CHAPTER VIII.

_THE CHURCH AND THE NATION._

CHARACTER OF THE REIGN OF EDWARD I.--ARCHBISHOP PECKHAM--STATUTE OF

MORTMAIN--CONQUEST OF WALES--CIRCUMSPECTE AGATIS--EXPULSION OF THE

JEWS--CLERICAL TAXATION AND REPRESENTATION IN PARLIAMENT--BREACH

BETWEEN THE CROWN AND THE PAPACY--CONFIRMATION OF THE

CHARTERS--ARCHBISHOP WINCHELSEY AND THE RIGHTS OF THE CROWN--THE

ENGLISH PARLIAMENT AND PAPAL EXACTIONS--CHURCH AND STATE DURING THE

REIGN OF EDWARD II.--PAPAL PROVISIONS TO BISHOPRICS--THE BISHOPS AND

SECULAR POLITICS--THE PROVINCE OF YORK--PARLIAMENT AND CONVOCATION.

[Sidenote: Edward I., 1272-1307.]

In the reign of Edward I. the relations between the Church and the Crown

were defined and settled on a constitutional basis, and the clergy were

assigned their own place in the national system. The king was a great

lawgiver, and out of a chaotic mass of customs and institutions chose

those best adapted to create an orderly polity, in which every class of

men fitted for political purposes had its own share both of rights and

duties. At the same time, he had no intention of giving up any of the

prerogatives of the Crown, for he both loved power for its own sake and

was in constant need of money. His reign was, therefore, full of

struggles with those to whom he was giving ascertained rights to share in

the government. He met with considerable opposition from the clergy, for

the influence of the mendicant revival was directed to uphold the papal

pretensions, and as far as possible to render the Church independent of

the State. The main history of his struggles with the clergy assumes two

distinct phases during the periods of the archiepiscopates of Peckham and

Winchelsey. Peckham contended chiefly for the privileges of the National

Church; and the king, who still remained in accord with Rome, got the

better of him, and prevented clerical privilege from hindering his scheme

of national government. Fortunately for the Church and the nation, the

hold of the Pope upon the country was loosened by the breach of the accord

between the papacy and the Crown which had existed ever since the

submission of John. This breach was brought about by the extravagant

pretensions of Rome. During the latter part of the reign, Winchelsey

endeavoured to uphold these pretensions, as he was to some extent bound to

do by his office. He did not, however, confine himself, as Peckham had

done, simply to an ecclesiastical policy; for he took a leading part in

various attempts to diminish the power of the Crown, and sought to secure

a separate position for the Church, with the Pope instead of the king as

her ruler, by allying himself with the party of opposition. Edward was

forced to yield to the political demands made upon him; but he

successfully maintained the rights of the Crown over the Church, and

punished the archbishop for the part he had taken against him. The clergy

equally with the laity had to bear their share of the national burdens;

the claims of Rome were defeated, and the parliament set out on the course

of resistance to the papal usurpations which found its completion in the

sixteenth century.

[Sidenote: Archbishop Kilwardby, 1273; res. 1278.]

[Sidenote: Archbishop Peckham, 1279-1292.]

During the early years of Edward's reign matters went on smoothly between

the Church and the Crown. Gregory X. was the king's friend, and had

accompanied him on his crusade; and his chief adviser and chancellor was

Robert Burnell, a churchman of great ability and wisdom, who thoroughly

understood how to forward his master's ecclesiastical policy. Before

Edward became king he had endeavoured to prevail on the monks of Christ

Church to elect Burnell to succeed Archbishop Boniface. Nevertheless they

chose another as archbishop; the king refused his assent to the election,

and Gregory, to put an end to the vacancy, appointed Robert Kilwardby, a

Dominican friar. Kilwardby, however, was by no means sufficiently vigorous

in asserting the rights of the Church to satisfy Nicolas III., and allowed

the privileges of the clergy in matters of jurisdiction to be curtailed by

statute. Nicolas accordingly raised him to the cardinalate in 1278, called

him to Rome, and thus forced him to resign the archbishopric. Edward

secured the election of his friend and minister, Burnell, then bishop of

Bath and Wells, and urged the Pope to confirm it. He was again foiled; for

Nicolas, after causing inquiries to be made as to the fitness of the

archbishop-elect, informed the king that he could not assent to his

request, and appointed John Peckham, the provincial of the English

Franciscans, laying down the rule that, as the death of a prelate at Rome

had long been held to give the Pope the right of appointing a successor, a

resignation, which was, he declared, an analogous event, had the same

effect.

Robert Burnell and the new archbishop were extreme types of two opposite

sorts of churchmen. The chancellor, who was wholly devoted to the king's

service, was a statesman of high order. He was magnificent in his tastes

and expenditure, held many rich preferments, and took care that his

relations also should be enriched out of the wealth of the Church. His

mode of life was secular, and the grand matches that he arranged for his

daughters created no small scandal. Peckham, on the other hand, was a

model friar, pious and learned, with exalted ideas of the rights of the

papacy and the privileges of the clergy. He was fearless and

conscientious, unwise and impracticable. Between him and Bishop Robert and

the other clerical advisers of the king there was, of course, no sympathy.

He was anxious that the dignities and benefices of the Church should be

worthily bestowed, and laboured to carry out the injunctions of Nicolas

III. against the prevalent abuse of pluralities. On this matter Peckham

wrote plainly to Edward that he would oblige him as far as he might

without offending God, but could go no further, and that he was already

sneered at for "conniving at the damnable multitude of benefices held by

his clerks." Nicolas strove to check the promotion of secular-minded

bishops, and when Edward procured the election of Burnell to the see of

Winchester, ordered the chapter to proceed to another election. Peckham

was blamed for this, and it was also alleged that he had used his

influence at Rome against another of the king's ministers, Anthony Bek,

afterwards the warlike bishop of Durham. However, he denied that he had

said anything to hinder the promotion of either.

Almost immediately on his arrival in England in 1279, the archbishop came

into collision with the king. He held a provincial council at Reading, in

which, besides publishing the canons of the Council of Lyons against

pluralities, he decreed that excommunication should be pronounced against

all who obtained the king's writ to stop proceedings in ecclesiastical

suits against any royal officer who refused to carry out the sentence of a

spiritual court, and against all who impugned the Great Charter; and

further ordered that the clergy should expound these decrees to their

parishioners, and affix copies of the Charter to the doors of cathedral

and collegiate churches. These decrees were a direct challenge to the

king, and Edward treated them as such; for in his next parliament he

compelled Peckham to revoke them, and to declare that nothing that had

been done at the council should be held to prejudice the rights of the

Crown or the kingdom.

[Sidenote: Statute of Mortmain, 1279.]

Edward further rebuffed the archbishop by publishing the statute "De

Religiosis" or "of Mortmain." This statute, though, as regards the date of

its promulgation part of Edward's answer to Peckham's assumption, was

directed against an abuse of long standing, and was in strict accordance

with the king's general policy. It forbade, on pain of forfeiture, the

alienation of land to religious bodies which were incapable of performing

the services due from it. Land so conveyed was said to be in _mortmain_,

or in a dead hand, because it no longer yielded profit to the lord, who

was thus defrauded of his right of service, escheat, and other feudal

incidents. Besides the vast amount of land that was held by the Church,

estates were often fraudulently conveyed to ecclesiastical bodies, to be

received again free of services by the alienor as tenant; and thus the

superior lord, and the king as capital lord, were cheated, and the means

for the defence of the realm were diminished. These evils were partially

checked by Henry II., who levied scutage on the knights' fees held by the

clergy, and the practice of conveying lands in mortmain was prohibited by

one of the Provisions of Westminster in 1259. Edward's statute gave force

to this provision by rendering it lawful, in case the immediate lord

neglected to avail himself of the forfeiture, for the next chief lord to

do so. Moreover, the king still further showed his discontent at the

attitude of the clergy by demanding an aid from them. In spite of these

rebuffs, Peckham pursued his policy of attempting to enlarge the sphere of

spiritual jurisdiction at the cost of the jurisdiction of the Crown, and

proposals were made in a council which he held at Lambeth in 1281 to

remove suits concerning patronage and the goods of the clergy from the

royal to the ecclesiastical courts. Here, however, the king interfered,

and peremptorily forbade the council to meddle in matters affecting the

Crown. Peckham was forced to give way, and shortly afterwards sent Edward

a letter asserting in the strongest terms the liberties of the Church as

agreeable to Scripture and the history of England, pointing out that it

was his duty to order his conduct by the decrees of the Popes and the

rules of the Church, referring the oppressions under which, he said, the

clergy were suffering to the policy of Henry I. and Henry II., and

reminding the king of the martyrdom of St. Thomas of Canterbury for the

Church's sake.

[Sidenote: Conquest of Wales, 1282.]

When Edward invaded Wales in 1282, Peckham, moved with a desire for peace

and with compassion for the Welsh, endeavoured to persuade Llewelyn to

submit to the English king, and, contrary to Edward's will, went alone to

Llewelyn's fortress of Aber, and tried to arrange terms. When his efforts

proved in vain, he wrote an angry and irritating letter to the Welsh

prince. Nevertheless he exerted himself on behalf of the Welsh clergy,

prayed Edward to allow the clerks in Snowdon to leave the country with

their goods, wrote indignantly to Burnell to complain that some clerks had

been hanged at Rhuddlan, "to the reproach of the clergy and the contempt

of the Church," and exhorted the king to restore the churches that had

been destroyed in the war. The backward and disorderly condition of the

Welsh Church caused him much concern, and he urged the bishops of Bangor

and St. Asaph's to put a stop to the concubinage or marriage of the

clergy, their unseemly dress, and their neglect of their duties, to insist

on the observance of the decrees of Otho and Ottoboni, and to do all in

their power to overcome the angry feelings of their flocks towards the

English, so that the very word "foreignry" might no more be used among

them. Moreover, he was anxious to see the Welsh become civilized, and

wrote to Edward advising him to encourage them to settle in towns and

follow industries, and, as there were no means of education in Wales, to

make the Welsh boys come to England and be taught there, instead of

entering the household of a native prince, where they learnt nothing but

robbery. Indeed, it would have been well for Wales had Peckham's wishes on

these and other matters been carried out. The war taxed the king's

resources severely, and, towards the end of it, Edward ordered the seizure

of the money that, in accordance with a decree of the Council of Lyons,

had been collected for a crusade, and stored in various great churches in

England. This brought an indignant letter from Pope Martin IV. Before its

arrival, however, the king had promised that the money should be refunded.

Not content with a promise, the archbishop went off to meet Edward at

Acton Burnell, and prevailed on him to make immediate restitution.

[Sidenote: Limits of spiritual jurisdiction defined.]

Undismayed by his previous failures, Peckham, in 1285, made another

attempt to secure the independence of the Church in matters of

jurisdiction; and a series of articles was drawn up by the bishops of his

province in convocation, and presented to the king. The most important of

these urged that a check should be put on the issue of prohibitions from

the king's court staying proceedings in ecclesiastical courts. The

articles were answered by the chancellor; some concessions were made

which failed to satisfy the bishops, and a reply was sent criticizing the

chancellor's answers. Edward was determined to settle the relations of the

Church and the Crown in these matters. He had, perhaps before receiving

the articles, caused an inquisition to be made into suits brought by the

clergy against laymen, had imprisoned all the judges and officers of the

ecclesiastical courts who were convicted of having fined laymen too

heavily, and had declared that these courts could not claim as of right

the cognizance of any save matrimonial and testamentary causes. This

violent curtailment of the rights of the Church was maintained during the

dispute with the prelates. It was modified shortly afterwards by a writ,

addressed to the bishops by the king in parliament, and called

"Circumspecte agatis." By this writ, which had the force of a statute,

ecclesiastical jurisdiction was defined as extending to cases of deadly

sin which were visited by penance or fine, and offences as regards things

spiritual, such as neglect of churches, to suits about tithes and

offerings, assaults on clerks, defamation, and perjury which did not

involve a question of money. This writ, then, ascertained the limits

between the areas proper to the secular and the ecclesiastical courts,

settled the relations between Church and State in England as far as

jurisdiction was concerned, and declared the triumph of the principles

which Henry II. had laid down in the Constitutions of Clarendon. The

punishments inflicted by spiritual judges for the correction of the soul

put a salutary check on violence and debauchery; and if sometimes the

clergy used their spiritual power to defend their temporal rights, they

executed justice on offenders against morality without respect of persons.

Peckham gave a signal instance of this by condemning Sir Osbert Giffard,

who had carried off two nuns from Wilton, to nine public floggings, to

fasting, and to put off the dress and accoutrements of a knight and a

gentleman until he had made a three years' pilgrimage to the Holy Land.

And as an ecclesiastical judge had a right to a writ committing any

excommunicated person to prison until satisfaction was given to the

Church, an offender was forced to submit to the penance imposed on him.

[Sidenote: Expulsion of the Jews, 1290.]

Although the expulsion of the Jews is chiefly a matter of economic and

constitutional importance, it has also an ecclesiastical bearing. In spite

of Edward's policy in Church matters, he was a religious man. When he was

in trouble or danger he made vows which he always performed: he often

passed Lent to some extent in retirement, and he seems to have been

pleased to attend religious ceremonies. Apart, therefore, from worldly

reasons, he must have felt--for such was the general feeling of the

day--that the protection afforded to the Jews by the Crown and the profit

they brought to the Exchequer were alike ungodly. Besides, as a crusader

he was bound to hate the enemies of the cross. The Jews were wealthy, and

did no small harm by their usurious practices. Although Edward forbade

them to carry on usury, the law does not seem to have been enforced; and

the rich, and among them even the excellent Queen Eleanor, profited by

their extortions. While the king treated them with much severity, he

seems to have been anxious for their conversion, though the means adopted

to bring this about were not always judicious. They were compelled to

attend and listen diligently to sermons preached against their faith; the

Converts' House in London was re-endowed, and Peckham was careful to

prevent them from building any new synagogues in the city. Edward, who,

soon after he had taken a second crusading vow in 1287, had ordered the

Jews to leave his continental dominions, at last, in 1290, greatly to the

delight of all classes, expelled them from England. Both clergy and laity

testified their approval of the measure by making him a grant.

[Sidenote: Clerical taxation.]

[Sidenote: Archbishop Winchelsey, 1294-1313.]

During the early part of Edward's reign, the clergy had no reason to

complain of excessive taxation. Some discontent was, indeed, felt at the

new and more stringent valuation of clerical property which was made after

Nicolas IV. had, in 1288, granted the king a tenth for six years for the

purpose of a new crusade. This valuation, called the "Taxation of Pope

Nicolas," took cognizance of both the temporalities and the spiritualities

of the clergy, and was used as the basis for ecclesiastical taxation until

the sixteenth century. In 1294, however, Edward was in great straits for

money, for he was forced into a war with France. Robert Burnell was dead,

and the measures Edward adopted to raise money probably show how much he

lost by his minister's death. Among other unconstitutional acts, he seized

the money and treasure stored in the cathedrals and abbeys. He called an

assembly of the clergy of both provinces and demanded a grant. The clergy

had no head; for Peckham died in 1292, and Robert Winchelsey, who had been

elected as his successor, was still at Rome, whither he had gone for

consecration. They failed to appreciate the urgency of the crisis, and

offered a single grant of two-tenths. Edward was indignant, and declared

that they should give him one-half of their revenues, or he would outlaw

them. The dean of St. Paul's, who went to court hoping to pacify him, was

so frightened at his anger that he fell down dead. Finally, Edward sent a

knight to the assembled clergy; his messenger bluntly stated the king's

demand, and added, "Whoever of you will say him nay, let him stand up that

he may be known." They tried to make conditions, and prayed for the

abrogation of the Statute of Mortmain. To this the king would not consent,

and they were forced to yield to his grievous demand.

[Sidenote: Parliamentary representation.]

Edward's need of money led him to perfect the organization of parliament

as an assembly of estates competent to speak and act for the nation. In

this assembly the estate of the clergy was to have its place. National

councils of the Church, though held on the occasion of legatine visits,

consisted only of bishops, and had fallen into disuse; and the clerical

grants were made by the convocations of the two provinces separately.

Besides these provincial convocations, the clergy met in diocesan synods,

and also in assemblies of archdeaconries or other districts. The diocesan

synods, the cathedral chapters, and sometimes the smaller clerical

assemblies, were consulted as to proposed grants, and acted independently

of each other. In the last reign, for example, the rectors of Berkshire

drew up a remonstrance against a grant to help the Pope in his war with

the Emperor. Inconvenient as it was, the practice of seeking the assent of

local synods to taxation was necessary so long as the whole body of the

beneficed clergy was not systematically represented in convocation. The

principle of clerical representation had gained ground during the reign of

Henry III., and in 1283 Peckham confirmed it by fixing the manner in which

it was to be carried out. Two proctors were to be chosen by the clergy of

each diocese of the southern province, and one for each cathedral and

collegiate chapter. In the northern province the custom of choosing two

proctors for each archdeaconry appears to have obtained somewhat earlier.

Edward, when settling the representation of the clergy in Parliament,

adopted Peckham's system, and in summoning the bishops to the parliament

of 1295, which has served as a model for all future parliaments, caused a

clause, called the "_praemunientes_" clause, to be inserted in the writs,

directing each bishop to order the election of two proctors for the clergy

of his diocese and one for his cathedral chapter, who should attend

parliament with full power to "discuss, ordain, and act." Thus the clergy

became one of the parliamentary estates, and, like the other estates, made

their grants independently, and possibly deliberated apart. As, however,

their tendency was at this time towards the assertion of a separate

position in the State, they did not value this change, and, as we shall

see, soon succeeded in establishing the custom of making their grants in

their own convocations.

[Sidenote: Breach between the Crown and the Papacy.]

The submission of John to Innocent III. had established an accord between

the Crown and the papacy that had in the last reign been fraught with evil

to the Church. It came to an end because Edward, who was determined that

the Church should be national in the fullest sense, and should take its

place in the national system with clearly defined rights and with a

liability to public burdens, found his plans opposed by a Pope who would

recognize no limit to his authority, or to the immunities of the clergy.

This Pope was Boniface VIII. Forgetful alike of the spirit of resistance

to papal interference that had lately been exhibited in England, of the

increase of independent thought that had arisen from the influence of the

universities, and of the effect of the doctrines of the civil lawyers in

magnifying the authority of the king, and equally forgetful of the rapid

advance of the power of the French monarchy, Boniface attempted to usurp

the rights of the Crown in both countries. In February 1296 he published

the bull "Clercis laicos," forbidding, on pain of excommunication, the

clergy to grant, or the secular power to take, any taxes from the revenues

of churches or the goods of clerks. In the October parliament the laity

made their grants; but the clergy, after a debate led by Winchelsey, which

lasted several days, informed the king that they could grant him nothing.

Edward would not accept this answer, and ordered Winchelsey to let him

know their final determination the following January. The archbishop

accordingly held a convocation at St. Paul's on St. Hilary's Day, to

decide whether there was any middle way between disobeying the Pope and

disobeying the king. Hugh Despenser and a clerk, who attended as the

king's proctors, set forth the dangers of foreign invasion that threatened

the kingdom. By way of reply, Winchelsey caused the Pope's bull to be

read. Despenser then plainly told the clergy that unless they granted the

sum needed for the defence of the country the king and the lords would

treat their revenues as might seem good to them. They persevered in their

refusal; and on the 12th of February the king, who was in urgent need of

supplies for the war against France, outlawed the whole of the clergy of

the southern province, took their lay fees into his own hand, and allowed

any one who would to seize their horses. Meanwhile Winchelsey

excommunicated all who should contravene the papal decree. The clergy of

the northern province, however, submitted, and received letters of

protection. Edward's difficulties were increased by the refusal of his

lords, led by the Constable and Marshal, the Earls Bohun and Bigod, to

make an expedition to Flanders whilst he went to the army in Gascony.

Winchelsey, though not wavering himself, was unwilling to expose any of

his clergy to further danger, if they could find a way of escape, and held

another convocation, in which he bade each "save his own soul." Many of

them accordingly compounded with the commissioners whom the king had

appointed for that purpose.

[Sidenote: Winchelsey and the Charters.]

In spite of the threatening attitude of the malcontent lords, Edward could

not refuse to fulfil his engagements to his allies. He raised supplies

and a force by means which, though unconstitutional, were justified by

necessity, was reconciled to the archbishop, and took a solemn leave of

his people from a platform in front of Westminster Hall, telling them that

he knew that he had not reigned as well as he ought, but that all the

money that had been taken from them had been spent in their defence, and

requesting them, if he did not return from Flanders, to crown his son

Edward. Winchelsey wept at the king's words, and all the people shouted

assent. Nevertheless, the barons remained rebellious, demanded that the

king should confirm the Great Charter and the Forest Charter, and

presented a petition of grievances. Nor was the ecclesiastical matter

settled, though the clergy offered to ask the Pope's leave to make a

grant. Before Edward left he taxed the temporalities of the clergy, for he

evidently suspected them of acting with the malcontents. Soon after he had

set sail, the barons came up armed to a council at London, which was

attended by the bishops, though not by the inferior clergy. Winchelsey

seems to have presided at this council; and apparently by his advice the

young Edward, whom his father had left as regent, was required to confirm

the charters with certain additions. He assented, and sent the charters to

his father, who confirmed them along with the new articles. These articles

may be said to have declared it illegal for the Crown to levy any taxes or

imposts, save those anciently pertaining to it, without the consent of

parliament.

In November the ecclesiastical dispute was brought to an end. Early in

the year Boniface, to satisfy Philip of France, declared that he did not

forbid the clergy to contribute to national defence or to make voluntary

grants; and Winchelsey took advantage of a Scottish invasion to recommend

the clergy to tax themselves. The dispute had been independent of the

rebellious behaviour of the Constable and Marshal, who had taken advantage

of it to put pressure on the king. Winchelsey's conduct with regard to the

proceedings of the earls seems to prove that he had an enlightened desire

for constitutional freedom; and the Church in his person again appeared,

as she had appeared so often before, as the assertor of national rights.

Nor did the Church fail to gain much by the issue of the ecclesiastical

dispute. The victory lay with the Crown; the national character of the

Church was established, and it was saved from the danger of sinking into a

handmaid of Rome, which would probably have come to pass if the papacy and

the Crown had remained at one. From henceforth the Church generally found

the State ready to protect her liberties from papal invasion.

[Sidenote: Winchelsey's policy of opposition.]

After Edward's return fresh demands were made upon him, and a long

struggle ensued between him and the parliament on the subject of

disafforestation, or the reduction of the royal forests to their ancient

boundaries. Winchelsey evidently continued in opposition, partly with the

view of increasing the papal authority by embarrassing the king. His

desire to uphold the Pope's authority led him at last to commit the fatal

error of opposing a cause of national concern. Edward's claim to the

crown of Scotland was alternately admitted and rejected by the Scottish

lords, who submitted to him when he overawed them by appearing in Scotland

at the head of his forces, and rebelled when he returned to England.

Finding themselves unable to resist him, they appealed to Boniface to help

them. Accordingly, in 1299, Boniface published a bull asserting that the

kingdom of Scotland was a fief of the Holy See, and ordering Edward to

submit his claim to the decision of Rome. On receiving this bull

Winchelsey journeyed to Galloway, where Edward then was, and in August

1300 appeared before him, in company with a papal envoy, presented the

bull, and added, it is said, an exhortation of his own on the duty of

obedience and the happiness of those who were as the people of Jerusalem

and as Mount Zion. "By God's blood!" shouted the indignant king, "I will

not hold my peace for Zion, nor keep silence for Jerusalem, but will

defend my right that is known to all the world with all my might." The

archbishop was bidden to inform the Pope that the king would send him an

answer after he had consulted with his lords, for "it was the custom of

England that in matters touching the state of the realm all those who were

affected by the business should be consulted."

Acting on this principle, Edward, early the next year, laid the bull

before his barons at a parliament held at Lincoln, and bade them proceed

in the matter. Accordingly they wrote to the Pope, on behalf of themselves

and the whole community of the realm, briefly informing him that the

feudal superiority over Scotland belonged to the English Crown; that the

kings of England ought not to answer before any judge, ecclesiastical or

secular, concerning their rights in that kingdom; that they had determined

that their king should not answer concerning them or any other of his

temporal rights before the Pope, or accept his judgment, or send proctors

to his court; and that, even if he were willing to obey the bull, they

would not allow him to do so. This letter was signed by the lay baronage

only, not by the bishops. At this parliament the barons requested the king

to dismiss his treasurer, Walter Langton, bishop of Lichfield, and

presented certain petitions for reform. Most of these petitions were

granted, and among them the demand for disafforestation; the last, that

the goods of the clergy should not be taxed against the will of the Pope,

evidently bears witness to the terms of the alliance between Winchelsey

and the barons. This article was rejected by the king, who thus further

separated the baronial from the clerical interest. Nor did he dismiss

Langton, who was soon afterwards suspended from his bishopric on charges

of adultery, simony, homicide, and dealings with the devil; he was

acquitted by the Pope, and probably owed his suspension to Winchelsey's

enmity.

[Sidenote: Clement V., 1305-1316.]

[Sidenote: Winchelsey suspended.]

The overthrow of Boniface by the French king, Philip IV., involved the

failure of his attempt to establish the dominion of the papacy over

national churches. Clement V., the next Pope but one, was a Gascon, and

settled the papal court at Avignon, where it remained for seventy years, a

period called the "Babylonish captivity." During this period the papal

court became a French institution. This caused Englishmen to be very

jealous of the Pope's interference; and when the king was at one with his

people the Popes were not allowed to exercise much authority here, and the

national character of the Church was effectually defended. Clement was

anxious to oblige Edward. As a Gascon noble, and as archbishop of

Bordeaux, he had been his subject, and as Pope he was not willing to

become the tool of the French king. Edward took advantage of his goodwill.

He considered that his people had dealt hardly with him, and had forced

him to give up his just rights, and he obtained a bull from the Pope

absolving him from the oaths which he had taken. In doing so he simply

acted in accordance with the ideas of his time, and this is the one excuse

that can be made for him. Nor was he content with thus providing for the

repair of his royal dignity; he took vengeance on the man who had done as

much as any one to lessen it. In 1305, when the old baronial opposition

had wholly ceased, he accused Winchelsey of having engaged in treason in

1301, and added other causes of complaint against him. Edward submitted

the charges against him to the Pope, who suspended him, and summoned him

to Rome. He did not return to England until after the king's death.

Although the Pope took the administration of the see of Canterbury into

his own hands, the king, of course, seized the temporalities. Clement

complained of this; and Edward, in order to ensure the continuance of his

triumph over the archbishop, allowed the Pope's agents to receive the

profits arising from them.

[Sidenote: Remonstrance of parliament against papal exactions, 1307.]

While, however, the king and the Pope were thus obliging one another, the

papacy had nevertheless lost ground in England. For full eighty years its

power here had depended mainly on its alliance with the Crown; and now

that Boniface had shown that this power, if unchecked, would destroy the

rights of the Crown over the Church, the king was prepared to join with

his people in resisting it. Winchelsey's absence afforded an opportunity.

In a parliament held at Carlisle in 1307, statutes were published

prohibiting the taxation of English monasteries by their foreign

superiors; and while much debate was being held on the oppression of Rome,

a letter was found, written under an assumed name and addressed to the

"Noble Church of England, now in mire and servitude," which set forth in

terms of bitter sarcasm the evils she suffered from her "pretended father"

the Pope. This letter was read before the king, a cardinal-legate who was

visiting England to arrange the marriage of the Prince of Wales, and the

whole parliament. A document was then drawn up enumerating the

encroachments of Rome which were carried out by the papal agents and

collectors. These were the appointment of foreigners to English benefices

by provisions; the application of monastic revenues to the maintenance of

cardinals; the reservation of first-fruits, then a novel claim; the

increase in the amount demanded as Peter's pence, and other oppressions.

The cause of complaint with reference to Peter's pence arose from an

attempt of William de Testa, the Pope's collector, to demand a penny for

each household, instead of the fixed sum hitherto paid. The articles were

accepted and forwarded to the Pope, and Testa was examined before

parliament, and ordered to abstain from further exactions. Edward,

however, was hampered by his need of Clement's co-operation. After the

parliament was dissolved, he was persuaded by the cardinal to allow Testa

to proceed with the collection of first-fruits; and when the papal agents

appeared before the council to answer the charges made against them in

parliament, they took up an aggressive position, and complained that they

had been hindered in the execution of their duty. Before these matters

were brought to a conclusion the king died.

[Sidenote: Edward II., 1307-1327.]

Immediately on his accession, Edward II. recalled Winchelsey, and

imprisoned his father's minister, Walter Langton. The resistance to papal

exactions was renewed in a parliament held at Stamford in 1309, where the

king gave his consent to a petition presented by the lay estates for the

reformation of civil abuses. At this parliament the barons sent a letter

of complaint to the Pope of much the same character as the document drawn

up at Carlisle. Clement, by way of answer, complained that his collectors

were impeded, that his briefs and citations were not respected, that

laymen exercised jurisdiction over spiritual persons, and that the tribute

granted by John to the See of Rome had not been paid for some fifteen

years. Here the matter seems to have ended, and the chief features of our

Church history during this wretched reign are closely connected with the

quarrels and general disorganization that prevailed in the kingdom. For a

time Winchelsey acted with the king, but Edward's carelessness and evil

government drove him into opposition. While the country at large had much

to complain of, the Church had her special grievances. In 1309 the

archbishop held a provincial council to decide on proceedings against the

Templars; for the king had promised the Pope that the English Church

should take part in attacking the Order. At this council gravamina were

adopted which show that constant encroachments were made on the sphere of

ecclesiastical jurisdiction. The next year the archbishop and six of his

suffragans were chosen as "Ordainers," the name given to a commission

appointed by a council of magnates, lay and spiritual, to carry out a

system of reform. Winchelsey and the bishops of his province pronounced

excommunication against all who hindered the ordinances, or revealed the

secrets of the Ordainers. First among the objects which the Ordainers

swore to promote was the increase of the honour and welfare of the Church;

and the interference with the spiritual courts which had been complained

of the year before was forbidden by one of their ordinances. As Winchelsey

thus joined the party of opposition, the king, in 1312, released Langton,

and appointed him treasurer; for, in spite of all that had passed, the old

servant of Edward I. upheld the cause of the Crown. The earl of Lancaster,

the head of the opposition, seems to have been regarded as favourable to

the claims of the Church; for in 1316, when he had virtually obtained the

complete control of the kingdom, the estate of the clergy presented, in a

parliament held at Lincoln, a series of complaints called "Articuli

Cleri." The royal assent was given, and the "articles" became a statute.

By these articles the rules laid down in the writ "Circumspecte agatis"

were re-enacted, and various rights and liberties, touching matters of

jurisdiction and sanctuary, were acknowledged. Among these, it was allowed

that it pertained to a spiritual, and not to any temporal judge, to

examine into the fitness of a parson presented to a benefice, and that

elections to dignities should be free from lay interference.

[Sidenote: Bishops appointed by provision.]

Throughout the whole reign elections by capitular bodies were constantly

set at nought. Sometimes the Pope appointed to a bishopric on the king's

recommendation, and sometimes in spite of his wishes. From the time of

Stephen Langton onwards, the Popes had so often interfered with the

appointment to the primacy, either, as in the case of Peckham, acting in

opposition to the Crown, or, as in that of Winchelsey, in unison with it,

that their claim was now tacitly admitted. As regards suffragan

bishoprics, their interference was often exercised owing either to the

death of a bishop at Rome, or to appeals. Besides, it seems to have been

laid down in this reign that the right of appointing to a see vacant by

translation belonged to the Pope, who alone had the power to sanction the

divorce between a bishop and his diocese. The embarrassments of Edward II.

encouraged a still greater encroachment on the rights of the Church and of

the Crown; and Clement simply appointed bishops by reservation and

provision, declaring that he had during the lifetime of the last bishop

reserved the appointment for himself, and that as a vacancy had occurred,

he had found a fit man, and provided him accordingly. In some cases the

bishop thus provided had been nominated by the Crown and elected by the

chapter; in others the wishes of both were set aside out of the fulness of

the Pope's power.

The bishops of this reign were as a body, though with some exceptions,

worldly and self-seeking. On the death of Winchelsey, in 1313, the monks

of Christ Church chose a new archbishop of high repute for learning and

character. At the king's request, Clement set aside their election and

appointed Edward's old tutor, Walter Reynolds, bishop of Worcester, the

son of a baker, and a man in all respects unworthy of such an office.

Before he came to the throne Edward had found him useful to him, and when

he became king he made him treasurer and chancellor. During the troubles

of the reign, Reynolds adhered to the king until he began to suspect that

it was no longer his interest to do so. An election made by the chapter of

Durham was set aside by John XXII., who provided Lewis Beaumont, an

ignorant man, and lame in both his feet, so that it was said in England,

that the Pope would never have appointed him if he had seen him. Beaumont,

however, was a connexion of Edward's queen, Isabella; and John, who was a

Provencal, was willing to do anything to oblige the French court. The same

year the Pope disregarded both the choice of the chapter of Hereford and

the earnest request of the king, and appointed Adam Orlton to the see.

Utterly unscrupulous, and at once bold and subtle, Orlton was the worst of

all the bad bishops of his time. About two years later, Edward tried to

obtain the appointment of Henry Burghersh, the nephew of Lord Badlesmere,

who was at that time useful to him, to the see of Winchester. Pope John

reserved the see, and appointed an Italian. However, in 1320, the Lincoln

chapter elected Burghersh in order to please the king; and Badlesmere, who

was then at Avignon, is said to have spent a vast sum of the king's money

in procuring the papal assent, for Burghersh was under the canonical age.

[Sidenote: The Bishops and secular politics.]

When the barons formed a league against the king's favourites, the

Despensers, in 1321, they were joined by Burghersh, who followed his

kinsman Badlesmere, by Orlton, and John of Drokensford, bishop of Bath.

The victory of Boroughbridge gave the king supreme power, and he caused

Orlton to be arrested, and charged with treason before the peers. Orlton

declared that his metropolitan was, under the Pope, his immediate judge,

and refused to plead without the consent of the archbishop and his

suffragans. The primate and his suffragans then rose and prayed the king

to have mercy on the bishop. Edward refused, and they then pleaded the

privilege of the Church, and claimed him as a clerk. He was accordingly

delivered over to the custody of the archbishop. Nevertheless the king

caused a jury to try him in his absence, and obtained a verdict against

him. But the archbishop would not give him up. Edward sent to Avignon to

complain of the conduct of the three bishops who had sided with the barons

against him, and requested the Pope to deprive them of their English sees.

He did not turn his victory to good account. In 1325 two of the bishops

who had obtained their sees from the Pope against the king's will, John

Stratford of Winchester and William Ayermin of Norwich, while on an

embassy to France, entered into a plot against the Despensers. By their

advice the queen was sent into France, and there Mortimer joined her. The

king in vain urged her to return, and the bishops, at his request, sent a

letter to the same effect. She came back at last with an armed force, and

Orlton, Burghersh, and Ayermin raised money for her from their

fellow-bishops. When she came to Oxford, Orlton expounded the reason of

her rebellion to the university in a sermon, taking as his text the words,

"Caput meum doleo" (2 Kings iv. 19). Reynolds and some of the bishops

remained for a while in London, trying to quiet matters. While they were

there, Bishop Stapleton of Exeter, who had been one of the king's

ministers, and remained faithful to him, was slain by the citizens. His

murder caused them to flee, and Stratford, and at last Reynolds, joined

the queen's party. The king was now a prisoner, and Reynolds, who owed

everything to his favour, Stratford, whom he had forgiven and trusted in

spite of his having deceived him, and Orlton, his avowed enemy, took

active part in his deposition.

[Sidenote: The Battle of Myton, 1319.]

[Sidenote: The Sherburn Parliament, 1321.]

Meanwhile the province of York had been exposed to the ravages of the

Scots. Edward prevailed on John XXII. to command a truce and send over

legates with authority to excommunicate Bruce. The legates' envoys were

robbed and ill-treated, and the sentence was accordingly pronounced. It

had no effect on the war, and in 1318 the Scots broke into Yorkshire. They

made a savage raid, and did much damage to churches and ecclesiastical

property. Ripon paid them L1000 for its safety. A new archbishop, William

Melton, had lately been consecrated. He had served the king and his

father well, and Edward, after some trouble, had obtained the Pope's

confirmation for him. He was made one of the wardens of the marches, and

at once arrayed his tenants for military service. There was little help to

be obtained from the king, and when the Scots came down the next year most

of the fighting men of the north had been called away to Edward's army at

Berwick. Melton, however, raised what local force he could, and led a

large and undisciplined host to meet the Scottish army at Myton. The

archbishop's army was routed, and so many clerks were slain in the battle

that it was called the "chapter of Myton." The absence of any united and

vigorous action for the defence of the country was largely due to the

disloyalty and selfishness of Thomas, earl of Lancaster. The earl was

powerful in Yorkshire, and after making a league for mutual support with

the lords of the north, he summoned a meeting of the estates at Sherburn,

near Pomfret, in 1321. To this northern parliament he called the

archbishop and prelates of the province, and Melton and the clergy obeyed

his summons, evidently with the hope of making peace. Lancaster's

parliament met in the parish church, and after the schedule of grievances

and the lords' bond of association had been read, the earl bade the

prelates consult apart, and give him their answer; for all was done as

though in a legal and national parliament. The clergy debated in the

rectory, and sent a reply in to the earl that was wise and worthy of their

profession. They petitioned for a cessation of hostile movements, and for

concord in the next parliament, so that, by God's favour, parliament might

find remedies for the grievances expressed in the articles. In other

words, they exhorted the earl to abandon his isolated position, and seek

the good of the country by peaceful and constitutional means. Their answer

was received graciously, but their advice was not followed. The archbishop

took no part in the disloyal conduct of the majority of the bishops; he

and his suffragan of Carlisle, and two bishops of the southern province,

protested against the deposition of Edward II., and he abstained from

attending the coronation of the young king.

[Sidenote: Parliament and convocation.]

During the reign of Edward II. the clergy showed their unwillingness to

attend parliament, and their decided preference for voting their grants in

convocation. When, for example, they were summoned to the parliament in

which the work of the Ordainers was published in 1311, they sent no

proctors. Before the meeting in the autumn the king wrote to the

archbishops, calling on them to urge the attendance of the clergy.

Winchelsey objected to the writ, and the king issued another, promising

that if it contained any cause of offence it should be remedied. Again, in

1314 Edward ordered the archbishops to summon the convocations of their

provinces to treat about an aid. The clergy, however, declared that this

was an infringement of the rights of the Church, and departed without

further discussion. Before the next parliament, besides the regular writ

with the "praemunientes" clause, he sent a special letter to the

archbishops, urging them to press the attendance of the clergy; and this

double summons was thenceforth sent regularly until 1340. Nevertheless in

1318 the clerical estate in parliament refused to make a grant without

convocation. When the matter was referred to the convocation of

Canterbury, the answer was returned that the grant must depend on the

Pope's consent, and a messenger was sent to Avignon to obtain it. The

position of the clerical estate in Parliament was peculiar, for it is

certain that its consent was not necessary to legislation. At the same

time, when, as in 1316, a petition of the clergy touching spiritual

matters received the royal assent, it was with that assent accepted as a

statute. In convocation the action of the clergy was perfectly free; they

made what grant they would without lay interference, though they had no

means of appropriating the supplies they voted. While they withdrew as far

as possible from parliament, they did not do so altogether, and in

critical times their attendance was specially insisted on, in order that

the consent of parliament might be general. Even at the present day they

are summoned to every parliament by the "praemunientes" clause, and it is

by their own act, by their preference for taxing themselves in their own

assembly, that they have lost the right of obeying the summons.

Convocations were summoned by the archbishops for other purposes besides

taxation, and the ordinary legislative business of the Church was carried

on in them. When a convocation met for self-taxation, it did so in

consequence of a royal request for money, though it was summoned, as on

other occasions, by the archbishop, not by the king. As the king made a

like request to the lay estates at the same time, it naturally came to

pass that convocation and parliament met about the same date. Nevertheless

it would be easy to give many instances which show that meetings of

convocation for purposes of taxation were not necessarily concurrent with,

nor in any way dependent upon, the parliamentary session, as they became

at a later period.

The English Church in the Middle Ages · 第 8 / 9 章