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at a low stage of culture. It was not until the end of the fourteenth century that the development of the system was checked.

IV. Church councils. The provincial synods, at the end of the last and the beginning of the present period hardly to be distinguished from secular councils, awoke to new and independent life. În ever-increasing degree the bishops consulted representatives of their subordinate clergy, whilst, at the same time, the laity ceased to take part in the deliberations. At the end of the thirteenth century elected representatives of the parochial clergy were summoned; it became an established rule that definite classes of church officials must be summoned in person, and that, for other classes, a definite number of representatives should be called; every provincial synod resolved itself into an upper and a lower house. These provincial councils, whether in consequence of their fusion with the representation of the clergy in the national council or without any such intervening stage, obtained the right of granting taxes in respect of church property. In connexion therewith grew up a right to the king to require from the archbishop the summoning of the provincial synod at any time. But the archbishop also retained the right, to which he had urged his claim since the end of the twelfth century, of calling such a council even without the king's consent.7

Whilst then the ecclesiastical synods of the province, which now were called convocations, thus came to be an important factor in the constitution of the state and attained to efficiency and far-reaching influence, national church councils, owing to the jealousy of the archbishops, met but seldom, and almost exclusively under the presidency of pontifical legates. They did not become a permanently operative part of the church organism.

V. Monks. The struggle between the regular clergy and the monks still continued. In numerous instances the monasteries 7a secured, to a greater or less extent, immunity from the bishop's supervision. Cases of exemption from any form of episcopal interference had probably occurred as early as Anglo-Saxon times. After the conquest the first monasteries wholly free from such control were those of the cistercians, who settled in England in 1128. By degrees a considerable number of abbots of larger monasteries received. the external signs (the mitre etc.) of the episcopal dignity. The first reported case in England of such a bestowal of episcopal ornaments by the pope took place in 1063, the recipient being the abbot of St. Augustine's in Canterbury; but the abbots are said not to have used

7 On the whole paragraph compare § 54.

The position of the various monasteries can be seen in Ch. H. Pearson, Historical Maps, 2nd Ed. London, 1870, p. 58. On pp. 67 ff. see lists of the monasteries destroyed or abandoned by 1066, of the houses of canons and of benedictin monks existent in 1066 and of the number of new foundations under the several reigns from 1066 to 1377. A list of the monasteries, colleges etc. founded before 1066 is given in Walter de Gray Birch, Fasti Monastici. 8. Cf. § 2, note 9.

those ornaments after the conquest.8 8a After this another bestowal first happened under pope Hadrian IV (1154-59), the ornaments being conferred on the abbot of St. Alban's."

The appearance of the mendicant orders in England during the first half of the twelfth century led to an increase in the strength of monasticism. As the monks always willingly submitted themselves to the pope, they were secure of his support in their endeavour to break through the regular constitution of the church.



§ 6.

The reformation."

The peculiar characteristic of the course of the reformation in England is that the movement was for long, that is, until the death of Henry VIII, confined, for the most part, to changes in the constitution of the church, the old doctrines being treated with all possible forbearance. The aim of the struggle which the king undertook was the deliverance of the state from the influence of a foreigner. In such an effort he found, as other kings had done before, the assured support of the national council; and under pressure from him, the highest church officers in the land also arrayed themselves at his side. During the conduct of the struggle assistance was derived from the party which was desirous of dogmatic changes, a party which since the lollard controversies had never been wholly extinct, and to which the reformation in Germany had given a forward impetus and increased authority. This party, even in Henry's reign, succeeded in introducing certain alterations in doctrine and in the externals of divine service. But Henry, in this respect, was a restraining rather than a propulsive force; to farreaching innovations he offered the most vigorous resistance. It was not until the regency during the minority of Edward VI that the reformation in England was on its doctrinal side accomplished. The outward and apparent cause of the outbreak of the quarrel

8 Goscelin, Hist. Transl. S. Augustini lib. II c 5 (printed in Migne, Patrol. Cursus, vol. 155 p. 33. Goscelin died probably in 1098; Hardy, Rer. Brit. Scr. No. 26, II, 83); Thorn, Chron. (ed. Twysden) 1785, 1824.

Matthaeus Paris., Vitae 23 Abbatum St. Albani (ed. Wats. London 1639) p. 73: Duo namque maxima privilegia adepti sunt. Primum de pontificalibus ornamentis; For fuller information see l.c., or in Gesta Abbatum Mon. St. Albani (Rer. Brit. Scr. No. 28) V, 124-158, drawn from Matthaeus Paris. The documents, regarding the definite agreement (1163) between the abbot of St. Alban's and the bishop of Lincoln are printed in Dugdale, Monasticon, Edition 1817-30, VI, 1276 and in Roger de Wendover, Chron. (Rer. Brit. Scr. No. 84) I, 22.

Gneist, Engl. Verfassungsgesch. § 30.-Perry, Englische Geschichte Book II cc 3-8 Book III c 1.

Hist. of Engl. Ch. Vol. II cc 1-16.-Ranke,
Compare also appendix XIV, II, 3 a, c.

between Henry VIII and the papacy was the king's desire, issuing from political considerations,' to be divorced from his wife Catherine of Arragon. To effect this there were needed, according to the view till then prevailing, proceedings before a papal court. These proceedings were begun. But the pope, likewise for political reasons,2 sought to postpone a decision as long as possible, and gradually adopted an attitude of decided refusal. There with was connected in England the fall (1529) of Wolsey, hitherto first minister of the crown, who, combining in himself the offices of royal chancellor, archbishop of York, papal legate and cardinal, had for many years controlled the higher administration of church and state.* The first statute of this period that, if only in a limited sphere, is levelled against papal influence, 21 Hen. VIII (1529) c 13,5 followed close upon Wolsey's disgrace. The enactment lays down definite principles as to pluralities and as to residence, and declares the obtaining of papal dispensations to have pluralities or to be discharged of residence an offence punishable with a moderate fine. In order to make the convocations pliant, the king threatened the whole of the clergy with prosecution for breach of the praemunire acts. After prolonged discussion both convocations bought pardon by the payment of heavy sums and by acknowledging that the king was the single protector, the sole and sovereign lord, and in so far as the law of Christ allows, the supreme head' of the English clergy (1531).7

Shortly after this, perhaps convocation itself proceeded to action against the pope. A petition to the king purporting to be from convocation-the date is not precisely established-begged that he would take steps to limit the heavy dues payable to the pope upon the attainment of archbishoprics and bishoprics; if the pope did not concur, they prayed that the obedience of the king and his people

1 His affection for Anne Boleyn was a later and additional inducement. Ranke, Engl. Gesch. 2nd Ed. Vol. I pp. 162 ff.

Ranke, l.c. pp. 170 ff. The pope at the outset expressed himself disposed to grant a dispensation.

3 By the king's wish the pope had commissioned Campeggio and Wolsey to determine the issue in England. But on Catherine's appeal he revoked the case to Rome, and on July 23rd, 1529, the two cardinals adjourned the court. From that time Henry's hostility to Rome was pronounced.

↑ Wolsey's removal was due nominally to his condemnation for breach of the praemunire statutes, really to the fact that he was suspected of not urging the king's case at Rome with sufficient zeal.

5 An Acte that no spirituall persons shall take to ferme of the Kynge or any other person any Londes or Tenementes for terme of life, lyves, yeares or at will etc. And for pluralities of Benefices; and for Residence.


ss 9, 16.

For the text of their declarations see § 28, note 2.-Their pardon was expressed in the acts:

22 Hen. VIII (1530/1) c 15 An Acte concernyng the pardon to the Kyngs Spirituall Subgectes of the Provynces of Canterbury for the Premunyre.

22 Hen. VIII (1530/1) c 16 An Acte concernyng the pardon graunted to the Kynges Temporall Subgectes for the Premunyre.

23 Hen. VIII (1531/2) c 19 An Acte concernyng the Kynges gracyous pardon of premunyre graunted unto his spirituall Subjectes of the provynce of York.



might be by law withdrawn from the see of Rome. The act 23 Hen. VIII (1531/2) c 20 follows the lines of the petition in question. It ordains that all payments to Rome upon preferment to any archbishopric or bishopric, except five per cent. of the whole yearly value, shall utterly cease, and that the making of them shall be punishable by forfeiture. If the pope owing to non-payment refuses or delays bulls apostolic or other things requisite, then shall he that is named for the bishopric or archbishopric be consecrated without further formalities-as was in old time customary-by the archbishop or (if for an archbishopric) by two bishops appointed by the king. The renunciation of obedience is not threatened; on the contrary the whole act is conceived in a spirit of moderation; moreover, power is reserved to the king to negotiate with the pope and to determine within a definite time whether and to what extent the statute shall become operative.9

8 It may please the King's most noble grace First, to cause the said unjust exactions of annates to cease, and to be foredoen for ever by act of this his grace's high court of parliament. And in case the pope wold make any process against this realm for the attaining those annates, or else wol retain bishops bull 'till the annates be payd, forasmuch as the exaction of the said annates is against the law of God, and the pope's own lawes, forbidding the buying or selling of spiritual gifts or promotions; and forasmuch as al christen men be more bound to obey God, then any man; and forasmuch as St. Paul willeth us to withdraw ourselves from al such, who walk inordinately; it may please the King's most noble grace to ordain in this present parliament, that then the obedience of him and the people be withdrawn from the see of Rome; as in like cases the French King withdrew his obedience of him and his subjects from pope Benedict the XIIIth of that name; and arrested by authority of his parliament al such annates, as it appeareth by good writing ready to be shewed. (Strype, Eccles. Memorials, Edition 1822, vol. I pt. 2 p. 158 nu. 41 after the manuscript Cleopatra E. 6 p. 263; after Strype in Wilkins, Concilia III, 760.) Wilkins places this petition under the year 25 Hen. VIII (22 April 1533-21 April 1534). But as its contents point to the fact that no law against the payment of annates had then been promulgated, the date at all events does not appear to be suitable. The bill was laid before parliament between 14th and 28th February, 1532, and passed on the 19th March in the same year; all the bishops and two abbots are said to have voted against it (Reports of Chapuys to Charles V, abstract in Letters etc. of the reign of Henry VIII, vol. V, ed. Gairdner, No. 832 [805], 879). Stubbs, appendix IV p. 88 to the Report of the Ecclesiastical Courts Commission 1883, Parliamentary Reports vol. XXIV alludes to the petition under date of February, 1532.

923 Hen. VIII (1531/2) c 20 An Acte concernyng restraynt of payment of Annates to the See of Rome. s 1:

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Annates, otherwise called furst fruytes heretofore have been taken of every Archebysshoppriche or Byssoppriche within this Realme by restraint of the Popes Bulles for confirmacions eleccions admyssions postulacions provisions collacions disposicions institucions installacions investitures orders holye benediccions palles or other thinges requyste and necessary to thatteynyng of these their promocions and albe it that

the King and all his naturall subjectys aswell spirituall as temporall ben as obedient devoute catholique and humble children of God and Holie Church as any people be within any Realme cristened. enacted: that the unlaufull paymentys of Annates or furst fruytes and almaner contribucions for the same for any Archebysshoppriche or Bysshoppriche or for any Bulls hereafter to be opteyned from the Courte of Rome

The house of commons now made an attack on the convocations, disputing their power to make constitutions and ordinances independently of royal assent or of the assent of lay subjects of the crown. This attack was supported by the king, although he sought to maintain the appearance of acting as a mediator. Under such pressure the convocation of Canterbury, after initial hesitation, announced its submission on the 15th of May, 1532. In the instrument drawn up it is conceded :

1. Convocation may only be summoned at the king's command;

to or for the forsaid purpose and intent, shall from hensforth utterly cesse, except in so far as is expressed below. Whoever, elected etc. to a bishopric, pays annates, first fruits or the like, forfeits to the king his personal property, and for the time during which he is in possession of the bishopric, all temporal lands and possessions pertaining to it.

s 2: furthermore it is enacted

that every person hereafter named and presented to the Courte of Rome by the Kyng to be Bysshop of any See or Dioces within this Realm, hereafter shalbe letted deferred or delayed at the Courte of Rome from any suche Bysshopriche wherunto he shalbe so presented, by meane of Restraynt of Bulles Apostolique and other thinges requisite to the same; every suche person so presented may be and shalbe consecrated here in England by tharchebisshop in whose province the seid Bisshopriche shalbe, so alwaye that the same person shalbe named and presented by the Kyng for the time being to the same Archebysshopp; And yf any person being named and presented as is aforesaid to any Archebisshoppriche of this Realme making convenient sute as is aforesaid, shall happen to be letted deferred delayed or otherwise distourbed from the same Archebisshopriche for lacke of Palle, Bulles, or other thinges to him requysite to be opteyned in the Courte of Rome in that behalf; That then every suche person so named and presented to be Archebisshop may be and shalbe consecrated and invested after presentacion made as is aforeseid, by any other two Bysshopes within this Realme whome the Kinges Highnes or any of his heyres or successours Kynges of Englonde for the tyme being will assigne and appoynte for the same, according and in lyke maner as dyvers other Archebisshopes and Bysshopes have been heretofore in auncient tyme by sondry the Kynges most noble progenitours made consecrated and invested within this Realm;

s 3. For the writing, obtaining and sealing of the bulls there may however be paid to Rome 5 per cent. of the yearly value of the bishopric in question. The king may compound with the pope to reduce or extinguish annates, inasmuch as king and parliament would wish first to proceed by amicable means. The composition so made shall hold good in law.

s 4. The king is empowered up to the following Easter or before the beginning of the next parliament to declare by letters patent whether and in how far this is to be a statute or not.

s 5. If no redress be had by friendly means and the pope persists in his exactions and harasses the king or his spiritual or lay subjects by excommunicacion excommengement interdiccion or by any other processe censures compulsories wayes or meanes, the king, his temporal and lay subjects, shall, without scruples of conscience, minister or cause to be ministered all sacraments or other divine services, and this in spite of excommunications etc., which none are to publish or execute.

[The act was put into full force by royal letters patent of 9th July, 25 Hen. VIII, i.e. 1533 (printed in Statutes of the Realm, note to act); it was supplemented and made more severe by 25 Hen. VIII (1533/4) c 20 [on which see below, note 17]; it was repealed by 1 & 2 Phil. & Mar. (1554 and 1554/5) c 8 s 3, and again put in force by 1 Eliz. (1558/9) c 1 s 2. The firstfruits withdrawn from the pope by the act above, as also other dues, are transferred to the king by 26 Hen. VIII (1534) c 3.]

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