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sovereignty of the king, the liberty of the peo of that jurisdiction which belongs of right to ple, the common law, and the commonweal, his imperial crown; that the king doth lose the which otherwise had been undermined and ut service and coancil of his prelates and learned terly ruined by the usurpation of the bishop of men by translations made by the bishop of Roine.
Roine; that the king's laws are defeated at bis For albeit the kings of England were abso. will, the treasure of The realm is exhausted avd lute emperors within their dominions, and had exported to enrich his court; and that by those under them as learned a prelacy and clergy, as means the crown of England, which hath ever valiant and prudent a nobility, as free and been free, and subject unto none, but iiomewealthy a commonalty, as any was then io diately unto God, should be submitied unto Christendom; yet if we look into the stories the bishop of Rome, to the utter destruction of and records of these two imperial kingdoms, the king and the whole realm; which God dewe shall find, that if these laws of provision fend, 'say they: and thereupon, out of their exand præmunire had not been made, they had ceeding zealand fervency, they offer to live lost the name of imperial, and of kingdoms too, and die with the king in defence of the liberand had been long since made tributary pro- ties of the crown. And lastiy, they pray and vinces to the bishop of Rome, or rather part of require the king by way of justice, to examine St. Peter's patrimony in demesne. Our kings all the lords in parliament, what they thought had had their scepters wrested out of their of these manifcst wrongs and usurpations, and hands, chreir crowns spurned off from their heads, whether they would stand with the king in detheir necks trod upon; they had been made fence of his royal liberties, or no: Which the laquies or footmen to the bishop of Rome, as king did according to their petition : and the some of the emperors and French kings were ; lords spiritual and temporal did all answer, our prelates had been made bis chaplains, and that these usurpations of the bishop of Rome clerks, our nobility his vassals and servants, were against the liberties of the crown, and our commons his slaves and villains, if these that they were all bound by their allegiance to acts of manumission had not freed them. In stand with the king, and to inaintain bis honour a word, before the making of these laws, the and prerogative. And thereupon it was ens fourishing crown and commonwealth of Eng- acted with a full consent of thie three estates, land was in extreme danger to have been that such as should purchase in the court of brought into most uniserable servitude and Rome, or elsewhere, any bulls or processes, or slavery, under colour of religion and devotion other things which might touch the king in his to the see of Rome. And this was not only crown and dignity royal, and such as should seen and felt by the king, and much repined at bring them into the realm, and such as should and protested against by the nobility, but the receive them, publish them, or execute them, cominons, the general multitude of the subjects, they, their notaries, proctors, maintainers and did exclaim and cry out upon it. For the com counsellors, should be all out of the king's promons of England may be an example unto all tection, their lands and goods forfeited to the other subjects in the world in this, that they king, their bodies attached if they might be have ever been tepder and sensible of the found, or else process of praiunire fucias to wrongs aud dishonours offered unto their kings, be awarded against them. Upon these moand have ever contended to uphold and main tives, and with this affection and zeal of tlie tain their honour and sovereignty. And their people, was the statute of 16 Rich. 2. made, faith and loyalty have been generally such, whereupon we have framed our indictment. though every age hath brought forth some par Now let us look higher and see, whether the ticular monsters of disloyalty, as no pretence former laws made by king. Edw. 1. and king of zeal or religion could ever withdraw the Edw. 3, against the usurpation of the bishop of greater part of the subjects to submit them Rome, were not grounded upon the like cause selves to a foreign yoke, no not when popery and reason. The statute of 38 Edw. 3. cap. 1. was in her height and exaltation; whereof this expressing the mischiefs that did arise by Breves act and divers others of the same kind are of Citation, which drew the bodies of the clear and manifest testimonies. For this act of people, and by Bulls of provision and reserva16 Rich. 2. was made at the prayer of ihe com tion of ecclesiastical benefices, which drew the inons : which prayer they make not for them wealth of the realın, to the court of Rome, doch selves, neither shew they their own self-love declare, that by tbese means the ancient laws, therein, as in other bills which contain their customs and franchises of the realm were congrievances, but their love and zeal to the king founded, the crown of our sovereign lord the and his crown. When after the Norman Con king diminished, and his person falsely defamed, quest they importuned their kings for the Great the treasure and riches of the land carried Charter, they sought their own liberties; and away, the subjects of the realm molested and in other bills preferred commonly by the com impoverished, the benefices of holy church mons against shriefs, escheators, purveyors, or wasted and destroyed, divine service, hospitathe like, they seek their own profit and ease. lity, alms-deeds and other works of charity But here their petition is to the king, to make neglected. a law for the defence and maintenance of his Again, 27 Edw. 3. cap. 1. upon the grievous own honour. They complain, that by bulls and clamorous complaint (for that phrase is and processes from Rome, the king is deprived there 6sed) of the great men and commons
touching citations and provisions, it is enacted, I were they? You will not say they were prothat the offenders shall forfeit their lands, goods testants, for you will not adınic the 'reforined and chattels, and their bodies be imprisoned religion to be so ancient as those times : nejand ransomed at the king's will.
ther can you say they were undutiful, for they But in the stat. of 25 Edw. 3. wherein the strove to uphold their liege lord's sovereignty. first law against provisors made 25 Edw. 1. is Doubtless the people in those days did generally recited, there is a larger declaration of these embrace the vulgar errors and superstitions of inconveniences than in the two last acts before the Romish church, and in that respect were mentioned. For there all the commons of the papists as well as you. But they had not learnrealm do grievously complain, that whereas the led the new doctrine of the pope's supremacy, holy church of England was first founded in and transcendant authority over kings; they estate of prelacy by the kings and nobility of did not believe be had power to depose princes, that realm, and by them endowed with grent and discharge subjecis of their allegiance, to possessions and revenues in lands, rents and abrogate the fundamental laws of kingdoms, advowsons, to the end the people might be in and to impose his canons as binding laws upon furied in religion, hospitality might be kept, all nations, without their consents; they thought and other works of charity might be exercised it a good point of religion to be good subjects, within the realm; and whereas the king and to honour their king, to love their country, and other founders of the said prelacies were the to maintain the laws and liberties thereof, lowrightfull patrons and advowees thereof, and soerer in other points they did err and were upon avoidance of such ecclesiastical promo- mis-led with the church of Rome. tions bad power to advance thereuuto their So as now (Mr. Lalor) you have no excuse, kinsmen, friends, and other learned men of the no evasion, but your conscience must condemn birih of that realm, which being so advanced you as well as the law; since the law-makers became able and worthy persons to serve the in all ages, and all religious papists and proking in counsel, and other places in the com- testants, do condemn you: unless you think monweal; the bishop of Rome, usurping the yourself wiser than all the bishops that were seignory of such possessions and benetices, did then in England, or all the judges, who in those give and grant the same to aliens, which did days were learned in the civil and canon laws never dwell in England, and to cardinals, which as well as in the common laws of England. might not dwell there, as if he were rightful But you, being an Irishman, will say, perpatron of those benefices; whereas by the law haps, these laws were made in England, and of England he never had right to the patro- that the Irish nation gave no particular cune nage thereof; whereby in short time all the sent thereunto, only there was an implicit spiritual promotions in the realm would be en conser:t wrapt and folded up in general ierms grossed into the lands of strangers, canonical given in the statute of 10 Hen. 1. cap. 22. elections of prelates would be abolished, works whereby all statutes made in England are estaof charity would cease, the founders and true blished and made of force in Ireland. As patrons of churches would be disinberiter, the suredly, though the first parliament held in king's council would be weakened, the whole Ireland was atier the first law against provisors kingdom imporеrished, and the laws and riglits marle in England, yet have there been as many of the realm destroyed. Upon this complaint particular laws made in Ireland against provi it was resolved in parliament, that these op- sions, citations, bulls and breves of the court pressions and grievances should not be suffered of Rome, as are to be, found in all the parliain any inanner: and therefore it was enacted. ment-rolls in England. What will you say if that the king and his subjects should thence in the self-same parliament of 10 Hen. 7. cap. forth enjoy the rights of patronage ; that free 5. a special law were made, enacting, authorize elections of archbishops, bishops, and other ing and contirming in this realm all the statutes prelates elective, should be made according to of England made against provisors ; if betire the ancient grants of ihe king's progenitors and this the like law were made 32 Hen. 6 cap. 4. their founders; that no bulls of provision should and again 28 Hen. 6. cap. 30. the like ; and be put in execution, but that the provisors before that, the like law were made 40 Edw. should be attached, tined and ransomed at the 3. cap. 19. in the fainous parliament of hilking's will, and withil imprisoned, till they liant kenny; if a statute of the same nature were renounced the benefits of their bulls, satished made 7 Edw. 4. cap. 2. and a sererer law than the party grieved, and given securities not to all these, 16 Edw. 4. cap. 4. that such as pur. commit the like offence again.
chase any bulls of provision in the court of Now, Mr. Lalor, what think you of these Rome, as soon as they have published or exe things? Did you believe that such laws as these cuted the saine to the hurt of any incumbent, bad been made against the pope 200, 250, should be adjustged traitors; which act, if it be 300 years since? Was king Hen. 8. the first not repealed by the statute of queen Nary, prince that opposed the pope's usurped autho-may terrify Mr. Lalor more than all the acts rity? Were our protestants the first subjects which are before remembered ? that ever complained of the court of Roine? But let us ascend yet higher, to see hen Of what religion, think you, were the pro- the pope's usurpation, which causerl all these pounders and enacters of these laws? Were complaints, began in England, with what sucthey good catholicks, or good subjects, or wbat cess it was continued, and by what degrees it.
rose to that height, that it well nigh overtopped him God's vicar within his kingdom: which the crown; whereby it will appear whether he title he would not have given to that king, had gained a circle by prescription, by a long if bimself, under pretence of being God's and quiet possession, before the making of these vicar-general on eartb, had claimed jurisdiction laws.
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 cation, affirming that Britain was neither within conqueror. For before thạt time the pope's his diocese nor his province.--After that, about writ did not run in England, bis 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 bis voke, 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. Tor 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 upon ing the observation of Easter, wherein the Briother princes and commonweals; so did this lists and Irish churches did then differ from the spiritual prince (as they now stile him) grow to church of Rome. Colinar, 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 'vibus 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 totuin orbem' (saith he) - stulto labore cal hierarchies, two in the east, and two in the pugnant. Whereunto Colman replied, “ miror west; but the Roman patriarch exalted him-quare stultum laborem appellas, in quo tanti self, and usurped a supreinacy above them all. apostoli, qui super pectus Domini recumbere And as the rising of the Roman empire was dignus fuit, exempla sectanur. Nunquid rcmost opposed of Carthage in Africa, (emula verendissimum patrem nostrum Columbam et Roma 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 inage, whose things may be observed : first, that at this time hcad 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 tbese 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 tirst 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 But to return to our purpose. The bishop Athelstane, Edgar and Edmund, Canutus and of Rome before the first Norman conquest Edward the Confessor, and divers other kings had no jurisdiction in the realm of England, of the Saxon race, did give all the bislopricks neither in the time of the Britains, nor in in England per annulum et baculum, withthe time of the Saxons. Eleutherius, the out any other ceremony, as the emperor and pope, within less than 200 years after Christ, French king and other Christian princes were writes to Lucius, the British king, and calls wont to do. They made also several laws for
the government of the church. Among others, /' tuis id fecisse comperio. Pecunia, tribus ferè St. Ldward begins his laws with this protesta. . annis, in Galliis me agente, negligenter coltion, that it is his princely charge,' ut populun lecta est. Nunc vero divina misericordiâ me
domini, et super omnia sanctam ecclesiam, re-in regnum meum reverso, quod collectum est gat et gubernet.' And king Edgar, in his ora per præfatum legatum mittetur; et quod retion to his English clergy,' ego,' saith he, . Con liquum est, per legatos Lanfranci archiepis• stantini, vos Petri gladiun habetis : jungamus copi fidelis nostri, cum opportunum fuerit, • dextras, et gladium gladio copulemus, ut ejici-transmittetur, &c.'
antur extra castra leprosi, et purgetur sanctu But in the time of bis next successor, king • arium Doinini.' So as the kings of England William Rufus, they attempted to pass one with their own clergy did govern the church, degree farther, that is, to draw appeals to the and therein sougbe no aid of the court of Rome. court of Rome. For Avseline being made And the truth is, that though the pope had then archbishop of Canterbury, and being at some long hands, yet be did not extend them so far difference with the king, besought his leave to as England, because they were full of business go to Rome, under pretence of fetching his nearer home in drawing the emperor and the pall. The king, knowing he would appeal to French king under his yoke. But upon the the pope, denied him leave to go, and withal conquest made by the Norman, he apprehended told him that none of bis bishops ought to be the tirst occasion to usurp upon the liberties of subject to the pope, but the pope himself ought the crown of England. For the Conqueror to be subject to the emperor; and that the came in with the pope's banner, and under it king of England had the same absolute liberwon the battle which got him the garland; and ties in his dominions as the emperor had in the therefore the pope presumed he might boldly empire; and that it was an ancient custom pluck some flowers from it, being partly gained and law in England, lised time out of mind by his countenance and blessing. Hereupon be before the Conquest, that none might appeal sent two legates into Englaod, which were ad- to the pope without the king's leave; and that mitted and received by the Conqueror. With he that breaketh this law or custom doth viothem be called a synod of the clergy, and de- late the crown and dignity royal, and he that posed old Stigand, archbishop of Canterbury, | violates my crown, saith tie, is mine enemy, because he had not purchased his pall in the and a traitor. • How answer you this ?' quoth court of Rome. He displaced many bishops the king. . Christ himself answers you,' saith and abbots, to place bis Normans in their the archbishop, tu es Petrus, et super hanc rooms. And anongst the rest it is to be noted, petram, &c.' wherewith the king was nothing that the king having earnestly moved Wolstan satisfied. And thereupon Anseline departing bishop of Worcester, being then very aged, to out of the realm without licence, the king seized give up his staff; his answer was, that he would bis temporalities, and became so exasperate give up his staff only to him of whom he first and implacable towards the bishop, as he kept received the same. And so the old man went him in perpetual exile during his reign ; albeit 10 St. Edward's tomb, and there offered up his great intercession were made for his return, as staff and ring, with these words :. Of thee, 0 well by the pope as the king of France. - holy Edward, I received my staff and my ring, In the time of the next king, Hen. 1, though • and to thee I do now surrender the same again.' he were a learned and a prudent prince, yet Which proves, that before the Norman con- they souybt to gain a farther point upon him, quest the king did invest his bishops per unnu and to pluck a flower from his crown of greater luin et buculum, as I said before.
value, namely, the patronage and donation of Thus we see, by the admission of the pope's bishopricks and all other benefices ecclesiasti. legates, the first step or entry made into his cal. For Anselme being revoked and re-esusurped jurisdiction in England. Albeit, the tablished in the see of Canterbury, the bishopking still retained the absolute power of invest- ricks of Salisbury and Hereford fell void, ing bishops, and seenied only to use the advice which the king bestowed on two of bis chapand assistance of the legates in ecclesiastical laius. Bul Anselme their metropolitan did reinatters; for that iw decree passed or was put fuse to consecrate them, so as the archbishop in execution without his royal assent thereunto. of York was fain to perform that office, who Besides, how far forth he submitted himself to with the chief of the English clergy stood with the pope, it appeareth by a short epistle be the king, and withstood Anselme. Hereupon wrote to Gregory 7, in this form. • Excellen- the king requires him to do his homage; the tissimo sanciæ ecclesiæ pastori, Gregorio, bishop denies it. The king derpands of him gratiâ Dei Anglorum rex et dux Noiman- whether the patronage and investiture of all orum Willielmus salutem cum amicitia. Huu bishopricks were not his rightful inheritance. . bertus legatus tuus, religiose pater, ad me ve. The bishop said it was not his right; because • niens ex tua parte, me admonuit, ut ubi et pope Urban had lately made a decree, that no • successoribus tuis fidelitatein facerem, et de lay person should give any ecclesiastical benepecunia, quam antecessores mei ad Romanam fice. [llistor. Jornalensis M. S. in Archiv.
ecclesiam mittere solebant, melius cogitaren. Rob. Cotton, Eq. Aur.] This was the first * Unum admisi, alteruin non adınisi. Fideli- question, that ever was made, touching the
tatem facere nolui, nec volo ; quia nec ego king of England's right of patronage and dona. 'promisi, nec antecessores meos antecessoribus tion of bishopricks within his dominions. This
new question caused many messages and em- , bislopricks and other benefices; upon king bassages to Rome. At last the king writes Stephen, the appeals to the court of Rome. plainly to the pope, notun babeat sanctitas Now are we come to king lienry 2, in whose
vestra, quod me vivente, Deo auxiliante, dig- time they made a farther encroachment upon pitantes et usus regni nostri non minuentur; the crown, whereby they endeavoured to make
ego, quod absit, in tanta me directione biai but half a king, and to take away half his ponerem, inagnates mci, imo totius Angliic subjects, by exempting all clerks froin secular populus, id nullo modo pateretur.' Besides, power. llereupon rose that long and great William de Warrenast, the king's procnrator I contention between Henry 2, und Thomas in the court of Rome, told the pope, that the Becket, which on Becker's behalf may be king would rather lose his kingdoin than le rightly termed rebellion and treason; the just would lose the donation of bishopricks. The cause and ground wherevf was ihe same that pope answered, 'Know you precisely, sir, I made the late difference between the pope and
speak it before God, that for the redemption the Venetians. For a priest had comınitted a • of my head I would not suffer him to enjoy it.' foul murder; and being thereof indicted and
After this Anselme being received into the convicted, prayed the benefit of his clergy; king's favour, in a synod of the English clergy which leing allowed unto hin, he was deliverholden at London in the year 1107, a decree ed to the bishop of Salisbury, being his ordiwas marle, cui annuit rex Henricus,' saith nary, to make bis purgation ; which the murMaith. Paris, that from thenceforth,' durer failing to do should by the law have been
quam per donationem baculi pastoralis vel degraded, and delivered back to the secular 'annuli quisquam de episcopatu vel abbathia power. But the bishop, contemning the law
per regem, vel quamlibet laicam manum, in- of the land, to enlarge the liberties of the • restiretur in Anyliæ.' In recompence where church, sent his prisoner to Thomas Becket of the pope yielded this favour to the king, that then archbishop of Canterbury, who shifted thenceforth no legate should be sent from the him into an abbey, and so rescued him from pope's side into England, unless the king re- the capital punishment he had justly deserved. quired it; and that the archbishop of Canter This gip of impunity being once opened, the bury for the time being should be for ever le- clergy grew so outrageous, as the king was ingatus natus ; and Anselme, for the honour of formed of a hundred murders committed by his see, obtained, that the archbishop of Can- clerks, and yet not one of them executed for terbury should in all gencral councils sit at the the same; for that the archbishop bad protectpope's foot, tanquam alierius orbis papa.' ed them all after the same manner. For this Notwithstanding, as the succeeding popes kept the king was justly incensed against the archnot their promise touching i he sending of le. bishop, who justified his doing lierein. Wheregates, so this self-same king, after the death of upon a common council as well of the bishops Anscime, broke the decree touching the inves- as of the nobility was called, wherein they did titure of the bishops. For he gave the archbi- revive and re-establish the ancient laws and shoprick of Canterbury to Rodolph bishop of customs of the kingdom for the government London, saith Matth. Paris, et illum per an of the clergy, and ordering of causes ecclesias
nulom et pastoralem baculum investivit;' as tical, whereof these were the principal heads or before he had invested Willielmum Gifford in articles : the bishoprick of Winchester, contra novi 'concili statutn,' as the saine author reporteih.
The Constitutions of Claringdon. The times of the next succeeding king, Ste 1. That no bishop nor clerk should depart pheni were full of civil dissentions, which made the realın without the king's licence; and that the land well-nigh waste, so as St. Peter's suc such as obtained licence should give securities, cessor could not take any fish in such troubled that they should procure no hurt or damage to waters. Yet during this king's reign they won the hing or realin during their absence in that point of jurisdiction, which they attempted foreign parts.--2. That all bishopricks and to ger, but failed thereof, in the time of king abbeys being void should remain in the king's William Rutus; namely, that appeals might hands as his own demesnes, until he had chosen be made to the court of Rome. For in a and appointed a prelate thereunto ; and that synod at London summoned by llenry bishop every such prelate should do his homage to the of Winchester, the pope's legate, it was decreed king before he were admitted into the place.that appeals should be made from provincial 3. That appeals should be made in causes (Ccouncils to the pope. Before that time 'ap- clesiastical in this manner; from the archpellationes in usu non erant,' saith a monk of deacon to the ordinary, from the ordinary to that time, donec Henricus Winton. epi-co- the metropolitan, from the metropolitan to the 'pus malo suo, dum levatus esset, crudeliter king, and no farther.-4. That Peter-pence 'intrusit.' Thus did the pope usurp three should be paid no more to the pope, but to the main points of jurisdiction upon three several king.--5. That if my clerk should contit kings after the l'onquest, for of William Rufus felony, he should be hanged ; if treason, he he could wiu nothing, namely, upon thor Con should be drawn and quartered.-6. That it queror, the sending of legater or commissioners should be adjudged high-treason to bring in to hear and dele mine ecclesiastical causes; bulls of excommunication, whereby the realm upon llen, 1. the donation and investiturcs of should be cursed.--7. That no decree should VOL. II.