An. 45 E. 3. Fœdera, Conventiones, Acta Publica, &c. tom. 6. p. 651. vi. the reign of king Henry VII., a brief account, I conceive, of what is most remarkable may not be amiss. In the first place, I shall transcribe king Edward III.'s license to the bishop of London for imprisoning an heretic, and keeping him in safe custody, till he should recant his mispersuasion, and return to the belief of the Church : "Rex venerabili in Christo Patri S. eadem gratia episcopo Londoniæ salutem. Quia accepimus per inquisitionem vestram quod Nicholaus de Drayton vestræ diœcesis super erroribus contra articulos fidei Catholicæ, populo nostro, in diversis locis in diœcesi vestrâ, per ipsum publicatis, coram vobis congrue convictus, et pro hæretico adjudicatus existit; quodque in suo errore nefando, animo indurato, nequiter perseverans, ad fidei Catholicæ unitatem redire non curavit, nec curat in præsenti, licet sæpius ad hoc excitatus, et inductus, sententiam majoris excommunicationis in hac parte incurrendo, in animæ suæ grave periculum, et plurimorum perniciosum exemplum. "Cum igitur sancta mater Ecclesia ita tales hæreticos prosequitur ne suo veneno alios inficiant, ut in carceribus custodiri præcipiat. Super quo nobis supplicastis, ut vobis dictum Nicholaum carcerali custodia vestræ mancipare, et ipsum in carcere vestro custodire, quousque errorem suum hujusmodi nefandum revocaverit, et ad fidei Catholicæ unitatem redire voluerit, licentiam in hac parte specialem concedere dignemur; nos supplicationi vestræ prædictæ gratanter concedentes, ad ipsum Nicholaum hæreticum carcerali custodia vestræ mancipare, et ipsum in carcere vestro custodiri faciendum quousque dictum errorem suum revocaverit, et ad fidei Catholicæ unitatem redire voluerit, quantum in nobis est, licentiam concedimus specialem. In cujus, &c. "Teste rege apud Westmonasterium vicesimo die Martii.” From this licence, it is plain it was not the custom of the Church of England to go to extremities with heretics, to move for capital punishment, and deliver them over to fire and fagot. The common method in the spiritual courts was to carry their discipline no farther than imprisonment. When any person was convicted of heresy, the bishop petitioned the crown for leave to confine the criminal in the prison of the diocese; which, it seems, the ordinary could not have done without such an authority. This imprisonment was to continue during life, unless the person renounced his heterodoxy; in which case he was "rectus in curia," and restored to his liberty. I grant the learned Fitzherbert affirms burning was the punishment for vii. heresy by the common law; but then, as far as it appears, See vol. 1. this rigour was never executed till after the statute against the Lollards. To proceed: The kings of England, prior to the Reformation, were not unmindful to guard their crown against papal encroachments. Upon this view, James Dardain, the pope's collector, was obliged to give king Richard II. the security of an oath at the council-board. I shall translate the substance of this solemn engagement. He swears to be "true and faithful to our sovereign lord the king; neither to do or suffer, as far as in him lies, any thing to the prejudice of his highness, any thing that might be detrimental to the realm, or overbear the laws and public customs; that he would keep the king's secrets from all persons living; that he would neither execute, nor suffer the execution, of any of the pope's mandates, to the disadvantage of his majesty, of his prerogative, his laws, or his realm. "That, upon his receiving any letters from his holiness or the conclave, he will bring them to the privy-council, before he had either published or showed them to any person living; that he would export no money or plate out of England, nor make any remittances by bills of exchange, without special licence from the king or his council; that he would send no letters to foreign parts to the king's disservice. "That he would begin no new practice, either with foreign this Hist. 615. Ibid. 618. 2 Hen. 4. cap. 15. authority or without it, unless empowered by his majesty's special licence for that purpose; and, in case he received any such commission, he would lay it in the first place before the king or his council; and, lastly, that he would not convey himself out of the kingdom without his majesty's licence under the Conventio- broad seal." nes, Acta Publica, &c. tom. 7. p. 603. The year following, the king, in his writs, directed to the archbishops and bishops, takes notice the pope had attempted to tax the English clergy, and ordered the bishops to assist in levying the money. His majesty "complains of this as a new and unwarrantable imposition; that the parliament had addressed him upon this head, and made a provision against such demands. He therefore requires the lords spiritual, under the highest forfeitures, to desist from executing the pope's bull, and not contribute themselves in the least proportion for that Id. p. 644. purpose." viii. 13 Rich. 2. The last thing I shall observe under this prince is his majesty's writ issued to the high sheriff of Devonshire, “and to the mayor and bailiffs of Exeter, to support the chapter of that see in the free choice of a bishop; and that those who disturb the election should be committed." This order was sent Id. p. 792. to prevent the pope's provision from taking place. 18 Rich. 2. Henry IV., in the first year of his administration, restored thirty-two priories belonging to French monasteries, which had (some of them at least) been alienated by king Edward III.; but eight years afterwards, with the assent of the privy-council, he seized the revenues of the priors-aliens for the expense of his Conventio- household. nes, Acta Publica, &c. tom. 8. 510. To go on in the order of time, it may not be improper to p. 101, and acquaint the reader that the process against sir John Oldcastle, See Ist part and the tenets of this gentleman, translated from Walsingham of this Hist. in my first volume, agree with the record of that matter p. 650. Regist. Chichely, p. 2. entered upon the register at Lambeth. King Henry V. ordered that all bishops elect should be confirmed by their metropolitans, during the vacancy of the see of Rome. The instrument sets forth, "that, considering the present schism, their waiting for the choice of another pope was a dangerous expedient; that all the bishoprics in England might possibly become void by such delays; and that metropolitans confirming their suffragans, while the apostolical chair stood empty, was a customary practice in other countries." Conventiones, Acta Publica, &c. p. 337. The council of Constance was held in this reign. At this tom.9. synod the king's ambassadors and the other English representatives got the following reformation passed by the Fathers, and confirmed by pope Martin V. The articles point only upon discipline : And first it was agreed, that "the honour of the cardinalate should not be lavishly bestowed; that this distinction should be confined to a moderate number, that the Church might not be overburthened, nor the dignity grow cheap, by making the college too full; and that cardinals should be indifferently chosen out of all Christendom by the majority of that order. The rest of the articles relate wholly to the Churches of England, Wales, and Ireland. The foremost sets forth, "That indulgences and faculties being too plentifully granted by the apostolic see, for absolving those who offered at particular places for devotion; several people took the liberty to riot with less restraint: to slight their proper pastors; to ramble from their parish in pilgrimage after these celebrated indulgences, and refuse paying the duties at home in tithes and oblations." To remedy this grievance: "the diocesans are impowered to inspect these licenses, with authority to supersede such as are scandalous, and solicit the pope for a revocation. "2ndly, That for the future, no appropriations shall be made, unless the suggestions reported are approved by the bishop, who is to inquire into the truth and sufficiency of them. And livings appropriated upon frivolous and undue motives, should be restored to their former condition by the ordinary. "3rdly, That all unions, appropriations, and consolidations of perpetual vicarages, made since the schism, shall be revoked ix. 1 Some abbots. X. without exception, and perpetual vicars competently endowed for maintenance and hospitality, settled by the ordinary. “4thly, That all privileges of wearing mitre and sandals, and such episcopal distinctions, granted the inferior prelates 1, since the death of pope Gregory XI. shall be recalled. "5thly, That though plurality of benefices stands censured by the canons, and dispensations cannot be fairly given, (excepting to persons distinguished by birth or learning;) these favours, however, are not seldom improperly indulged: it is provided therefore, that this practice shall cease, and the regulations of the council take place: but as touching retrospections to be made by the ordinary, they were to be so managed, that nothing done should be unsettled, instances of scandal excepted. 66 6thly, That of late especially, several incumbents have procured dispensations from the pope, sometimes for seven years, sometimes during life, to excuse them from entering into such orders as are requisite to qualify them for their function and that the Church suffered very much by such relaxations. "To prevent these occasions of scandal, all such dispensations were to be cancelled, the beneficed persons put under the direction of the canons, and obliged to take proper orders, provided they were furnished for that purpose. "7thly, That since upon the score of dispensations being sometimes granted by the apostolic see for non-residency, and for enabling archdeacons to make their visitations by proxy, the cure of souls is neglected, and the episcopal authority fallen under contempt,— "It is therefore decreed, that no such dispensations shall be granted without express mention of a warrantable consideration and that his holiness shall send the ordinaries a commission to call in such dispensations as have been gained upon unreasonable suggestions. : "8thly, That all faculties granted by the court of Rome to any of the monastic order for holding benefices, either with cure or without that all such faculties not executed, and |