1. in_ernet_dli_2015_172500_2015_172500_Documents-Illustrative-Of-English-Church-History

DOCUMENTS

ILLUSTRATIVE OF ENGLISH

CHURCH HISTORY

MACMILLAN AND CO., LIMITED

LONDON · BOMBAY · CALCUTTA

MELBOURNE

THE MACMILLAN COMPANY

NEW YORK · BOSTON · CHICAGO

ATLANTA · SAN FRANCISCO

THE MACMILLAN CO OF CANADA, LTD.

TORONTO

DOCUMENTS

ILLUSTRATIVE OF ENGLISH

CHURCH HISTORY

COMPILED FROM ORIGINAL SOURCES

BY

HENRY GEE, D.D, F.S.A.

AND

WILLIAM JOHN HARDY, M.A, F.S.A.

MACMILLAN AND CO., LIMITED

ST. MARTIN'S STREET, LONDON

1910

First

Edition

1896

Reprinted

1910

ADVERTISEMENT

I CAN confidently say that this is a Book which will, and indeed must, be received as a great boon by English Churchmen. The plan on which it is conceived, the selection of documents which it contains, and the way in which they are arranged and edited, are alike very good ; and the result is a practically most useful volume. I hope that it will be received as it deserves.

W. OXON.

Feb. 14, 1896

a 3

PREFACE

THIS volume of 'Documents Illustrative of English Church History' has been compiled in order to meet a want frequently felt by students who desire to see for themselves the text of the more important documents referred to in the course of their reading.

It was obviously impossible, within a limited space, to include all such documents; but we hope that we have given at least the majority of those of primary importance which are of a later date than the Norman Conquest.

Our meagre selection prior to that date is to be accounted for by the fact that our original scheme was to include nothing earlier than the year 1066; but, on the suggestion of Dr. Bright, Regius Professor of Ecclesiastical History at Oxford, we have inserted a few more ancient documents which are intimately connected with the great landmarks in our early Church history.

In making our selection we have considered not only general theological students, but also those who may desire to acquaint themselves more fully with Church history at the chief constitutional epochs.

viii

PREFACE

We have, therefore, given a particularly large number

of documents belonging to the sixteenth and seven-

teenth centuries.

We have not, as a rule, inserted the post-Refor-

mation canons and articles of religion; not merely

because of their length, but on account of their

being contained in such books as Hardwick's History

of the Articles, and Walcott's Canons of the Church of

England, which are readily accessible works.

We have printed, in most cases, from originals or

nearly contemporary copies, but we have not gone

behind Haddan and Stubbs' Councils and Ecclesiastical

Documents, the volumes in the Rolls Series, or the

official edition of the Statutes of the Realm. With

regard to the last, we have however, in cases of doubt,

referred to the manuscript source from which they were

printed. We have thought it best to translate docu-

ments written in Latin or Norman French, and have

modernized the spelling of those written in English.

We desire to return our sincere thanks to the Bishop

of Oxford, to Dr. Bright, and to Archdeacon Perry

for most kindly advising us as to the list of docu-

ments we proposed to include in this volume. To the

Bishop of Oxford we are further indebted for reading

over the proof-sheets, and for his numerous and deeply

valued suggestions thereon.

HENRŸ GEE.

W. J. HARDY.

CONTENTS

NUMBER

DATE

PAGE

I.

The

British

Signatories

at

the

Council

of

Arles

.

.

.

1

II

Letter

of

Gregory

the

Great

to

Eulogius

.

.

.

2

III

Answers

of

Gregory

the

Great

to

St

Augustine

of

Canterbury

.

.

.

3

IV.

Gregory

the

Great's

Scheme

of

English

Diocesan

Organization

.

.

.

9

V

673

Council

of

Hertford

.

.

.

.

10

VI.

680

Council

of

Hatfield

.

.

.

.

13

VII.

The

Canons

of

Cloveshoo

.

.

.

15

VIII.

Synods

held

at

Chelsea

and

elsewhere.

.

32

IX.

803

Abolition

of

the

Metropolitan

Dignity

of

Lichfield

45

X.

855

The

Donation

of

Ethelwulf

.

.

.

47

XI.

Tithe

Ordinance

of

Athelstan

.

.

.

49

XII.

943

Selections

from

the

Constitutions

of

Odo

.

.

50

XIII.

1072

Settlement

of

the

Primacy

Dispute

.

.

52

XIV.

Canons

of

the

Council

of

London

under

Lanfranc

54

XV.

1076?

Letter

of

William

the

Conqueror

to

Pope

Gregory

VII

.

.

.

56

XVI.

?

The

Conqueror's

Mandate

for

dividing

the

Civil

and

Church

Courts

.

.

.

57

XVII.

?

William

and

the

Royal

Supremacy

.

.

.

58

XVIII.

1100

Henry's

Letter

to

Anselm

.

.

.

59

XIX.

Canons

of

the

Council

of

Westminster

.

.

61

XX.

The

Compromise

of

Investitures

.

.

63

XXI.

1108

Canons

of

Anselm

at

London

.

.

.

64

XXII.

Second

Charter

of

Stephen

.

.

.

66

XXIII.

The

Constitutions

of

Clarendon

.

.

68

XXIV.

1208

Answer

of

Innocent

III

concerning

the

Interdict

.

73

XXV.

John's

Surrender

of

the

Kingdom

to

the

Pope

.

75

XXVI.

John's

Ecclesiastical

Charter

.

.

.

77

X

CONTENTS

NUMBER

DATE

PAGE

XXVII

The

Church

Clauses

of

Magna

Carta

.

.

79

XXVIII.

1279

The

Mortmain

Act

.

.

.

.

.

81

XXIX.

The

Writ

'Circumspecte

agatis'

.

.

.

83

XXX

1295

Ecclesiastical

Summons

to

Parliament

.

.

85

XXXI.

1296

The

'Clericis

Laicos'

Bull

.

.

.

87

XXXII.

The

Barons'

Letter

to

the

Pope

from

Lincoln

.

89

XXXIII

The

Statute

of

Carlisle

.

.

.

.

92

XXXIV.

The

'Articuli

Cleri'

of

A.D.

1316

.

.

96

XXXV.

1353

The

First

Statute

of

Præmunire

.

.

.

103

XXXVI.

1377

Letter

of

Pope

Gregory

XI

to

Archbishop

Sudbury,

and

the

Bishop

of

London,

directing

proceedings

against

Wycliffe.

.

.

105

XXXVII.

1382

Wycliffe

Propositions

condemned

at

London

.

.

.

108

XXXVIII.

Letters

Patent

against

the

Lollards

.

.

110

XXXIX.

The

Second

Statute

of

Provisors

.

.

112

XL.

The

Second

Statute

of

Præmunire

.

.

122

XLI.

1394

The

Lollard

Conclusions

.

.

.

.

126

XLII.

1401

The

Act

'De

Hæretico

Comburendo'

.

.

133

XLIII.

The

Royal

Writ

for

the

Burning

of

Sawtre

.

.

138

XLIV.

Remonstrance

against

the

Legatine

Powers

of

Cardinal

Beaufort

.

.

.

.

139

XLV.

Archbishop

Bourchier's

Commission

for

Reforming

the

Clergy

.

.

.

141

XLVI.

The

Petition

of

the

Commons

.

.

.

145

XLVII.

The

Answer

of

the

Ordinaries

.

.

154

XLVIII.

The

Submission

of

the

Clergy

.

.

176

XLIX.

The

Conditional

Restraint

of

Annates

.

178

L.

The

Restraint

of

Appeals

.

.

.

187

LI.

The

Submission

of

the

Clergy

and

Restraint

of

Appeals

.

.

195

LIII.

The

Ecclesiastical

Appointments

Act,

&c.

.

.

201

LIII.

Act

forbidding

Papal

Dispensations

and

the

Payment

of

Peter's

Pence

.

.

.

209

LIV.

The

First

Act

of

Succession

.

.

.

232

LV.

1534

The

Supremacy

Act

.

.

.

.

243

LVI.

The

Second

Act

of

Succession

.

.

244

LVII.

The

Treasons

Act

.

.

.

.

247

LVIII.

Abjuration

of

Papal

Supremacy

by

the

Clergy

.

251

LIX.

Suffragan

Bishops

Act

.

.

.

253

LX.

1534

?

Note

on

the

Appointment

of

Crumwell

as

Vicar-General

.

.

.

256

LXI.

Act

for

the

Dissolution

of

the

Smaller

Monasteries

.

.

.

257

NUMBER

DATE

PAGE

LXII

The

First

Royal

Injunctions

of

Henry

VIII

269

LXIII

1538

The

Second

Royal

Injunctions

of

Henry

VIII

275

LXIV

1539

Act

for

the

Dissolution

of

the

Greater

Monasteries

281

LXV

The

Six

Articles

Act

303

LXVI.

1540

Deed

of

Surrender

of

Westminster

Abbey

320

LXVII.

Act

against

Revilers,

and

for

Receiving

in

both

Kinds

322

LXVIII

1547

Act

dissolving

the

Chantries

328

LXIX

The

First

Edwardine

Act

of

Uniformity

358

LXX.

Marriage

of

Priests

legalized

366

LXXI.

The

Second

Edwardine

Act

of

Uniformity

369

LXXII.

Mary's

First

Proclamation

about

Religion

373

LXXIII.

Mary's

First

Act

of

Repeal

377

LXXIV.

The

Injunctions

of

Mary

380

LXXV

Revival

of

the

Heresy

Acts

384

LXXVI.

Mary's

Second

Act

of

Repeal

385

LXXVII.

Elizabeth's

Proclamation

to

forbid

Preaching,

&c.

416

LXXVIII.

1559

The

Injunctions

of

Elizabeth

417

LXXIX.

1559

Elizabeth's

Supremacy

Act

restoring

Ancient

Jurisdiction,

&c.

442

LXXX

1559

Elizabeth's

Act

of

Uniformity

458

LXXXI.

1566

The

Advertisements

467

LXXXII.

Selection

from

the

Canons

of

1571

476

LXXXIII.

The

Subscription

(Thirty-nine

Articles)

Act

477

LXXXIV.

Articles

touching

Preachers

and

other

Orders

for

the

Church

481

LXXXV.

Act

against

Jesuits

and

Seminarists

485

LXXXVI

The

Act

against

Puritans

492

LXXXVII.

The

Act

against

Recusants

498

LXXXVIII.

The

Millenary

Petition

508

LXXXIX.

James'

Proclamation

for

the

Use

of

the

Book

of

Common

Prayer

512

XC

Directions

concerning

Preachers

516

XCI.

The

King's

Declaration

prefixed

to

the

Articles

of

Religion

518

XCII.

Resolutions

on

Religion

presented

by

a

Committee

of

the

House

of

Commons

521

XCIII.

1633

The

King's

Majesty's

Declaration

to

his

Subjects

concerning

Lawful

Sports

to

be

used

528

XCIV.

1633

The

Privy

Council

and

the

Position

of

the

Communion

Table

at

St.

Gregory's

533

xii

CONTENTS

NUMBER

DATE

PAGE

xcv. 1640. Note on the Canons of 1640 . . . 535

xcvi. 1640. The Etcetera Oath . . . . 536

xcvii. 1640 The Root and Branch Petition . . . 537

xcviii. 1641 The Protestation of 1641 . . . 545

xcix. 1641 Act for the Abolition of the Court of High Commission . . . 547

c 1641 Resolutions of the House of Commons on Ecclesiastical Innovations . . 551

ci. 1641. Order of the Lords concerning the Services of the Church

553

cii. 1641. Selections from the Petition and the Grand Remonstrance . . . 553

ciii. 1641 The King's Proclamation on Religion . . 562

civ. 1642. The Clerical Disabilities Act . . . 563

cv. 1642 The Declaration of the Houses on Church Reform . . . 565

cvi. 1642-6. Selection from the York, Oxford, and New-castle Propositions . . . 565

cvii. 1643 The Solemn League and Covenant . . . 569

cviii. 1639 Selections from the Agreement of the People . 574

cix. 1650 The Engagement . . . . 575

cx. 1653 Selections from the Instrument of Government 576

cxi 1654. The Commission of Triers . . . . 577

cxii. 1655 Selections from Cromwell's Proclamation . . 582

cxiii. 1657 Selections from the Humble Petition and Advuce 583

cxiv 1660. The Declaration of Breda . . . . 585

cxv. 1661. Order for the Savoy Conference . . . 588

cxvi. 1661 The Corporation Act . . . . 594

cxvii. 1662. The Uniformity Act . . . . 600

cxviii. 1665 The Five Mile Act . . . . . 620

cxix 1670 The Second Conventicle Act . . . . 623

cxx. 1673 The Test Act . . . . 632

cxxi. 1687. The Declaration of Indulgence . . . 641

cxxii. 1689. The Bill of Rights . . . . 645

cxxiii. 1689. The Toleration Act . . . . 654

cxxiv 1700. The Act of Settlement . . . . 664

DOCUMENTS

ILLUSTRATIVE OF THE HISTORY OF

THE ENGLISH CHURCH

I.

THE BRITISH SIGNATORIES AT THE

COUNCIL AT ARLES, A.D. 314.

This document, although referring strictly to the British Church, is inserted here for convenience sake. It is printed by Haddan and Stubbs, i. 7, from Labbe, I. 1430 Labbe gets it from a Corbey MS. See a discussion of its value in H. and S. l. c. Towards the latter part of the signatures to the Canons of Arles, and inserted amongst the Gallican Bishops, occur the following names :-

Eborius, Bishop of the City of York in the province of Britain.

Restitutus, Bishop of the City of London in the province above written.

Adelphius, Bishop of the City Colonia Londinensium (see this discussed in Bright, Early English Church History, p. 9).

Sacerdos, Priest ; Arminius, Deacon.

B

2

DOCUMENTS ILLUSTRATIVE OF THE

II.

LETTER OF GREGORY THE GREAT

TO EULOGIUS, A.D. 598.

598. The following extract is taken from a letter in which Gregory tells Eulogius, Patriarch of Alexandria, of the successful work carried on by St Augustine of Canterbury. The date is discussed by H. and S. iii. 14. The letter occurs in Gregory's Epistles, vii. 30.

[Tr. H. and S. iii. 12.]

Gregory to Eulogius, bishop of Alexandria. . . . Now This news is a return for that of Eulogius, since in the good deeds which you do, that really grows and concerns the mission andsuccess of Augus- tine,

I return your favour to you and give you news not unlike, how that whilst the people of the English, placed in a corner of the world, stıll remained without faith in the worship of stocks and stones, I resolved with the aid of your prayer that I ought to send to it with God's assistance a monk from my monastery to preach. He, by licence given from me, was made bishop by the bishops of the Germanies (Germanıarum) and with their encouragement was brought on his way to the people aforesaid in the ends of the world;

and now already, writings have reached us concerning his safety and work, how that both he and they who were sent with him are radiant with such great miracles amongst this same people, that they seem to imitate the powers of the who is now bishop and is notori- ous for miracles. apostles in the signs that they display. Indeed, on the solemn feast of the Lord's Nativity now past in this first indiction, more than ten thousand Angles, it is announced, were baptized by the same our brother and fellow-bishop.

And this I have told that you may know what you do among the people of Alexandria by speaking, and what in the ends of the world by prayer. For your prayers are in that place where you are not, whilst your holy deeds are exhibited in that place where you are.

His suc- cess is an answer to the prayers of Eulo- gius.

III] HISTORY OF THE ENGLISH CHURCH

3

III.

ANSWERS OF GREGORY THE GREAT TO

ST. AUGUSTINE OF CANTERBURY,

A. D. 601.

These answers are translated from Bede, H. E. i. 27. They occur

also in Gregory's Letters, xi. 64. Their date is given in the document

as 601. Augustine had written about 598. The date is discussed by

Dr. Bright, E. E. C. H., p. 57.

[Tr. Bede.]

The First Question of St. Augustine, bishop of the I. Con-

Church of Canterbury : Concerning bishops, on what terms

they should live with their clergy? into how many portions contribu-

are the offerings of the faithful to the altar to be divided ?

and how is the bishop to act in the Church ?

Gregory, Pope of the City of Rome, answers : Holy writ, in which no doubt you are well versed, testifies, and

particularly St. Paul's Epistle to Timothy, wherein he

endeavours to instruct him how he should behave himself

in the house of God, answers this question. But it is the

custom of the Apostolic See to prescribe rules to bishops

newly ordained, that all emoluments which accrue, are to

be divided into four portions ;-one for the bishop and

his household, because of hospitality and entertainment;

another for the clergy; a third for the poor; and the

fourth for the repair of churches. But in regard that you

my brother-being brought up under monastic rules, are

not to live apart from your clergy in the English Church,

Augustine

which, by God's assistance, has been lately brought to the

faith-you are to follow that course of life which our clergy,

forefathers did in the time of the primitive Church, when

none of them said anything that he possessed was his own,

but all things were in common among them.

B 2

4

DOCUMENTS ILLUSTRATIVE OF THE

601. But if there are any clerks not received into holy orders,

Clerks in minor orders may live as married men, yet under rule

who cannot live continent, they are to take wives, and

receive their stipends abroad; because we know it is

written in the authorities above mentioned, that a distri-

bution was made to each of them according to his wants.

Care is also to be taken of their stipends, and provision

to be made, and they are to be held under ecclesiastical

rule, that they may live orderly, and attend to singing of

psalms, and, by the help of God, preserve heart, and tongue,

and body from all that is unlawful. But as for those that

live in common, why need we say anything of assigning

portions, or keeping hospitality and exhibiting mercy?

inasmuch as all that can be spared is to be spent in pious

and religious works, according to the commands of Him

who is the Lord and Master of all : 'What remains give

in alms, and behold all things are clean unto you.'

2. Concerning Liturgical differences. Churches? and is one custom of masses observed in the Holy Roman Church, and another in that of the Gauls?

Hereaprudent selection is to beallowed.

Pope Gregory answers : You know, my brother, the

custom of the Roman Church, in which you remember you

were bred up. But it pleases me, that if you have found

anything, either in the Roman [Church] or [that] of the

Gauls, or any other Church, which may be more acceptable

to Almighty God, you carefully make choice of the same,

and sedulously teach the Church of the English, which as

yet is new in the faith, whatsoever you can gather from

the several Churches. For things are not to be loved for

the sake of places, but places for the sake of good things.

Choose, therefore, from each Church those things that are

pious, religious, and correct, and when you have, as it

were, made them up into one body, let the minds of the

English be accustomed thereto.

Augustine's Third Question : I beseech you to inform

3 Concerning

III] HISTORY OF THE ENGLISH CHURCH

5

me what punishment must be inflicted if any one shall

take anything by theft from the Church ?

cases of

theft from

theChurch.

Gregory answers : You may judge, my brother, by the

person of the thief, in what manner he is to be corrected.

For there are some who, having substance, commit theft; Here mo-

tives are to

and there are others who transgress in this point through

be dis-

want ; Wherefore it is requisite, that some be punished by tinguished

fine, others with stripes; some with greater severity, and

some more mildly. And when greater severity is used,

it is to proceed from charity, not from passion ; because

this is done to him who is corrected, that he may not be

pline to be

delivered up to hell-fire. For it behoves us to maintain and disci-

maintained

pline among the faithful, as good parents do with their

children after the flesh, whom they punish with stripes for accord-

ingly,

their faults, and yet design to make those their heirs whom

they chastise ; and they preserve what they possess for

those whom they seem in anger to punish. This charity

is, therefore, to be kept in view, and it dictates the measure

of the punishment, so that the mind may do nothing and resti-

tution to be

beyond the rule of reason. You may add, that they ought

made.

to restore those things which they have stolen from the

Church. But, God forbid that the Church should receive

increase from those earthly things which it seems to lose,

or seek gain out of such vain things.

Augustine's Fourth Question : Whether two brothers may

4. Two

marry two sisters, which are of a family far removed from

brothers

themselves ?

may marry

Gregory answers : This may assuredly be done; for

two sisters

nothing is found in holy writ that seems to contradict it.

not near

akin to

them.

Augustine's Fifth Question : To what degree may the

5. Con-

faithful marry with their kindred ? and whether it is lawful

cerning

for men to marry their stepmothers and sisters-in-law

marriage

[cognatis] ?

with a

Gregory answers : A certain worldly law in the Roman

step-

Commonwealth allows, that the son and daughter of a

mother or

sister-in-

law.

6

DOCUMENTS ILLUSTRATIVE OF THE

Marriage with cousins is legal but to be deprecated;

brother and sister, or of two brothers, or two sisters, may be joined in matrimony ; but we have found, by experience, that the offspring of such wedlock cannot thrive ; and the Divine Law forbids a man to 'uncover the nakedness of his kindred.' Hence of necessity they must be of the third or fourth generation of the faithful, that can be lawfully joined in matrimony ; for the second, which we have mentioned, must altogether abstain from one another.

with a mother-in-law it is criminal;

To marry with one's stepmother is a heinous crime, because it is written in the Law, 'Thou shalt not uncover the nakedness of thy father': now the son, indeed, cannot uncover his father's nakedness; but in regard that it is written, 'They shall be two in one flesh,' he that presumes to uncover the nakedness of his stepmother, who was one flesh with his father, certainly uncovers the nakedness of his father.

with a sister-in-law too.

It is also prohibited to marry with a sister-in-law, because by the former union she is become the brother's flesh.

In connexion with which thing also John the Baptist was beheaded, and consummated with holy martyrdom.

For, though he was not ordered to deny Christ, and indeed was killed for confessing Christ, yet in regard that the same Jesus Christ, our Lord, said, 'I am the Truth,' because John was killed for the truth, he also shed his blood for Christ.

But forasmuch as there are many in the nation of the English, who, whilst they were still in infidelity, are said to have been joined in this execrable matrimony, they, when they come to the faith, are to be admonished to abstain from each other, and be made to know that this is a grievous sin.

Those who have contracted illicit unions, when heathen, are to revoke them.

Let them fear the dreadful judgment of God, lest, for the gratification of their carnal appetites, they incur the torments of eternal punishment.

Yet they are not on this account to be deprived of the communion of the sacred Body and Blood of the Lord, lest we should seem to visit upon them those things which they did through ignorance, before they had

III] HISTORY OF THE ENGLISH CHURCH

received baptism. For at this time the Holy Church chastises some things through zeal, and tolerates others through leniency, and connives at some things through discretion, that so she may often, by this forbearance and connivance, suppress the evil which she disapproves. But all that come to the faith are to be admonished not to perpetrate such crimes. And if any shall be guilty of them, they are to be excluded from the communion of the Body and Blood of the Lord, although the offence is, in some measure, to be tolerated in those who have done it in ignorance.

Augustine's Sixth Question : Whether a bishop may be ordained without other bishops being present, in case there be so great a distance between them that they cannot easily assemble?

Gregory answers : As for the Church of the English, in which you are as yet the only bishop, you can no otherwise ordain a bishop than in the absence of other bishops ; for when do bishops come from Gaul, to be present as witnesses necessary, to you in ordaining a bishop? But we would have you, my brother, to ordain bishops in such a manner that the said bishops may not be far asunder, that when a new bishop is to be ordained, there be no difficulty, but that other pastors also, whose presence is necessary, may easily come together.

Thus when, by the help of God, bishops shall be so constituted in places everywhere near to one another, no ordination canonical of a bishop is to be performed without assembling three or four bishops. For, even in spiritual affairs, we may take example by the temporal, that they may be wisely and deliberately conducted. It is certain, that when marriages are celebrated in the world, some married persons are assembled, that those who have preceded in the way of matrimony should partake in the joy of the subsequent union also ; why, then, at this spiritual ordination, wherein, by means of the sacred ministry, man is joined to God, should not such persons be assembled as may either rejoice

8

DOCUMENTS ILLUSTRATIVE OF THE

[111

601. in the advancement of the new bishop, or jointly pour forth

their prayers to Almighty God for his preservation?

7. Concerning the British and Gallic bishops.

Augustine's Seventh Question : How are we to deal with

the bishops of the Gauls and Britain ?

Gregory answers : We give you no authority over the

bishops of the Gauls, because the bishop of Arles received

the pall in ancient times from my predecessors, and we are

not to deprive him of the authority he has received. If it

shall therefore happen, my brother, that you go over into

the province of the Gauls, you are to treat with the said

bishop of Arles, and if there be any faults among the

bishops, they may be amended ; and if he shall be lukewarm

in keeping up discipline, he must be corrected by your zeal.

To him we have also written, that when your holiness shall

be in Gaul, he may also use all his endeavours to assist you,

and restrain among the bishops all that shall be opposite to

the command of our Creator. But you shall not, outside

your own jurisdiction, have power to judge the bishops of

the Gauls, but by persuading, soothing, and showing good

works for them to imitate, you shall reform the minds of

wicked men to the pursuit of holiness ; for it is written in

the Law, 'When thou comest into the standing corn of thy

neighbours, then thou mayest pluck the ears with thine

hand ; but thou shalt not move a sickle unto thy neigh-

bour's standing corn, but rub the ears of corn in thine hand

and eat.' For thou mayest not apply the sickle of judg-

ment to that harvest which seems to have been committed

to another ; but by the love of good works, thou shalt clear

the Lord's wheat from the chaff of their vices, and convert

them into the body of the Church by admonition and persua-

sion, as it were taking a bite [mandendo]. But whatsoever

is to be done by authority, must be transacted in conjunc-

tion with the aforesaid bishop of Arles, lest that should be

omitted, which the ancient institution of the fathers has

appointed. But as for all the bishops of Britain, we commit

Full juris-

diction is

iv] HISTORY OF THE ENGLISH CHURCH

them all to your care, that the unlearned may be taught, the

weak strengthened by persuasion, and the perverse corrected

by authority.

[Various other answers follow on questions of ceremonial purity.]

IV.

GREGORY THE GREAT'S SCHEME OF ENGLISH

DIOCESAN ORGANIZATION, A.D. 601.

This scheme was communicated to St Augustine in a letter which

arrived at the same time as the previous document. Bede, H E. i. 29 ;

Gregory, Ep. xi. 65.

[Gidley's tr. revised.]

To the most reverend and holy brother and fellow-

bishop, Augustine, Gregory, servant of the servants of God.

Although it is certain that the unspeakable rewards of the

eternal kingdom are kept for those who labour for God

Almighty, it is, however, necessary for us to render to them

the benefits of honours, that from this recompense they may

be able to labour more abundantly in the zeal of their

spiritual work. And because the new Church of the English and desire

is brought to the grace of Almighty God by the bounty of

the same Lord, and by your toil, we grant to you the use

of the pall in the same to perform the solemnities of masses

only, so that in several places you ordain twelve [several]

bishops to be under your authority so far as that the bishop

of the City of London ought always hereafter to be conse-

crated by his own synod and receive the pall of honour

from this holy and Apostolic See which, by God's authority,

I serve. Moreover we will that you send a bishop to York,

whom you shall have seen fit to ordain—yet only so that if

the same city shall receive the word of God along with the

neighbouring places, he himself also ordain twelve bishops,

IO

DOCUMENTS ILLUSTRATIVE OF THE [IV

601. and enjoy the honour of metropolitan, because if our life

The pri- pall. But we will that he be subject to your authority, my

macy of Canter- brother, and that after your decease he should preside over

bury is over all, but for the bishops he has ordained, but without being in any wise

your life only, and after that subject to the Bishop of London. Moreover, for the future,

the senior bishop, let there be this distinction of honour betweenen the bishops of

whether of London or York, is to the City of London and of York, that he himself take the pre-

take precedence. cedence who has been first ordained. But whatever things are

In any case let har- for the zeal of Christ must be done by common counsel and

mony subsist. You are to be harmonious action : let them arrange these concordantly,

an example to all priests as well as bishops under your authority.

let them take right views and give effect to their views without any mutual misunderstanding. But you, my brother,

shall have subject to you not only the bishops you ordain,

and not solely those ordained by the Bishop of York, but

as well all the priests of Britain, by the authority of our

Lord Jesus Christ, so that from the lips and life of your

holiness they may receive the form both of correct belief

and of holy life, and fulfilling their office in faith and

morals, may, when the Lord wills, attain the kingdom of

heaven. May God keep you safe, most reverend brother.

Dated the 22nd of June in the 19th year of the reign of

Mauritius Tiberius, the most pious Augustus, in the 18th

year after the consulship of the same lord, in the 4th

indiction.

V.

COUNCIL OF HERTFORD, A.D. 673.

673. The following document is a translation of Bede, H. E iv. 5, in

which he describes the circumstances and the canons of a Council

held by Theodore at Hertford, Sept. 24, A.D. 673.

[Gidley's tr revised ]

Circum- In the name of our Lord God and Saviour Jesus Christ,

stances of the synod. in the perpetual reign and government of our Lord Jesus

v] HISTORY OF THE ENGLISH CHURCH

Christ. It seemed good that that we should come together

according to the prescription of the venerable canons, to

treat of the necessary affairs of the Church. We are met

together on this 24th day of September, the first indiction,

in a place called Hertford, I, Theodore, bishop of the

Church of Canterbury, appointed thereto, unworthy as I am,

by the Apostolic See, and our most reverend brother Bisi,

bishop of the East Angles, together with our brother and

fellow-bishop Wilfrid, bishop of the nation of the Northum-

brians, who was present by his proper legates, as also our

brethren and fellow-bishops, Putta, bishop of the Castle

of the Kentishmen, called Rochester, Leutherius, bishop

of the West Saxons, and Winfried, bishop of the province of

the Mercians were present; and when we were assembled

and had taken our proper places, I said: I beseech you, be-

loved brethren, for the fear and love of our Redeemer, that

we may faithfully enter into a common treaty for the sincere

observance of whatsoever has been decreed and determined

by the holy and approved fathers. I enlarged upon these

and many other things tending unto charity, and the pre-

servation of the unity of the Church. And when I had

finished my speech I asked them singly and in order

whether they consented to observe all things which had

been of old canonically decreed by the fathers? To which

all our fellow-priests answered: we are all well agreed

readily and cheerfully to keep whatever the canons of the

holy fathers have prescribed. Whereupon I presently pro-

duced the book of canons, and pointed out ten particulars,

Theodore which I had marked as being in a more special manner

produces ten canons known by me to be necessary for us, and proposed that all for their

would undertake diligently to observe them, namely:

accept-

ance.

1. That we shall jointly keep Easter Day on the Lord's

2. Date of

Day after the fourteenth day of the moon in the first Easter.

month.

2. That no bishop invade the diocese [parochia] of limits.

3. Epis-

copal

12

DOCUMENTS ILLUSTRATIVE OF THE

673. another, but be content with the government of the people

committed to him.

3 Bishops andmonas- teries.

3. That no bishop be allowed to offer any molestation to

monasteries consecrated to God, nor to take away by

violence anything that belongs to them.

4. Wander- ing monks

5. That the monks themselves go not from place to

place, that is from one monastery to another, without the

leave of their own abbot, but continue in that obedience

which they promised at the time of their conversion.

5 Wander- ing clergy.

5. That no clerk, leaving his own bishop, go up and down

at his own pleasure, nor be received wherever he comes

without the commendatory letters of his bishop; but if he

be once received and refuse to return when he is desired so

to do, both the receiver and the received shall be laid under

an excommunication.

6. Treat- ment of strange clergy.

7. That strange bishops and clerks be content with the

hospitality that is freely offered them, and let not any of them

exercise any priestly function without permission of the

bishop in whose diocese he is known to be.

7. Yearly synods.

8. That a synod be assembled twice in the year. But

because many occasions may hinder this, it was jointly

agreed by all that once in the year it be assembled on the

first of August at the place called Cloveshoo.

8. Epis- copal pre- cedence.

9. That no bishop put himself before another out of an

affectation of precedence, but that every one observe the

time and order of his consecration.

9 Sub- division of sees.

9. We had a conference together concerning increasing

the number of bishops in proportion to the number of the

faithful, but we determine nothing as to this point at

present.

10. Con- cerning marriage.

11. As to matrimony : that none be allowed to any but

what is lawful. Let none commit incest. Let no one

relinquish his own wife, but for fornication, as the Gospel

teaches. But if any shall have dismissed a wife to whom

he has been lawfully married, let him not be coupled to

vi] HISTORY OF THE ENGLISH CHURCH

13

another if he wish to be really a Christian, but remain as he

is or be reconciled to his wife.

After we had jointly treated upon and determined these

points, to the intent that no scandalous contention should

be raised henceforth by any of us, and that there should be

no mistake in the publication of them, it seemed proper Subscrip-

that every one of us should confirm them by the subscrip- tion and

tion of his own hand, according as they had been deter- mined.

I dictated this our definitive sentence to be written

by Titillus the notary. Done in the month and indiction

above written. Whosoever therefore shall attempt to oppose

and infringe this sentence, confirmed by our consent and

the subscription of our hands as agreeable to the decrees of

the canons, let him know that he is forbidden every func-

tion of a priest and all society with us. May the Divine

grace preserve us safe in the unity of the Church so long

as we live.

VI.

COUNCIL OF HATFIELD, A.D. 680.

The following account of the Council, held by Theodore at Hatfield,

Sept. 17, 680, is supplied by Bede, H. E. iv. 17, 18.

[Gidley's tr revised ]

At this time Theodore, hearing that the faith of the Circum-

Church at Constantinople had been much disturbed by the

stances of heresy of Eutyches, and being desirous that the Churches

of the English, over which he ruled, should abide free from

such a stain, having collected an assemblage of venerable

priests and very many doctors, diligently inquired what

belief they each held, and found an unanimous agreement

of all in the Catholic faith ; and this he took care to commit

to a synodal letter for the instruction and remembrance of

posterity ; of which letter, to wit, this is the beginning :—

'In the name of our Lord and Saviour Jesus Christ, in

Its date and place.

14

DOCUMENTS ILLUSTRATIVE OF THE

680. the reign of our most pious lords, Egfrid, king of the Humbrians, in the tenth year of his reign, on the fifteenth day before the Kalends of October; and Ethelred, king of the Mercians, in the sixth year of his reign; and Aldwulf, king of the East Angles, in the seventeenth year of his reign; and Hlothair, king of the Kentishmen, in the seventh year of his reign. Theodore being president, by the grace of God, archbishop of the island of Britain and of the city of Canterbury, and other venerable men sitting with him, bishops of the island of Britain, with the holy Gospels laid before them, in the place which is called by the Saxon name of Hatfield; we handling the subject in concert, have made an exposition of the right and orthodox faith, even as our Incarnate Lord Jesus Christ delivered to his disciples, who saw him present, and heard his discourses, and as the creed of the holy fathers has delivered, and generally all the assembly of approved doctors of the Catholic Church—we therefore piously and orthodoxly following them, and making our profession according to their divinely inspired teaching, believe in unison with it, and confess according to the holy fathers, that the Father and Son and Holy Ghost are properly and truly a consubstantial Trinity in Unity and Unity in Trinity; that is one God in three consubstantial subsistentiis, or Persons of equal glory and honour.'

Ratifica-tion of the Catholic faith of the Trinity.

And after many things of this kind that pertained to the confession of the right faith, the holy synod also adds this to its letter:-

'We have received, as holy and universal, five synods of the fathers blessed and acceptable to God, that is of the 318 who were assembled at Nicæa against the most impious Arius and the tenets of the same; and of 150 at Constantinople against the madness of Macedonius and Eudoxius and their dogmas; and of 200 in the first Council of Ephesus against the most wicked Nestorius, and the

Accept-ance of the five general Councils and the Roman Council of 649.

viI] HISTORY OF THE ENGLISH CHURCH

15

dogmas of the same; and of 630 at Chalcedon against Eutyches and Nestorius and their dogmas ; and again of those who were assembled in a fifth Council at Constantinoplen, in the time of the younger Justinian, against Theodoret and Ibas and their dogmas, against Cyril,

And a little after : ' Also we have received the synod that was held in the city of Rome in the time of the blessed Pope Martin in the eighth indiction in the ninth year of the reign of the most pious Constantine1. And we glorify our Lord Jesus Christ as they glorified him, neither adding nor subtracting anything ; and we anathematize with heart and mouth those whom they anathematized; and those Anathema whom they received we receive, glorifying God the Father of all contrary

without beginning, and his only-begotten Son, begotten of doctrine the Father before the world began, and the Holy Ghost proceeding ineffably from the Father and the Son, as those holy apostles and prophets and doctors have declared of whom we have spoken above. And all we who have with Theodore made an exposition of the Catholic faith have subscribed hereto.'

VII.

THE CANONS OF CLOVESHOo, A.D. 747.

Many Councils were held at Cloveshoo, whatever the correct identification of the place may be. The most important of all recorded took place in the year 747, for the reformation of abuses. An abstract of the Acts of this Council is given in William of Malmesbury, Gest. Pont. i. 5. See H. and S. iii. 360 The document translated below is now lost. Spelman printed it from Cotton MS, Otho A. I, which was burnt in the fire of 1731.

[Johnson's tr. revised.]

In the perpetual reign of our Lord Jesus Christ, who orders all things at the command of the Father, and by the

1 A mistake for Constans.

16

DOCUMENTS ILLUSTRATIVE OF THE [vii

747. lively grace of the Holy Ghost. The under-written acts

Place, were done in synod, at the beginning of September, near

members, the place called Cloveshoo : these prelates of the Churches

and date of Christ, beloved of God, being present, viz.—The honour-

Council. able Archbishop Cuthbert ; and the venerable prelate of the

Church of Rochester, Dun ; and the most reverend bishops

of the Mercians, Totta, and Huita, and Podda ; and the

most approved prelates of the West [Saxons], Hunferd and

Herewald ; and the venerable priests Heardulf of the East

Angles, and Ecgulph of the East Saxons, and Milred of

the Hwiccians ; also the honourable bishops, Alwi of the

province of Lindsey, and Sicga of the South Saxons, in the

year of our Lord’s incarnation 747, indiction 15, the 32nd

year of the reign of Ethelbald, king of the Mercians, who

was then present with his princes and chief men [ducibus].

When the said prelates of the sacred order, of divers

provinces of Britain, with many priests of the Lord, and of

those of the ecclesiastical order in lesser dignities, met the

venerable Archbishop Cuthbert at the place of synod, and

they were set down to treat of, and settle the unity of the

Church, and the state of Christianity, and agreement of

peace, after a devout mutual salutation, the writings of Pope

Zachary (the Pontiff and Apostolic Lord, to be venerated

Letters throughout the world) in two charters, were in the first

from Pope place produced, and publicly recited, and explained in our

Zachary own tongue, as he himself, by his apostolic authority,

are pro- enjoined. In which writings the famous pontiff Zachary

duced, admonished, in a familiar manner, the inhabitants of this

Isle of Britain, of our stock, of every rank and degree of

quality, and authoritatively charged them, as present before

him, and lastly in a loving manner entreated them, and

suggested among other things that a sentence of anathema

should be certainly published against those that persisted

in their pertinacious malice and contempt of all this ; as in

them is evident to those who read.

viI] HISTORY OF THE ENGLISH CHURCH

17

After the reading thereof, and the dread admonition, the 747.

prelates who were promoted by God to be masters to others, and the bishops betook themselves to mutual exhortations ; and contem- mutually plated themselves, and their office (by which others were to admonish be instructed in the service of God) in the Homilies of the one an- blessed Father Gregory, and in the canonical decrees of the other.

holy fathers, as in a bright mirror.

1. And then, at the outset of their decrees, they estab- The canons lished it with authentic sanction, that every bishop be follow · ready to defend the pastoral charge entrusted to him, and I That the canonical institutions of the Church of Christ (by God's bishops protection and assistance), with his utmost endeavour, against carefully attend to the various and wicked assaults [that are made upon them]; their pas- nor be more engaged in secular affairs (which God forbid) charge and tardiness in teaching, but be adorned with good manners, secular with the virtues of abstinence, with works of righteousness, business. and with learned studies, that, so, according to the apostle, they may be able to reform the people of God by their example, and instruct them by the preaching of sound doctrine.

2. In the second place, they firmly agreed with an attes- 2. Mutual tation, that they would devote themselves to intimate peace peace to be observed and sincere charity, everywhere amongst them perpetually to by all endure; and that there should be one concord of all amongst ecclesias- all men of ecclesiastical religion, in word, in work, in judg- tics. ment (without flattering of any person), as being ministers of one Lord, and fellow-servants in one ministry : that though they are far distant in sees, yet they may be joined together in mind by one Spirit, serving God in faith, hope, and charity, praying diligently for one another, that each one of them may faithfully finish his race.

3. In the third place they enacted, that every bishop 3. Bishops should every year visit his diocese [parochiam], by travelling their through it, going about, and making an inspection into it ; dioceses everyyear.

C

18

DOCUMENTS ILLUSTRATIVE OF THE

747. and that he should call to him at convenient places the people of every condition and sex, and plainly teach them who rarely hear the word of God · forbidding them, among other sins, pagan observances, diviners, sorcerers, auguries, omens, amulets, charms, or all the filth of the wicked, and the errors of the Gentiles.

4 Bishops are to exhort all monastic heads to observe rule.

4 In the fourth article of agreement they have determined that the bishops do admonish the abbots and abbesses, within their dioceses, that they be examples of good life, and take diligent care that those subject to them be regular in their conversation ; yet so as that they remember to love their own families worthily in the Lord ; to treat them not as servants but as children ; to provide necessities for them, according to the monastic way of life and to their utmost ability ; that the same abbots and abbesses fully discharge their trust, as to the estates of their monasteries, and by all means take heed that they be not robbed of them.

5 Secular monasteries to be reformed.

5. It was argued in the fifth place, that it is necessary for bishops to go to the monasteries (which in these times cannot be in any wise reformed according to the model of Christianity, by reason of the violence of tyrannical covetousness), which are, we know not how, possessed by secular men, not by Divine law, but by presumptuous human invention. Yet they [the bishops] ought to go for the health of the souls who dwell therein ; and among their other exhortations provide that what is already in a declining state be not further risked for want of the ministry of a priest, though their possessors promote this state of things.

6 Candidates for ordination to be examined.

6. It is ordained by the sixth decree, that bishops ordain no monk, or clerk, to the degree of a priest, till they first make open inquiry into his former life, and into his present probity of manners and knowledge of the faith. For how can he preach sound faith, or give a knowledge of the word, or discreetly enjoin penance to others, who has not earnestly bent his mind to these studies; that he may be

viI] HISTORY OF THE ENGLISH CHURCH

19

able according to the apostle, ‘To exhort with sound doctrine.’

748. They decreed in the seventh article of agreement, that Monks bishops, abbots, and abbesses, should by all means take are to give care and diligently provide, that their families do incessantly to reading. apply their minds to reading, and that knowledge be spread

by the voices of many to the gaining of souls, and to the praise of the Eternal King. For it is sad to say, how few, in these times, do heartily love and labour for sacred knowledge, and are willing to take pains in learning: but they are from their youth up rather employed in divers vanities, and the affectation of vain-glory ; and they rather pursue the amusements of this present unstable life, than the assiduous study of the Holy Scriptures. Therefore let boys be kept and trained up in the schools, to the love of sacred knowledge, that being by this means well learned, they may become in all respects useful to the Church of God. And let not the rulers [rectores] be so greedy of worldly labour as to render the house of God vile for want of spiritual adornment.

8 Under the eighth head, they admonished priests incessantly to remember to what purpose they are promoted are not to above others, by Divine ordination; namely, they that are secular called ‘God’s ministers and stewards of the mysteries of Christ,’ and then that ‘it is required of stewards, that a man be found faithful.’ Therefore let them know that it is necessary for them, in regard to God, to desist from secular business and causes, so far as they can, and to discharge their duty at the altar and in divine service with the utmost application ; that they carefully preserve the house of prayer, and all its furniture ; that they spend their time in reading, celebration of masses, and psalmody ; [and] that they be mindful according to their duty enjoined them by God, to be assistants to their abbots and abbesses, with diligence and fidelity, whensoever there seems to be occasion

C 2

20

DOCUMENTS ILLUSTRATIVE OF THE [vii

747. for it, that is, in admonishing, reprehending, and exhorting

those subject to them, that others, by their example and

life, may be incited to the service of God.

9 Priests 9. They added next under the ninth head, that priests

are to bap- in places and districts assigned to them by the bishops

tize and to preach of the province, take care to discharge the duty of the

diligently. apostolic commission, in baptizing, teaching and visiting :

according to lawful rites, with great diligence, that they

may, according to the apostle, 'be accounted worthy of

double honour.' And let them by all means take care,

as becomes the ministers of God, that they do not give

to the seculars or monastics, an example of contemptible

or wicked conversation ; that is (to say no more) by

drunkenness, love of filthy lucre, or obscene talking, and

the like.

10. Priests 10. In the tenth decree, they taught that priests should

are to understand learn to know how to perform according to the lawful rites,

the mean- every office belonging to their orders. And then let them

ing of offices and who know it not, learn to construe and explain in their

ceremo- own tongue, the Creed and Lord's Prayer, and the sacred

nies. words which are solemnly pronounced at the celebration

of the Mass, and in the office of Baptism. Let them also

take care to learn what those sacraments which are visibly

performed in the Mass, Baptism, and other ecclesiastical

offices, do spiritually signify ; lest they be found dumb and

ignorant in those intercessions which they make to God,

for the atonement of the sins of the people or in their own

ministerial offices, if they do not understand the meaning

of their own words, [nor] the sacraments, by which others,

through them, are making proficiency to eternal life.

11. All 11. They proceeded in the eleventh mandate, that all

priests are priests should perform every sacerdotal ministry, every-

to officiate where, in the same way and fashion, in baptizing, teaching,

in a uni- and giving sentence ; and, which is of principal importance,

form way. that their sentiments concerning the belief of the sacred

viI] HISTORY OF THE ENGLISH CHURCH

21

Trinity be right and sincere ; and that they do in the first

place, teach all, that come to take directions concerning

their own life from them, that 'without faith it is impossible

to please God.' And that they instil the creed into them,

that they may know what to believe and what to hope for :

and that they deliver it to infants, or to those who under-

take for them in baptism, and teach them carefully the

renunciation of the pomps of the devil, and auguries, and

divinations ; and afterwards teach them to make the estab-

lished professions.

748. They added in the twelfth article, that priests should

not declaim in church like secular poets, lest they spoil

or confuse the composition and distinction of the sacred

words, by a dramatic pronunciation, but follow the plain

song, or holy melody, according to the custom of the

Church. Let him who cannot attain to this, simply read,

pronounce and rehearse the words, as the moment requires.

And let them not presume upon what belongs to the

bishop. In the meantime, let priests not presume or

attempt in any wise to perform any of those things which

are peculiar to bishops in some of the ecclesiastical offices.

12 Priests

are to sing

the service

simply and

to keep to

their own

functions.

13. It is determined by the thirteenth decree, that the

holy festivals of our Lord's Incarnation be uniformly ob-

served, viz.—in the office of Baptism, and the celebration

of masses, in the manner of singing according to the way.

written copy which we have from the Roman Church.

And that the nativities of the saints, throughout the circle

of the whole year, be venerably kept on the same day,

according to the martyrology of the said Roman Church,

with their proper psalmody.

13 Festivals are to

be kept in

vals

14. In the fourteenth place it is ordained, that the Lord's

day be celebrated by all, with due veneration, and wholly

dedicated to divine service. And let all abbots and priests,

on that most sacred day, remain in their monasteries and

churches and say solemn mass : and laying aside all ex-

14. Of the

observance

of the

Lord's

Day.

22

DOCUMENTS ILLUSTRATIVE OF THE

747. ternal business, and secular meetings and journeyings,

except the cause be insuperable, let them by preaching

instruct the servants subject to them, from the oracles of

Holy Scripture, in the rules of religious conversation and

of good living. It is also decreed that on that day and

the great festivals, the priests of God do often invite the

people to meet in the church, to hear the word of God,

and be often present at the sacraments of the masses and

at preaching of sermons.

15 The

15. Under the fifteenth head they have determined that

seven the seven canonical hours of prayer, by day and night,

canonical hours to be diligently observed, by singing proper psalms and can-

observed. ticles ; and that the uniformity of the monastic psalmody

be everywhere followed, and nothing be read or sung

which is not allowed by common use ; but only what is

derived from the authority of the Holy Scriptures and what

the custom of the Roman Church permits ; that so men

may unanimously praise God with one mouth. In this

they also agreed that ecclesiastics and monastics should

remember to entreat the pity of the Divine clemency, not

only for themselves, but for kings, and for the safety of

Christian people, at the proper hours of prayer.

16 Roga-

16. They agreed under the sixteenth head, that the

tion days Litanies, that is Rogations, be kept with great reverence

to be kept by the clergy, and all the people, on these days, viz. : the

seventh of the Kalends of May [April 25] according

to the rites of the Roman Church, where this is called the

greater Litany ; and also according to the custom of our

ancestors, on the three days before our Lord's ascension

into heaven, with fasting till nones, and celebration of

masses, not with a mixture of vanities, as is the fashion

of many, who are either negligent or ignorant—that is with

games, and horse races, and great banquets ; but rather

with fear and trembling, with the sign of Christ's passion

and of our eternal redemption carried before them. to-

viI] HISTORY OF THE ENGLISH CHURCH

23

gether with the relics of saints. Let all the people with

747

bended knees humbly entreat the pardon of God for their

sins.

17. It was constituted in the seventeenth precept, that the

18. The

birthday of the blessed Pope Gregory and also the day of

festivals of

the burial of St. Augustine the Archbishop and Confessor

gory and

(who being sent to the English by the said Pope, our father

Augustine

Gregory, first brought the knowledge of the faith, the sacra-

to be kept.

ment of Baptism, and the notice of the heavenly country),

which is the 26th of May, be honourably observed by all :

so that each day be kept with a cessation from labour, by

ecclesiastics and monastics ; and that the name of our

blessed father and doctor Augustine be always mentioned

in singing the Litany after the invocation of St. Gregory.

18. It was constituted in the eighteenth mandate, that none

18 Ember

should neglect the times of the fasts; that is of the fourth,

fasts to be

seventh and tenth month, but that the people be informed of

kept.

them every year before they begin, that so they may know

and observe the established fasts of the Universal Church,

and that all may do it in a uniform manner, and make no

difference in the observance ; but take care to celebrate it

according to the rites of the Roman Church, of which we

have a written copy.

19. It was given in charge in the nineteenth place, that

20. The

monks and nuns be humbly subject to their superior, regularly

religious to

constituted, and lead a quiet life under rule, and without

observe

dissension, and firmly retain those things which are agree-

dress

able to the profession of their habit ; and let them not use

appropri-

gorgeous apparel, or such as savours of vainglory, like secu-

ately.

lars, but a simple habit, such as agrees with their profession.

20. It is enacted by the twentieth decree, that bishops by

20 Bishops

a vigilant inspection in their dioceses, take care that monas-

tion to see

teries, as their name imports, be honest habitations of the

that the

silent and quiet, and of such as labour for God's sake ; not

religious

observe

receptacles of recreative arts, of poets, harpers, musicians,

such

statutes,

24

DOCUMENTS ILLUSTRATIVE OF THE

747. and buffoons, but habitations of those who pray, and read, and praise God. And that leave be not given to any secular to roam about through places which are not meant for them, nor to have the run of the inner cells of a monastery, lest at any time they should carry away thence matter for finding fault, if they see or hear anything unbecoming in the cloisters of a monastery; for such familiarity with lay folk, especially in the monasteries of nuns whose discipline is not very strict [minus regulariter conversantium], is hurtful and prejudicial; because, by this means, causes of suspicions among adversaries [adversorum] or wicked men not only arise, but are in fact committed, and spread abroad, to the bad repute of our [nostræ] profession.

Let [not] therefore nunneries be dens for unseemly gossip, feastings, drunkenness and luxury, but habitations of such as live in continence and sobriety, and who read and sing psalms; and let these spend their time in reading books and singing psalms, rather than in weaving and working parti-coloured, vainglorious apparel.

21 Against drunkenness in ecclesiastics.

21. It is ordained in the twenty-first place, that monastics and ecclesiastics neither follow nor affect the vice of drunkenness, but avoid it as deadly poison, since the apostle declares, 'Drunkards inherit not the kingdom of God.' And at another place, 'Be not drunk with wine, in which is luxury.' Nor let them force others to drink intemperately, but let their entertainments be cleanly and sober, not luxurious, nor with any mixture of delicacies or buffooneries, lest the reverence due to their habit grow into contempt and be deservedly in ill-repute among seculars: and that unless some necessary infirmity compel them, they do not, like common tipplers, indulge in drinkings till the canonical, that is the third hour, be fully come.

22 Ecclesiastics to communicate frequently.

22. It was decreed in the twenty-second head, that all monastics and ecclesiastics, be admonished to keep themselves always prepared for the Holy Communion of the Body

viI] HISTORY OF THE ENGLISH CHURCH

and Blood of our Lord : and that rectors take diligent care

that none of those subject to them lead such dissolute,

wretched lives as to be separated from the participation of

the altar (their sins so requiring), or be careless in confessing

and doing penance for their crimes. If any one be found

so, let him be sharply reproved.

23. It was added in the twenty-third place, that lay-boys

be likewise admonished to communicate, while they are not

as yet corrupted, not being of the lustful age ; also those of

a riper age, whether unmarried or married, who refrain from

sin, are to be exhorted to the same purpose, that they fre-

quently communicate, lest they grow weak for want of the

salutary meat and drink, since our Lord says, 'Except ye eat

the flesh of the Son of Man,' &c.

24 It was enacted under the twenty-fourth head, that if any

secular desire to enter into the service of the holy profes-

sion, he should not receive the tonsure before his conversa-

tion and moral qualifications (according to the prescript of

the monastic rule) be clearly tried, according to the apos-

tolical precept, saying, 'Try the spirits whether they are of

God,' unless some reasonable cause plead for his being pre-

viously admitted into the congregation. Further, let bishops

of churches and rectors of monasteries know that they

ought the more diligently to try and examine every one

while he is in the lay habit, before beginning monastic life,

that they may the better bear with him, being such as they

had upon trial found him, if after his admission he displease,

and prove intractable ; nor by any means should they rashly

expel him for any cause, so that he scandalously go from

one layman's house to another, to the reproach of our

profession—unless the cause be such that it so happens

a decree of a synod has determined that he be dismissed

and anathematized by all, in all places, unless he come to

satisfaction.

25. It was determined under the twenty-fifth head, that

26

DOCUMENTS ILLUSTRATIVE OF THE [vii

747. bishops coming from synods, assembling the priests, abbots,

synodal and chiefs [of monasteries and churches] within their dio-

decrees. ceses and laying before them the injunctions of the synod,

should give it in charge that they be kept. And if there be

anything which a bishop cannot reform in his own diocese

[diocesi], let him lay it before the archbishop in synod,

and publicly before all, in order to its being reformed.

26 Of

almsgiv- 26. In the twenty-sixth place, the sentiments of the fathers

ing. concerning the profitableness of alms were produced : that

they are necessary to be done by faithful men, in order that

past sins may the sooner and more fully be forgiven by God

to offenders who do penance by alms ; and that the Divine

protection may be obtained by them, the same deeds be

not again committed, nor any others like them ; and that

to all who live religiously, the purity of their innocence

being graciously preserved by God, a recompense of things

eternal may be made to them hereafter in heaven in con-

sideration of their freely disposing of their temporal things

here on earth. And certainly alms are not to be given to

the intent that a man may commit any the least sins with

the greater liberty on account of the alms given by him or

by any other in his behalf. But let them be given in the

manner aforesaid, for alms are a name and work of mercy ;

therefore, let whosoever desires to do mercy truly to his

own soul, not give alms out of his unjust plunder, but out

of his own well-gotten substance. For if it be given out of

what is acquired by cruelty or violence, Divine justice is

rather provoked than pacified by it, because, according to

the Scripture, the alms that are done out of the substance

of the poor are like killing the son in the presence of the

father (Ecclus. xxxiv. 20). Nor let a man give alms to the

needy to the intent that he may more freely immerse him-

self in gluttony and drunkenness beyond all bounds, lest

by putting God's justice to sale he be not only more sharply

but more speedily condemned by it. And to speak gener-

viI] HISTORY OF THE ENGLISH CHURCH

27

ally, let not any man's alms be daily given to God with this view, that they may with impunity indulge their bodily lusts ; for they give alms in vain which are not entirely their own and free fiom any mixture of wicked dealing, who desire and hope, through the blindness of their fancy, by this means to bribe the Heavenly Judge. For they who act and think in this manner, while they seem to give their own to God, do undoubtedly by their crimes give themselves to the Devil. Lastly, then, let not alms be given (according to the newly-invented conceit of men's own will, grown into a custom dangerous to many) for the making of abatement or commutation of the expiatory fasts and other works of satisfaction enjoined to a man, by a priest of God, for his own crimes according to the canon law ; but rather as an increase of his own amendment, that the Divine wrath, which he has piovoked by his own demerits, may the sooner be appeased. And withal, the more unlawful the thing a man has done, the more he ought to abstain from things that are lawful, and the greater sins he has committed, the greater fruit of good works he ought to yield to God, and not to drop or lessen some good works by practising others in their stead. For it is good to be assiduous in psalmody, and often to bow the knee with a sincere intention, and daily to give alms ; yet abstinence is not to be remitted. Fasting once imposed by the rule of the Church, without which no sins are forgiven, is not to be remitted on account of these things. Let these and such like be done as additions, for the more full expiation of sin ; for it is necessary that the flesh, which drew us willingly unto sin by its incontinence, being afflicted by fasting should hasten our pardon ; for such sins as exclude us from the kingdom of heaven, if they are not corrected, are to be expiated with all the pious actions that a man can do. For one knows not what the following day may bring forth, and for how long a time he may be in a condition to do any good deeds for his former

28

DOCUMENTS ILLUSTRATIVE OF THE [vii

747. evil ones. For He who has promised pardon to the sinner

has not promised him another day.

27 Of the

benefit of psalm

singing.

27. Under the twenty-seventh head—when discoursing

much of those who sing psalms or spiritual songs profitably,

or of those who do it negligently—psalmody, they say, is a

Divine work, a great cure in many cases for the souls of those

who do it in spirit and mind. But they that sing with voice,

without the inward meaning, may make a sound resembling

something ; therefore, though a man know not the Latin

words that are sung, yet he may apply the intentions of his

own heart to the things which are at present to be asked of

God, and fix them there to the best of his power. For the

psalms, which proceeded of old through the mouth of the

prophet from the Holy Ghost, are to be sung with the inward

intention of the heart and a suitable humiliation of the

body ; to the end that by the oracles of Divine praise and the

sacraments of our salvation, and the humble confession of

sins, or by devoutly imploring the pardon of them, they

that touch the ears of Divine pity by praying for any valu-

able thing, may the more deserve to be heard by their

desiring and affecting to draw near to God, and to appease

Him by the means which I (sic) have before mentioned,

especially their most holy and divine service, whether they

offer variety of prayers and praises to God in that sacred

chanting either for themselves or for others, quick or dead,

or at the end of every psalmody bow their knees in prayer

and say in the Latin, or if they have not learnt that, in the

Saxon, ‘Lord have mercy on him and forgive him his sins,

and convert him to do Thy will’ ; or if it be for the dead,

‘Lord, according to the greatness of Thy mercy grant rest

to his soul, and for Thine infinite pity vouchsafe to him the

joys of eternal light with Thy saints.’ But let them who pray

for themselves have a great faith in psalmody performed

with reverence, as very profitable to them, when done in

the manner aforesaid (on condition that they persevere in

viI] HISTORY OF THE ENGLISH CHURCH

the expiation of their crimes, and not in the allowance of their vices) that is, they may the sooner and the more easily deserve to arrive at the grace of Divine reconciliation by prayers and intercessions whule they worthly sing and pray, or that they may improve in what is good, or that they may obtain what they piously ask, not with any intent that they may, for one moment, do evil or omit good with the greater liberty, or relax fasting enjoined for sin, or give the less alms because they believe others fast or sing psalms for them. For let every one certainly know that his very own flesh, which has been the cause of unlawful wicked desires, ought to be restrained from what is lawful, and that a man should punish it now in proportion to its guilt, if he desire not to be punished hereafter by the Eternal Judge. Let himself first crave the Divine clemency, with groanings of heart for the restoration of himself, and then bring as many servants of God as he can to make their common prayers to God for him. For if they promise or believe or act otherwise than has been before said, they do not lessen sins but add sins to sins, because by this means, above all the rest, they provoke the anger of the Judge on high, because they dare to set his justice to sale every day by inordinate flattery and excessive blandishment, whilst their behaviour is unrestrained.

We must speak at large of this, because a worldly rich man of late, desiring that speedy reconciliation might be granted him for gross sin, affirmed by letters that that sin of his, as many assured him, was so fully expiated, that if he could live 300 years longer, his fasting was already paid by these methods of satisfaction, namely : psalmody, fasting, and alms of others, apart from his own fasting, or however little it might be. If then Divine justice can be appeased by others, why, you foolish boasters, is it said by the voice of Truth itself : 'It is easier for a camel to go through the eye of a needle than for a rich man to enter the kingdom of

30

DOCUMENTS ILLUSTRATIVE OF THE

747. heaven,' when he can with bribes purchase the unnumbered fastings of others for his own crimes? Oh that you might perish alone, you that are deservedly called the gates of Hell, and who persuade [others] to sin, before more are ensnared by your misguiding flattery, and led into the plague of God's eternal indignation. Let no man deceive himself: God deceives none when he says by the apostle 'We shall all stand before the judgment seat of Christ,' &c.

748. Of the size of monasteries and apparel of monks and nuns.

749. Under the twenty-eighth injunction they charged that no one should admit a larger congregation than he can maintain and find in necessaries. If any have unwarily done this, let them exact the less work from them till they can give them food and raiment suitable to their habit of profession. And among other observances of the regular life, let them use the accustomed apparel of those who have been before them, whether they are clerks or monks. And let them not imitate seculars in the fashionable gartering of their legs, nor in having hoods round their heads after the fashion of the layman's cloak, contrary to the custom of the Church. Likewise, that nuns veiled by the priest, and having taken the habit of their holy profession, ought not to go in secular apparel, or in gaudy, gay clothes, such as lay girls use, but take care always to keep the garb of chastity, which they have received to signify their humility and contempt of the world, lest the hearts of others be defiled by the sight of them, and they, by this means, be found guilty of this defilement in the sight of God.

750. That no one bound by religious profession live with laymen.

751. Under the twenty-ninth [head] they enacted, with regulative decree, that after this synod it be not lawful for clerks, monks, or nuns to dwell any longer in the houses of seculars with laymen, but that they go back to the monasteries where they had first taken the habit of their sacred profession, from which they departed of their own accord, or were expelled by the violence of others, as has certainly been done in many places, and that free admission be not

viI] HISTORY OF THE ENGLISH CHURCH

31

denied them on their return on account of any manner of

previous fault. But if any of either sex, not being under

a curse, but after receiving leave and benediction have

afterwards been peaceably admitted by others into their

society and union, and yet since this have run up and down

among the laity, roving and unsettled, this return afore-

said thus enjoined does not relate to the house whence

they went out in regular form, but to that place where, by

mutual agreement on both sides, they were duly received to

union and fellowship.

30. Under the thirtieth head a long discussion was pub-

licly made between the priests of God and those of less

degree, inquiring how they might, in the existing condition

of things, be enabled to silence entirely jealousy, or words

akin to jealousy, concerning them, their own conscience

within bearing them witness that any such suspicion was

false and vain—namely, that kings, with their officers and

chief men and many besides of less degree, have persuaded

themselves, and are wont to assert, that they not only are

insincere in love and affection towards them, but indeed

grudge them the good things present with a heart too

malevolent, rather than rejoice with them loyally, and do

not cease to inveigh against their way of living, with bitter

abuse. Their view, indeed, was that any man of higher

position and dignity, who thought or said such things for

any reason, did so most undeservedly, for that this was

contrary not only to the profession of their habit but to

the teaching of evangelists and apostles, which they ought

to proclaim to all in general, namely, that no preacher of

peace and love to God and men, who were made in the

likeness of God, should ever venture for a moment to enter-

tain in himself fuel for hatred and envy. And so, that Continual

their accusers might more certainly avow that they were

free from this abominable fault, both before God and man, this object

they ordained that, for the future, ecclesiastics and monks is enacted

32

DOCUMENTS ILLUSTRATIVE OF THE [vii

747. should at the canonical hours of prayer, not only for themselves, but also for kings and great men, and the good estate of all Christian people, supplicate the Divine mercy without ceasing, that they might be counted worthy to pass their life in peace and quietness under their good protection; and that henceforward they might be of one soul in faith, hope, and love towards God, and love one another in such wise that after the course of this pilgrimage they be counted worthy to attain together the heavenly country; and that the Divine mercy shall be more earnestly entreated for those who most often extend their pious patronage to the Churches of Christ whilst they are alive; and that the atoning celebration be more often performed by the ministry of very many priests of Christ for their souls' rest when they are dead, if, that is, they have remembered to make themselves worthy of this benefit when alive.

VIII.

SYNODS HELD AT CHELSEA AND ELSEWHERE,

A.D. 787.

787. The following document is a report sent by the legates George and Theophylact to Pope Hadrian I. It was originally printed by the Magdeburg Centuriators from a MS. which has not since been verified. There is no reason to doubt its authenticity, as the internal proofs of this are very strong. See H. and S. iii. 447–461. It occurs in the Centuries, vii. p. 575.

[Johnson's tr., compared with H. and S.]

The We have written a capitular of all the particulars, and report legates hearkened them in order in their hearing, who, with all humble success of their mis- submission and evident willingness, embracing your admoni-sion. tion and our poor selves, promised in all particulars to obey. Then we delivered to them your letters to read, enjoining

VIII] HISTORY OF THE ENGLISH CHURCH

33

them that they would see that the holy decrees be observed 787.

both by themselves and their subjects. Now these are the heads which we produced to be observed by them :

1. That the holy, inviolate faith of the Nicene Council be The clergy

faithfully and firmly held by all that are devoted to the holy to hold and

service; and that the priests of every church who are to faith of the

teach the people be diligently examined by the bishops every six general

year in their synodical assemblies, concerning the faith . so and to be

that they may profess hold and teach the apostolic and examined

catholic faith of the six Councils which is approved by the yearly.

Holy Ghost, and not fear to die for it if there be occasion ;

and that they receive all such men as the general Councils have received, and reject and condemn all those, heartily,

whom they have condemned.

2. That Baptism be administered according to the canon- The season

ical statutes, and not at any other time except in great and condi-

necessity; that all in general know the Creed and the Lord's Baptism,

Prayer ; that all who receive children from the font know and the

that they are sureties to the Lord, according to their under- responsi-

taking, for the renouncing of Satan, his works, and pomps, bilities of

and for the believing of the faith ; that they teach them the sponsors

Lord's Prayer aforesaid and the Creed, while they are coming in example

to ripeness of age: for if they do not, what is promised to and in-

God on behalf of them that cannot speak shall be with struction.

rigour exacted of them. Therefore we enjoin that this be charged on the memories of all the people in general.

3. That there be two Councils each year according to the Bishops to

canonical decrees, that the briers and thorns may be cut off have two

from the hearts of all offenders as spurious branches are by Councils,

good husbandmen. And let every bishop go round his and to con-

diocese once every year, carefully appointing places of meet- duct visita-

ing at convenient distances ; that all may meet to hear the tions,

word of God, lest any, through the neglect of the shepherd, ignorantly going astray, be victims to the bite of the roaring lion. Let him with watchful care preach to and con-

D

34

DOCUMENTS ILLUSTRATIVE OF THE

787. firm the flock committed to his charge; let him separate the

to preach, incestuous, coerce soothsayers, fortune-tellers, enchanters,

confirm, diviners, wizards, and sacrilegious ones, and suppress all vices.

and exer- And let no man affect to feed the flock committed to him

cise disci- for filthy lucre's sake, but in hope of an eternal reward;

pline. Bishops and clergy and what he has freely received let him freely give to all, as

to avoid the apostle protests (2 Tim. i. 1), and as the prophet says (Isa.

worldli- xl. 9), that so he may excel in merit as he does in dignity.

ness and to be true shepherds. And that he may not be cramped by fear whilst he is teach-

ing, let him hearken (Isa. xl. 9). Jeremiah also says (Jer. i. 17).

Alas for this lamentable lukewarmness. As many thoughtful

men say: why will ye be involved in the love of secular

things, or be dismayed by crime and confounded in opening

the word of truth? If the prelates of the Church are silent

through fear, or worldly friendship, and do not reprove

sinners, or run away like false shepherds who care not for

the sheep, when they see the wolf coming, why are they not

more afraid of the King of Kings, and Lord of Lords? who

reprehends shepherds by the prophets saying (Ezek. xiii. 5).

Lastly, as the watchful shepherd guards the sheep against

the wild beasts, so the priest of God ought to be solicitous

for the flock, lest the enemy spoil, the persecutor annoy;

lest the ravening of the powerful disturb the life of the poor;

since the prophet says (Ezek. iii. 18); for 'The good shepherd

layeth down his life for the sheep.' Endeavour, my fathers

and brethren, that ye bear these things in mind, lest it be

said to you, as to the shepherds of Israel, 'Ye feed yourselves,'

&c., but that ye may deserve to hear, 'Well done, good and

faithful servant,' &c.

Canons, 4. That bishops take great care that canons live canon-

monks, and ically, and monks and nuns behave themselves regularly,

nuns to live both as to diet and apparel, that there be a distinction

and dress regularly between canon, monk, and secular. Let the monks use

according to the habit that the Easterns do, and the canons too, and not

the con- garments dyed with Indian colours, or very costly. But let

ciliar decrees.

viII] HISTORY OF THE ENGLISH CHURCH

35

bishops, abbots, and abbesses give good example to their

subjects as Peter says (I. v. 2). Therefore we advise that

the synodical decrees of the six general Councils, with the

decrees of the Roman Pontiffs, be often read with attention,

and that the state of the Church be reformed according

to the pattern described therein, that no novelty be intro-

duced, lest there be a schism in the Church of God.

5. That if an abbot or abbess depart this life, which

The elec-

tion of

monastic

often happens, religious pastors of approved life be chosen

from among themselves in the Lord to take care of the souls superiors

committed to them, with the bishop's advice within whose

diocese the monastery is situate. But if such a person is

not to be found in that convent let such an one be sent

them from another, to govern them in the Lord, that they

may with humility and obedience be employed day and

night in performing the vow they have made to God, 'having

their loins always girt,' &c.

6. That no bishop presume to ordain a man priest or

Conditions

deacon unless he be of approved life, and sufficient for the

of ordina-

tion and

full discharge of his office ; and let them continue in that title.

title to which they were consecrated ; so that none presume

to receive a priest or deacon from the title that belongs

to another, without a reasonable cause, and letters com-

mendatory.

7. That all churches have their course publicly at the

The hours

canonical hours with reverence.

of church

service.

8. That ancient privileges conferred on churches by the

Preserva-

Holy Roman See be preserved by all. But if any have been granted contrary to the canonical decrees, in compliance

tion of

ancient

privileges.

with wicked men, let them be cancelled.

9. That no ecclesiastic presume to eat in secret unless

No ecclesi-

on account of great infirmity ; for this is hypocrisy and the

siastic to

way of the Saracens [Sarabaitæ or vagrant monks?]; there-

eat in

fore they advise that we be not 'whited sepulchres,' &c.,

especially since our Saviour says : 'Take heed that ye do not

D 2

36

DOCUMENTS ILLUSTRATIVE OF THE [VIII

787. your justice before men.' From hence we may see how

little it means to fast before men but to swallow down beef

or horseflesh in secret, since our good works are commanded

to be done in secret, that we may be rewarded by Him

in whose name they are done.

The cele- 10. Let no minister of the altar presume to go and cele-

brant's attire for mass; the be offended. For if this was forbidden in the Law, we know

material of the bread it ought to be more carefully observed in the Sacrament of

and vessels. Christ. Let bread be offered by the faithful, not crusts.

Bishops not to We have also forbidden the chalice or paten for sacrificing

judge secular matters. to be made of ox-horn because they (sic) are of blood. We

have also seen bishops in their Councils judging

secular matters, and we forbad them with the apostolic

saying (2 Tim. ii. 4); we have also entreated that prayers

Intercession for the be assiduously made for the Church of God, that God and

Church. our Lord Jesus Christ may exalt, corroborate and protect,

defend and preserve her without spot, to the praise and

glory of His name for ever and ever. Amen.

The duty 11. Our address to kings is that they administer their

of kings as rulers and government with caution and discretion, and that they

judges in obedience to the judge righteously, as it is written, 'Take hold of discipline'

bishops, (Ps. ii. 12). Further, as we have above directed bishops

to speak the word of God with a Divine authority, faithfully

and truly, without fear or flattery, to kings, princes, and all

dignities, never declining the truth, sparing no man, con-

demning no man unjustly, excommunicating none without

cause, and to show the way of salvation to all, both by word

and example—so we have also admonished kings and

princes that they from their heart with great humility obey

their bishops, because the kingdom of heaven is committed

to them, and they have the power of binding and loosing,

as it is written (Deut. xxxii.). And the apostle elsewhere

(Heb. xiii. 17). Our Saviour Himself says to doctors

(Luke x. 16). The lips of the priest preserve knowledge,

viII] HISTORY OF THE ENGLISH CHURCH

37

for he is the angel of the Lord of Hosts. If then priests

787

are called angels, they cannot be judged by secular men, as

and in de-

ference to

the apostle says, 'For me it is a very small thing that

the dignity

I should be judged by you.' Also it is said by the Psalmist of the

(Ps. cv. 14). And the apostle says (1 Cor. vi. 3). For as

priesthood

kings are above all dignities, so are bishops in things per-

taining to God. Therefore we exhort with all earnestness,

that all do indeed honour the Church of God, which is the

spouse of Christ; and not put on her an unrighteous yoke

of servitude, nor wax proud with secular power, nor oppress

others with violence, as it is written (Ps. xciv. 4). Let

every one of them consider how he expects that his spouse

should be honoured by his subjects, and let him see in this

earthly example how much the spouse of the King of

Heaven ought to be reverenced, lest it be said of them

(which God forbid) that 'they have reigned but not by Me'

(Hos. viii. 4) ; but that they may rather deserve to have it

said (Ps. lxxxix. 19-21), that God may grant them the

eternal glory of the kingdom which is to come. And let

Of the

kings have wise counsellors, fearing the Lord, of commend-

king's

able manners, that the people being instructed and reformed

lors.

by the good example of kings and princes, may improve to

the glory and praise of Almighty God.

12. That in ordaining kings none permit the voices

The con-

of wicked men to prevail ; but let kings be lawfully

secration

chosen by the priests and elders of the people, not such

and due

as are born in adultery or incest, for as in our times,

kings,

according to the canons, none can arrive at the priesthood

who is of adulterous descent, so neither can he who is

not born in lawful marriage be the Lord's anointed, king

of the whole kingdom, and heir of the country, since the

prophet says (Dan. iv. 17). We have admonished all in

for whom

general that with unanimous voice and heart they pray to

prayer is

the Lord, that He who elects him to the kingdom would

to be made.

give him the spirit of discipline for the governing of his

38

DOCUMENTS ILLUSTRATIVE OF THE

787. people ; and let honour be paid him by all, since the apostle Behaviour says (i Pet. ii. 17). Let none be guilty of detraction to them towards the king, since Solomon says (Eccl. x. 20). And let none compass the death of the king because he is the Lord's anointed. If a bishop or any of priestly degree consent to such a crime let him be thrust out, as was Judas from the apostolic degree. And whoever approves of such sacrilege shall perish in the eternal chain of an anathema, and being a comrade of Judas shall burn in everlasting fire, the fate of as it is written (Rom. i. 32). The two eunuchs who desired regicide to kill King Ahasuerus were hanged on a gallows (Esth. Apoc. xii. 3). Observe what David did (i Sam. xxiii. 5, 7 ; clerks. 2 Sam. i). It has been proved by many examples among you that those who have been the authors of killing their lords have shortly ended their own lives and been without benefit of either law.

The re- sponsibility of the rich and great in judging.

13. That the great and rich judge righteously, and accept not the person of the rich, nor despise the poor, nor decline from right, nor take bribes against the innocent, but act according to truth and justice, since the prophet says (Ps. lviii. 1). Also elsewhere (Lev. xix. 15), as also (Isa. i. 17), and at another place (Lev. viii. 6). The Lord says in the Gospel (Matt. vii. 2), nor shall you by violence take from another that which belongs to him, as it is said (Ex. xx. 17), for the prophet threatens saying (Isa. v. 8). Again a prophet cries saying (Ps. lxxxiv. 2). Remember what he deserves who causes a little one to stumble; but he who receives one of these receives Christ. May you deserve to have it said to you at the Judgment 'Come ye blessed of My Father,' etc.

Of security and the just limits of taxation

14. Let fraud, violence, and rapine be abhorred, and let not unjust tributes be imposed on the Church of God, nor greater than those allowed by the Roman law, and the custom of former emperors, kings, and princes, and let them endeavour to keep themselves wholly free from this vice or

VIII] HISTORY OF THE ENGLISH CHURCH

39

violence who desire to keep themselves in communion with

the Holy Roman Church and blessed Peter the Prince of

the Apostles. Let there be concord and unanimity every-

Of harmony where, between kings and bishops, ecclesiastics and laymen,

and all Christian people; that the churches of God may be

between at unity in all places, and that there be peace in the one

Church, continuing in one faith, hope, and charity, having

and State, one Head, which is Christ, whose members ought to help

one another, and to love with a mutual charity, as He Him-

peace of self has said (John xiii. 35).

the Church.

15. All unrighteous marriages are forbidden, as also such

Of marriage restrictions as are incestuous, as well with the handmaids of the Lord, or

other unlawful persons, as with those that are too near akin,

and penal-ties. as also with alien [alienigenae] women. And let him who

does such things be struck with the sword of the anathema,

unless, correcting himself, he repent of his wicked presump-

tion, and correct and reclaim himself according to right law

in obedience to his bishop.

16. Sons of harlots are deprived of lawful inheritance,

Of what constitutes illegitimacy and bars succession. and we judge those born in adultery or of nuns to be

illegitimate. For we do not hesitate to call a virgin who

has devoted herself to God, and has put on as it were the

garment of the Holy Mary, the spouse of Christ. Now

it is manifest in heavenly respects as well as earthly that

he who takes a spouse from one more powerful than him-

self shall not escape unpunished. Therefore the apostle

says (I Cor. iii. 17), and the same apostle says (Eph. v. 5).

Consider whether secular inheritance be not cut off from

such by the Scripture when it says (Gal. iv. 30). But an

adulterer may say, 'My harlot is not a bondwoman but

a free'; to these we answer, with apostolic authority (Rom.

vi. 16). Therefore we have commanded, in the words of

the apostle (I Cor. vii. 2), that so they may have lawful

heirs in the Lord who may be also heirs of God and coheirs

of Christ. Further, as it is prescribed in the canon and

40

DOCUMENTS ILLUSTRATIVE OF THE [VIII

787. in the Gospel, and in the decrees of the apostles concerning lawful marriages, and the proper time of intercourse and abstinence, we presume to add nothing to these decrees (I Cor. xi. 16).

Tithes to be paid in accordance with Scripture warrant;

17. As to paying tithes it is written in the Law, 'The tenth part of all thy increase.' &c.: 'If thou bring thy first-fruits,' &c. Again by the prophet, 'Bring ye all the tithe into the store-house,' &c. (Mal. iii. 10) ; as the wise man says, 'No man can justly give alms of what he possesses unless he has first separated unto the Lord what He from the beginning directed to be paid to Him.' And on this account it often happens that he who does not pay tithes is himself reduced to a tenth part. Therefore we do solemnly enjoin that all take care to pay the tenth of all that they possess, because that peculiarly belongs to God ; and let them live and give alms out of the nine parts ; and we advise that alms be given in secret, because it is written (Matt. vi. 2).

similarly usury not to be permitted;

We have also forbidden usury, since the Lord says to David that he shall be worthy to dwell in his tabernacle who has not lent his money upon usury. And Augustine says, 'Who can have unjust gain without justly deserved loss?' (Aug. Serm. 8). Where there is gain there is loss ; gain in the coffer, loss in the conscience.

weights and measures to be just.

We have also ordained that equal measure and equal weight be enjoined to all, since Solomon says (Prov xx. 10), that is, buying by one measure and selling by another ; for God everywhere loves justice. 'His countenance beholds the thing that is right.'

Vows to be paid in accordance with Scripture examples and warnings.

18. That the vows of Christians be fulfilled, for by this means the ancient patriarchs and prophets pleased God. Abel the righteous, with a faithful mind offered a vow of his fatlings, and this was more acceptable to God than that of the parricide, therefore God with divine fire consumed those acceptable burnt offerings, but despised what was offered without a good mind, who being therefore

VIII] HISTORY OF THE ENGLISH CHURCH

condemned with a curse, deserved wrath, but the younger

was crowned with a happy martyrdom. Remember Enoch,

who paid the vow that he had made and was translated

living in the body. So did the righteous Noah, and he

alone with seven of his family was delivered from the flood

of the world. What need I say of Abraham who paid all

his vows and his tithes to Melchisedec the priest? For

he triumphed over his enemies, therefore he deserved not

only to adore, but also to entertain with his hospitality, the

Lord in Trinity, and to have a son of promise by a woman

that was ninety years old. And he refused not to sacrifice

the son of promise, though the Lord had said, 'In Isaac

shall thy seed be called,' &c., yet he certainly trusted that

his son was to live. Therefore 'faith wrought with his

works,' &c. (Jas. ii. 22, 23). Jacob vowed a vow and

he paid it. Remember Manoah [Jephthah ?] what he did

with his daughter, and his memory shall be everlasting.

David, when he paid his vow, charged us saying (Ps.

lxxvi. 11). Solomon also says (Eccl. v. 4, 5). We there-

fore beseech you that every one call to mind what he' has

vowed in prosperity or adversity, lest being again involved

in difficulties you deserve to have it said: 'What he pro-

mised long ago he has lied in.' 'After thy hardness and

impenitent heart thou treasurest up unto thyself wrath,' &c.

(Rom. ii. 5). 'Therefore I will laugh,' &c. (Prov. i. 26).

We can give or promise to God nothing but what He first

gave us ; therefore the prophet, being touched with this,

says (Ps. cxvi. 12). If any one has vowed and delayed to

pay it, we are afraid that he will not escape without ven-

geance, as it is said, 'It is a fearful thing to fall into the

hands of the living God.'

19. That every faithful Christian take example by catholic Reproba-

men, and if any pagan rite remain let it be plucked up

tion of

despised and rejected, for God created man fair in comeli-

toms, viz.

ness and appearance, but pagans, by the inspiration of the

mutilation,

42 DOCUMENTS ILLUSTRATIVE OF THE

787. Devil, have brought on themselves the foulest scars, as pagan dress, horse-maiming, trial by sorcery, eating horseflesh.

Prudentius says, 'He has marked even the innocent ground with unsightly spots.' He seems to do an injury to the Lord who defiles and depraves his workmanship. If any one should undergo this blood-letting for the sake of God, he would on that account receive great reward, but whoever does it out of heathenish superstition does no more advance his salvation thereby than the Jews do by bodily circumcision without sincere faith. Ye wear garments like those of the Gentiles whom your fathers by the help of God drove out of the world by arms. A wonderful and horrible thing to imitate the example of those whose manners you hate. You also by a horrid custom maim your horses ; you slit their nostrils, fasten their ears together, make them deaf, cut off their tails, and render yourselves hateful in not keeping them sound when you may. We have heard also that when you have any controversy between yourselves you use sorcery after the manner of the Gentiles, which is accounted sacrilege in these times. Many of you eat horse-flesh, which is done by none of the Eastern Christians : take heed of this too. Endeavour that all your doings be honest and be done in the Lord.

All to be exhorted to timely repentance and con-fession, and due penance.

20. We have directed all in general to act according to the prophet's word which says, 'Make no tarrying to turn unto the Lord, and put not off from day to day' (Ecclus. v. 7), and again (Joel ii. 12). And according to the Apostle (Jas. v. 16), lest death should find any of you unprepared, which God forbid. And receive the Eucharist according to the judgment of the priests, and the measure of guilt, and bring forth fruits meet for repentance. For a fruitful repentance consists in bewailing misdeeds and not committing them again. But if any man die without repentance and confession, which God forbid, prayers must not be made for him, for none of us is without sin, 'not even an infant born but a day since' (Job xiii. 4, 5, LXX). As the apostle says, 'If

VIII] HISTORY OF THE ENGLISH CHURCH

43

we say we have no sin,' &c., therefore since death lingers

not, repent and be converted that your sins may be blotted

out, and that you may deserve, together with the holy angels,

to enjoy that life which is without end, through Him who

liveth and reigneth for ever and ever.

We proposed these decrees, most blessed Pope Hadrian,

Epilogue :

in a public Council before Alfwald the king, and Eanbald

the archbishop, and all the bishops and abbots of the

country, and the senators and chief men and people of the

land. And they, as we before said, vowed with all devotion

of mind that they would keep them to the utmost of their

power by the help of the heavenly mercy. And they con-

firmed their vows by the sign of the Cross in my hand

in your stead; as afterwards they also did carefully,

with a style, put the sign of the holy Cross to this written

paper.

I, Alfwald, king of the Northumbrian nation, consenting

The

have subscribed with the sign of the Cross.

I, Tilhere, prelate of the Church at Hexham, have joy-

fully subscribed with the sign of the Cross.

I, Eanbald, by the grace of God Archbishop of the Holy

Church of York, have with the sign of the Cross sub-

scribed to the pious and catholic injunction of this

paper.

[There follow the names, in very like terms, of Bishops Higwald of

Lindisfarne, Ethelberch of Candida Casa, Aldulph of Mayo, Bishop

Ethelwin, and of Gosigha the Patrician.]

To these most useful admonitions we also, priests and

deacons of the churches, and abbots of monasteries, judges,

great men and nobles have consented and subscribed with

one act and mouth [Two chief men and two abbots sign

with no further specification]. These things being con-

cluded, and the blessing being given, we went on, taking

44

DOCUMENTS ILLUSTRATIVE OF THE [viii

787. with us the legates of the king and archbishop, that is

The Malwin and Pyttel, readers, men of note, who carried the

Southern decrees with them to the Council of the Mercians, where

Synod under Offa, the glorious King Offa, with the counsellors of the land,

&c ; and together with Jaenbert, archbishop of the Holy Church of

their ac- Canterbury, and the rest of the bishops of the country were

ceptance assembled. The capitula were both read, one by one, with

of the a clear voice in the presence of the Council in Latin, and

canons. explained in the Teutonic tongue that all might understand

them. They all with unanimous heart and voice thanking

their apostleship promised to obey their admonitions, and

by the Divine assistance to the best of their power cheer-

fully to keep the statutes. And further, according to the

above-written injunction, as well the king as the great men,

the archbishop with his attendants, confirmed with the sign

of the holy Cross in our hands in your Lordship's stead,

and afterwards they confirmed this present paper with the

holy sign.

The I, Jaenbert, archbishop of the holy Church of Canter-

Southern bury, have devoutly subscribed with the sign of the holy

signato- Cross.

ries. I, Offa, king of the Mercians, consenting to these

statutes, have readily subscribed with the sign of the Cross.

I, Higbert, bishop of the Church of Lichfield, have sub-

scribed with the sign of the holy Cross.

[Other signatures follow, viz. Edwulf, bishop of Lindsey, and

Unwona, bishop of Leicester, with nine other bishops whose sees

are not mentioned, but are identified by H and S. iii. 462 ; four

abbots, two chief men and one earl; some of them identified, H. and

S. l. c.]

ix] HISTORY OF THE ENGLISH CHURCH

45

IX.

ABOLITION OF THE METROPOLITAN DIGNITY

OF LICHFIELD, A. D. 803.

This document records the final settlement of the controversy about

the metropolitan dignity of Lichfield, which had lasted for sixteen

years. It occurs in a longer form as printed by H. and S. (iii. 542).

That given below depends upon an abridgement given in Spelman,

1 324, which is based on Cotton MS., Aug. ii. 56.

[Johnson's tr. revised.]

Glory to God on high, peace on earth to men of good Lichfield

will. We know as is notorious, though it seems not at all having

pleasing to many who dwell in the nation of the English a metro-

that faithfully trust in God, how that Offa, king of the Mer-

cians, in the days of Jaenbert, archbishop, presumed by

very indirect practices to divide and cut in sunder the

honour and unity of the see of our father St. Augustine

in the city of Canterbury, and how, after the death of the

said pontiff, Archbishop Ethelherd, his successor by the

gift of Divine grace, after several years, happened to visit

the Apostolic threshold and Leo the blessed Pope of the

Apostolic See, in behalf of many rights belonging to the

Churches of God. He, among other necessary negotiations,

did also declare that the partition of the archiepiscopal see

had been unjustly made; and the Apostolic Pope, as soon

as he heard and understood that it was unjustly done,

presently ordered an authoritative precept of privilege as

from himself, and sent it into Britain, and charged that an

Leo de-

entire restitution of honour should be made to the see of

clared his

St. Augustine with all the dioceses belonging to it, accord-

action

ing as St. Gregory the apostle and master of our nation

ordered re-

settled it, and that it should in all respects be restored to

stitution

the honourable Archbishop Ethelherd when he returned

46

DOCUMENTS ILLUSTRATIVE OF THE

803. into his country. And Kenulf, the pious king of the

Mercians, brought it to pass.

1. Accord-

ing in

a synod at

Cloveshoo

the rights

of Canter-

bury are

restored.

1. And in the year of our Lord's Incarnation 803, Indiction 11, October 12, I, Ethelherd, archbishop, with all the

twelve bishops subject to the holy see of the blessed

Augustine, in a synod which was held by the apostolic

precepts of the Lord Pope Leo in a famous place called

Cloveshoo, with the unanimous consent of the whole sacred

synod, in the name of Almighty God, and of all His saints,

and by His tremendous judgment, we charge that neither

kings, nor bishops, nor princes, nor any men who abuse

their power, do ever presume to diminish or divide as to the

least particie the honour of St. Augustine, and of his holy

see; but that it always remain most fully in all respects in

the same honourable state of dignity as it now is, by the

constitution of the blessed Gregory, and by the privileges of

his Apostolic successors, and as appears to be right by the

sanctions of the holy canons.

2. This re-

storation

is now

confirmed, and

Hadrian's

charter is

annulled.

2. And now by the help of God and of the Apostolic

Pope Leo, I, Ethelherd, archbishop, and other our fellow-

bishops, and all the dignitaries of our synod with us, do

unanimously confirm the primacy of the holy see with the

standard of the cross of Christ. And we give this in charge

and sign it with the sign of the Cross, that the archiepiscopal

see from this time forward never be in the monastery of

Lichfield, nor in any other place but the city of Canterbury,

where Christ Church is, and where the catholic faith first

shone forth in this island, and where holy baptism was first

celebrated by St. Augustine. Further also we do by con-

sent and licence of our Apostolic Lord Pope Leo forbid the

charter sent by Pope Hadrian from the See of Rome, and

the pall and the archiepiscopal see in the monastery of

Lichfield to be of any validity because gotten surreptitiously

and by insincere suggestions. Therefore we ordain by

canonical and apostolic proofs with the manifest signs of

x] HISTORY OF THE ENGLISH CHURCH

47

the Heavenly King, that the primacy of the monarchy do remain where the holy Gospel of Christ was first preached by the holy Father Augustine in the province of the English, and was from thence, by the grace of the Holy Spirit, widely diffused. But if any dare to rend Christ's garment and to divide the unity of the holy Church of God, contrary to the apostolic precept and all ours, let him know that he is eternally condemned unless he make due satisfaction for what he has wickedly done contrary to the canons.

[A varying list of signatories follows.]

X.

THE DONATION OF ETHELWULF, A.D. 855.

The year 855 appears to be the true date of this grant. The date, circumstances, and historical bearing of the Charter are fully discussed by Lord Selborne, Ancient Facts and Fictions, &c p 200. The document survives in several different forms, of which there are various manuscript and printed copies. They are all collated by Birch in his Cartularum Saxonicum, vol ii. nos. 483–485; see also Haddan and Stubbs, iii. 640. The translation here given is made from a MS. in the British Museum, which accords very nearly with the record in William of Malmesbury, Gest. Reg., Rolls Series, i. 170.

[Tr. Brit. Mus. MS. Reg. 13 D. ii f. 28.]

In the perpetual reign of our Lord, whilst in our times In prospect [by reason of] the flames of wars, and spoiling of our goods, coming and also the most cruel pillaging of devastating foes, and dangers, manifold troubles from pagan and barbarous peoples, we King see that perilous times are at hand to afflict us even to destruction, I, therefore, Ethelwulf, king of the West Saxons, by the counsel of my bishops and chief men have confirmed this wholesome counsel, and uniform remedy : that to all ranks hitherto possessing any hereditary portion of lands, whether servants and handmaids of God serving

48

DOCUMENTS ILLUSTRATIVE OF THE

855. God, or lay people, I have decided that the tenth home-

grants the stead, or, where it is very small, at all events the tenth, tenth part of his land be always given up in perpetual franchise ; that it be free to the re- and protected from all secular services, and also royal ligious in tributes, greater or less, or taxations which we call Witereden, possession in freehold, and that it be free from all things, for the forgiveness of our souls and sins, for the service of God alone, without military equipment, or bridge-building, or fortification of desiring castles, so that they may the more diligently pour forth their prayers in return. prayers without ceasing to the Lord for us, because we thus in some degree relieve their service.

The Thereafter it pleased the Bishops Alstan of the church bishops of of Sherborne, and Swithun of the church of Winchester, Wessex to enter upon an agreement with their abbots and the ordain servants of God, that all our brethren and sisters do in prayers to be offered. full congregation, at each church, every week on the day of Mercury, that is Wednesday, sing fifty psalms, and each priest two masses, one for King Ethelwulf, and another for his dukes who consent to this gift for the ransom and remedy of their faults ; for the king in his lifetime, 'O God who dost justify'; for the dukes in their lifetime, 'Stretch forth, O Lord'; and after their death, separately for the king when dead, in common for the chief men when dead. And be this as steadfastly established all the days of Christianity as the above franchise is established, so long as the faith extends amongst the people of the English.

Place,date, Now this charter of gift was written in the year of the and con- Lord's Incarnation 814 (see introduction), in the fourth firmation of the Charter. indiction, on the 5th day of November, in the city of Winchester, in the Church of St. Peter, before the chief altar ; and this they did for the honour of St. Michael the Archangel, and St Mary the glorious Queen, the Mother of God, and at the same time of the Blessed Peter, Prince of the Apostles, and also of our holy Father Pope Gregory, and all the saints, and then for fuller assurance King

xi] HISTORY OF THE ENGLISH CHURCH 49

Ethelwulf placed the charter upon the altar of St. Peter, and the bishops for God's faith received it from him, and afterwards sent it through all churches in their dioceses, as is aforesaid.

XI.

TITHE ORDINANCE OF ATHELSTAN, A.D. 927.

This was a royal injunction by King Athelstán concerning the payment of tithes. It is discussed by Lord Selborne, Ancient Facts and Fictions, &c. pp 183, &c., where the text is given as below. Cf. Thorpe's Ancient Laws, i. 195-199.

[Lord Selborne's translation.]

I, Athelstán, king, with the counsel of Wulfhelm, archbishop, and of my other bishops, make known to the reeves at each burgh, and beseech you, in God's name, should pay and by all His saints, and also by my friendship, that ye tithes, first of my own goods render the tithes, both of the live stock and of the year's earthly fruits, so as they may most rightly be either meted, or told, or weighed out ; and let the bishops then do the like from their own goods; and my ealdormen and my reeves the same. And I will, that the bishops and reeves command it to all who ought to obey them, that it be done at the right term. Let us according bear in mind how Jacob the patriarch spoke : ' I will offer to Scripture pre- tithes and sacrifices of peace'; and how Moses cept. spoke in God's law : ' Thou shalt not delay to offer thy tithes and first-fruits to the Lord.' It is for us to think how awfully it is declared in the books : if we will not render the tithes to God, that He will take from us the Other nine parts when we least expect ; and moreover we have church the sin in addition thereto. And I will also that my reeves be paid so do that there be given the church-scots and the souls- regularly.

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DOCUMENTS ILLUSTRATIVE OF THE

927. scots, at the places to which they rightly belong; and

plough-alms yearly, on this condition : that they shall enjoy

it at the holy places who are willing to serve their churches,

and of God and of me are willing to deserve it; but let

him who will not, forfeit the bounty, or again turn to right.

Now ye hear, saith the king, what I give to God, and what

ye ought to fulfil under the penalty of contempt of my

The king authority. And do ye also so, that you may give to me

demands my own, what ye for me may justly acquire. I will not

and finds that ye unjustly anywhere acquire aught for me ; but I will

mi pro- grant to you your own justly, on this condition that ye

uses just yield me mine ; and shield both yourselves and those whom

dealing. ye ought to exhort against God's anger, and against the

penalty of contempt for my authority.

XII.

SELECTIONS FROM THE CONSTITUTIONS

OF ODO, A.D. 943.

943. The following is a selection from the Canons of Odo, archbishop

of Canterbury, which were published about the year 943, and illus-

trate some tendencies of the time Odo's Pastoral charge is trans-

lated by Dean Hook in his Lives of the Archbishops, i. 369.

[Tr. Cotton MS., Vesp. A. 14, f. 173; cf Wilkins, i. 212.]

That the I. We charge and command that the holy Church of

Church be not God which was at the first founded by the blood of Christ,

or taxed, a bride in white, be not attacked by any violence of wicked

men; and that it be not lawful for any to impose a tax

upon the Church of God, because the sons of the Church,

that is the sons of God, are free from all earthly tribute in

every country. Ambrose says, in the history of the Church1,

of Am-

brose? 1 See Baron's Johnson's Canons, i. 357.

xii] HISTORY OF THE ENGLISH CHURCH

51

'The Catholic Church is free from all royal taxation.' If any houses, lands, or any farms have been forcibly taken from Christian people, and have been given either unto the royal exchequer or as gifts, all these [gifts] we charge to be revoked according to the ancient right of Christians. For Gregory says, 'If any one shall strip the Church of Christ, gory.

let him be anathema, if he make not full satisfaction'; and again, 'Whosoever shall attempt to plunder or invade the parishes of the Church of God by rapine, he must be excommunicated by the Church's ministers and become an utter alien from the body of Christ.' For those are more daring than the soldiers who crucified Christ, that despise to obey the rules of the discipline of His Church, for the Church has the power of binding and loosing.

2. We admonish the king and princes and all who are Kings and in power that they obey their archbishops and all other nobles are bishops with great devotion, because to them are given the bishops, keys of the kingdom of heaven, and they have the power of binding and loosing. And that they do not rate them- to be selves highly for secular power, for God resisteth the proud, humble, &c. And let the king have prudent counsellors, fearing God, over the affairs of the kingdom, so that the people, instructed by the good example of king and princes, may to have advance to the praise and glory of God, and that the king good coun- may be the shield and defender of the Churches of God, to oppress none unjustly by power, to judge between a man and his neighbour without respect of persons, to be the protector of strangers, orphans, and widows, to prevent theft, and to do to punish adulteries, not to exalt the wicked, to aid the good. poor with alms ; for although it is necessary for every man to keep the commandments of Christ, yet is it so especially for kings and for all placed in high estate, who shall give an account at the day of strict examination, both for them- selves and for all who are subject to them.

E 2

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DOCUMENTS ILLUSTRATIVE OF THE

XIII.

SETTLEMENT OF THE PRIMACY DISPUTE,

A.D. 1072.

1072. The extract given is William of Malmesbury's account of the conclusion of the dispute between the Archbishops of Canterbury and York, in his Gest. Pont. i. 41.

[Translated from Rolls Series edition, pp. 63–65 ]

Lanfranc ends the dispute Whilst [Thomas, archbishop of York] was proceeding with these and similar arguments, as the necessity of proving his case and his own ignorance of antiquity supplied weapons to his eloquence, Lanfranc put an end to the discussion, meeting him with this most wary answer: 'The view on which you rely needs substantiation in asserting that to Augustine alone was granted the submission of all the bishops of Britain, and even of those who had been consecrated by the Bishop of York. That would have been a very poor and trifling gift bestowed by the pope on his old friend, this new Englishman ; especially when the Archbishop of York consecrated none who should be subject to Augustine in his lifetime, as there was no bishop there at all. For indeed the blessed Paulinus, the first prelate of that same city, was sent there, not in the days of Augustine, but of Justus the fourth, archbishop of Canterbury. English history will prove what I say. Knowing this, the supreme pontiffs have confirmed to the successors of Augustine the submission of all the bishops of England, as the privileges recited show, embellishing the Gregorian scheme, as they call it, with most ornate language, and following it up with generous liberality, the representatives of the same see and patrons of the same policy. Now they hold that all the Churches of the English

Thomas cannot prove his case.

Augustine's authority was confirmed by later popes,

and it included York by

should borrow the discipline of life from that place from

xiii] HISTORY OF THE ENGLISH CHURCH

53

whose fire they caught the flame of faith. For who knows

not that the faith of Christ flowed from Kent to York and right of

all the other Churches of England? As for your asser-tion that St. Gregory could have confirmed, had he wished,

to Augustine's successors by word what he had granted to

Augustine, it is quite true and beyond denial. But, pray,

what prejudice does this give to the see of Canterbury?

I will put a parallel case: for when our Lord and Saviour

said to St Peter "Thou art Peter," etc., He could have

Analogy

added, had He wished, "and this same power I grant to

this autho-rity went

thy successors." As it is, the omission detracts nothing

to his suc-

from the reverence due to Peter's successors. Will you

cessors

oppose these words and cite anything contrary? For

indeed it is impressed on the consciences of all Christians

that they should fear his successors, even when they threaten,

no less than Peter himself, and should gladly acknowledge

any kind favour they [the successors] bestow. And so the

arrangement of all Church matters is then, and only then,

authoritative, if approved by the judgment of Peter's

successors. What is the meaning of this but the power

of Divine grace passed on through Jesus Christ from

St. Peter to his vicars? So in parallel cases, if you under-

stand logic, you will form the same conclusion. Moreover,

what holds good in the whole, holds good in the part;

what holds good in the greater holds good in the less. The

Roman Church is, as it were, the sum of all Churches, and

all other Churches are, as it were, its parts. For as in one

respect man is the class of his individual members, and yet

in each man resides the property of the whole man, so

in one way the Roman See is the class and sum of all

Churches, and yet in each Church there reigns the entirety

of the whole Christian faith : she is greatest of all the

Churches, and what holds good in her should hold good

in the less, as the power of the first head of any Church

continues to his successors unless there be any express

54

DOCUMENTS ILLUSTRATIVE OF THE

and personal exception. Consequently, as Christ said to all

Accordingly Au-

the Roman prelates what he said to Peter, so what Gregory

gustine's authority

said to all the successors of Augustine, he said in Augustine.

passes to

The result is, that as Canterbury is subject to Rome,

his successors.

because it received the faith thence, so York is subject

to Canterbury which sent preachers thither. As for your

The

allegation that Gregory wished that Augustine should dwell

London primacy

at London, it is quite unsupported. For how can it be

is not proved.

proved that he disregarded his master's will, and deliberately

opposed the decrees? But I object to withdraw credit from

a tradition so well supported. For grant that he did move

elsewhere, what is that to me who am not Bishop of London?

For I do not mind at all (save that ancient usage allows it

not) that you share the honour of primacy with the London

prelate. If you desire to have this discussed peacefully and

without controversy, I will not disregard the correct decision

as far as my right and duty are concerned.

XIV.

CANONS OF THE COUNCIL OF LONDON

UNDER LANFRANC, A.D. 1075.

These Canons are printed in Wilkins, i. 363, on the authority of

the old register of the church at Worcester, compared with Canter-

bury MS., A. vii 6. After a short historical preface the document

proceeds as follows.

[Tr. Wilkins, i. 363.]

I Precedence of bishops.

1. Because Councils had fallen out of fashion in England

for many years past, some things were renewed which are

known to have been defined by ancient canons too. So it

was ordained according to the fourth Council of Toledo, and

those of Milevis and Braga, that bishops should sit accord-

ing to the time of their ordination, save those who by old

custom, or by the privileges of their Churches, have seats by

xiv] HISTORY OF THE ENGLISH CHURCH

55

precedence. The old men were asked about this, what they

had seen themselves or had received truly and probably

from their elders, and for this answer delay was requested

and granted till next day. So on the next day they stated

unanimously that the Archbishop of York ought to sit at

the right hand of Canterbury, the Bishop of London at the

left, Winchester next York, but if York be away, London

on the right, Winchester on the left.

2. That monks should hold their proper order by the rule

of St. Benedict in the Dialogue of Gregory, and the ancient

custom of places under rule, chiefly that children and youths

should have guardianship in all places under fit masters

assigned them, that all in general should carry lights by

night unless they have no property allowed by the autho-

rities. But if any one be discovered at death to hold any

property without the licence aforesaid, and shall not restore

it before death, confessing his sin with penitence and grief,

let not the bells be tolled for him, nor the saving sacrifice

be offered for his absolution, nor let him be buried in the

cemetery.

3. By the decrees of Popes Damasus and Leo, and by

the Councils of Sardica and Laodicea, whereby it is for-

bidden that bishops' sees should be in vills [villis] it was

granted by royal favour and the Council's authority to the

aforesaid three bishops to migrate from vills to cities—Her-

mann from Sherborne to Salisbury, Stigand from Selsey to

Chichester, Peter from Lichfield to Chester. The case of

some who were yet in vills or hamlets was postponed for

the king's hearing, then at war in parts beyond the sea.

4. By many decrees of the Roman pontiffs and different

authorities of the sacred canons, that no one should keep

or ordain any clerk or monk without letters dimissory.

5. To restrain the arrogance of some unwise men it was

enjoined by general decree that no one speak in the Council,

save bishops and abbots, without leave from the metropolitan.

56

DOCUMENTS ILLUSTRATIVE OF THE

6 Prohibited degrees.

6. By the decrees of Gregory the Great and the Less that none take a wife from his own kin or that of his deceased wife, or any he has as relation, within the seventh degree on either side.

7. Simony.

8. That no one buy or sell sacred orders or church office which appertains to cure of souls; for this crime was originally condemned by the apostle Peter in the case of Simon Magus, afterwards forbidden under excommunication by the holy fathers.

9. Charms, magic, &c.

10. That the bones of dead animals be not hung up anywhere as though to avoid diseases of animals, and that sorcery, soothsaying, divination, or any such works of the Devil be practised by no one; for all such things the sacred canons have forbidden, and those who practise them they have excommunicated by sentence given.

11. Judges in capital offences.

12. That by the Councils of Elvira and Toledo XI no bishop or abbot or any of the clergy should judge concerning a man to be put to death or to mutilation, nor favour with his authority those who so judge.

[Here follow the signatures of the two archbishops, twelve bishops, and twenty-one abbots, these last being preceded by the Archdeacon of Canterbury.]

XV.

LETTER OF WILLIAM THE CONQUEROR TO POPE GREGORY VII, A.D. 1076?

The date of this letter is uncertain. Dr. Freeman says that it can not be earlier than 1076, as it was only in 1073 that William's frequent absences from England began (N. C. iv. 433).

[Tr. J. A. Giles' Patres Eccl. Angl. Lanfranc, i. 32, letter x.]

Your demand for fealty, I refuse as not

To Gregory, the most noble Shepherd of the Holy Church, William, by the grace of God renowned king of the English, and duke of the Normans, greeting with amity. Hubert, your

xvi] HISTORY OF THE ENGLISH CHURCH

legate, Holy Father, coming to me in your behalf, bade me

to do fealty to you and your successors, and to think better doneby my

in the matter of the money which my predecessors were wont predeces-

sors,

to send to the Roman Church : the one point I agreed to,

the other I did not agree to. I refused to do fealty, nor will I,

I, because neither have I promised it, nor do I find that

my predecessors did it to your predecessors. The money but the

for nearly three years, whilst I was in Gaul, has been care-money formerly

lessly collected ; but now that I am come back to my king-collected

dom, by God's mercy, what has been collected is sent by shall still

the aforesaid legate, and what remains shall be dispatched,

when opportunity serves, by the legate of Lanfranc our

faithful archbishop. Pray for us, and for the good estate of

our realm, for we have loved your predecessors and desire

to love you sincerely, and to hear you obediently before all

[præ omnibus].

XVI.

THE CONQUEROR'S MANDATE FOR DIVIDING

THE CIVIL AND CHURCH COURTS.

The date is quite uncertain. The document is printed by Wilkins

from a MS belonging to the Dean and Chapter of St Paul's, com-

pared with one in the Lincoln Register (Remigius 9). The text in

Thorpe, Ancient Laws and Institutes, i. 495, and Stubbs, S. C. 85,

agrees with Wilkins.

[Tr. Stubbs, S. C. 85 ]

William, by the grace of God king of the English, to R.

R. Bainard, and G. de Magneville, and Peter de Valoines,

and all my liege men of Essex, Hertfordshire and Middle-

sex greeting. Know ye and all my liege men resident in

England, that I have by my common council, and by the

advice of the archbishops, bishops, abbots and chief men

of my realm, determined that the episcopal laws be

58

DOCUMENTS ILLUSTRATIVE OF THE

mended as not having been kept properly nor according to

the decrees of the sacred canons throughout the realm of

Secular England, even to my own times. Accordingly I command

and ecclesiastical causes to be separated.

and charge you by royal authority that no bishop nor arch-

deacon do hereafter hold pleas of episcopal laws in the

Hundred, nor bring a cause to the judgment of secular

Ecclesiastical causes to be decided at the bishop's discretion according to Church law.

men which concerns the rule of souls. But whoever shall

be impleaded by the episcopal laws for any cause or crime,

let him come to the place which the bishop shall choose

Contempt to be penal.

and name for this purpose, and there answer for his cause

or crime, and not according to the Hundred but according

Further emphasis as to the separation of causes and place of penalty.

to the canons and episcopal laws, and let him do right to

God and his bishop. But if any one, being lifted up with

pride, refuse to come to the bishop's court, let him be sum-

moned three several times, and if by this means, even,

he come not to obedience, let the authority and justice of

the king or sheriff be exerted ; and he who refuses to come

to the bishop's judgment shall make good the bishop's law

[emendabit legem episcopalem] for every summons. This

too I absolutely forbid that any sheriff, reeve, or king's

minister, or any other layman, do in any wise concern him-

self with the laws which belong to the bishop, or bring

another man to judgment save in the bishop's court. And

let judgment be nowhere undergone but in the bishop's

see or in that place which the bishop appoints for this

purpose.

XVII.

WILLIAM AND THE ROYAL SUPREMACY.

These three Canons are taken from Eadmer, Hist. Nov. i. 6. There

is nothing to guide us as to the exact date.

[Tr. Eadmer, Rolls Series, p 10. Cf. Stubbs, S. C. 82.]

Eadmer says: 'Some of those novel points I will set

down which he (William) appointed to be observed.

xviii] HISTORY OF THE ENGLISH CHURCH 59

'1. He would not then allow any one settled in all his dominion to acknowledge as apostolic the pontiff of the City of Rome, save at his own bidding, or by any means to the Pope, receive any letter from him if it had not first been shown to himself.

'2. The primate also of his realm, I mean the Archbishop of Canterbury or Dorobernia, presiding over a general Council assembled of bishops, he did not permit to ordain or forbid anything save what had first been ordained by himself as agreeable to his own will.

'3. He would not suffer that any, even of his bishops, should be allowed to implead publicly, or excommunicate, or constrain by any penalty of ecclesiastical rigour, any of &c. his barons or ministers accused of incest, or adultery, or any capital crime, save by his command.'

XVIII.

HENRY'S LETTER TO ANSELM, A. D. 1100.

Henry had been crowned during Anselm's absence. The letter which follows was written by the king to explain the reason for this. The document is often quoted in illustration of the archbishop's constitutional position at the time.

[Tr. Anselm's Letters, ed. Migne, tom. 159, iii. xli. Cf Stubbs, S. C. 102.]

Henry, by the grace of God king of the English, to his Anselm is most good spiritual father Anselm, bishop of Canterbury, greeting and demonstration of all friendliness. Know, my dearest father, that my brother King William is dead, and I, by God's will, having been elected by the clergy and people of England, and already consecrated king—although owing to your absence against my will—I, with all the people of England, require you, as our father, that with all speed you come to take care of me, your son, and the same

60

DOCUMENTS ILLUSTRATIVE OF THE

people, the care of whose souls has been committed to you.

My own self, indeed, and the people of the whole realm of

England I commend to your counsel and theirs who with

and the

you ought to take counsel for me ; and I pray that it displease

hurried

you not that I have received the royal blessing without you,

coronation

from whom, had it been possible, I would have received it

is explain-

more willingly than from any other. But there was such

ed as

necessity, because enemies wanted to rise against me and

necessary.

the people which I have to govern, and so my barons and

this same people did not wish it to be deferred longer ; by

reason of this, then, I received it from your representatives.

Money is

Indeed, I would have sent to you from my person some

promised

by whom I might also have dispatched money to you,

and the

but owing to the death of my brother the whole world

route prescribed.

is so disturbed all round the realm of England that they

would not have been in any wise able to reach you safely.

I advise you then and enjoin you not to come through

Normandy, but by Witsand, and I will have my barons at

Dover to meet you, and money to convey you, and you will

find, by God's help, means to pay off well anything you have

borrowed. Hasten therefore, father, to come, lest our

mother the Church of Canterbury, so long tempest-tossed

and desolate, should any further, for your sake, experience the

loss of souls. Witness, Girard, bishop, and William, bishop-

elect of Winchester, and William Warelwast, and Earl

Henry, and Robert FitzHaimon, and Haimon my steward,

and others, as well my bishops as barons.

Farewell.

xix] HISTORY OF THE ENGLISH CHURCH

61

XIX.

CANONS OF THE COUNCIL AT WESTMINSTER,

A. D. 1102.

The following canons are given on the authority of Eadmer, Hist. 1102. Nov iii. 67, &c, but there is some uncertainty as to Councils held in this year, and Eadmer evidently gives a summary.

[Tr. Eadmer, l. c., Rolls Series edition, p. 142.]

[The first canon concerned the practice of simony, for 1. Simony. which certain members of the Council were deprived on the spot.]

2. Bishops are not to undertake the office [of judge] in secular pleas, and are to dress not as laymen, but as becomes religious persons, and are always and everywhere to have honest persons witnesses of their conversation.

3. That archdeaconries be not let to farm.

4. That archdeacons be deacons.

5. That no archdeacon, priest, deacon, or canon marry or retain a wife, and that any subdeacon who is not a canon, having married after profession of chastity, be bound by the same rule.

6. That a priest as long as he has illicit intercourse with a woman be not lawful nor celebrate mass, and if he do so that his mass be not heard.

7. That none be ordained to the subdiaconate, or beyond, without profession of chastity.

8. That sons of priests succeed not to their fathers' churches.

9. That no clerks at all be the agents or proctors of secular men, nor be judges of blood.

10. That priests go not to drinking bouts nor drink to pegs 1 [ad pinnas].

1 Cf. Bishop Stubbs, Mem. of St. Dunstan, Rolls Series, Pref. p. cviii.

62

DOCUMENTS ILLUSTRATIVE OF THE

1103. That the apparel of priests be of one colour, and their shoes as ordered [ordinata].

1104. That monks or clerks who have forsaken their order either return or be excommunicated.

1105. That clerks have visible tonsures.

14-17.

Church

property.

Tithes.

14. That tithes be only given to churches.

15. That churches and prebends be not bought.

16. That there be no new chapels without the bishop's consent.

17. That a church be not consecrated until things necessary for priest and church be provided.

18-22.

Monastic

restrictions.

18. That abbots do not make knights [milites], and that they eat and sleep in the same house with their monks except when necessity prevents.

19. That monks impose no penance on any without leave of their abbot, and that abbots cannot give them permission concerning this, save in the case of those over whom they have spiritual charge.

20. That monks be not godfathers, nor nuns godmothers.

21. That monks hold no towns [villas] at farm.

22. That monks accept no churches save through the bishops, and that when given to them they do not so deprive them of their rents, that the priests serving there be in lack of necessaries.

23-30.

Various

restrictions.

23. That plighted troth between man and woman, if given in secret and without witnesses, be considered void when denied by either party.

24. That those wearing hair be so shorn that part of their ears be visible and their eyes be not covered.

25. That relations up to the seventh degree be not married, nor if married cohabit any longer ; and if any one be aware of this incest and declare it not, let him know that he is a party to the same guilt.

26. Burial

of parishioners.

26. That bodies of dead people be not carried outside

xx] HISTORY OF THE ENGLISH CHURCH

63

their parish for burial so that the priest of the parish lose

1102

his just due therefion.

27. That none in presumptuous novelty without epis- 27 Re-

copal authority show reverence for the bodies of dead

people, or springs, or anything else, as we have discovered

bodies,&c.

it to be done.

28. That none henceforth presume to exercise that wicked

trade whereby men were heretofore wont to be sold in Slavery.

England like brute beasts.

29. Those who commit sodomy, and those willingly

29

aiding them in this, were in this same synod condemned

Abomin-

able

with strict anathema, until by penance and confession they

merit absolution. And as for a man detected in this crime,

crimes.

it was ordained that, if a person of a religious order, he be

promoted to no higher rank, and be deposed from any he

has; but if a layman, that he be deprived of his lawful

condition in all the realm of England, and that none save a

bishop presume to grant absolution for this crime to those

who have not undertaken to live under vows.

30. It was also ordained that the aforesaid excommuni-

cation be renewed throughout all England on every Lord's

Day.

XX.

THE COMPROMISE OF INVESTITURES,

A. D. 1107.

In the issue of the long controversy between Anselm and the king,

on the question of Investiture, we are chiefly dependent on Eadmer,

Hist. Nov iv. 91, as quoted below. Matthew of Westminster, and

other authorities, simply cite him.

[Tr. Johnson, compared with Eadmer, Rolls Series, 186 ; cf. Wilkins,

i. 386.]

On the first of August an assembly of bishops, abbots,

Prelimin-

ary discus-

and nobles of the realm was held at London in the king's

sion at

64

DOCUMENTS ILLUSTRATIVE OF THE

1107. palace. And for three successive days, in Anselm's absence,

London in the matter was thoroughly discussed between king and

Anselm's bishops concerning church investitures, some arguing for

absence. this that the king should perform them after the manner

of his father and brother, not according to the injunction

and obedience of the pope. For the pope in the sentence

which had been then published, standing firm, had con-

ceded homage, which Pope Urban had forbidden, as well

as investiture, and in this way had won over the king about

investiture, as may be gathered from the letter we have

quoted above. Afterwards, in the presence of Anselm and

Eventual compro-

mise in Anselm's

absence; (1) The

king gives up lay in-

(2) Anselm concedes

homage as no bar to

consecra-

tion.

a large concourse, the king agreed and ordained that hence-

forward no one should be invested with bishopric or abbacy

in England by the giving of a pastoral staff or the ring, by

the king or any lay hand; Anselm also agreeing that no

one elected to a prelacy should be deprived of consecration

to the office undertaken on the ground of homage, which

he should make to the king. After this decision, by the

advice of Anselm and the nobles of the realm, fathers

were instituted by the king, without any investiture of

pastoral staff or ring, to nearly all the churches of England

which had been so long widowed of their shepherds.

XXI.

CANONS OF ANSELM AT LONDON, A.D. 1108.

1108. These canons are given in Eadmer, Hist. Nov. iv. 94, from whom

they appear to have been quoted by later writers. The Council was

held at London, at Whitsuntide.

[Tr. Eadmer, Hist. Nov. iv. 94, Rolls Series, p 193; cf. Wilkins, i. 387 ]

Obligation of celibacy. I. It was ordained that priests, deacons, and subdeacons

live in chastity, and have no women in their houses, save

those very closely related to them, as the holy Nicene

Council defined.

xxi] HISTORY OF THE ENGLISH CHURCH 65

2. Those priests, deacons, and subdeacons, who after 1108. the prohibition of the London Council have retained their Entire women, or have married others, if they wish to celebrate divorce mass after this, shall put them away from themselves entirely [facient alienas], so that neither these enter their houses, nor they theirs, nor yet knowingly meet in any house ; nor are such women to live on any church territory.

3. If they must needs speak with them for any honest reason, let them speak with them outside the house with two lawful witnesses.

4. And if any of them have been accused of breaking this statute, by two or three lawful witnesses, or public report of the parishioners, he shall purge himself with six witnesses if a priest, four if a deacon, two if a subdeacon. And if this purgation fail he shall be adjudged a breaker of the sacred decree.

5. Let those priests who, despising God's altar and their holy orders, prefer to live with women, be deprived of office and benefice and put out of the choir, after being pronounced infamous.

6. And if in rebellion and contempt any leave not the woman and presume to celebrate mass, let him be excommunicated on the eighth day unless he refuse not satisfaction when demanded.

7. This same sentence comprehends all archdeacons and canons as to leaving their women, and avoiding contact with them, and the censure incurred if they shall transgress the statutes.

8. All archdeacons shall swear that they will not take money to connive at the breach of this statute, nor will they suffer priests, whom they know to have women, to sing mass or to have vicars. Deans shall act in like manner, and the archdeacon or dean refusing to swear this shall lose his archdeaconry or deanery.

9. But priests who choose to leave their women and serve

66

DOCUMENTS ILLUSTRATIVE OF THE

1108. God and His holy altars, vacating their office for forty days, shall in the meantime have vicars, penance being enjoined them according to the bishop's discretion.

who return.

Confiscation for further offence.

10. All movables belonging to priests, deacons, subdeacons, or canons who fall henceforth, shall be forfeited to the bishops, as well as the concubines, with their effects, as adulteresses.

XXII.

SECOND CHARTER OF STEPHEN, A.D. 1136.

1136. This charter was granted by Stephen at the first great Council of his reign. Its provisions are based upon a previous charter of Henry I.

[Tr. Statutes of the Realm, Charters of Liberties, p. 3. Cf. Stubbs, S. C. 120.]

The Church to be free

I, Stephen, by the grace of God and the assent of the clergy and people elected king of the English, and consecrated by William, archbishop of Canterbury and legate of the Holy Roman Church, and confirmed by Innocent, pontiff of the Holy Roman See, from regard and love to God, do grant holy Church to be free and confirm due reverence to her. I promise that I will not do nor allow any simony in the Church or in church affairs.

Simony prohibited.

I permit and confirm justice and power over ecclesiastical persons and all clerks and their effects, and the distribution of ecclesiastical goods to be in the hands of the bishops.

Bishops' authority over ecclesiastical persons, &c., allowed

The dignities of churches confirmed by their privileges, and their customs had of ancient continuance, I ordain and grant to remain inviolate.

Ancient church privileges and property recognized within limits.

All the possessions and holdings of churches which they had on that day when William the king, my grandfather, was alive and dead, I grant to them to be free and absolute without any appeal from claimants. But if the Church shall hereafter seek to regain

xxii] HISTORY OF THE ENGLISH CHURCH

67

any of the things held or possessed before the death of

the same king which the Church has no longer, I reserve

them for my indulgence and dispensation for restoration

or for consideration. But I confirm whatever has been

bestowed upon them since the death of this same king, by

the liberality of kings or the gift of great men, by presenta-

tion or acquisition, or by any exchange of the faithful.

I promise that I will perform peace and justice in all Peace and

things, and will maintain these for them as far as I can. justice

I reserve for myself the forests which William my grand- promised.

father, and William my uncle established and had. All the regula-

tions.

others which King Henry further added I give back and tions.

grant to the churches and the kingdom without molesta-

tion. If any bishop or abbot or other ecclesiastical person Testament-

ary dispo-

devise his goods, I grant it to remain firm. But if he bishops,

shall be ovetaken by death let the same devise take place &c.

with the advice of the Church for the health of his soul.

Moreover, whilst sees shall be without their proper pastors, Vacant

sees.

these and all their possessions I will commit to the hand

and custody of the clerks or good men of the same church,

until a pastor be canonically appointed to succeed. I en- Prohibi-

tirely abolish all exactions, and injuries, and miskennings 1 tion of ex-

actions,

[mescheningas] wrongly introduced, whether by sheriffs or &c.

by any other. I will observe, and command and ordain to

be observed, the good laws and ancient and just customs

in murders and pleas and other causes. All these things

I grant and confirm saving my royal and just dignity.

Witness : W. Archbishop of Canterbury, Hugh Archbishop Witnesses.

of Rouen, and Henry Bishop of Winchester, and Roger

Bishop of Salisbury, and A. Bishop of Lincoln, and Nigel

Bishop of Ely, and Everard Bishop of Norwich, and Simon

Bishop of Worcester, and Bernard Bishop of St. David's,

and Owen Bishop of Evreux, Richard Bishop of Avranches,

1 Variation of plea made in court.

F 2

68

DOCUMENTS ILLUSTRATIVE OF THE [xxii

1136. Robert Bishop of Hereford, John Bishop of Rochester,

Athelwulf Bishop of Carlisle, and other lay signatories. At

Oxford, in the year 1136 from the Lord's Incarnation, and

the first of my reign.

XXIII.

THE CONSTITUTIONS OF CLARENDON,

A. D. 1164.

1164. Bishop Stubbs says that the Latin original of the following transla-

tion of the constitutions is probably the exact form in which they

were reported to the king and confirmed by the bishops and barons.

[Tr. Cotton. MS., Claudius B 2, f. 26. Cf. Stubbs, S C. 137.]

This defi-

nite state-

ment of the

customs,

&c , in

dispute

was drawn

up and

passed as

a final

settlement

between

the dis-

puting

parties.

In the year 1164 from our Lord's Incarnation, the fourth

of the pontificate of Alexander, the tenth of Henry II,

most illustrious king of the English, in the presence of

the same king, was made this remembrance or acknow-

ledgment of a certain part of the customs, liberties, and

dignities of his ancestors, that is of King Henry his grand-

father, and of others, which ought to be observed and held in

the realm. And owing to strifes and dissensions which had

taken place between the clergy and justices of the lord the

king and the barons of the realm, in respect of customs

and dignities of the realm, this recognition was made before

the archbishops and bishops and clergy, and the earls and

barons and nobles of the realm. And these same customs

recognized by the archbishops and bishops, and earls and

barons, and by those of high rank and age in the realm,

Thomas Archbishop of Canterbury, and Roger Archbishop

of York, and Gilbert Bishop of London, and Henry Bishop

of Winchester, and Nigel Bishop of Ely, and William

Bishop of Norwich, and Robert Bishop of Lincoln, and

Hilary Bishop of Chichester, and Jocelyn Bishop of Salis-

xxiii] HISTORY OF THE ENGLISH CHURCH

bury, and Richard Bishop of Chester, and Bartholomew Bishop of Exeter, and Robert Bishop of Hereford, and David Bishop of St. David's, and Roger elect of Worcester, conceded, and by word of mouth steadfastly promised on the word of truth, to the lord the king and his heirs, should be kept and observed in good faith and without evil intent, these being present :

Robert Earl of Leicester, Reginald in the Earl of Cornwall, Conan Earl of Brittany, John Earl of Eu, Roger Earl of Clare, Earl Geoffrey de Mandeville, nobles and Hugh Earl of Chester, William Earl of Arundel, Earl others, Patrick, William Earl of Ferrers, Richard de Luci, Reginald de St. Valery, Roger Bigot, Reginald de Warenne, Richer de Aquila, William de Braose, Richard de Camville, Nigel de Mowbray, Simon de Beauchamp, Humphry de Bohun, Matthew de Hereford, Walter de Mayenne, Manser Biset the steward, William Malet, William de Courcy, Robert de Dunstanville, Jocelin de Balliol, William de Lanvallei, William de Caisnet, Geoffrey de Vere, William de Hastings, Hugh de Moreville, Alan de Neville, Simon son of Peter, William Maudit the chamberlain, John Maudit, John Marshall, Peter de Mara, and many other magnates and nobles of the realm, as well clerical as lay.

Now of the acknowledged customs and dignities of the realm a certain part is contained in the present document, and the chapters here follow :

1. If controversy shall arise between laymen, or clergy, regarding advowson and presentation to churches, let it be treated or concluded in the court of the lord the king.

2. Churches belonging to the fee of the lord the king cannot be granted in perpetuity without his own assent and grant.

3. Clerks cited and accused of any matter shall, when summoned by the king's justice, come into his own court to answer there concerning what it shall seem to the king's

70

DOCUMENTS ILLUSTRATIVE OF THE [xxiii

1164. court should be answered there, and in the church court for what it shall seem should be answered there, yet so that the king's justice shall send into the court of holy Church to see in what way the matter is there treated. And if the clerk be convicted, or shall confess, the Church must not any longer protect him.

1165. Leave 4. Archbishops, bishops, and persons of the realm are of absence not allowed to leave the kingdom without licence of the to the lord the king ; and if they do leave, they shall, if the king clergy. so please, give security that neither in going nor in staying, nor in returning, will they seek the ill or damage of the lord the king or realm.

5 Excom 5. Excommunicate persons are not to give pledge for the municates. future, nor to take oath, but only to give security and pledge of abiding by the Church's judgment that they may be absolved.

6. Con- 6. Laymen are not to be accused save by proper and cerning charges legal accusers and witnesses in the presence of the bishop, against so that the archdeacon do not lose his right nor anything laymen. due to him thence. And if the accused be such that no one wills or dares to accuse them, the sheriff, when requested by the bishop, shall cause twelve lawful men from the neighbourhood [de vicineto] or the town to swear before the bishop that they will show the truth in the matter according to their conscience.

7. The ex- 7. No one who holds of the king in chief, and none communi- of his demesne officers are to be excommunicated, nor the cation of tenants in lands of any one of them to be put under an interdict chief. unless first the lord the king, if he be in the country, or his justiciar if he be outside the kingdom, be applied to, in order that he may do right for him ; and so that what shall appertain to the royal court be concluded there, and that what shall belong to the church court be sent to the same to be treated there.

8 The 8. In regard to appeals, if they shall occur, they must

xxiii] HISTORY OF THE ENGLISH CHURCH.

proceed from the archdeacon to the bishop, and from the bishop to the archbishop. And if the archbishop fail in direction

showing justice, they must come at last to the lord the king, that by his command the dispute be concluded in the

archbishop's court, so that it must not go further without the assent of the lord the king.

9. If a dispute shall arise between a clerk and a layman, or between a layman and a clerk, in respect of any tenement

which the clerk wishes to bring to frank-almoign, but the layman to a lay fee, it shall be concluded by the consideration of the king's chief justice on the award of twelve

lawful men, whether the tenement belong to frank-almoign or to lay fee, before the king's justiciar himself. And if

the award be that it belongs to frank-almoign, it shall be pleaded in the church court, but if to the lay fee, unless

both claim under the same bishop or baron, it shall be pleaded in the king's court. But if both appeal concerning

this fee to the same bishop or baron, it shall be pleaded in his own court, so that for making the award he who was

first seised, lose not his seisin until the matter be settled by the plea.

10. If any one of a city, or castle, or borough, or a demesne manor of the lord the king, be cited by arch-

deacon or bishop for any offence for which he ought to tenants.

answer them, and refuse to give satisfaction at their citations, it is well lawful to place him under interdict ; but

he must not be excommunicated before the chief officer of the lord the king of that town be applied to, in order that

he may adjudge him to come for satisfaction. And if the king's officer fail in this, he shall be at the king's mercy,

and thereafter the bishop shall be able to restrain the accused by ecclesiastical justice.

11. Archbishops, bishops, and all persons of the realm who hold of the king in chief, have their possessions from

the lord the king as barony, and are answerable therefor

72

DOCUMENTS ILLUSTRATIVE OF THE

1164. to the king's justices and ministers, and follow and do all

royal rights and customs, and like all other barons, have

to be present at the trials of the court of the lord the king

with the barons until it comes to a judgment of loss of

limb, or death.

12. The 12. When an archbishopric or bishopric is vacant, or

custody of vacant sees, &c. any abbey or priory of the king's demesne, it must be in

his own hand, and from it he shall receive all revenues

and rents as demesne. And when they come to provide

for the church, the lord the king must cite the chief

persons of the church, and the election must take place

in the chapel of the lord the king himself, with the

assent of the lord the king, and the advice of the persons

of the realm whom he shall have summoned to do this.

And the person elected shall there do homage and fealty

to the lord the king as to his liege lord for his life and limbs

and earthly honour, saving his order, before he be con-

secrated.

13. Con- 13. If any of the nobles of the realm forcibly prevent

cerning restraint of justice. the archbishop or bishop or archdeacon from doing justice

in regard of himself or his people, the lord the king must

bring them to justice. And if perchance any one should

deforce the lord the king, the archbishops and bishops and

archdeacons must judge him, so that he gives satisfaction

to the lord the king.

14. The 14. The goods of those who are under forfeit of the

goods of outlaws. king, no church or cemetery is to detain against the king's

justice, because they belong to the king himself, whether

they be found inside churches or outside.

15. Pleas 15. Pleas of debts due under pledge of faith or without

of debt. pledge of faith are to be in the king's justice.

16. Ordina- 16. Sons of villeins [rusticorum] ought not to be ordained

tion of villeins. without the assent of the lord on whose land they are

known to have been born.

Now the record of the aforesaid royal customs and

xxiv] HISTORY OF THE ENGLISH CHURCH

73

dignities was made by the said archbishops and bishops, 1164

and earls and barons, and the nobles and elders of the Conclu-

sion: Date

realm, at Clarendon, on the fourth day before the Purification and refer-

ence to

of the Blessed Mary, ever Virgin, the lord Henry the king's son, with his father the lord the king being present there other

customs

There are moreover many other great customs and dignitics

of holy Mother Church and the lord the king and the

barons of the realm, which are not contained in this writing.

And let them be safe for holy Church and the lord the king

and his heirs and the barons of the realm, and be inviolably

observed.

XXIV.

ANSWER OF INNOCENT III CONCERNING THE

INTERDICT, A. D. 1208.

The following document is a reply to the Bishops of London, Ely, and Worcester, as to the observance of the interdict. It is printed

in Wilkins, i. 526.

[Tr. Cotton MS., Cleop. E. i. 147 ]

Innocent the bishop [episcopus], &c., to the Bishops of London, Ely, and Worcester, greeting and apostolic blessing.

We reply to your inquires, that whereas by reason of i. Baptis-

ing: We reply to your inquires, that whereas by reason of the interdict new chrism cannot be consecrated on Maundy Thursday, old must be used in the baptism of infants, and, if necessity demand, oil must be mixed by hand of the bishop or else priest, with the chrism, that it fail not.

And although ii The viaticum seem to be meet on the repentance of the dying, yet, if it cannot be had, we who read it believe that the principle holds good in this case, 'believe and thou hast eaten,' when actual need, and not contempt of religion, excludes the sacrament, and the actual need is expected soon iii. The church services.

to cease. Let neither gospel nor church hours be observed

74

DOCUMENTS ILLUSTRATIVE OF THE

in the accustomed place, nor any other, though the people

iv Pilgrim- assemble in the same. Let religious men, whose monasteries

ages to people have been wont to visit for the sake of prayer, admit

monas- pilgrims inside the church for prayer, not by the greater

teries festivals

v. Dedica- door, but by a more secret place. Let church doors remain

tion shut save at the chief festival of the church, when the

parishioners and others may be admitted for prayer into

vi. Admin- the church with open doors. Let baptism be celebrated in

istration of baptism

the usual manner with old chrism and oil inside the church

with shut doors, no lay person being admitted save the god-

parents ; and if need demand, new oil must be mixed.

vii. Pen- Penance is to be inflicted as well on the whole as the sick ;

ance. for in the midst of life we are in death. Those who have

viii Crimi- confessed in a suit, or have been convicted of some crime,

nals. are to be sent to the bishop or his penitentiary, and, if need

ix. Priests' be, are to be forced to this by church censure. Priests may

prayers. say their own hours and prayers in private. Priests may

x. Sunday on Sunday bless water in the churchyard and sprinkle it ;

functions and can make and distribute the bread when blessed, and

announce feasts and fasts and preach a sermon to the

xi. Church- people. A woman after childbirth may come to church,

ing. and perform her purification outside the church walls.

xii. Visita- Priests shall visit the sick, and hear confessions, and let

tion of the them perform the commendation of souls in the accustomed

sick, &c. manner, but they shall not follow the corpses of the dead,

xiii Good because they will not have church burial. Priests shall, on

Friday the day of the Passion, place the cross outside the church,

without ceremony, so that the parishioners may adore it

with the customary devotion.

xxv] HISTORY OF THE ENGLISH CHURCH

75

XXV.

JOHN'S SURRENDER OF THE KINGDOM TO

THE POPE, A.D. 1213.

This took place at Dover, before Pandulf, the legate, May 15, 1213,

and was renewed at London, before Nicholas, Bishop of Tusculum,

on October 3, when the homage here promised was rendered.

[Tr. Cotton MS, Nero C. 2. See Stubbs, S. C. 284.]

John, by the grace of God king of England, lord of Ireland, duke of Normandy and Aquitaine, earl of Anjou, to all the faithful in Christ who shall inspect this present charter, greeting. We will it to be known by all of you by this our charter, confirmed by our seal, that we, having offended God and our mother the holy Church in many things, and being on that account known to need the Divine mercy, and unable to make any worthy offering for the performance of due satisfaction to God and the Church, unless we humble ourselves and our realms—we, willing to humble ourselves for Him who humbled Himself for us even to death, by the inspiration of the Holy Spirit's grace, under no compulsion of force or of fear, but out of our good and free will, and by the common consent of our barons, offer and freely grant to God and His holy apostles Peter and Paul, and the holy Roman Church, our mother, and to our lord the Pope Innocent and his catholic successors, the whole realm of England and Ireland with all their rents, rights and appurtenances, for the remission of our sins and those of all our race, as well quick as dead ; and from now receiving back and holding these, as a feudal dependant, from God and the Roman Church, in the presence of the prudent man Pandulf, subdeacon and familiar of the lord the pope, do and swear fealty for them to the aforesaid our lord the Pope Innocent and his catholic successors and the holding,

76

DOCUMENTS ILLUSTRATIVE OF THE

1213. Roman Church, according to the form written below, and will do liege homage to the same lord the Pope in his presence if we shall be able to be present before him ; binding our successors and heirs by our wife, for ever, that in like manner to the supreme pontiff for the time being, and to the Roman Church, they should pay fealty and acknowledge homage without contradiction. Moreover, in proof of this our perpetual obligation and grant, we will and paying establish that from the proper and special revenues of our an annual realms aforesaid, for all service and custom that we should service of render for ourselves, saving in all respects the penny of 1000marks for the blessed Peter, the Roman Church receive 1000 marks same, sterling each year, to wit at the feast of St. Michael 500 marks, and at Easter 500 marks ; 700 to wit for the realm of England, and 300 for the realm of Ireland ; saving to us and our heirs, our rights, liberties, and royalties. All which, as aforesaid, we willing them to be perpetually ratified and confirmed, bind ourselves and our successors not to contra- confirming vene. And if we or any of our successors shall presume to the per- attempt this, whoever he be, unless he come to amendment after due admonition, let him forfeit right to the kingdom, and let this charter of obligation and grant on our part remain in force for ever.

The Oath of Fealty.

Here fol- lows the oath of fealty to the pope and his successors

I, John, by the grace of God king of England and lord of Ireland, from this hour forward will be faithful to God and the blessed Peter and the Roman Church, and my lord the Pope Innocent and his successors following in catholic manner : I will not be party in deed, word, consent, or counsel, to their losing life or limb or being unjustly imprisoned. Their damage, if I am aware of it, I will prevent, and will have removed if I can ; or else, as soon as I can, I will signify it, or will tell such persons as I shall believe will tell them certainly. Any counsel they entrust to me, immediately or

xxvi] HISTORY OF THE ENGLISH CHURCH

77

by their messengers or their letter, I will keep secret, and

1213

will consciously disclose to no one to their damage. The

patrimony of blessed Peter, and specially the realm of Eng-

land and the realm of Ireland, I will aid to hold and defend

against all men to my ability. So help me God and these

holy gospels. Witness myself at the house of the Knights of with the

the Temple near Dover, in the presence of the lord H. Arch-

names of

bishop of Dublin ; the lord J. Bishop of Norwich ; G. Fitz-

nesses.

Peter, Earl of Essex, our justiciar ; W. Earl of Salisbury,

our brother ; W. Marshall, Earl of Pembroke ; R. Count of

Boulogne ; W. Earl of Warenne ; S. Earl of Winchester ;

W. Earl of Arundel; W. Earl of Ferrers ; W. Brewer ;

Peter, son of Herbert ; Warren, son of Gerald. The 15th

day of May in the 14th year of our reign.

XXVI.

JOHN'S ECCLESIASTICAL CHARTER, A. D. 1214.

The interdict was relaxed, June 29, 1214, and the damages of the

Church assessed. The following charter was issued in November in

order to detach the clergy, as it would seem, from the barons. It

was reissued in January, 1215, and was confirmed by the Pope. See

Stubbs, S. C. p. 288.

[Tr. Statutes of the Realm, Charters of Liberties, p 5.]

John, by the grace of God king of England, lord of Ireland,

duke of Normandy and Aquitaine, earl of Anjou

being now

to the archbishops, bishops, earls, barons, knights, bailiffs, between

and to all who shall see or hear these letters, greeting.

king and

bishops,

Since by the grace of God, of the mere and free will of

both parties, there is full agreement concerning damages

and losses in the time of the interdict, between us and our

venerable fathers Stephen, archbishop of Canterbury, primate

of all England, and cardinal of the Holy Roman Church

78 DOCUMENTS ILLUSTRATIVE OF THE

1214. and Bishops William of London, Eustace of Ely, Giles of

Hereford, Joscelin of Bath and Glastonbury, and Hugh of

Lincoln—we wish not only to make satisfaction to them,

as far as in God we can, but also to make sound and

beneficial provision for all the Church of England for ever ;

and so whatsoever custom has been hitherto observed in

the king the English Church, in our own times and those of our

concedes predecessors, and whatsoever right we have claimed for

the free ourselves hitherto in the elections of any prelates, we have

election of at their own petition, for the health of our soul and the

cathedral and con- souls of our predecessors and successors kings of Eng-

ventual prelates, land, freely of our mere and spontaneous will, with the

common consent of our barons, granted and constituted,

and by this our present charter have confirmed : that hence-

forth in all and singular the churches and monasteries,

cathedral and conventual, of all our kingdom of England,

the elections of all prelates whatsoever, greater or less, be

reserving free for ever, saving to ourselves and our heirs the custody

custody of vacant royal churches, and monasteries which belong to us.

of vacant We promise also that we will neither hinder nor suffer nor

royal procure to be hindered by our ministers that in all and

churches, and de- singular the churches and monasteries mentioned, after the

manding prelates are vacant, the electors should, whenever they will,

that per- freely set a pastor over them, yet so that leave to elect be

mission be first asked of us and our heirs, which we will not deny nor

sought, defer. And if by chance, which God forbid, we should

deny or defer, let the electors, none the less, proceed to

make canonical election ; and likewise, after the election is

both to concluded, let our assent be demanded, which in like

elect and manner we will not deny, unless we put forth some reason-

for confir- able excuse and lawfully prove it, by reason of which we

mation; should not consent. Wherefore we will and firmly forbid

that when churches or monasteries are vacant, any one in

anything proceed or presume to proceed in opposition to

this our charter. But if any do ever at any time proceed

xxvii] HISTORY OF THE ENGLISH CHURCH

79

in opposition to it, let him incur the curse of Almighty

1214

God and our own. These being witnesses: Peter, bishop

all action

of Winchester, &c. (here follow twelve barons.) Given by

trary being

the hand of Master Richard de Marisco, our chancellor, at

repro-

the New Temple in London, on the 21st day of November

bated.

in the 16th year of our reign.

XXVII.

THE CHURCH CLAUSES OF MAGNA CARTA,

A. D. 1215.

[Tr. Facsimile given in the Statutes of the Realm, of a contemporary

copy in the custody of the Dean and Chapter of Lincoln. Cf. Stubbs,

S. C. 296.]

John, by the grace of God king of England, lord of Address

Ireland, duke of Normandy and Aquitaine, earl of Anjou, and pur-

pose of the

to his archbishops, bishops, abbots, earls, barons, justiciars,

charter

foresters, sheriffs, reeves, ministers, and all bailiffs and liege

men, greeting. Know ye that we by God's inspiration and

for the safety of our soul and those of our ancestors and

heirs, for the honour of God and the exaltation of holy

Church and the amending of our realm, by the advice of

The king's

our venerable fathers Stephen, archbishop of Canterbury,

advisers

primate of all England, and cardinal of the Holy Roman

both

Church, Henry, archbishop of Dublin, William of London,

clerical

Peter of Winchester, Joscelin of Bath and Glastonbury, up-

drawing it

Hugh of Lincoln, Walter of Worcester, William of Coventry,

and Benedict of Rochester, of Master Pandulf, subdeacon

and familiar of the lord the Pope, of Emeric our brother,

Master of the Knights of the Temple in England; and of

the noble men, William Marshal Earl of Pembroke, William

Earl of Salisbury, William Earl of Warenne, William Earl of

Arundel, Alan of Galloway, constable of Scotland, Warren

son of Gerald, Hubert de Burgh, steward of Poitou, Peter

80

DOCUMENTS ILLUSTRATIVE OF THE

1215. FitzHerbert, Hugh Neville, Matthew FitzHerbert, Thomas

Basset, Alan Basset, Philip de Albiny, Robert de Roppelay,

John Marshal, John FitzHugh, and other our faithful

men :-

The liberties of the Church of England are confirmed,

and particularly freedom of election already granted,

as also the general liberties of all free men as stated in

the sequel.

1. Have in the first place granted to God, and confirmed

by this our present charter, for us and our heirs for ever,

that the Church of England be free, and have her rights

intact, and her liberties uninjured; and so we will it to

be observed, which appears from the fact that freedom of

elections which is considered to be of chief moment and the

more necessary for the Church of England, we have by our

mere and spontaneous will, before the beginning of the

discord between us and our barons, granted and confirmed

by our charter, and have had it confirmed by the lord the

Pope Innocent III, which we will both observe and will

that it be observed in good faith by our heirs for ever. We

have also granted to all free men of our realm for us and

our heirs for ever, all the liberties mentioned below, to have

and to hold for them and their heirs of us and our heirs.

[§§ 2-62 refer to secular matters. See Stubbs, S. C. pp. 297-305 ]

Final confirmation of the liberties aforesaid

63. Wherefore we will and firmly command that the

English Church be free, and that the men in our realm

have and hold all the aforesaid liberties, rights, and grants,

well and in peace, freely and quietly, fully and wholly, to

themselves and their heirs of us and our heirs in all things

and places for ever, as is aforesaid. Moreover an oath has

been taken, as well on our side as on that of the barons,

by mutual oath

that all these things aforesaid shall be observed with good

faith and without evil disposition. The aforesaid and many

others being witness. Given by our hand in the meadow

Date and place.

which is called Runnymede between Windsor and Staines,

on the fifteenth day of June in the seventeenth year of

our reign.

xxviii] HISTORY OF THE ENGLISH CHURCH

8I

[In chronological sequence, the Acts of the Council of London, A D 1237,

should here follow. On account of their great length they are omitted from

these pages, but will be found in Wilkins (i pp 649-656). The Canons

of Ottobon, A D. 1268, omitted for a similar reason, will be found in

Wilkins (ii. pp. 1-19).]

XXVIII.

THE MORTMAIN ACT OF 1279.

7 Edward I, stat. 2.

The following Mortmain Act became law in 1279 It is the first

Act which deals with property given to ecclesiastical persons. It

received addition or modification on various subsequent occasions, the

most important being the Acts of 1391 ; 7 & 8 William III, cap. 37 ;

9 George II, cap. 36; and 5 George IV, cap. 103.

[Tr Statutes of the Realm, i, 51 ]

The king to his Justices of the Bench, greeting. Where Lately pro-

vided that religious men should not enter vided that

into the fees of any without licence and will of the chief men should

lords, of whom those fees be holden immediately ; and not hold

notwithstanding, religious men have entered as well into outlicence

their own fees, as into the fees of other men, appropriating

and buying them, and sometimes receiving them of the

gift of others, whereby the services that are due from such This pro-

vision

fees, and which at the beginning were provided for defence evaded.

of the realm, are wrongfully withdrawn, and the chief lords

lose their escheats of the same :

We thereupon, to the profit of our realm, intending to Ordained

provide convenient remedy by the advice of our prelates, that no

earls, barons, and other our subjects, being of our council, be alicn-

have provided, established, and ordained, that no person, mortmain

religious or other, whatsoever he be, presume to buy or sell upon pain

any lands or tenements, or to receive them under the feiture.

colour of gift or lease, or any other title, whatsoever it

G

82

DOCUMENTS ILLUSTRATIVE OF THE [xxviii

1279. be, or by any other craft or device appropriate them to

himself, under pain of forfeiture of the same, whereby such

lands or tenements may in any wise come into mortmain.

Penalty for evasion of entry by an immediate chief lord on land so alienated. We have provided also, that if any person, religious or

other, do presume either by craft or device to offend against

this statute, it shall be lawful to us and other chief lords

of the fee immediate, to enter into the land so alienated,

within a year from the time of the alienation, and to hold it

in fee and inheritance.

Who shall take the benefit of the forfeiture if he is negligent. And if the chief lord immediate be negligent, and will

not enter into such fee within the year, then it shall be

lawful to the next chief lord immediate of the same fee

to enter into the same land within half a year next follow-

ing, and to hold it as is aforesaid ; and so every lord

immediate may enter into such land, if the next lord be

negligent in entering into the same fee, as is aforesaid.

In ultimate default the Crown. And if all the chief lords of such fees, being of full age,

within the four seas, and not imprisoned, be negligent or

slack in this behalf for one year, we, immediately after the

year accomplished, from the time that such purchases,

gifts, or appropriations happen to be made, shall take such

lands and tenements into our hand, and shall infeoff others

therein by certain services to be done to us for the defence

of our realm ; saving to the chief lords of the same fees

their wards and escheats, and other services therefor due

and accustomed.

Proclamation of the statute ordered. And therefore we command you, that you cause the afore-

said statute to be read before you, and from henceforth

to be kept firmly and observed. Witness the king at West-

minster, the 15th day of November, the 7th year of his

reign.

xxix] HISTORY OF THE ENGLISH CHURCH

83

XXIX.

THE WRIT 'CIRCUMSPECTE AGATIS,' A.D. 1285.

The authorities for this writ are a Cotton and two Harleian MSS ,

1285. Cott. Claud. D. ii. f 229 b , Harl. 395 and 667 b The Cotton MS. is

endorsed Examinatur per rotulum. All three differ in points of detail.

The following translation is made from the collated texts as printed

in the Statutes of the Realm, i. 101, with some use of the various

readings there given.

[Tr. Statutes of the Realm, i 101.]

The king to such and such judges, greeting. See that The king's

ye act circumspectly in the matter touching the Bishop prohibition

of Norwich and his clergy, in not punishing them if they affect

should not

shall hold pleas in the Court Christian concerning those purely

things which are merely spiritual, to wit:-concerning cor-

rections which prelates inflict for deadly sin, to wit, for

fornication, adultery, and such like, for which, sometimes

corporall punishment is inflicted, and sometimes pecuniary,

especially if a freeman be convicted of such things.

The foregoing is the writ, and, apparently, a distinct

document from what follows, which is a series of questions

submitted to the king, with his answers thereto.

Also if a prelate impose a penalty for not enclosing Query-as

a churchyard, leaving the church uncovered or without to churches

proper ornament, in which cases no other than a pecuniary church-

fine can be inflicted. yards;

Also if a rector demand the greater or the lesser tithe, as to

provided the fourth part of any church be not demanded. offerings;

Also if a rector demand a mortuary in places where as to mor-

a mortuary has been usually given. tuaries;

Also if a prelate of any church demand a pension from as to pen-

the rector as due to him :-all such demands are to be sions;

made in the ecclesiastical court.

G 2

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DOCUMENTS ILLUSTRATIVE OF THE

Are these cases cognizable in the ecclesiastical court, and when is a prohibition legal?

Concerning laying violent hands on a clerk, and in case of defamation, it has been granted formerly that pleas thereof as to violence to a clerk, defamation, and breach of faith may be held in the Court Christian, provided money be not demanded, but proceedings may be taken for correction of the sin; and likewise for breach of faith. In all these cases the ecclesiastical judge has to take cognizance, the king's prohibition notwithstanding, although it be put forward.

Wherefore laymen generally obtain a prohibition for tithes, oblations, mortuaries, redemptions of penances, laying violent hands on a clerk or a lay-brother, and in case of defamation, in which cases proceedings are taken to exact canonical punishment.

The king's answer:-

The lord the king made answer to these articles, that in tithes, obventions, oblations, and mortuaries, when proceedings are taken, as is aforesaid, there is no place for prohibition. And if a clerk or religious person shall sell for money to any one his tithes stored in the barn, or being elsewhere, and be impleaded in the Court Christian, the royal prohibition has place, for by reason of sales, spiritual things are temporal, and then tithes pass into chattels.

No prohibition in cases of tithes, &c., save in special case.

Also if dispute arise concerning the right of tithes, having its origin in the right of patronage, and the quantity of these tithes exceeds the fourth part of the church, the king's prohibition has place.

Prohibition lies in cases of right to tithe in respect of patronage and pecuniary penance, but not in cases of violence to a clerk,

Also if a prelate impose pecuniary penalty on any one for sin, and demand the money, the king's prohibition has place, if the money is exacted before prelates.

Also if any one shall lay violent hands on a clerk, amends must be made for a breach of the peace of the lord the king, before the king, and for excommunication before the bishop; and if corporal penalty be imposed which, if the defendant will, he may redeem by giving money to the prelate or person injured, neither in such cases is there place for prohibition.

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85

In defamations of freemen let the prelates correct, the

king's prohibition notwithstanding, although it be tendered. or in de-

famation.

XXX.

ECCLESIASTICAL SUMMONS TO PARLIAMENT,

A.D. 1295.

These, and other similar summonses, are translated from the Report

on the Dignity of a Peer, App. I. pp 64 67 See Stubbs, S. C. p 484.

(1) Summons of the Archbishop to a great Council.

Edward, &c., to the venerable Father in Christ, Robert, Weighty

by the same grace archbishop of Canterbury, primate of

all England, greeting. Whereas, by reason of certain diffi-

cult affairs concerning us and our kingdom, and you and

the other prelates of the same kingdom, which we do not

desire should be dispatched without your and their presence,

we wish to hold our Parliament and to hold conference

and discussion with you on these matters; we command

you, enjoining you strictly by the faith and love whereby

you are bound to us, that you be with us at Westminster

on the first day of August next to come, or at all events

within the third day following at the latest, to discuss with

us concerning the said matters, and to give your advice.

And this you shall in no wise omit. Witness ourself at the

White Monastery, the 23rd day of June.

[Similar letters are directed to the Archbishop of York, the other

bishops, and various ecclesiastical persons, heads of religious houses.

These of course are in addition to similar letters to the earls, barons,

and judges.]

(2) Summons of the Archbishop and Clergy to

Parliament.

The king to the venerable Father in Christ, Robert, by

the same grace archbishop of Canterbury, primate of all

England, greeting. As law most righteous, established by

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DOCUMENTS ILLUSTRATIVE OF THE

the prudent foresight of holy princes, enjoins and ordains that what affects all should be approved by all, it is in such wise, as is most clear, that common dangers may be met

and you being aware of the nefarious designs of France,

by remedies taken in common. You are doubtless well aware, and it is now, we believe, spread abroad through all the countries of the world, how that the King of France has treacherously and surreptitiously deceived us in regard to our land of Gascony by wickedly withholding it from us.

are to repair with proper representatives of the clergy to Westminster,

And now, not content with the treachery and wickedness aforesaid, he has, in order to attack our realm, collected a very large fleet and a numerous retinue of soldiers, with whom he has already invaded our kingdom and the inhabitants of the same, and proposes to blot out entirely from the earth the English tongue, if his power correspond to the abominable design of the sin he has conceived, which God avert; because weapons foreseen do the less injure, and your interest, as that of all other your fellow-citizens in the realm, is at stake herein, we command you by the faith and love whereby you are bound to us, firmly enjoining, that on the Sunday next after the Feast of St. Martin in the winter next to come, you be present in person at Westminster, forewarning [præmunientes] the prior and chapter of your church, the archdeacons, and all the clergy of your diocese, causing that these same prior and archdeacons, in their own persons, and the said chapter by one, and the same clergy by two fit proctors, having full and sufficient authority from the chapter and clergy themselves, be present with you, by all means, then and there to discuss, in order to ordain, and do with us and the other prelates and nobles discuss these matters.

and other inhabitants of our realm, in what manner we are to meet such perils and evils devised. Witness the king at Wengham, the 30th day of September.

[Similar letters are directed mutatis mutandis to the Archbishop of York and the bishops, also, omitting the clause forewarning, &c., to sixty-seven abbots and others.]

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87

XXXI.

THE CLERICIS LAICOS BULL, A.D. 1296.

The following Bull was issued by Pope Boniface VIII in 1296, and published, so far as concerned England, by Archbishop Winchelsey, in January, 1297. Its object was to stop the carrying on of wars so largely at the expense of the clergy As a consequence of it, the clergy, in 1297, refused to grant an aid to Edward I, who thereupon outlawed them, and seized the temporalities of the see of Canterbury. Eventually a compromise was made, Archbishop Winchelsey promising to obtain money from the clergy if the king would confirm the charters of liberties, whilst the pope declared that his prohibition did not affect voluntary grants.

[Tr Fœdera, i p 836.]

Boniface Bishop, servant of the servants of God, for the Lay people perpetual memory of the matter. That laymen have been having de-very hostile to clerks antiquity relates, which too the expe-riences of the present times manifestly declare, whilst not from ecclesiastical content with their own bounds they strive for the forbidden persons, and loose the reins for things unlawful. Nor do they prudently consider how power over clerks or ecclesiastical persons or goods is forbidden them : they impose heavy burdens on the prelates of the churches and ecclesiastical persons regular and secular, and tax them, and impose collections : they exact and demand from the same the half, tithe, or twentieth, or any other portion or proportion of their revenues or goods ; and in many ways they essay to bring them under slavery, and subject them to their authority. And, as we sadly relate, some prelates of the churches and ecclesiastical persons, alarmed where there should be demands having no alarm, seeking transient peace, fearing more to offend been often the temporal majesty than the eternal, acquiesce in such allowed abuses, not so much rashly as improvidently, authority or fear, licence of the Apostolic See not having been obtained. We therefore desirous of preventing such wicked actions, do, with apostolic authority decree, with the advice of our

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DOCUMENTS ILLUSTRATIVE OF THE

brethren, that whatsoever prelates and ecclesiastical persons,

any ecclesiastics

religious or secular, of whatsoever orders, condition or

who shall hereafter

standing, shall pay or promise or agree to pay to lay per-

pay or allow such demands,

sons collections or taxes for the tithe, twentieth, or hun-

dredth of their own rents, or goods, or those of the churches,

or any other portion, proportion, or quantity of the same

rents, or goods, at their own estimate or value, under the

name of aid, loan, relief, subsidy, or gift, or by any other

title, manner, or pretext demanded, without the authority of

the same see.

and any people of position

And also whatsoever emperors, kings, or princes, dukes,

who exact the same, whatever

earls, or barons, powers, captains, or officials, or rectors,

rank they hold,

by whatsoever names they are reputed, of cities, castles,

or any places whatsoever, wheresoever situate, and all others

of whatsoever rank, pre-eminence or state, who shall impose,

exact, or receive the things aforesaid, or arrest, seize, or

presume to occupy things anywhere deposited in holy

buildings, or to command them to be arrested, seized, or

occupied, or receive them when occupied, seized, or arrested,

and also all who knowingly give aid, counsel, or favour,

and any who aid or favoursuch

openly or secretly, in the things aforesaid, by this same

demands are all hereby excommunicated

should incur sentence of excommunication. Universities,

communi-

too, which may have been to blame in these matters, we

cated

subject to ecclesiastical interdict.

All acquiescence on the part of ecclesiastics will involve excommunication.

The prelates and ecclesiastical persons above mentioned

we strictly command, in virtue of their obedience, and

under pain of deposition, that they in no wise acquiesce in

such things without express licence of the said see, and

that they pay nothing under pretext of any obligation, pro-

mise, and acknowledgment whatsoever, made so far, or in

progress heretofore, and before such constitution, prohibi-

tion, or order come to their notice, and that the seculars

aforesaid do not in any wise receive it, and if they do pay,

or the aforesaid receive, let them fall under sentence of

excommunication by the very deed.

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89

Moreover, let no one be absolved from the aforesaid sentences of excommunications and interdict, save at the moment of death, without authority and special licence of the Apostolic See, inasmuch as it is part of our intention that mitigated such a terrible abuse of secular powers should not in any-wise pass under dissimulation, any privileges whatsoever special li-cence, that notwithstanding, in whatsoever tenors, forms or modes, or the abuse arrangement of words, conceded to emperors, kings and the may be others aforesaid ; against which premises aforesaid we will stopped. that aid be given by no one, and by no persons in any respect.

Let it then be lawful to none at all to infringe this page No one is of our constitution, prohibition, or order, or to gainsay it by to infringe this con-any rash attempt ; and if any one presume to attempt this, stitution. let him know that he will incur the indignation of Almighty God, and of his blessed apostles Peter and Paul.

Given at Rome in St. Peter's on the 24th of February in the second year of our Pontificate.

XXXII.

THE BARONS' LETTER TO THE POPE FROM LINCOLN, A.D. 1301.

Pope Boniface VIII, in a Bull dated June 27, 1299, claimed Scot-land as a fief of Rome, forbidding Edward to molest the Scots. The king acknowledged its receipt, and reaffirmed the principle that such a demand must be laid before Parliament. This was done at Lincoln, in 1301, and the barons drew up the following reply to the pope.

[Tr. Original at Public Record Office, in the Chapter House Records.]

To the most holy father in Christ, the lord Boniface, by The Divine Providence supreme pontiff of the Holy Roman Church, his devout sons [then follow the names of 104 earls usually and barons] devoutly kiss his blessed feet. The holy Roman best in-

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DOCUMENTS ILLUSTRATIVE OF THE [xxxii

1301. mother Church, by whose ministry the Catholic faith is

terests of governed, proceeds in her acts, as we firmly believe and

the Faith, hold, with such mature deliberation that she can prejudice

none, but only, like a tender mother, preserve unharmed the

rights of individuals, no less in others than in herself. Now

but the a general Parliament having been summoned by our most

pope's serene lord Edward, by the grace of God the illustrious

letter now king of England, at Lincoln; our same lord caused certain

read causes surprise by letters apostolic, which he had received, written on your

its de- mands con- behalf, upon certain matters touching the condition and

cerning estate of the kingdom of Scotland, to be published and

Scotland, gravely expounded to us ; which being heard and diligently

considered, we have heard matters therein contained as

well astonishing to our feelings as before unheard of. For

we know, most holy father, and it is notorious in the parts

of England, and not unknown in some others, that, from

which the first foundation of the realm of England, the kings of

never that realm, as well in the times of the Britons, as of the

owned the suzerainty English [Anglorum] have had the superior and direct over-

of Rome, lordship of the realm of Scotland, and have been, at succes-

but only of England. sive times, in possession even as it were of the suzerainty

and direct lordship of the said realm of Scotland. Neither

at any times did the said realm, in its temporalities, pertain,

nor does it pertain by any manner of right, to the Church

abovesaid. Yea, more, the said realm of Scotland [per-

tained] to the progenitors of oür aforesaid lord, kings of

England, and was their fief of old time. Neither also were

the kings of the Scots, and the realm, subordinate nor wont

to be subject to others, but to the kings of England.

Nor did the Neither did the kings of England answer, nor ought

English kings re- they to answer, concerning their rights in the aforesaid

cognize kingdom, or other their temporalities, before any judge,

foreign lordship. ecclesiastical or secular, by reason of the free pre-eminence of

the estate of their royal dignity and custom, unbrokenly pre-

served at all times. Wherefore, having held discourse, and

xxxii] HISTORY OF THE ENGLISH CHURCH

91

diligent deliberation being had concerning the things in your

said letters contained, the common consenting and unani-

mous agreement of all and singular has been, is, and for the

future, God willing, will be steadfastly observed :-that our both now

aforesaid lord the king, for the rights of his kingdom

of

and for the

Scotland or other his temporalities, shall in no wise answer

judicially before you, nor undergo judgment in any matter

whatsoever, nor bring into doubtful questioning his rights

aforesaid. Neither shall he send into your presence proc-

tors or nuncios for that purpose, especially where the pre-

mises should manifestly tend to the disherison of the right

of the crown of the kingdom of England, and of the royal

dignity, and the notorious subversion of the estate of the

same kingdom, and also to the prejudice of liberties, cus-

toms, and paternal laws, to the observance and defence

whereof we are bound by the due performance of our oath

taken, and which we will maintain with all our power and

will defend with all our strength, by God's help.

Neither do we permit, nor in any way will we permit, as and re-

we neither can nor ought, that our aforementioned lord the

king, even if he should wish it, should do, or in any wise the

quest is made for

attempt the premises so unusual, undutiful, prejudicial, and

ful observ-

ance of the

otherwise unheard of. Wherefore we reverently and humbly

rights in-

plore your holiness benignly to permit the same our lord

vaded.

the king (who among other princes of the whole world

proves himself Catholic and devoted to the Church of

Rome) peacefully to possess his rights, liberties, customs,

and laws, without diminution or inquietude, and that he

may take the same unimpaired.

In witness whereof we have put our seals to these pre-

sents, as well for ourselves as for the whole commonalty of

the said kingdom of England.

Given at Lincoln, 12 February, A.D. 1301.

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DOCUMENTS ILLUSTRATIVE OF THE

XXXIII.

THE STATUTE OF CARLISLE, A.D. 1307.

35 EDWARD I, STAT. 1.

1807. This Act, directed against the abuses of papal patronage, was passed at the Parliament held at Carlisle in 1307, hence the name by which it is generally known.

[Tr. Statutes of the Realm, i. 150.]

Complaint Of late it came to the knowledge of our lord the king, to the king by the grievous complaint of the honourable persons, lords, by the nobles,&c., and other noblemen of his realm, that whereas monas- of the teries, priories and other religious houses were founded to the religi- the honour and glory of God, and the advancement of the oushouses. holy Church, by the king and his progenitors, and by the said noblemen and their ancestors, and a very great portion

Why religious houses were founded.

of lands and tenements have been given by them to the said monasteries, priories, and houses, and the religious men serving God in them, to the intent that clerks and laymen might be admitted in such monasteries, priories, and religious houses, according to their sufficient ability, and that sick and feeble men might be maintained, hospitality, almsgiving, and other charitable deeds might be done, and that in them prayers might be said for the souls of the said founders and their heirs :

Impositions set by the heads of certain religious orders abroad upon English, Irish, Scottish, and Welsh monasteries of

The abbots, priors, and governors of the said houses, and certain aliens their superiors, as the abbots and priors Cluniac, Cistercian, Premonstratensian, and of the order of St. Augustine and St. Benedict, and many more of other religion and order, have at their own pleasures set divers unwonted, heavy, and intolerable tallages, payments, and impositions upon every of the said monasteries and houses in subjection unto them in England, Ireland, Scotland and Wales, without the privity of our lord the king and his nobility, contrary to the laws and customs of the realm.

xxxiii] HISTORY OF THE ENGLISH CHURCH

93

And thereby the number of religious persons, and other

servants in the said houses and religious places, are their

oppressed by such tallages, payments, and impositions, the

orders con-

service of God is diminished, alms are not given to the law,

poor, the sick and feeble, the healths of the living and the

Loss to

souls of the dead are miserably defrauded, and hospitality,

religion

almsgiving, and other godly deeds do cease; and so that Money

which in times past was charitably given to godly uses, and

given for

to the increase of the service of God, is now converted to

charity

an evil end.

converted

to an ill-

purpose.

By permission whereof there grows great scandal to the

Scandal

people, and infinite loss and disheritance are like to ensue

thereby.

to the founders of the said houses and their heirs, unless

speedy and sufficient remedy be provided to redress so

many and grievous detriments.

Wherefore our aforesaid lord the king, considering that

The king

it would be very prejudicial to him and his people if he should

proposes

any longer suffer so great losses and injuries to pass un-

to remedy

noticed, and therefore being willing to maintain and defend

follows :

the monasteries, priories, and other religious houses erected

in his kingdom, and in all lands subject to his dominion, and

from henceforth to provide sufficient remedy to reform

such oppressions, as he is bound, by the advice of his

earls, barons, great men, and other nobles of his kingdom

in his Parliament holden at Westminster, in the five-and-

thirtieth year of his reign, has ordained and enacted:

That no abbot, prior, master, warden, or other religious

Religious

person, of whatsoever condition, state, or religion he be,

in monas-

being under the king's power or jurisdiction, shall by himself,

teries with-

or by merchants or others, secretly or openly, by any device

in the

or means, carry or send, or by any means cause to be sent,

king's

any tax imposed by the abbots, priors, masters or wardens of

jurisdic-

religious houses, their superiors, or assessed amongst them-

tion shall

selves, out of his kingdom and his dominion, under the name

send no-

of rent, tallage, or any kind of imposition, or otherwise by abroad.

their

superiors

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DOCUMENTS ILLUSTRATIVE OF THE

way of exchange, mutual sale, or other contract howsoever

Nor go out it may be termed ; neither shall they depart into any other

of the

country for

visitation

nor carry

goods

abroad.

Penalty.

country for visitation, or upon any other colour, by that means, carry the goods of their monasteries and houses

out of the kingdom and dominion aforesaid. And if any

shall presume to offend this present statute, he shall be

grievously punished according to the quality of his offence,

and according to his contempt of the king's prohibition.

No imposi-

tions to be

taxed by

the heads

of alien

religious

houses

on the

houses in

subjection

to them.

Penalty.

Moreover, our aforesaid lord the king inhibits all and

singular abbots, priors, masters and governors of reli-

gious houses and places, being aliens, to whose authority,

subjection, and obedience the houses of the same orders

in his kingdom and dominion be subject, that they do not

at any time hereafter impose, or by any means assess, any

tallages, payments, charges, or other burdens whatsoever,

upon the monasteries, priories, or other religious houses in

subjection to them, as is aforesaid, and that under forfeiture

of all that they have or can forfeit.

As to

custody of

the com-

mon seal of

abbeys.

And further our lord the king has ordained and estab-

lished, that the abbots of the orders Cistercian and

Premonstratensian, and other religious orders, whose seal

has heretofore been used to remain only in the custody of

the abbot, and not of the convent, shall hereafter have

a common seal, and that shall remain in the custody of the

prior of the monastery or house, and four of the most

worthy and discreet men of the convent of the same house,

to be laid up in safe keeping under the privy seal of the

abbot of the same house ; so that the abbot or prior, who

governs the house, shall be able, of himself, to establish

nothing, though heretofore it has been otherwise used.

And if it happen hereafter, that writings of obligations,

donations, purchases, sales, alienations, or of any other con-

tracts, be sealed with any other seal than such common

seal, kept as is aforesaid, they shall be adjudged void and

of no force in law.

xxxiii] HISTORY OF THE ENGLISH CHURCH

95

But it is not the meaning of our lord the king to exclude 1307.

the abbots, priors, and other religious aliens, by the ordin-

ances and statutes aforesaid, from executing their office of alien

visitation in his kingdom and dominion ; but they may visit houses

at their pleasure, by themselves or others, the monasteries their in-

and other places in his kingdom and dominion in subjection feriors in

unto them, according to the duty of their office, in those England in

things only that belong to regular observance, and the discipline,

discipline of their order.

&c.

Provided, that they which shall execute this office of But these

visitation, shall carry, or cause to be carried out of his visitors

kingdom and dominion, none of the goods or things of carry any

such monasteries, priories, and houses, saving only their monastic

reasonable and competent charges.

property

back with

them.

And though the publication and open notice of the ordin-

ances and statutes aforesaid was stayed in suspense for Postpone-

certain causes since the last Parliament, holden at Carlisle publishing

on the octave of St. Hilary, in the five-and-thirtieth year of these ordi-

the reign of the same King Edward, to the intent they might nances.

proceed with greater deliberation and advice ; our lord the

king, after full conference and debate had with his earls,

barons, nobles, and other great men of his kingdom, touch-

ing the premises, by their whole consent and agreement

has ordained and enacted, that the ordinances and statutes

aforesaid, under the manner, form, and conditions afore-

said, from the first day of May next ensuing, shall be To be

inviolably observed for ever, and that the offenders of them observed

shall be punished, as is aforesaid.

from May 1 next.

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DOCUMENTS ILLUSTRATIVE OF THE

XXXIV.

THE ARTICULI CLERI OF A. D. 1316.

Question having arisen with regard to the limits of the relative jurisdictions of the spiritual and temporal courts, the following authoritative answers were given by the king at York, Nov. 24, 10 Edw. II, A. D 1316. This document was considered as a concordat between the Church and State on the questions involved. See Stubbs, Const. Hist. 11. 354.

[Tr. Statutes of the Realm, 1. 171.]

Divers complaints made by the clergy of the English Church, of grievances, whereas of late in the times of our progenitors formerly kings of England, in divers their Parliaments, and likewise after that we had undertaken the governance of our realm, in our Parliaments, many articles containing divers grievances, committed, as was asserted in the same, against the English Church, the prelates and clergy, were propounded by the prelates and clerks of our realm ; and further, great instance was made that convenient remedy might be provided therein : and of late in our Parliament holden at Lincoln, the ninth year of our reign, we caused the articles underwritten, with certain answers made to some of them heretofore, to be rehearsed before our council, and caused certain answers to be corrected ; and to the residue of the articles underwritten, answers were made by us and our council ; of which said articles, with the answers to the same, the tenors here ensue :

First, laymen purchase prohibitions generally upon tithes, obventions, oblations, mortuaries, redemption of penance, violent laying hands on clerk or conversus, and in cases of defamation ; in which cases proceeding is had to enjoin canonical penance.

1. No prohibition shall be granted but where money is

The king answers to this article, that in tithes, oblations, obventions, mortuaries, when they are propounded under these names, the king's prohibition has no place, even if for the long withholding of these

xxxiv] HISTORY OF THE ENGLISH CHURCH 97

they come to a pecuniary settlement of the same. But if 1816. a clerk or a religious man sells his tithes, being gathered in demanded his barn, or otherwise, to any man for money, if the money for tithes. be demanded before a spiritual judge, the prohibition shall lie ; for by the sale the spiritual goods are made temporal, and the tithes turned into chattels.

Also if dispute arise upon the right of tithes, having 2. Of the its origin in the right of patronage, and the quantity of right of tithes com- the same tithes comes to the fourth part of the goods of the ing to the church, the king's prohibition has place, if this cause come fourth part. before a judge spiritual. Also if a prelate enjoin a pecu- niary penance to a man for his offence, and it be demanded, the king's prohibition has place. But if prelates enjoin Enjoining penances corporal, and they which be so punished will corporal or redeem, upon their own accord, such penances by money, pecuniary. if money be demanded before a judge spiritual, the king's prohibition has no place.

Moreover, if any lay violent hands on a clerk, the amends 3. Laying for the peace broken shall be before the king, and for violent excommunication before the prelate, that penance corporal hands upon may be enjoined; which if the offender will redeem of his clerks. own good will, by giving money to the prelate, or to the party grieved, it can be required (repeti) before the prelate, and the king's prohibition shall not lie.

In defamations also, prelates shall correct in the manner 4. Prelates abovesaid, the king's prohibition notwithstanding, first enjoin- may ing a penance corporal, which if the offender will redeem, correct for the prelate may freely receive the money, though the king's defama- prohibition be tendered. tion.

[For the above see also supra, No XXIX]

Also if any erect on his soil a new mill, and afterwards 5. No pro- the parson of the place demands tithe for the same, hibition the king's prohibition issues in this form : 'Quia de molen- where tithe is dino tali hactenus decimae non fuerunt solutae, prohi- demanded

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DOCUMENTS ILLUSTRATIVE OF THE

1316. bemus, &c. et sententiam excommunicationis, si quam hac occasione promulgaveritis revocetis omnino.' The answer :

of a new mill. In such case the king's prohibition never issued by the king's assent, who also decrees that such shall never at any time issue.

6. Where a suit may be commenced both in a spiritual and temporal court.

Also if any cause or matter, the knowledge whereof belongs to a court spiritual, and shall be definitively determined before a spiritual judge, and pass into a judgment, and shall not be suspended by an appeal, and afterwards, if upon the same thing a question is moved before a temporal judge between the same parties, and it be proved by witnesses or instruments, such an exception shall not be admitted in a temporal court. The answer: When the same case is debated before judges spiritual or temporal (as above appears upon the case of laying violent hands on a clerk) they say, that notwithstanding the spiritual judgment, the king's court shall discuss the same matter as the party shall think expedient for himself.

7. The king's letter sent to discharge one excommunicated.

Also the king's letter is directed to ordinaries that have involved those that be in subjection to them in the sentence of excommunication, that they should assoil them by a certain day, or else that they should appear, and show wherefore they have excommunicated them. The answer: The king decrees, that hereafter no such letters shall be suffered to issue, except in case where it is found that the king's liberty is prejudiced by the excommunication.

8. Privilege of the Exchequer.

Also barons of the king's Exchequer—claiming by their privilege that they ought to make answer to no complaint out of the same place—extend the same privilege to clerks abiding there, called to orders or to residence, and inhibit ordinaries that by no means or for any cause, so long as they be in the Exchequer or in the king's service, shall they call them to judgment. The answer: It pleases our lord the king, that such clerks as attend in his service, if they offend, shall be corrected by their ordinaries, like as

Clerks in the king's service shall be corrected by their ordinaries.

xxxiv] HISTORY OF THE ENGLISH CHURCH 99

other ; but so long as they are occupied about the Exche-

quer, they shall not be bound to keep residence in their

Clerks in churches. Here it is thus added anew by the

king's council. The king and his ancestors, time out of mind, have bound to

used that clerks, who are employed in his service, during

residence. such time as they are in service, shall not be compelled to

keep residence at their benefices; and such things as be

thought necessary for the king and the commonwealth,

ought not to be said to be prejudicial to the liberty of

the Church.

Also the king's officers, as sheriffs and others, enter

into the fees of the Church to take distresses, and they

sometimes take the rector's beasts in the king's highway,

where they have nothing but the land belonging to the

Church. The answer : The king's pleasure is, that from

henceforth such distresses shall neither be taken in the

king's highway, nor in the fees wherewith churches in

times past have been endowed; nevertheless he wills that

distresses be taken in possessions newly purchased by

ecclesiastical persons.

Also where some, flying to the church, abjure the land,

according to the custom of the realm, and laymen, or their

enemies, do pursue them, and they are taken from the

realm shall

king's highway, and are hanged or beheaded, and whilst

they be in the church are kept in the churchyard by

armed men, and sometimes in the church, so straitly,

that they cannot depart from the hallowed ground to way,

relieve nature, and are not suffered to have necessaries

brought to them for their living. The answer : They that

abjure the land, so long as they be on the common way,

are in the king's peace, nor ought they to be disturbed by

any man ; and when they be in the church, their keepers

ought not to abide in the churchyard, except necessity or

peril of escape so require it. And so long as they be in

the church, they shall not be compelled to flee away, but

H 2

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DOCUMENTS ILLUSTRATIVE OF THE

1316. they shall have necessaries for their living, and may go forth

to relieve nature. And the king's pleasure is, that robbers

being appellants, whensoever they will, may confess their

offences to priests ; but let the confessors beware lest such

appellants erroneously inform.

11. Reli-

gious houses shall not be charged with pensions, &c.

Also it is prayed that our lord the king, and the great

men of the realm, do not charge religious houses, or spiritual

persons, for corrodies, pensions, or provisions in religious

houses, and other places of the Church, or with taking up

horses [and] carts, whereby such houses are impoverished,

and God's service is diminished, and, by reason of such

charges, priests and other ministers of the Church, deputed

to divine service, are oftentimes compelled to depart from

the places aforesaid. The answer : The king's pleasure upon

the contents in the petition is that from henceforth they

shall not be unduly charged. And if the contrary be done

by great men or others, they shall have remedy after the

form of the statutes made in the time of King Edward,

father to the king that now is. And like remedy shall be

made for corrodies and pensions extracted by compulsion,

whereof no mention is made in the statutes.

12 Ten-

ants in chief, if excommunicated, are not privileged.

Also if any persons of the king's tenure be called before

their ordinaries out of the parish where they continue, and

they be excommunicated for their manifest contumacy, and

after forty days a writ goes forth to take them, they pretend

their privilege that they ought not to be cited out of the town

and parish where their dwelling is, and so the king's writ for

taking the same is denied. The answer : It was never yet

denied, nor shall be hereafter.

13. The examination of a clerk belongs to a spiritual judge.

Also it is prayed that spiritual persons—whom our lord

the king presents to benefices of the Church, if the bishop

will not admit them, either for lack of learning or for other

cause reasonable—may not be under the examination of

lay persons in the cases aforesaid, as it is at this time, in

fact, attempted, contrary to the decrees canonical ; but that

xxxiv] HISTORY OF THE ENGLISH CHURCH 101

they may sue for remedy to the spiritual judge, to whom of right it belongs. The answer: Of the ability of a parson presented to a benefice of the Church, the examination belongs to a spiritual judge; and so it has been used heretofore, and shall be hereafter.

Also if any dignity be vacant where election is to be made, it is prayed that the electors may freely make their election without fear of any temporal power, and that all prayers and oppressions shall in this behalf cease. The answer: They shall be freely made according to the form of statutes and ordinances.

Also, though a clerk ought not to be judged before a temporal judge, nor anything done against him that concerns life or member; nevertheless temporal judges for felony cause clerks fleeing to the church, and peradventure confessing their offences, to abjure the realm, and for the same cause admit their abjurations, although hereupon they cannot be their judges, and so power is wrongfully [indirecte] given to lay persons to put to death such clerks, if they chance to be found within the realm after their abjuration. The prelates and clergy desire such remedy to be provided herein, that the immunity or privilege of the Church and spiritual persons may be saved and unbroken. The answer: A clerk fleeing to the church for felony, to obtain the privilege of the Church, if he affirm himself to be a clerk, shall not be compelled to abjure the realm; but yielding himself to the law of the realm, shall enjoy the privilege of the Church, according to the laudable custom of the realm heretofore used.

Also notwithstanding that a confession made before him that is not lawful judge thereof, is not sufficient whereon the process may be awarded, or sentence given; yet some temporal judges with respect to clerks—who in this behalf are not of their jurisdiction—confessing before them their heinous offences, such as thefts, robberies, or murders, do

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DOCUMENTS ILLUSTRATIVE OF THE

admit them to an accusation against others, which such

denied to a judges call an appeal [appellum], and do not, after the

clerk that premises, deliver them, so confessing, accusıng, or making

has con- appeal, to their prelates, although they [the judges] be

fessed sufficiently required therein ; albeit they cannot be judged

felony. or condemned before them by their own confession without

breaking the Church's privilege. The answer : The privilege

of the Church shall not be denied to one appealing, when

summoned in due form, as a clerk, by his ordinary.

We—desiring to provide for the state of the English

Church, and for the tranquillity and quiet of the prelates

and clergy aforesaid, so far as we may lawfully do, to the

honour of God, and emendation of the Church, prelates,

and clergy of the same, ratifying, confirming, and approving

all and every of the articles aforesaid, with all and every of

the answers made and contained in the same—do grant

and command them to be kept firmly, and observed for

ever ; willing and granting for us and our heirs, that the

aforesaid prelates and clergy, and their successors, shall

use, execute, and practise for ever the jurisdiction of the

Church in the premises after the tenor of the answers

aforesaid, without let, molestation, or vexation of us or of

our heirs, or of any of our officers whosoever they be.

Witness the king at York, the 24th day of November, in the

tenth year of the reign of King Edward, the son of King

Edward.

By the king himself and the Council.

[The first Statute of Provisors was passed in 1351; as it is re-

cited in the second statute, unde post, No. XXXIX, it is not printed

here.]

xxxv] HISTORY OF THE ENGLISH CHURCH

103

XXXV.

THE FIRST STATUTE OF PRÆMUNIRE,

A.D. 1353.

27 EDWARD III, STAT. 1.

The enactment of a Statute of Provisors in 1351 (vide ante, p. 102, note) logically necessitated a Statute of Præmunire; this latter aimed at preventing encroachment upon, or usurpation of, jurisdiction, just as the former aimed at defending patronage. Præmunire makes it treason to appeal to the pope against the king A second Act of Praemunire was passed in 1393 (vide post, No XL].

[Tr. Statutes of the Realm, i 329.]

Our lord the king, by the assent and prayer of the great men, and the commons of his realm of England, at his great council holden at Westminster, on Monday next after the feast of St. Matthew the apostle, the twenty-seventh year of his reign of England, and of France the fourteenth, in amendment of his said realm, and maintenance of the laws and usages, has ordained and established these things under written :

First, because it is shown to our lord the king, by the Complaint grievous and clamorous complaints of the great men and commons aforesaid, how that divers of the people be, and have been drawn out of the realm to answer for things, realm to whereof the cognizance pertains to the king's court ; and answer also that the judgments given in the same court be im- cognizable peached in another court, in prejudice and disherison of in the king's our lord the king, and of his crown, and of all the people courts, of his said realm, and to the undoing and destruction of the and that common law of the same realm at all times used.

Whereupon, good deliberation being had with the great are else- men and others of his said council, it is assented and where im- peached.

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[xxxv

accorded by our lord the king, and the great men and

Those so

commons aforesaid, that all the people of the king's alle-

calling out

giance, of whatsoever condition they be, which shall draw any

of the

out of the realm in plea, whereof the cognizance pertains to

realm, or

the king's court, or of things whereof judgments be given in

impeach-

the king's court, or which do sue in any other court, to defeat

ing, to

or impeach the judgments given in the king's court, shall

answer

have a day, within the space of two months, by warning to

before the

be made to them in the place where the possessions be,

king in

which are in debate, or otherwise where they have lands or

council.

other possessions, by the sheriffs or other the king's minis-

ters, to appear before the king and his council, or in his

Penalty

chancery, or before the king's justices in his places of the

for default.

one bench or the other, or before other the king's justices

which to the same shall be deputed, to answer in their

proper persons to the king, of the contempt done in this

behalf.

And if they come not at the said day in their proper

persons to be at the law, they, their procurators, attorneys,

executors, notaries, and maintainers, shall from that day

forth be put out of the king's protection, and their lands,

goods, and chattels forfeited to the king, and their bodies,

wheresoever they may be found, shall be taken and im-

Appearance within

prisoned, and ransomed at the king's will : And upon the

two months

same a writ shall be made to take them, by their bodies,

will save

king's hands ; and if it be returned that they be not found,

outlawry.

they shall be put in exigent, and outlawed.

Appearance of the

Provided always, that at what time they come before they

offender

be outlawed, and will yield themselves to the king's prison

after two

court shall award in this behalf, that they shall be thereto

months

received ; the forfeiture of lands, goods, and chattels abiding

will save

in force, if they do not yield themselves within the said two

his out-

months, as is aforesaid.

lawry, but

not his

lands or

goods.

xxxvi] HISTORY OF THE ENGLISH CHURCH

105

XXXVI.

LETTER OF POPE GREGORY XI TO ARCH-BISHOP SUDBURY, AND THE BISHOP OF LONDON, DIRECTING PROCEEDINGS AGAINST WYCLIFFE, A.D. 1377.

This letter represents one of five papal Bulls signed by Gregory XI on May 22, 1377, against Wycliffe, and appears to contain the essence of the whole number. Another of the series cites this one, and directs that if Wycliffe cannot be arrested, a public writ should be posted at Oxford and elsewhere, summoning him to appear at Rome within three months to answer for the propositions objected to, and to receive sentence. A third letter directs them to warn the king (Edward), his sons, the queen, and all the nobles and counsellors of the king, of the enormity and political danger of Wycliffe's tenets, and to require them to lend all help to prevent these errors from proceeding farther.

[Tr. Sudbury's Register, f. 45 b; cf. Wilkins, iii. 116]

Gregory, bishop, servant of the servants of God, to our England, venerable brethren the Archbishop of Canterbury and the Bishop of London, greeting and apostolic blessing. The faith, holy realm of England, so glorious for its power, and the abundance of its resources, but more glorious for the piety of influence, faith, and radiant for its renown in the sacred page, was wont to produce men gifted with the true knowledge of the Holy Scriptures, of profound ripeness, famous for their devotion, champions of the orthodox faith, who used to instruct not only their own but other peoples in the truest lessons, directing them into the path of the Lord's commandments ; and as we infer from the result of the events of old, the prelates of the said kingdom set on the watchtower of their solicitude, undertaking their own watch with earnest care, did not suffer any error to arise that might infect their sheep, but if tares did spring up from the sowing of the Enemy of

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DOCUMENTS ILLUSTRATIVE OF THE

man, they forthwith plucked them up, and so the pure grain grew continually, meet to be stored in the Lord's garner.

has now sadly changed, and her prelates fail to defend the faith,

But alas it now is clear that in this selfsame realm, watchful by office but careless through negligence, they do not compass the city, whilst enemies enter into it to prey on the most precious treasure of men's souls; whose sly entries and open attacks are noted in Rome, though at a distance so far removed, before resistance is made to them in England.

especially against the errors of Wychffe.

We have heard forsooth with much grief by the intimation of many credible persons that John Wychiffe, rector of the church of Lutterworth in the diocese of Lincoln, professor of the sacred page—would he were not a master of errors !—is said to have rashly broken forth into such detestable madness that he does not fear to assert, profess, and publicly proclaim in the aforesaid realm, certain propositions and conclusions, erroneous and false, and discordant with the faith, which endeavour to subvert and weaken the stability of the entire Church (and of which some, albeit with certain change of terms, appear to breathe the perverse opinions and the unlearned doctrine of Marsilius of Padua and John of Jandun, of condemned memory, whose book was reprobated and condemned by Pope John XXII of happy memory, our predecessor) malevolently infecting with them some of the faithful in Christ, and causing them to swerve from the Catholic faith, without which is no salvation.

These errors he has imbibed from abroad, and they are disastrous,

Now for these errors so started, they not having been extirpated, or at all events no opposition which we know of having been offered, but your eyes conniving at their propagation or toleration, you and some of the prelates of England, when you ought to be pillars of the Church and vigilant defenders of the said faith, for that you pass them by so negligently with a certain connivance, ought to be covered with due shame, to be full of compunction, and to feel the sting of your own consciences. Wherefore we—being un-

and ought to be checked by the careless bishops.

xxxvi] HISTORY OF THE ENGLISH CHURCH 107

willing, as in duty bound, that an evil so pernicious (which

unless cut off, or pulled up by the roots, might, which God

forbid, insinuate itself into the souls of very many to their

destruction by its fatal poison) should proceed under cover of

dissimulation—commission and command you, our brethren,

by apostolic writings, that, after receiving the presents, you, or

one of you, shall secretly inform yourselves of the assertion

of the said propositions and conclusions, a copy of which we

send you enclosed under our Bull ; and if you find it so to

be, you shall endeavour to have the aforesaid John arrested

Wycliffe by our authority, and committed to prison, and receive is to be

his confession touching the same propositions or conclusions. And that confession, and whatsoever the said John arrested,

shall state or write upon the allegation and proof of the Rome,

same propositions and conclusions, and everything you do

in the premises, you shall close up under your own seals

and disclose to none, and send to us by a trusty messenger.

And you shall keep the said John in prison [vinculis] under

safe custody until you receive further commands from us

in this matter, restraining all gainsayers by ecclesiastical

censure without appeal ; and for this, calling in, if need be,

the help of the secular arm : notwithstanding the Bull of

Boniface VIII, our predecessor, of happy memory, wherein

it is provided ‘that no one be summoned to judgment

outside his city or diocese, save in ce,'ain special cases,

and in those not beyond one day’s journey from the limit and is to be

of his diocese,’ or ‘that no judges delegated from the detained,

Apostolic See presume to summon any persons beyond tion not-

one day’s journey from the limit of their diocese,’ and withstanding-

concerning two days’ journey, in a general council, and ever

exemptions, and other privileges, constitutions, and apos-

tolic letters to the Preachers, the Minorites, the Hermits

of St. Augustine, and of St. Mary of Mount Carmel, and to

any others of the Mendicants, or to any other orders and

places, or to special persons, or to any chapters and convents

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DOCUMENTS ILLUSTRATIVE OF THE

[xxxvi

1377. of the same, general or special, of whatsoever tenors they may be, and also the statutes and customs of the same orders and places to the contrary–whereby the effect of the presents should in any wise be hindered or postponed, even if full and express mention ought to be made in our letters of them and their entire tenors and word by word; or if to the aforesaid John, or to any others, in common or individually, indulgence has been granted by the said see, that they cannot be personally arrested or interdicted or suspended or excommunicated by apostolic letters not making full and express mention and word for word of such indulgence.

Given at Rome, in Sta. Maria Maggiore, the 11th [before] kalends of June [the 22nd day of May], in the seventh year of our Pontificate.

XXXVII.

WYCLIFFE PROPOSITIONS CONDEMNED AT LONDON, A.D. 1382.

1332. The following propositions were drawn up under the direction of Archbishop Courtney, and condemned by the Convocation of Canterbury in a session held at Blackfriars, in May, 1382, after they had been submitted to the examination of certain doctors and bachelors of civil and canon law. They occur in Fasc. Ziz. 277-282 (Rolls Series).

[Tr. Rolls Series, l c, printed from Courtney's Register.]

Heretical conclusions repugnant to the Church's determination.

1-6 Here- 1. That in the Sacrament of the altar the material substance of bread and wine remains after consecration. 2. siesalleged That accidents remain not without a subject in the same concerning the Mass. sacrament. 3. That Christ is not in the Sacrament of the altar essentially, truly, and really, in His own corporal presence. 4. That if bishop or priest be in mortal sin he

xxxvii] HISTORY OF THE ENGLISH CHURCH 109

cannot ordain, consecrate, or baptize. 5. That if a man 1382.

be properly repentant all outward confession is superfluous

or useless for him. 6. To affirm constantly that it was not

set down in the Gospel that Christ ordained the Mass. 7. 7-12.

That God ought to obey the Devil. 8. That if the pope be Heresies

an abandoned or evil man, and so a member of the Devil, concerning

he has not power over the faithful of Christ granted him by the pope,

any, save perhaps by Caesar. 9. That after Urban VI no

one is to be regarded as pope, but we must live like the

Greeks under our own laws. 10. To assert that it is con-

trary to Holy Scripture that ecclesiastical men should have

temporal possessions.

Erroneous conclusions repugnant to the Church's

determination.

11. That no prelate ought to excommunicate any unless 11-14.

he first knows that he is excommunicated by God. 12. That Errors

if he excommunicates he is thereby a heretic or excommu- alleged

nicate. 13. That a prelate excommunicating a clerk who concerning

has appealed to the king and the council of the realm is

thereby a traitor to God, king, and realm. 14. That those

who cease to preach or hear the word of God or the Gospel

preached on account of the excommunication of men are

excommunicate, and on the day of judgment will be held

traitors to God. 15. To assert that it is lawful to any deacon 15-18.

or priest to preach the word of God without the authority Errors

of the Apostolic See, or a catholic bishop, or some other to juris-

[authority] sufficiently sure. 16. To assert that no one is diction,

civil lord, bishop, or prelate while he is in mortal sin. 17. That temporal lords can at their will take away tem-

poral goods from ecclesiastics habitually sinful, or that the of eccles-

public may at their will correct sinful lords. 18. That tithes astics.

are pure alms, and that parishioners can withhold them for

the sins of their curates, and confer them at pleasure on

others. 19. That special prayers restricted to one person

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DOCUMENTS ILLUSTRATIVE OF THE [xxxvii

1882. by prelates or religious do no more avail the same person,

19-24. other things being equal, than general prayers. 20. That

Errors alleged about private religion, endowments, and friars.

the very fact of a man entering any private religion makes him more foolish and unfit for performing God's command-

ment. 21. That holy men endowing private religions, as well of possessioners as of mendicants, have sinned in so

endowing. 22. That the religious living in private religions are not of the Christian religion. 23. That friars are bound

to get their living by the labour of their hands and not by mendicancy. 24. That he who gives alms to friars or

a preaching friar is excommunicate, and he who takes them.

[N.B. Archbishop Courtney's Register proceeds to give a very long process against heretics, addressed to the Bishop of London; cf. Wilkins, iii. 158-165.]

XXXVIII.

LETTERS PATENT AGAINST THE LOLLARDS,

A. D. 1384.

1884 Letters patent against the Lollards were, at the request of Arch-

bishop Courtney, issued by the king in July, 1382, which letters applied to the province of Canterbury. The archbishop followed this

up with a private letter to his suffragans In December, 1384, the letters patent were confirmed and extended to the province of York

in the form given below.

[Tr. Pat. Roll, 8 Rich. II, pt. i. m. 7 ]

The king to all to whom, &c., greeting. Know ye that whereas lately the venerable Father William, archbishop of

Concerning the arrest of certain persons preaching against the Catholic Church.

Canterbury, primate of all England, informed us by his petition, exhibited to us, that very many conclusions contrary to sacred doctrine, and notoriously redounding to the subversion of the Catholic faith and the Holy Church and his province, in divers places within the province aforesaid,

xxxviii] HISTORY OF THE ENGLISH CHURCH III

have been openly and publicly, yet damnably, preached, of which conclusions some were by sentence, and wholesomely, declared [and] condemned as heresies, but others as errors, by the Church, good and mature deliberation being first had thereon by the common counsel of the archbishop himself, and of very many of his suffragans, doctors of theology, and other clerks learned in the Holy Scriptures. Whereupon we—supplication being made to us by the same archbishop, that we would deign to stretch forth the arm of our royal power for the due restraint and punishment of those who with an obstinate mind should henceforth wish to preach or maintain the conclusions aforesaid—being moved by zeal for the Catholic faith, of which we are and wish to be defenders in all things as we are bound, being unwilling in any wise to tolerate such heresies or errors springing up, have within the limit of our power granted authority and licence by our letters patent to the archbishop aforesaid and his suffragans, to arrest all and singular those who should wish secretly or openly to preach or maintain the aforesaid conclusions so condemned, wherever they may be found, and commit them, at pleasure, to their own prisons or [to the prisons] of others, to be kept in the same until they repent of the wickedness of their errors and heresies, or [until] it be otherwise provided, concerning such arrested persons by us or our counsel. We now, from zeal for the same faith, willing to provide for the restraint and due punishment of all those who would perchance preach or maintain henceforth the aforesaid conclusions or any others whatsoever containing heresy or error within the province of York, do grant and commit like authority and licence to the venerable Father Alexander, archbishop of York, and each of his suffragans throughout their dioceses, by the tenor of the presents, specially commanding thereupon and enjoining all and singular our liege ministers and subjects, of whatsoever estate or condition they may be, who are held

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1884. to us by faith and allegiance, that they do not favour,

counsel, or aid in any manner the maintainers or preachers

of such conclusions so condemned, or or their households,

under forfeiture of all things which can be forfeited in that

event, but obey, be obedient to, and intendant upon the

aforenamed Archbishop of York and his suffragans and

ministers in the execution of the presents; so that, without

disturbance, due and open publication may be made against

such conclusions and their maintainers, in order that the

defence of the Catholic faith may be better established.

In witness whereof &c. Witness the king at Westminster

on the 8th of December.

XXXIX.

THE SECOND STATUTE OF PROVISORS,

A. D. 1390.

13 Richard II, stat. 2.

1390. The injustice of provision had been admitted as early as the days

of Grosseteste (A. D. 1247), who procured an admission from Pope

Innocent IV. A remonstrance against the practice is heard of in the

year 1343 (Walsingham, i. 254–258). In 1351 a statute was made

forbidding the practice. In 1390 the following Act was passed,

which recites, in full, the statute of 1351, and contains additional

safeguards against provision. In 1391, a proposal, supported by the

king and the Duke of Lancaster, to repeal this statute was rejected

by Parliament (Stubbs, Const. Hist. ii. 506; iii. 324).

[Tr. Statutes of the Realm, ii. 69.]

Effect of Item, whereas the noble King Edward, grandfather of

the Statute our lord the king that now is, at his Parliament holden at

of Provi- Westminster on the Octave of the Purification of our Lady,

sors of 25 the five-and-twentieth year of his reign, caused to be re-

Edw III. heared the statute made at Carlisle in the time of King

Edward, son of King Henry, touching the estate of the

xxxix] HISTORY OF THE ENGLISH CHURCH 113

Holy Church of England ; the said grandfather of the king that now is, by the assent of the great men of his realm, being in the same Parliament, holden the said five-and-twentieth year, to the honour of God and of Holy Church, and of all his realm, did ordain and establish, that the free elections to archbishoprics, bishoprics, and all other dignities and benefices elective in England, should hold from thenceforth in the manner as they were granted by his progenitors, and by the ancestors of other lords, founders ; and that all prelates and other people of Holy Church, which had advowsons of any benefices of the gift of the king, or of his progenitors, or of other lords and donors, should freely have their collations and presentments ; and thereupon a certain punishment was ordained in the same statute for those who accept any benefice or dignity contrary to the said statute made at Westminster the said twenty-fifth year, as is aforesaid ; which statute our lord the king has caused to be recited in this present Parliament at the request of his Commons in the same Parliament, the tenor whereof is such as hereafter follows :

Whereas of late in the Parliament of Edward of good memory, king of England, grandfather of our lord the king that now is, in the twenty-fifth year of his reign, holden at Carlisle, the petition heard, put before the said grandfather and his council in the said Parliament by the commonalty of the said realm, containing: That whereas the Holy Church of England was founded [founde] in the estate of prelacy, within the realm of England, by the said grandfather and his progenitors, and the earls, barons, and other nobles of his said realm, and their ancestors, to inform them and the people of the law of God, and to make hospitalities, alms, and other works of charity, in the places where the churches were founded [fond'uz, foundes], for the souls of the founders, their heirs, and all Christians ; and certain possessions, as well in fees, lands, rents, as in advowsons, which extend to foundations.

I

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DOCUMENTS ILLUSTRATIVE OF THE

1390. a great value, were assigned by the said founders [foundors] to the prelates and other people of the Holy Church of the

Voidances and pre- sentments to bene- fices.

said realm, to sustain the same charge, and especially of the possessions which were assigned to archbishops, bishops, ab- bots, priors, religious, and all other people of Holy Church, by the kings of the said realm, earls, barons, and other great men of his realm ; the same kings, earls, barons, and other nobles, as lords and advowees, have had and ought to have the custody of such voidances, and the presentments and the collations of the benefices being of such prelacies.

The Pope bestows English benefices on aliens

And the said kings in times past were wont to have the greatest part of their council, for the safeguard of the realm, when they had need, of such prelates and clerks so advanced ; the pope of Rome, accroaching [accrochant] to him the signories of such possessions and benefices, does give and grant the same benefices to aliens, who never dwelt in England, and to cardinals, who could not dwell here, and to others as well aliens as denizens, as if he had been patron or advowe of the said dignities and benefices, as he was

Inconveni- ences en- suing.

not of right by the law of England ; whereby if these should be suffered, there would scarcely be any benefice within a short time in the said realm, but that it should be in the hands of aliens and denizens by virtue of such provisions, against the good will and disposition of the founders of the same benefices ; and so the elections of archbishops, bishops, and other religious should fail, and the alms, hospitalities, and other works of charity, which should be done in the said places, should be withdrawn, the said grandfather, and other lay-patrons, in the time of such voidances, should lose their presentments, the said council should perish, and goods without number should be carried out of the realm, to the annulling of the estate of the Holy Church of England, and disherison of the said grandfather, and the earls, barons, and other nobles of the said realm, and in offence and destruction of the laws and rights of his realm, and to the

xxxix] HISTORY OF THE ENGLISH CHURCH

115

great damage of his people, and in subversion of all the

estate of all his said realm, and against the good disposition

and will of the first founders, by the assent of the earls,

barons, and other nobles, and of all the said commonalty,

at their instant request, the damage and grievances afore-

said being considered in the said full Parliament, it was

provided, ordained, and established, that the said oppres-

sions, grievances, and damages in the same realm from

henceforth should not be suffered in any manner.

And now it is shown to our lord the king in this present

Parliament holden at Westminster, on the Octave of the

Purification of Our Lady, the five-and-twentieth year of

his reign of England, and the twelfth of France, by the

grievous complaint of all the commons of his realm, that the

grievances and mischiefs aforesaid do daily abound, to the

greater damage and destruction of all the realm of England,

more than ever were before, viz. that now anew our holy

father the pope, by procurement of clerks and otherwise, has

grants reserved, and does daily reserve to his collation generally and

especially, as well archbishoprics, bishoprics, abbeys, and

priories, as all other dignities and other benefices of England, to himself.

Provision

against it

in Parlia-

ment of

35 Edw. I.

which are of the advowson of people of Holy Church, and

gives the same as well to aliens as to denizens, and takes

of all such benefices the first-fruits, and many other profits,

and a great part of the treasure of the said realm is carried

away and dispended out of the realm, by the purchasers of

such graces aforesaid ; and also by such privy reservations,

many clerks, advanced in this realm by their true patrons,

which have peaceably holden their advancements by long

time, are suddenly put out ; whereupon the said Commons

have prayed our said lord the king, that since the right

of the crown of England, and the law of the said realm

is such, that upon the mischiefs and damages which happen

to his realm, he ought, and is bound by his oath, with

the accord of his people in his Parliament thereof, to make

The pope

grants

benefices,

and re-

serves the

first-fruits

12

116

DOCUMENTS ILLUSTRATIVE OF THE [xxxix

1390. remedy and law, for the removing of the mischiefs and damages which thereof ensue, that it may please him to ordain remedy therefor.

The causes Our lord the king, seeing the mischiefs and damages and rea- before mentioned, and having regard to the said statute sons of made in the time of his said grandfather, and to the causes making this pre- contained in the same; which statute holds always its sent sta- force, and was never defeated, repealed, nor annulled in tute. any point, and insomuch as he is bound by his oath to cause the same to be kept as the law of his realm, though that by sufferance and negligence it has been since attempted to the contrary ; also having regard to the grievous complaints made to him by his people in divers his Parliaments holden heretofore, willing to ordain remedy for the great damages and mischiefs which have happened, and daily do happen to the Church of England by the said cause ; by the assent of all the great men and the commonalty of the said realm, to the honour of God, and profit of the said Church of England, and of all his realm, has ordered and established : that the free elections of archbishops, bishops, and all other dignities and benefices elective in England, shall hold from henceforth in the manner as they were granted by the king's progenitors, and the ancestors of other lords, founders.

Elections of the dignities of the Church shall be free, as they were founded.

Collations and pre-sentations shall be free.

And that all prelates and other people of Holy Church, which have advowsons of any benefices of the king's gift, or of any of his progenitors, or of other lords and donors, to do divine service, and other charges thereof ordained, shall have their collations and presentments freely to the same, in the manner as they were enfeoffed by their donors. And Where in case that reservation, collation, or provision be made by the pope pro- the court of Rome, to any archbishəpric, bishopric, dig- vides the nity, or other benefice, in disturbance of the free elections, king shall collations, or presentations aforenamed, that, at the same present. time of the voidance, as such reservations, collations, and

xxxix] HISTORY OF THE ENGLISH CHURCH

117

provisions ought to take effect, our lord the king and his

heirs shall have and enjoy, for the same time, the collations

to the archbishoprics, bishoprics, and other dignities elec-

tive, which be of his advowson, such as his progenitors

had before that free election was granted ; seeing that the

election was first granted by the king's progenitors upon

a certain form and condition, as to demand licence of the

king to choose, and after the election to have his royal

assent, and not in other manner. Which conditions not

being kept, the thing ought by reason to resort to its first

nature.

And if any such reservation, provision, or collation be

made of any house of religion of the king's advowson, in

disturbance of free election, our sovereign lord the king,

and his heirs, shall have, for that time, the collation to give

this dignity to a convenient person. And in case that colla-

tion, reservation, or provision be made by the court of

Rome to any church, prebend, or other benefice, which is

of the advowson of people of Holy Church, whereof the king

is advowee paramount immediate, that at the same time

of the voidance, at which time the collation, reservation, or

provision ought to take effect as is aforesaid, the king and

his heirs shall thereof have the presentation or collation

for that time—and so from time to time, whensoever such

people of Holy Church shall be disturbed of their present-

ments or collations by such reservations, collations, or pro-

visions, as is aforesaid. Saying to them the right of their

advowsons and their presentments, when no collation or

provision by the Court of Rome is made thereof, or where

there is no

that the said people of Holy Church shall or will, to the

or when

same benefices, present or make collation ; and that their

the parties

presentees may enjoy the effect of their collations or present-

ments. And in the same manner every other lord, of what

condition he be, shall have the collations or presentments

to the houses of religion which are of his advowson, and

1390

of provi-

sion to religious

houses or

to bene-

fices of the

clergy.

themselves

present.

118

DOCUMENTS ILLUSTRATIVE OF THE

other benefices of Holy Church which pertain to the

Presentation by

same houses. And if such advowees do not present to

king in default of

patrons.

such benefices within the half-year after such voidances,

nor the bishop of the place give the same by lapse of

time within a month after half a year, that then the king

shall have thereof the presentments and collations, as he

has of others of his own advowson demesne.

Penalty for disturbance by

And in case that the presentees of the king-or the

provisors.

presentees of other patrons of Holy Church, or of their

advowees, or they to whom the king, or such patrons or

advowees aforesaid, have given benefices pertaining to their

presentments or collations-be disturbed by such provisors,

so that they may not have possession of such benefices by

virtue of the presentments or collations to them made, or

that they which are in possession of such benefices be impeached upon their said possessions by such provisors,

then the said provisors, their procurators, executors, and

notaries, shall be attached by their bodies, and brought in to

answer ; and if they be convicted, they shall abide in prison

Imprisonment on conviction.

till they have made fine and ransom to the king at his will,

and satisfaction to the party that shall feel himself grieved.

Surety against further attempts.

And nevertheless before that they be delivered, they shall

make full renunciation, and find sufficient surety that they

will not attempt such things in time to come, nor sue any

process by themselves, nor by others, against any man in

the said court of Rome, nor in any part elsewhere, for any

such imprisonments or renunciations, nor any other thing

depending of them. And in case that such provisors,

Outlawry

procurators, executors, or notaries be not found, that the

exigent shall run against them by due process, and that

writs shall go forth to take their bodies wherever they

be found, as well at the king's suit, as at the suit of

the party.

The king shall take

And that in the meantime the king shall have the profits

xxxix] HISTORY OF THE ENGLISH CHURCH 119

of such benefices so occupied by such provisors, except 1390. abbeys, priories, and other houses, which have colleges or the profits convents, and in such houses the colleges or convents shall mean-while have the profits ; saving always to our lord the king, and to all other lords, their old right.

And this statute shall hold good as well as to reservations, Date at collations, and provisions made and granted in times past which the statute 25 against all them which have not yet obtained corporal Edw. III, possession of the benefices granted to them by the same here re-servations, collations, and provisions, as against all others to come-in time to come. And this statute ought to hold place and mence. to begin at the said octave.

Our lord the king that now is, with the assent of the great For all men of his realm, being in this present Parliament, has or- void after dained and established, that for all archbishoprics, bishop- 29 Jan. rics, and other dignities and benefices elective, and all other the said benefices of Holy Church, which began to be void in deed statute the twenty-ninth day of January, the thirteenth year of the shall be put reign of our lord King Richard that now is, or after, or in execu-tion. which shall be void in time to come within the realm of England, the said statute, made the said twenty-fifth year, shall be firmly held for ever, and put in due execution from time to time in all manner of points. And if any do Banish-ment accept a benefice of Holy Church contrary to this statute, those who and that duly proved, and be beyond the sea, he shall abide accept exiled and banished out of the realm for ever, and his lands benefices and tenements, goods and chattels shall be forfeited to the to this king; and if he be within the realm, he shall be also exiled statute. and banished, as is aforesaid, and shall incur the same for-feiture, and take his way, so that he be out of the realm within six weeks next after such acceptation. And if any The punishment of the sea, or being within the realm after the said six weeks, having receivers, knowledge thereof, he shall be also exiled and banished, procurators, &c., of and incur such forfeiture as is aforesaid. And that their offenders.

120

DOCUMENTS ILLUSTRATIVE OF THE

procurators, notaries, executors, and summoners have the pain and forfeiture aforesaid.

Saving of beneficed persons, to whom the pope has given dignities of the Church.

Provided nevertheless, that all they for whom the pope, or his predecessors, have provided any archbishopric, bishopric, or other dignity, or other benefices of Holy Church, of the patronage of people of Holy Church, in respect of any voidance before the said twenty-ninth day of January, and thereof were in actual possession before the same twenty-ninth day, shall have and enjoy the said archbishoprics, bishoprics, dignities, and other benefices peaceably for their lives, notwithstanding the statutes and ordinances aforesaid.

The penalty of suing at Rome to infringe the purport of this statute.

And if the king send by letter, or in other manner, to the court of Rome, at the entreaty of any person, or if any other send or sue to the same court, whereby anything is done contrary to this statute, touching any archbishopric, bishopric, dignity, or other benefice of Holy Church within the said realm, if he that makes such motion or suit be a prelate of Holy Church, he shall pay to the king the value of his temporalities for one year; and if he be a temporal lord, he shall pay to the king the value of his lands and possessions not moveable for one year; and if he be another person of a more mean estate, he shall pay to the king the value of the benefice for which suit is made, and shall be imprisoned for one year.

Saving as to benefices void, but collated, before the day named

And it is the intent of this statute, that of all dignities and benefices of Holy Church, which were void in deed the said twenty-ninth day of January, which are given, or to which it is provided by the apostolic [see] before the same twenty-ninth day, that they to whom such gifts or provisions be made, may freely, of such gifts and provisions, sue execution without offence of this statute. Provided always, that of no dignity or benefice which was full the said twenty-ninth day of January, shall any man, because of any collation, gift, reservation, and provision, or other grace of the apostolic [see], not executed before the said twenty-ninth

xxxix] HISTORY OF THE ENGLISH CHURCH 121

day, sue thereof execution, upon the pains and forfeitures 1390.

contained in this present statute.

Also, it is ordained and established, that if any man Penalty for

bring or send within the realm, or the king's power, any bringing

summons, sentences, or excommunications, against any sentence,

person, of what condition soever he be, for the cause of &c,against

making motion, assent, or execution of the said Statute of upon the

Provisors, he shall be taken, arrested, and put in prison, and Statute of

forfeit all his lands and tenements, goods and chattels for Provisors.

ever, and incur the pain of life and of member. And if any The

prelate make execution of such summons, sentences, or penalty of

excommunications, that his temporalities be taken and abide executing

in the king's hands, till due redress and correction be there- the sen-

of made. And if any person of less estate than a prelate, tence, &c.

of what condition soever he be, make such execution, he shall

be taken, arrested, and put in prison, and have imprison-

ment, and make fine and ransom at the discretion of the

council of our said lord the king.

[The King's Writ directing proclamation of the Statute.]

The King to the Sheriff of Kent, greeting. We command

you, firmly enjoining, that without delay you cause to be read

and on our behalf publicly proclaimed and to be firmly

kept and observed according to the form of the statutes

and ordinances aforesaid, certain statutes and ordinances

by us, with the assent of the nobles and commonalty of

our realm of England, made in our last Parliament holden

at Westminster, which we send you under our great seal

in open form, within your county, in places where it may

be most expedient. And this under instant peril you shall

in no wise omit. Witness the king at Westminster the

fifteenth day of May. The like writs were directed to the

several sheriffs throughout England.

122

DOCUMENTS ILLUSTRATIVE OF THE

XL.

THE SECOND STATUTE OF PRÆMUNIRE,

A. D. 1393.

16 RICHARD II, CAP. 5.

1393. After the first Act of Præmunire of 1353 (ante, No. XXXV),

an Act was passed, in 1365, confirming the Statute of Provisors (ante,

p 102, note), bringing suitors in the papal courts within the Act of

Præmunire. The following Act, passed in 1393, amplified the previous

Act of Præmunire

[Tr. Statutes of the Realm, ii 84.]

The Com- mons peti- tion that presenta- tions lies in king's court.

Item, whereas the Commons of the realm in this present

Parliament have showed to our redoubtable lord the king,

recovery of grievously complaining, that whereas the said our lord the

king, and all his liege people, ought of right, and of old

time were wont, to sue in the king's court, to recover their

presentments to churches, prebends, and other benefices of

Holy Church, to the which they had right to present, the

cognizance of plea, of which presentment belongs only to

the king's court of the old right of his crown, used and

approved in the time of all his progenitors kings of Eng-

land ; and when judgment shall be given in the same court

On judg- ment there given, spiritual persons must make institution conform- ably there- to

upon such a plea and presentment, the archbishops, bishops,

and other spiritual persons which have institution to such

benefice within their jurisdiction, are bound, and have

made execution of such judgments by the king's command-

ment by all the time aforesaid without interiuption (for

another lay person cannot make such execution), and also

Spiritual persons must execute

are bound of right to make execution of many other of the

king's commandments, of which right the crown of England

has been peaceably seized, as well in the time of our said

xl] HISTORY OF THE ENGLISH CHURCH

123

lord the king that now is, as in the time of all his progenitors till this day :

But now of late divers processes are made by the holy father the pope, and censures of excommunication upon certain bishops of England, because they have made execution of such commandments, to the open disherison of the said crown and destruction of our said lord the king, his law, and all his realm, if remedy be not provided.

And also it is said, and a common clamour is made, that The pope the said holy father the pope has ordained and purposed to translate some prelates of the same realm, some out of translation the realm, and some from one bishopric to another within the same realm, without the king's assent and knowledge, or without the assent of the prelates, which so shall be translated, which prelates be much profitable and necessary to our said lord the king, and to all his realm ; by which translations, if they should be suffered, the statutes of the realm would be defeated and made void ; and his said liege sages of his council, without his assent, and may leave against his will, carried away and gotten out of his realm, the realm and the substance and treasure of the realm shall be carried council and away, and so the realm be destitute as well of council as of substance, to the final destruction of the same realm ; and the crown of England, which has been so free at all times, that it has been in no earthly subjection, but immediately subject to God in all things touching the royalty of the same crown, and to none other, should be submitted to the pope, and the laws and statutes of the realm by him defeated and avoided at his will, to the perpetual destruction of the sovereignty of our lord the king, his crown, and his royalty, and of all his realm, which God defend.

And moreover, the Commons aforesaid say, that the said The Commons things so attempted are clearly against the king's crown and promise to assist the genitors ; wherefore they and all the liege commons of the

124

DOCUMENTS ILLUSTRATIVE OF THE

same realm will stand with our said lord the king, and his

fence of his said crown and his royalty, in the cases aforesaid, and in

liberties,

all other cases attempted against him, his crown, and his

royalty in all points, to live and to die.

and pray

him to

consult

Parliament

how to

resist such

usurpation.

And moreover they pray the king, and require him by

way of justice, that he would examine all the lords in the

Parliament, as well spiritual as temporal, severally, and all

the estates of the Parliament, how they think of the cases

aforesaid, which be so openly against the king's crown, and

in derogation of his royalty, and how they will stand in the

same cases with our lord the king, in upholding the rights

of the said crown and royalty.

Answer of

the Lords

temporal :

they will

support

the king.

Whereupon the Lords temporal so demanded, have an-

swered every one by himself, that the cases aforesaid are

clearly in derogation of the king's crown, and of his royalty,

as it is well known, and has been for a long time known,

and that they will be with the same crown and royalty in

these cases specially, and in all other cases which shall be

attempted against the same crown and royalty in all points

with all their power.

The Lords

spiritual :

they will

neither

affirm nor

deny the

pope's

power to

excommu-

nicate or

translate.

And moreover it was demanded of the Lords spiritual

there being, and the procurators of others being absent,

to say, the archbishops, bishops, and other prelates—being

in the said Parliament severally examined, making protesta-

tions that it is not their mind to deny nor affirm that our

holy father the pope may not excommunicate bishops, nor

that he may make translation of prelates after the law of Holy

Church—answered and said, that if any executions of pro-

But they

say that

the same is

against the

king's

crown and

dignity.

cesses made in the king's court, as before were made, by any,

bishops of England, or any other of the king's liege people,

for that they have made execution of such commandments ;

and that if any executions of such translations be made of

any prelates of the same realm, which prelates be very

xL] HISTORY OF THE ENGLISH CHURCH

profitable and necessary to our said lord the king, and to

his said realm, or that the sage people of his council, with-

out his assent, and against his will, be removed and carried

out of the realm, so that the substance and treasure of the

realm may be consumed,—that the same is against the king

and his crown, as it is contained in the petition before

named.

And likewise the same procurators, every one by himself

The

examined upon the said matters, have answered and said in

the name of and for their lords, as the said bishops have said

and answered, and that the said Lords spiritual will and

ought to be with the king in these cases in lawfully main-

taining his crown, and in all other cases touching his crown

and his royalty, as they are bound by their allegiance;

Whereupon our said lord the king, by the assent aforesaid, and at the request of his said Commons, has ordained

and established, that if any purchase or pursue, or cause to

persons, any such translations, processes, and sentences of excom-

munication, bulls, instruments, or any other things whatso-

ever, which touch our lord the king, against him, his crown,

and his royalty, or his realm, as is aforesaid, and they which

bring [the same] within the realm, or receive them, or munire.

ever within the same realm or without, that they, their

notaries, procurators, maintainers, abettors, favourers, and

counsellors, shall be put out of the king's protection, and

their lands and tenements, goods and chattels, forfeited to

our lord the king ; and that they be attached by their bodies,

if they may be found, and brought before the king and his

council, there to answer to the cases aforesaid, or that process

be made against them by Præmunire facias, in manner as it

is ordained in other statutes concerning provisors, and others

who sue, in any other court, in derogation of the royalty

of our lord the king

125

proctors of absent prelates

answer for their principals in similar strain.

Therefore enacted that all acting as aforesaid,

be proceeded against by Præmunire.

126

DOCUMENTS ILLUSTRATIVE OF THE

[xli

XLI.

THE LOLLARD CONCLUSIONS, A.D. 1394.

1394. These conclusions are said to have been presented in full parliament by the Lollards in a little book about the year 1394, they are printed in the Fasciculi Zizaniorum, in the Master of the Rolls Series, and Canon Shirley, the editor, after collation of the existing texts of the Conclusions, describes them as in some places unintelligible (Fasc. Ziz. Introd p. lxxix). Foxe has translated them in his Acts and Monuments, iii. 203, from a source not specified.

[Tr. Fasciculi Zizaniorum, Rolls Series, pp 360-369. Cf. Wilkins, iii. 221.]

1 Endow- 1. That when the Church of England began to go mad ments have ruined all after temporalities, like its great step-mother the Roman true virtue Church, and churches were authorized by appropriation in divers places, faith, hope, and charity began to flee from our Church, because pride, with its doleful progeny of mortal sins, claimed this under title of truth. This conclusion is general, and proved by experience, custom, and manner or fashion, as you shall afterwards hear.

2 The 2. That our usual priesthood which began in Rome, priesthood now con- ferred is pretended to be of power more lofty than the angels, is not from Rome and not that priesthood which Christ ordained for His apostles. This conclusion is proved because the Roman priesthood is bestowed with signs, rites, and pontifical blessings, of small virtue, nowhere exemplified in Holy Scripture, because the bishop's ordinal and the New Testament scarcely agree, and we cannot see that the Holy Spirit, by reason of any such signs, confers the gift, for He and all His excellent gifts cannot consist in any one with mortal sin. A corollary to this is that it is a grievous play for wise men to see bishops trifle with the Holy Spirit in the bestowal of orders, because they give the tonsure in outward appearance in the

xli] HISTORY OF THE ENGLISH CHURCH

127

place of white hearts 1 ; and this is the unrestrained intro-

duction of antichrist into the Church to give colour to

idleness.

1895. That the law of continence enjoined to priests, which

3 Celibacy

was first ordained to the prejudice of women, brings sodomy

grievous

into all the Holy Church, but we excuse ourselves by the sin.

Bible because the decree says that we should not mention

it, though suspected. Reason and experience prove this

conclusion : reason, because the good living of ecclesiastics

must have a natural outlet or worse; experience, because

the secret proof of such men is that they find delight in

women, and when thou hast proved such a man mark him

well, because he is one of them. A corollary to this is that

private religions and the originators or beginning of this sin

would be specially worthy of being checked, but God of

His power with regard to secret sin sends open vengeance

in His Church.

4. That the pretended miracle of the sacrament of bread

4 The pre-

drives all men, but a few, to idolatry, because they think that

tended

the Body of Christ which is never away from heaven could

miracle of

the Mass

by power of the priest's word be enclosed essentially in

produces

idolatry.

a little bread which they show the people ; but God grant

that they might be willing to believe what the evangelical

doctor says in his Trialogus (iv. 7), that the bread of the

altar is habitually the Body of Christ, for we take it that in

this way any faithful man and woman can by God's law

perform the sacrament of that bread without any such

miracle. A final corollary is that although the Body of

Christ has been granted eternal joy, the service of Corpus

Christi, instituted by Brother Thomas [Aquinas], is not true

but is fictitious 2 and full of false miracles. It is no

wonder ; because Brother Thomas, at that time holding

with the pope, would have been willing to perform a miracle

1 The Latin runs 'loco alborum cervorum' = harts.

2 'pictum,' qy. 'fictum', but the clause is corrupt.

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DOCUMENTS ILLUSTRATIVE OF THE

1394. with a hen's egg ; and we know well that any falsehood openly preached turns to the disgrace of Him who is always true and without any defect.

5 Exor- cism and benedic- tion of material things is mere jugglery.

5. That exorcisms and blessings performed over wine, bread, water and oil, salt, wax, and incense, the stones of the altar, and church walls, over clothing, mitre, cross, and pilgrims' staves, are the genuine performance of necromancy rather than of sacred theology. This conclusion is proved as follows, because by such exorcisms creatures are honoured as being of higher virtue than they are in their own nature, and we do not see any change in any creature which is so exorcized, save by false faith which is the principal characteristic of the Devil's art. A corollary : that if the book of exorcizing holy water, read in church, were entirely trustworthy we think truly that the holy water used in church would be the best medicine for all kinds of illnesses—sores, for instance ; whereas we experience the contrary day by day.

6 No man should hold clerical and lay offices together.

6. That king and bishop in one person, prelate and judge in temporal causes, curate and officer in secular office, puts any kingdom beyond good rule. This conclusion is clearly proved because the temporal and spiritual are two halves of the entire Holy Church. And so he who has applied himself to one should not meddle with the other, for no one can serve two masters. It seems that hermaphrodite or ambidexter would be good names for such men of double estate. A corollary is that we, the procurators of God in this behalf, do petition before Parliament that all curates, as well superior as inferior, be fully excused and should occupy themselves with their own charge and no other.

7. Masses for the dead and houses of alms are on a wrong foundation.

8. That special prayers for the souls of the dead offered in our Church, preferring one before another in name, are a false foundation of alms, and for that reason all houses of alms in England have been wrongly founded. This conclusion is proved by two reasons : the one is that meritorious

xli] HISTORY OF THE ENGLISH CHURCH 129

prayer, and of any effect, ought to be a work proceeding 1394.

from deep charity, and perfect charity leaves out no one, A hundred

for ‘Thou shalt love thy neighbour as thyself.’ And so it houses

is clear to us that the gift of temporal good bestowed on suffice.

the priesthood and houses of alms is a special incentive to

private prayer which is not far from simony. For another

reason is that special prayer made for men condemned is

very displeasing to God. And although it be doubtful, it

is probable to faithful Christian people that founders of a

house of alms have for their poisonous endowment passed

over for the most part to the broad road. The corollary is :

effectual prayer springing from perfect love would in general

embrace all whom God would have saved, and would do

away with that well-worn way or merchandise in special

prayers made for the possessional mendicants and other

hired priests, who are a people of great burden to the whole

realm, kept in idleness : for it has been proved in one book,

which the king had, that a hundred houses of alms would

suffice in all the realm, and from this would rather accrue

possible profit to the temporal estate.

8. That pilgrimages, prayers, and offerings made to blind

crosses or roods, and to deaf images of wood or stone, are

pretty well akin to idolatry and far from alms, and although

these be forbidden and imaginary, a book of error to the lay

folk, still the customary image of the Trinity is specially

abominable. This conclusion God clearly proves, bidding

alms to be done to the needy man because they are the

image of God, and more like than wood or stone; for God

did not say, ‘let us make wood or stone in our likeness and

image,’ but man; because the supreme honour which clerks

call latria appertains to the Godhead only; and the lower

honour which clerks call dulia appertains to man and angel

and to no inferior creature. A corollary is that the service

of the cross, performed twice in any year in our church, is

full of idolatry, for if that should, so might the nails and

K

130 DOCUMENTS ILLUSTRATIVE OF THE [xli

1894. lance be so highly honoured; then would the lips of Judas be relics indeed if any were able to possess them. But we ask you, pilgrim, to tell us when you offer to the bones of saints placed in a shrine in any spot, whether you relieve the saint who is in joy, or that almshouse which is so well endowed and, for which men have been canonized. God knows how. And to speak more plainly, a faithful Christian supposes that the wounds of that noble man, whom men call St. Thomas, were not a case of martyrdom

1895. Auricu- 9. That auricular confession which is said to be so neces-lar confes- sary to the salvation of a man, with its pretended power of sion works greatharm absolution, exalts the arrogance of priests and gives them opportunity of other secret colloquies which we will not speak of; for both lords and ladies attest that, for fear of their confessors, they dare not speak the truth. And at the time of confession there is a ready occasion for assignation that is for 'wooing,' and other secret understandings leading to mortal sins. They themselves say that they are God's representatives to judge of every sin, to pardon and cleanse whomsoever they please. They say that they have the keys of heaven and of hell, and can excommunicate and bless, bind and loose, at their will, so much so that for a drink, or twelve pence, they will sell the blessing of heaven with charter and close warrant sealed with the common seal. This conclusion is so notorious that it needs not any proof. It is a corollary that the pope of Rome, who has given himself out as treasurer of the whole Church, having in charge that worthy jewel of Christ's passion together with the merits of all saints in heaven, whereby he grants pretended indulgence from penalty and guilt, is a treasurer almost devoid of charity, in that he can set free all that are prisoners in hell at his will, and cause that they should never come to that place. But in this any Christian can well see there is much secret falsehood hidden away in our Church.

xli] HISTORY OF THE ENGLISH CHURCH 131

10. That manslaughter in war, or by pretended law of

justice for a temporal cause, without spiritual revelation, is

expressly contrary to the New Testament, which indeed is the

law of grace and full of mercies. This conclusion is openly

proved by the examples of Christ's preaching here on

earth, for he specially taught a man to love his enemies, and

to show them pity, and not to slay them. The reason is

this, that for the most part, when men fight, after the first

blow, charity is broken. And whoever dies without charity

goes the straight road to hell. And beyond this we know

well that no clergyman can by Scripture or lawful reason

remit the punishment of death for one mortal sin and not

for another ; but the law of mercy, which is the New Testa-

ment, prohibits all manner of manslaughter, for in the

Gospel : 'It was said unto them of old time, Thou shalt not

kill.' The corollary is that it is indeed robbery of poor folk

when lords get indulgences from punishment and guilt for

those who aid their army to kill a Christian people in distant

lands for temporal gain, just as we too have seen soldiers

who run into heathendom to get them a name for the

slaughter of men ; much more do they deserve ill thanks

from the King of Peace, for by our humility and patience

was the faith multiplied, and Christ Jesus hates and threatens

men who fight and kill, when He says : 'He who smites

with the sword shall perish by the sword.'

11. That the vow of continence made in our Church by

women who are frail and imperfect in nature, is the cause

of bringing in the gravest horrible sins possible to human

nature, because, although the killing of abortive children

before they are baptized and the destruction of nature by

drugs are vile sins, yet connexion with themselves or brute

beasts or any creature not having life surpasses them in

foulness to such an extent as that they should be punished

with the pains of hell. The corollary is that, widows and

such as take the veil and the ring, being delicately fed, we

K 2

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DOCUMENTS ILLUSTRATIVE OF THE

1394. could wish that they were given in marriage, because we cannot excuse them from secret sins.

1395. Unnecessary arts should be restrained. 12. That the abundance of unnecessary arts practised in our realm nourishes much sin in waste, profusion, and disguise. This, experience and reason prove in some measure, because nature is sufficient for a man's necessity with few arts. The corollary is that since St. Paul says: 'having food and raiment, let us be therewith content,' it seems to us that for a man, according to the apostle, should be destroyed for the increase of virtue; because although these two said arts were exceedingly necessary in the old law, the New Testament abolishes them and many others.

These conclusions are a brief summary only. This is our embassy, which Christ has bidden us fulfil, very necessary for this time for several reasons And although these matters are briefly noted here they are how-ever set forth at large in another book, and many others besides, at length in our own language, and we wish that these were accessible to all Christian people. We ask God then of His supreme goodness to reform our Church, as being entirely out of joint, to the perfectness of its first beginning.

[Foxe's translation of some contemporary verses added to the foregoing document.]

Concluding verses. The English nation doth lament of these vile men their sin,

Which Paul doth plainly signify by idols to begin.

But Gehazites full ingrate from sinful Simon sprung,

This to defend, though priests in name, make bulwarks great and strong.

Ye princess, therefore, whom to rule the people God hath placed

With justice' sword, why see ye not this evil great defaced?

XLII]

HISTORY OF THE ENGLISH CHURCH

133

XLII.

THE ACT 'DE HÆRETICO COMBURENDO,'

A.D. 1401.

2 Henry IV, cap. 15.

Letters Patent against the Lollards had been issued in 1382 and

1384 (unde ante, No XXXVIII), but the following Act was the earliest

step taken by Parliament to suppress Lollardy. The Act was ex-

panded by 2 Henry V, Stat 1, cap. 7, and repealed by 25 Henry VIII,

cap 14, 1 Edward VI, cap. 12; revived by 1 & 2 Philip and Mary,

cap. 8 (post, No. LXXIII), and repealed by 1 Elizabeth, cap 1 (post,

No LXXIX), and 29 Charles II, cap. 9.

[Tr Statutes of the Realm, ii. 125.]

Whereas it is shewed to our sovereign lord the king on The

behalf of the prelates and clergy of his realm of England Catholic

in this present Parliament, that although the Catholic faith ob-

served by faith, founded upon Christ, and by His apostles and the the king's

Holy Church sufficiently determined, declared, and ap- progenitors

proved, has been hitherto by good and holy and most rights and

noble progenitors of our sovereign lord the king in the said the English

realm, amongst all the realms of the world, most devoutly Church

observed, and the English Church by his said most noble them.

progenitors and ancestors, to the honour of God and of upheld by

the whole realm aforesaid, laudably endowed, and in her them.

rights and liberties sustained, without that that the same

faith or the said Church was hurt or grievously oppressed, or

else disturbed by any perverse doctrine or wicked, heretical,

or erroneous opinions :

Yet nevertheless divers false and perverse people of The false

a certain new sect, damnably thinking of the faith of the doctrine of

sacraments of the Church and the authority of the same, a new sect.

and, against the law of God and of the Church, usurping the

office of preaching, do perversely and maliciously, in divers

134

DOCUMENTS ILLUSTRATIVE OF THE [xlii

1401. places within the said realm, under the colour of dissimuled holiness, preach and teach in these days, openly and privily, divers new doctrines and wicked, heretical, and erroneous opinions, contrary to the same faith and blessed determinations of the Holy Church.

Means taken to spread this false doctrine. And of such sect and wicked doctrine and opinions, they make unlawful conventicles and confederacies, they hold and exercise schools, they make and write books, they do wickedly instruct and inform people, and, as much as they may, excite and stir them to sedition and insurrection, and make great strife and division among the people, and do daily perpetrate and commit other enormities horrible to be heard, in subversion of the said Catholic faith and doctrine of the Holy Church, in diminution of God's honour, and also in destruction of the estate, rights, and liberties of the said English Church ; by which sect and wicked and false preachings, doctrines, and opinions of the said false and perverse people, not only the greatest peril of souls, but also many more other hurts, slanders, and perils, which God forbid, might come to this realm, unless it be the more plentifully and speedily helped by the king's majesty in this behalf, namely :

Why the bishops, by jurisdiction spiritual, without aid of the said royal majesty, sufficiently correct the said false and perverse people, nor refrain their malice, because the said false and perverse people go from diocese to diocese, and will not appear before the said diocesans, but the same diocesans and their jurisdiction spiritual, and the keys of the church, with the censures of the same, do utterly disregard and despise, and so they continue and exercise their wicked preachings and doctrines, from day to day, to the utter destruction of all order and rule of right and reason.

The prelates and clergy and Upon which novelties and excesses above rehearsed, the prelates and clergy aforesaid, and also the Commons of the

XLII] HISTORY OF THE ENGLISH CHURCH 135

said realm being in the same Parliament, have prayed 1401.

our sovereign lord the king, that his royal highness would Commons pray the

vouchsafe in the said Parliament to provide a convenient king to

remedy. the same our sovereign lord the king—graciously provide a

considering the premises, and also the laudable steps of his remedy.

said most noble progenitors and ancestors, for the conserva-

tion of the said Catholic faith, and sustentation of God's

honour, and also the safeguard of the estate, rights, and

liberties of the said English Church, to the praise of God,

and merit of our said sovereign lord the king, and pros-

perity and honour of all his said realm, and for the

eschewing of such dissensions, divisions, hurts, slanders,

and perils, in time to come, and that this wicked sect,

preachings, doctrines, and opinions should from henceforth

cease and be utterly destroyed—by the assent of the estates

and other discreet men of the realm, being in the said

Parliament, has granted, stablished, and ordained from

henceforth firmly to be observed: That none within the The king

said realm, or any other dominions, subject to his royal and Parlia-

majesty, presume to preach, openly or privily, without the hibit un-

licence of the diocesan of the same place first required and licensed

obtained—curates in their own churches, and persons hitherto Except by

privileged, and others of the canon law granted, only except. curates in

And that none, from henceforth, preach, hold, teach, or their own

instruct anything, openly or privily, or make or write any and per-

book contrary to the Catholic faith or determination of the hitherto

Holy Church, nor that any of such sect and wicked doctrines priviledged.

and opinions shall make any conventicles, or in any wise hold None to

or exercise schools. And also that none from henceforth in write

any wise favour such preacher, or maker of any such and against the

the like conventicles, or holding or exercising schools, or faith, or

making or writing such books, or so teaching, informing, favour

or exciting the people, nor them, nor any of them, maintain or teachers

or in any wise sustain. against it

And that all and singular having such books or any All having

136

DOCUMENTS ILLUSTRATIVE OF THE

1401. writings of such wicked doctrine and opinions, shall really,

writings to with effect, deliver, or cause to be delivered, all such books

deliver same,with- and writings to the diocesan of the same place within

in forty forty days from the time of the proclamation of this ordi-

days,to the nance and statute. And if any person or persons, of

diocesan. Persons whatsoever kind, estate, or condition he or they be, from

suspected of owning henceforth do or attempt against the royal ordinance

same and not and statute aforesaid, in the premises or in any of them, or

and not so delivering, to be arrested and pro-

ceed against by canon law.

such books, in form aforesaid, do not deliver, then the

diocesan of the same place, in his diocese, such person or

persons, in every of them, may, by the authority of the said ordinance

and statute, cause to be arrested, and under safe custody in

his prisons to be detained, till he or they, of the articles laid

to him or them in this behalf, canonically purge him or

themselves, or else such wicked sect, preachings, doctrines,

and heretical and erroneous opinions abjure, according

as the laws of the Church do require; so that the said

diocesan, by himself or his commissaries, do openly and

judicially proceed against such persons so arrested and

remaining under his safe custody to all effect of the law,

and determine that same business, according to the canonical

decrees, within three months after the said arrest, any lawful

impediment ceasing.

Persons canoni-

cally convicted to be kept in prison or

be delivered to the secular court.

And if any person, in any case above expressed, be, before

the diocesan of the place, or his commissaries, canonically

convicted, then the same diocesan may cause to be kept in

his prison the said person so convicted according to the

manner of his default, and after the quality of the offence,

according and as long as to his discretion shall seem expe-

dient, and moreover put the same person to pay a pecuniary

fine to the lord the king, except in cases where he, accord-

ing to the canonical decree, ought to be left to the secular

court, according as the same fine shall seem competent to the

diocesan, for the manner and quality of the offence, in which

XLII] HISTORY OF THE ENGLISH CHURCH 137

case the same diocesan shall be bound to certify the king

of the same fine in his exchequer by his letters patent

sealed with his seal to the effect that such fine, by the king's

authority, may be required and levied to his use of the

goods of the same person so convicted.

And if any person within the said realm and dominions,

Officers of

upon the said wicked preachings, doctrines, opinions, schools,

secular

courts to

and heretical and erroneous informations, or any of them, be, receive

and

before the diocesan of the same place, or his commissaries,

publicly

convicted by sentence, and the same wicked sect, preachings,

burn those

convicted

doctrines and opinions, schools and informations, do refuse

by the

duly to abjure, or by the diocesan of the same place, or his

ecclesiastical courts

commissaries, after abjuration made by the same person,

of refusing

to abjure

be pronounced relapsed, so that according to the holy

canons he ought to be left to the secular court, whereupon

their

heresy, or

of relapsing into it.

credence shall be given to the diocesan of the same place,

or to his commissaries in this behalf--then the sheriff of

the county of the same place, and the mayor and sheriff or

sheriffs, or mayor and bailiffs of the city, town, or borough of

the same county nearest to the same diocesan or the said

commissaries, shall be personally present in preferring of such

sentences, when they, by the same diocesan or his commissaries,

shall be required: and they shall receive the same persons

and every of them, after such sentence promulgated, and

them, before the people, in a high place [eminenti] cause to be

burnt, that such punishment may strike fear to the minds of

others, whereby no such wicked doctrine and heretical and

erroneous opinions, nor their authors and favourers in the

said realm and dominions, against the Catholic faith, Christian

law, and determination of the Holy Church be sustained

(which God forbid), or in any wise suffered. In which all

and singular the premises concerning the said ordinance and

statute, the sheriffs, mayors, and bailiffs of the said counties,

cities, boroughs, and towns shall be attending, aiding, and

supporting, to the said diocesan and his commissaries.

138

DOCUMENTS ILLUSTRATIVE OF THE

XLIII.

THE ROYAL WRIT FOR THE BURNING OF SAWTRE, A. D. 1401.

1401. WHILST the Bill De Hæretico was before Parliament, and apparently before it became law, Convocation instituted proceedings against Sawtre. On February 24 he was degraded by that assembly, and on February 26 the following royal writ was issued for his execution.

[Tr Close Roll, 2 Hen IV, pt 1. m. 6.]

The king to the mayor and sheriffs of London, greeting.

Sawtre, having been condemned in a provincial council, Whereas the venerable father Thomas, archbishop of Canterbury, primate of all England, and legate of the Apostolic See, with the consent and assent and advice of his fellow-bishops [coepiscoporum] and suffragan brethren [confratrum suffraganeorum], and also of all the clergy of his province, in his provincial council assembled, the order of his right in this respect required having been duly observed in all particulars, has by his definitive sentence pronounced and declared William Sawtre, formerly chaplain—who was condemned for heresy, and who aforetime abjured, in form of law, and has [now] relapsed unto the aforesaid heresy—to be a manifest heretic, and decreed that he should be degraded, and for that cause has actually [realiter] degraded him from all his position and clerical privilege, and has decreed that the same William be left to the secular court, and has actually left him according to the laws and canonical sanctions enacted in that behalf, and Holy Mother Church has nothing further to do in the premises :

We therefore—zealous for justice and a cherisher of the Catholic faith, willing to maintain and defend Holy Church, and the rights and liberties of the same, and to extirpate radically such heresies and errors from our kingdom of England, as much as in us lies, and to punish with

xliv] HISTORY OF THE ENGLISH CHURCH 139

condign chastisement heretics so convicted, and considering that such heretics so convicted and condemned in the form aforesaid ought to be burnt in the flames, according to law divine and human, and the canonical institutes customary in that behalf—as straitly as we are able, firmly enjoining, is to be command you that the aforesaid William, being in your custody, be committed to the fire in any public and open place, within the liberty of the city aforesaid, by reason of burnt in any public place, within the premises, and that you cause him to be actually [realiter] burnt in the same fire, in detestation of such crime, and to the manifest example of other Christians ; and this you shall as an ex- ample to city, in no wise omit under instant peril. Witness ourself at others. Westminster the 26th day of February.

By the king himself and the council in Parliament.

XLIV.

REMonstrance AGAINST THE LEGATINE POWERS OF CARDINAL BEAUFORT, A. D. 1428.

The following document, referring to an objection taken against the legitime powers of Cardinal Beaufort, is printed by Foxe (Acts and Monumens, iii. p. 719). It bears internal marks of genuineness, e g. the name of the clerk of the council. Foxe obtained it from an old book in the possession of a certain Master Bowyer.

[Tr. Foxe as above.]

In the name of God, Amen. By the present public instrument let it clearly appear to all that in the year of our Lord 1428-9, in the seventh indiction, in the pontificate of our holy father in Christ and lord, the lord Martin, &c., and with assent of the Privy Council, I, Richard Caudry1, proctor, and under proctorial com- mission of the most Christian prince the lord Henry, by the Privy Council, declares

1 Mentioned as clerk of council in 1423. Vide Acts and Ordinances of the Privy Council.

140

DOCUMENTS ILLUSTRATIVE OF THE [xliv

1428. grace of God king of England and France, and lord of Ireland, my supreme lord, with the assent also and advice of the illustrious and puissant prince Humphry, duke of Gloucester, earl of Pembroke, protector and defender of the kingdom of England and the English Church, and the rest, my lords of his highness' royal council, and doing his counsel and representing him in this behalf, do declare, allege, and set forth in these writings, that the said most Christian prince, my supreme lord, and his most renowned ancestors, kings of the said kingdom of England, as well by special privilege as by laudable and lawfully prescribed custom, peaceably and without let observed from time to time, of which the memory of man runneth not to the contrary, were and are sufficiently endowed and lawfully protected that no legate of the Apostolic See ought to come into their kingdome of England or other their lands and dominions, save at the bidding, asking, request, invitation, or entreaty of the king of England for the time being.

that no legate should come un- asked into the dominions of the king of England.

And the said most Christian prince, my supreme lord, and his renowned ancestors, kings of England, have been and are in possession of the right and privilege and custom aforesaid without any interruption through all the whole time aforesaid, peacefully and quietly, the Roman pontiffs throughout all the time aforesaid knowing all and singular the premises, suffering and consenting to the same as well silently as expressly, and without any manner of possession as of right or fact of sending such legate, as is aforesaid, into the kingdom of England, or any other his lands and dominions, save at the bidding, asking, request, and entreaty of the king of England for the time being ; and because the most reverend father in Christ and Doctor of Divinity, Henry, by the intrusion of Cardinal Beaufort so coming is here- dignity, without bidding, asking, request, invitation, or

xlv] HISTORY OF THE ENGLISH CHURCH

entreaty of the most Christian lord our king aforesaid,

actually entered the renowned kingdom of England—there— by pro-

fore I openly protest, and by public commission in these

writings and on behalf of the above and all the subjects of

the same our lord the king, that it has not been and is not

the intention of the aforenamed most Christian prince, my

supreme lord, and the said my lords of the council, to ratify

by authority or approve, to the derogation of the laws, rights,

customs, liberties, and privileges of the said our lord the

king and the kingdom, the entrance of such the said most

reverend father as legate into England, or in any wise at all

to admit or recognize the same as legate of the Apostolic

See in England, contrary to the laws, rights, customs, liber-

ties, and privileges aforesaid, or any wise to consent to the

exercise of his legation or any other or anything done or to

be done, attempted or to be attempted, by the same as

legate of the Apostolic See contrary to the premises, the

laws, rights, customs, liberties, and privileges, but rather to ·

dissent, and the said our lord the king does so dissent

and the said my lords of the council dissent by the

presents, &c.

[A.D. 1414. The important and lengthy censure of Church irregu-

larities sent by the University of Oxford to the king will be found in

Wilkins, Concil. ii. 360–365. A summary is given by Archdeacon

Perry, i. 501.]

XLV.

ARCHBISHOP BOURCHIER'S COMMISSION FOR

REFORMING THE CLERGY, A.D. 1455.

This commission was issued by Abp. Bourchier in the year follow-

ing his appointment to the primacy.

[Tr. Reg. Bourchier, fol. 4 b. Cf. Wilkins, iii 573.]

Thomas, by Divine permission, &c., to our beloved in

Christ, Master David Blodwell, our commissary-general for

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DOCUMENTS ILLUSTRATIVE OF THE

Canterbury, greeting and benediction. The constant and

Certain monastic clergy have forgotten the obligations of their rule,

noisy clamour of many, and public report, and the notoriety

whilst some of the seculars are guilty of non-residence and careless living,

not without grievous bitterness of heart, that there are some within our diocese of Canterbury, under the profession

to the detriment of their vicarages and cures.

of monastic observance, who have got possession of parish churches and their perpetual vicarages, under pretext of certain pretended apostolic letters, and having scorned and discarded their regular habit, or at all events contrary to the manner of their religion, abandon the same secretly under secular garb, some of whom also wear a habit of inconsistent fashion, and go about rashly and presumptuously, like secular priests, in no wise fearing the sentences of excommunication and irregularity passed in that behalf against such, but damnably incurring and contracting them do thus incur and contract them ; and that there are some secular rectors and vicars too, who do not keep or perform residence

and scorning the cures of souls to which they are bound, like vagabonds and profligates run about through the kingdom and apply themselves to worldly gain, to revellings moreover, to drinking bouts, and to wicked adulteries and fornications, and besides, spend their time on all manner of vices, and waste the property, goods, fruits, and revenues of their benefices of this sort, and vainly and uselessly consume them on forbidden and profane objects; the chancels of their churches, their houses, too, and buildings of their benefices of this sort they actually leave alone, notoriously suffering their notable and enormous decay as regards walls; roofs, &c., without repair, whilst they let out to laymen, without our licence or that of our officials, rightly required in this behalf, the fruits of the benefices of this sort, and let them to farm, and do not at all distribute amongst their poor a notable or indeed any share of such fruits. And there are priests, too, set within the same our

[xlv

xlv] HISTORY OF THE ENGLISH CHURCH

143

diocese, some supplying the place of curates and holding 1455

cure of souls, others keeping annual festivals, being strangers There are

quite obscure and unknown, and not bringing with them careless

commendatory or testimonial letters as to their conversation who have priests,too,

or orders. Some moreover of them are ignorant and un- cient

learned, unskilled or almost destitute of letters, holding licence or no suffi-

cure of souls within the same our diocese, not without grave learning.

peril and great danger to souls; some moreover there are,

subjects and lieges of our diocese of Canterbury, driven on

by some dark and obstinate error against God and the There is

Church, who refuse and deny to pay tithes of their woods, slackness

trees, and faggots, and billets, alleging in defence of this as to tithes

their error, ancient custom, or more truly damnable corrup- on the part

tion, for what is not tithed, or what is given as tithe being of some,

less than tithe, cannot be held by any custom at all. There

are moreover certain of both sexes, men and women, who

wander about from diocese to diocese, and betake them- much

selves to our said diocese, and contrary to the prohibition moral

of Divine law, and the enactments of the sacred canons, mischief,

indulge in criminal and adulterous intercourse; whilst others, in like manner, men and women, under very ill-

considered and mistaken influence, contract marriage clan- hasty and

destinely ; whence it comes to pass that all sufficient proof irregular

failing in this behalf, and thus marrying perchance under contracts, marriage

the influence of a spirit of contradiction, and by the pro-contracts,

curement of some enemy, they repudiate such contract although lawfully valid, yet lacking proper proof of such

lawfulness, and hasten to second vows when they cannot

lawfully, and contract illicit concubinage, and procreate

bastard 'and adulterine children of the same. Further, in and irregu-

making wills, the same thing often happens, provided no lar making

witnesses have signed the same, so that it comes to pass of wills.

that these same are often, through want of proof, wickedly

altered, annulled, set aside, or made void. Whence it

follows, of course, that very many crimes are daily com-

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DOCUMENTS ILLUSTRATIVE OF THE

[xlv

mitted by our people, to the contempt of God and holy

religion; the dignity of the clergy is disgraced; the health of

souls is dangerously neglected ; the hope of the poor fails ;

The evils

whilst the duty of sacred hospitality is abandoned by

resulting

ecclesiastics, amongst whom especially it ought to flourish ;

are noto-

decay and all manner of ruin attack church buildings;

rious.

church goods are vainly and uselessly spoiled and wasted ;

priests unlearned, untaught, unknown, and unrecognized,

and oftentimes without orders, or suspended from fulfilling

their orders, do by presumptuously administering sacra-

ments and sacramentals, bring the souls of our subjects to

ruin and captivity; many illicit and criminal concubinages,

fornications, and adulteries are encouraged amongst our

people; declarations of succession are set aside ; and the last

wills of testators are very often wickedly set aside, and made

Hence a

void. Wherefore we, desiring with what diligence we can

commis-

to stop so many and great dangers, grant you, in whose

sion is

fidelity and activity we have confidence in the Lord, full

given to

power duly to correct and reform such defects, crimes, and

correct

excesses, and [we grant you] the apostates, if you find any, to

and reform

be punished by arrest of their bodies, as well as by imprison-

such irre-

ment, and others, moreover, failing in the premises or any of

gularities.

the premises. or notoriously tainted with any disgrace, so far

as we are concerned, according to the demands of law, to be

as well admonished or caused to be admonished by our

authority; that whatever of either sex, both men and women,

wish to contract marriage, or draw up testaments or their

last wills, should, as they wish and hope such marriages and

wills to have the effects due and desired, contract such mar-

riages, to wit in the presence of two persons at least, whilst

they draw up such last wills and have them read through or

recited in the presence of their curate or his representative,

and two or three witnesses. Given at Lambeth the 25th

day of May in the year of our Lord 1455 and the first of

our translation.

xlvi] HISTORY OF THE ENGLISH CHURCH 145

XLVI.

THE PETITION OF THE COMMONS, A.D. 1532.

This document is printed by Froude, History of England, i 208,

under the date 1529. The Petition really emanated from the Court,

as is proved by the fact that there are, amongst the State Papers, four

corrected drafts of it, the corrections in these being generally in the

handwriting of Thomas Crumwell, who had been added to the Privy

Council in 1531 (Introd. Calendar S P. Henry VIII. v. xix.).

[Transcr S. P. Henry VIII. v. No. 1016 (1–4 1).]

To the King our Sovereign Lord.

In most humble wise show unto your excellent highness Attention

and your most prudent wisdom, your faithful, loving, and is called

most humble and obedient subjects the Commons in this duct of the

your present Parliament assembled. Where of late, as well ordinaries

through new fantastical and erroneous opinions, grown by officers in

occasion of frantic, seditious, and overthwartly framed relation to

books compiled, imprnted, published, and made into the the sup-

English tongue, contrary and against the very true Catholic various

and Christian faith, as also by the extreme and uncharitable errors.

behaviour and dealing of divers ordinaries, their commissaries

and substitutes, which have heretofore had and yet have the

examination in and upon the said errors and heretical

opinions ; much discord, variance, and debate has risen,

and more and more daily is like to increase and ensue

amongst the universal sort of your said subjects, as well

spiritual and temporal, each against the other, in most un-

charitable manner, to the great inquietation, vexation,

and breach of your peace within this your most Catholic

realm :

1 The pages of this document are confused in binding.

L

146

DOCUMENTS ILLUSTRATIVE OF THE

[XLVI

The special particular griefs whereof, which most princi-

Thespecial pally concern your said Commons and lay subjects, and which

pointscom- are, as they undoubtedly suppose, the very chief fountains,

plained of in the charge being :

occasions, and causes that daily breed, foster, and nourish

and maintain the said seditious factions and deadly hatred,

and most uncharitable part-taking, either part and sort of

said subjects spiritual and temporal against the other, here-

after followingly do ensue :-

I. The

I. First, where the prelates and spiritual ordinaries of this

power of Convoca- your most excellent realm of England, and the clergy of the

tion to frame canons and exact penalties without the con-

same, have in their convocations heretofore made and caused

sent of the laity.

to be made, and also daily do make, many divers fashions

of laws, constitutions, and ordinances, without your know-

ledge or most royal assent, and without the assent and

consent of any of your lay subjects ; unto the which laws your

said lay subjects have not only heretofore and daily be con-

strained to obey as well in their bodies,goods,and possessions,

but also be compelled to incur daily into the censures of

the same, and be continually put to importable charges

and expenses, against all equity, right, and good conscience.

And yet your said humble subjects nor their predecessors

could ever be privy to the said laws ; nor any of the said

laws have been declared unto them in the English tongue,

or otherwise published, by knowledge whereof they might

have eschewed the penalties, dangers, or censures of the

same ; which laws so made your said most humble and

obedient subjects, under the supportation of your majesty,

suppose to be not only to the diminution and derogation of

your imperial jurisdiction and prerogative royal, but also to

the great prejudice, inquietation, and damage of your said

subjects.

2 The proctors and delays of the Courts of Arches and Audience.

II. Also now where of late there has been devised by the

most reverend father in God, William, archbishop of Canter-

bury, that in the courts which he calls his courts of the Arches

and Audience, shall be but only ten proctors at his deputation,

xlvi] HISTORY OF THE ENGLISH CHURCH 147

which be sworn to preserve and promote the only jurisdiction

of the said courts ; by reason whereof, if any of your lay sub-

jects should have any lawful cause against the judges of the

said courts, or any doctors or proctors of the same, or any of

their friends or adherents, they can nor may in any wise have

indifferent counsel ; and also all causes depending in any

of the said courts may, by the confederacy of the said few

proctors, be in such wise tractcd and delayed, as your sub-

jects suing in the same shall be put to importable charges,

costs, and expense. And in case that any matter there being

preferred should touch your crown, regal jurisdiction, and

prerogative royal, yet the same shall not be disclosed by

any of the said proctors for fear of loss of their offices.

Wherefore your said most obedient subjects, under the

protection of your majesty, suppose that your highness

should have the nomination of some convenient number

of proctors to be always attendant in the said Courts of

the Arches and Audience, there to be sworn as well to the

preferment of your jurisdiction and prerogative royal as

to the expedition of all the causes of your lay subjects

repairing and suing to the same.

III. And where also many of your said most humble

and obedient subjects, and specially those that be of the

poorest sort, within this your realm, be daily convented

and called before the said spiritual ordinaries, their com-

missaries and substitutes, ex officio; sometimes, at the

pleasure of the said ordinaries and substitutes, for malice

without any cause ; and sometimes-at the only promotion

people,

of lay

and accusement of their summoners and apparitors, being

very light and indiscreet persons, without any lawful cause

of accusation or credible fame proved against them, and

without any presentment in the visitation-be inquieted,

disturbed, vexed, troubled, and put to excessive and im-

portable charges for them to bear, and many times be

suspended and excommunicate for small light causes

L 2

1532

3. Trivial

and vex-

tious cases

promoted

by the

ordinaries

against the

poorer sort

of lay

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DOCUMENTS ILLUSTRATIVE OF THE [XLVI

1532. upon the only certificate of the proctors of the adversaries made under the feigned seal which every proctor has in his keeping ; whereas the party suspended and ex-communicated many times never had any warning ; and yet when he shall be absolved, if it be out of court, he shall be compelled to pay to his own proctor twenty pence, to the proctor which is against him another twenty pence, and twenty pence to the scribe, besides a privy reward that the judge shall have, to the great impoverishing of your said poor lay subjects.

1533. Excessive fees in spiritual courts.

IV. Also your said most humble and obedient subjects find themselves grieved with the great and excessive fees taken in the said spiritual courts, and specially in the said Courts of the Arches and Audience; where they take for every citation two shillings and sixpence ; for every inhibition six shillings and eightpence ; for every proxy sixteen pence ; for every certificate sixteen pence ; for every libel three shillings and fourpence ; for every answer to any libel three shillings and fourpence ; for every act, if it be but two words, to the registrar, fourpence ; for every personal citation or decree three shillings and fourpence ; for every sentence or judgment to the judge twenty-six shillings and eightpence ; for every testimonial upon such sentence or judgment twenty-six shillings and eightpence: for every significavit twelve shillings ; for every commission to examine witnesses twelve shillings ; which is thought to be importable to be borne by your said subjects, and very necessary to be reformed.

5. Exactions by parish clergy for sacraments.

V. And where also the said prelates and ordinaries daily do permit and suffer the parsons, vicars, curates, parish priests, and other spiritual persons having cure of souls, within this your realm ministering, to exact and take of your humble and obedient subjects divers sums of money for the sacraments and sacramentals of Holy Church, sometimes denying the same without they be first

xlvi] HISTORY OF THE ENGLISH CHURCH 149

paid the said sums of money, which sacraments and sacraments your said most humble and obedient subjects, under

the protection of your highness, do suppose and think ought to be in most reverend, charitable, and godly wise freely ministered unto them at all times requisite, without denial or

exaction of any manner sums of money to be demanded or asked for the same.

VI. And also where, in the spiritual court of the said prelates and ordinaries, be limited and appointed so many judges,

scribes, apparitors, summoners, appraisers, and other ministers for the approbation of testaments, which coveting so much

their own private lucre, and satisfaction of the appetites of the said prelates and ordinaries, that when any of your

said loving subjects do repair to any of the said courts for the probate of any testaments, they do in such wise make

long delays, or excessively take of them so large fees and rewards for the same, as is importable for them to bear, directly

against all justice, law, equity, and good conscience. Wherefore your said most humble and obedient subjects do therefore,

under your gracious correction and supportation, suppose it were very necessary that the said ordinaries, in the deputation of such judges, should be bound to appoint and assign

such discreet, 'gravous,' and honest persons, having sufficient learning, wit, discretion, and understanding, and also being

endued with such spiritual promotion, stipend, and salary, as they, being judges in their said courts, might and may

minister, to every person repairing to the same, justice, without taking any manner fee or reward for any manner sentence

or judgment to be given before them.

VII. And also whereas divers spiritual persons being presented as well by your highness and by other patrons within this your realm to divers benefices or other

spiritual promotions, the said ordinaries and their ministers do not only take of them, for their letters of institution and induction, many great and large sums of money

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DOCUMENTS ILLUSTRATIVE OF THE

[xlvi

1532. and rewards; but also do pact and covenant with same,

taking sure bonds for their indemnity to answer, to the said

ordinaries, the firstfruits of the said benefices after their

institution, so as they, being once presented or promoted

as is aforesaid, be by the said ordinaries very uncharitably

handled, to their no little hindrance and impoverishment,

which your said subjects suppose not only to be against all

laws, right, and good conscience, but also to be simony,

and contrary to the laws of God.

8. Provi- VIII. And also whereas the said spiritual ordinaries do

sion of in- daily confer and give sundry benefices unto certain young

fants to folks, calling them their nephews or kinsfolk, being in their

benefices minority and within age, not apt nor able to serve the cure of

by ordin- any such benefice; whereby the said ordinaries do keep and

aries. detain the fruits and profits of the same benefices in their

own hands, and thereby accumulate to themselves right

great and large sums of money and yearly profits, to the

most pernicious example of all your said lay subjects ; and so

the cures and otherpromotions given unto such infants be only

employed to the enriching of the said ordinaries, and the

poor silly souls of your people and subjects, which should

be taught in the parishes given as aforesaid, for lack of good

curates, do perish without doctrine or any good teaching.

9 The ex- IX. And also where a great number of holy days which

cessive nized and kept throughout this your realm—upon the which

number of holy days many great, abominable, and execrable vices, idle and wanton

observed. sports, be used and exercised—which holy days, if it may

stand with your gracious pleasure, and specially such as fall in

the harvest, might, by your majesty, by the advice of your

most honourable council, prelates, and ordinaries, be made

fewer in number ; and those that shall hereafter be ordained

to stand and continue might and may be the more devoutly,

religiously, and reverently observed, to the laud of Almighty

God, and to the increase of your high honour and fame.

XLVI] HISTORY OF THE ENGLISH CHURCH 151

X. And furthermore where the said spiritual ordinaries, their commissaries and substitutes, sometimes for their own Vexpleasures, sometimes by the sinister procurement of other spiritual persons, use to make out process against divers of and imprisonment of your said subjects, and thereby compel them to appear before themselves, to answer at certain day and place to such innocent articles as by them shall be, of office afore themselves, then the ordinaries forthwith upon their appearance, without cause or any declaration then made or showed, commit and send them to ward, where they remain without bail or mainprize, sometimes for [half] a year, sometime a whole year and more, before they may in any wise know either the cause of their imprisonment or the name of their accuser; and finally, after their great costs and charges and expenses therein, when all is examined and nothing can be proved against them, but they clearly innocent for any fault or crime that can be laid unto them in that part, be set again at large without any recompence or amends in that behalf to be towards them adjudged.

XI. And also if percase upon the said process and Failure appearance any party be, upon the said matter, cause, or to obtain remedy in examination brought forward and named, either as party or certain witness, and then, upon the proof and trial thereof, not wrongful accusawrongful witness able to prove and verify his said accusation or testimony, tions. against the party so accused, to be true, then the person so causelessly accused is for the most part without any remedy for his charges and wrongful vexation, to be towards him adjudged and recovered.

XII. Also upon the examination of the said accusation, 12. Subtle and vexatious character of examination for heresy be ordinarily laid unto the charge of the party so accused, then the said ordinaries or their ministers use to put to them such subtle interrogatories, concerning the high mysteries of our faith, as are able quickly to trap a simple, unlearned, or yet a well-witted layman without learning, and

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1582. bring them by such sinister introduction soon to his own confusion. And forthwith, if there chance any heresy to be, by such subtle policy, by him confessed in words and yet never committed nor thought in deed, then put they, without further favour, the said person either to make his purgation, and so thereby to lose his honesty and credence for ever, or else, as some simple silly soul precisely standing to the clear testimony of his own well-known conscience, rather than to confess his innocent truth, to abide the extremity in that behalf, and so is utterly destroyed. And if ut fortune the said party so accused to deny the said accusation, and so put his adversaries to prove the same untruly, forged, and imagined against him, then, for the most part, such witnesses as be brought forth for the same, be they but two in number, never so sore defamed, of little truth or credence, adversaries or enemies to the party, yet they shall be allowed and enabled only by discretion of the said ordinaries, their commissaries or substitutes ; and there, upon sufficient cause, to proceed to judgment, to deliver the party so accused either to the secular hands after abjuration, without remedy, and afore, if he submit himself, to compel him, when best hap-peneth, to make his purgation and bear a faggot, to his extreme shame and undoing.

In con-

sideration

In consideration whereof, most gracious sovereign lord—and forasmuch as there is at this present time, and by a few years past has been, outrageous violence on the one part, and much default and lack of patient sufferance, charity, and good will on the other part—a marvellous disorder of the godly quiet, peace, and tranquillity that this your realm heretofore ever hitherto has been in, through your politic wisdom, in most honourable fame and catholic faith inviolably preserved ; it may therefore, most benign sovereign lord, like your excellent goodness for the tender and universally indifferent zeal, benign love, and favour that your highness beareth towards both the said parties,

xlvi] HISTORY OF THE ENGLISH CHURCH 153

the said articles (if they shall be by your most clear and

perfect judgment thought any instruments or causes of the

said variance and disorder, or those and all other occasions

whatsoever accounted by your highness to make towards

the said factions) deeply and weightily, after your accus-

tomed ways and manner, searched, weighed, and considered,

graciously to provide (all violence on both sides utterly and

clearly set apart) some such necessary and behoveful reme-

dies as may effectually reconcile and bring in perpetual

unity your said subjects, spiritual and temporal; and for

the establishing thereof, to make and ordain, on both sides,

such strait laws against the breakers, transgressors, and

offenders as shall be too heavy, dangerous, and weighty

for them or any of them to bear, suffer, and sustain.

Whereunto your said Commons most humbly, heartily,

and entirely beseech your grace, as the only head, sovereign

lord, protector, and defender of both the said parties, in

whom and by whom the only and sole redress, reformation,

and remedy herein absolutely rests and remains. By

Complian-

occasion whereof all your said Commons in their con-

ance with

science surely account that, beside the marvellous fervent

the peti-

love that your highness shall thereby and (sic) engender in

tion will

produce

their hearts towards your grace, you shall do the most

much con-

princely feat, and show the most honourable and charitable

tentment.

precedent and mirror that ever did sovereign lord upon

his subjects; and therewithal merit and deserve of our

merciful Lord eternal bliss, whose goodness grant your

grace in most godly, princely, and honourable estate long to

reign, prosper, and continue as the sovereign lord over all

your said most humble and obedient subjects.

154 DOCUMENTS ILLUSTRATIVE OF THE [xlvii

XLVII.

THE ANSWER OF THE ORDINARIES, A.D. 1532.

1532. The bishops' answer to the foregoing petition is here printed from a contemporary copy amongst the State Papers Wilkins (ii. 750) prints a version with material omissions Convocation being informed that this answer did not give satisfaction, drew up a second (Wilkins, in 753), maintaining the former position, but offering, in deference to the king, not to publish canons henceforth without his consent (S. P. Hen VIII v 1018). Three drafts exist of a further compromise still offered by Convocation. They are printed and discussed in the Appendix to Atterbury's Rights and Privileges of Convocation, 534.

[Transcr. S P. Henry VIII v. No. 1016 (5).]

The ordinaries having read the Commons' petition, hereby make answer :

After our most humble wise, with our most bounden duty of honour and reverence to your excellent majesty, endued with God with incomparable wisdom and goodness. Please it the same to understand that we, your orators and daily bounden bedemen the ordinaries, have read and perused a certain supplication which the Commons of your grace's most honourable Parliament now assembled have offered up unto your highness, and by your grace's commandment delivered to us, to make answer thereunto. And as the time has served and permitted, we have, according to your highness's commandment, made thereunto this answer following, beseeching your grace's indifferent benignity graciously to hear the same. First, where in the said supplication it is induced, as for a preface, that much discord, variance, and debate has risen amongst your grace's subjects, spiritual and temporal, and more and more daily is like to increase and ensue, to the great unquietness and breach of your peace within this your grace's most Catholic realm, as well through new fantastical and erroneous opinions grown by occasion of seditious and overthwart framed books com-

xlvii] HISTORY OF THE ENGLISH CHURCH 155

piled, imprinted, and made in English tongue in the parts beyond the sea, contrary and against the very true Catholic and Christian faith, as also by the uncharitable behaviour and dealing of divers ordinaries, their commissaries and substitutes, in the common and often vexation of your grace's said subjects in the spiritual courts, and also by other evil examples and misuses of spiritual persons.

To this we, your said orators and daily bounden bedes-men the ordinaries, answer, assuring your majesty that in our hearts and conscience there is no such discord, debate, variance, or breach of peace on our part against our brethren in God and ghostly children, your subjects, as is induced in this preface ; but our daily prayer is and shall be that all unity, concord, and peace may increase among your grace's true and faithful subjects, our said ghostly children, whom, God be our witness, we love, have loved, and shall love ever with hearty affection ; never intending any hurt or harm towards any of them in soul or body ; and never enterprised anything against them of trouble, vexation, or displeasure ; but only have, as we dare surely affirm, with all charity, exercised the spiritual jurisdiction of the Church, but only as we are bound of duty, upon certain evil-disposed persons heresy has been infected and utterly corrupt with the pestilent poison of properly heresy ; and to have had peace with such, had been against punished. the gospel of our Saviour Christ, wherein He saith, Non veni mittere pacem sed gladium. Wherefore, forasmuch as we perceive and know right well that there be as well-disposed and as well-conscienced men of your grace's Commons, in in Parliament; and with that consider how on our part there is given no such occasion why the whole number of the spirituality and energy should be thus noted unto your highness, omitting and leaving the conjectures of men, which though they be probable and in many's knowledge evident, yet they may and do sometime err ; we humbling

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1532. our hearts to God and remitting the judgment of this our inquietation to Him, and trusting, as His Scripture teacheth us, that if we love Him above all, omnia co-operabuntur in bonum, we shall endeavour ourselves to declare unto your highness the innocency of us your poor orators, as far as the truth of God's word and learning of the Church with the sincerity of our acts and deeds will maintain the same, with this determination and purpose not to colour, by wordly (sic) reasons or many's wit, any our doings or pro-ceedings, but to refer the truth to be defended by God and your highness, in whose virtue, learning, and Christian religion we never can doubt.

As regards detailed charges: The making of canons prejudicial to the statute law—the authority of Scripture and Church has not been contravened.

And where, after the general preface of the said supplication, your grace's Commons descend to special particular griefs, and first report that the clergy of this your realm, being your highness's subjects, in their convocations, by them divers factions of laws concerning temporal things, and some of them be repugnant to the laws and statutes of your realm, not having nor requiring your most royal assent to the same laws so by them made, neither any assent or knowledge of your lay subjects is had to the same, neither to them published and known in their mother tongue, albeit divers and sundry of the said laws extend, in certain causes, to your excellent person, your liberty and prerogative royal, and to the interdiction of your lands and possessions, and so likewise to the goods and possessions of your lay subjects, declaring the infringers of them, so by them made, not only to incur into the terrible censures of excommunication, but also the detestable crime and sin of heresy, by the which divers of your most humble and obedient lay subjects be brought into this ambiguity, whether they may do and execute your laws according to your jurisdiction royal of this realm, for dread of the same censures and pains comprised in the said laws, so by them made in

xlvii] HISTORY OF THE ENGLISH CHURCH 157

their convocations, to the great trouble and inquietation 1532

of your said humble and obedient lay subjects, to the im-

peachment of your jurisdiction and prerogative royal. To

this article we say that forasmuch as we repute and take

our authority of making of laws to be grounded upon the

Scripture of God and the determination of Holy Church,

which must also be a rule and squire (sic) to try the justice

and righteousness of all laws, as well spiritual as temporal,

we verily trust that in such laws as have been made by

us or by our predecessors, the same being sincerely inter-

preted, and after the good meaning of the makers, there

shall be found nothing contained in them but such as may

be well justified by the said rule and squire (sic). And if

it shall otherwise appear, as it is our duty, whereunto we

shall always most diligently apply ourselves, to reform our

ordinances to God's commission and to conform our statutes

and laws, and those of our predecessors, to the determina-

tion of Scripture and Holy Church, so we hope in God,

and shall daily pray for the same, that your highness will,

if there appear cause why, with the assent of your people,

temper your grace's laws accordingly ; whereby shall ensue

a most sure and perfect conjunction and agreement, as

God being lapis angularis to agree and conjoin the same.

And as concerning the requiring of your highness's royal As regards

assent to the authorizing of such laws as have been by our submitting

predecessors, or shall be made by us, in such points and to the king,

articles as we have by good authority to rule and order by this cannot

provisions and laws ; we, knowing your highness's wisdom, mised ;

virtue, and learning, nothing doubt but that the same per-

ceiveth how the granting thereunto dependeth not upon

our will and liberty, and that we, your most humble subjects,

may not submit the execution of our charges and duty,

certainly prescribed by God, to your highness's assent ;

although, of very deed, the same is most worthy for your

most princely and excellent virtues, not only to give your

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[xlvii

royal assent, but also to devise and command what we

but the king's

opinion is

solicited.

should, for good order and manners, by statutes and laws,

provide in the Church.

Nevertheless, considering we may

not so, nor in such sort, restrain the doing of our office in

the feeding and ruling of Christ's people, your grace's sub-

jects, we—most humbly desiring your grace, as the same

has done heretofore, so from henceforth to show your

grace's mind and opinion unto'us, what your highness's

wisdom shall think convenient, which we shall most gladly

hear and follow, if it shall please God to inspire us so to

do—with all submission and humility, beseech the same,

following the steps of your most noble progenitors, and

conformably to your own acts, to maintain and defend such

laws and ordinances as we, according to our calling and by

the authority of God, shall, for His honour, make to the

edification of virtue and the maintaining of Christ's faith,

whereof your highness is defender in name, and has been

hitherto in deed, a special protector.

Furthermore, in the same first article, where your lay

subjects say that sundry of the said laws extend, in certain

causes, to your excellent person, your liberty and preroga-

tive royal, and to the interdiction of your lands and pos-

sessions :

To this your said orators say, in answer to the former

The king will find

that existing

canons do

not injure

his prero-

gative.

article as submitted, that having the trying and examining

of the laws made in the Church, by us or our predecessors,

to the just and straight rule of God's law—which giveth

measure of power, prerogative, and authority to all em-

perors, kings, princes, and potentates, and all other—we

have such estimation, and have conceived such opinion of

your highness's goodness and virtue, that whatsoever any

persons, not so well learned as your grace is, will pretend

unto the same, whereby we, your most humble subjects,

might be brought into your grace's displeasure and indigna-

tion, submitting that we should by usurpation and pre-

xlvii] HISTORY OF THE ENGLISH CHURCH 159

sumption extend our laws to your most noble person,

prerogative, and realm, yet the same your highness being

so highly learned will, of your own most bounteous good-

ness, facilely discharge and deliver us from that contention—

the matter whereof not well understood is hateful—when

it shall appear that no such laws be made by us, nor, as far

as we perceive and remember, by our predecessors neither,

nor finally no laws, as we verily trust, but such as be good,

wholesome, and convenient and maintainable by the word

of God and the determination of Christ's Catholic Church.

Furthermore, there be joined, with mention of your

Except in

grace's person, other griefs that likewise some of the said

cases of

heresy,

laws extend to the goods and possessions of your said lay

they do

subjects, declaring the transgressors not only to fall into

not con-

fiscate goods

the terrible censures of excommunication, but also to the

or excom-

detestable crime of heresy. To this we, your grace's said

municate

orators, answer that we remember no such ; and yet if

there be any such, it is but according to the common law

of the Church, and also to your grace's laws, which deter-

mine and decree that every person, spiritual or temporal,

condemned of heresy shall forfeit his moveables or immove-

ables to your highness, or to the lord spiritual or temporal

that by law hath right to them. Other statutes we remember

none that toucheth the loss of their lands or goods. If

there be, good it were that they were brought forth to be

weighed and pondered accordingly as above.

Item, where they say that for fear of the said pains and

As regards

censures comprised in the said laws, divers of your lay

the laws of

subjects be brought into this ambiguity, whether they may

the realm,

do and execute your grace's laws, according to your juris-

have no

diction royal of this your realm :

desire to

interfere

To this your said orators answer and say, that they be

with their

sorry that they, being your most humble subjects in heart,

course.

should be noted to be let or impediment to the execution

of your grace's laws. For we your said orators are, have

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1582. been, and ever intend to be of that humble reverent mind toward your grace's highness, and of that charitable affection toward our ghostly children, your lay people and subjects, that, in our conscience, we neither yet have given to your worshipful Commons any just cause so to note us, neither during our lives intend to make any impeachment otherwise than by our most humble suit unto your highness, and giving advice and counsel or doctrine to your lay subjects, to consider the right and justice of such matters as, in the making or executing, might appear to be to the great prejudice of the liberties of Christ's Church ; but rather to endure and sustain patiently, as we do, the same. And if we be otherwise a let than thus, or as ministers of God's word in the feeding and ruling of your grace's people in spiritual food, doctrine, and correction, according to the determination of Christ's Catholic Church, your highness shall find no difficulty of our reformation.

As regards Item, as touching the second principal article of the said vexatious supplication, where they say that divers and many your summoning of people grace's obedient subjects, and especially they that be of the poorest sort, be daily called before us, the special ordinaries or commissaries and substitutes ex officio—sometime at the pleasure of us, the said ordinaries or commissaries and substitutes, for displeasure, without any probable cause, and sometime at the only promotion of our summoners, being light and indiscreet persons, without any credible fame first proved against them, and without any presentment in the visitation or lawful accusation :

To this we, your grace's said orators, do answer and say, and first we most humbly desire your highness by your high wisdom and learning to consider, that albeit, in the ordering of Christ's people, your grace's subjects, God, of His special goodness assisteth His Church, and inspireth by the Holy Ghost, as we verily trust, such wholesome rules and laws as tend to the wealth of His elect folk, the increase

xlvii] HISTORY OF THE ENGLISH CHURCH 161

and augmentation of His faith, honour, and glory—yet, upon 1532.

consideration to man unknown, His infinite wisdom leaveth and permitteth men to walk in their infirmity and frailty.

So that we cannot, nor will, arrogantly presume of ourselves, as though, being in name spiritual men, we were also all, in all our acts and doings, clean and void from all temporal affections and carnality of this world, in that the laws of the Church made for spiritual and ghostly purpose be not sometimes applied to worldly intent; which we ought and do lament (as becometh us) very sore. Nevertheless, inasmuch as the evil acts and deeds of men be the more defaults of those particular men, and not of the whole order of the clergy, nor of the laws wholesomely by them made, our request and petition shall be, with all humility and reverence, that all laws well made be not therefore called evil, because at all times, and by all men, they be not well executed, and that in such defaults as shall appear, such distribution may be used as St. Paul speaketh of: ut unusquisque onus suum portet, and remedy to exhibit to reform the offenders; unto the which your highness shall perceive as great towardness in your said orators as can be required upon declaration of the particulars and special articles in that behalf. And other answer than this, cannot be made in the name of your whole clergy, considering that, in many of the particularities which be alleged as defaults, if the whole clergy should confess or deny them, they be not all true or all false generally in the whole; for though in multis offendimus omnes, as St. James saith, yet not in omnibus offendimus omnes; and the whole number can neither justify nor condemn particular acts to them unknown but thus. He that calleth a man ex officio for correction of sin doeth well. He that calleth men for pleasure and vexation doeth evil. Summoners should be honest men. If they offend in their office, they should be punished.

To prove first the same, before men be called, it is not M

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necessary. He that is called according to the laws ex officio or otherwise cannot complain. He that is otherwise ordered should have, by reason, convenient recompence and so forth ; that that is well to be allowed, and misdemeanour, when it appeareth, reproved.

Prison Item, where they say in the same article that upon their has only appearance ex officio at the only pleasure of us the said been used ordinaries or commissaries and their substitutes, they be for safe committed to prison without bail or mainprize, and there custody in heresy cases, and not in any notable instances. they lie, some half a year or more, before they come to their deliveraunce : To this your said orators answer, we use no person before conviction but for sue custody, only of such as be suspected of heresy, in which crime, thanked be God, there has fallen no such notable personage, in our time, or of such qualities as hath given occasion of any sinister suspicion to be conceived of malice or hatred to his person other than the heinousness of that crime deserveth.

Truth it is that certain apostates, friars, monks, lewd priests, bankrupt merchants, vagabonds, and lewd idle fellows of corrupt intent, have embraced the abominable and erroneous opinions lately sprung in Germany, and by them some seduced in simplicity and ignorance. Against these, if justice has been exercised according to the laws of the Church, and conformably to the laws of this realm, we be without blame. If we have been too slack and remiss, we shall gladly do our duty from henceforth. If any man hath been under pretence of this [crime] particularly offended, it were pity to suffer any man wronged ; and thus it ought to be, and otherwise we cannot answer, no man's special case being declared in the said petition.

No man Item, where they say further that they so appearing ex ought to be entrapped officio be constrained to answer to many subtle questions and making interrogatories, by the which a simple, unlearned, or dangerous else a well-witted layman without learning, sometime is, and admis- commonly may be, trapped and induced to the peril of open

xlvii] HISTORY OF THE ENGLISH CHURCH 163

penance, to their shame, or else to redeem the same penance 1532

for money, as is commonly used: To this your said orators sions,

answer, we should not use subtlety, for we should do all as they

things plainly and openly; and if we do otherwise, we do know no

amiss. We ought not to ask questions, but after the capa- one has

cities of the man. Christ hath defended His true doctrine wrong-

and faith in His Catholic Church from all subtlety, and so fully.

preserved good men in the same, as they have not (blessed

be God) been vexed, inquieted, or troubled in Christ’s

Church therefor, and evil men fall in danger by their own

subtlety; for among all other matters protested before God,

we neither have known, read, or heard of any one man

damaged, hurt, or prejudiced by spiritual jurisdiction in

this behalf, neither in this realm nor any other, but only

by his own deserts. Such is the goodness of God in main-

taining the cause of His Catholic faith.

Item, where they say that they be compelled to do open Commu-

penance, or else to redeem the same for money: To this tation of

your said orators answer; as for penance, [it] consisteth in the penance

arbitre of a judge who ought, without affection, enjoin such tain cases

penance as might profit for correction of the fault. Where- a com-

fore we disallow that judge’s doing, who taketh money for thing.

penance, for lucre or advantage, not regarding the reforma-

tion of sin as he ought to do; but when open penance

may sometime work in certain persons more hurt than

good, it is commendable and allowable in that case to

punish by the purse and preserve the fame of the party;

foreseeing alway the money be converted in usus pios et

eleemosynam; and thus we think of the thing, and that the

offenders herein should be punished.

Item, where they complain that two witnesses be ad- As regards

mitted, be they never so defamed, of little truth and permitting

credence, adversaries or enemies to the parties, yet in nesses of

many causes they may be allowed by the discretions of insufficient

the said ordinaries, their commissaries or substitutes, to put

M 2

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[xlvii

1532 the party accused or defamed, of office, to open penance,

to give and then to redemption for money, so that every of your

evidence, subjects, upon the only will and pleasure of the ordinaries,

it has al- their commissaries and substitutes, without any accuser,

ways been allowed in heresy proved fame, or presentment, is, or may be, infamed, vexed,

cases. and troubled, to the peril of their lives, their shames, costs,

and expenses :

To this your said orators answer, the Gospel of Christ

teacheth us to believe two witnesses ; and as the cause is,

so the judge must esteem the qualities of the witness, and

in heresy no exception is necessary to be considered if

their tale be likely; which hath been highly provided, lest

heretics, without jeopardy, might else plant their heresies in

lewd and light persons, and, taking exception to the witness,

take boldness to continue their folly. This is the universal

law of Christendom and hath universally done good. Of

They any injury done to any man thereby, we know not.

would Item, where they say that it is not intended by them to

be dis- take away from us our authority to correct and punish sin,

from try- and especially the detestable crime of heresy :

ing heresy To this your said orators answer, in the persecution (sic) of

if it were heretics we regard our duty and office whereunto we be

God's will called, and if God would discharge us thereof, or cease that

plague universal—as by your mighty hand, and directing the

hearts of princes, and specially of your highness (laud and

thanks be unto Him), His goodness doth commence and

begin to do:—we should and shall have great cause to rejoice,

as being our authority therein costly, dangerous, full of

trouble and business, without any fruit, pleasure, or com-

modity worldly, but a continual conflict and vexation, with

pertinacity, wilfulness, folly, and ignorance, whereupon fol-

loweth their bodily and ghostly destruction, to our great

sorrow and lamentation.

More Item, where they desire that, by the assent of your high-

rigorous ness, if the laws heretofore made be not sufficient for the

xlvii] HISTORY OF THE ENGLISH CHURCH 165

repressing of heresy, that more dreadful and terrible may 1532

be made. To this your said orators answer, this is un- laws are

doubtedly a more charitable request than (as we trust) necessary

necessary, considering that by the aid of your highness,

the pains of your grace's statutes already made, freely exe-

cuted, your realm may be, in short time, clean purged from

the few small dregs that do remain, if any do remain.

Item, whereas they desire some reasonable declaration No new

may be known to your people how they may (if they will) directions

avoid the peril of heresy: To this your said orators and avoiding

bedesmen say and answer, that there can be no better heresy are

declaration known than is already by our Saviour Christ,

the apostles, and the determination of the Church, which

if they keep they shall not fail clearly to eschew heresy.

Item, where they desire that some charitable fashion may The

be devised by your most excellent wisdom for the calling present

of any your subjects before them, that it shall not stand in procedure

in heresy the only will and pleasure of the ordinaries, at their own is suffi-

imagination, without lawful accusation, proved fame by cient, and

honest witness, presentment in the visitation, or other lawful takes

presentment according to your laws, or by such other

charitable means as shall be thought by your most excel-

lent wisdom measurable in that behalf for the quietness

of your subjects: To this your said orators answer, that

a better provision cannot be devised than is already devised

by the clergy, in our opinion; and if any default appear in

the execution, it shall be amended upon the declaration of

the particulars and the same proved.

Item, where they say that your grace's subjects be origin- As to

ally accited to appear out of the diocese that they dwell in, summons

and many times be suspended and excommunicated for diocese

small and light causes upon the only certificate devised and exces-

by the proctors, &c., and that also your said most humble sive fees,

and obedient subjects find themselves grieved with the bishop is

great and excessive fees taken in the spiritual courts, &c. : already

reforming

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To this article—for because it concerneth most specially his courts, the spiritual courts of me (sic), the Archbishop of Canterbury and the officials thereof have been usefull to the king.

—please it your grace to understand that about twelve months past I reformed certain things objected here ; and now, within these ten weeks, I reformed many other things in my said courts, as it is I suppose not unknown unto your grace's Commons ; and some of the fees of the officers in my courts I have brought down to halves, some to the third part, and some wholly taken away and extinguished ; and yet it is objected as though I had taken no manner of reformation therein. Nevertheless I will not cease yet ; but in such things as I shall see your grace's Commons most offended, I will set some redress accordingly, so as I trust your grace's worshipful Commons will be contented in that behalf. And I, your grace's most humble chaplain the said Archbishop of Canterbury, entirely beseech your grace to consider what high services the doctors of civil [law], which have been brought up and had their experience and practice in my said poor courts, have done to your grace and your grace's most noble progenitors concerning treaties, truces, confederations, and leagues, drawn, devised, and concluded with outward princes ; and how that, without such learned men in civil law, your most noble grace and your progenitors could not have been so honourably and so conveniently served in that behalf, as at all times you and they have been, which thing percase, when such learned men in civil law shall fail within this your realm, will appear more evident than it doth now. The decay whereof grieveth me to foresee and remember, not so greatly for any cause concerning specially the pleasure or profit of myself, being a man spent, and at the point to depart this world, and having no penny of any advantage by my said courts, but principally for the good love and zeal that I bear to the honour of your most noble grace and of this your realm, that it may continue in as high estimation in outward

xlvii] HISTORY OF THE ENGLISH CHURCH 167

realms, by the honourable service of learned men in civil law, being ambassadors, after my death, as it hath at all times hitherto; of which learned men having good experience, your grace shall not fail to have good choice, when time shall require, if the doctors of my court, the Arches, may be entertained there, as they have been in times past, being there for a season practising and preparing themselves to be able to do your grace acceptable service when your grace shall call them and command them. And albeit there is, by the assent of the Lords temporal and the Commons of your Parliament, an Act passed thereupon The recent Act, passed already, the matter depending afore your majesty by way of supplication offered up unto your highness by your said Commons; yet, forasmuch as we, your grace's most humble of the bishops, is chaplains, the archbishops of Canterbury and York, be an undestraightly bounden by oath to be intercessors for the right served invasion of our churches, and forasmuch as the spiritual prelates of the clergy, being of your grace's Parliament, consented rights of not to the said Act, for divers great causes moving their Canter-bury and consciences, we, your grace's said chaplains, in our most York.

humble manner show unto your highness that it hath appertained to the archbishops of Canterbury and York, the right of their churches for the space of four hundred years or thereabouts, to have spiritual jurisdiction over all them your grace's subjects dwelling within their provinces, and to have authority to call them before them by citation, not only in spiritual causes devolved to them by way of appeal, but also by way of quæstimony and complaint; which right and privilege pertaineth not only to the persons of the said archbishops, but also to the dignities and the pre-eminences of their churches. Insomuch as when the archbishop of either of the sees dieth, the said privileges do not only remain to his successor (by which he is named Legatus natus), but also, in the mean time of vacation, the same privilege resteth in the churches of Canterbury and York,

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1532 and is executed by the prior, dean, and chapters of the said

churches ; and so the said Act is directly against the liberty

and privileges of the churches of Canterbury and York, law-

fully prescribed by so long time as is aforesaid ; and what

dangers be to them which study and labour to move and

induce any persons to break or take away the liberties and

privileges of the Church, whoso will read the general

Councils of Christendom and holy canons of the fathers of

the Catholic Church ordained in that behalf, shall soon

perceive, as well as though they were here expressed. And

further we think verily that our churches, to whom the said

privileges were granted, can give no cause why the pope

himself (whose predecessors granted that privilege) or any

other (the honour of your grace ever except) may justly

take away the same privilege, so lawfully prescribed, from

our churches, though we had greatly offended, abusing the

said privileges : but where, in our persons, we trust we have

given no cause why to lose that privilege, we most entirely

and most humbly beseech your grace that, of your super-

abundant goodness and absolute power, it may please the

same to set such an order and direction in this behalf as we

may enjoy the privileges of our churches, lawfully prescribed

and admitted so long as before, by the consent of your most

noble grace, your progenitors, the temporal lords and spiri-

tual prelates, and all the Commons, both spiritual and

temporal, of this your grace's realm.

Executors Item, where they say that the executors be put to travel

are not as to far places out of the shire they dwell in:

a rule summoned To this we, your grace's said orators, answer that there be

to go un- none so far called, unless it be by my lord of Canterbury by

reasonable virtue of his prerogative, approved by a statute lately by

distances. them (as much as in them is) passed. And as touching

inferior ordinaries, having ample and large jurisdictions and

dioceses, there be, in every shire for the most part appointed

and remaining, certain commissaries, officials, or substitutes

xlvii] HISTORY OF THE ENGLISH CHURCH 169

for the expedition of testaments and other causes, except it

be so that the parties themselves will come further for the

same cause, or that the bishop or his officer does sometime

upon consideration—for that the testament containeth many

and great legacies or such other—does call the executors

before them where they be; which they may do, by the

common rule of the laws of the Church, within any part of

their dioceses.

Item, where they complain that there is exacted and

demanded in divers parishes of this your realm, other

manner of tithes than hath been accustomed to be paid

this hundred years past, and in some parts of this your realm

there is exacted double tithes, that is to say, threepence

or twopence half-penny, for one acre, over and beside the

tithe for the increase of the cattle that pastureth the

same :

To this we, your grace's said orators, answer that tithes

being due by God's law, be so duly paid (thanked be God)

by all good men, as there needeth not any exaction or

demand in the most parts of this your grace's realm. As

for double tithes, [they] cannot be maintained due for one

increase ; whether it be in any place unduly exacted or no,

in fact, we know not. This we know in learning, that

a hundred years, nor seven hundred, of non-payment may

not debar the right of God's law. The manner of payment

and person unto whom to pay may be, in time, altered, but

the duty cannot, by any means, be taken away.

Item, where they say that where any mortuary is due, Mortuaries

sometime curates, before they will demand it, will bring

citation for it, and then will not receive the mortuaries for before

till he (sic) may have such costs as he says he has laid out

for the suit of the same, where, indeed, if he would have

charitably first demanded it, he needed not to have sued

for the same, for it should have been paid with good will

To this we, your said orators, answer that these curates

As regards

the tithes,

they are

due by

God's law

and the

right can-

not lapse.

ought not

to be sued

oppor-

tunity of

payment

has been

given.

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1532 thus offending, if they were known, ought to be punished:

but who thus doeth, we know not.

Fuller in- Item, where they say that if any spiritual person has

formation as to insuf- obtained the possession of any profit for the time of thirty

ficient titles is or forty years, albeit such profit began sometime by suffre-

needed before an- ment, sometime by devotion, yet it is said that the said

swer can be made. prescription maketh a good title in the law against any lay

person, which things be used to the importable charges of

your subjects :

To this we, your said orators, answer that true it is that

the time of thirty or forty years maketh a lawful prescription

by the law used and approved throughout all Christendom ;

but whether, by the reason of the same, any importable

charges be put upon your subjects, we know not, but surely

trust the contrary ; otherwise we cannot determinately

answer, except the specialty were disclosed.

The fees for Item, where they say that divers spiritual persons—being

induction have been presented, as well by your highness as by other patrons

moderate. within this your realm, to divers benefices and other spiritual

promotions—we, the said ordinaries and our ministers, do not

only take of them, for their letters of institutions and induc-

tions, many great and large sums of money and reward, &c. :

To this we, your said orators, answer that this is a particular

abuse, and he that taketh rewards doeth not well ; and if

any penny be exacted above the accustomed rate usually

received, and after a convenient proportion, it is not well

done ; but in taking the accustomed fees for the sealing,

writing, and registering of the letters, which is very mode-

rate, we cannot think it reputed as any offence ; neither

have not heard any priests, by our days, complain of any

excess therein.

Bonds made Item, where they say in the same-article that such as be

during vacancies presented to benefices, as aforesaid, be long delayed, without

are illegal reasonable cause, to the intent that we, the ordinaries, may

have the profit of the benefice during the vacation, unless

xlvii] HISTORY OF THE ENGLISH CHURCH 171

they will pact and convent with us by temporal bonds, after 1532

such fashion and condition as we will, whereof some bonds

contain that we, the ordinaries, should have part of the profit

of the said benefices after their institution, so that they,

being once presented or promoted as is aforesaid, be by us,

the said ordinaries, sometime uncharitably handled, not only

to the hurt of the lay patrons, but also to the hindrance and

impoverishment of their clerks by them presented, which

your said subjects suppose not only to be against right and

good conscience, but also seemeth to be simony and con-

trary to the laws of God :

To this we, your grace's humble orators, do say that

a delay without reasonable cause, and for a luccature

[lucrative?] intent, is detestable in spiritual men, and the

doers cannot eschew punishment, the same being proved ;

but otherwise a delay is sometimes expedient to examine

the clerk, and sometimes necessary where the title is in

variance. All other bargains and covenants, being contrary

to the law, ought to be punished, as the quality is of the

offence, more or less, as simony or inordinate covetousness,

with condign pains accordingly ; but in facts particular and

special defaults the whole clergy cannot give no more

special answer than this.

Item, where they say that we give benefices to our Presenta-

nephews and kinsfolk, being in young age or infants, whereby tion of

the cure is not substantially looked unto, nor the parishioners relations

and young people is taught as they should be : To this we, your humble orators,

say that that thing which is not lawful in others is in if the

spiritual men more detestable. Benefices should be dis- stipend

posed not secundum carnem et sanguinem sed secundum their

merita. And where this is a default it is not authorized by education.

the clergy as good, but reproved ; wherefore, in this, the

clergy is not to be blamed, but the default (as it may

appear) laid to particular men, and not to be answered unto

otherwise by the whole clergy.

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Item, where they say that we, your said orators, take the profit of such benefices for the time of minority of our said kinsfolk :

To this your said orators answer that if it be done to our own use and profit, it is not well, but to be reformed in such as do use the same ; otherwise, if it be bestowed to the bringing up and use of the same parties, or applied to the maintenance of the Church and God's service, or distributed among poor people of the parish or elsewhere, we do not see but that it may be allowed.

As regards the exces- sive number of holy days

abusus non tollit usum.

Item, where they say that they think a great number of holy days which now at this present time, with very small devotion, be solemnized and kept throughout this your realm, upon the which many great, abominable, and execrable vices, idle and wanton sports be exercised and used, which holy days (if it might stand with your grace's pleasure), and especially such as fall in the harvest, might by your majesty, by the advice of your most honourable council, prelates, and ordinaries, be made fewer in number, and these that shall hereafter be ordained may be the more devoutly, religiously, and reverently observed in the law of Almighty God and to the increase of your highness's honour and fame :

To this we, your said orators and bedesmen, answer that we be right heavy in our hearts to hear that any such abominable or execrable vice should be used at any time, and especially on the holy day ; whereunto we intend hereafter to have a special regard for the reformation of the same with all diligence.

Moreover we, your said bedesmen, say that we think (your grace's highness not offended) it is neither reasonable nor convenient that a thing that is instituted by our holy fathers and predecessors, to the honour of God and His blessed saints, should be taken away for the abuse of the same, seeing that there is nothing so good, but it may be abused, as the blessed Sacrament of the altar and all other holy sacraments ; which no good Christian man

xlvii] HISTORY OF THE ENGLISH CHURCH 173

will think that, for such abuse, they should be taken away,

but rather the abuse to be amended and reformed. And

as touching the holy days in harvest, there be in August

but Saint Laurence, the Assumption of our Blessed Lady,

Saint Bartholomew, and in September the Nativity of our

Lady, the Exaltation of the Cross, and Saint Matthew the

Apostle, before which days harvest is commonly ended.

And to take away any of these, we suppose, no man will be

contented, seeing that they be of so great antiquity, and

incorporated in the law, and of them that be so high in the

favour of God, by whose intercession and means we may

the better obtain His favour towards us in His benefits,

which is specially to be regarded in the harvest time.

Item, where they say that divers and many spiritual

The secular persons, not contented with the convenient livings and pro-

motions of the Church, daily intromit and exercise them-

selves in secular offices and rooms, as stewards, receivers,

auditors, bailiffs, and other temporal offices, withdrawing

The employment of clergy may cases be allowed.

themselves from the good, contemplative life that they have

professed into the service of God, not only to the damage

but also to the perilous example of your loving and obedient

subjects : To this we, your said bedesmen and orators, answer

that beneficed men may lawfully be stewards and receivers

to their own bishops, as it evidently appeareth in the laws

of the Church ; and we, by the said laws, ought to have no

other. And as for priests to be auditors and bailiffs, we

know none such.

And where, finally, they, in the conclusion of their suppli-

The ill-will cation, do repeat and say that forasmuch as there is at this

asserted between present time, and by a few years past hath been, much

clergy and misdemeanour and violence upon the one part, and much

laity, default and lack of patience, sufferance, charity, and good will

on the other part, [and] a marvellous discord of the quiet

and godly peace and tranquillity, that this your realm hath

heretofore been in, ever hitherto, through your politic wisdom,

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1532

in most honourable fame and catholic faith, inviolably preserved :

and the

cases of

violence :

it has not

been so,

unless

reference

be to pro-

cedure in

heresy

cases.

To the first part thereof, as touching such discord as is reported, and also the misdemeanour which is imputed to us and our doings, we trust we have sufficiently answered to the same as above, humbly beseeching your grace, of your most excellent goodness, so to esteem and weigh the premises, as well our such answer as the contents of their supplication, as shall be thought good and expedient by your highness's wisdom. Furthermore we ascertain your grace as touching the violence which they seem to lay to our charges, albeit divers of the clergy of this your realm have sundry times been rigorously handled, and with much violence entreated by certain ill-disposed and seditious persons of the lay fee, so injured in their own persons, thrown down in the kennel in the open street at mid-day, even here, within your city and elsewhere, to the great reproach, rebuke, and disquietness of the clergy and ministers of God's Church within this your realm, the great danger of souls of the said misdoers, and perilous example of your said subjects. Yet we think verily, and do affirm the same, that no violence hath been so used on our behalf towards your said lay subjects in any case ; unless they do esteem this to be violence that we do commonly use, as well for the health of their souls as for the discharge of our duties, in taking, examining, and punishing of heretics according to the law ; wherein we doubt not but that your grace and divers of your grace's subjects do right well perceive and understand what charitable demeanour and entreaty we have used with such as have been before us for the same cause of heresy, and what means we have devised and studied for favour and safeguard specially of their souls, and that so charitably (as God be our judge) and without all violence as we could possibly devise. In execution whereof, and also of other the laws of the Church for

xlvii] HISTORY OF THE ENGLISH CHURCH 175

repression of sin and reformation of mislivers, it hath been

to our great comfort that your grace and most excellent

highness hath herein, of your benign goodness, assisted and

aided us, the said ordinaries and ministers of God's Church,

in this behalf for the great zeal and entire love which your

grace beareth to God, His Church, and His ministers, specially

in the defence of His faith, whereof your grace only and

most worthily amongst all Christian princes beareth the

title and name.

And as to their final petition and conclusion we, your

They ask

grace's said most humble bedesmen, in our most lowly

the king's

wise beseech your grace's majesty—in case there be any

assistance

in carrying

such marvellous discord and grudge amongst your subjects

out their

spiritual

as is reported in the said supplication—all the premises

office.

considered and tendered by your great politic wisdom,

to repress the misdoers and such as be the occasion of

the said marvellous discord, and to reconcile and bring to

perpetual unity your said subjects. For in this behalf we,

your grace's said orators and humble bedesmen, protest in

our consciences that we find, in our behalf, no such grudge

nor displeasure towards your lay subjects, our ghostly

children, as above. We therefore, your most humble bedes-

men and orators, beseech your grace's highness—upon the

tender zeal and entire love which your grace doth bear to

Christ's faith and to the laws of His Church, specially in

this your grace's own realm—of your accustomed and

incomparable goodness unto us your said bedesmen,

to continue our chief protector, defender, and aider in

and for the execution of our office and duty, specially

touching repression of heresy, reformation of sin, and due

behaviour and order in the premises of all your grace's

subjects, spiritual and temporal, which (no doubt thereof)

shall be much to the pleasure of God, great comfort

to many's souls, quietness and unity of all your whole

realm, and, as we think verily, most principally to the great

176

DOCUMENTS ILLUSTRATIVE OF THE [xlvii

1532. comfort of your grace's majesty, which we beseech lowly upon our knees, so entirely as we can, to be the author of unity, charity, and concord as above, for whose preservation we do and shall continually pray to Almighty God long to reign and prosper in most honourable estate to His pleasure.

XLVIII.

THE SUBMISSION OF THE CLERGY, A. D. 1532.

1532. By the following document, agreed to by Convocation on May 15, 1532, and handed to the king on the following day, the clergy made their submission to the king's demands The transcript below is taken from a regularly certified copy from the Register of Convocation, which copy is now preserved amongst the State Papers A contemporary draft of the preceding, with some verbal differences and an extra article, is also preserved amongst the State Papers (S P Hen VIII, v. 1023 ii ). Its material difference is the omission of the word new Its precise relation to the one here printed is not quite clear Presumably the one agreed to by Convocation is that given below. The words contained in square brackets are those in which 1023 i differs from the text of 1023 ii. ; these differences are given in the foot-notes Many verbal differences will be noticed between both these forms here given and that printed by Collier ix 97, and other authorities who quote him ; his basis is Cotton MS. Cleop F, vi. fol. 96.

[S P. Henry VIII. v. No. 1023 i.]

The clergy

We your most humble subjects, daily orators and beseeching with all confidence in your most excellent wisdom, your princely goodness and fervent zeal to the promotion of God's honour and Christian religion, and also in your learning, far exceeding, in our judgment, the learning of all other kings and princes that we have read of, and doubting nothing but that the same shall still continue and daily increase in your majesty—

do pro-mise :

xlviii] HISTORY OF THE ENGLISH CHURCH 177

First, do offer and promise, in verbo sacerdotii, here unto 1532.

your highness, submitting ourselves most humbly to the (1) Not to make any same, that we will never from henceforth [enact 1], put in new ure 2; promulgate, or execute, any [new canons or constitutions canons provincial, or any other new ordinance, provincial or without synodal 3], in our Convocation [or synod 4] in time coming, licence and which Convocation is, always has been, and must be, ratification. assembled only by your highness' commandment of writ, unless your highness by your royal assent shall license us to [assemble our Convocation, and 5] to make, promulgate, and execute [such constitutions and ordinances as shall be made in 6] the same; and thereto give your 7 royal assent and authority.

Secondly, that whereas divers [of the 8] constitutions, [or- (2) To submit previous canons, provincial [or synodal 10], which have been heretofore enacted, be thought to be not only much pre- judicial to your prerogative royal, but also overmuch onerous to your highness' subjects, [your clergy aforesaid is contented, on condition that it may stand so with your highness' pleasure, that 11] it be committed to the examination and judgment [of your proved be put in grace, and 12] of thirty-two persons, whereof sixteen to be of force. the upper and nether house of the temporality, and other sixteen of the clergy, all to be chosen and appointed by your [most noble grace 13]. So that, finally, whichsoever of the said constitutions, [ordinances, or canons, provincial or synodal 14,] shall be thought and determined by [your grace and by 15] the most part of the said thirty-two persons [not to stand with God's laws and the laws of your realm, the same 16] to be abrogated and [taken away by your grace and the 17] to be abrogated and [taken away by your grace and the

1 presume to attempt, allege, claim, or yet. 2 Add. or to enact.

3 canons, constitutions or ordinance provincial, or by any other name whatsoever they may be called.

4 Om. 5 Om. 6 Om. 7 Add. most.

8 Om 9 Om 10 Om. 11 Om. 12 Om.

13 highness 14 Om. 15 Om. 16 Om.

17 Add worthy.

N

178

DOCUMENTS ILLUSTRATIVE OF THE

1532. clergy ; and such of them as shall be seen by your grace,

and by the most part of the said thirty-two persons, to stand

with God's laws and the laws of your realm, to stand in

full strength and power, your grace's most royal assent and

authority 1] once impetrate and fully given to the same.

XLIX.

THE CONDITIONAL RESTRAINT OF ANNATES,

A. D. 1532.

23 Henry VIII, cap. 20.

1532. The payment of annates, or first-fruits, i. e. one year's profit of

spiritual livings, to the pope had already been the subject of legis-

lation ; their payment is, by the following Act, conditionally re-

strained. This restraint was made absolute in the following year

(post, No. LII). The record known as the Valor Ecclesiasticus—a

survey or valuation of all ecclesiastical benefices throughout England

and Wales—is the return compiled by Henry VIII's direction after

the absolute restraint of these payments to Rome had been enacted ;

before that compilation they had been calculated upon the taxation of

Pope Nicholas IV, A. D. 1291 (see Bird's Handbook to the Public

Records, pp. 100 and 106). This Act was passed in the session of

Parliament, Jan.-Mar. 1532.

[Transcr Statutes of the Realm, iii 385]

Great sums

conveyed

to Rome

for first-

fruits of

arch-

bishoprics

and

bishoprics

Forasmuch as it is well perceived, by long-approved

experience, that great and inestimable sums of money have

been daily conveyed out of this realm, to the impoverish-

ment of the same ; and specially such sums of money as

1 annulled, the same to be afterwards taken away by your most

noble grace and the clergy, and to be abolite as of no force nor

strength. Thirdly, that all other of the said constitutions and canons

being viewed and approbate by the said thirty-two persons, which by

the most part of their judgments do stand with God's law and your

highness', to stand in full strength and power, your grace's most royal

assent

xlix] HISTORY OF THE ENGLISH CHURCH 179

the pope's holiness, his predecessors, and the Court of

Rome, by long time have heretofore taken of all and

singular those spiritual persons which have been named,

elected, presented, or postulated to be archbishops or

bishops within this realm of England, under the title of

annates, otherwise called first-fruits : which annates, or first-

fruits, heretofore have been taken of every archbishopric,

or bishopric, within this realm, by restraint of the pope's

bulls, for confirmations, elections, admissions, postulations,

provisions, collations dispositions, institutions, installations,

investitures, orders, holy benedictions, palls, or other things

requisite and necessary to the attaining of those their pro-

motions ; and have been compelled to pay, before they could

attain the same, great sums of money, before they might

receive any part of the fruits of the said archbishopric, or

bishopric, whereunto they were named, elected, presented,

or postulated ; by occasion whereof, not only the treasure

The nation

of this realm has been greatly conveyed out of the same, thereby im-

but also it has happened many times, by occasion of death, poverished

unto such archbishops, and bishops, so newly promoted,

within two or three years after his or their consecration,

that his or their friends, by whom he or they have been

and the

holpen to advance and make payment of the said annates,

those pro-

or first-fruits, have been thereby utterly undone and im-

moted often

poverished:

ruined.

And for because the said annates have risen, grown, and Increase

in papal

increased, by an uncharitable custom, grounded upon no

just or good title, and the payments thereof obtained by

demands.

restraint of bulls, until the same annates, or first-fruits, have

been paid, or surety made for the same ; which declares

the said payments to be exacted, and taken by constraint,

against all equity and justice :

The noblemen, therefore, of the realm, and the wise, sage,

stances

Circum-

politic Commons of the same, assembled in this present

which have

Parliament, considering that the Court of Rome ceases not led to this

N 2

180

DOCUMENTS ILLUSTRATIVE OF THE [xLix

1532

to tax, take, and exact the said great sums of money, under

Act of re-

the title of annates, or first-fruits, as is aforesaid, to the great

straint.

damage of the said prelates and this realm ; which annates,

or first-fruits, were first suffered to be taken within the same

realm, for the only defence of Christian people against the

From

infidels, and now they be claimed and demanded as mere

2 Hen. VII

duty, only for lucre, against all right and conscience : inso-

£160,000

much that it is evidently known, that there has passed out

paid in

of this realm unto the Court of Rome, since the second

first-fruits.

year of the reign of the most noble prince of famous

memory, King Henry VII, unto this present time, under

the name of annates, or first-fruits, paid for the expe-

dition of bulls of archbishoprics, and bishoprics, the sum

of eight hundred thousand ducats, amounting in sterling

money, at the least, to eight score thousand pounds, besides

other great and intolerable sums which have yearly been

conveyed to the said Court of Rome, by many other ways

and means, to the great impoverishment of this realm :

The re-

And albeit that our said sovereign the king, and all his

straint of

natural subjects, as well spiritual as temporal, be as

annates

obedient, devout, catholic, and humble children of God

does not

and Holy Church, as any people be within any realm

indicate

christened ; yet the said exactions of annates, or first-fruits,

unfaithful-

is considered and declared, by the whole body of this

ness to

realm now represented by all the estates of the same

God and

assembled in this present Parliament, that the king's high-

Holy

ness before Almighty God is bound, as by the duty of

Church.

a good Christian prince, for the conservation and preserva-

Considered

tion of the good estate and commonwealth of this his realm,

in

to do all that in him is to obviate, repress, and redress the

Parliament

said abuses and exactions of annates, or first-fruits : and

that, for

because that divers prelates of this realm be now in

good of

extreme age, and in other debilities of their bodies, so that

common-

of likelihood bodily death in short time shall or may succeed

wealth,

king bound

to repress

annates.

xlix] HISTORY OF THE ENGLISH CHURCH 181

unto them ; by reason whereof great sums of money shall

shortly after their deaths be conveyed unto the Court of

Rome, for the unreasonable and uncharitable causes above-

said, to the universal damage, prejudice, and impoverish-

ment of this realm, if speedy remedy be not in due time

provided :

It is therefore ordained, established, and enacted, by

All payments, authority of this present Parliament, that the unlawful

other than are de-

payments of annates, or first-fruits, and all manner contri-

clared in this Act,

butions for the same, for any archbishopric or bishopric,

shall cease.

or for any bulls hereafter to be obtained from the Court of

Rome, to or for the aforesaid purpose and intent, shall from

henceforth utterly cease, and no such hereafter to be paid

for any archbishopric, or bishopric, within this realm, other

or otherwise than hereafter in this present Act is declared ;

and that no manner person nor persons hereafter to be

named, elected, presented, or postulated to any arch-

bishopric, or bishopric, within this realm, shall pay the said

annates, or first-fruits, for the said archbishopric, or bishopric,

nor any other manner of sum or sums of money, pensions,

or annuities for the same, or for any other like exaction, or

cause, upon pain to forfeit to our said sovereign lord the

king, his heirs and successors, all manner his goods and

chattels for ever, and all the temporal lands and possessions

of the same archbishopric, or bishopric, during the time that

he or they which shall offend, contrary to this present Act,

shall have, possess, or enjoy the archbishopric, or bishopric,

wherefor he shall so offend contrary to the form aforesaid.

And furthermore it is enacted, by authority of this present

Power to Parliament, that every person hereafter named and pre-

arch-

sented to the Court of Rome by the king, or any of his

bishops to consecrate heirs or successors, to be bishop of any see or diocese

in England within this realm hereafter, shall be letted, deferred, or hindered

bishops at Rome from ad-

delayed at the Court of Rome from any such bishopric,

whereunto he shall be so presented, by means of restraint

mission to

182

DOCUMENTS ILLUSTRATIVE OF THE [xlix

1532. of bulls apostolic, and other things requisite to the same;

their or shall be denied at the Court of Rome, upon convenient

bishoprics. suit made, any manner bulls requisite for any of the causes

aforesaid, every such person or persons so presented may be,

and shall be, consecrated here in England by the archbishop,

in whose province the said bishopric shall be, so alway that

the same person shall be named and presented by the king

for the time being to the same archbishop :

An arch-

bishop so

hindered

shall be

conse-

crated

by two

bishops,

And if any persons being named and presented, as is afore-

said, to any archbishopric of this realm, making convenient

suit, as is aforesaid, shall happen to be letted, deferred,

delayed, or otherwise disturbed from the same archbishopric,

for lack of pall, bulls, or other things to him requisite, to be

obtained in the Court of Rome in that behalf, that then every

such person named and presented to be archbishop may

be, and shall be, consecrated and invested, after presentation

made, as is aforesaid, by any other two bishops within this

realm, whom the king's highness, or any of his heirs or

successors, kings of England, for the time being, will assign

and appoint for the same, according and in like manner as

as in divers other archbishops and bishops have been heretofore,

ancient in ancient time, by sundry the king's most noble progenitors,

times was made, consecrated, and invested within this realm :

done. And that every archbishop and bishop hereafter, being

Arch-

bishops or bishops

shall be

installed

accepted,

and obeyed

as other

prelates,

named and presented by the king's highness, his heirs or

successors, kings of England, and being consecrated and

invested, as is aforesaid, shall be installed accordingly, and

shall be accepted, taken, reputed, used, and obeyed, as an

archbishop or bishop of the dignity, see, or place whereunto

he so shall be named, presented, and consecrated, requires ;

and as other like prelates of that province, see, or diocese,

have been used, accepted, taken, and obeyed, which have

had, and obtained completely, their bulls, and other things

requisite in that behalf from the Court of Rome. And

and enjoy all spiritu-

alities also shall fully and entirely have and enjoy all the spiritu-

XLIX] HISTORY OF THE ENGLISH CHURCH 183

alities and temporalities of the said archbishopric or 1532.

bishopric, in as large, ample, and beneficial manner, as any and tem-

of his or their predecessors had and enjoyed in the said poralities,

archbishopric or bishopric, satisfying and yielding unto the

king our sovereign lord, and to his heirs or successors,

kings of England, all such duties, rights, and interests, as yielding to

before this time had been accustomed to be paid for any the king

such archbishopric or bishopric, according to the ancient rights, &c

laws and customs of this realm, and the king's prerogative

royal.

And to the intent our said holy father the pope, and the Provision

Court of Rome, shall not think that the pains and labours made for

taken, and hereafter to be taken, about the writing, sealing, of Rome

obtaining, and other businesses sustained, and hereafter to by loss

be sustained, by the offices of the said Court of Rome, for

and about the expedition of any bulls hereafter to be ob-

tained or had for any such archbishopric or bishopric, shall

be irremunerated, or shall not be sufficiently and condignly

recompensed in that behalf; and for their more ready

expedition to be had therein: it is therefore enacted by the

authority aforesaid, that every spiritual person of this realm,

hereafter to be named, presented, or postulated, to any

archbishopric or bishopric of this realm, shall and may

lawfully pay for the writing and obtaining of his or their

said bulls, at the Court of Rome, and ensealing the same

with lead, to be had without payment of any annates, or

first-fruits, or other charge or exaction by him or them to be

made, yielded, or paid for the same, five pounds sterling,

for and after the rate of the clear and whole yearly value

of every hundred pounds sterling, above all charges of any

such archbishopric or bishopric, or other money, to the

value of the said five pounds, for the clear yearly value

of every hundred pounds of every such archbishopric or

bishopric, and not above, nor in any other wise, anything

in this present Act before written notwithstanding.

184

DOCUMENTS ILLUSTRATIVE OF THE [xlix

1532. And forasmuch as the king's highness, and this his High

The Parlia-

Court of Parliament, neither have, nor do intend to use in

ment, not

this, or any other like cause, any manner of extremity or

willing to

violence, before gentle courtesy and friendly ways and

use ex-

means first approved and attempted, and without a very

tremity

great urgent cause and occasion given to the contrary, but

without

principally coveting to disburthen this realm of the said

urgent

great exactions, and intolerable charges of annates, and first-

cause,

fruits, have therefore thought convenient to commit the

have com-

matter to the king, if final order and determination of the premises, in all things,

mitted this

possible to unto the king's highness. So that if it may seem to his

matter to

compound it with the high wisdom, and most prudent discretion,

the king, if

the pope's holiness, and the Court of Rome, amicably,

possible to

charitably, and reasonably, to compound, either to extinct

unto the king's

and make frustrate the payments of the said annates, or

highness. So that

first-fruits, or else, by some friendly, loving, and tolerable

if it may seem

composition, to moderate the same, in such wise as may be

to his

by this his realm easily borne and sustained : that then those

Court of

ways and compositions once taken, concluded, and agreed,

Rome for

between the pope's holiness and the king's highness, shall

annates.

stand in strength, force and effect of law, inviolably to be

charitably,

observed.

and reasonably,

The king

And it is also further ordained, and enacted by the

shall,

authority of this present Parliament, that the king's high-

before the

ness at any time, or times, on this side the feast of Easter,

next Par-

which shall be in the year of our Lord God, one thousand

liament,

five hundred and three and thirty, or at any time on this

declare if

side the beginning of the next Parliament, by his letters

this shall

patent under his great seal, to be made, and to be entered

be a statute

of record in the roll of this present Parliament, may and

or not.

shall have full power and liberty to declare, by the said

letters patent, whether that the premises, or any part, clause,

or matter thereof, shall be observed, obeyed, executed, per-

formed, and take place and effect, as an act and statute of

this present Parliament, or not ; so that if his highness, by his

xlix] HISTORY OF THE ENGLISH CHURCH 185

said letters patent, before the expiration of the terms above limited, thereby do declare his pleasure to be, that the premises, or any part, clause, or matter thereof, shall not be put in execution, observed, continued, nor obeyed—in that case all the said premises, or such part, clause, or matter thereof, as the king's highness so shall refuse, disaffirm, or not ratify, shall stand and be from henceforth utterly void and of none effect. And in case that the king's highness, before the expiration of the terms afore prefixed, do declare by his said letters patent, his pleasure and determination to be, that the said premises, or every clause, sentence, and part thereof, that is to say, the whole, or such part thereof as the king's highness so shall affirm, accept, and ratify, shall in all points stand, remain, abide, and be put in due and effectual execution, according to the purport, tenor, effect, and true meaning of the same; and to stand and be from henceforth for ever after, as firm, steadfast, and available in the law, as though the same had been fully and perfectly established, enacted, and confirmed, to be in every part thereof, immediately, wholly, and entirely executed, in like manner, form, and effect, as other Acts and laws; the which be fully and determinately made, ordained, and enacted in this present Parliament.

And if that upon the aforesaid reasonable, amicable, and if means of charitable ways and means, by the king's highness to be amicable determined, moved, or compounded, or otherwise approved, it shall and may appear, or be seen unto his grace, that this realm shall be continually burdened and charged with this, and such other intolerable exactions and demands, as heretofore it hath been; and that thereupon, for continuance of the same, our said holy father the pope, or any of his successors, or the Court of Rome, will, or do, and the or cause to be done at any time hereafter, so as is above pope at-rehearsed, unjustly, uncharitably, and unreasonably, vex, vex the inquiet, molest, trouble, or grieve our said sovereign lord, interdict,

186

DOCUMENTS ILLUSTRATIVE OF THE

1532. his heirs or successors, kings of England, or any of his or

their spiritual or lay subjects, or this his realm, by excom-

munication, excommengement, interdiction, or by any other

process, censures, compulsories, ways or means :

all sacra-

ments and

divine

services

shall con-

tinue to be

ministered,

notwith-

standing,

Be it enacted by the authority aforesaid, that the king's

highness, his heirs and successors, kings of England, and

all his spiritual and lay subjects of the same, without any

scruples of conscience, shall and may lawfully, to the honour

of Almighty God, the increase and continuance of virtue

and good example within this realm, the said censures,

excommunications, interdictions, compulsories, or any of

them notwithstanding, minister, or cause to be ministered,

throughout this said realm, and all other the dominions or

territories belonging or appertaining thereunto, all and all

manner of sacraments, sacramentals, ceremonies, or other

divine service of Holy Church, or any other thing or things

necessary for the health of the soul of mankind, as they

heretofore at any time or times have been virtuously used

or accustomed to do within the same ; and that no manner

and the

interdicts,

&c., shall

not be ex-

ecuted.

such censures, excommunications, interdictions, or any other

process or compulsories, shall be by any of the prelates, or

other spiritual fathers of this region, nor by any of their

ministers or substitutes, be (sic) at any time or times hereafter

published, executed, nor divulged, nor suffered to be pub-

lished, executed, or divulged in any manner of wise.

Be it remembered that on the 9th day of July, in the

25th year of the reign of King Henry, the same lord the

king, by his letters patent, sealed under his great seal, ratified

and confirmed the aforesaid Act, and gave to that Act his

royal assent.

[xlix

L]

HISTORY OF THE ENGLISH CHURCH

187

L.

THE RESTRAINT OF APPEALS, A.D. 1533.

24 HENRY VIII, CAP. 12.

This Act—which embodies the legal principle of the reformation under Henry VIII, as the Dispensation Act (post, No. LIII) sets forth the ecclesiastical principle—was passed in February, 1533; it was repealed by Mary's general Act of repeal (post, No. LXXVI), which repeal was in turn repealed by 1 Elizabeth, cap. 1 (post, No. LXXIX).

[Transcr. Statutes of the Realm, iii. 427.]

Where by divers sundry old authentic histories and Recital of chronicles, it is manifestly declared and expressed, that this ancient realm of England is an empire, and so hath been accepted pre-eminence of in the world, governed by one supreme head and king, having the dignity and royal estate of the imperial crown of England, the king of the same, unto whom a body politic, compact of all sorts and degrees of people divided in terms and by names of spirituality and temporality, be bounden and ought to bear, next to God, a natural and humble obedience: he being also institute and furnished, by the goodness and sufferance of Almighty God, with plenary, whole, and entire power, pre-eminence, authority, prerogative and jurisdiction, to render and yield justice, and final determination to all manner of folk, residents, or subjects within this his realm, in all causes, matters, debates, and contentions, happening to occur, in-surge, or begin within the limits thereof, without restraint, or provocation to any foreign princes or potentates of the world; the body spiritual whereof having power, when any and of the cause of the law divine happened to come in question, or power and of spiritual learning, then it was declared, interpreted, and the body showed by that part of the said body politic, called the 'spiritual, or spirituality, now being usually called the English Church, Church.'

188

DOCUMENTS ILLUSTRATIVE OF THE

1533. which always hath been reputed, and also found of that sort,

that both for knowledge, integrity, and sufficiency of number,

it hath been always thought, and is also at this hour, sufficient

and meet of itself, without the intermeddling of any exterior

person or persons, to declare and determine all such doubts,

and to administer all such offices and duties, as to their

rooms spiritual doth appertain; for the due administration

whereof, and to keep them from corruption and sinister

affection, the king's most noble progenitors, and the ante-

cessors of the nobles of this realm, have sufficiently endowed

Form of the said Church, both with honour and possessions; and

govern-

ment of the laws temporal, for trial of property of lands and goods,

the estate and for the conservation of the people of this realm in unity

temporal. and peace, without ravin or spoil, was and yet is ad-

ministered, adjudged, and executed by sundry judges and

ministers of the other part of the said body politic, called

the temporalty; and both their authorities and jurisdictions

do conjoin together in the due administration of justice, the

one to help the other:

Statutes made in time past to prevent encroachments of Rome or other foreign power.

And whereas the king, his most noble progenitors, and

the nobility and Commons of this said realm, at divers and

sundry Parliaments, as well in the time of King Edward I,

Edward III, Richard II, Henry IV, and other noble

kings of this realm, made sundry ordinances, laws, statutes,

and provisions for the entire and sure conservation of

the prerogatives, liberties, and pre-eminences of the said

imperial crown of this realm, and of the jurisdiction

spiritual and temporal of the same, to keep it from the

annoyance as well of the see of Rome, as from the

authority of other foreign potentates, attempting the dimi-

nution or violation thereof, as often, and from time to

time, as any such annoyance or attempt might be known

or espied:

Notwith-

standing which,

And notwithstanding the said good statutes and ordin-

ances made in the time of the king's most noble progeni-

tors, in preservation of the authority and prerogative of the

said imperial crown, as is aforesaid ; yet nevertheless since

dangers the making of the said good statutes and oidnances, divers

unprovided for and sundry inconveniences and dangers, not provided for

therein plainly by the said former acts, statutes, and ordinances, have

have arisen and sprung by reason of appeals sued out of this

appeals to realm to the see of Rome, in causes testamentary, causes

Rome. matrimony and divorces, right of tithes, oblations and ob-

ventions, not only to the great inquietation, vexation, trouble,

cost and charges of the king's highness, and many of his

subjects and residents in this his realm, but also to the great

These delay and let to the true and speedy determination of the

appeals said causes, for so much as the parties appealing to the said

justice. Court of Rome most commonly do the same for the delay

of justice.

And forasmuch as the great distance of way is so far out

Inconveni- of this realm, so that the necessary proofs, nor the true

ence of knowledge of the cause, can neither there be so well known,

peals by nor the witnesses there so well examined, as within this

reason of realm, so that the parties grieved by means of the said

distance. appeals be most times without remedy :

In consideration whereof the king's highness, his nobles

and Commons, considering the great enormities, dangers,

determin- long delays and hurts, that as well to his highness, as to his

able by said nobles, subjects, commons, and residents of this his realm,

jurisdic- in the said causes testamentary, causes of matrimony and

tion, to be deter- divorces, tithes, oblations and obventions, do daily ensue,

mined in does therefore by his royal assent, and by the assent of the

lords spiritual and temporal, and the Commons, in this

or temporal present Parliament assembled, and by authority of the

spiritual. same, enact, establish, and ordain, that all causes testa-

mentary, causes of matrimony and divorces, rights of tithes,

oblations and obventions (the knowledge whereof by the

goodness of princes of this realm, and by the laws and

customs of the same, appertaineth to the spiritual juris-

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DOCUMENTS ILLUSTRATIVE OF THE

1583. diction of this realm) already commenced, moved, depend-

ing, being, happening, or hereafter coming in contention,

debate, or question within this realm, or within any the

king's dominions, or marches of the same, or elsewhere,

whether they concern the king our sovereign lord, his heirs

and successors, or any other subjects or residents within the

same, of what degree soever they be, shall be from hence-

forth heard, examined, discussed, clearly, finally, and

definitively adjudged and determined within the king's

jurisdiction and authority, and not elsewhere, in such

courts spiritual and temporal of the same, as the natures,

conditions, and qualities of the causes and matters aforesaid

in contention, or hereafter happening in contention, shall

require, without having any respect to any custom, use, or

sufferance, in hindrance, let, or prejudice of the same, or to

any other thing used or suffered to the contrary thereof

by any other manner of person or persons in any manner of

Any wise ; any foreign inhibitions, appeals, sentences, summons,

foreign in-

hibitions,

&c., not-

withstand-

ing.

citations, suspensions, interdictions, excommunications, re-

straints, judgments, or any other process or impediments, of

what natures, names, qualities, or conditions soever they be,

from the see of Rome, or any other foreign courts or poten-

tates of the world, or from and out of this realm, or any

other the king's dominions, or marches of the same, to the

see of Rome, or to any other foreign courts or potentates,

to the let or impediment thereof in any wise notwithstanding.

Only sen-

tences pro-

nounced

in the

king's

courts to

take effect.

And that it shall be lawful to the king our sovereign lord,

and to his heirs and successors, and to all other subjects

or residents within this realm, or within any the king's

dominions, or marches of the same–notwithstanding that

hereafter it should happen any excommengement, excommu-

nications, interdictions, citations, or any other censures, or

foreign process out of any outward parts, to be fulminate,

provulged, declared, or put in execution within this said

realm, or in any other place or places, for any of the causes

1] HISTORY OF THE ENGLISH CHURCH

191

before rehearsed, in prejudice, derogation, or contempt of

this said Act, and the very true meaning and execution

thereof—may and shall nevertheless as well pursue, execute,

have, and enjoy the effects, profits, benefits, and commodities

of all such processes, sentences, judgments, and determina-

tions done, or hereafter to be done, in any of the said

courts spiritual or temporal, as the cases shall require, with-

in the limits, power, and authority of this the king's said

realm, and dominions and marches of the same, and those

only, and none other to take place, and to be firmly observed

and obeyed within the same.

As also, that all the spiritual prelates, pastors, ministers,

Clergy to

and curates within this realm, and the dominions of the

same, shall and may use, minister, execute and do, or cause

celebrate

service and

to be used, ministered, executed and done, all sacraments,

sacramentals, divine services, and all other things within the

administer

to the sub-

jects of the

said realm and dominions, unto all the subjects of the same,

withstand-

as catholic and Christian men ought to do; any former cita-

ting any

interdict

or suspen-

sions, processes, inhibitions, suspensions, interdictions, ex-

sion from

Rome.

communications, or appeals, for or touching the causes afore-

said, from or to the see of Rome, or any other foreign prince

or foreign courts, to the let or contrary thereof in any wise

notwithstanding.

And if any of the said spiritual persons, by the occasion

Penalty for

of the said fulminations of any of the same interdictions,

omitting to

do so.

censures, inhibitions, excommunications, appeals, suspen-

sions, summons, or other foreign citations for the causes

beforesaid, or for any of them, do at any time hereafter

refuse to minister, or cause to be ministered, the said sacra-

ments and sacramentals, and other divine services, in form

as is aforesaid, shall for every such time or times that they

or any of them do refuse so to do, or cause to be done, have

one year's imprisonment, and to make fine and ransom at

the king's pleasure.

And it is further enacted by the authority aforesaid, that

192

DOCUMENTS ILLUSTRATIVE OF THE

if any person or persons inhabiting or resident within this

Any at-

tempting

to procure

an inter-

dict, or

appealing

to Rome,

will incur

penalties

under

Statutes of

Præmu-

nire and

Provisors.

realm, or within any of the king's said dominions, or marches

of the same, or any other person or persons, of what estate,

condition, or degree soever he or they be, at any time here-

after, for or in any the causes aforesaid, do attempt, move,

purchase, or procure, from or to the see of Rome, or from or

to any other foreign court or courts out of this realm, any

manner foreign process, inhibitions, appeals, sentences,

summons, citations, suspensions, interdictlions, excommu-

nications, restraints, or judgments, of what nature, kind,

or quality soever they be, or execute any of the same

process, or do any act or acts to the let, impediment,

hindrance, or derogation of any process, sentence, judg-

ment, or determination had, made, done, or hereafter

to be had, done, or made, in any courts of this realm,

or the king's said dominions, or marches of the same, for

any of the causes aforesaid, contrary to the true meaning of

this present Act, and the execution of the same, that then

every such person or persons so doing, and their fautors,

comforters, abettors, procurers, executors, and counsellors,

and every of them, being convict of the same, for every

such default shall incur and run in the same pains, penalties,

and forfeitures, ordained and provided by the Statute of

Provision and Præmunire, made in the sixteenth year of

the reign of the right noble prince King Richard II,

against such as attempt, procure, or make provision to the

see of Rome, or elsewhere, for any thing or things, to the

derogation, or contrary to the prerogative or jurisdiction of

the crown and dignity of this realm.

All appeals

to be tried

within the

realm.

And furthermore, in eschewing the said great enormities,

inquietations, delays, charges, and expenses hereafter to be

sustained in pursuing of such appeals, and foreign process,

for and concerning the causes aforesaid, or any of them, do

therefore by authority aforesaid, ordain and enact, that in

such cases where heretofore any of the king's subjects or

L] HISTORY OF THE ENGLISH CHURCH

193

residents have used to pursue, provoke, or procure any appeal

to the see of Rome, and in all other cases of appeals, in or

for any of the causes aforesaid, they may and shall from

henceforth take, have, and use their appeals within this

realm, and not elsewhere, in manner and form as hereafter

ensueth, and not otherwise; that is to say, first from the Before

archdeacon, or his official, if the matter or cause be there whom and

begun, to the bishop diocesan of the said see, if in case any courts.

of the parties be grieved. And in like wise if it be com-

menced before the bishop diocesan, or his commissary, from

the bishop diocesan, or his commissary, within fifteen days

next ensuing the judgment or sentence thereof there given,

to the Archbishop of the province of Canterbury, if it be

within his province; and if it be within the province of York,

then to the Archbishop of York ; and so likewise to all other

archbishops in other the king’s dominions, as the case by

order of justice shall require ; and there to be definitively

and finally ordered, decreed, and adjudged, according to

justice, without any other appellation or provocation to any

other person or persons, court or courts.

And if the matter or contention for any of the causes Appeals

aforesaid be or shall be commenced, by any of the king’s ought to be

subjects or residents, before the archdeacon of any arch-

bishop, or his commissary, then the party grieved shall or made with-in fifteen

may take his appeal within fifteen days next after judgment

or sentence there given, to the Court of the Arches, or

audience, of the same archbishop or archbishops ; and from

the said Court of the Arches or audience, within fifteen days

then next ensuing after judgment or sentence there given,

to the archbishop of the same province, there to be defi-

nitively and finally determined, without any other or further

process or appeal thereupon to be had or sued.

And it is further enacted by the authority aforesaid, that Suits com-

all and every matter, cause, and contention now depending, menced be-

or that hereafter shall be commenced by any of the king’s archbishop

O

194

DOCUMENTS ILLUSTRATIVE OF THE

1533. subjects or residents for any of the causes aforesaid, before

to be de- any of the said archbishops, that then the same matter or

termined matters, contention or contentions, shall be before the same

by him archbishop where the said matter, cause, or process shall be

without so commenced, definitively determined, decreed, or ad-

further judged, without any other appeal, provocation, or any other

appeal. foreign process out of this realm, to be sued to the let or

derogation of the said judgment, sentence, or decree, other-

The pre- wise than is by this Act limited and appointed; saving

rogative of always the prerogative of the Archbishop and Church of

the Arch- Canterbury, in all the foresaid cases of appeals, to him and

bishop of to his successors, to be sued within this realm, in such and

Canter- like wise as they have been accustomed and used to have

bury saved. heretofore.

Appeal, in And in case any cause, matter, or contention, now depend-

causes ing for the causes before rehearsed, or any of them, or that

touching hereafter shall come in contention for any of the same

the king, causes, in any of the foresaid courts, which has, does, shall,

lies to the or may touch the king, his heirs or successors, kings of this

Upper realm ; that in all and every such case or cases the party

House of grieved, as before is said, shall or may appeal from any of

Convoca- the said courts of this said realm, where the said matter,

tion for now being in contention, or hereafter shall come in con-

final deter- tention, touching the king, his heirs, or successors (as is

aforesaid) shall happen to be ventilated, commenced or

begun, to the spiritual prelates and other abbots and priors

of the Upper House, assembled and convocate by the king's

writ in the Convocation being, or next ensuing, within the

province or provinces where the same matter of contention

is or shall be begun ; so that every such appeal be taken by

the party grieved within fifteen days next after the judg-

ment or sentence thereupon given or to be given ; and that

whatsoever be done, or shall be done and affirmed, deter-

mined, decreed, and adjudged by the foresaid prelates,

abbots, and priors of the Upper House of the said Convoca-