WAR- of the lower house to the bishop of Rochester, by whose advice Abp. Cant. they seemed disposed to govern themselves and to wait for Until Mon- this prelate's resolution they adjourned three days. Now day, May 13. Fisher's principles were not likely to put the clergymen upon any measures acceptable to the court. The king therefore, being informed to whom the matter was referred, sends for the speaker of the house of Commons, and complains the clergy The king were but half his subjects. To justify this imputation, he sugcomplains of gests an inconsistency between the oaths taken by the bishops sistency of and abbots to the pope, and that of allegiance. These two by the clergy, oaths being read by the king's order in parliament, not only overawed the clergy to a closer submission, but also led the Ld. Herbert, way to a full renunciation of the pope's authority. an incon oaths taken p. 335. The bishops' pope. Hist. Re And that the reader may judge how far this complaint was reasonable, I shall lay them before him. Their Oath to the Pope. “I, John, bishop or abbot of A., from this hour forward oath to the shall be faithful and obedient to St. Peter, and to the holy Bp. Burnet, Church of Rome, and to my lord the pope and his successors form. pt. 1. canonically entering. I shall not be of counsel nor consent p. 123, 124. that they shall lose either life or member, or shall be taken or suffer violence or any wrong by any means. Their counsel trusted as a secret to me, their messengers or letters, I shall not willingly discover to any person. The papacy of Rome, the rules of the holy Fathers, and the regalia of St. Peter, I shall support, maintain, and defend against all men. The legate of the see apostolic going and coming I shall honourably treat. The rights, honours, privileges and authorities of the Church of Rome, I shall endeavour to preserve, defend, augment and promote. I shall not be in council, treaty, or in act, in the which any thing shall be contrived against the Church of Rome, their rights, sees, honours or powers. And if I know any such to be moved or compassed, I shall resist it to Bishop Bur- my power, and as soon as I can, I shall advertise him or such as may acquaint him with it. The rules of the holy Fathers, the decrees, ordinances, sentences, dispositions, reservations, provisions and commandments apostolic, to my power I shall keep, and cause to be kept by others. Heretics, schismatics, persecute." and rebels to our holy Father, and his successors, I shall Tet trans- ginal by VIII. resist and prosecute to my power'. I shall come to the synod HENRY when I am called, unless hindered by a canonical impediment. The thresholds of the apostles I shall visit yearly in person, or by my deputy. I shall not alienate or sell my possessions without the pope's advice. So help me God and the holy evangelists." 66 Their Oath to the King. I, John, bishop of A., utterly renounce, and clearly for- Their oath sake, all such clauses, words, sentences, and grants, which I to the king. have, or shall have hereafter of the pope's holiness, of and for the bishopric of A. that in any ways have been, are, or hereafter may be hurtful or prejudicial to your highness, your heirs, successors, dignity, privilege or estate royal. And also I do swear, that I will be faithful and true, and faith and truth will bear to you my sovereign lord, and to your heirs, kings of the said realm, of life and limb, and earthly worship, above all creatures, for to live and die with you and yours, against all people. And diligently I shall be attendant on all your affairs and business according to my skill and power; and your counsel I shall keep, acknowledging myself to hold my bishopric of you only, beseeching you for the restitution of the temporalities of the same, promising as before that I shall be Burnet's a faithful, true and obedient subject to your highness, heirs and successors, during life: and the services due to highness for the restitution of the temporalities of the bishopric, I shall truly and obediently perform. So help God and the holy evangelists." In bishop translation your it is "So help But "all not in the original. Cotton. the Libr. Cleop. be pro E. 6. fol. 54. any danger- between these I have transcribed bishop Burnet's translation as to main: this learned historian supposes the contradiction tween these two oaths was so visible, that it had soon duced a severe censure from the house, if the plague had not sistency hindered, and brought on a prorogation. But then he is not othe pleased to give us the proof of this conjecture. And possibly after all, the inconsistency between these oaths may not be so clear as has sometimes been pretended. The most exceptionable clause in the bishops' engagement to the pope, is their swearing to maintain the regalia or royalties of St. Peter. Now why may not these words be restrained to a spiritual 1 Burnet appears not to have recollected the distinction between prosequor and persequor, above noted. 69. WAR НАМ, supremacy? These the bishops promised to maintain against Abp. Cant. all men; that is, within the compass of their duty and character. And in case the court of Rome should wrest the oath, and enlarge their claim to temporal homage; to give the king security against their consent to any such encroachment, the bishops in their oath of allegiance renounce all clauses, which may be dragged to such an abuse, or construed to the prejudice of the crown. The clergy reputed loyal in preceding reigns. That the clergy did not believe the pope monarch of Christendom, or that they were the king's subjects only during his holiness's pleasure, appears plainly enough by the form of their late submission. For in the first draught of this kind, though they maintain their legislative authority in spiritual matters, yet as to temporal cases and concerns, they make no scruple to profess themselves the king's subjects, and own him their supreme head in the most respectful and comprehensive terms See the imaginable. And that this was the sense of the English clergy's Church in former reigns, appears by the instance of archbishop first address, and bishop Courtney; who solemnly declared, that in case any prelates protestation. were translated to sees in foreign dominions, or the sage lieges of the king's council were forced out of the kingdom against their will, that by this means the wealth and treasure of the nation should be exported: in this case the archbishop declares such translations would be prejudicial to the crown: for which reason he resolves to adhere to the king, and endeavour as bound by his allegiance to support his highness in this and all other instances in which the rights of his crown are concerned; and lastly, he desired this schedule might be entered upon the parliament-roll, which was done accordingly. Tonstal's Cotton's Abridgment, p.348. From this declaration of the archbishop, it is plain he did 16 Rich. 2. not assert the pope's supremacy so far as to weaken his allegiance and make him an ill subject. Farther, this schedule of the archbishop seems to have led the way to the statute of Præmunire, passed in this parliament. For the preamble is but a copy, as it were, of this declaration. The bill was brought in by the commons, who prayed the king to examine the opinions of the lords spiritual and temporal upon the contents. The question being put, the lords temporal promised to stand by the king against the pope's encroachments; neither were the engagements of the lords spiritual less loyal and satisfactory for they concurred wholly with the commons' petition, and renounced the pope in all his HENRY attempts upon the crown. VIII. 16 Rich. 2. cap. 5. Thus we see the then Church of England was no vassal to the court of Rome: neither do we find the pope exerted any censure upon the prelates, or charged them with the breach of their oaths, for this solemn adherence to the civil magistrate. And that the practice of the clergy was suitable to this declaration, we have the testimony of sir Edward Coke, whose custom is not to flatter that order. This celebrated lawyer having observed that, both before and after the reign of king Henry III. many of the judges and great officers of the realm. were of the clergy: having observed this, he gives them the commendation of a general integrity: stating that they were not overborne by any partialities to the court of Rome: that they were true to their office and the constitution: that they constantly maintained the laws of England, so that no encroachment or breach was made upon them by any foreign power. Farther, the king, upon the perusing these oaths, complains stitutes, the prelates were but half his subjects. His majesty then grants they were half what he desired: now does it not appear in West by things then upon the anvil, that the king was pushing his regale to an unusual extent, and governed by some people mal-intentioned to the Church? In short, it seems not improbable the king was now designing to enlarge his prerogative over the clergy, and annex the papal pretensions to the crown. Now, these things considered, the bishops' engagements to the pope ought to be candidly interpreted. For to strain the oaths to a contradiction without necessity, and make the prelates so constantly forsworn, is neither justice to their memories, nor serviceable to religion. Coke's In pt. 2. fol.96, et deinc. Primer, cap. 51. fol. 265. wards com However, this complaint made a strong impression upon the The king's clergy, and brought them to a compliance with the king's draws the complaint terms, upon the first article. And thus they promised "not clergy toto enact, promulge, or put in execution, any constitution made pliance. for the future, unless they had the royal assent for that purpose." This was likewise assented to by the lower house, on condition the promise might bind them for the king's life only. But upon the second article, neither of the houses could be driven any farther, than to refer all the old canons to the king's inspection and judgment; promising withal to qualify WAR- or annul such as should be disliked by his highness: but then Abp. Cant. this promise was encumbered with a general saving. This proviso made the clergy judges of the canons, and masters of any doubtful construction: so that it was thought the old canons were still at their disposal, to be kept or given up, as they should think fit. Dr. Atterbury's Rights, &c. lish Convo This answer not coming up to the king's expectation, he of an Eng- resolved to come closer in his next demands: and to prevent cation, Ap an evasive resolution, he took care to press them hardest where pend. p. 534. Cotton. they endeavoured to be most at liberty. Thus a new form Libr. Cleop. F. 6. fol. 96. was sent to them and here they are expressly required neither to attempt, allege, claim, or put in ure' any of the old canons without leave from the crown; nor yet to enact, promulge, or execute any new ones. And all this without any limitation to the king's life, or any other favourable salvo See Records, whatsoever. num. 19. Dr. Atterbury, ibid. But they refuse to go the length demands. Duke of This form was looked on as somewhat rigorous, it seemed to disable the convocation, and lay the authority of the Church asleep. For thus, as has been observed by a learned remarker, not only the legislative power of the hierarchy, but also the jurisdiction of the prelates, had been extinguished, or, which is much the same thing, made precarious, and wholly dependent on a foreign society. The prelates, therefore, who had hitherto been obsequious and resigning, refused positively to comply to this length. of the king's The king perceiving the matter stick, sent six noblemen to them, to try to overbear their constancy. But it seems their Norfolk, marquis of courage did not desert them upon this occasion. For after an Exeter, earl hour's conference with these lords, they returned this final of Oxford, lord Sands, answer, "That they could not submit to the clause prescribed, Bullen, and Rochford. 'not to attempt, claim, or put in ure any of the old canons Journal of without leave from the crown.' the Convocation. 70. The apprehension of a storm from the court was more prevalent upon the lower house, who passed the submission in the terms prescribed. When this paper was brought up to the By their last prelates, the archbishop acquainted them how the matter submission, had passed at their conference with the temporal lords; that they are only barred the they expected a return of their message to the king, and hoped enacting new his highness would condescend to an abatement. About noon, the lords above-mentioned came back, with the king's consent canons without leave from the crown. 1 Ure, old word for use. |