rose to that height, that it well nigh overtopped the crown; whereby it will appear whether he had gained a circle by prescription, by a long and quiet possession, before the making of these laws. him God's vicar within his kingdom: which title he would not have given to that king, if himself, under pretence of being God's vicar-general on earth, had claimed jurisdiction over all Christian kingdoms.-Pelagius the The first encroachment of the bishop of monk of Bangor, about the year 400, being cited Rome upon the liberties of the crown of Eng- to Rome, refused to appear upon the pope's ciland, was made in the time of king William the tation, affirming that Britain was neither within conqueror. For before that time the pope's his diocese nor his province.-After that, about writ did not run in England, his bulls of excom- the year 600, Augustine the monk was sent by munication and provision came not thither; no Gregory the great into England, to convert the citation, no appeals were made from thence to Saxons to the Christian religion. The British the court of Rome; our archbishops did not bishops then remaining in Wales regarded not purchase their palls there, neither had the pope his commission nor his doctrine, as not owing the investiture of any of our bishopricks. For any duty, nor having any dependency on the it is to be observed, that as under the tempo- court of Rome; but still retained their cereral monarchy of Rome, Britany was one of the monies and traditions which they received from last provinces that was won, and one of the first the east church, upon the first plantation of the that was lost again: so under the spiritual mo- faith in that island, being divers and contrary narchy of the pope of Rome, England was one to those of the church of Rome, which Augusof the last countries of Christendom that re- tine did endeavour to impose upon them.-The ceived his yoke, and was again one of the first like doth Beda write of the Irish priests and " that did reject and cast it off. And truly, as in bishops. For in the year 660, he reporteth, this, so in divers other points, the course of this that a convocation of the clergy being called spiritual monarchy of the pope may be aptly by king Oswif, there rose a disputation between compared with the course of the temporal mo- Colman, one of our Irish saints, then present in narchies of the world. For as the temporal that synod, and Wilfrid a Saxon priest, touchmonarchies were first raised by intrusion uponing the observation of Easter, wherein the Briother princes and commonweals; so did this tish and Irish churches did then differ from the spiritual prince (as they now stile him) grow to church of Rome. Colmar, for the celebration his greatness by usurping upon other states and of Easter used in Ireland, affirmed it was the churches. As the temporal monarchies, follow- same, quod beatus evangelista Johannes, dising the course of the sun, did rise in the east, cipulus specialiter à Domino dilectus, in omand settle in the west; so did the hierarchy or 'nibus quibus præerat ecclesiis celebrâsse legigovernment of the church. Of the four tem- tur.' On the other part Wilfrid alledged, that poral monarchies, the first two were in Asia, all the churches of Christendom did then celethe latter two in Europe; but the Roman ino- brate Easter after the Roman manner, except narchy did surpass and suppress them all. So the churches of the Britains and Picts, qui were there four great patriarchs, or ecclesiasti- contra totum orbem' (saith he) stulto labore cal hierarchies, two in the east, and two in thepugnant.' Whereunto Colman replied, ' miror west; but the Roman patriarch exalted him- quare stultum laborem appellas, in quo tanti self, and usurped a supremacy above them all. apostoli, qui super pectus Domini recumbere And as the rising of the Roman empire was dignus fuit, exempla sectamur. Numquid remost opposed of Carthage in Africa, (emula verendissimum patrem nostrum Columbam et Rome Carthago;) so the council of Carthage ejus successores, viros à Deo dilectos, divinis and the African bishops did first forbid appeals paginis contraria sapuisse aut egisse credento Rome, and opposed the supremacy of the 'dum est?' In this disputation or dialogue two pope. And doth not Daniel's image, whose things may be observed: first, that at this time head was of gold, and legs and feet of iron and the authority of the bishop of Rome was of no clay, represent this spiritual monarchy as well estimation in these islands, next, that the prias the temporal; whereas the first bishops of mitive churches of Britany and Ireland were Rome were golden priests, though they had but instituted according to the form and discipline wooden chalices, and that the popes of later of the east churches, and not of the west, and times have been for the most part worldly and planted by the disciples of John, and not earthly minded? And as the northern nations of Peter. Thus much for the time of the first revolted from the Roman monarchy, and Britains. For the Saxons, though king Ina at last brake it in pieces; have not the north gave the Peter-pence to the pope, partly as and north-west nations first fallen away from alms, and partly in recompence of a house the papacy; and are they not like in the end erected in Rome for entertainment of Engto bring it to ruin ? lish pilgrims; yet it is certain, that Alfred and Athelstane, Edgar and Edmund, Canutus and Edward the Confessor, and divers other kings of the Saxon race, did give all the bishopricks in England per annulum et baculum, 'without any other ceremony, as the emperor and French king and other Christian princes were wont to do. They made also several laws for But to return to our purpose. The bishop of Rome before the first Norman conquest had no jurisdiction in the realm of England, neither in the time of the Britains, nor in the time of the Saxons. Eleutherius, the pope, within less than 200 years after Christ, writes to Lucius, the British king, and calls the government of the church. Among others, St. Edward begins his laws with this protesta tion, that it is his princely charge, ut populum 'domini, et super omnia sanctam ecclesiam, regat et gubernet.' And king Edgar, in his oration to his English clergy, ego,' saith he,' Con'stantini, vos Petri gladium habetis: jungamus dextras, et gladium gladio copulemus, ut ejici'antur extra castra leprosi, et purgetur sanctuarium Domini.' So as the kings of England with their own clergy did govern the church, and therein sought no aid of the court of Rome. And the truth is, that though the pope had then long hands, yet he did not extend them so far as England; because they were full of business nearer home in drawing the emperor and the French king under his yoke. But upon the conquest made by the Norman, he apprehended the first occasion to usurp upon the liberties of the crown of England. For the Conqueror came in with the pope's banner, and under it won the battle which got him the garland; and therefore the pope presumed he might boldly pluck some flowers from it, being partly gained by his countenance and blessing. Hereupon be sent two legates into England, which were admitted and received by the Conqueror. With them he called a synod of the clergy, and deposed old Stigand, archbishop of Canterbury, because he had not purchased his pall in the court of Rome. He displaced many bishops and abbots, to place his Normans in their rooms. And amongst the rest it is to be noted, that the king having earnestly moved Wolstan bishop of Worcester, being then very aged, to give up his staff; his answer was, that he would give up his staff only to him of whom he first received the same. And so the old man went to St. Edward's tomb, and there offered up his staff and ring, with these words: Of thee, O holy Edward, I received my staff and my ring, ' and to thee I do now surrender the same again.' Which proves, that before the Norman conquest the king did invest his bishops per annulum et baculum, as I said before. Thus we see, by the admission of the pope's legates, the first step or entry made into his usurped jurisdiction in England. Albeit, the king still retained the absolute power of investing bishops, and seemed only to use the advice and assistance of the legates in ecclesiastical matters; for that to decree passed or was put in execution without his royal assent thereunto. Besides, how far forth he submitted himself to the pope, it appeareth by a short epistle he wrote to Gregory 7, in this form. Excellentissimo sanctæ ecclesiæ pastori, Gregorio, gratiâ Dei Anglorum rex et dux Normanorum Willielmus salutem cum amicitia. Hu⚫ bertus legatus tuus, religiose pater, ad me veniens ex tua parte, me admonuit, ut tibi et 'successoribus tuis fidelitatem facerem, et de 'pecunia, quam antecessores mei ad Romanam ecclesiam mittere solebant, melius cogitarem. Unum admisi, alteruin non adinisi. Fidelitatem facere nolui, nec volo; quia nec ego ' promisi, nec antecessores meos antecessoribus tuis id fecisse comperio. Pecunia, tribus ferè annis, in Galliis me agente, negligenter collecta est. Nunc vero divinâ misericordiâ me ' in regnum meum reverso, quod collectum est per præfatum legatum mittetur; et quod reliquum est, per legatos Lanfranci archiepiscopi fidelis nostri, cum opportunum fuerit, transmittetur, &c.' But in the time of his next successor, king William Rufus, they attempted to pass one degree farther, that is, to draw appeals to the court of Rome. For Anseline being made archbishop of Canterbury, and being at some difference with the king, besought his leave to go to Rome, under pretence of fetching his pall. The king, knowing he would appeal to the pope, denied him leave to go, and withal told him that none of his bishops ought to be subject to the pope, but the pope himself ought to be subject to the emperor; and that the king of England had the same absolute liberties in his dominions as the emperor had in the empire; and that it was an ancient custom and law in England, used time out of mind before the Conquest, that none might appeal to the pope without the king's leave; and that he that breaketh this law or custom doth violate the crown and dignity royal, and he that violates my crown, saith he, is mine enemy, and a traitor. 'How answer you this?' quoth the king. 'Christ himself answers you,' saith the archbishop, tu es Petrus, et super hanc petram, &c.' wherewith the king was nothing satisfied. And thereupon Anselme departing out of the realm without licence, the king seized bis temporalities, and became so exasperate and implacable towards the bishop, as he kept him in perpetual exile during his reign; albeit great intercession were made for his return, as well by the pope as the king of France. 6 In the time of the next king, Hen. 1, though he were a learned and a prudent prince, yet they sought to gain a farther point upon him, and to pluck a flower from his crown of greater value, namely, the patronage and donation of bishopricks and all other benefices ecclesiastical. For Anselme being revoked and re-established in the see of Canterbury, the bishopricks of Salisbury and Hereford fell void, which the king bestowed on two of his chaplains. But Anselme their metropolitan did refuse to consecrate them, so as the archbishop of York was fain to perform that office, who with the chief of the English clergy stood with the king, and withstood Anselme. Hereupon the king requires him to do his homage; the bishop denies it. The king demands of him whether the patronage and investiture of all bishopricks were not his rightful inheritance. The bishop said it was not his right; because pope Urban had lately made a decree, that no lay person should give any ecclesiastical benefice. [Histor. Jornalensis M. S. in Archiv. Rob. Cotton, Eq. Aur.] This was the first question, that ever was made, touching the king of England's right of patronage and donation of bishopricks within his dominions. This nun new question caused many messages and embassages to Rome. At last the king writes plainly to the pope, notum habeat sanctitas vestra, quod me vivente, Deo auxiliante, dignitates et usus regni nostri non minuentur; et si ego, quod absit, in tanta me directione ponerem, magnates mei, imo totius Anglia populus, id nullo modo pateretur.' Besides, William de Warrenast, the king's procurator in the court of Rome, told the pope, that the king would rather lose his kingdom than he would lose the donation of bishopricks. The pope answered, Know you precisely, sir, I speak it before God, that for the redemption of my head I would not suffer him to enjoy it.' After this Anselme being received into the king's favour, in a synod of the English clergy holden at London in the year 1107, a decree was made, cui annuit rex Henricus,' saith Matth. Paris, that from thenceforth,' quam per donationem baculi pastoralis vel annuli quisquam de episcopatu vel abbathia per regem, vel quamlibet laicam manum, investiretur in Anglia. In recompence where of the pope yielded this favour to the king, that thenceforth no legate should be sent from the pope's side into England, unless the king required it; and that the archbishop of Canterbury for the time being should be for ever legatus natus; and Anselme, for the honour of his see, obtained, that the archbishop of Canterbury should in all general councils sit at the pope's foot,tanquam alterius orbis papa.' Notwithstanding, as the succeeding popes kept not their promise touching the sending of legates, so this self-same king, after the death of Anselme, broke the decree touching the investiture of the bishops. For he gave the archbishoprick of Canterbury to Rodolph bishop of London, saith Matth. Paris, et illum per annulum et pastoralem baculum investivit; as before he had invested Willielmum Gifford in the bishoprick of Winchester, contra novi 'concili statut,' as the same author reporteth. The times of the next succeeding king, Stepheni were full of civil dissentions, which made the land well-nigh waste, so as St. Peter's successor could not take any fish in such troubled waters. Yet during this king's reign they won that point of jurisdiction, which they attempted to get, but failed thereof, in the time of king William Rufus; namely, that appeals might be made to the court of Rome. For in a synod at London summoned by Henry bishop of Winchester, the pope's legate, it was decreed that appeals should be made from provincial councils to the pope. Before that time ap'pellationes in usu non erant,' saith a monk of that time, donec Henricus Winton. episcopus malo so, dum legatus esset, crudeliter 'intrusit. Thus did the pope usurp three main points of jurisdiction upon three several kings after the Conquest, for of William Rufus he could wiu nothing, namely, upon the Conqueror, the sending of legates or commissioners to hear and determine ecclesiastical causes; upon Hen. 1. the donation and investitures of VOL. 11. bishopricks and other benefices; upon king Stephen, the appeals to the court of Rome. Now are we come to king Henry 2, in whose time they made a farther encroachment upon the crown, whereby they endeavoured to make his but half a king, and to take away half his subjects, by exempting all clerks from secular power. Hereupon rose that long and great contention between Henry 2, and Thomas Becket, which on Becket's behalf may be rightly termed rebellion and treason; the just cause and ground whereof was the same that made the late difference between the pope and the Venetians. For a priest had committed a foul murder; and being thereof indicted and convicted, prayed the benefit of his clergy; which being allowed unto him, he was delivered to the bishop of Salisbury, being his ordinary, to make his purgation; which the murderer failing to do should by the law have been degraded, and delivered back to the secular power. But the bishop, contemning the law of the land, to enlarge the liberties of the church, sent his prisoner to Thomas Becket then archbishop of Canterbury, who shifted him into an abbey, and so rescued him from the capital punishment he had justly deserved. This gap of impunity being once opened, the clergy grew so outrageous, as the king was informed of a hundred murders committed by clerks, and yet not one of them executed for the same; for that the archbishop had protected them all after the same manner. For this the king was justly incensed against the archbishop, who justified his doing herein. Whereupon a common council as well of the bishops as of the nobility was called, wherein they did revive and re-establish the ancient laws and customs of the kingdom for the government of the clergy, and ordering of causes ecclesiastical, whereof these were the principal heads or articles: The Constitutions of Claringdon. 1. That no bishop nor clerk should depart the realin without the king's licence; and that such as obtained licence should give securities, that they should procure no hurt or damage to the king or realm during their absence in foreign parts.-2. That all bishopricks and abbeys being void should remain in the king's hands as his own demesnes, until he had chosen and appointed a prelate thereunto; and that every such prelate should do his homage to the king before he were admitted into the place.3. That appeals should be made in causes ccclesiastical in this manner; from the archdeacon to the ordinary, from the ordinary to the metropolitan, from the metropolitan to the king, and no farther.-4. That Peter-pence should be paid no more to the pope, but to the king.--5. That if any clerk should commit felony, he should be hanged; if treason, he should be drawn and quartered.-6. That it should be adjudged high-treason to bring in bulls of excommunication, whereby the realm should be cursed.-7. That no decree should 2N be brought from the pope to be executed in England, upon pain of imprisonment and confiscation of goods. cept his submission once again, and promised the king of France, that if he would be obedient to his laws, he should enjoy as ample liberties as any archbishop of Canterbury ever bad; and so sent him into England with recommendation unto the young king his son, then lately crowned; who, hearing of his coming, commanded him to forbear to come to his presence, until he had absolved the archbishop of York and others, whom he had excommuni To these and other Constitutions of the like nature made at Claringdon, all the rest of the bishops and great men did subscribe, and bound themselves by oath to observe the same absolutely. Only the archbishop would not subscribe, and swear, but with a saving, salvo ⚫ suo ordine et honore sanctæ ecclesia. Yet at Jast he was content to make the like absolute sub-cated for performing their duties at his coronascription and oath as the rest had done; but pre- tion. The archbishop returned answer, that sently he repented, and to shew his repentance they had done him wrong in usurping his office; suspended himself from celebrating mass, till he yet if they would take a solemn oath to becoine had received absolution from the pope. Then obedient to the pope's commandment in all he began to maintain and justify the exemption things concerning the church, he would absolve of clerks again; whereat the king's displeasure them. The bishops, understanding this, prowas kindled anew; and then the archbishop tested they would never take that oath, unless once again promised absolute obedience to the the king willed them so to do. King Henry king's laws. (See the fickleness and muta- the father, being hereof advertised into France, bility of your constant martyr.) The king, to did rise into great passion and choler, and in bind fast this slippery Proteus, called a parlia- the hearing of his servants uttered words to this ment of the bishops and barons; and sending effect; Will no man revenge me of mine enefor the roll of those laws, required all the mies? Whereupon the four gentlemen named bishops to set their seals thereauto. They all in the stories of that time passed into England, assented but the archbishop, who protested be and first moving the archbishop to absolve the would not set his seal, nor give allo vance to bishops whom he had excommunicated for perthose laws. The king, being highly offended forming their duties at the young king's corowith his rebellious demeanour, required the nation, and receiving a peremptory answer of barons in parliament to give judgment of him, denial from the archbishop, they laid violent who being his subject would not be ruled by hands upon him, aud slew him; for which the his laws; cito facite mihi justitiam de illo, king was fain not only to suffer corporal pequi homo meus ligeus est, et stare jari innance, but in token of his humiliation to kiss 'curia mea recusat.' Whereupon the barons proceeding against him, and being ready to condemn him; I prohibit you,' quoth the archbishop, in the name of Almighty God to proceed against me; for I have appealed to the pope and so departed in contempt of that high court, omnibus clamantibus,' saith Hoveden, quo progrederis proditor? exspecta et audi judicium tuum.' After this he lurked secretly near the sca-shore; and changing his apparel and name (like a jesuit of these times,) he took shipping with a purpose to fly to Rome, But his passage being hindered by contrary winds, he was summoned to a parliament at Northampton, where he made default wilfully; for which contempt, his temporalities were seized, and his body being attached, he was charged with so great au account to the king, as that he was found in arrear 30,000 marks, and committed to prison; whence he found means to escape shortly after, and to pass out of the realm to Rome. He was no sooner gone, but the king sends writs to all the sheriff's in Eugland to attach the bodies of all such as made any appeals to the court of Rome. Hereupon many messages and letters passing to and fro, all the suffragans of Canterbury join in a | letter to the pope, wherein they condemn the fugitive archbishop, and justify the king's proceedings. Upon this the pope sends two legates to the king, being then in Normandy, to me liate for the archbishop. They, with the mediation of the French king, prevailed so far with Ling Henry, as that he was pleased to ac the knee of the pope's legate. And this is the abridgment of Becket's troubles, or rather treasons, for which he was celebrated for so famous a martyr.-And thus you see by what degrecs the court of Rome did within the space of 100 and odd years usurp upon the crown of England four points of jurisdiction, viz. First, sending out of legates into England. Secondly, drawing of appeals to the court of Rome. Thirdly, donation of bishopricks and other ecclesiastical benefices. And fourthly, exemption of clerks from the secular power. And you sce withal how our kings and parliaments have from time to time opposed and withstood this unjust usurpation. Now then the bishop of Rome having claimed and well nigh recovered full and sole jurisdiction in all causes ecclesiastical, and over all persons ecclesiastical, with power to dispose of all ccclesiastical benefices in England, whereby he had upon the matter made an absolute conquest of more than half the kingdom, (for every one that could read the psalm of Miserere was a clerk, and the clergy possessed the moiety of all temporal possessions) there remained now nothing to make him owner and proprietor of all, but to get a surrender of the crown, and to make the king his farmer, and the people his villains, which he fully accomplished and brought to pass in the times of king John and of Henry 3. The quarrel between the pope and king John, which wrested the sceptre out of his hand, and in the end brake his heart, began about the 6 election of the archbishop of Canterbury. I call it election, and not donation or investiture; for the manner of investing of bishops by the staff and ring after the time of king Hen. 1. was not any more used, but by the king's licence they were canonically elected, and being elected, the king gave his royal assent to their election, and by restitution of their temporalities did fully invest them. And though this course of election began to be in use in the time of Rich 1. and Hen. 2. yet I find it not confirmed by any constitution or charter before the time of king John, who by his charter dated the 15th of January, in the 16th year of his reign, granted this priviledge to the church of England in these words, viz. Quod qualiscunque consuetudo temporibus prædecessorum nostrorum hactenus in ecclesia An'glicana fuerit observata, et quicquid juris nobis hactenus vindicaverimus, de cætero in universis et singulis ecclesiis et monasteriis, 'cathedralibus et conventualibus, totius regni Angliæ, liberæ sint in perpetuum electiones quorumcunque prælatorum, majorum et minorum: salva nobis et hæredibus nostris cus'todiâ ecclesiarum et monasteriorum vacantium quæ ad nos pertinent. Promittimus etiam, quod nec impediemus nec impediri permittemus per ministros nostros, nec procurabimus, quin in universis et singulis monasteriis et ecclesiis, postquam vacuerint prælaturæ, quemcumque voluerint libere sibi præ'ficiant electores pastorum, petitâ tamen à nobis priùs et hæredibus nostris licentiâ eligendi, quam non denegabimus nec differemus. Et similiter, post celebratam electionem, ⚫noster requiratur assensus, quem non denega♦ bimus, nisi adversus eandem rationale proposuerimus, et legitimè probaverimus propter 'quod non debemus consentire, &c.' tering letter, and a present of four rings set with precious stones, which were of great value and estimation in those days. Howbeit, the king more esteeming this jewel of the crown, namely, the patronage of bishopricks, returned a round and kingly Answer to the pope, that inconsiderately and rashly he had cassed and made void the election of the bishop of Norwich, and had caused one Langton, a man to him unknown, and bred up and nourished amongst his mortal enemies, to be consecrated archbishop, without any due form of election, and without his royal assent, which was most of all requisite by the antient laws and customs of his realm. That he marvelled much, that the pope himself and the whole court of Rome did not consider what a precious account they ought to make of the king of England's friendship, in regard that his one kingdom did yield them more profit and revenue than all the other countries on this side the Alps. To conclude, he would maintain the liberties of his crown to the death, he would restrain all his subjects from going to Rome. And since the archbishops, bishops and other prelates within his dominions, were as learned and religious as any other in Christendom, his subjects should be judged by them in ecclesiastical matters, and should not need to run out of their own country to beg justice at the hands of straugers. But what followed upon this? The pope, after a sharp reply, sendeth forth a bull of malediction against the king, and of interdiction against the realm, whereby all the churches in England were shut up, the priests and religious persons were forbidden to use any liturgies or divine service, to marry, to bury, or to perform any Christian duty among the people. This put the king into such a rage, that he on the other part seised the temporalities of all bishops and abbots, and confiscated the goods of all the clergy. Then doth the pope by a solem sentence at Rome depose the king, and by a bull sent into England dischargeth his subjects of their allegiance, and by a legate sent to the king of France gave the kingdom of England to him and his successours for ever. But to return to the cause of his great quarrel with the pope. The see of Canterbury being void, the monks of Canterbury suddenly and secretly without the king's license elected one Reignold their sub-prior to be archbishop, who immediately posted away to be confirmed by the pope. But when he came there, the pope rejected him, because he came not recommended from the king. Hereupon the monks These things brought such confusion and made suit to the king to nominate some fit misery to all estates and degrees of people in person to whose election they might proceed. England, as the king became odious to all his The king commends John Gray bishop of Nor- subjects, as well to the laity as to the clergy. wich, his principal counsellor, who was after- For as the bishops and religious people cursed wards lord justice of this kingdom, who with a him abroad; so the barons took arms against full consent was elected by them, and after-him at home, till with much bloodshed they wards admitted and fully invested by the king. forced him, by granting the Great Charter, to These two elections bred such a controversie restore king Edward's laws, containing the anas none might determine but the pope, who cient liberties of the subjects of England. gave a short rule in the case; for he pro- The pope being a spectator of this tragedy, nounced both elections void, and caused some and seeing the king in so weak and desperate of the monks of Canterbury, who were then estate, sent a legate to comfort him, and to present in the court of Rome, to proceed to make a reasonable motion unto him; to wit, the election of Stephen Langton, lately made that he should surrender and give up his crown cardinal at the motion and suit of the French and kingdom to the pope, which should be reking: who being so elected was forthwith con- granted unto him again to hold in fee-farm and firmed and consecrated by the pope, and re- vassalage of the church of Rome: and that cominended to the king of England with a flat-thereupon the pope would bless him and his |