II. p. 87, [ed. Baluz. Paris. 1665.] » Harpsfield, Hist. Angl. Eccl. sac. xi. c. 19, p. 251, 1. 48, [ed. Duaci, 1622.] 1" [Sigebert. Gemblacensis, a.d. 790, 807. Vid. A.D. 774.] '1 [Vid. 'Preuves des Libertez de I'Eglise Gallicane, c. xxxi. p. 836.] '2 Camden. Annales Elizabeth, [p. 8.] 140 HOW FAR THE REGAL POWER DID EXTEND, &c. 'when the commons at other times have sought some change in the ecclesiastic government; as the twenty-third and twenty- seventh of her reign, where though the lord treasurer made a short beginning, yet he left the satisfactory answers to be given them by the archbishop of York. Insomuch as we may safely conclude, when the clergy in convocation styled Henry VIII. eccledce Anglicance protectorem unicum, et supremum dominum, et, quantum per Christi leges licet, supremum caput, they added nothing new unto him, but a [past] title ; for he and his successors after it, did never ex- ' ercise any authority in causes ecclesiastic, not warranted by the practice of former kings of the nation. By all which the second question remains sufficiently proved, that our kings were originally endued with authority to cause the English church be reformed by the advice of their bishops, and other of the clergy, as agreeing with the practice of aU ages. For who introduced the opinion of transubstantiation : made it an article of faith : barred the lay of the cup : priests 118 of marriage : who restored the mass in queen Mary's days, before any reconcihation made with Rome : but the ecclesiastics of this kingdom, under the prince for the time being, who com manded or connived at it ? 1 See 'Journals of the House of Commons,' 23o Eliz. March 3 & 7; 27o Eliz. Feb. 25. CHAPTER VI. HOW THE KINGS OF ENGLAND PROCEEDED IN THEIR SEPARATION FROM ROME. IT appearing therefore by what hath been said, [the refor mation of this church to have been built on these two un deniable maxims, as ancient, for aught- 1 know, as Christianity itself in the island — (I) that the king, as supreme governor, had a right of calling his clergy together, and by their advice causing the liturgy, or any thing else juris positivi in the church, defaced by the rust of antiquity, to be reformed; and they, under him, of declaring the articles of faith agreeable to the holy scriptures, and ever taught for such by the ancient primitive fathers and doctors in it — (2) that neither the pope, nor other from him, had any right of meddling in the Enghsh church, but by his permission and allowance ; which is manifest by his send ing no legate, but on the king's desire, and, when he did, he was treated with, or he came into the land, when he should have exercise of his power, and how much should be put in execution] — and that the statute, 24° Henry VIIL c. 12, that saith in effect as much, is no other than a declaration of the common law, that is the custom of the realm — the next enquiry will be, for acquitting the church of England in point of schism, how this separation from Rome was made. 2. Henry VIII. having long pursued a cause matrimonial with Clement VII., who shewed so much comphance to resolve it in his favour, as he sent cardinal Campeius hither to join with Wolsey, the king's creature, in the business ; and upon the em peror's success m Italy, the cause, after many delays, being revoked to Rome, the king, upon the opinions of many foreign divines of the invalidity of his marriage with queen Catharine, caused the case to be determined by the Enghsh church — which judgment yet he would have in some measure submitted to the court of Rome, so as he might have given the persons to whom it was delegated by the pope fuU information, and the cardinals 119 of the imperial faction excluded having any part in the decision. But Clement hearing what had passed in England, with more than ordinary haste determines the cause against him: which how 142 HOW THE KINGS OF ENGLAND PROCEEDED [CHAP. 120 much it would irritate any prince of so great power, and so high a spirit as our Henry, I shaU leave others to judge. And here I might allege many foreign examples, of those who upon less indignities have stopped all intercourse with Rome, as 'Lewis XII. and Henry II. of France, if I had undertook to write an apology for him. 3. The king, upon the advertisement of these proceedings by the pope, which was it the beginning of the year 1534, falls first to those courses his ancestors had formerly done, when they had occasion to know how they ought to comport themselves in any thing towards Rome — which was, to have the advice of the English church ; and thereupon wrote to the universities, great monasteries and churches of the kingdom, and the eighteenth of May, 1534, to the university of Oxford, ^" requiring them, like men of virtue and profound hterature, to diligently intreat, ex amine, and discuss a certain question, viz. An Romanus episcopus habeat majorem aliquam jurisdictionem sibi collatam in sacra scriptura in hoc regno Anglice, quam alius quivis externus episcopus ; and to return their opinion in writing under their common seal, according to the mere and sincere truth of the same." To which, after mature deliberation, and examination not only of the places of holy scripture, but of the best interpreters, for many days, they returned answer the twenty-seventh of June, 1534 — without aU peradventure according to the ancient tenet of the English — Romanum episcopum majorem aliquam jurisdictionem non habere sibi a Deo collatam in sacra scrip tura in hoc regno Anglice, quam alium quemvis externum episcopum. Of this answer I have thought fit to make particular mention — though assented to by all the English clergy — because Oxford hath been ever ^held cemula Parisiensis, ecclesice fun- damentum, '^fountaigne et miere de notre foy christians, as I formerly touched : whose opinion the Enghsh church hath there fore highly esteemed, and sought on all occasions of this nature ¦ — of which to give some examples. ' Whose coin is yet extant, having on one side his picture, and an inscription shewing him to be king of France and Naples ; on the other, the arms of France, and these words, ' Perdam Babylonis no- men.' Thuanus, Hist, sui temporis. Lib. I. p. 11, c. ^ [In Wood's ' Hist, et Antiq. Uni versit. Oxon.' ad an. 1534, p. 258, ed. Oxon. 1674.] ' Mat. Paris, a.d. 1252, p. 859, 1. 3: A. D. 1257, p. 946, 1. 28. 1 Rot. Pari, lo Hen. VI. § 43. VL] IN THEIR SEPARATION FROM ROME. 143 4. Upon the election of Urban VL, France, Scotland, Flanders, and divers other parts adhering to Clement, who re sided at Avignon, Hhe French king, 1395, caused a meeting of the clergy of his dominions, to search whether had the better right to the papacy : whose judgment was for Clement, which under the seal of the university of Paris was sent to Richard II. , who thereupon fecit convocationem Oxanice de peritioribus theologis tam regentibus quam non regentibus totius regni, and they on the contrary judged Urban to have the better title. Whose opinion, under the seal of the university of Oxford, returned to the king, was by him transmitted into France, 1408, ^in concilio cleri celebrato Londoniis, assistentibus doctoribus universi- tatum Cantabrigice et Oxonice, tractatum est de censu et obedientia papoe subtrahendis vel non subtrahendis : about which time twelve of the university of Oxford, on the arch bishop's desire, in the name of the rest, examined the books and doctrines of Wickliff, and sent their resolutions to a synod at London in an epistle yet "^extant. By all which it is manifest, how much their opinions were esteemed in this kingdom. And I hold it undoubted, a prince following so great advice, chalked out to him by the practice of his ancestors, could not be guUty of so heinous a crime as schism, arising only from disobedience to any spiritual superior whatsoever. ^Gerson says, a private person runs into no contempt of the keys in divers cases by him enumerated ; as one, dum dicit aliquis jurista vel theologus juxta conscientiam suam, quod hujusmodi sententice non sunt timendce et hoc praesertim si observetur informatio seu cautela debita, ne sequatur scandalum pusillorum, qui aestimant papam 121 esse unum Deum, [qui habet potestatem omnem in coelo et in terra]. And Navar, the greatest canonist of his time, ^qui unius doctoris eruditione ac animi pietate Celebris auctoritate ductus fecerit aliquid, excusatur, etiamsi forte id non esset justum, et alii contrarium tensrent. And to this purpose many more doctors may be alleged. 5 Hen. de Knyghton, col. 2671, 1. 24 : col. 2742, 1. 23. « Thom. Walsingham, a.d. 1408, p. 377, 1. 34, etc. ' In Fasciculo Zizaniorum MS. in Biblioth. archiep. Armachani. " Gerson, Resolutio circa materiam excommunicationum, Considerat. xi. [Opp. Tom. II. col. 424.] ' [Martinus . ab Azpilcueta, Doctor] Navarri, cap. ' Cum contingat de Re- scriptis,' Remed. ii. § 30 ; Opp. Tom. II. p. 78, col. 2, [ed. Lugdun. 1689.] 144 HOW THE KINGS OF ENGLAND PROCEEDED [CHAP. 5. This as it vyas done by him, so he was led unto it by the example of his predecessors, as I have partly touched before ; and shall therefore allege no other, but that in the disputes between Becket and Henry IL, the archbishop, endeavouring to interest Alexander III. in the difference, that prince 'caused it to be written unto him : Si juri vestro vel honori prcejudicatur in aliquo, id se totius ecclesice regni sui consilio correcturum in proximo pollicetur : and a httle after : ^Dominus rex pluri- mum sibi justificare videtur, cum in omnibus quce dicta sunt, ecclesice regni sui consilio simul et judicio se pariturum pollicetur. And this the often repeating of it, not only in a particular letter of the bishop of London, but of all the bishops of the province of Canterbury, both to the ^pope and Becket, enough assure us how undoubted it was in those days, that our kings, following the advice of the English church, did proceed on safe grounds for their justification in such quarrels. 6. Neither was the opinion, returned by these divines, so differing from the writings of other learned men, as might make them any way guilty of schism. * Gerson, speaking of the several degrees of divine truths, places for the first such as are express in scripture, secondly those that are by evident consequence deduced from thence, thirdly such as being dehvered by Christ, have been by the constant tradition of the church derived to us — ¦ of which he holds this proposition : Universalis ecclesia pontifid Romano subjecta sit : and adds : Non enim posset evidenter aut per consequentiam pure de fide ex legibus primi generis humana 122 deductione fuleiri. And ^Contarenus, in a smaU tract de Po testate Pontificis, of that question says : An auctoritas ilia et potestas, qua pontifex maximus fungitur, sit ei consensu quo- dam hominis tributa, an potius divinitus tradita, qua de re [nostris] hisce temporibus maximos tumultus excitatos esse 1 R. de Hoveden, a.d. 1166, p. 502, 1.34. = Ibid. 1. 48. ' Apud R. de Hoveden, pp. 509— 612. ¦• Gerson, Liber de Vita spirituali AnhnEB, [Lect. ii.], Corel, vii. [Opp. Tom. III. p. 24, A. J ' Gaspar Contarenus, de Potestate Pontificis, [p. 2, ed. Venet. 1562. In his collected works, p. 581, ed. Venet., this passage stands as follows:. .."neque etiam veriti sunt quidam asserere, hoc jus esse humanum." It is then added, without the word prope, "ab horum hominum sententia maxime dissentire ac compertum habere, divinitus conces- sum esse," &c. A similar mutilation of his ' Tractatus de Justilicatione' is noticed by Ranke, Hist, of the Popes, Vol. I. p. 206, English Tranal. 1841.] VL] IN THEIR SEPARATION FROM ROME. 145 perspicimus ; neque etiam veriti sunt viri in omni disdpli- narum genere celebres, ac in christiance theologice studiis illustres, in magno hominum conventu asserere, hoc jus pon tificis humanum esse ; and then adds that he ab horum hominum sententia maxime dis,sentire, ac prope compertum habere, divinitus concessum esse pontifid jus illud, ^c. So that this learned cardinal was not altogether resolved in the point, but as a disputable question had it prope compertum. The truth of which I leave him to dispute with the oriental Christians. It is manifest ^Francis I. was of the contrary judgment; and our countryman ^Stapleton delivers it as a catholic tenet of former times, non divino, sed humano jure, et positivis ecclesice decretis primatum Romani pontificis niti, SfC.^ 7. But I return to our ^king, who now fortified by the opinion of the universities, public disputations in the convocation, and several precedents of former princes, his predecessors, in his rights — whereas the parhament before in some particulars re strained the profits of Rome, as in the payments of annates, Peter-pence, making appeals to it, whose beginnings with us I have formerly noted — did '«26° Henry VIIL, 1533, declare ' his majesty, his heirs and successors, kings of this realm, shall have fuU power and authority from time to time to visit, repress, redress, &c all such errors, heresies, abuses, &c. which by any manner [of] spiritual authority or jurisdiction may be law fully reformed, repressed, ordered, redressed,' &c. This the court of Rome interpreted a faihng off from the church, and the Enghsh no other than a declaration of that right had ever re- « Sleidan, [de Statu Religionis et Reipublicae Comment.] Lib. ix. [p. 108, col. 2.] ' Stapleton, de Prhicipiis Fidei, Lib. XIII. c. 16, [Opp. Tom. I. p. 496, c: ed. Paris. 1620.] » [Which no doubt was the English tenet, as is manifest by their limiting quam diu ipsum regem catholicum habue rint, to be the extent of their obedience : by their shewing desires of departing from his union. Diu desideravi, says Henry II. justam habere occasionem re- cedendi a papa Alexandra II. atque per- versis cardinalibus ejus. And Anselm [twysden.J writ to Paschalis IL, in the point of in. vestitures determined by that pope against the rights of the kingdom, that audientes rex et principes ejtis, ipsi etiam episcopi et alii minoris ordinis tam graviter ac ceperunt, ut assererent se nullo modo huic rei assensum prmbituros, et me de regno potius quam hoc servarent ex pulsuros, et a Romana ecclesia se disces suros. Epist. Anselm. MS. quoted above, cap. iii. § 6.] 9 Henry VIII. 10 Statutes, 26o Hen. VIII. c. 1 ; begun the third of November and ended the eighteenth of December, 1533. 10 146 HOW THE KINGS OF ENGLAND PROCEEDED [CHAP. sided in the crown, and which I believe it will be a difficult task to disprove them in. 123 8. For those two articles 'Paulus III. accuses the king of, as heretical and schismatical, viz. quod Romanus pontifex caput ecclesice et Christi vicarius non erat, et quod ipse in Anglica ecclesia supremum caput existebat, SfC. — for the first, I never heard it affirmed by the king in that generahty the words im port ; for the pope is a temporal prince, as well as a spiritual father ; and so far as I know he never denied him to be the head of the church of his own dominions, nor of France and Spain, &c., if those kingdoms will admit him to so great a pre eminence. The thing he only stood upon is, that he was not so instituted by Christ universal bishop, and had alone from him such an omnipotency of power as made him absolute monarch in effect of the universal church, and was so in England. For his being vicar of Christ in that sense other bishops may be said to be his vicegerents (as ^before), I do not see how it can be well denied him ; but that this vicarship did import the giving him that power he did then exercise here, is what the church of Eng land hath ever constantly denied. As for the king's being head of the church, I have before shewed he neither took it, nor the parliament gave it, in other sense than the French have always attributed it to their princes : neither, for aught I find, was it so much sought by king Henry, as pressed on him by the clergy, of which the bishop of Rochester was one that subscribed to it ; and his ancestors did the same things before, he did after, under the names of ' protectors,' ' tutors,' ^ Christi vicarii, Domini agricolce, ^c. 9. For the other particulars mentioned in the bull, — as his beheading the bishop or cardinal of Rochester, the burning of Becket's bones, the taking the treasure and ornaments at his shrine, to which may be added the suppressing and con verting into lay hands the monasteries of the kingdom — I 124 shall not say much, having not taken on me to defend that prince's actions. Yet for the taking off the head of ' Bulla Pauli III. [dat. Rom. 3 Kal. Septemb. 1535. Vid. ' Magnum Bullarium Romanum,' Vol. I. p. 707.J ^ Cap. iii. § 72. ^ Spelman. Concil. [Tom. I.] pp. 437, 438, c. 7, 8 : Selden. Not. ad Eadmer. p. 155, 11. 7, 17. [See before, cap. v. §14.1 VL] IN THEIR SEPARATION FROM ROME. 147 Rochester (if he were convict of treason), I must give the answer 4of Edward III. to the clergy in that kind, endroit de clercs convictz de treson, pur ceo que le roi, et touz ses progenitours ont este seisis tut temps de faire juggement et execution de clercs convictz de treson devers le roi et sa roiale mageste, come de droit de la corone, si est amis au roi, que la leie en tieu cas ne se poet changer — and then he cannot be said to have died otherwise than by law. As for the goods and ornaments of churches by him laid hold on, it is certain his predecessors in their extremities had shewed him the way ; as the ^ Conqueror, who took all the ready money was found in religious houses ; * Richard the first, who did to the very chahces of churches ; and yet the archbishop afterwards ''regio munimine septus . . . uni verses monachorum (to wit, of Christ Church) redditus et ob- lationes tumbae beati martyris Thomce fecit saisiari in m,anu regis ; ^and Edward the first, 1296, fecit omnia regni monas- teria perscrutari, et pecuniam inventam Londonias apportari, fedtque lanas et coria arrestari, ^c. And in those days bishops did tell kings, ^ Thesaurus ecclesice vester est, nee absque vestra consdentia debuit amoveri : to which the king, Verum est, thesaurus noster est ad defensionem terrce contra hostes peregrinos, ^c. And perhaps it would be no hard labour to shew, all princes, not only here but '"elsewhere, to have had (how justly I will not determine) a hke persuasion. And he then being excommunicated by Paulus IIL for maintaining what the crown had ever been in possession of, can no way be said to have departed from the church ; but the pope to have injuriously proceeded against him, who maintained only the just rights and hberties of his kingdom, according to his coronation oath. 10. And this is the case, and fully answers (so far as it ^ Rot. Pari. 250 Edw. IIL, en le Feste d^ Seinte Hillar', § 60. = Florent. Wigorn. a.d. 1070, p. 636. ° Gulielm. Neubrigensis, Rerum Angl. Lib. iv. c. 35. 7 R. de Hoveden, a.d. 1198, p. 780, 1. 53, etc. ' Thom. Walsingham, p. 65, 1. 4, etc. 9 Gervas. Dorobern. col, 1564, 1. 44, etc. 1" [E. g. " The emperor (Charles V.), now' in his wonted necessity for money, was advised by his council to seize upon the revenues of the church ; for which also he obtained a breve from the pope." Herbert's Hist, of Henry VIIL p. 588, A.D. 1644. This spoliation was, how ever, deferred till the time of his son ; Charles having been supplied in some other way. ] 10 — 2 148 HOW THE KINGS OF ENGLAND PROCEEDED [CHAP. appears to me) whatsoever can be objected against the reforma- 125 tion begun by him, or made more perfect by Edward VL, for the manner of doing it, viz. that they as supreme princes of this kingdom, had a right to caU together their own clergy, and with their advice to see the church reformed by them. And if otherwise, I should desire to know how the mass without any intermission was restored by queen Mary : for it is manifest, she returned the use of it immediately after her brother's death, and yet cardinal Pole reconciled not this kingdom to Rome till the thirtieth of November, above a year after; and then too 'on such conditions only as the parliament approved : during which space, she as queen gave ^directions to the ordinaries how they should carry themselves in several particulars ; which as it is probable she did by the advice of her bishops, so there is no reason to condemn the like proceedings in Edward VL 11. I have ^before shewed how far the royal power went in compUing the book of Common Prayer : for a catechism pub lished by the same prince, it being composed by a learned per son, presented to the king, and by him committed to the scrutiny of certain bishops and other learned men, quorum judidum (says *his majesty) magnam apud nos auctoritatem habet, after their aUowance it was by him recommended to be pubhcly taught in schools. Likewise the ' Articles for taking away diversity of opinions in points of rehgion' were agreed upon in a synod at London by the bishops and other learned men, et regia auctori tate in lucem editi — the king in framing them taking no farther on himself, than he had in the book of Common Prayer. And queen Mary, though she quitted the title of "head of the church," (which yet she did not so suddenly as Saunders intimates) did in effect as much. So that hitherto there is no way of fixing any schism on the Enghsh church for neglect of obedience, it having been ever subject to the archbishop *of Canterbury and others. ' Statutes, lo & 2» Phil. & Mary, c. 8. ^ See Fox, Acts and Monuments, Vol. IIL p. 31, [ed. 1684.] ' [Cap. V. § 22, etc.] 'Edvardus VI. omnibus Ludima- gistris,' ante Catechismum Brevem Christianae Disciplina;; dat. 20 Maii, anno regni 7 : [appended to ' The Two Liturgies of K. Edward VL' • Parker Soc. edit.] ' [Archbishop Chichele in his letter to Hen. v., March 6, 1427, speaks of " the chirch of your lond, of the wich God and ye, gracious lord, have maked me governor."] [See Vit. Hen. Chichele, by Duck, Lond. 1681, p. 36.] VL] IN THEIR SEPARATION FROM ROME. 149 its lawful superiors, restoring to him the ancient right belonged to his chair, of being their spiritual pastor ^next and immediately 126 under Christ Jesus. But the kingdom being re-united to the 'see of Rome by queen Mary, though what I have said doth in a good part free it of schism, yet, in respect the reformation I only took upon me to defend was made by queen Ehzabeth, and continued since, it will be necessary to make some more par ticular mention how it did pass. Cap. iii. § 80. CHAPTER VII. HOW THE REFORMATION WAS MADE UNDER QUEEN ELIZABETH. ELIZABETH, the daughter of Henry VIIL, by queen Anne Bolen, being received by aU the estates of the kingdom (assembled in parliament), and proclaimed queen, caused her sister's ambassador, sir Edward Kerne, then residing at Rome, to give an account of this her being caUed to the crown to Paulus IV. the pope ; who being in union with France, and out with the house of Austria, then strictly joined with England, and both at odds with the French, told him, either persuaded by them, or 'upon his own heady disposition, 'England was a fee of the church of Rome ; that she could not succeed as iUegitimate ; that he could not go against the declarations of Clement VII. and Paulus III. ; that her assuming the name and government with out him, was so great an audacity she deserved not to be heark ened to : but he being wilhng to proceed paternally if she would renounce her pretensions, and freely remit herself to his arbitre- ment, he would do what lay in his power -with the dignity of the apostohc see. A strange reply to a civil message, were it not 127 derived to us by unquestionable hands, and that it came from Paulus IV., to whom it was not an unusual saying, '^that he would have no prince his companion, but all subjects under his foot.' Upon this unwillingness to acknowledge her queen at Rome, the archbishop of York (who had before ^affirmed no man could doubt of the justness of her title), and the rest of the bishops refused to crown her. As for that ^some write, it was 1 Historia del Concilio Tridentino [di Pietro Soave Polano], a.d. 1558, Lib. v. p. 420 : [Scot, of the Schism of England, p. 186 : Pallavicino, Hist, del Concilio di Trento, Lib. xiv. u. 8, §§ 2, 3.] ^ Historia del Concilio Tridentino [di P. Soave Polano], paulo ante, [Lib. v. p. 404. The original is as follows: "Che egli era sopra tutti gli prencipi, che non voleva che alcuno d'essi si domesticasse seco...In concistoro, ed anco alia mensa, in publico, in presenza di molte persone, diceva di non voler alcun prencipe per compagno, ma tutti per sudditi sotto questo piede."] ' See his speech at the making known of queen Mary's death to the commons, in Camden, Holinshed, Grafton, et aliis. * A true, sincere and modest Defence of English Catholiques, &c. [by Cardinal Allen] against a false, seditious, and slaunderous Libel, intituled ' The Ex ecution of Justicein England, 'p. 51. [The latter treatise, written by Burleigh, was VII.J HOW THE REFORMATION WAS MADE, &c. 151 because " they had evident probabUIties and arguments to doubt that she meant either not to take the oath, or not to keep the same," was then to be administered unto her, especiaUy in the particular of not maintaining "holy church's laws, in respect she had shewed an averseness to some ceremonies, as command ing the bishop of Carlisle not to elevate the consecrated host (who stoutly refused her)," and out of fear " she would refuse in the very time of her sacre the solemn divine ceremony of unction ; " these are certainly without any colour, and framed since. For as for the last, the ceremony of anointing, she had it performed; as had king James who succeeded her, who ^ would not have his queen crowned in Scotland without it. For the other, it is altogether improbable, that he, to whom the command was by her given, would of all the rest have assented to crown her, had he conceived that a cause why it might have been de nied : neither indeed did she alter any thing material in the service of the church, tUl after the conference at Westminster, 1559, the thirty-first of March, and the parhament ended. 2. To pass therefore by these, as excuses found out after the deed done, the true reason being (no question) something came from Rome, in pursuance of the answer given her agent; the queen, seeing she could expect nothing from the papacy, laboured to make aU safe at home, or, to use her own phrase, " to take care of her own house ; " and therefore (as she had reason) desired to be as sured of her subjects' fidehty, by propounding an oath to certain of them, (which is seldom a tie to other than honest hearts). But the way — men's minds distracted in points of rehgion, the ^law of Henry VIIL, extinguishing the authority of the bishop of Rome, being very severe, for securing himself, in bringing such as did but extol the said authority, for the first offence, within the compass of a praemunire, and that refused to take it, of trea son — was not easy to be pitched upon. Besides styhng the king 'head of the church,' many made a scruple at ; to 5^ which effect a biU being presented to the house of commons the ninth of February, after many arguments had upon it, the thirteenth, upon the second reading it was absolutely dashed, and upon great consideration taken the fourteenth of February, a committee ap- published in 1683, and is also printed in Holinshed, pp. 1368 et seqq.] ' See Spotswood's Hist, of the Church and State of Scotland, p. 381, [ed. 1677.] 128 s Statutes, 28o Hen. VIII. c. 10. ' Journals of the House of Commons, 1" Eliz. A.D. 1568. 152 HOW THE REFORMATION WAS MADE [CHAP. pointed to draw a new bill, in which an especial care was taken for restoring only the ancient jurisdiction of the crown, and the queen neither styled ' supreme head,' nor the penalty of refusing the oath other than the being excluded from such places of honour and profit as they held in the commonwealth : yet with this proviso, that he, who had an estate of inheritance in a tem poral office, and refused to take the said oath, did after upon better persuasion conform himself, should be restored unto the said estate; and that such as should maintain or defend the authority, pre-eminence, power or jurisdiction, spiritual or eccle siastical, of any foreign prince, prelate, person, state, or poten tate whatsoever (not naming the pope, as her father had done) should be three times convict before he suffered the pains of death. 3. This biU, which no doubt the pope's carriage drew on, being expedited in the house of commons, received reformation by the lords, committed the thirteenth of March to the lord marquis of Winchester, lord treasurer, the duke of Norfolk, the earls of Westmoreland, Shrewsbury, Rutland, Sussex, Pembroke, viscount Mountague ; bishops, Exeter, Carhsle ; barons, Clynton (admiral), Morley, Rich, Willoughby, North, no one of them then noted for protestantism; the eighteenth of March passed the 129 lords, none dissenting but eight bishops, the earl of Shrewsbury, viscount Mountague, and the abbot of Westminster : and the same day sent to the house of commons, who upon perusal found again what to amend it in ; so as it had not its perfection in both houses tiU Saturday, the sixth of May, when the parhament ended the Monday following, at which time only viscount Mount- ague and the interesseS clergy opposed it. By which it cannot be questioned, but the generality of the lords did interpret that law, no other than, as indeed it was, a restoring the crown to its ancient rights ; for if otherwise, without doubt there would have been as great an opposition at least made against it as some other statutes which passed that parliament met with, that the marquis of Winchester, the lords Morley, Stafford, Dudley, Wharton, Rich, North, joined with the earls of Shrewsbury, viscount Mountague, and the prelates, to have stopped. 4. But whereas some were induced to think by the gene rality of the words, that affirm her highness to be supreme governor as well in aU spiritual or ecclesiastical causes as tem pora], as if it had been an usurping upon the sacred function in VII.] UNDER QUEEN ELIZABETH. 153 the interior (as I may say) of the church — properly belonging to them in holy orders — her majesty the same year 'did declare, ' she did not chaUenge any other authority than was chaUenged and lately used by king Henry VIIL and Edward VI. ; which is and was of ancient time due to the imperial crown of this realm; that is, under God, to have the sovereignty and rule over all manner of persons born within these her realms,' &c. And that to be the only sense of the oath she caused to be con firmed the next ^ parliament ; at which time, a synod being held, for avoiding diversity of opinions, and estabhshing of consent touching true rehgion, &c., it did expressly declare, ^they did not give to our princes the ministering either of God's word or the sacraments, ' but that only prerogative is given in holy scripture by God himself, that is, that they should rule aU 130 estates and degrees committed to their charge by God, whether they be ecclesiastical or temporal, and restrain with the civil sword the stubborn and evU-doers,' &c. .And these articles were likewise confirmed by parhament, 13° Ehzabeth, cap. 12, so that no man can doubt this to have been other than an acknowledg ment, what princes had done formerly in all ages might be justly continued ; not an introductory of a new law, but the assertion of the old right of our kings. 5. Another matter of great weight then likewise expedited was, the setthng the public service of the church in one uniform way. King Edward VL, intending such a reformation as might serve for edification, caused certain pious and learned men to meet together, who (as it seems) taking for their pattern the practice of the primitive titnes, casting out of the hturgies then used such particulars as were any way offensive, shewed their scope to be, what they pretended — to reform, not make a new church or service ; and thereupon had, ' by the aid of the Holy .Ghost,' 4 as the act of parhament speaks, concluded on and pub lished the book of Common Prayer, with a form of 'adminis tration of the holy communion, commonly caUed the mass.' But nothing human is perfect at first : this book some few years after received in his time alteration, and the word " mass " — I know ¦ The 'Admonition,' in the Injunc tions of Queen Elizabeth, 1659, [in Card- well's Documentary Annals, Vol. I. p. 200.] 2 Statutes, 50 Eliz. c. 1, [§ 4.] ^ Art. XXXVII. of the Synod of Lon don, 1662. « Statutes, 20 & 3o Edw. VI. c. 1. 154 HOW THE REFORMATION WAS MADE [CHAP. not why more offensive in it than the 'Augustan Confession — expunged, with some other phrases in it. 6. But for the better understanding how queen Elizabeth found this church, it wUl not be amiss to look a little back. Henry VIIL, dying in January, 154|-, leaving the Roman service, with some alterations not greatly considerable in it, the wisdom of the state — ^however intending a farther reformation — was not immediately to abohsh it; so as the lords meeting in parhament, 1547, November the fourth, though they had the mass sung in Enghsh, yet the liturgy of the church was not 131 common in that language till after Easter, 1548. This session, continuing tUl December the twenty-third, restored the com munion in both kinds, upon which certain learned men by appointment met at Windsor, to consider of a decent form for the administration of it ; which in March his majesty gave out, backed with a proclamation, so as at Easter it began, without compulsion of any, to be put in practice ; and after Easter, several parochial churches to celebrate divine service in English, which at Whitsuntide was by command introduced into Paul's ; but hitherto no book of Common Prayer extant, only the manner of administering the holy eucharist somewhat altered. 7. During this while, the archbishop of Canterbury, six bishops, three deans (doctors), and three other only (doctors), were busied in reforming the pubhc hturgy of the church, John Calvin, of Geneva, a person then of high esteem, advertised of it, thereupon wrote to the duke of Somerset, the twenty-second of October, 1548, giving his judgment in these ^ words : Quod ad formulam precum et rituum eeclesiasticorum, valde probo ut certa ilia extet, a qua pastoribus discedere in functione sua non liceat, tam ut consulatur quorundam simplidtati et impe- ritice, quam ut certius ita constet omnium inter se ecclesiarum consensus; postremo etiam ut obviam eatur desultoriae quo rundam levitati qui novationes quasdam affectant. And taking notice of the form already had for celebrating the communion, adds this : Audio redtari isthic in ccence celebratione orationem pro defunctis ; neque vero hoc ad purgatorii papistid appro- 1 De Missa, [p. 30, in the ' Corpus Confessionum,' Genev. 1612] : " Fiunt missas apud nos rite et pie, et geruntur omnia in ecclesia majore cum gravitate ct reverentia, quam olim." [Cf. ' Sylloge Confessionum,' Oxon. 1827, p. 138.] ^ Johan. Calvin, epist. Protectori Angliee; [p. 41, ad calcem Vol. IX. Opp. Amstelodam. 1667.] VII.] UNDER QUEEN ELIZABETH. 155 bationem referri satis scio ; neque etiam me latet proferri posse antiquum ritum mentionis defunctorum fadendce, ut eo modo communio fidelium omnium in unum corpus conjunctorum de- claretur ; sed obstat invictum illud argumentum, nempe coenam Domini [rern] adeo sacrosanctam esse, ut ullis hominum ad- ditamentis cam conspurcare sit nefas. 8. This letter, received about the ^beginning of the par liament, which met the twenty-fourth of November, 1548, may have been the cause of deferring the exhibition of it to the house of commons till the nineteenth of December, 1548 ; when the consideration of it was referred to sir Thomas Smith, his majesty's secretary, a very learned knight, who returned it back again the nineteenth of January, having kept it by him a full month; after which it was expedited and printed in March following, and the sixth of April, 1549, the [Roman] mass by proclamation removed. But this book was not so perfect, as it yielded no exceptions, whether just or not I shall not here ex amine — I know learned men have judged variously — it shaU suffice me to say, it was again revised by Bucer, a great patron of discipline, and Martyr, both in England, and reprinted, 1552, and to aught in or of this second edition, during king Edward's reign, I have not heard any protestant did ever except. 9. In queen Mary's time divers learned men retired from the heat of persecution, and, by the favour of the magistrate, permitted a church, 1554, at Francfort, laboured to retain this liturgy ; whom Knox, Whittingham, and some others opposed so far, as one Haddon, desired to be their pastor, excused himself, and Mr Chambers coming for that end from Zuric, finding it would not be aUowed, retired back again ; and sixteen learned men then at Strasburg — amongst which, this Haddon, Sandys, afterward archbishop of York, Grindal of Canterbury, Christopher Goodman, famous for his book* of obedience — remonstrated unto them, 5 that " by much altering the said book they should seem to condemn the chief authors thereof, now ready with the price 132 ^ Note, the printed book of the ' Statutes' is as if their meeting were the fourth of November ; which I conceive erroneous, as not at all agreeing with the '.Journals.' ^ [The title of this book is : ' How superior powers ought to be obeyed of their subjects; and wherein they may lawfully by God's word be disobeyed and resisted:' Genev. 1568. For the condemnation of it, see Strype's Life of Archbp. Parker, pp. 325, 326; ed. 1711.] = Troubles at Frankford, p. xxii. [cd. 1.576.J 156 HOW THE REFORMATION WAS MADE [CHAP. of their blood to confirm it; should give their adversaries occasion to accuse their doctrine of imperfection, themselves of mutabifity, and the godly to doubt in that truth wherein before they were persuaded ; that if they prevailed in securing the use of it, they would be permitted to join them by the first of February" — their letter bearing date the twenty-third of No vember, 1554. 133 10. But nothing could move them to be like St 'Paul, 'aU things to aU that he might gain some,' or relent any thing of their former rigour ; only a type of it drawn into Latin was sent to Calvin for his judgment, who returned ^an answer the eighteenth of January, 155y, somewhat resembling the Delphic oracles, ' That the book did not contain the purity was to be wished ;' ' that there were in it ineptias, yet tolerabiles ;' ' that as he would not have them be ultra modum rigidos, so he did admonish others, ne sibi in sua inscitia nimis placeant,' ^c. And here I cannot deny to have sometime wondered, why in these disputes the opinion of Peter Martyr, then at Strasburg, a person for learning no less eminent, was never required : but I have since heard him to have been always a professed patron of it, as one by whose care and privity it had been reformed. 11. Whilst matters went thus in Germany, certain learned men at Geneva were composing a form for the use of the English church there, which, 1556, was printed by Crispin, with this title. Ratio et forma publice orandi Deum atque. administr audi Sacramenta, SfC. in Anglorum eccledam, quae Genevae colligitur, recepta, cum judicio et comprobatione D. Johannis Calvini. But this did not satisfy all, for ^Mr Lever, coming to Francfort to be their minister, requested they would trust him to use such an order as should be godly, yet without any respect to the book of Geneva, or any other. But his endeavours were soon rejected, as not fit for a right reformed church, and the book itself hath received since sundry changes from that first type. 12. In this posture queen Ehzabeth found the church, the protestant party, abroad opposing the book of Common Prayer, few, varying in judgment, not at unity with themselves, nor well 1 1 Corinth, ix. 22. I ford, [ubi supra, p. 98.J , = Johan. Calvin. Epist. Anglis Franc- | ' [Troubles at Frankford, p. xxviii.] VII.] UNDER QUEEN ELIZABETH. 157 agreeing what they would submit unto. She hereupon caused it to be again revised by certain moderate and learned men, who took a great care for removing aU things reaUy hable to ex- 134 ception ; and therefore where Henry VIII. had caused to be inserted into the htany, to be delivered ' from the tyranny of the bishop of Rome and aU his detestable enormities,' which remained all king Edward's time — this, as what might give offence to that party, was thought fit to be struck out. And where, in the dehvery of the eucharist, the first book of Edward VI. had only this clause, *' The body of our Lord Jesus Christ, which was given for thee, preserve thy body and soul unto ever lasting hfe ;' and, at the giving of the cup, no other than ' The blood of our Lord Jesus Christ, which was shed for thee, pre serve thy body and soul unto everlasting life ' — and the second book, which was in force at his death, had removed those two clauses, and instead of them inserted, ' Take and eat this in re membrance that Christ died for thee, and feed on him in thy heart by faith with thanksgiving,' and accordingly, at the delivery of the cup ; from whence some might and perhaps did infer the faithful receiver not to have a real communication of Christ's body in taking the sacrament, but only a remembrance of his sufferings — it was now thought fit both expressions should be retained, that no man might have any just cause of scandal : for be Christ's presence never so real, even by transubstantiation, in the holy sacrament, we may upon ^St Paul's warrant do it in remembrance of him. Thus at the first of her reign matters in religion passed with so great moderation, as it is not to be denied very few, or none, of the Romish inclination (if they did at any time go to mass) refused to be present in our churches during the time of divine service. But of another thing, that hkewise passed at the same time, it wiU be necessary to make some more particular mention. ¦• [See ' The Two Liturgies of K. i ford, 1841.] Edw. VI. compared,' pp. 303, 308 ; Ox- | M Cor. xi. 25. 135 CHAPTER VIII. HOW QUEEN ELIZABETH SETTLED IN THIS KINGDOM THE PROCEEDING AGAINST HERETICS. ANOTHER particular, no smaU argument of the queen's disposition, fell into consideration this parliament. Her 'sister had revived all the laws of former princes against heretics, even that ^of Henry IV., which her father had on weighty con siderations repealed — and all proceedings against them, tiU they came to their very execution, pertaining to the ecclesiastic — how to find a means to preserve her subjects, and yet not leave a hcence to every old heresy, new invention, fanatic spirit, to ruffle the church, and trouble the world, was a matter of no small difficulty. But for the better understanding of what then passed, it will be requisite to consider how the condemning of heresy and proceeding against heretics hath been, both here and elsewhere; how her majesty found it abroad in the christian world ; and at home, how thereupon she settled it. 2. The words "heresy" and "heretic" were in the primi tive church not always of so Ul a sound as these latter ages have made them. ^St Augustine doth name some opinions for heretical, have small affinity with divinity ; and who shaU read *Philastrius of heresies, must needs approve ^cardinal Bellarmine's censure of him, that he accounts amongst them many are not properly heresies, as the word is now taken. The first council • *of Constantinople, held 381, expressly afiirms by the name of heretic to understand such as professing the same faith, yet did 136 make a separation from those canonical bishops were of their communion. But the construction what opinion was heretical, 1 Statutes, lo & 20 Phil. & Mary. c. 6. ^ Statutes, 20 Hen. IV. u. 15, repealed 250 Hen. VIII. c. 14. ^ De Hffiresibus, c. 63, [Opp. Tom. VL p. 17.] " Lib. de Hieresibus, c. 54, c. 82, in Bibliotheca Vet. Patrum, Tom. IV. [col. 27, col. 41 ; ed. Paris. 1624.] ^ De Scriptoribus, [p. 126 ; ed. Lug dun. 1663.] 6 Can. VI. [Labbe, Tom. II. 949, B.] HOW QUEEN ELIZABETH SETTLED, &c. 159 did ever, so far as I have observed, belong to the spiritual magistrate, who, after the pattern held out in ''holy writ, if any new erroneous opinion did peep, the neighbour bishops and clergy taking notice of it, did assemble, condemn it, and by their letters gave notice of what had passed them to absent churches : if the case were difficult, the presence of any famous clerk was desired, who for settling peace (as who would not ?) was easUy, drawn out of his own home ; so was ^Origen sent for into Arabia. And that this form continued in condemning heresy till Constantine, seems to be very plain by the ^proceedings against Paulus Samosatenus and divers others, remaining yet in history and the writings of the fathers. But for the prosecution of an '"heretic farther than to avoid him, I know no example, till after God having given peace to his people under christian emperors, they "finding, if the church were in trouble, the state to be sel dom otherwise, did provide as weU for the calling of bishops to councils that might condemn heresies, as by laws to punish heretics. 3. ' The council of Nice therefore having, in the year 325, censured the opinions of Arius for heretical, the emperor, that had formerly granted privileges to Christians, 326, declared ^^hcereticos atque schismaticos his privilegiis alienos, Sfc; and that no man might be deceived by the ambiguity of the word "heretic," '^Gratian and Theodosius, in the year 380, did declare who only were to be so reputed, viz. aU who, secundum apostoli cam disciplinam evangelicamque doctrinsim, Patris et Filii et Spiritus Sancti unam Deitatem sub parili majestate et sub pia Trinitate credamus : hanc legem sequentes, Christianorum catholicorum nomen jubemus amplecti; reliquos vero dementes vesanosque judicantes hceretici dogmatis infamiam sustinere: and the year fohowing did not only in January i*renew the said 137 edict, but in July '^ commanded aU churches to be dehvered those ' Acts XV. « Euseb. Hist. Eccl. Lib. vi. c. 37. " Ibid. Lib. VII. c. 27, et inter alia .;. 30. i» [Vid. Euseb. Lib. iv. c. 24.] 11 Ibid. Lib. X. c. 6, [pp. 718—722] : Socrat. Hist. Eccl. in Procemio Lib. v. [p. 269, b] : Vid. Epist. Theodosii ad Cyrillum, apud Baronium, Tom. V. ad an. 430, Ixiv.— Ixvii. 1=1 Codex Theodosian. Lib. xvi. de Hffireticis, § 1, [Tom. VI. p. 110, ed. Gothofred.] : Vid. Euseb. de Vita Con stantini, Lib. III. c. 63, c. 64. " Codex Theodosian. Lib. xvi. de Fide Catholica, § 2. ¦» Codex Theodos. de Hcereticis, § 6. 's Ibid, de Fide Cathol. § 3. 160 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. bishops who held that profession, nihil dissonum prof arm divi- sione fadentes, sed Trinitatis ordinem, Personarum adsertio- nem, et Divinitatis unitatem, SfC. : and for the more assurance, as a mark of their being orthodox, 'did hold communion with the cathohc bishops of any one seat there remembered, as Damasus of Rome, Nectarius of Constantinople, Pelagius of Laodicea, Diodorus of Tarsus, Optimus of Antioch, &c. : omnes autem qui ab eorum quos commemoratio spedalis expressit fid^ commu- nicmis dissentiunt, ut m,anifestos hcereticos, ab ecclesiis expelli. Which note ^Justinian likewise, in the year 541, having pre scribed, goes farther, that sacram communionem in catholica ecclesia non perdpientes a Deo amabilibus sacerdotibus, hcere ticos juste vocamus. 4. Before these laws, it is not to be wondered if every one desired to be joined in communion with some one of those seats, whose bishops were so recommended for conserving the apostohc faith, for the sanctity of their manners, and for keeping schism out of the church ; which being usually joined with sedition in the commonwealth, ^princes seem to have an especial eye how it might be avoided, but after these edicts they certainly did it much more : and there being in the world no bishop more famous than the Roman, nor any other named in these parts of Europe than he, every one endeavoured to live united to that church, whose form the council of Nice, 325 — for before that, ^ad Romanam ecclesiam parvus habebatur respectus, as Pius Secundus writes — approving in distribution of the ecclesiastic government, and emperors now in point of behef, the Roman chair became so eminent, as, for to shew themselves orthodox, many (especially of the Latins) did hold it enough to live in the communion of that see, and the fathers in that age to give high 138 expressions of being in union with it. *St Ambrose, shewing the devotion of his brother Satyrus in a tempest, adds yet farther as a mark of it, Advocavit ad se episcopum . . . percontatusque ex eo est utrumnam cum episcopis catholicis, hoc est cum Romana ecclesia, conveniret : and * St Hierome, a person very superlative 1 Ibid. §§ 2, 3 ; et ' Dehis, qui super religione contendunt,' § 6. ^ Novell. Constit. cix. in Praefat. ' Codex Theodos. Lib. xvi. ' De his, qui super religione contendunt,' § 6, § 3. ¦• TEneas Sylvius, [Pius Pontif.], Epist. cclxxxviii. [Opp. Basil, p. 802, D.] * S. Ambros. de Excessu Fratris sui, [Lib. I. c.47 : Opp. Tom. II. col. 1127.] ^ S. Hieronym. ad Damasum, [Opp. Tom. II. p. 131.] Vill.] KINGDOM THE PROCEEDING AGAINST HERETICS. 161 in praising and reprehending, writing about the same time to Damasus, Ego nullum primum nisi Christum sequens, beatitu- dini tuce, id est cathedrae Petri communions consodor, SfC. : and, in the year 602, a certain bishop, returning out of schism spontanea voluntate, did swear, ^he semper in unitate sanctce eccledce catholicce, et communione Romani pontificis per omnia permansurum, SfC. All which in time bred an opinion, that chair could not entertain an error, and the beginning of the mark ab solutely inverted ; for those men who at first were, as others, sought unto ^because they did conserve the rehgion St Peter had planted in Rome, must in after ages be only held to maintain the same doctrine because they are in that see ; so that the doctrine did not commend the person, but the being in that seat, and recommended from thence, be it what it wUl, it ought to be re ceived: insomuch as ^cardinal Bellarmine doubts not to write. Si papa erraret prcecipiendo vitia vel prohibendo virtutes, teneretur eccleda credere vitia esse bona et virtutes malas, nisi vellet contra consdentiam peccare — for which he was '"after ward forced to an apology ; yet is not in my opinion so absurd as the "rule left by certain rehgious persons, 1606, to their confi dants at Padua, containing ut ipsi ecclesice catholicce (under standing the pope) omnino unanimes conformesque simus : si, quod oculis nostris apparet album, nigrum ilia esse definierit, debemus itidem quod nigrum sit pronuntiare. 5. But to return whence I have a httle digressed : it be ing plain by these laws, the emperors restrained points of heresy to the catholic doctrine of the Father, Son, and Holy Ghost, the 139 ground of the four first general councUs ; and others not to be esteemed heretics : in which sense I conceive sundry of the ancients take the word ; as "^ St Hierome, when he says, ' all heretics leave God ;' and Socrates, when he agrees such as '^ con demned Origen, ' finding not to blame his opinion of the holy ' S. Gregor. Epist. Lib. x. c. 31 : Indict. V. ' Codex Theodosian. Lib. xvi. de Fide Cathol. § 2. s De Romano Pontifice, Lib. iv. c. 5. $ ' Quod autem.' 1° Recognitio Libr. de Summo Pontif. p. 2, F, [prefixed to the ' Disputations.'] " Regul. xiii. [The rule in ques- [twysden.] tion is taken verbatim from the 'Ex- ercitia' of Ignatius Loyola. Vid. Ex- ercit. Spirit. Reg. ut cum Oithod. Eccl. xiii.] 1- S. Hieronym. in Hieremiam, c. xix. [Opp. Tom. V. p. 310, c] 1-1 Trfz/ op6j]i; ehae^eiav. Socrat. Hist. Eccl. Lib. VI. c. 13. 11 162 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. Trinity, must confess he held the right faith :' and 'Leo the first, when in an epistle about 449, he exhorts the emperor Theodo sius to consider the glory of St Peter, the crowns of the apostles, cunctorumque martyrum palmas, quibus alia non fuit causa patiendi, nisi confessio verce divinitatis et verce humanitatis in Christo, doth intimate the true faith to be contained in that profession. After these restrictions in the declaration of heresy, it is hkely divers sects grew very audacious, either conceiving themselves without the compass of law, or trusting in their friends and numbers ; insomuch as Arcadius, Theodosius, and Valentinian, in the year 395, were forced to declare, '^Haeretico- rum vocabulo continentur, et latis adversus eos sanctionibus debent subcumbere, qui vel levi argumento judicio catholica' religionis et tramite detecti fuerint deviare : which ^St Augus tine explains, eos utique appellant luereticos, qui non sunt com- munionis eorum, as the * council of Constantinople had before, taking the word in a larger sense than others had done. Upon which the Donatists, that were the most ^furious, so as neither the persons nor goods of catholics that dwelt amongst them were safe, are more ^severely censured in them than others, whose opinions were certainly more dangerous, yet whom emperors did think worthy of greater favour. 6. But whilst princes did thus by their laws only correct heretics, and the temporal magistrate execute their commands, 140 they did rarely think fit to proceed 'to blood, unless perhaps 1 [Leo, ep. xxiv.] [Opp. p. 114, col. 2, ed. 1639.] ^ Codex Theodos. Lib. xvi. de Hae- reticis, § 28. ' S. Augustin. in Psalm. Ivii. [Opp. Tom. VIII. p. 395, E.] " [Can. VI.] [Vid. Labbe, Tom. II. 950, li.] ' Codex Theodos. ubi supra, § 38. Vid. S. Augustin. Epist. Ixviii. [Opp. Tom. II. p. 209] : Contra Literas Pe- tiliani, Lib. ii. c.83, [Tom. VII. p. 91.] 1 Codex Theodos. ubi supra, §§ 37, 38, 39, 40, 52, 54, 65. ' I cannot but with the learned We- sembechius, [pp. 15 et seqq. ed. Basil. 1590] in Codic. Justiniani, Lib. i. Tit. V. de Hffireticis, understand these words ' ManichffiDS de civitatibus pellendis et ultimo supplicio tradendis,' not to be meant of taking away their lives ; though I am not ignorant that Celsus, the law yer, so interprets uUimum supplicium. [The reference appears to be to a treiitise ' de Hsereticis capitali supplicio non sti- ficiendis,' ed. 1584, fol. 129, etc. : the author calls himself Minus Celsus Senen- sis, but is supposed to have been Faustus Socinus. See Placcius, de Scriptis Pseu- donymis, p. 176.] For to what use were the banishing them the city, if they were to be instantly executed ? And that law being taken out of the Codex Theodos. de Ha^reticis, § 65, where those words are altogether omitted, I conceive Justinian intended by them no other but those capitales pcence, that were morti proxivits^ as metalli coerciiio, in insulam, deporta- VIIL] KINGDOM THE PROCEEDING AGAINST HERETICS. 163 ^against some seditious preacher; and the holy men of those times used earnest persuasions to deter any inchned to that severity, as not esteeming it to agree with the entire charity of a Christian. St Augustine, whose labours no man equalled to preserve the church from tljat contagion, when Donatus the pro consul of Africa went farther than that holy man liked in that kind, ^professeth he had rather be himself slain by them, than by detecting the Donatists be any cause they should under go the punishment of death. St Prosper '"remembers four bishops to have been excommunicated, 392, for being accusers of Priscillian — the first I have read of had his opinions confuted not by the word, but the sword. From whence "Baronius conceives it proceeds, that such as dehver an heretic to the secular for execution, to this day, effectuaUy intercede he may not be pun ished with death ; yet, as it were to mock God and delude the world, if the lay having him in his power, shall defer the doing it more than ordinary, '^it is the constant tenet of the canonists, relying on a bull of Alexander IV., 1260, he is to be compelled unto it by spiritual censures, yet may not take any cognizance of the cause at all. 7. It being then the course in the primitive times, that in the prpceeding against heretics, the ecclesiastic did conclude 141 what '^tenets were heresy, and the temporal whether the party tio, etc. De Prenis, § 28. The like may serve for answer to tho.se other rescripts in Cod. Theodos. de Hsereticis, § 9, § 36. It is manifest by many places of S. Au gustine, as ' Contra Literas Petiliani, Lib. II. c. 86, [Opp. Tom. VII. p. 93], that there was no law during his time against the life of a heretic ; and Bel larmine himself confesseth as much, de Laicis, c. 20, [in Disputation. Tom. IL p. 388, A.] But however the matter is not great, being only against particular heretics, whose deportment may be thought to have been seditious, as well as their conscience erroneous. = Codex Justinian. Lib. i. de Hxrc- ticis, § 8. " S. Augustin. Epist. cxxvii. [Opp. Tom. II. p. 413] : Retractationes, Lib. II. c. 5, [Tom. I. p. 28.] '" Prosper, Chronicon, A.D. .392. [In the editions of Prosper, which have been examined, only twobishopsare mentioned, Ithacius and Ursacius. The death of Priscillian was petitioned against by St Martin and many other bishops. See Bingham, Book ii. chap. iv. Sect, iv.] '1 Baron. Annal. Tom. IV. ad an. 386, xxiii.: Vid. Joan, a Royas [seu Joan, de Rojas] Singularia [Juris in fa vorem Fidei], Sing. cvii. § 6 : [Eymeric] Directorium Inquisitorum, Part. ii. c. xxvii. p. 124, col. i. c : Part. in. Qua!st. cii. p. 648, col. i. E : Formulas, etc. ad finem Praxis Judiciaris Inquisit. pp. 524, 62B. I'' Directorium Inquisitorum, Part. iii. Quffist. xxxvi. : Francis. Pegna, Com ment. Lxxxv. Part. in. p. 663, col. 2, D : Joan, de Rojas, Singul. cvii. § 2 : [de Ha^reticis], Part. ii. § 460. 13 Statutes, 20 Hen. V. Stat. i. c. 7. Here I cannot but observe, Possidius, de Vila Augustini, u. 18, [Opp. August. 11—2 164 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. accused were guilty of the imputation, and likewise of his punish ment — as is manifest by imperial constitutions, the writings of the ancient doctors, the custom of the cathohc church, that never prayed against heretics, but heresy — did so remain at least eight hundred years after Christ : but about that time the division of the empire fahing out, and episcopal consistories estabhshed through Europe, bishops did begin to claim as matters eccle siastical, and only proper for their courts, the acting in those causes — which in some sort might be, so far as the determination what is heresy did extend. And about the year 1000, the christian world — as branches not bearing fruit in Christ, and therefore to be cast into the fire, John xv. 6 — began to take that way of punishing miscreants ; so in ' Italy ^and France, jussu regis et universce plebis consensu, some were thus destroy ed : and, in imitation of emperors, who had by their edicts pro hibited all compliance with heresy ^so far as to punish any lending for that end places to resort unto, * Alexander IIL, 1163, in a council held at Tours, and in another at Rome, 1179, making very strict canons against heretics, declared, eos et de- fensores eorum et receptatores anathemati decernimus subjacere ; et sub anatJiemate prohibemus ne quis ipsos in domo vel in terra sua tenere vel fovere, aut negotiationem cum eis exercere p)rcesu- mat. Of which the latter, being ^registered in the canon law, is the first ecclesiastic constitution in it I have observed to con demn rather heretics than heresy. Soon after which ^publicani 142 comburebantur in pluribus locis per regnum Frandae, quod Tom. I. p. 605], noting the manner used then in the catholic church in the con demnation of heretics, comformable to what is here specified, adds, et hoc tale de illis ecclesice Dei catholicce prolatum judicium,, etiam piissimus imperator Honorius audiens ac sequens, suis eos legibus damnatos, inter hcereticos haberi debere constituit — against which some had added in the margin, Ccesar pro- nuntiat hcereticos ; but that shewing too apparent the custom of those times might perhaps, when the place itself was not, be regarded. The inquisitors, therefore, of Spain in their Index at Madrid, 1612, [Index Librorum Expurgatorum, Mad- riti, 1612 ; p. 24, col. 2J, appoint it to be blotted out. But this edict against the Pelagians, of whom that father speaks, is not now found either in the Codex of Theodosius or of Justinian. But see Baron. Tom. V. ad an. 419, Ivii. Iviii. 1 Baron. Tom. X. ad an. 1000, iv. "" Ibid. Tom. XI. ad an. 1017, iv. = Cod. Theodos. Lib. xvi. de Ha;ret. §§ 12, 21, 34, 36, et al. < R. de Hoveden, a.d. 1163, p. 492, 1. 36; p. 586, 1. 61, etc.: apud Neu- brigens. Rerum Anglicarum Lib. ii. c. 16, [p. 393.) ^ [Decret. Greg. IX. Lib. v.], de Haereticis, c. 8. « R. de Hoveden, a.d. 1182, p. 618, 1. 30. VIIL] KINGDOM THE PROCEEDING AGAINST HERETICS. 165 rex- Anglice nullo modo permisit in terra sua, licet ibi essent perplurimi. 8. Yet the pious men of those times seem not to approve of this rigour. St Bernard, one of the most devout persons of that age — vir plane apostolicus, says 'BeUarmine- — following the doctrine of one much more apostohc, » explaining Cantic. u. 15, ' Take us the httle foxes that spoU the vines,' writes : Si juxta allegoriam ecclesias vineas, vulpes hcereses, vel potius hcereticos ipsos intelligamus, simplex est sensus, ut hceretici capiantur potius quam effugentur. Capiantur dico, non armis, sed ar- gumentis, quibus refellantur errores eorum, ipsi vero d fieri potest recondlientur catholicce, revocentur ad veram fidem .... . . . hoc denique velle se perhibet, qui non simplidter ' capite vulpes,' sed 'capite nobis,' inquit, 'vulpes parvulas.' Sibi ergo et sponsce suce, id est catholicce, jubet acquiri has vulpes, cum ait capite eas nobis : and a httle after : Quod si hcereticus reverti noluerit, nee convictus post primam jam et secundam admonitionem erit [secundum apostolum] devitandus. Thus the holy men of the age in which they stopped first men's mouths, not with arguments but arms, did judge of it : and in deed we have not many examples of any suffered merely for conscience, tiU after 1216. 9. In which year, as some write, Innocentius IIL, 'on the ignorance or remissness of bishops in prosecution of heretics, did give beginning to the '"erection of a new court, called since the Inquisition : of whose institution and use, because it hath highly served to the raising the papacy, it will be necessary to say something. He therefore at that time appointing Dominicus, a Spaniard, founder of the Dominican order, by a commission delegated from him, his inquisitor against the Albigenses in France, (without abrogating the power of episcopacy in that kind) gave to him, only a private friar, such a power, as caused divers of them to be destroyed by that authority in another prince's dominions. Though such as "I have seen do conclude 143 7 De Scriptoribus Eccl. [p. 290, ed. Lugdun. 1663.] » S. Bernard, super Cantica, Serm. Lxiv. Opp. col. 758, D. " Ludovicus a Paramo, de Origine et Progressu S. Inquisitionis, Lib. ii. Tit. I. c. 1, §§ 2,3, [p. 89,ed. Madriti,1598]: J. Simanca, de Catholicis Institutionibus, [inter ' Tractatus lUustrium Juriscon- sultorum di Criminalibus Inquisitionis,' Tom. XI. Part. ii. ed. Venet. 1584], Tit. xxv. 5 4, [fol. 160, b]. 1" Paramo, de Origine Inquisitionis, ubi supra. 11 Franciscus Pegna, Ludovicus a Paramo, [ubi supra] ; Famianus Strada, 166 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. the authority he exercised to have been from Innocentius III. ; yet of the time when it was granted they do somewhat disagree. Franciscus Pegna, a Spanish doctor, who pubhshed his anno tations on the Directorium Inquisitorum at Rome, 1585 — yet it seems 'could not secure himself from them — ^jjoijjs ;t to have been first committed unto him about 1200 ; on the other side. Paramo of the same nation, that was himself an inquisitor in Sicily, and expressly writes of that subject, is ^clearly of an opinion it could not be before the conclusion of the councU of Lateran ; and for proof gives, in my judgment, a very probable reason, viz. that no papal decretal, or history preceding, did ever name any such inquisitor, that very * council when it treats of heresy speaks of no other judge than the bishop : now it ending about Easter, 1216 (*as I shaU shew hereafter), if granted by Innocentius, it must be at some time between March and the sixteenth of July, 1216, when that ^pope died. Yet I cannot omit that ^Camillus Campegius, in his Additions to Zanchinus, speaks as if, after that council, friar Dominic had not his authority from the papacy immediately, but from one Bertram or Bertrand, a cardinal priest : but who that Bertram was, I confess I have not been able to satisfy myself ^Ciaconius remembers one of the name employed against the Albigenses, promoted to that honour by Innocentius III., 1212 ; but he styles him only a cardinal deacon, as he hath another so caUed that was a priest ; but he was no cardinal, till Honorius IIL, in December, 1216, preferred him to the honour, so was not capable of serving pope Innocent in that degree. 10. But whosoever first began it, Frederic II. certainly 114 much augmented their power, ^publishing the twenty-second of de Bello Belgico, [Decas i.]. Lib. ii.p. 41 ; ed. Rom. 1640. 1 Lettres du Cardinal D'Ossat, lix. [p. 162.] '^ In Director. Inquisit. Part. in. Comment, xxxii. p. 461, col. I, a. ^ De Origine Inquisit. Lib. ii. Tit. I. c. I, § 13 ; c. 2, § 3. ¦* Concil. Lateranens. iv. c. 6, 7, 8. [Labbe, Tom. XI. Part. i. 153, et seqq.] ' Cap. viii. § 36. * [Chronicon Abbatis] Urspergensis, p. cccxxxiii. [ed. Argentorati, 1540] : "Obiit apud Perusium, 16 Kal. August. 1216." ' [Additionesad Zanchinum,de Ha;. reticis, t. xx. ; inter ' Tractatus de Cri minalibus Inquisit. Tom. XI. Part. n. fol. 255, b] : " Concilio absoluto, Ber nardus presbyter cardinalis ipsimi lega tionis officium obtinuit, qui prajdecesso- rum exemplo B. Dominicum inquisito- rem similiter instituit." " Alphonsus Ciaconius, Vit. Pontif. Roman, p. 660, col. 1 ; p. 663, col. 1 ; ed. Rom. 1630. '¦' Vid. Bull. Innocent. IV. dat. xi. Kalend. Junii, Pontif. anno 11", 1254: VIII] KINGDOM THE PROCEEDING AGAINST HERETICS. 167 February, 1224, three laws at Padua, by which he did con stitute the Dominicans inquisitors through the empire, yet taking aU others under his protection ; and appointing such as should be convict of heresy, ut vivi in conspectu hominum combu- rantur, flammarum commissi judicio, SfC. That these edicts were published at the only instance of Honorius III. is very probable, in that they are not any way '"recorded but in papal bulls quoad verba, (as I shaU shew hereafter). After which, several persons in divers parts proceeded agamst them by com mission from Rome ; so as the bishop, who was the ordinary detector of heresy, had little to do, and became daily to have less and less ; that although his power be not in those cases absolutely taken off, yet is so impaired, as it gives place to the inquisitor ; insomuch as if one suspected of heresy be cited by him and the bishop "at the same time, his appearance must first be in the Inquisition : and the reason given is, because they have a power by a delegated commission from the pope, '^ whereas to the other jure divino hcec cura incumbit in hcereticos inquirere ; and '^Simanca yet more plain: Cum episcopi non habeant se- cretum carcerem, nee ministros idoneos ad procedendum adversus hcereticos, non possunt servare ordinem ilium qui praefinitus est inquisitoribus; quam ob rem usque eo tantum procedere debent, ut in hcereticos vel suspectos inquirant, et summariam probationem inquisitoribus secreto mittere debent. So that what power the bishop hath in this kind from Christ, he is now become little other than agent or substitute to the in quisitor in point of heresy. 11. But these commissioners exercising their authority with fire, tortures, and the like, in short time*found themselves infinitely mistaken, in expectmg by such violence to render that peace in the church, and obedience in the world, the primitive fathers by the truth of their dictates, evidence of reason, and piety of their hves, drew men unto : for in some places they 145 inter Literas Apostolicas pro officio S. Inquisitionis, ad calc. Director. Inquisi tor, ed. Francis. Pegna, pp. 13 — 16 : Alexandri IV. ibid. p. 27, etc. : Cle ment. IV. ibid. p. 47, etc. 1° Liber Sextus Drecretal. Lib. v. de Haereticis, t. 18; Gloss, ad ' Leges quas dam.' 11 Paramo, de Potestate delegata In quisit. Lib. III. Quast. 2, § 109, p. 536, col. 1, [ed. Madriti, 1598.] 12 Paramo, de Origine Inquisit. Idb. II. Tit. ii. c. 2, § 11. '¦' De Catholicis Institution. Tit. xxv, §5. 168 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. were 'expeUed by the people's fury, hardly any where continued but by strong hand ; their carriage being so full of scandal, as Clement V., in the council of Vienne, could not but acknowledge they had so exceeded the power committed to them by the apostolic see, ^ut quod in augmentum jidei per circumspeotam ejusdem sedis vigilantiam salubriter est provisum, {dum sub pietatis specie gravantur innoxii)' cedat in fidelium detrimen tum. For these men took upon them under the pope, not only to construe what was heresy, or complying with it, but on those imputations to imprison, fine, confiscate men's goods, to the de struction of honest people and famihes ; which forced some states ^to hmit their proceedings, bar them of prisons proper to them selves, and the wise Venetian appoint three senators to supervise their actions : insomuch as this delegated power did so decline, as notwithstanding the many constitutions of Innocentius IV., Alexander IV., and several other popes yet extant for regulating of it, out of Italy it was little taken notice of ; *in Spain it remained obscurum dsbilitatumque, till Ferdinand and Isabella, 1479, by agreement with Sixtus IV., or, ^as others, 1484, with Innocentius VIIL, did so renew it, as ^Simanca doubts not to write, they did introduce it into that kingdom — which I conceive to be in respect of the alterations in the proceedings now used to those were formerly ; for that tribunal — in preceding times committed from the papacy to friars regulars (who most depended on Eome), and therefore said to be the pope's court — is since by this concord become in effect no other than the king's, being recommended to the care of clerks secular and lawyers, the Dominicans who formerly governed it altogether excluded, unless where the inquisitors require their counsel. 12. The style or manner [of this court] there used being. ' Vid. Additiones ad Lambertum Schafnaburgensem, a.d. 1232, [Tom. I. p. 267, apud 'Annales lUustr. Veter. Scriptor. de Rebus Germanicis,'ed. Fran cofurt. 1613] : Johan. Trithemius, Chro nic. Hirsaugiens. a. d. 1214, [p. 171 ; ed. Francofurt. 1601] : Mat. Paris, A. D. 1236, p 429, 1. 13, etc.; a.d. 1238, p. 482, 1. 12, etc. : Monster, Cosmographia Universalis, Lib. ni. p. 477; [ed. Basil. 1550.] - Constit, ('Icment. V. I/ib. v. de Hcereticis, c. 1. ^ Vid. Istoria di Giovanni Villani, Lib. xn. c. 57, [p. 865, in Fiorenza, 1587.] * Paramo, de Origine Inquisit. Lib. n. Tit. ii. c. 2, § 13; c. 3, §5. '• Francisc. Pegna, in Director. In quisitor. Part. in. Comment, xxxii. p. 460, col. 1, D. 1 De Catholicis Instit. Tit. xxxiv. ij 5, [fol. 164, a]. Vid. Pegna, ubi supra. VIIL] KINGDOM THE PROCEEDING AGAINST HERETICS. 169 that his majesty ^ names an inquisitor-general, whom the pope 146 approves, and after is not at all admitted to interpose ; for that inquisitor nominates a councU, of which himself is president, for number and persons as the king likes — as sometimes five, to which Phihp II. added two more, and these be of the gravest divines of Spain, ever residing at or near the court, who com pose all differences arising in particular courts, receive all appeals, punish the defects of agents — and relates to none but the king. Of this councU, as I said, the inquisitor-general is president, whose authority is very ample ; for he nominates all provincial inquisitors and their officers (who yet enter not on their charges but by the king's aUowance), whom on occasion he removes and punishes, releases all penances, appoints visitors over particular courts, and though he be directed by the rule of the canon law and papal bulls, yet on occasion varies from them — as is manifest by ^ these instructions, Relinquendum est arbitrio et prudentice inquisitorum, ut procedant juxta juris dispositionem in his, quce hie non expresse declarantur — is answerable to none but the king, admitting the pope either very little or not at all: insomuch as ^Pius IV., 1565, sending the cardinal Buoncompagno into Spain, upon the cause of the arch bishop of Toledo, committed by the Inquisition there six years before on an imputation of heresy, the king's counsel liked not he should alone examine that prelate, without joining two Spaniards both in the process and sentence. Neither did that state receive the council of Trent, 1564, by other authority than the king's only, who, by his edict of the twelfth of July, commanded the cardinals and others of his clergy to observe it, without making any mention of the pope. So that in that kingdom this cathohc prince doth not take on him much less over ecclesiastic courts and causes than the king of England, however he do not style himself head of the church. And 147 therefore '"Simanca speaking of this Inquisition, plainly says, Ferdinand and IsabeUa judicii ordinem, quo etiam hodie utimur, magna ex parte instituerunt. Insomuch as if wo ' Vid. Paramo, de Origine Inquisit. Lib. II. Tit. ii. c. 4, per totum : Simanca, de Cathol. Instit. Tit. xxxiv. §§ 6, 7- * Instruct. Hispalens. t. 28, ut citatur a Paramo, ubi supra, § 4. " Adriani, [Istoria de' suoi Tempi], Lib. XIX. p. 1341, etc. ; Lib. xviii. p. 1237: lUescas [Gongalo de] Historia Pontifical y Catholica, segunda parte, pp. 739, et seqq. [en Madrid, 1613.] '" De Cathol. Instit. Tit xxxiv. § 5. 170 :how queen Elizabeth settled in this [Chap. meet it at any time termed the pope's court there, it is, no question, but a nominal appellation, of that is neither subject to his rules, nor to follow his commands, but as another will. 13. But this court in Spain, and other places conforming themselves much to the papal interest, is become very infamous, things being carried in it, as we read in 'M. de Thou's exceUent history, praepostera judidorum forma, contra naturalem aequi- tatem, et omnem legitimum ordinem [in jurisdictions ilia explicanda] . . . tum etiam immanitas tormentorum, quibus ple- rumque contra veritatem, quicquid delegatis judicibus libebat, a miseris et innocentibus reis, ut se crudatibus eximerent, [per vim] extorquebatur. [And ^another gives the reasons why the Flemish would not endm'e it to be amongst them, parce que la dite Inquisition a des rigueurs de vraye injustice, sous pretexte de justice, et encores parce qu'en Vinquisition la vie, Vhonneur et les Mens de toutes personnes, mesmes des plus grandes, sont d la mercy de moines inquisiteursl. As indeed the directions popes have set them, do not agree I thinlc with the practice of any standing court of justice the world ever saw : as that of ^Innocentius IV. and *Pius IV., that no man shall know the names either of his accuser or that testifies against him, which ^Camillus Campegius wiU not have communicated to those learned men the inquisitors shall call to their assistance in judgment. Another ^of Pius V., that no declaratory or definitive sentence in favour of the accused, though after a canonical purgation, posse facere transitum in rem judicatam, but that they may again proceed tam de antiquis quam noviter [etiam] super eisdem articulis : which in effect is no other, but that a man once accused before them can never be freed. Of a third of the '^sanie pope, that whosoever should strike or terrify any belonging to the said office (even a notary or servant), should 148 assist any to escape, embezzle any writings of that court, besides 1 Thuani Hist. Lib. in. p. 81, E; A.D. 1647. ' [Guy Coquille, en ' Traitez des Droits de I'Eglise Gallicane,' p. 435; ed. 1639.] '¦' Apud Eymeric. Director. Inquisit. Part. n. p. 136. ' Bulla Pii IV. dat. 1 Nov. 1561, [inter Liter. Apostol. pro Inquisitione, ad calc. Director. Inquisit. p. 126.] ^ " Constanter asserere audeo, quod nee ipsis peritis totus processus integra- liter cum nominibus et circumstantiis publicandus est." Additiones ad Zan- chinum, c. xiv. fol. 248, b. « Bulla Pii V. dat. 12 Kalend. Jan. 1566, ubi supra, p. 132. ' Bulla Pii V. dat. Kalend. April. ibid. pp. 135, 136. VIIL] KINGDOM THE PROCEEDING AGAINST HERETICS- 171 the being by that buU declared anathema, should be guUty of treason, and suffer according as men found culpable primo capite dictce legis, their chUdren subject to the paternal infamy, to be not only incapable of succeeding in the father's inheritance, but of receiving any legacy from friend or stranger, or attaining any place of dignity whatsoever ; and others of the like nature. [It shall suffice their power and practice is so excessive, so scandalous, as Franciscus Pegna, who writ in Rome, 1584, to direct and justify the proceedings of the said court, says plainly : ^Si inquidtores vellent potestates suce omne imperium exercere facile ad seditionem cunctos commoveret.J 14. Certain it wUl not be easy (at least to my under standing) to prove these proceedings of a court christian to agree with those rules and examples Christ himself hath left us in holy scripture : but the pursuing these maxims, and the like, hath brought a great obloquy upon it, so as it is held an undoubted truth, the Inquisition under the Spaniard hath an eye rather to 'empty the purse, and is upholden more for temporal ends, than to cure the conscience. And to this purpose it may not be here unfitly remembered, that a Spanish inquisitor, em ployed by Philip II. into SicUy, writes, it is found amongst the records of that kingdom, ^'^quod quando in anno 1535, fuit limitata seu suspensa jurisdictio temporalis hujus sancti officii in aliquibus casibus per invictissimum Carolum V. felicis memoriae, jurisdictio spiritualis causarum fidei fuit in sus pense, et quad mortua — which I take no other than a confession, the church, which it maintains, without the temporal power would fail and come to naught ; as indeed "cardinal Bellarmine somewhere in effect confesseth, that to restrain ecclesiastic jurisdiction to spirituals, that pertain to the soul, is to reduce it to nothing. 15. But because I am here entered upon this fining or con fiscation of the goods of a lay person by a spiritual judge, on the conviction (or rather imputation) of heresy, it wUl not be amiss to see how the ecclesiastics have gained that addition to the ' [Directorium Inquisit. Part. in. Comment, ix.] s Adriani, [Istoria de' suoi Tempi], Lib. XVII. p. 1258, c : Historia del Con cilio Tridentino [di P. Soave Polano], Lib. VIII. p. 776. 1° Paramo, de Origine Inquisit. Lib. II. Tit. ii. u. 2, § 17. 1 ' Responsioad Oppositiones F. Pauli ServitiE [Vid.Opuscula, ed. Colon. 1617, Tom. VII. col. 1141, B.J 172 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. power left them by Christ ; which is so necessary, as without it, 149 that only was committed to them from him, which the ancient fathers practised, would be as it were dead. It cannot be denied, princes did in former times by their edicts impose pecuniary penalties on some actions concerned rehgion — so did ' Theodosius, 392, on such as did ordain, or were ordained in hceretids erroribus ; which law a ^council held in Africa about 404, (provoked by the inhumanity of the Donatists), did petition the emperor Honorius might be of force against them : but never any holy bishop of those times took upon him to confis cate any man's estate for his opinions, much less to damnify the son for the father's tenets ; and the lawyers do expressly resolve, '^si poena alicui irrogatur . . . ne ad haeredes transeat, and give this reason, ^poena constituitur in emendationem hominum, quce, mortuo eo in quem constitui videtur, desinit ; again, no man is alieni criminis successor. And accordingly, many ^imperial constitutions do expressly provide, the cathohc chUdren of heretical parents — though the father were deprived of them — should succeed in their paternal goods ; and thus it stood, for aught I know, for above a thousand years, the christian world thinking it hard the son should suffer for an erroneous persuasion of the father, neither did ever any holy bishop for that space (unless as deputy to some prince) take upon him that way of punishing, and if any did, it was not approved in him. 16. In the year 1148, ^the archbishop of Canterbury called by Eugenius III. to a councU at Rheims, the king denied him passage : yet he stole thither ; for which on his return he was expelled England. Into which notwithstanding he got, shrouding himself, as it seems, in those tempestuous times, and to make himself the more formidable, interdicted divine service through the kingdom (which is the first experience the nation ever had of that censure). To this the prior of St Augustine's 150 refused to yield obedience : and the archbishop having now 1 Codex Theodos. Lib. xvi. de Has- reticis, § 21. ^ Concil. Afric. c. 60, [Labbe, Tom. II. 1108] : Baron. Annal. Tom. V. ad an. 404, cxxiii. ' Digest, de Pocnis, leg. xx. ¦' Ibid, et leg. xxvi. '' Codex Theodos. de Hasreticis, § 40, A.D. 407 : Codex Justinian, de Hasreticis, §§ 4, 9, A.D. 530: Novell. Constit. cxv. c.3, § 14, A.D. 541. '' Vid. Gervas. Dorobern. col. 1363, etc, col. 1366, 1. I ; col. 1666, 1. 20: W. Thorn, col. 1807, 1. 62, etc. VIIL] KINGDOM THE PROCEEDING AGAIxNST HERETICS. 173 made his peace with Stephen, got the sentence confirmed from Rome ; upon which '' omnes sceculares in hoc monasterio servi- entes,. ..prceter censuram ecclesiasticam, ad gravem pecuniae redemptionem, contra juris cequitatem et sanctorum patrum decreta, coegit. On this complaint being made to the pope, he wrote unto him, ^ Sicut nobis significatum est, liomines ejusdem monasterii, pro participatione excommunicatorum, prceter eccle- dasticam pcenam fuerunt ad redemptionem coacti ; and there upon commands him, quatenus omnia quce hac occasione sunt eis ablata sine vexatione restitui facias : nolumus enim ut nova in vestra ecclesia inducantur, Ssc. — so that certainly it did but then begin to bud; and after 1160, Alexander III. 'condemns the use of the archdeacons of Coventry, yiho pro corrigendis excessibus et criminibus puniendis, a clericis et laicis pcenam pecuniariam exigunt, affirming it seemed to proceed de radice cupiditatis et avaritiae : yet the same pope in a i^council at Rome, 1179, appoints the goods of heretics to be confiscated, but gives not at all any authority to the spiritual judge in the execution of it; and at the compiling of the Decretals by Gregory IX., "that particular is omitted. 17. But not long after, Innocentius IIL, that vere stupor mundi and immutator sceculi, as '^Matthew Paris styles him, about the year 1200 '^appointed the goods of heretics under his jurisdiction should be confiscated, and out of it the like to be done by the secular magistrate, upon pain of ecclesiastic cen sures ; adding from certain '^imperial constitutions, that it being only an act of mercy, that the chUdren of such as commit treason have their lives spared, when they lose their goods, and the crime far greater to offend God than man, that the severity should not give scandal to the faithful, in seeing chUdren ex posed to misery for the parent's offence, there being many cases wherein, according to the divine justice, sons may be punished for the father's fault, which he leaves the canonists to 151 ' W. Thorn, col. 1808, 1. 63, etc. " Ibid. col. 1809, 1. 66, etc. s [Decretal. Greg. IX. Lib. v.] de Pffinis, c. 3. '" Apud R. de Hoveden, p. 586, 1. 9 : Concil. Lateran. m. c. 27, [Labbe, Tom. X. 1623, a.] 11 [Decretal. Greg. IX. Lib. v.] de Hsereticis, c. 8. 12 Hist. Minor, ad an. 1217. 13 Decretal. Greg. IX. ubi supra, c. 10: Innocent. III. Epistol. Lib. in. Regist. XV. ep. 1, [p. 302, ed. Tolos. 1635.] I'l Codex Theodos. Lib. xiv. de Sua- riis, § 3 : Codex Justinian. Lib. ix. ' ad legem Juliam Majestatis,' § 5, ' Filii,' etc. 174 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. justify by the examples of Canaan, the, children in Sodom, of Achan, &c., as I do the reader to 'seek in them. But it seems to me an hard gloss, from prophetic speeches of the primitive times, or extraordinary examples, when God himself directed what he would have done, for us now to conclude a practice lawful, contrary to express precept, Deut. xxiv. 16 ; Jer. xxxi. 30 ; Ezech. xviii. 20 ; made good likewise by the ordinary ^use of those times. Besides, I am not satisfied with the reason, that temporal lords punishing treason with the heir's loss of estate, heresy being an offence of the same or a worse nature against the divine majesty, children ought so to suffer. For doubtless all treason against a prince presupposeth malice to his person or government — and therefore we do not read that for merely casual misfortunes, such as Tyrell's in England, or Mont gomery's in France, men have been so punished — and for that they take away the offender's life upon the first fact, which the ecclesiastic ^pardons : now questionless heresy is out of an erroneous opinion the holder hath of pleasing God. 18. This of Innocentius III. I take to be the first papal constitution in the kind ; yet some sixteen years before it, divers of several qualities being discovered in that part of the Nether lands was then within the province of Rheims, the archbishop and earl of Flanders joined in an edict, *ut deprehensi incendio traderentur, substantice vero eorem sacerdoti et principi redg- narentur. [And in the year 1178, Raymund, earl of Toulouse and others, sent by the kings of England and France as assist ants to Peter, cardinal of St Chrysogonus, for discovering certain heretics about Toulouse, finding one rich who adhered to them, ^ab illis praeceptum est, ut res illius confiscarentur et turres ejus, quas proceras et pulcherrimas habuit, demoliren- tur. But this confiscation I take not as proceeding from the ecclesiastics ; for, on relaxation in some measure of the penance, it was agreed his possessions should be restored, those towers ' Alphonsus a Castro, de Justa He retic. Punitione, Lib. n. c. xi. [Opp. ed. Paris. 1.571, col. 1267, etc.]: Simanca, de Catholic. Institut. Tit. ix. §§ 5, 6, [fol. 125, a]: Joan, de Rojas, Singularia Juris, etc. lxvi. §§ 5, 6 : Vid. S. Au gust. Question, super .losue, Lib. vi. c. 8, [Opp. Tom. IV. p. 202.] '^ 2 Kings xiv. 6 : 2 Chron. xxv. 4. 3 [Decretal. Greg. IX.] de Haret. c. 9. ^ Chronicon Auctarium Aquicincti- num, A.D. 1183, p. 236, [inter 'Rerum toto orbe Gestarum Chronica,' opera Mirffii, Antverp. 1608.] = [Vid. R. de Hoveden, p. 573, 1. 47, etc.] VIIL] KINGDOM THE PROCEEDING AGAINST HERETICS. 175 indeed demohshed, et ipse daret domino suo comiti Tolosano quingentas libras argenti — so that it seems what was done in this kind to have been by the lay, who had the benefit of it.J After this in «the council of Lateran, 1215, under the same pope it was agaui established, bona damnatorum {de hceresi) si laid fuerint, confiscentur ; si vero clerici, applicentur eccle siis a quibus stipendia perceperunt. Nine years after which, Fredericus IL pubhshed those laws at Padua, of which before ; in wliich he did especiaUy establish the confiscation of their goods, and is the first imperial constitu tion of that kind; which remain nowhere now entire save in some ^papal buUs, as of Innocentius IV., Alexander IV., and Clement IV., — as is noted in Decretal. Lib. Sext. de Haereticis, c. 18. Gloss, ad verb. ' leges quasdam,' — yet some part of them are now inserted into ^the Codex of Justinian, under the titles of authenticae, or nova constitutio Frederici II. , ' de statu et consuetudinibus,' ^c. — as I have touched before. 19. But these laws, though they confiscated the goods of heretics, did not appoint how they should be employed; inso much as the same emperor, being that very year, 1224, at Palermo in Sicily, ^expressed his intent to all his officers through the empire, but more especially in that kingdom, that whereas formerly his exchequer did receive the benefit of those confiscations, they should be divided into three parts, viz. one third fisco, another apostolicce sedi, and the other third eisdem inquisitoribus. After which '"Innocentius IV., 1252, did appoint a distribution, in some sort imitating him, as did likewise "Alex ander IV., including as liable to the same punishment such as were receivers of heretics : to '^which Clement IV., 1265, added, that the houses in which heretics were found, to be destroyed without hope of re-edifying, the materials sold, and a threefold division made, &c. These deprivations, confined hitherto 152 ° Concil. Lateran. iv. c. 3, [Labbe, Tom. XI. Part. 1. 148, c] : De Hajreticis, c. 13. ' Vid. Literas Apostolicas pro Officio S. Inquisitionis, ad calcem Director. In quisit. edit, a Francisco Pegna. 8 Lib. I. de Episcopis, § 'Statuimus:' et de Hffireticis, § ' Gazaros,' etc. ^ Apud Paramo, de Origine Inquisit. Lib. II. Tit. ii. c. 2, §8; p. 198. '" Bull. Innocent. IV. dat. Idibus Maii, 9 Pontificat. Vid. 'Magnum Bul larium Romanum,' Tom. I. p. 91, etc. et Literas Apostol. ad finem Director, p. 11. 11 Ibid. p. 33, n: dat. Anagnia;, 2 Kalend. Decemb. 1259. 12 Ibid. p. 50, D : dat. Perusii, 3 Non. Novemb. 1 Pontif. 176 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. to Italy only, Boniface VIIL, 1295, or rather '1297, publishmg the sixth book of the Decretals, made general; decreeing, ^bona haereticorum ipso jure decernimus conjiscata : where upon, and some other by him then inserted into the canon law, bishops laboured to draw from the inquisitors part of the profits thus distributed; but ^Benedict XL, 1303, did absolutely pro hibit that tanquam juri absonum. After which, because (as it seems) the clergy were not free from prosecuting men only for their estates, Clement VII., in the councU of Vienne, 1311, 153 strictly ^enjoined, ne prcetextu officii inquisitionis, quibusvis modis illidtis ab aliquibus pecuniam extorqueant ; and like wise, ne scienter attentent ecclesiarum bona, ob clericorum delictum, prcedicti occasione officii fisco etiam ecclesice appli- care — changing what the council of Lateran had before esta- blished. 20. Notwithstanding so grave admonition from the pope, their agents did not carry themselves without scandal in this kind, by reason of an * outrage arising from a Franciscan inquisitor, 1346, in Florence ; a scrutiny was had of his actions, and found he had raised from the citizens seven thousand florins of gold in two years, as compositions, or fines, upon the imputa tion of heresy, yet never less in the town ; but any erroneous or less cautelous word was censured as criminal. This drew the Florentines to conform themselves to the usages of Perugia, Spain, and other parts, in making a law, no inquisitor should condemn any citizen or borderer pecuniarily ; but, if an heretic, send him to the fire. By which we may gather, these bulls were not generaUy received in the world ; for then in Spain the ecclesiastic did not fine men, and now the king there hath the benefit of those confiscations. In ^France they do not to this day impose on the laics amendes pecuniaires, but only on the clergy, which must be expended en aumosnes and oeuvres pitoyables, not to the enriching themselves, &c. Neither doth 1 Odoricus Raynaldus, Annal. Eccl. Tom. XIV. ad an. 1297, § 41. ' Liber Sextus Decretal. Lib. v. de Hffiret. c. 19. Vid. c. 17, 18. ^ Extravagant. Decret. Commun. Lib. V. de Hieret. c. 1. ¦¦ Constit. Clement. Lib. v. de Ha;- ret. t. 2. ' Istoria di Giovanni Villani, Lib. xn. u. 67, [pp. 866, 866, 867.] 1 'Arrest de la Cour de Parlement, a Paris, le 27 Juin, 1542,' en ' Preuves des Libertez de I'Eglise Gallicane,' c. xxxviil. § 9, p. 1082. [Vid. cap. xxiii. § 49, p. 696.] VIIL] KINGDOM THE PROCEEDING AGAINST HERETICS. 177 the wise Venetian permit confiscating of estates to arise from any sentence of theirs, but that is to devolve to the next heir. I do not here mention the constitutions of Boniface, archbishop of Canterbury, 1260, nor of Stratford, 1343, in this kind ; because of the first little reckoning was made, and the second did only refer to commutation of penance, which the law aUows : he that would may find them in Lyndewode, Lib. iii. de Immu- nitate Ecclesice, cap. 'Accidit;' and Lib. v. de Paenis, cap. 'Evenit.' 21. If any ask a cause, why the ancient fathers did proceed with so great lenity against blasphemous heretics, 154 as the Arians, Nestorians, &c. ; why, when the ^emperor would have punished the furious Donatists with a pecuniary mulct, the holy men of those times so earnestly interceded as to procure the remission, and did requite their fury with such love and meekness, *as to be able to say, no one of them had paid what the imperial edicts might challenge — when of late years men have been brought to the fire, children exposed to misery by the loss of their parents' estates, even by bishops and other of the clergy, whose opinions were neither so blasphemous as the Arians', nor their comportments so inhuman as the Donatists' — why they preached, men ^relapsed, even to a thousand times, might yet live reconciled to the church ; when as now such as have renounced an opinion Rome calls heresy, being after found to hold it, is ^"sceculari judicio sine ulla penitus audientia relinquendus ; which yet is not observed if he be a prince, as was Henry IV., or perhaps a private man out of their power — 22. To these demands I can give no other answer, but that their offences being against the holy Trinity, the pious bishops of those times, as men who watched for souls, did con tent themselves to denounce what was heresy, but having done that, finding it not received, to leave the punishment to him, who assures it shaU be more tolerable for Sodom and Gomorrah than those refused their instructions, and, under him, to the secular magistrate ; did likewise foUow his precept, in forgiving ' S. August. Epist. Ixviii. [Opp. ; crates. Hist. Eccl. Lib. vi. c. 21. Tom. IL p. 209.] ' S. August, contra Literas Petiliani, Lib. II. c. 83, [Opp. Tom. VII. p. 927.] ^ Xt\ta'/cie fx€Tavoti S. Bernard, de Consideratione ad Eugen. Lib. in. c. 2. •* Concil. General. Rom. 1608 & 1612. * Act.s XV. ^ Acts xvi. 4. ' S. Hieronym. adversus Luciferi- anos, § 5, [Opp. Tom. II. p. 143, A.] 1 Concil. Carthag. vi. c. 9, [in Con cil. ed. Labb. Tom. II. 1592, e.] ^ S. Athanas. Epist. ad venerabiles in Aphrica Episcopos ( Petro Nannio In- terprete): [Opp. Tom. I. p. 931, D.] VIIL J KINGDOM THE PROCEEDING AGAINST HERETICS. 193 multce habitce sunt synodi, hujus tamen omnes sunt memores, tum per Dalmatiam, Dardaniam, [Cretam] aliasque insulas, et plerique in Arabia hanc cognoverunt, et admirati sunt eos qui subscripserunt. And of the '"councU at Sardis it is recorded, Ocrtos 'eTriaKOTros 'eypay^/e, Kal ovtu) TracTes' raura ypay^/acra r/ ev 2aj00t/c>j crwolcK direaTeiXe Kal wpos tous m 6vvtj9evTas diravTrjaai, Kal yeyovaai /cat avrol avu^rjcpoi T019 Kpideicyi T(vv ev -rri avvooif ypayl/dvTwv, kuI twv aXXwv ein- CKOTTwv TO ovofxard eari ravra — which I Enghsh thus : " Osius the bishop subscribed, and so did the rest. These things being copied out, the synod in Sardis sent to those could not be present, who were of the same mind with what had been deter mined of those subscribed in the synod ; and of the other bishops these are the names." 40. After which "Athanasius (from whom this epistle is taken) adds, qui igitur decretis synodi subscripserunt sunt isti .... in universum 344. Hence it grew, that though some councUs had but few at the holding of them, yet the sub scriptions were numerous. '^Baronius observes the fifth council of Carthage to have been held by twenty-two only (I conceive it should be seventy-two), yet had two hundred and seventeen subscribers; which was after the ending of it, by bishops in their own churches, when they admitted of it. So the '^ synod of Antioch, about 341, sending their conclusions to absent churches, writ unto them, they did beheve they would assent to what they had d6ne, et ea quce visa sunt recta roborantes, cum consensu sancti Spiritus condgnabitis. It is of no use to dispute here, whether this were an Arian or a cathohc council : be it either, it stiU denotes the manner then used ; as doth the '^thu-d councU of Toledo, held a.d. 589, which speaks thus: 170 Constitutiones sanctorum conciliorum, Niceni, Constantino- politani, Ephedni, vel Chalcedonensis, quas gratissima aure audivimus, et consensione nostra veras esse probavimus, de toto corde et de tola anima et de tola mente nostra subscripsimus : and another held there, having received with the letters of pope 1° Concil. Sardiceus. Epist. Append. [in Labbe, Tom. II. 678, D.] " Epist. ad iEgyptios, etc. [Apol. ii. Opp. Tom. I. p. 768.] 12 Baron. Annal. Tom. V. ad an. 419, [twysden.] lix. "^ ConciL Antioch. in procemio. [Vid. Labb. Tom. II. 569.] i-i Concil. Toletan.in. § 23, [in Labb. I L, 1005, E.] 13 194 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. 171 Leo IL, the sixth general councU, invited aU the prelates 'of Spain, ut praedicta synodalia instituta, qucB miserat, nostri etiam vigoris manerent auctoritate suffulta, omnibusque per nos Sub regno Hispanice consistentibus patescerent divulganda. 41. By all this it is plain, the manner of former times was to disperse the decrees of coimcUs to absent churches, who by subscriptions were said to have confirmed, and, so far as lay in them, by suffrage, to have given strength to that such meetings had agreed unto. And as popes did thus confirm what other bishops had concluded in their synods, so did they in hke manner his. In the year 1095, Urban II. held a councU at Clermont in Auvergne, at which were present several prelates of Normandy, who at their return brought letters from the synod; upon which WiUiam, archbishop of Rouen, caused the Norman bishops to meet there ; ^and they capitula synodi, quce apud Clarum Montem facta est, unanimiter contemplati sunt, scita quoque apostolica confirmaverunt. It is true, the pope being the patriarch of most note in the world, and of greatest dignity in the west, usually the acts of foreign councUs were directed unto him, ^ which he dispersed through Italy and other parts of Europe ; but his approbation was not enough to oblige other churches, till what came from him was by themselves allowed : neither was this dispersing so appropriated to his papacy, as if there were never any other divulging of them; the second councU of Nice, held 787 (or 788, as Diceto accounts), was sent from Constantinople to Charles the Great, then only rex Francorum, and by him, 792, hither — where it was re jected. 42. From hence it proceeded, that part of the acts of one councU did not bind some churches, which did others ; as some parts of the councU of Chalcedon and Ephesus seem not to have been received in Rome in *St Gregory's time; to which may be added some ^canons of the seventh councU. But I believe it wiU be hardly shewed from the ancients, that any church, neither intervening in councU by proxy, nor that did after admit of it. 1 Baron. Annal. Tom. VIII. ad an. 683, xxv. ' Ordericus Vitalis, Eccl. Hist. Lib. IX. p. 721, B. 1 Vid. Euseb. Mediolanens. Episto lam, post Epist. Iii. Leonis Pap. [Opp. p. 128.] ¦• S. Gregor. Epist. Lib. vi. t. 196, Indict. XV. : Lib. vn. c. 47, Indict, ii. " Concilia General. Eccl. Cathol. Tom. III. pp. 684, 685, ui margine ad Can. vi. [ed. Rom. 1612.] VIIL] KINGDOM THE PROCEEDING AGAINST HERETICS. 195 were held concluded by any, though never so numerous. Cer- tauily none was ever of greater esteem amongst catholics than the councU of Nice; yet "St Augustine, in his dispute with an Arian, confesses neither the councU of Nice ought to prejudice the A.rian, nor that held at Ariminum him, sed utrisque com- munibus testibus, res cum re, causa cum causa, ratio cum ratione concertet. And 'St Hilary, comparing two councUs, one of eight bishops, which refused the word Sfioovaiov, with that of Nice which received it, says. Si contraria invicem senserunt, debemus quasi judices probare meliora — so not only takmg from them aU infaUibUity, but aUowing others to judge of their domgs, before they submitted unto their determmations. And this hath been the so constant observance in aU times, as no age ever held the Latin obhged by the Grecian synods, which they have not received ; neither doth the Greek church to this day hold themselves tied by the determinations of Florence, or to the many other of the Latin touching the pro cession of the Holy Ghost, and other pomts in difference, to which they have not submitted. 43. But for that the acts of councils, without temporal authority to enforce the observance of them, were no other than persuasive, princes — either on the incitation of their bishops, or convinced of the justness and piety of what had passed in those ecclesiastic assembhes — did often by their letters exhort, or by 172 their laws command the observance of what resulted from them. So Constantine, after the councU of Nice, wrote that letter remains recorded in ^Socrates and Theodoret to some absent churches, for their admitting the resolutions of it : in which he teUs them he had undertook that what the Romans had already, dcrfievw^ tovto Kal jj u/ieTepa Trpoa^e^TiTai tryVeo-is, " that their judgment would wUlingly receive." ® And Gratian, Valentinian, Theodosius did in the year 381, by their rescripts, estabhsh the same council, as '"Justinian by the law before mentioned did all the four first — which I take to be ^ Contra Maximinum Arianorum Episcop. Lib. in. c. 14 [Opp. Tom. VI. p. 508, c] Vid. etiam de Unitate Ec- clesiiE, c. 16 [Opp. Tom. VII. p. 364, etc.] ' De Synodis adversus Arianos, [Opp. col. 360, A.] » Socrat. Hist. Eccl. Lib. i. c. 9, [p. 34, c] : Theodoret. Eccl. Hist. Lib. i. c. 10, [p. 34, D.] " Codex Theodos. Lib. xvi. de Fide Catholica, § 3 : de Hajret. § 6. i» g 31. 13—2 196 HOW QUEEN ELIZABETH SETTLED IN THIS [CHAP. 173 the same 'St Augustine calls inserting them actis procon- sularibus. 44. Of later times popes, having by several arts acquired the greatest part of episcopal power to be devolved to them, have likewise claimed it as a right belonging to the papacy, not only to call councUs, but to determine which are general, who are to vote in them ; and therefore, ^ though properly ordinarie, none but bishops have there (say they) jus suffragii, yet ex privilegio et consuetudine cardinals, abbots, and generals of orders are to be allowed voice ; and that there needs no other than the pope's confirmation in Rome, to obhge all Christians to the observance of any he shall hold out for such — as Pius IV. by his bull of the eighteenth of July, 1564, declared, all in the councU of Trent juris positivi did the world, from the first of May before, &c. And though all , history agree, and the very councils themselves assure us, the causing the east and west to meet in those assembhes, to have been ever done by emperors, and that princes on occasions have called the clergy within their estates together for composing disputes in rehgion ; yet the bare affirmation, without any real proof, hath so far prevailed with some men, as to esteem him little other than an heretic shall maintain the contrary. 45. But kings have not so easily parted with these rights: for the state of France, notwithstanding the many sohcitations of popes from abroad, and their clergy at home, hath not hitherto been induced to approve what was determined at Trent ; however you shah hardly meet with any of the Roman party, but he wiU teU you that the points of faith there agreed upon are received in France, but not of manners and govern ment. Which is in a kind true, yet contains a notable faUacy ; for the ecclesiastics of that kingdom, finding the difficulty of procuring that council to pass, have in their provincial synods, ^conspirations quodam, venia in quaque dicecesi cogendi synodos impetrata, inserted the greatest part of the doctrinal points of it into those councils ; so that it is truth, they are indeed there received, yet not for that they were concluded upon in Trent, but because episcopal councils have each in their ¦ In Psalmum Ivii. [Opp. Tom. VIII. p. 396, c] ^ Bellarmin. de Conciliis, Lib. i. c. 15 [in Disputation. Tom. 1 1, p. 249, B.] ° Bochellius, Decreta Eccl. Gallican. 'ad Lectorem.' VIIL] KINGDOM THE PROCEEDING AGAINST HERETICS. 197 dioceses, established what they could persuade nee regibus, nee supremis parlamentorum curiis, ut synodi istius canones in acta sua referrent, et observandos publicarent. [And in an 'arrest' of parliament, the ninth of August, 1611, certain having obtained the use of the Roman breviary, reformed ac cording to the councU of Trent, it is with this expression of being *non en vertu de la determination du pretendu concile appelU de Trente, qui n'est pas receu ny a/prouvk en ce royaume, ains par le conge du roy. J Neither hath the council of Florence under Eugenius IV., or of Lateran held by Julius II. and Leo X., been hitherto aUowed by France or England ; where the most zealously affected to Rome, as sir Thomas Moore, have ^maintained the superiority of a general councU above the pope ^in opposition to either of them ; though 'that be a point rather of faith than manners. Upon which grounds, those councils before spoken of did not bind here, farther than what was in them hath been made good by provincial synods within the nation. By all which it being certain, neither this church nor king dom hath ever been tied by the acts of any foreign council not admitted here, and being perhaps a thing of some intricacy, what determinations the realm had received after the four first general councils, her majesty took the way of receiving them as absolutely necessary, but others with such limitations as are in 174 ^the statute ; and for the future, nothing to be heresy, but what should be determined to be such by the parliament, with the assent of the convocation. 1 [Preuves des Libertez de I'Eglise Gallicane, c. xxxi. § 9, p. 845.] = See his ' Letter to mayster Thomas Cromwell' at the end of his works [p. 1427, ed. 1657], and the original in Sir Thomas Cotton's Library, [Cleop. E, vi. 149.] 0 Vid. Concil. Florentin. [Labbe, Tom. XIII. 1136, c] : Concil. Lateran. V. A.D. 1516, Sess. xi. [ibid. Tom. XIV. 309, etc.] ¦' Bellarmin. de Conciliis, Lib. n. c. 17, [Disputat. Tom. II. p. 267, E.] 8 Statutes, 1° Eliz. c. 1. CHAPTER IX. OF THE FARTHER PROCEEDING OF QUEEN ELIZABETH IN THE REFORMATION. THINGS thus settled in 1° Ehzabeth, the parhament ended, the hturgy of the church — commonly cahed the book of Common Prayer — ^reformed, and pubhshed; the queen, 'fohow ing the examples of her predecessors, and relying on the ancient symbols as the doctrine of the cathohc church, gave command the creed, the Pater noster and ten commandments — as the grounds for a Christian to beheve, and frame his life after — should be taught her subjects, and none to presume to come to the Lord's table before they could perfectly say them in Enghsh. 2. Hitherto, to my understanding, her majesty had not done any thing not warranted by the practice of her predeces sors, nor that could be justly interpreted a departing from the apostolic faith, or indeed from Rome itself; where she kept an agent, ^till Paulus IV., during the parliament commanded him to rehnquish the title of ambassador, and not to stir out of Rome. So that if there were any departure, it must needs be the pope made it, not the English — who was so incensed, he would not at first acknowledge our queen, nor after permit any from her in the quahty of ambassador to reside with him, 175 though she had not done any thing but according to the ancient rights of the kingdom, and the usages of former princes. But suppose (which wUl never be proved) her majesty to have gone farther than was fit for a christian prince in settling religion, certainly she had just cause to conceive she might do it, having • so many precedents of her ancestors in the case. Yet Paulus IV. breaks off aU intercourse ; some of his party first would not crown her, then spake of excommunicating of her — indig nities no prince but must be sensible of. 3. Yet it seems, the first heat past, the queen's modera tion was better received at Rome than at home ; where the 1 Canones dati sub Edgaro, p. 67 : Leges Canuti, c. 22, p. 105. See above, cap. V. § 6, iii. = Camden. Annales Elizabeth, ad an. 1559, [p. 13.] IX.] THE FARTHER PROCEEDING, &c. 199 pope, however a violent heady man, considering no doubt his own loss in breaking off aU commerce with so potent a kingdom, 5 began to hearken to terms of accommodation, and was content things should stand as they are, the queen acknowledging his primacy, and the reformation from him. But his death ensuing the eighteenth of August, 1559, left the design to be prosecuted by his successor Pius IV., who by letters — sent by Vmcentius Parpaglia, a person of great experience, employed by cardinal Pole in ^former negotiations [to the pope,] and of late in that hither — of the fifth of May, 1560, directed charisdmce in Christo filice Elizabethae regince Anglice, did assure her, ^ omnia de nobis tibi polliceare, quae nam modo ad animce tuce salutem conservandam, sed etiam ad dignitatem regiam stabiliendam et confirmandam, pro authoritate, pro loco ac munere quod nobis a Deo commissum fuit, a nobis desiderares, ^c. Upon this, and their relations who then lived, and had part in the action, the Enghsh affirm Pius IV. would have confirmed the hturgy of the church of England: and indeed how can any imagine other ? For doubtless nothing could have been more to her dishonour than so suddenly to have changed what she had with so great consideration estabhshed ; and the pope assuring her, she might promise herself from him all he could do, I know not what less or other he could expect she would ask. But where sir Edward Coke, in his charge "at Norwich, as it is now printed, says this offer came from Pius V., I conceive it a mistake, and should have been Pius IV. — as in another place he names Clement IX., who yet never was, for Clement VIII. — and the rest of the narration there not to be without absurdities, and to be one of those deserves the author's censure, when he says, ^' there is no one period in the whole expressed in the sort and sense that he delivered it;' for certainly Pius V., from his coming to the popedom, 1566, rather sought by raising against her foreign power abroad, and domestic commotions at home, to force her to his obedience, than by such civU ways as we now 176 3 Tortura Torti, [by Bishop An- drewes] p. 142, [Lond. 1609.] 1 [Hist, del Concil. Trident, di Pal lavicino, Lib. XIII. c. vii. § 6, Tom. II. p. 400.] « Camden. Annal. ad an. 1560, [pp. 47, 48.J 8 [' The L. Coke's Charge, given at Norwich Assises,' Lond. 1607. It is not paged, but the passage alluded to will be found about the middle.] ' Prajfat. Lib. vn.relat. [Vid.Co'.-e's Reports, Part vn Vol. IV. p. viii. ed. Lond. 1826.] 200 THE FARTHER PROCEEDING OF [CHAP. speak of to allure her ; though the thing itself is no question true, however there be a faUure in some circumstances in the person that offered it. [And in this, I take Dr Heylin to be likewise out ; who in his " History of the Reformation,' in queen Ehzabeth, a.d. 1560, says this Parpagha set not his foot on Enghsh ground, not permitted to come nearer than Brussels. Which is altogether improbable ; for how could he propound any thing to the queen (which Camden says he did), if he saw her not ? Would he be so neghgent of the papal honour as to send a letter, he was to deliver himself? If we are to credit tradition, he not only spake with her majesty, but passed from her not without a gratitude. And I conceive the learned doctor at tributes to this abbot what happened to another, the year fohowing : for of Martinengus, 1561, it is most true, as Camden, Thuanus, Lib. xxviii. [c. 20,] both the Histories of the CouncU of Trent record, but none mention it of this ; neither is it likely the pope, having received so peremptory a denial, would a year after adventure a second.] 4. They ^that make a difficulty in behoving this relation, object it to have been first divulged, 1606, forty-six years after the proffer of it : that sir Edward Coke averred to have received it from the queen herself, not then alive to contradict him. But for my part I confess I find no scruple in it, for I have ever observed the wisdom of that court, to give what it could neither sell nor keep ; *as Paulus IV. did the kingdom of Ireland to queen Mary, admitted the five bishoprics erected by her father, approved the dissolution of the monasteries made by him, &c. — of which nature this was. For the being first mentioned forty- six years after, that is not so long a time but many might remember ; and I myself have received it from such as I cannot doubt of it, they having had it from persons of nigh relation unto them who were actors in the managing of the business. Besides, the thing itself was in effect printed many years before ; for he *that made the answer to Saunders his seventh book De Visibili Monorchia — *who it seems had been very careful to ¦ [p. 132; ed. Lond. 1670] ^ Parallelus Torti et Tortoris ejus L. Cicestrensis, [auctore L. P. Andrea Eu- dcemon-Joanne Cidonio, Colon. 1611], c. ,.p. 241. " [Vid. cap. iii. § 14.] ' * Fidelis Servi Subdito infideli Re- sponsio; Lond. 1673. [The author is said to have been Thomas Wilson, after wards Dean of Durham.] ' p. 121. f The pages in this pamphlet are not regularly numbered.] IX.] QUEEN ELIZABETH IN THE REFORMATION. 201 gather the beginnings of queen Ehzabeth, that there might be 177 an exact history of her, tandem aliquando, qui omnia acta diligenter observavit, qui summis reipublicae negotiis consulto interfuit — ^"relates it thus : 5. That a nobleman of this country being about the be ginning of the queen's reign at Rome, Pius IV. asked him of her majesty's casting his authority out of England ; who made answer that she did it being persuaded by testimonies of scrip ture, and the laws of the realm, nullam illius esse in terra aliena jurisdictionem. Which the pope seemed not to believe, her majesty being wise and learned, but did rather think the sentence of that court against her mother's marriage to be the true cause ; which he did promise not only to retract, sed in ejus gratiam qucecunque possum praeterea facturum, dum ilia ad nostram ecclesiam se recipiat, et debitum mihi primatus titulnm reddat : and then adds, extant [adhuc] apud nos arti culi abbatis '' Sanctce Salutis manu conscripti, extant cardinalis Moronxe literce, quibus noMlem ilium vehementer hortabatur, ut cam rem nervis omnibus apud reginam nostram sollidtaret. Extant hodie nobilium nostrorum aliquot, quibus papa multa aureorum millia pollicitus est, ut istius amicitiae atque foederis inter Romanam cathedram et Elizabetham serenissimam au- ihores essent. This I have cited the more at large, for that ¦Camden seems to think what the abbot of St Saviour propounded was not in writing ; and because it being printed seven years before the cardinal Morona's death, by whose privity — as pro tector of the English — this negotiation passed, without any contradiction from Rome, there can no doubt be made of the truth of it. And assuredly some who have conveniency and leisure iliay find more of it than hath been yet divulged : for I no way beheve [the pious and learned prelate], the bishop of Winchester, would have been induced to write, it did constare of Paulus IV. ; nor the queen herself, and divers others of those times, persons of honour and worth — with some of which I " Ibid. pp. 70, 71. ' ' Sancti Salvatoris.' Camden, ad an. 1660, [p. 48.] In the year 1562, he seems to have been employed by the said pope into France. [Mando I'ab- bate di S. Saluto per questo in Francia.] Histor. del Concil. Trident, [di Soave], Lib. VI. p. 628. [The History of the Council of Trent by Cardinal Pallavi cino, Lib. XIII. t. 67, § 1, styles him, 'abbate di San Salutore.'] The cardinal here referred to is called Moronus in the Life of Cardinal Pole, [Venet. 1563, fol. 31, b.] 202 THE FARTHER PROCEEDING OF [CHAP. 178 myself have spoken — have affirmed it for an undoubted truth, did not somewhat more remain — or at least had formerly been — than a single letter of Pius IV., which apparently had refer ence to matters then of greater privacy. And here I hold it not unworthy a place, that I myself talking some time with an Italian gentleman, versed in pubhc affairs, of this offer from the pope, he made much scruple of behoving it ; but being in a place where books were at hand, I shewed him on what ground I spake, and asked him if he thought men could be devils, to write such an odious lie, had it not been so. ' Well,' says he, ' if this were heard in Rome amongst rehgious men, it would never gain credit ; but with such as have in their hands the maneggi della corte (for that was his expression), it might be held true.' 6. Indeed, the former author doth not express — as perhaps then not so fit to be pubhshed — the particulars those articles did contain, were writ with the abbot's own hand — which later. pens have divulged — but that, in general, it should be any thing lay in the pope's power, on her acknowledging his primacy ; and certain no other could by him have been propounded to herj nor by her with honour accepted, than that of his allowing the English liturgy : so that they who agree he did by his agent (according to his letter) make propositions unto her, must in stance in some particulars, not dishonourable to herself and kingdom to accept, or allow what these writers affirm to have been them. And I have seen and heard weighty considerations, why her majesty could not admit her own reformation from Rome; some with reference to this church at home, as that it had been a tacit acknowledgment it could not have reformed itself, wliich had been contrary to all former precedents ; others to the state of Christendom as it then stood in Scotland, Germany, and France — but with this I have not took upon me to meddle here. 179 7. Yet what the queen did upon this message, seems to have given no very ill satisfaction; for 'sir Edward Carne, then in Rome, advised the pope the same year to invite her to the council of Trent, promising him half the kingdom with her own liking would receive his messenger ; which yet was found other wise. The reasons why, are some touched by historians, and may more at large be seen in sir Nicholas Throgmorton's nego- 1 Historia del Concilio Tridentino, [di Soave] Lib. v. p. 446. IX.] QUEEN ELIZABETH IN THE REFORMATION. 203 tiations, then her ambassador in France, Certainly Hhe French were not altogether out of an opinion — or at least would have it thought so — of her sending to the synod ; which the pope, how ever he invited her, was not a little troubled at. But the great combination of the popish party, supported by France against England, made her see she could expect no good where they were predominant : upon which she caused the divines of her kmgdom in councU to consider of a just and lawful reformation ; who meeting, 1562, reviving the acts of a synod held at London ten years before under Edward VI. , and explaining some few expressions, and omitting some points rather of dispute than faith, did conclude on thirty-nine articles so just, so moderate, so fuUy agreeing with the doctrine of the primitive fathers, and with the ancient tenets and practice of this very church, in the times of the Britons and Saxons, as if any shall say no clergy in any age or place have held out a more exact rule, he may be easilier contradicted than justly blamed or confuted. 8. For having laid their ground, that ^"holy scripture containeth all things necessary to salvation, so' that whatsoever is not read therein, nor may be proved thereby, is not to be required of any man, that it should be behoved as an article of the faith," — they do upon that basis establish the doctrine of the three creeds, the Nicene, Athanasian, and Apostles', heretofore ever held to contain ecclesiarum omnium fidem ; and that the *" Romish doctrine of purgatory, pardons, worshipping and 180 adoration as weU of images as of rehques, invocation of saints," i&c, is not warranted by scripture, that is, are no articles of faith : and then proceed to settle such other things as are juris positivi, with so just a moderation, as is hardly elsewhere to be found ; changing nothing for the general, but where the practice of their own ancestors did justify their doings, without at aU extending themselves to any thing where they had not antiquity their warrant. 9. Fohowing which, they restored the cup, having the councU of Clermont under Urban IL, that ^corpus dominicum 2 Ibid. Lib. VI. pp. 522, 528. ^ Art. vi. of the Synod of London, 1662. [Thereupon making a just distinc tion, which were the canonical, which the apocryphal books ; as they had been taught by St Gregory, and constantly maintained in this church. Vid. Gregor. Moral. Lib. xix. c. 13, 17 : Johan. Sa resber. Ep. clxxii.] ¦1 Art. xxii. 5 Apud Orderic. Vital. Eccl. Hist. Lib. IX. A.D. 1096, p. 720, A. 204 THE FARTHER PROCEEDING OF [CHAP. et sanguis singulatim accipiantur, the command of 'Paschalis IL, and the practice of the Enghsh church, where sickly people, women as weU as men, were to be provided of a pipe to receive it by ; as was ^ expressly enjoined the order of the Gilber tines about 1200. The thing being already printed, I need here repeat no more, but only add, that this permission of theirs was no other but a restoring to minores ecclesias, that is, parochial or country churches, that liberty Peckham had deprived them of, not three hundred years before. For I do not find any prohibition, but the lay might ever have been partakers of it with us in majoribus, that is, cathedral churches ; for ^Lynde wode in his gloss upon the English constitutions, about 1430, propounds this question, Sed numquid in istis ecclesiis caths- dralibus, et aliis majoribus, liceat non celebrantibus, dum communicant, redpere sanguinem Cliristi in specie vini? Videtur ex hac litera, quod sic ; argumento sumpto a contraria sensu, quod est in jure fortissimum . . .et hoc bene putarem verum, saltem quoad ministrantes sacerdoti celebranti, ^c. [And Johannes de Burgo, sometimes chancellor of Cambridge, in his ' PupUla Oculi,' which he writ 1385, speaking what is to be done if any thing after consecration fall into the chalice, in the end propounds this * question — if the priest venenum ibi esse deprehenderit immissum, and resolves it, nullo modo debet sumere, nee alteri dare, ne calix vitce vertatur in mortem, ^c. — which plainly shews some others besides the consecrating priest might have the cup then given them.] 10. For the permitting of matrimony to the clergy, it is undoubted all here had the liberty of marrying, before * Lan franc in a councU at Worcester, 1076, did rather advise than 1 Apud Baron. Annal. Tom. XII. ad an. 1118, in Appendice, [p. 1194, ed. Moguntice.] ^ Regul In Biblioth. Cotton. [Vitel. E. xiv. 242.] 11 Annal. Tom. X. ad an. 963, ii. iii. : ad an. 968, x. 1= Richard. Smith, Flores Histor.Eccl. Lib. II. c. 7, p. 134. 13 DeDivinis Officiis, c. 18, [Vol. III. p. 479 ; Opp. ed. Ratisbon. 1777.] [This book he never writ, according to the opinion of learned men, but some French man of a later time. Dallajus, de Jejuniis et Quadragesima, Lib. in. c. 12, pp. 636, 637 : c. 13, p. 567. Vid. Divin. Offic. cap. 'de Singulis vestibus.'] 208 THE FARTHER PROCEEDING OF [CHAP. against images, he would have imply a veneration of them, even in his time who opposed them, by the Enghsh church. But I do not take the reverence of the cross to infer the use or worship of images. It is not to be denied but Christians, in their talk and writings, did extol and magnify the cross, forced thereunto by the gentiles, who spake ignominiously of him that died upon it ; yet I beheve it will be difficult to shew any law 184 or canon before the conquest, enjoining [here] the use, much less that attributed any religious worship unto images. [And here I cannot omit the dexterity of the Roman party, who when the catholic shews antiquity made no use of the images of saints in churches, wUl prove the contrary, for that some Christians had crosses or pictures of our Saviour — as if they could not have retained these with honour, but they must have had images of saints to worship; which seems to me very differing : the one shewing, in opposition to the heathen, they were not ashamed of him who died on the cross for them : the other brought in, worshipped, and stiU continued by the church of Rome, to the scandal of cathohcs, not in opposition to the gentiles. And therefore, though we do find the one anciently among us, we do not find the other placed in the church.] 15. It is true, the 'council of Cehcuith, 816, did charge unicuique episcopo, ut habeat depictam in pariete oratorii, aut in tabula, vel etiam in altaribus, quibus Sanctis sint utraque dedicata, ^c, which was clearly for memorial and ornament ; as it hath been very common, in some churches, to have on the wall the image of queen Elizabeth, and such as have built an aisle or window, to have their statue or picture set up in it, which in some parts perhaps remain to this present ; yet no man ever held any rehgious duty fit to be given them, nor any man compeUed to set them up. [That there was neither pre cept commanding any religious use of them, nor practice with us of frequent placing images in churches, for above a thousand years after Christ, I cannot at all doubt. Among the ornaments ^ad cultum ac ministerium eccledce necessaria, sent hither by Gregory to Augustine, we meet not one ; nor when ^Acca dressed up the church at Hexham doth he mention any. When the Danes, 870, made that horrid devastation in Lincolnshire Spelman. Concil. p. 328, c. 2. I ^ [Ibid. Lib. v. c. 20.] [Bed. Lib. i. u. 29.] I IX.J QUEEN ELIZABETH IN THE REFORMATION. 209 and parts adjacent, burmng rehgious houses, destroying the persons found in them, the monks in Croyland flymg for safety of their hves, Ingulphus *makes an exact inventory of aU per taining to their church, they carried with them or left behind ; but nothing of any image. Egelricus, abbot of that house, about 984, ^bestows sundry necessaries on the church there; but amongst them no image is found. Eadmerus, "describing the old church of Canterbury, remembers nothing of any in it. Dunelmensis, ^recording the gifts of ^thelstan to St Cuthbert, hath no image amongst them either of our Saviour or of any saints. As for that of our Saviour on the cross speaking, 975, in the refectory at Winchester — though that were not in a church — it being remembered neither by Florentius Wigorn ensis, nor Simeon Dunelmensis, and related so differingly, I confess I cannot hold it a story to ^build anything upon, but as made in after times when their use was more common. . . . [As these omissions prove them not to have been in those times placed in Christ's house, so the remembering them after, when their use began, assures us it was not chance they were left out. The first I have observed were the images of our Saviour, the blessed virgin, and St John the evangehst, given about the conquest by »Tosti (or rather his wife), a Fleming, to the church of Duresme. And not long after, '"Lanfranc, re-edi- fjmg the church of Canterbury, placed the same images m it too ; as perhaps was the case in Italy, whence the archbishop came. Yet I would not be here understood, as if I affirmed ornamental sculpture, or memorials of men departed, were alto gether excluded out of those sacred structures. It is recorded the church of Hexham to have had ^^capitella columpnarum . . . et arcum sanctuarii historiis et imaginibus et variis celatura- rum figuris ex lapide prominentibus, et picturarum et colorum grata varietate mirabilique decore decoravit. And '^Godricus, abbot of Croyland, having buried eighty-four monks of Peter- borouo'h, destroyed by the Danes, in the church-yard there. * [Ingulph. Hist. p. 866, 1. 13, etc.] 5 [Ibid. p. 889, 1. 12, etc.] ' [Apud Gervas. Dorobern. de Com- bustione et Reparatione Dorobern. Eccl. col. 1292.] 7 [Apud Scriptores X. col. 75, 1- IL] « [Spelman. Concil. Tom. II. p. 492.] [twysden.] ' [De Ecclesia Dunelm. apud Script. X. col. 36, 1. 16.] i» [Gervas. Dorobern. col. 1293, 1. 16, etc.] 11 [De Episcopis Hagust. apud Script, X. col. 290, 1. 28.] 12 [Vid. Ingulph. p. 868.] 14 210 THE FARTHER PROCEEDING OF [CHAP. 185 with their abbot, erected over him a pyramid, having insculptas imagines abbatis ac monachorum suorum circumstantium, as a monument of them ; and a little off, in the same yard too, crucem lapideam similiter imagine Salvatoris insculptam, that such as passed by might remember the monastery de stroyed, and according to the devotion of those times, pray for them whose bodies rested there — but hitherto no rehgious use, nor any injunction of the church commanding them.] Not long after placing these images of saints (though but for ornament) in churches, the Ul by some was found more than the benefit ; which caused the founder of the order of Sem- pringham at the very first, about 1148, establish : ' Sculpturce vel picturae superfiuce in ecclesiis nostris seu in offidnis aliqui bus monasterii, ne fiant, interdicimus ; quia, dum talibus intenditur, utilitas bonce meditationis vel disciplina religiosce gravitatis scepe negligitur : cruces tamen pictas, quce sunt lignce, habemus. So that it is plain they did account all pic tures so superfluous as not to have them, but only painted crosses ; and this was one of the first foundation. And in another ^place, which I take to be somewhat after, the buying of them and sUk, as things indifferent, are alike interdicted; yet a direction how to bestow any thing of that nature should be left them : but see the words ; Nihil de serico ematur a nostris, vel de nostro ad nostrorum opus, vel ad aliquid religioni contrarium, et seculi vanitatibus amminiculum ; nee etiam ad quodlibet sacerdotale indumentum, nisi constet esse necessarium. Si vero datwr, secundum arbitrium prioris Omnium communi utilitati et usui mancipetur. Hoc idem de yconiis vel aliis sculptilibus didmus, qvxe ad beatoe Mariae virginis vel aliorum sanctorum sunt fabricata memoriam : quae tamen gratis "^ grata, prout de serico prcediximus, ad sororum altare vel hospitium, vel alio apto loco honeste ponenda decer nimus. So that it is apparent hitherto then" use was esteemed no other than that of silk ; and these two articles seem to have 1 " Regulse beati Gilberti et successo rum ejus, per capitula generalia institutsE, et de exordio et ordinatione, et institu tione Ordinis Canonicorum, Sanctimo- nialium, Fratrum et Sororum Laicarum Ordinis de Sempringham, de Canonicis, c. XV. § ' Sculpturae,' [in Holstein, Tom. II. p. 490.] [Vid. Monasticon Anglican. Tom. II. p. 726.] ' De Fratribus, c. xiii. [in Holstein, Tom. II. p. 507.] ^ Sic MSS. sed lege 'gratis data,' as it is in other places (as you will see here. after) repeated. IX.] QUEEN ELIZABETH IN THE REFORMATION. 211 been resolved on nigh the first foundation — ^being in an hand differing from some other I shaU mention — by the founder himself. 16. In the year 1200, the house of Sixle or SixhiU in Lincolnshire, was visited by the abbot of *Waredune, as com missioner of 5 Otho, the pope's legate ; where about twenty articles were concluded for the government of the order : the fifth of which, though it gave some more liberty than the former, yet was not without restraint : but take it from an "hand of those times: Anno gratice mcc, in visitations facta de Sixl, per abbatem de Wardun auctoritate domini Otonis legati, statuta sunt hcec firmiter observanda. Imprimis, ^c. cap, 5 : Item inhibetur ne picturarum varietas aut superfluitas sculp- turarum de ccetero fieri permittatur, nee liceat alicubi yconias haberi, nee imagines, prceter ymaginem Salvatoris, et ''y. beatoe Marioe, et Sancti Johannis evangelistae. Hitherto, questionless, the church of England, fohowing the doctrine of ^St Gregory, had been taught by testimonies of holy writ, that omne manufactum adorare non liceat; and though they might be lawfully made, yet by all means to avoid the worshipping of them — but see the progress. 17. Sixty-eight years after this, Othobon, being the pope's legate in England, did in his own person visit the chief house of this order, and committed the others to Rodolphus de Huntedune, the said cardinal's chaplain, and penitentiary ; who associating to himself one Richard, » general inquisitor of the order of Semphng- ham, did, in the year 1268, conclude upon seventy-four or seventy-five heads or chapters for the government of them ; the fifty-fourth of which, under the title de ymaginibus habendis, is this : Item, cum .secundum Johcmnem Damascenum ymaginis 186 honor ad prototypum, id est, ad eum cujus est ymago per tineat, ad instantiam monialium et earum devotionem ferven- ' Warden or Wardun was a monas tery of the Cistercian Order in Bedford shire. [Vid. Monasticon Anglicanum, Vol. I. p. 784, col. 2.] 5 Qufflre, whether this were that Otho [who] was after Cardinal; viz. in Sep tember, 1227. « [ An account of Sixill is given in the Monast. Anglican. Vol. II. pp. 810, 811 ; but there seems no mention of this visi tation.] '' [yconium.] ^ Epist. Lib. IX. c. 9, Indict, iv. ' " Generali ejusdem Ordinis de Sem- plingham Scrutatore." 14—2 212 THE FARTHER PROCEEDING OF [CHAP. tius excitandam, ' conceduntur eis ymagines crudfixi et beatce Mariae et Sancti Johannis evangelistae, et quod possint habere in quolibet altari dedicato ymaginem ipsius sancti in cujus honore altare dedicatum est. Si tamen gratis detur eisdem, sicut beatus ^G. de serico et de ymaginibus duxit statuen dum, et celebretur ipso die festivitatis illius sancti, et die dedicationis ejusdem altaris, missa ad dicta altaria, etiamd sint infra clausuram monialium,. Thus they. 18. By which it is manifest, this kingdom had not then ^received the seventh councU; for if they had, there can be no thought they would have built their article upon Damascene's opinion only. Bnt by all these we may see, images were brought into this church by degrees, by little and little : first they had none, then only [for ornament] wooden crosses were tolerated ; then they might not buy any, but being given they might accept the image of our lady and other saints ; then an inhibition of all saints except our Saviour, the blessed virgin, and St John the evangelist ; to which was added the image of that saint their altars were dedicated unto, and these only by concession, not bought, but given. So that it is plain, they were taken for things only indifferent, as silk, which they might use or be without, no processions, bowings, hissings, &c., of them prescribed ; but how the practice was afterward, that chapter of Arundel registered by Lyndewode may tell you, which because it is long, I shall not farther repeat, it being printed, than to add that it is in him. Lib. v. de Hceretids, cap. ' Nullus quo que :' and in another place he propounds this question, ^Num quid ymago Christi sit adoranda cultu latriae ? and resolves, si considsretur ut ymago, tunc quia idem motus est in ymaginem in quantum est ymago et ymaginatum, unus honor debetur 187 ymagini et ymaginato ; et ideo cum Christus latria adoretur, ejus ymago debet similiter latria adorari. Nee obstat Exod. xxvi. ubi dicitur, non fades tibi ymaginem nee sculptam simili- tudinem ; quia illud pro eo tempore erat prohibitum, quo Deus humanam naturam non assumpserat. [The cross I confess more ancient. WiUiam Thorn re members *crux bifurcata, or geminata sive duplicata (as others ' Gilbertus. I cap. ' Ut parochiani :' verb, 'imagines,' '' Concil. Nicsenum n. [p. 252, not. s.] ¦' Lib. III. de Ecclesiis edificandis, | ¦^ [Chronica, col. 1763, 1. 42.] IX.] QUEEN ELIZABETH IN THE REFORMATION. 213 call it), to have been sent by St Gregory and by Augustine left to that house. But the cross being neither enumerated by ^Bede, nor in the "deed of king Ethelbert expressing what came from Rome, and, as the book in ^Trinity Hall intimates, ground ed on no other proof than report and the relation of *Spot, that writ weU nigh seven hundred years after — I shall urge no farther ; every one will credit what he fancies. I cannot deny it seems to me of doubtful faith, and the rather because I have not yet observed any certain testimony in our writers of their placing in churches, tiU some time after.]. . . . [It is not to be doubted but in the inundation of the bar barous pagans. Christians placed crosses over the sepultures of those by them destroyed ; as a token such as lay there died in the faith of Christ crucified — as I have shewn of 'Ingulphus. jEthelstan, a. d. 934, coming by Duresme in his expedition against the Scots, bestowed sundry ornaments on that church; among which there is no image, but ^"unam crucem auro et ebore artifidose paratam : and about 1020, " Canutus gave nomina- tissimam crucem to the monks of Hyde by Winchester. More examples of the hke donations may be met with in the writers of those times (and truly I think not much before) : but hitherto they were for no other end than to adorn the churches. No speaking or praying to it, as unto Christ ; no questioning whether the honour rendered were ^^ latria or hyperdulia ; no office in especial addressed to it; no '^ speculations vfhj festum crucis was celebrated, and not festum asince, cui insidens Christus vene- rabatur a populo.J 19. The synod at Westminster, finduig thmgs in this posture, and the retention of images to have been in many parts jomed with a great abuse, if not impiety, took a middle course ; first to condemn aU manner of adoration or worship of them — and therefore every sculptile had been removed out of churches — 5 [Lib. I. c. 29.] « [Apud. Will. Thorn, col. 1762, 1. 66.] 7 [The Chronicle of St Augustine's, Canterbury, before referred to. This por tion of the MS. is printed in Smith's edition of Bede, Appendix, N». vii. p. 692.] 1 [The more usual name of this writer is Sprott. The cross presented by Augustine is described as ' geminata sive duplicata, quae Thoma Sprott et ab ahis bifurcata notatur.' Ubi supra.] 9 [Hist. p. 868, 1. 10.] 1" [Simeon. Dunelmensis, c. 76, 1. 16.] " [Monasticon Anglicanum, Tom. I. p. 210, col. 2, 1. 27 : Vid. p. 104, col. I, 1. 22 ; et passim.] '2 [Lyndewode, de Eccl. .Edificandis, p. 252, not. s.] 1^ [Ibid. p. 102, not. m.] 214 THE FARTHER PROCEEDING OF [CHAP. but whereas some use might be made of them for remembrance of histories past, to retain in sundry parts such windows and pictures, as might without offence instruct the ignorant in several passages not unworthily preserved : [and for the cross, though they did justly abohsh all those vanities, yet in respect Christians had ever carried great reverence unto it as a badge of their profession and our Saviour's sufferings, to retain the use of it in baptism as a token not to be ashamed of confessing his faith, who died on it, to fight under his banner and continue his soldier to our lives' end — of all] which, if any man have since been offended, it must be on other grounds than I understand. 20. As they proceeded with this circumspection, not to depart from the primitive church in matters juris positivi, so did they take no less care in points of opinion; for having declared which were the books of holy scripture, they did not absolutely reject the use of the other, though they had been 'taught by the doctrine ^of St Hierome and *St Gregory, not to repute them in canons, but to admit them quia fidem et religionem cedificant, or, as they *say, for example of life and instruction of manners. 21. [For worshipping saints, as it is evident by the epistle of the church of Smyrna, about the year 165 after our Saviour, upon the death of Polycarpus, the primitive Christians did observe solemn festivals in remembrance of such as had been crowned with martyrdom — as well for conserving their memories as encouraging others to constancy and perseverance, whom God should be pleased in those perilous times that way to call to him ; and did profess to love martyrs as disciples and followers of the Lord — so is it very manifest by it they coiUd * worship no other but Christ, the Son of God. In like manner ¦ Joan. Saresberiensis, Epist. clxxii. pp. 281—285 : Thom. Waldensis, [Doc trinale Antiq. Fidei Eccles. Cathol.] Lib. II. Art. ii. p. 203, col. 2, a : ed. Venet. 1571. ^ InProverb. Solom. Praefatio, [Opp. Tom. IIL p. 25, b.] ' Expositio Moralis, Lib. xix. c. 13. '' Art. vi. of the xxxix. * [This place being so punctual, the honour antiquity did give to martyrs was love, but that they did only worship Christ, the Son of God, is obscured by the Latin inserting 'ut Deum,'' which is not in the original ; where we find it ofixe eTepov Tiva (re/SeffOat, which is ren dered vel alium quempiam aliqv-ando calamus ' ut Deum.' This reading Ba ronius, too, as suiting rather with his opinion than the truth, retains, Tom. II. ad an. 169, xv. ; though to my under standing not anything nearer the words than the scope of that place : which is questionless to shew, what they paid our Saviour to be of another nature than that to other men, and therefore immediately IX.] QUEEN ELIZABETH IN THE REFORMATION. 215 the Saxons, though they did observe days in remembrance of those who were exemplary for their piety, and by whom they were reduced to christian religion, on the commands of "kmgs and bishops, or by the voluntary devotion of the ^parochial priest, whose denunciation in that kind they were bound to qbey — which made the appellation of 'saint,' in elder times, enough common (as ^ cardinal BeUarmine rightly notes, apd may be gathered by our ancient historians, who give the hame to those of whose canonization there is no shew) — yet they did honour them no otherwise than eo cultu dilectionis et sodetatis, quo et in hac vita coluntur hominss, as ^St Augustine speaks, which what it is he explains, as we shaU see.] [Neither can I think the Saxons did admit such expressions as the church of Rome now approveth. And I beheve it would trouble the best seen in the antiquities of those times, to produce any old book of devotions, psalter, primer, or other used by the Saxon in the pubhc service of the church, stuffed with such as are now frequent in them. I have searched dUigently, yet not met with one; though I have seen divers, and amongst others three ancient Saxon and Latin psalters, full of prayers, but no one petition to any saint whatsoever. The hke does '"IVIr Wheloc affirm of the homihes read in the Saxon church, though they did not deny their interceding for us.] [The truth is (so far as I can yet discover), from rhetorical expressions found in the fathers, about 1053, some rehgious men began to compose an office for the blessed virgin, and religious houses to entertain the saying of it with the church's service — which others "opposed, shewing it to be more than prescribed follows : TovTov ixev ydp vldv ov-ra tov Qeov TTpocrKvvovfiev' Toii^ Se fidpTVpa?, ojs jUaOtjTas Kal fiLfitjTcis tov ILvpiov, dyaircJSfieii a^iwe, ej/eKa eiivola^ dwirep- /3Xtjtov Ttjs els -tov 'iStov ^acnXea Kai SiSdtTKaXov MV yevoiTO Kal »Jjaas Koivta- volis Te Kal cvp.p.adv\Td^ yevecrdat — which I English thus, " For Him, being the Son of God, we worship: but the martyrs, as disciples and imitators of the Lord, we worthily love, for then: invin cible aflfection to their own King and Master ; of whom grant we may be both partakers and disciples."] [Vid. Patres Apostol. ed. Coteler. Tom. II. p. 200.] « [Concil. CloveshoviaesubCuthberto, A.D. 747, c. 17 ; apud Spelman. Tom. I. pp. 249, 260.] ' [Leg. Edgar, c. 6 ; apud Jorvalen- sem, col. 871, 1. 56 : et Leg. Canut. c. 17; ibid. col. 920, 1. 50.] 8 [Bellarmin. de Scriptor. Eccl. in Sancto Ambros.] [p. 123, ed. Lugduni, 1663.] 8 [Contra Faustum Manich. Lib. xx. c. 21.] [Opp. Tom. VI. p. 260, D.] 1" [In Bedam, p. 284 : Vid. ibid. p. 314, p. 447.] 11 [" Nee novae adinventionis pondus debere superponi, nee nos esse antiquis 216 THE FARTHER PROCEEDING OF [CHAP. by the rule of their order ; that they ought not to be burdened with new inventions ; that they were not more fuU of sanctity than their fathers, who esteemed those things superstitious and vain, appointed them the bounds of singing" and rules of hfe. In short, the opposer seemed to fight against the queen, and pre vailed so far as by his crafty endeavours he drew the brethren not to offer those accustomed praises to the blessed virgin. So that indeed this oiiinion and practice made no great progress, tUl, 1095, 'Urban IL, holding a councU at Clermont in Au vergne, did authorise the use : after which it grew more common, and very many, having the countenance of the pope and so great a councU, seemed to extend their wits how they could most magnify her in epithets, praises, and expressions. So as Anselm, who then lived, esteemed one of the most knowing persons of the age, composed about that time a ^book ' Of the excellency of the blessed Virgin,' styling her in it not only ^'lady of the world,' "queen of heaven, and earth, and of all creatures,' but shews the *saints in heaven, at her coming, did as it were put on their new clothes, because Christ himself would meet her, &c. ; and in another place, asking the question, why our Saviour, going to glory, would leave his mother to the miseries of this life — he gives what he took for the reason, viz. ^lest perhaps the court of heaven might doubt whom they should go to meet, their Lord or their lady.] patribus sanctiores, qui videlicet haec superstitiosa et supervacua judicantes, psallendi nobis metam, omnemque Vi vendi regulam praefixerunt. Quid plura ? Contra reginam proeliari visus est, et con- fecit. Ad hoc nimirum fratres versuta machinatione pellexit ut solitas beatae Mariae laudes ulterius non ofFerrent." Pet. Damianus, apud Baronium, Tom. XL ad an. 1066, v.] 1 [Baron. Tom. XI. ad an. 1095, li.] ^ [De Excellentia gloriosae V. Mariae, Opp. Tom. III. pp. 214, etc. ed. Colon. 1612.] ' [c. vi. ' domina mundi,' ' regina coeli et terrae omnisque creaturae.'] * ["Certe crediderim omnes illius beatae patriae cives, festiviori solito ac sublimiori nitore decoris, ad adventum matris Domini sui praeparari, ac nova quadam et ineffabili jocunditatis gratia pro fantas rei expectatione conjubilare. Et quid mirum ? Ipse Jesus, Deus et Dominus omnium, Filius ejus benedic tus, hujus castissimae virginis et domina; rerum, ipse ei sicut sua unica: matri totus festivus occurrere volebat." Ibid. c. viii.] * [" Sed, O bone Jesu, istius tuas dulcissimae matris Fill, quomodo potuisti pati, ut te in regnum tuas glorise reme- ante, illam quasi orbatam in miseriis mundi relinqueres, et non earn statim tecum regnaturam assumeres ? Fortassis, Domine, ne tusB coelesti curias veniret in dubium, cui potius occurreret, tibi, vide licet Domino suo, cum post regnum tuum in assumpta carne petenti, an ipsi dominae suae ipsum regnum jam suum materno jure effectum ascendenti." c. vii.] IX.] QUEEN ELIZABETH IN THE REFORMATION. 217 [Following the example of so great a doctor, and archbishop of Canterbury, — amongst the English of venerable esteem — the blessed virgin began to be highly honoured, so as mothers in educating their children began to "join, with the fear of God, the devout caUing on the blessed virgin, and the 'patronage of saints to be more highly valued than any thing of that age. It is not to be doubted but some misliked this eOeXoOptjcTKeia (as the apostle seems to call it, Colos. ii. 23) : it is reported of *WUham IL, 'that he did beheve and pubhcly aver, that no saint could profit any man with God, and therefore that he would not, nor any wise man ought to call upon St Peter, or any other saint for help.' It is altogether improbable so great a prince, never held an atheist in the world, would without the advice of learned men so absolutely have opposed a catholic tenet, in praying to them more than he did to the Trinity, had the one been taken generally as orthodoxal as the other, or the historian not have censured it for heretical, but only mentis elatio, ' height of mind,' had the church then concluded it an article of faith.] [You will ask me then, if the ancient fathers and elder writers made no mention of saints departed. Doubtless they did, by way of apostrophe, call upon heaven and earth to witness and the souls of those departed, yet ^questioning whe ther they did hear ; and stiU, directing their petitions to God, did shew from him alone they did expect rehef Which cer tainly did long continue in this church, nor can I say I have found any thing expressly to the contrary, till after the Norman conquest. In the ' Textus Roffensis,' coUected by Ernulphus, bishop of Rochester, about mcxx. after the laws of king Ethelbert and other Saxon kings, there is set down the trial by water or fire caUed ' Ordalium ;'' and the mass said at it is there verbatim '"recorded, with the title ' Incipit exordsmus aquce ad * ["A matresuadidicit timorem Dei, et beatam virginera in omni negotio de- votius invocare." Gervas. Dorobern. col. 1668, 1. 56.] ' [" Illis quippe diebus hie mos An glias erat, patrocinia sanctorum, omnibus saeculi rebus, anteferre." Eadmer. p. 51, 1. 26.] 8 [" ... crederet et publica voce asse- reret, nullum sanctorum cuiquam apud Deum posse prodesse, et ideo nee se velle, nee aliquem sapientem debere bea tum Petium, seu quemlibet alium, quo sejuvaret, interpellare." Ibid. p. 48, 1. 1, etc.] ^ [El Tis aJo-Oijo-is. Gregor. Nazian. Orat. iii. Opp. Tom. L p. 60, a.] 1" [Which mass, with all the appur tenances to it, is now printed in the Se cond Part of Sir Henry Spelman's ' Glos- 218 THE FARTHER PROCEEDING OF [CHAP. judicium,' etc. After which there is no other mention of the saints found than this : ' Immittet angelum Dominus in circuitu timentium eum, et eripiet eos ; gustate et videte quoniam suavis est Dominus. 'Hie off erant.' Inter cesdo sanctorum tuorum misericordice tuce, Domine, munera nostra conciliet ; et quam merita nostra non valent, eorum deprecatio indulgentiam valeat obtinere. Per Dominum.J [The like may be seen in ^Mr Wheloc's ' Notes on Beda' — a book I shall recommend to him is desirous to know the ancient faith of the Saxon church. And whilst they did address their petitions thus only to God, craving nothing for their own or other saints' merits, I do not see but it might be without diminution to Christ, our ^one God and Mediator. Nei ther, as that learned author observes, do I see any absurdity in holding the heavenly host do there intercede for us on earth, or to pray to God that he, who hath in a wonderful order constituted angels and men to do him service, would for their intercession assist us. And if any doctor went farther, I con ceive it more than the catholic tenet, or practice of this church during the Saxons' government, did lead them to ; and therefore to be looked on as a private opinion in him ; and that this was, in their times, no article of faith, cannot be doubted, in that neither the catholic church in general, nor any member thereof, Greek or Latin, had given rules for knowing, who was to be so reputed : i. e. there was no declaration who was to be taken for such, but every private fancy of the parochial priest, bishop, or city, was enough to cry one up for a saint. Of which, as not impertinent to that I treat, I shah add a word.] [Cardinal Bellarmine *says, the first pope he had read of, did canonize any holy man, was Leo IIL St Swibert. The . same seems to be the opinion of ^Angelus Rocca. But I confess I do not yet see how to credit that narration ; for it is said to have been performed by him in Germany, 803, Charles the Great being present. But no author of those times remembers Charles and Leo to have met that year. Baronius, therefore. sary ;' verb. ' Ordalium.'] [It may also be seen in Hearne's edition of the ' Textus Roffensis.'] 1 [Text. RofFens. p. 23.] " [In Bedam, p. 314, p. 447, p. 460.] ^ [1 Tim. ii. 5.] 1 [De Sanctorum Beatitudine, Lib. i. u. 8, § ' Dices,'] [in Disputat. Tom. IL p. 427, c] '' [Ad calcem Libri de Canonizatione Sanctorum, etc. p. 128, Rom 16I0.J IX.] QUEEN ELIZABETH IN THE REFORMATION. 219 win have it been 804 ; but that meets with no less difficulties. For aU "writers agree, Charles did not hear of Leo's intent to visit him tiU the midst of November, that he came, celebrated Christmas-day with him, staid only eight days and returned to Rome — circumstances, cannot agree with a canonization on the fourth of September. Baronius, therefore, that saw these in congruities and wisely bids his reader consider, wiU refer it to his first coming into Germany, which was 799. The first canonization I have met with, by the pope, in an approved author (not frivolous legends), is of 'Gerardus, bishop of Toul in Lorrain, canonized, 1052, by Leo IX.] [The first Enghsh bishops, intromitted themselves ui this canonizing saints, were Lanfranc and Anselm, on this occasion. After 1066, England and Normandy being both under one governor, the inhabitants, according to the abode of the prince, or otherwise on private occasions, were forced to have frequent recourse each to other. About 1080, ^Anselm came unto Eng land to visit his old master Lanfranc, and for other ecclesiastical matters, when amongst other things, Lanfranc told him the English did institute to themselves certain saints, and amongst other one Elphegus, an archbishop, whom the Danes destroyed, because he would not free himself by exposing his dependents to spoil. To whom Anselm by probable reason shewed, Elphe gus dying for justice was a true martyr : upon which Lanfranc did appoint his memory to be solemnly celebrated, but for Bregwinus, the twelfth, Adelardus, the fourteenth, iElfricus, the twenty-sixth, and other archbishops, there being not found authentic records, the solemnities ended. We may see by this. " [Annales Francorum, a Pithaeo, Tom. I. p. 17, Tom. II. pp. 57, 68 ; ed. Paris. 1688: Reginon. Chronicon, a.d. 804, [inter Scriptor. de Rebus Germanicis, Tom. I. p. 35]: Sigebert. a.d. 804, [ibid. Tom. I. p. 558] : Baron. Tom. IX. ad an. 799, vi.; ad an. 804, viii. " Tu considera."] ¦^ [Sigebert. Gemblacensis, ubi supra, A.D. 1052.] X [" Cum venisset in Angliam (An- selmus), ut sibi commissas visitaret eccle sias et magistrum suum jam archiepisco pum videret Lanfrancum, inter alia dilec tionis eloquia dixit Iianfrancus, quod Angli quosdam sibi instituissent sanctos, niter quos et quendam Elphegum archie piscopum quidem, quem Dani occiderunt, eo quod pro redemptione sua homines suos nollet spoliare. Cui cum probabili ratione monstrasset Anselmus, Elphegum pro justitia passum verum Dei martyrem esse, instituit Lanfrancus ipsius memo riam solemniter celebrari. De Bregewino vero, Adelardo, Alfrico, et aliis archi episcopis, quia scripta authentica reperta non sunt, solemnitates esse desierunt." Gervas. Dorobern. de Pontif. Cant. col. 1657, 1. 41, etc. Capgrav. etiam in Vit. fol. xvii. a, col. 2] 220 THE FARTHER PROCEEDING OF [CHAP. how easy it was in those days to make a saint, to remove him out of the number again; for of four archbishops, whose festivals had been kept, three were struck out of the calendar (as we say) at one breath, and one only continued; and this without ever seeking to Rome. Not that in those days they did not go thither, even in slight matters, as to men for advice, not having authority over them. How could it then be hitherto an article of faith, the praying to them ?] [But sundry Uls were ' espied to hang on this manner of esteeming men saints. And certainly it were more avail to the papacy, to have neither tenet nor saint in the church than such canonization as did not depend wholly on the court of Rome. Alexander IIL, therefore, after 1160 'estabhshed it should not be lawful to honour any as a saint, without the authority of the pope of Rome. Boston of Bury, in his preface before the ' Catalogue' of books found in the several monasteries of Eng land, attributes from Hostiensis this confining the canonization of saints to Rome, to have begun at the councU of Tours, 1163 ; yet I have not found any thing of that nature in the canons of the synod in Neubrigensis ; and, if in Hostiensis, in some piece I have not yet met with — for I find it not in his ' Summa.' But because Boston himself is ^iiot yet printed, take the effect of what he says, and his own words in the margin : ^ ' That though a man beheve one a saint and may pray to him privately, yet he is not to make him solemn prayers pubhcly, 1 [See Bellarmine, de Beatitudine, Lib. I. c. 8; and the epistle of Alex ander IIL, on the canonization of St Bernard, in Labbe, Concil. Tom. X. 1376.] ^ [A portion of his ' Catalogue,' con taining the passages here referred to, is printed in Tanner's ' Bibliotheca,' ed. Wilkins.] ^ [" Similiter quo ad sanctos non ca- nonizatos dicit Hostiensis, in ' Lectura' sua super c. ' Audivimus,' ' Extra.' De religione et veneratione sanctorum quod licitum esset cuilibet in secreto preces porrigere alicui defuncto, quem sanctum credit, ut pro ipso ad Deum intercedat ; non tamen licet pro tali officium solemne facere, vel preces solemnes publice emit. tere, donee canonizatus fuerit. Et idem dicit Innocentius. Et hoc de novo sta tutum est in Concilio Turonensi, cele brato per dominum papam Alexandrum IIL, A.D. MCLXiii. Ante vero solebant metropolitani et diocesani cum populo sanctos, miraculis coruscantes, in publico venerari, et in scriniis honorifice coUo- care ; libros etiam gentiles et apocryphos ante decretum Gelasii papae indifferenter legere licuit et habere. Hinc cavendum est cuilibet lectori cum repererit aliquem sanctum nominatum post tempora papae Alexandri IIL, ne publice talem ut sanctum veneretur, quousque fuerit ab ecclesia Romana canonizatus."] [Ubi supra, Praefat. p. xxiii.] IX.] QUEEN ELIZABETH IN THE REFORMATION. 221 till he is canonized, accordhig to Hostiensis and Innocentius — an opinion, lately established in a councU held at Tours, 1163, by Alexander IIL : before which, the metropolitan and diocesan, with the people agreeing of one famous for miracles, did cause him to be honoured for a saint ; as they did read and retain, before Gelasius, the books of heathen and other apocryphal writings : that from him men are to take heed not to honour any for a saint, he shall find so named, after the time of Alex ander IIL, tiU he shaU be canonized by the church of Rome.' Which in time became a matter of infinite advantage to the papacy, as well in opinion as profit ; by that means giving it a power of blasting the repute of any did not wholly concur with the designs of Rome. Of which the said author gives an apt example in Robert Grosseteste, the excellently learned bishop of Lincoln, a man fuU of miracles after his death, yet could never be reputed a saint, opposing Innocentius IV. But take the words as they lie in him, being not otherwise printed : ^Robertus Lincoln, episcopus, qui et Grosseteste dicitur, flo ruit A.c. MCCLiii. et scripsit multa. Hie fuit doctor in theologia . . .et in cunctis liberalibus artibus excellenter erat eruditus. Ad papam Innocentium, misit epistolam invectivam, satis tonantem, pro eo quod ecclesias Anglice exactionibus indebitis vexare videretur. Hac de causa vocatus est ad curiam ; et cum ibi molestaretur appellavit constanter a curia papae Innocentii ad tribunal Christi : unde contigit, quod eodem Roberto in Anglia obeunte, audita est vox in curia papce, ' Veni, miser, ad judicium,' et papa in crastino inventus est exanimis, quasi cuspide baculi in latere percussus. His de causis, licet perspicuus effulserit Robertus miracula trans- ferri, tamen nee in sanctorum catalogo poni non est a curia permissus. If the letter, here spoken of, be that in ^Matthew Paris, 1253, it must be writ before 1250, when the bishop made his last journey to Rome. But I confess I do not take that to be what this author here intends, but another tract or sermon made before the pope, ' De incommodis curiae Romance;' which I have not yet seen, but it is mentioned by Dr James in his ^'Ecloga,' printed at London, 1600. As for the miracles 1 [Boston Buriensis, Catal. Librorum Angl. in ' Roberto,'] [ubi supra, Prafat. p. xxxvii.j = [Mat. Paris, Hist. Major, p. 870, 1. 56, etc.] 5 [Ecloga Oxonio - Cantabrigiensis, Parti, p. 143. J 222 THE FARTHER PROCEEDING OF [CHAP. here touched, you may see them in the same 'author, as well in his greater printed chronicle, as his lesser yet in MS.J [Raynaldus, a modern writer, in his ^ ' Continuation of Ba ronius,' remembers the inquisitors of Ferrara, under Boniface VIIL, took out of the grave there and burnt as a heretic, 1301, the bones of one, who had been reputed a saint more than thirty years ; in which space there had hved seven popes and several bishops of Ferrara, who at least tolerated the opinion of his sanctity.] [Of the profit accruing to the court of Rome by such canonizations, what for fees — which the pope had power to increase at his will — and other expenses, I shall say no more, but they are so great, they have kept that innocent prince, king Henry VL, from having a place in the Roman calendar, though solicited by two kings ; but there were so great rewards and so many to have them for a sovereign prince, even to the pope's grooms and smiths, as Henry VII. and Henry VIII. would not venture on it. But of this you may see Morton's Register, the effect of which is now Sprinted in sir Henry Spelman's ' Councils.'] [The reasons why it is fit the pope, and he only, should be now the canonizer of saints, *Angelus Rocca, ^Antoninus of Florence, and others have writ. I shah enumerate none, but content myself with those coUected by Chassanseus: "'That the pope represents God upon earth, and is in his stead;' 'that the pope is Christ's vicar, not only as Christ was a prelate of the church, but as he was Lord of the whole world ; and that he can justly dispose of the state and goods of men ; ' ' that the pope hath in aU parts the fulness of power, as a king in his 1 [Mat. Paris, a.d. 1263, p. 877, 1. 10, etc. ; p. 880, 1. 33, etc.] 2 [Annal. Eccl. Tom. XIV. A. D. 1301, § 25.] " [Tom. II. pp. 720, et seqq. Cf. also Herbert's Hist, of Henry VIII. p. 252.] * [De Sanctorum Canonizatione.] ' [Summa, Part. iii. Tit. xxii. cap. v. §5-1 ° [Catalog. Gloria mundi. Part. iii. Consider, xlvii. ; " Quod papa repre- sentat Deum in terris, et tenet ejus vices." "Quod papa est vicarius Christi, non solum in quantum Christus fuit ecclesiae prslatus, sed in quantum fuit totius mundi Dominus ; et quod juste de statu et bonis hominum potest ordinare." " Quod papa habet plenitudinem potes. tates in universo, sicut rex in regno." "Quod Deus et papa faciuut unum et idem tribunal." " Quod papa est supre- mus Dei vicarius, et qui contrarium dicit mentitur." " Ex quo cum sit vica rius supremus Dei et sit in locum ejus in hoc mundo subrogatus, tanquam sapiat naturam ejus qui canonizat sanctos in ecclesia triumphante, sic canonizabit in ecclesia militante ; et ista est communis sententia."] IX.] QUEEN ELIZABETH IN THE REFORMATION. 223 kingdom ; ' ' that God and the pope make one and the same tribunal;' 'that the pope is the supreme vicar of God, and he that says the contrary, lies' — from whence he concludes, ' that being the supreme vicar of God, and in this world subrogated as his vicegerent, as knowing his nature, who canonizeth saints in the church triumphant, he shaU canonize them in the church mihtant ; and this is the common opinion.' In which, yet, I do not beheve he wUl have his own countrymen, generally, in all these concur with him.] [The first Enghshman thus canonized by the pope was, as is said, king Edward the Confessor, who being a great bene factor to Westminster, ^ Laurentius, the tenth abbot — at least in the series of the abbots of that house, I have seen — employed, about 1162, one Osbert de Clara, prior of it, with some monks, to Alexander III. ; where on the inspection of the book of his miracles and other probable testimonies, the pope gave him letters testimonial of his sanctity, which may be seen in Baronius — though I confess I differ with him in the year and the date somewhat : for it seems to me the letters could not be expedited from Rome till about August, 1163, however their date carries the seventh of February. For, upon the messenger's return, Laurentius, the abbot, desiring to set a period to the business, had recourse presently to Henry IL about the translation of his , body ; who appointed the third day after, being Sunday the thirteenth of October, 1163 — at which the solemnity passed. 7 [" Hujus tempore (sc. Laurentii abbatis x") translatus est sanctus Ed wardus, et divina inspirante gratia, regis favore simulque consilio, ad sedem apo stolicam Osbertum de Clara, priorem, aliosque de suis fratribus destinavit : ubi tandem, libro miraculorum inspect© adhibitisque probabilibus regis testimo- niis, procedens dominus papa in publi cum de beati regis glorificatione dignam promulgavit sententiam ; decernens eum in sanctorum confessorum catalogum ad. scribendum, et, ut deinceps observaretur, apostolica scripta mandavit, sub hac forma: 'Alexander,' etc. (ut in Baron. Tom. XII. ad an. 1161, i.) dat. Anagniffi, 7 Idus Febr. Cupiens autem abbas sus ceptum negotium ad effectum perducere, cum rege secretum de dicti regis transla tione tractatum habuit; postulans, ut bono principio debita; consummationis manum adhiberet. Annuit rex justa poscenti, diemque tertium, juxta quod opportunum videbatur, indixit. Veniente itaque die, quem rex praefixerat, venit rex in ecclesiam cum magno procerum et virorum illustrium comitatu, assisten- tibusque sancto Thoma archiepiscopo Cant, episcopisque quam plurimis, ab batibus quoque et aliis personis venera bilibus ; omnibusque rite peractis, posita est in candelabrum praeclara lucema, sicque illud vas virgineum castitatis in feretro pretioso honorifice coUocatum est. Celebrata est autem haec translatio, A. D. MCLXIII., depositionis suae anno Lxxvii., tertio idus Octobris, die Do minica, regnante piissimo et glorioso rege Henrico 11°, anno regni sui nono." Johannes Flete, Vitae Abbat. West monast. MS.] [in C.C.C. Camb. N". cclxxx vii. fol. 34, b; fol. 36.] 224 THE FARTHER PROCEEDING OF [CHAP. the king, great store of the nobility and clergy being present. The same 'author remembers Gervasius, the immediate pre- ceder of Laurentius in that house, sent the same Osbertus to Rome, in the same errand to Innocentius IL ; of whom he could not obtain the favour, which after he easily did. But take the words in him as they he : Hie (sc. Gervasius de Blois) propria devotione misit Osbertum de Clara egregie literatum, priorem ejusdem loci, ad curiam Romanam pro canonisations sancti regis Edwardi ; sed ab Innocentio ^tertio hoc non obti nuit; verum postea idem Osbertus, alio sub pastore missus, papam Alexandrum in ilia materia promptisdmum invenit.J [Yet notwithstanding this so punctual relation of an author, that lived in Henry the sixth's time, and the buU of Alexander III., printed, I dare not bid the reader be confident this apotheosis was now made by any authority from Rome, or other than the English church. For it is no way probable, it being the most signal act of 1163, and the first saint with us so canonized, Ger vasius Dorobernensis, Diceto, Neubrigensis, Hoveden (who then lived), Matthew Paris (a monk of that house), would have omitted the circumstance so fuU of honour to the king. Ailredus, Ethel- redus, or Ealredus — who, at the persuasion of Laurentius and by his assistance, wrote the life (now truly printed) of that prince — seems to ^attribute it to Henry II. and the church (as I take it) of England. And likewise * Matthew Paris, a.d. 1163 and 1269 — when Henry III. caused his body to be placed in a golden chest or coffin — doth not at all mention the pope to have had any part in the doing of it. Seeing these differences, I confess I did sometimes suppose the bull to have been of Alexander IV. : but that could not agree with Osbert de Clara, whom ^Boston of Bury (and from him, Balseus and Pitseus) wiU 1 [Ibid. fol. 33. See the ' Scriptores Monastici,' pp. 118 et seqq. ed. Anstru- ther, Bruxel. 1846, where are printed the letters of king Stephen, Henry de Blois, bishop of Winchester, and others, recom mending Osbert de Clare to pope Inno cent, on the occasion here referred to; and also the letter of Innocent to the abbot of Westminster, on declining to canonize king Edward.] ^ [Sic MS. legendum: tamen (si vera riarratio) ' Innocentio secundo,' qui obiit 24 Sept. 1143. Innocentius III. non erat papa ante an. 1198.] " [" ... quem tuis temporibus, te re giam auctoritatem praebente, sancta mater ecclesia sublimius extoUendum judicavit in terris." Vit. S. Edwardi, apud Scrip tores X. col. 369, 1. 65, etc.] * [" Eodem anno translatum est cor pus sancti regis et confessoris Edwardi apud Westmonasterium, a beato Thoma Cantuariensi archiepiscopo ; praesente rege Henrico, qui haec procutaverat." Mat. Paris, a.d. 1163, p. 99, 1. 33, etc.; p. 1006, 1. 39.] = [Vid. Tanner, Bibliothec. Ptafat. xxxvi.] Ia.j QUEEN ELIZABETH IN THE REFORMATION. 225 to have flourished 1136. Nor is it very credible one, who dealt with Innocentius II. and failed in the pursuit, should obtain it, 1163, many years after. "Matthew Paris, in his ' Chronicle' — which some call his 'Historia Minor' — after the prologue, A.D. 1067, shewing the misery the Enghsh nobihty lay under after the irruption of the Normans, that Edgar Atheling, de regno Anglice hceres legitimus, with his mother and two sisters — not daring to abide by it, intending Hungary, his place of birth — were by distress of weather carried into Scotland, where Margaret, one of his sisters, married Malcolm IIL, and Christina became a nun — adds : Ex tunc regum Anglice nobilitas a propriis per Normannos expulsa finibus, ad reges Scotorum est infelid sidere devoluta, et aureis sceculis successerunt luteis deteriora. Nee usque ad tempora hcec scribentis (mccl.) est inventus rex Anglice titulo sanctitatis insignitus. Yet that very author, in the same volume now printed — recording Henry the third's coming to St Alban's, 1257, directing his pen — 'recounts not less than eleven kings to have been canonisati. Whether the difference between these two places be, that to 1250 the pope, according to the custom then lately introduced, had canonized no Enghsh prince, or that from the conquest none had been canonized, the reader may inquire.]. . . . [Thus the opinion of praying to saints got entrance, but had not the full growth for an article of faith, till after 1335 : for divers of the ancients, remembered by ^ Franciscus Pegna and 'Thomas Stapleton, were of opinion, that souls departed had not the sight of the blessed Trinity before the resurrection — which it is certain pope John XXII. did so much countenance, as he '"promoted the maintainers of it. On which this article hath such dependence, as Philip de Valois — no doubt agreeing with the opinion of divines — is noted to have said * laically, but as a « [Hist. Minor, ad an. 1067.] '' [Hist. Major, a.d. 1267, p. 946, 11. 9, 12, 16.] ^ [Director. Inquisit. Part. ii. Com ment, xxi. p. 136, col. 1, E ; Rom. 1685.] ' [Thom. Stapleton.] [The passage, to which reference is probably made, occturs in the "Antidota Apostolica,' in 1 Cor. cap. xiii. : Opp. Tom. III. p. 888 ; ed. Paris. 1620.] [twysden.J 1" [Giovanni Villani, Lib. x. c. ccxxx. [p. 670, in Fiorenza, 1587]: "Di- cendo laicamente, come fedel Christiano, che in vano si pregherebbono i santi, 6 harebbesi speranza di salute per li loro meriti, se nostra donna santa Maria, e santo Giovanni, e santo Piero, c santo Paolo, e li altri santi, non potessono vedere la Deitade infino al di del giudi. cio, e havere perfetta beatitudine in vita eterna."] 15 226 THE FARTHER PROCEEDING OF [CHAP. faithful Christian, that in vain there should be prayers to saints, for help by their merits, if our blessed lady, St John, St Peter, St Paul and others could not see the Deity, before the day of judgment.' And notwithstanding the determinations ' of Benedict XII., this tenet of praying to them was not so constantly re ceived, but 2 Gabriel Biel, who wrote not long after the council of Florence — the first synod determined the point — ^found in his time as weU Christians as heretics deceived, in thinking saints nobis auxiliari nee meritis possunt nee predbus; which he labours to confute. But the former resolutions so prevaUed as now it must not be questioned among them ; yet nothing hitherto ^concluded by them of the manner how they know the thoughts of men, pray unto them.J [The sum is, from celebrating the memorials and making honourable mention of godly men departed, some began to speak as if those in heaven interceded for the living upon earth : after wards, from supposed visions, dreams, and feigned revelations, to fancy any extraordinary help to have been received by their assistance, and so brought directly to crave their patronage; yet entering nothing of that nature into the creeds, catechisms, homihes, psalters, for the set service of the church — so far as I can discover — which clearly shews the opinion not to have been esteemed of that moment, it is since conceived. Afterwards, popes began to canonize men departed, and in time to prohibit the holding any a saint not canonized by them — so making themselves lords and masters both of the tenet and practice — and insert into mass-books, breviaries, catechisms, prayer-books, &c., petitions to saints — yet not at all expressing how they did know what they were petitioned for — ^in which though there were sundry devout prayers to God, not without mention of them by this church justly retained; yet there were others, so to the diminution of the honour of Christ, our one God and one Mediator, as were justly offensive to pious ears. As to the blessed virgin : * Succurre miseris, juva pudllanimis, refove flebiles, ora pro populo, interveni pro clero, intercede pro devoto foemineo sexu : sentiant omnes tuum levamen, quicunque ' [A.D. 1335 & 1336.] [For this deci- sion of Benedict XII. see Labbe, Tom. XL Part. ii. 1793.] ' [Super Canone Missas^ Lect. xxx. D.] [fol. 56, b ; ed. Lugduni, 1542.] ^ [Bellarmin. de Sanctorum Beatitu. dine, Lib. i. c. 20, § ' de modo autem,'] [in Disputat. Tom. II. p. 437, A.] " [Breviar. Roman, fol. 312, b; ed. Paris. 1542.] IX.] QUEEN ELIZABETH IN THE REFORMATION. 227 celebrant tuam festivitatem, SfC. ^ Maria, mater gratice, mater misericordice, tu nos ab hoste pyrotege, et hora mortis suscipe : and a little after. Solve vincla reis, profer lumen coeds, mala nostra pelU, bona cuncta posce, monstra te esse matrem. To St Nicholas: ^Deus, qui beatum Nicholaum, ^c tribue, qucesumus, ut ejus meritis et predbus a gehennce incendiis libe- remur, per Dominum. To Thomas Becket : ''Deus, pro cujus eccleda, ^c prcesta, qucesumus, ut omnes, qui ejus im- plorant auxilium, petitionis suce salutarem consequantur effec tum, per Dominum — which last is so gross, as some that had the book I use, formerly interhned with a pen exemplo tuum; reading it thus, qui ejus ' exemplo tuum ' implorant auxilium, SfC. In which, yet, we find no alteration either in the ^mass, or ^breviary, reformed by Pius V. since the councU of Trent ; and these to one of so ambiguous a life and death, so highly opposing his lawful prince, as if I were of the Roman faith, I could not say I durst venture my soul with his.] [The church of England, therefore, considering this article to have neither precept for it, practice of it, nor promise annexed to it, in scripture ; that there was no appearance of it in the ancient creeds of the cathohc church, or where the holy fathers do expressly deliver what they held de fide ; had its birth from some expressions by way of apostrophe in funeral orations, rhetorical exclamations, or what is else, supposed writings of some fathers ; having for the ground or basis, on which the now exercise is buUt, no other than a late invention of the papacy — in appropriating to itself the canonizing saints, and prohibiting the worship to others not so canonized — and a later deter mination, that the souls of holy men departed had the fruition of the beatifical vision — ^following the doctrine of St Augustine and the practice of the primitive church], '"condemns aU rehgious 188 , invocation of them, as those were non adorandi propter re ligionem; yet in respect they were honorandi premier imitOr- tionem, to retain their commemoration, by appointing a set service for the days on which it celebrated their memorials; thereby to provoke us to imitation of their piety, and to thank God that left such hghts, who by their doctrine instructed us, 5 [Ibid. fol. 339, a, col. 1 ; b, col. 1.] « [Ibid. vi» die Decemb. fol. 329, b, col. 1.] 7 [In fest. S. Thom*.] » [Apud Juntas, 1686, Venet. p. II, b.] 0 [Paris, 1570 ; fol. 83, a.] 1" De '•vera religione, t. 66, [Opp. Tom. I. p. 617, A.] 15—2 228 THE FARTHER PROCEEDING OF [CHAP. and whose lives were examples for us to foUow : and in respect there are sundry saints for whom there is no proper office, to retain one day to praise God for the generality of aU, and beg of him that we may foUow their pattern in all virtuous and godly hving. This if any mishke, I intreat him to pardon me if I join not with him ; and if he wUl add more, to give me leave to think he attributes to them (by what name soever he style it) that is only due to the divine Majesty. 22. For purgatory, however it might be held a private opinion, yet certainly as an article of faith it could not be ; for the Greeks, who have ever 'constantly denied it, were in com munion with the church of Rome tUl ^1238, after which only they began to be accounted schismatics, not so much for their opinions, as denying subjection to the see of Rome; for some of them coming to Rome, 1254, ^de articulis Jidei et sacramentis fidei satis tolerabiliter respondenunt — so that questionless the historian could not then hold purgatory an article of faith, when those, who did affirm Nullum purgatorium est, did give a tole rable account of their faith. Our divines therefore charge these 189 opinions *only as 'fond things vainly invented, and grounded upon no warranty of scripture, but rather repugnant to the word of God ; ' that is, as I have said before, they deny them to be articles of faith. 23. In like manner, having first * declared the bread we break, in the holy communion, to be a partaking of the body of Christ, and the cup of blessing of his blood, they censure tran substantiation, or the change of the substance of bread and wine, as ^what is not proved by holy writ, and therefore no article of faith, &c. And indeed how could they say less of so doubtful a tenet, so newly crept in, that had burned so many, was so contrary to the ancient doctrine even of the English church, as the Saxon homUy yet remaining in an old MS., with this title, '" A book of cathohc Sermons to be repeated each year,' doth ¦ Errores Graecorum in ' Fasciculo Zizaniorum' MS. fol. 156, b, col. 1 ; m Bibliotheca Archiepiscopi Armachani. ^ Mat. Paris, Hist. Minor, ad an. 1237, 1238. Vid. Hist. Major, a.d. 1237, p. 457, 1. 25 ; p. 465, 1. 22. " Ibid. p. 892, 1. 28. 1 Art. xxii. " Art. xxviii. " Vid. Bellarinin. de Sacrament. Eucharist. Lib. in. c. 23 : [in Disputat. Tom. III. p. 160, B.J '' Liber catholicorum Sermonum per annum recitaudus, p. 356. [The paschal Homily may be seen in ' Divers Ancient Monuments in the Saxon tongue,' edited by William L'isle of Wilburgham, Lond. 1638 ; in Wheloc's Bede, p. 462 ; in Soames's Bampton Lectures, pp. 428, et seqq.] IX.] QUEEN ELIZABETH IN THE REFORMATION. 229 undoubtedly assure us? It is true, some of late have strove to give an answer to it ; as he that styled himself » bishop of Chalcedon, will have the author perhaps to have been an heretic ; but that the time and title confutes, all "writers agreeing England to have been free from any heresy after St Gregory, tiU about the year 1166. If that therefore wiU not do, he hath another, viz. the sermon to make more for transubstantiation than what the protestants cite doth against it ; yet is sUent both where the words are in it, and who are the citers of them. For my part, to speak once for all, take the whole homUy as it lies, not one piece torn from the other, and if the doctrine of it be such as he can digest, I know not why we differ. As for those two miracles, which some dislike so far as to think them infarced into the work, I confess them not to displease me at all ; for if they were inserted to prove the verity of Christ's body in the sacrament, against those who held it bare bread, yet it must be after such a ghostly and spiritual manner as is there represented, without any other change in the substance of the bread and wine 'than is in the '"water of baptism;' 'not bodily, but ghostly ;' ' a remembrance of Christ's body offered for us on the cross.' [Which may in some sort be said profitable to the holy saints departed, as members of one "body with those yet remain upon earth, and whose joys may perhaps receive an increase at the last ; without drawing the conclusion either of purgatory, transubstantiation, or propitiatory sacrifice (in other sense than the protestant can admit), but as '^renewing the * Flores Hist. Eccl. Lib. i. is. 24, p. 91. ' " Ab hac et ab aliis pestibus hasre ticis immunis semper exstitit Anglia, cum in aliis mundi partibus tot pullula verint haereses. Ubi hanc insulam, ex pulsis Britonibus, natio possedit Anglo rum, ut non jam Britannia sed Anglia diceretur, nuUius unquam ex ea pestis haereticae virus ebuUivit ; sed nee in earn aliunde usque ad tempora regis Henrici secundi introivit." W. Neubrigensis, de rebus Anglicis, Lib. ii. c. 13. Vid. Pitseum, de illustribus Angliae scriptori bus, not. ad an. 1169, p. 220, [ed. Paris. 1619.] i» [In Wheloc's Bede, p. 470, ' Simi- liter quoque sancta ilia baptisterii,' etc. : p. 471, ' Non tamen corporaliter, sed spiritualiter,^ and in like manner, pp. 472,473: in p. 474, ' Hffic quidem eu charistia, quae nunc ad altare Dei conse- cratur est commemoratio corporis Christi, quod pro nobis obtulit.'] 11 [" Nondum receperunt laetitiam suam ne apostoli quidem, sed et ipsi ex pectant, ut ego lajtitiffi eorum particeps iiam." Origen. in Levit. Hom. vii.] [Opp. Tom. II. p. 222, col. 1, D.] 12 [" Saepe ita loquimur, ut pascha propinquante dicamus, crastinam vel perendinam esse Domini passionem, cum ille ante tam multos annos passus sit, uec omnino nisi semel ilia passio facta sit. Nempe ipso die Dominico dicimus, Hodie Dominus resurrexit, cum. 190 230 THE FARTHER PROCEEDING OF [CHAP. memory of his death, who was a sacrifice avaUable not only for the hving, the dead, but those are yet unborn. And therefore the homily doth not simply say the mass to be profitable 'both for the hving and the dead, but with the qualification, ' as it hath been often declared,' viz. that in it is a renewing the memory and a representation of his passion. And that the catholic church did understand this and no other propitiation or sacrifice, to have been in the eucharist, is plain by ^ Peter Lom bard, who writ after this homily, and St Augustine long before : and our Lyndewode, who went not many years before the re formation, ^teacheth sacrifisium dc dictum, quia prece mystica consecratur pro nobis in memoriam Dominicce passionis ; et hoc pertinet ad corpus Christi.J 24. And this may serve for answer to that his AchiUes, by which his doctrine of transubstantiation ^manifestius patebit, of Odo archbishop of Canterbury, about 940, converting mira culously the eucharist in forniam carnis, ad convincendum quos dam, qui suo tempore coeperunt de ea dubitare. To which I shall first remember, that when ^St Augustine was pressed with certain miracles of Donatus and Pontius, which the Donatists urged to prove the truth of their doctrine, he gives this answer, Removeantur ista vel figmenta mendadum hominum, vel por- tenta falladum spirituum ; aut enim non sunt vera quce, dicurh- tur, aut d haereticorum aliqua mira facta sunt, magis cavere debemus; and after a learned discourse, he teUs of some in the catholic church had happened in the time of St Ambrose, at Milan, upon which he gives this grave censure, Qucecunque talia in catholica fiunt, ideo sunt approbanda, quia in catholica fiunt ; non ideo ipsa manifestatur catholica, quia haec in ea fiunt. Ipse Dominus Jesus cum resurrexisset a mortuis, et disdpulorum oculis videndum manibusque tangendum corpus suum offerret, ne quid tamen falladce se pati arbitrarentur. ex quo resurrexit, tot anni transierunt. Cur nemo tam ineptus est, ut nos ita loquentes arguat esse mentitos, nisi quia istos dies secundum illorum quibus haec gesta sunt similitudinem nuncupamus ?" S. Augustin. ep. xxiii.] [Opp. Tom. II. p. 68, c] 1 [Vid. Wheloc in Bed. p. 475.] 2 [Pet. Lombard. Sentent. Lib. iv. Distinct, xii. xiii. . S. Augustin. contra Faustum Manich. Lib. xx. c. 21 : de Fide ad Petrum, c. 19.] ^ [Lib. III. de Celebratione Missa- rum, cap. ' Sacerdotes ;' ad verb. ' sacri- ficium,'] [p. 229, not. t.] * [Rich. Smithj Flores Hist. Eccl.], p. 90 : Vid. W. Malmesbur. de Gestis Pontif. Lib. i. p. 201, 1. 49, etc. 1 De Unitate Eccl. c. xvi. [Opp. Tom. VIL p. 366, d; p. 367, b.] IX.] QUEEN ELIZABETH IN THE REFORMATION. 231 magis eos testimoniis legis et prophetarum et psalmorum con- firmandos esse judicavit, ostendens ea de se impleta, quce fue- rant tanto ante prcedicta. And a little after, Hoc in lege et prophetis et psalmis [esse scriptum ipse] testatus est, hoc ejus ore commendatum tenemus. Hcec sunt causae nostrce docu- menta, hcecfundamenta, hcec firmamenta. 25. To apply this to our case ; the church cathohc hath ever held a true fruition of the true body of Christ in the eucha rist, and not a sign, figure, or remembrance only, but as the French confession, ^que par la vertue secrette et incomprehen sible de son esprit, il nous nourrit et vivifis de la substance de son corps et de son sang — and therefore we can agree to these verses : Christ was the Word that spake it: He took the bread, and brake it: And as that Word did make it. So I believe, and take it. Here is then a catholic sermon, commanded to be read in the church many years before the word "transubstantiation" was heard, as the doctrine of it, teaching me this participation with Christ, however true, yet is not fleshly, but spiritual ; if there fore this miracle were not to convince those held the communi cating of Christ in the sacrament, to have been no other than fantastical, and the bread to have been, and conveyed no other to us than bare bread, must not I, according to St Augustine, avoid it as the fancies of lying men, or the operation of deceiving spirits ? And this as it may serve in general for all miracles, so in particular for that of late divulged, of a ^poor man's leg, cut off in Spain and buried, yet four years after restored : which if it be not some imposture, as the ^golden tooth in SUesia, or of ^Arnold TUly — taken in Francis the second's time not only by others, but by the very wife of Martin Guerre, for 191 ° Vid. Chamier, de Eucharistia, Lib. X. c. I, 2: [in Panstrat. Cathol. Tom. IV. p. 526, etc. ed. Genev. 1626. For the confession in French, see ' Collectio Confessionum in Eccl. Reform.' Lips. 1840.] ' [This was most probably the well- known story about the man of Saragossa, related in the ' Blemoirs of Cardinal de Retz,' and employed by Hume in his 1 essay on Miracles.] ^ [This is a tale respecting a boy in Silesia, who is said to have had a golden tooth. It is related by Horstius (Jacob.) in a treatise ' De aureo Dente maxiUari pueri Silesii,' Lips. 1596 ; and was sub sequently refuted by Dr Duncan Liddel.] ' [This imposture is narrated at length by De Thou, Histor. Lib. xxii. c. 12, etc.] 232 THE FARTHER PROCEEDING OF [CHAP. her husband, and which held the parliament of Toulouse so much perplexed to resolve — we must not (according to this holy man's doctrine) believe, for that or any of the hke nature, farther than is proved by the law and the prophets. Yet there is one thing in my opinion very considerable ; what the apostles did, were such, and in those places, no man could deny them : but those the church of Rome holds out for confirmation of her tenets, are either in corners, as Garnet's 'face in the ear,' with so dark proofs, as when they are looked into, res tola cum con- temptu dimissa est ; or else done in Italy, or Spain, where the Inquisition wiU suffer none but themselves [secretly] to examine the fact : whereas if they followed the apostles' example, they should be in England or Germany, that the protestants [as the Jews] might say, ' that indeed a notable miracle hath been done' 192 by our lady, 'is manifest to all, and we cannot deny it,' Acts iv. 16 ; [whereas, these will 'not admit any thing to be a miracle, till by making for them they think fit to approve it for such.] 26. ^Another will have that homUy, at least what he takes on him to confute, to contain no other than cathohc •doctrine ; and then faUs upon the archbishop of Armagh, whom he conceives to have iU translated it out of the Latin, in which language there is not now found any ancient copy of it ; ^in sisting, that though it were printed at London, 1623, it was not to be heard of when he writ — which was about 1631 — insi nuating as if more might be said, if he could see the author himself. For the first of these, it must be said to contain cathohc doctrine on the grounds * before; but if it be that the church of Rome admits for such, I am glad to understand so much from him. For the primate of Ireland's translating the Latin to the disadvantage of the Romish, I shall give no answer, but that his English are indeed some parts of that sermon, but the Latin pieces of Bertram so agreeing with them, as they were undoubtedly taken out of him — by which he gives a far elder testimony to that author than QEcolam- 1 [" Ante approbationem ecclesiae, non est evidens, aut certum certitudine fidei, de ullo miraculo quod sit verum miraculum. ' ' Bellarmin. de Notis Eccles. c. xiv.] [Disputat. Tom. II. p. 298, »•] ' J. R. his spectacles to Sir Hum- plu-ey Lynde, p. 136, § 4. [The author of this reply to the 'Via Tuta' was Robert Jenison, alias Frevel, a Jesuit. See Wood's 'Athenae Oxon.' Vol. I. p. 603, ed. 1721.] " p. 143, c. ix. § 10. ' §23. IX.] QUEEN ELIZABETH IN THE REFORMATION. 233 padius — who was, no question, a cathohc doctor ; but being so, why is he prohibited ^by the Roman Index? Why, if at aU permitted, must it be excogitato commento ? For the other, that it could not be had in London only eight years after it was printed, I can say nothing, but some men wiU not hear [of] that they mishke ; for that homUy, of which (if he say any thing) he speaks, first set out by John Day, with the subscription of fifteen bishops attesting the truth of the copy, after 1623 reprmted by Henry Seal, always in the book of 'Acts and Monuments,' &c. «in the lU"e of Henry VIIL, and of late by Mr Wheloc put into Latin, and taken, without any intei-vening transcription, from the original Saxon — that he might not vary in a tittle — was with his translation of it printed at Cambridge, 1644, ^amongst divers other excellent notes of that learned man upon Beda, that such as understand not the language, may in that point see the doctrine of our forefathers. 27. A third ^doctor, who cannot deny but it makes directly against transubstantiation, gives an answer I could not have expected, yet in my opinion more ingenuous : ' That it is unreasonable to produce the forceless authority of these Saxon homihes, which have no warrant of truth from any other but from ourselves ; ' and the margin, " These homilies were never heard of, but now of late among protestants only, framed and printed by themselves , . . without the warrant of any one indifferent witness." This is, I say, what I could not have looked for. Can any man imagine two archbishops, thirteen bishops, besides divers other personages of honour and credit, could have been induced to subscribe so palpable a he ? As it must be, if this and the other passages, by them there testified to be found in the ancient monuments of this church, were lately framed. But the old books that yet ''remain, writ above five hundred years since, do enough vindicate the protestants, in that wliich I dare say no one of them who allege it do in their hearts believe, not to have been extant in them, as the arch bishop first sent them to the press. * Index Librorum prohibitorum, [ad calc. Concil. Tridentin. auctoritate papae editus. See Bp. Cosin's Histor. Tran- substan. p. 96, ed. Lond. 1675.] « Fox, Tom. II. pp. 378, et seqq. ed. 1684. 193 ' Wheloc's ed. of Bede, pp. 462, etc. ' Malone's ' Reply to Mr James Us- sher his Answere,' p. 320, [ed. 1627.] ^ In Biblioth. Public. Cantab. 234 THE FARTHER PROCEEDING OF [CHAP. 28. Of the httle credit the councU of Lateran in this point gained with us, I have 'touched before : neither did Peckham's constitution, sub panis specie simul dari corpus, ^c. speak home, nor was the thing ever absolutely determined here tUl 1382 ; so that the opinion of transubstantiation, that brought so many to the stake, had not in this isle an hundred and forty years' prescription before Martin Luther began ; for in that year Wickliff, having propounded ^quod substantia panis materialis aut vini manet post consecrationem, ^c, the archbishop taking it into ^consideration, did not think fit to condemn the tenet, without farther advice with the university of Oxford, * where 194 libratis singulis, every saying weighed — and in especial, as it seems, those ^concerned the eucharist — ^he did condemn some as heretical, others as only erroneous, and farther, ^dngulos defensores earum imposterum sententia excommunicationis innodatus fore, and gave command, ''ne quis de ccetero cujus- cunque status [aut conditionis existat] hcereses seu errores praedictos, vel eorum aliquem teneat, doceat, prcedicet seu defendat. The ^chancellor likewise of the academy, repeating Wickliff's opinions touching the holy communion, shews they had been dihgently discussed by doctors in divinity, and pro fessors in the canon law, ac tandem finaliter est compertum atque judicio omnium declaratum, ipsas esse erroneas, fidei orthodoxce contrarias, et determinationibus eccledce repug- nantes : and then after all this search, dehvers the doctrine of transubstantiation as the conclusion agreed to be held, quod per verba sacramsntalia a sacerdote prolata, panis et vinum in altari in verum corpus Christi et sanguinem transubstanti- antur, seu substantialiter convertuntur sic, quod post consecrate tionem non remanent in illo venerabili sasramsnto panis materialis et vinum secundum suas substantias, [et naturas], sed secundum species earundem. [After which only, it is observed other opinions ''could not be with honour maintained in the English church, and the reason why is given, for that 1 Cap. viii. § 37. ^ In ' Fasciculo Zizaniorum' MS. : et apud Henr. de Knyghton, qui tunc vixit scripsitque, col. 2648, 1. 8; col. 2654,1.44. 3 Ibid. col. 2649, 1. 31. 4 Ibid. coL 2660, 1. 59. ¦^ Hen. de Knyghton, [de Eventibus Anglia;], col. 2664. « [Ibid. col. 2650, 1. 64.] ' Ibid. col. 2662, 1. 67, etc. " Ibid. col. 2654. " [Ibid. col. 2657, L 10, etc.] IX.] QUEEN ELIZABETH IN THE REFORMATION. 235 archiepiscopus Cantuariensis cum consensu, et assensu coepisco porum suorum et cleri sui eas pro falsis damnaverit — so that we may safely conclude that tiU then they might, 'and this to have been] the first plenary determination of the church of England in the case, which yet how well it wiU be hked by such as hold the manner of conversion to be by a '•• succession of Christ's body to the substance of the bread, I leave others to dispute. But certainly the archbishop not "adventuring to proceed in it alone, nor by his own councU, by '^his extending what he did only to the future, both for punishment and tenet, and after '^long enquiry concluding the truth of it, [what then might be no longer with honour defended] — enough proves it not to have been in former tunes fuUy resolved on in this church. And it may not here unfitly have a place that '*John Tissington, a Franciscan, whom Pitseus — from Balaeus, not 195 Leland, as he would have us think — affirms to have been an assistant in this dispute at Oxford, 1382, or as" some 1381, cannot deny the truth of the assertion, quod panis et vinum remanent post consecrationem in naturis suis, adhuc servatur laicis, et antiquitus servabatur. [But that determination went no farther than only the converting the bread into the body of our Lord, and the wine into his blood. The consequences or dependencies of transubstantiation, as they are held out in the '^councU of Trent, and now taught by the Romanists, viz. verum Domini nostri corpus, verumque ejus sanguinem sub panis et vini specie una cum ipsius anima et Divinitate existere ; sed corpus quidem sub specie panis et sanguinem sub vini specie, ex vi verborum, ipsum autem corpus sub specie vini, et san guinem sub specie panis, animamque sub utraque, vi naturalis illius connexionis et concomitantice, qua partes Christi Domini, qui jam ex mortuis resurrexit, non amplius moriturus, inter se copulantur : Divinitatem porro propter admirabilem illam ejus cum corpore et anima hypostaticam unionem. Quaprop- ter verissimum est, tantumdem sub alterutra specie, atque sub utraque contineri : totus enim et integer Cliristus sub panis 1° Vid. Bellarmin. de Eucharist. Lib., IV. c. 24, § ult. 11 " Noluit Archiepiscopus ea vice plenarie procedere." De Knyghton, ubi supra. 13 " Imposterum, de Cietero teneat." Ibid. 1^ " Tandem finaliter." Ibid. " In Confession, contra Wickliff, MS. in Bibliotheca Archiepiscopi Armach. [Cf. Wood's ' Hist, et Antiq. Oxon.' Vol. I. p. 189, ed. 1674.] 1' [Concil. Trident. Sess. xiii. c. iii.] 236 THE FARTHER PROCEEDING OF [CHAP. specie, et sub quavis ipsius spedei parte, totus item sub vini specie, et sub ejus partibus exsistit — these, I say, it did not meddle with, nor at all reach those profound speculations, that when we drink his blood we eat his body, and when we eat his body we drink his blood, as is there delivered. So that we may truly say of our ancestors as the Jesuits here, about sixty years since, did of the fathers : ' Rem transubstantiationis ne atti- gerunt. As indeed cardinal ^ BeUarmine, not finding any ancient doctor or council directly to justify what he would have the tenet of the catholic church in this point, is fain to go no higher than the council of Trent ; and yet we must believe it an article of faith, taught by the apostles, and from them derived down to us.] And here it is not unworthy the remembering, that by the law of the Six Articles, 31° Henry VIIL, c. 14 — containing in effect the body of popery — no man was to die as an heretic but he who denied this tenet ; all others only as felons, or men endangering the peace of the kingdom, by teaching contrary to what was pubhcly received. By which it likewise appears, in fixing the imputation of heresy, the English looked on their home determinations, not those of any foreign church. 29. But I do not take upon me to dispute matters contro versial, which I leave as the proper subject to divines ; it shall suffice only to remember, the church of England having with this great dehberation reformed itself in a lawful synod — with a care as much as was possible of reducing all things to the pattern of the first and best times — was interpreted (by such as would have it so) to depart from the church cathohc ; though for the manner, they did nothing but warranted by the continual practice of their predecessors, and in the things amended had antiquity to justify their actions : and therefore [the ^late queen, when certain princes, 1559, interceded the Roman cathohcs might have churches permitted them here, told their agents there was no cause of such a concession, cum Anglia non novam aut alienam amplectatur religionem, sed earn quam Christus jussit, prima et catholica ecclesia coluit, et vetustissimi patres, una voce et mente, comprobdrunt : and] the archbishop of Canterbury, in a 1 ['A sparing Discoverie of our Eng lish Jesuits,' etc. p. 13, by 'a secular priest,' ed. 1601.] ^ [De Sacramento Eucharist. Lib. i. c. 1, § 1.] ' [Camden. Annal. Elizabeth.] [p. 28, ed. 1625,] IX.J QUEEJX EljlZiABETH IJN THE KJSFORMATION. 237 provincial synod begun m St Paul's, the third of April, 1571, and all other bishops of the same province, gave especially in charge for aU preachers, to *' chiefly take heed that they teach nothing in their preachuig which they would have the people rehgiously to observe and beheve, but that which is agreeable to the doctrine of the old testament and the new, and that which the cathohc fathers and ancient bishops have gathered out of that doctrine.' - So that nothing is farther off truth, than to say, such 196 as reformed this church made a new rehgion ; they having re- ' tained only that which is truly old and cathohc, as articles of their faith. 30. Thus was religion reformed, and thus by the queen established in England, without either motion, or seeking any new way not practised by our ancestors, but using the same courses had been formerly traced out unto [her by] them, for stopping profaneness and impiety, whenever they peeped in the church. And certainly, to my understanding, there can be none that wUl with indifferency look upon those times, but he must (however he mislike the thing done) approve the manner of doing it. Yet the favourers of Rome ceased not to proclaim all had thus passed to have been heretical — without instancing any par ticular, as to say such a carriage was after the manner of heretics, ever condemned by the catholic church, and by orthodox writers in former times, or such a tenet in your confession was held heresy from this place of scripture anciently, by such holy fathers met in general council — and to raise stirs and commotions in the commonwealth, ^to excommunicate the queen 2& flagitio- rum serva, free her subjects of their allegiance, to give out we had ^a 'parhament rehgion,' 'parhament gospel,' 'parliament faith,' and this before ever the thirty-nme articles, one main pillar of the Enghsh reformation, were confirmed by parlia ment. 31. Upon the whole, it is so absolutely false that the church of England made a departure from the church [cathohc] ¦* The Book of canons of the same synod, prmted by John Day, 1571. [See Cardwell's Synodalia, Vol. I. p. 126; $ ' Concionatores.'] s Bulla Pii V. dat. Rom. 5 Kal. Maii, A.D. 1570, [in the 'Magnum Bul larium Romanum,' Tom. II. p. 324.] 1 Harding's 'Confutation of the Apo logy,' [quoted in Jewel's 'Defence' of it. Part vi. p. 643 ; ed. 1670.] 238 THE FARTHER PROCEEDING OF [CHAP. — which is the ground and pillar of truth — as I am persuaded it is impossible to prove she did make the separation from the Roman itself ; but that having declared in a lawful synod certain opinions, held by some in her communion, to be no articles of faith, and, according to the precedent of former times, and the power God and nature had placed in herself, redressed particular 197 abuses crept into her, the pope and his adherents — without ever .examining [for aught appears] what was the right of- the king dom in such-like cases, that had from all antiquity done the same — would needs interpret this a departing from the church, because he resolved to maintain for articles of faith, and thrust on others as such, some ambiguous disputable questions, the English did not think fit to admit into that number. To make a de parture from Christ's church is certainly a very heinous offence, she never commanding aught but what is conformable to his will, nor 'requiring her children to believe any thing as matter of faith, but what is immediately contained in the word of God, or by evident consequence drawn from it : and as she excludes no Christians from being her children, who by their own demerits deserve not to be out of the divine favour, so in opposing those who endeavour to procure some tenets to be admitted for hers, which cannot be deduced from that ground, we do not depart from her, but gainsay human errors and conceits, which they would infer to be her commands who acknowledges them not. But as St Augustine in a dispute with a Donatist, ^utrum schismatici nos simus an vos, non ego, nee tu, sed Christus in- terrogetur, ut judicet ecclesiam suam — so may I, whether we are the schismatics or the church of Rome, Christ himself be the judge. But whether divided from the other, being matter of fact, let the histories of former times, the extraordinary pro ceedings of the see of Rome of late against the queen and this commonwealth be compared, and I am confident the judgment may be referred to any indifferent person (though of that behef) who made the separation, and whether this kingdom on so high provocations, did any thing would not have been paralleled by former times, had they met with the hke attempts. 32. Neither can the crown, [or Enghsh bishops], in this 1 Bellarmin. de Justilicatione, Lib. in. c. 8, [in Disputation. Tom. IV. p. 242, g]: ibid. Lib. i. u. 10, [Tom. IV. p. 209, F.] ^ Contra Literas Petiliani, Lib. ii. c. 86, [Opp. Tom. VIL p. 93, n] IX.] QUEEN ELIZABETH IN THE REFORMATION. 239 reformation be any way said to have enterprised on the papal primacy — which, for aught I know, they might have acknow- 198 lodged, so far as is expressed or deduced from holy scripture, or laid down in the ancient sacred councUs, or the constant writings of the orthodox primitive fathers, and yet done what they did — but to have exercised that authority always resided in them, for conserving the people under them in unity and peace, without being destroyed by the canons and constitutions of others ; [our kings] not suffering a foreign power ruin them to whom they owed protection. In which they did not trench upon the rights of any, but conserved their own ; imitating therein the imperial edicts of several princes, and of those were in possession of this very diadem, conformable to then- coronation oath, [and ^what the bishops take at the entering on their churches]. 33. And from hence may be answered that which Rome brings as her Achilles, touching the succession and visibihty of the protestants' church and doctrine, in all ages since Christ : for if theirs have been, it is impossible to say the others' have not — the former adding only more articles for a Christian to beheve, which the latter wiU not embrace as needful : so that if theirs (as they so much glory) have had the continuance from the apostles, this needs must, which only denies some part of that they hold. *" Protestants," says Stapleton, "have many things less than papists ; they have taken away many things which papists had, but they have added nothing." And here, to my under standing, the Romanists require of us what lies on their part to prove ; for we denying, in the succession of bishops from Cran mer, Wareham, even to Augustine, and so of the Britons, ever any one to have held the points we differ in to have been points of faith, in that degree of necessity they are now required — and for proof cite not only the Apostles', Nicene, Athanasian Creeds, but even that of IPeckham, which we find so to differ from the late one set out by Pius IV., as we cannot but say it ^ [" Neque est quod quis, ob litem hanc, Ignatium anirao fuisse in apostoli cam sedem infenso existimet vel ingrato, cum quae juris essent suae ecclesia de fendere, juramento teneretur obstrictus, etiam aeternae vitae dispendio. Non enim aliena retinere, sed sua possidere ex pos sessione prasdecessorum ipse justum pu- tavit," etc. Baronius, Annal. Tom. X. ad an. 878, xiii. : which I confess I take the case of our English church and bishops.] * ' Fortresse of the Faith planted among us Englishmen;' at the end of Bede's History, fol. 47, b, [fol. 103, a] ; [ed. Antwerp. 1666.] 240 THE FARTHER PROCEEDING, &c. [CHAP. IX. 199 is unjust in them to press us to a profession in rehgion farther than our ancestors were — they, on the contrary, affirming all those holy bishops proceeding, not only behoved them as these now do, but did require them of others with the hke necessity they now are — ought certainly to prove what they thus boldly affirm ; which when they have done, truly for my part I shall think fit to yield : but tUl they do it, let them cease from pro claiming us heretics, who hold no other than the ancient faith at first dehvered unto us. But this as a point rather dogmatical for divines, than histo rical — the subject by me undertaken — I shall not here farther wade into. [INDEX. Annates, history of, 104 — 107 Anselm, his devotion to the papacy, 14 — 17; his letter on the king and bishops threatening to abandon the pope, 16 Appeals to Rome, history of, 34 — 54; why prosecuted by the clergy, 43 Archbishop, (see Canterbury, York) Augustine, his arrival here, 9 Beceet, his views of the papacy, 46 Bishops, elections of in the primitive church, 69, 70 British Church, by whom founded, 9 ; connexion with the East, 13 Calvin, how esteemed, 13, 26 ; his letter to Somerset on the Liturgy, 154, 156 ; his judgment respecting the same, 156 Canonizations (see Saints) Canterbury, archbishop of, his emi nence, 12; his exalted titles, 22; not subject to legates, 23 ; nor any papal mandates, 24 ; himself at length made legate, 30, 31, 32; privileges granted him by the popes, 49 — 51 ; created le gatus natus, 54 ; how finally brought into subjection, 67 ; first promoted by the pope, 76 Canterbury, church of, its primacy in England, 26 ; controversy with York, 72,73 Canterbury, monastery of, dispute with Theobald, 120 Chichele, archbishop, his letter re specting legates, 87 Churches, spoliation of before Henry VIIL, 147 Clergy, (see Exemptions, Subsidies, Matrimony) Collations, when begun by popes, 76 Communion in both kinds, the ancient practice, 204 Confirmations at Rome, and why pressed on abbots, 66, et seqq. [twysden.] Constantine, his ecclesiastical rule, 114, 116 Constantinople, how called ' head of all churches,' 91 Contarenus, cardinal, on the papal supremacy, 144, 145 Councils, first four general, how re spected here, 184 ; peculiarly reverenced everywhere, 185; name 'general' not confined to them, 186 ; examples of this, 186 ; many councils lost their force, 186, 187 ; council of Vienne con sidered ; 4th Lateran, 188 ; not gene raUy received here, 189, 190; decrees not regularly made, 191 ; 2nd Lateran, not received with us, 191 ; nor that of Sardica, 192; nor 2nd Nicene, 206; councils not binding till received, 192 ; instances, 193—196; imperial exhor tations to receive them, 196, 196 ; su periority of general councils above the pope, 197; (see Trent) Courts, civil and ecclesiastical, when first distinguished, 119,120; question respecting, 122, 123, 124 ; conduct of the Conqueror, 124 Crosses, with what view erected, 209, 210, 213 Cup, on what grounds restored, 204 Dinoot, abbot of Bangor, his answer to Augustine, 10 Dunstan, archbishop, his disregard of the pope, 83 Edward, the Confessor, canonization of, 223, 224 Elections of bishops in the primitive church, 69, 70 ; in England depended on the king, 71 ; the same in France, 71,72 Elizabeth, queen, announced her ac cession to the pope, 150; his strange reply, 150; her coronation,151 ; changes the title ' Head of the Church,' 161 16 242 INDEX. causes a revision of the Prayer Book, 156, 157; her proceedings repecting heretics, 168, 184 ; letters to her from Pius IV., 199 ; invited to send bishops to Trent, 202 ; convenes a synod, 203 ; its moderation, 203 Emperors, their power in ecclesiastical matters, 115, 116 Exemptions of the clergy, 43, 44, 45 (notes), 90; of the monasteries, 55, 56 ; abbots exempt went to Rome for confirmation, 51, et seqq. Fathers, how respected by our church, 236, 237 Fiust-fruits, history of, 104 — 107 Francfort, troubles at, 13, 155, 156 French bishops, how appointed, 71, 72 French kings, their power in matters ecclesiastical, 126, 127 Germanus, his mission, 9 Gebson, his opinions on the papal su premacy, 144 Grosseteste, bishop of Lincoln, ac count of, 221 Head of the Church, 125, 137,140; title applied to the French king, 127 ; how to be understood, 127 ; conduct of Mary respecting it, ^48 ; of Elizabeth, 151, 162; discussions on the subject, 152, 153 Henry I., his bold letter to the pope, 16 Henrv VI. , why not canonized, 222 Henry VIII.,his early exercise of power in sacris, 128, 129 ; consultation of the spiritualty, 138; takes the advice of the church respectingpapal supremacy, 142 ; declares his power to reform a- buses, 146; accusations of Paul III. against, 146 ; did not depart from the church, 147 Heresy and Heretics, how under stood in the primitive church, 168, 159 ; extension of the terms, 162 ; whether punished capitally, 162, 163 ; penalties of, registered in the canon law, 164 ; views of St Bernard respecting, 166; lenity of the Fathers, 177, 178 ; when first noticed in England, 178, 229 ; how punished, 178, 180; enactments of Henry IV., 181 ; of Henry V., 182, 183 ; these laws repealed, 183 ; and restored by Mary, 183 ; conduct of Elizabeth, 184 Images, how introduced, 206 ; no worship of permitted here, 206 ; Nicene doctrine respecting them rejected, 206, 207 ; considered as ornaments, 208 ; no traces of in early times, 208, 209 ; rules of the Gilbertines against images, 210 — 212 ; synod at Westminster respecting, 213 iNftuisiTiON, its institution, 165, 166; powers of, augmented by Frederick II., 166, 167 ; scandal caused by its opera tion, 1 68 ; invigorated by Ferdinand and Isabella, 168 ; officers of, 169 ; why rejected by the Flemish, 170; mode of procedure, 170, 171 ; directions about, by Innocent IIL, 173 ; and other popes, 176, 176 Investitures, 14, 16, 17 Kings of England, authority in sa cris, 8 ; rights of, 20, 26, 27 ; pretence of pope to confer these, 21 ; erected bishoprics, 30 ; paid in their courts no regard to foreign excommunications, 82, 83 ; furnished others with priests, &c., in spite of the pope, 84 ; forbade bishops to seek confirmation at Rome, 85 ; consideration of the nature of their power, 114 — 140 ; Edgar, Edward, Ina, Canute, their language, 114, 116, 117; summary of commands given by our kings, 118, 119 ; enumeration of acts of authority, 129—133 Kings of France, (see French) Lanfranc, his proceedings in a case of exemption, 87 Lateran, 2nd council of, 191 ; 4th council of, 188—191 Legate, papal, rarely sent in Anglo- Saxon times, 14 ; not acknowledged, 18 — 20 ; subscribed after English bishops, 25; what legate first held a council, 28 ; indignation excited hereby, 28 ; le gatine power given to the bishop of Winchester, 33 ; his contest with the archbishop, 34 ; legatus natus, origin ofj 56 ; legatus a latere, 56 ; treated with, before entering the kingdom, 67, 82 Liturgy, instances of reformation be- INDEX. 243 fore Hen. VIIL, 139 ; proceedings about under Edw. VL, 165 ; revision under Eliz., 156 ; offer of Pius IV. to confirm it, 199 ; evidence on this subject, 200— 202 Mary, queen, her exercise of ecclesias tical power, 140, 148 Matrimony, when first prohibited the English clergy, 206; constitutions re specting, ibid. Milan, church of, for 200 years not in communion with Rome, 14 Minuta Servitia, what, 104 Miracles, St Augustine respecting, 230, 231 Monasteries, their dissolution, 2 ; their service to the country, 2 ; objects of their founders, 2 ; destroyed by no friends of reformation, 3 ; Latimer's efforts to save some, 3 ; consequences of their destruction, 4 ; spoliation of church property not peculiar to Engl and, 147 Nice, 2nd council of, 206 Oath, to defend regalia S. Petri, 63 — 66 ; imposed on archbishops, 62 ; on bishops and abbots, 65 Oxford, university, question about visitation, 84, 85 ; ' the mother of our christian faith,' 91 ; consulted about the papal supremacy, 142; precedents in favour of this consultation, 143 Pall, history and use of, 68 — 62; the possession of it not necessary, 60, 61 ; sums paid for it, 62 ; the oath imposed on receiving it, 62 — 64 Parliament, summoned on church matters, 133 ; style of petitions to the king, 134 ; compared to a mass, 136 Patriarch, oecumenical, to whom ap plied, 91 ; title of the Archbp. of Can terbury, 22 Paul IV., his extreme arrogance, 160 Peter-pence, properly almsgivings, 94, 97 (note) ; who first conferred them, 95; payment of them prohibited by the king, 96, 97 ; Wickliff's deter mination respecting them, 96 ; removed by Henry VIIL, 97 ; their value, 97 Pope, (see Rome) Praemunire, statute of, 109 Princeps episcoporum, how applied to the pope, 90, 91 Privileges of the kingdom, 125 Provisions, papal, when begun, 76 ; complained of by England, 79, 8o', 102, 103 Provisors, statute of, its origin, 80 Purgatory, always denied by tlie Greek church, 228 - Ralph, archbishop, his refusal to obey the pope, 87 Reformation, one object of, 1; on what principles grounded, 141 ; no de parture from the church, 238 Rochester, bishop of, his execution, 146, 147 Rome, why visited by the Anglo-Saxons, 23, 66 Rome, church and bishop of, its primacy, 1 ; why awarded by the emperors, 6, 160, 161 ; its supremacy not admitted here, 6 ; what powers in it denied at the reformation, 6; the encroachments of the pope, 27 ; his first assumption of an interfering power, 73, 74 ; annuls elections, 73 ; first collates to benefices, 76; exorbitance in bestowing prefer ments, 79; his candidate repulsed, 80 ; the commons complain of his grants, 80, 81 ; his influence ascribable to re spect, not duty, 86 ; claimed authority on the ground of conversion, 88 ; ques tion respecting his power decided by the whole English church, 92 ; pay ments to the pope enormous, 94 ; the history of them, 94 — 113 ; the commons petition against them, 102 ; supplies denied the pope by the English clergy, 104 ; the treasure he extracted from the kingdom, 107, 112, 113 ; the exaspera tion of the commons towards him. 111 ; stipulations with, on the part of kings of England, 112 Saints, not worshipped in the primitive church, 214 ; how honoured, 215 ; An glo-Saxon Service-books, 216 ; An selm's treatise respecting the Virgin, 216 ; William II. respecting invoca tion of saints, 217 ; the ' Textus Rof fensis,' 217, 218; Wheloc on the inter cession of saints, 218 ; first canonization 244 INDEX. by the pope, 218 ; Elphege canonized by Lanfranc, 219 ; the exclusive claim of Alexander IIL, 220 ; fees for cano nization, 222; Edward the Confessor, 223, 224 ; the Speculum Trinitatis, 225 ; praying to saints questioned, 226 ; specimens of prayers from the Breviary, 226, 227 ; church of England respect ing the practice, 227, 228 Sardica, council of, 192 Saxons, Anglo, by whom converted, 6 Scots, their jealousy of the Roman mis sionaries, 10 Separation from Rome, not made by Henry VIIL," 147 ; nor by Elizabeth, 238 Stapleton, on the papal supremacy, 145 Stygand, esteemed a lawful bishop, 88 Subscriptions, warning about, 77, 78 Subsidies to Rome, when first raised, 99 ; a tenth demanded, 101 ; also, a fifth, 101 ; remonstrances, 101 Synods, provincial, 67 Theodore, archbishop, 13 Transubstantiation, unknown to the Saxon church, 228; the Paschal Homily, 228, 232—234; little credit given to the council of Lateran respect ing,' 234 ; condemnation of Wickliff's views, 235; Tridentine doctrine of, 236 Trent, council of, how received in Spain, 169 ; had, per se, no validity in France, 191, 196 ; queen Elizabeth in vited to send representatives to, 202 Vicarius, title not peculiarto the pope, 81,91 Vienne, council of, 187 Virgin Mary, (see Saints) Welsh Church, independent till Hen. L, 10 Wilfred, history of his appeals to Rome, 36 — 40 VoRK, archbishop of, his controversies with Canterbury, 72, 73]