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Though this was said to serve a turn, yet it is very probable that if the barons and clergy had been just to the rights of the

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rogatives as foreign nations have been accustomed unto

Hooker, B. viii. c. vii. § 1-4. Vol. iii. p. 524—9. Keble's edit.

We now come to Twisden.

“Before I enter into the dispute of the rights the kings of England did exercise in the regimen of the church, I hold it not unnecessary to see in what divines hold that ecclesiastic authority doth consist.

“Bellarmine, Turrecremata, and others, divide spiritual power into (1) Ordinis, which they refer to the administration of the sacraments; and (2) Jurisdictionis : which latter they hold to be double ; (1) internal, where the divine by persuasions, wholesome instructions, ghostly counsel, and the like, so convinces the inward conscience, that it is wholly obedient to his dictates (such as those of St. Peter were in Acts ii. 37): and (2) external ; where the church, in foro exteriori, compels the Christian’s obedience.

Now for the first and second of these our king did not take upon him at all to meddle For he neither assumed to himself a power of preaching, teaching, binding or loosing in foro animæ, administering the holy sacraments, conferring orders, nor any particular that is properly annexed to them. Only he took upon himself such things as are of the outward policy of the church : such as, that God may be truly served; they that transgress the received lawful constitutions, even of the church, may be fitly punished, &c. : these, and the like by the rights of his crown, and the continued practice of his ancestors, he could not doubt but he might deal in; causing all, be they clerks or others that offend, to suffer condign punishment.” Vindication, p. 93. 4to. 1675.

When he comes to enumerate at large the particulars in which our kings exercised this species of jurisdiction, he mentions as the 12th; “ Bestowed bishoprics on such as they liked, and translated bishops from one see to another." p. 109.

We close the whole finally with Hooker's observations on parochial patronage and presentations.

“Now when the power (of orders) so received (from the bishop) is once to have any certain subject whereon it may work, and whereunto it is to be tied, here cometh in the people's consent, and not before. The power of order I may lawfully receive without any asking leave of any multitude; but that power I cannot exercise upon any one certain people utterly against their wills; neither is there in the church of England any man by order of law possessed with pastoral charge over any parish, but the people in effect do choose him thereunto. For albeit they choose not by giving every man personally his particular voice, yet can they not say that they have their pastors violently obtruded upon them, inasmuch as their ancient and original interest therein hath been by orderly means derived into the patron, who chooseth for them. And if any man be desirous to know how patrons came to have such interest, we are to consider, that at the first erection of churches, it seemed but reasonable in the eyes of the whole Christian world to pass that right to them and their successors, on whose soil and at whose charge the same were founded. This all men gladly and willingly did, both in honour of so great piety, and


crown, and had given the king such assistances against the court of Rome as they ought to have done, they had prevented those things which the greatest partiality to one's country and ancestors will not suffer one to speak of in softer terms than as the blemish of the English name and nation, as well as of this unhappy prince's reign.

For if the king gave away the rights of his crown, pope Innocent led him to it by giving away his kingdom to Philip king of France; and the barons followed the example in their turn, and gave away the kingdom to prince Lewis his son.

Thus, in the compass of about four years, the kingdom of England was three times given away; a misfortune, if I mistake not, peculiar to this nation; and which is worse, our ancestors helped to undo themselves, and had too great a share in the guilt that occasioned both the dishonour and the misery which fell upon their country. For though this wild doctrine of deposing kings and giving away countries had been broached by pope Gregory some time before, yet these nations had probably never felt the effects thereof, if the resentment and some sinister ends of the barons had not led them to give too much countenance to the imposture, when pope Innocent pretended to give away the kingdom to Philip king of France.

But that wrong step being once made, it is no wonder if the rights of the subject fell and perished with those of the crown; for the texture and frame of every well-ordered government is so nice and delicate, and the rights of the prince and people are so riveted into one another, that, like wheels to the same machine, they never move right but in conjunction and under a well-proportioned balance. But whatever the cause was, it is certain, the effects were deplorable ; for they who agreed in nothing else, united in desolation and blood, and each side had its turn to lay waste the kingdom.

Whilst the nation was thus groaning under the miseries of a bloody and unnatural war, God opened the way to a deliverance by the death of pope Innocent and king John, who died both within the compass of this year (1216); the first in July, the latter in October following: men so very different in their characters and


for encouragement of many others unto the like, who peradventure else would have been as slow to erect churches or to endow them, as we are forward both to spoil them, and to pull thein down.” B. vii. c. xiv. § 12. Vol. iii. p. 287. Keble's edit.


conduct, that it is not easy to determine whether pope Innocent did more towards raising the ecclesiastic monarchy, or king John towards lessening the monarchy of England.

As for the former, such was his conduct and success, that he who will take the height of the papal grandeur, must make his view in the reign of pope Innocent: for as the learned and judicious M. Du Pin well observes, the popes have ever since taken their measures from the polity of his reigna; so he observes too, that the publishing the decretals, containing a body of laws suited to the present state of the papal monarchy, gave “the last blow towards the entire ruin of the ancient law, and the establishing the absolute and unlimited power of the pope b.” And though the collection and publication of those decretals be owing to pope Gregory the ninth, and not to Innocent; yet it is evident that Gregory was immediate successor to Honorius the third, and came to the papacy within eleven or twelve years after the death of pope Innocent, and that the papacy made no considerable advance in that interval of time. Besides, he who looks to the decretals of pope Innocent, as they are for the most part published by Baluzius in the first volume of his Epistles, or as they are scattered in the decretals of Gregory; and considers how much of that work is taken from thence and from his Epistles; will see reason to affirm, not only that pope Innocent carried the papacy to its greatest height, but also that it was he who laid the foundation of that law, which (as M. Du Pin saith) gave the last hand' to the papal usurpation.

* Eccles. Hist. vol. xi. p. 11. b Eccles. Hist. Cent. xi. chap. x. p. 55.

· The last hand.] Further on the introduction of the canon law into England, see Inett, vol. ii. p 194—7.

Of its character, history, &c. in general, of the extent to which it is binding in England, &c. the reader may consult bishop Stillingfleet's Ecclesiastical Cases, vol. i. 227–74, and vol. ii. 1-60; Gibson's Codex, vol. i. Preface, xxvii.—ix.; Ridley's View of the Civil Law.

The following account of the publication of the decretals, and of the other portions of which the huge volume of the Corpus Juris Canonici, &c. is composed, may perhaps be not unsatisfactory.

“ Justinian the emperor, about the year 533, did so contract the civil law, as he brought it from almost 2000 books into 50; besides some others, which he added of his own. Howbeit shortly after it grew out of use in Italy, by reason of the incursions of sundry barbarous nations, who, neglecting the imperial laws, did practise their own : till after almost 600 years, that Lotharius Saxo the emperor, about the year 1136, did revive again in that country, and in other places also, the ancient use and authority of it.

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But so dark and unsearchable are the methods of the divine providence, that notwithstanding the great share which pope Inno

Which course of the emperour did not much content (as it seemeth) the bishops of Rome; because it revived the memory of the ancient honour and dignity of the empire. Whereupon, very shortly after, Eugenius the third set Gratian in hand to compile a body of canon law, by contracting, into one book, the ancient constitutions ecclesiastical, and canons of councils; that the state of the papacy might not, in that behalf, be inferiour to the empire. Which work the said Gratian performed, and published in the days of Stephen king of England, about the year 1151, terming the same concordia discordantium canonum,' a concord of disagreeing canons. Of whose great pains therein, so by him taken, a learned man saith thus : ‘Gratianus ille jus pontificale dilaniavit, atque confudit:' that fellow Gratian did tear in pieces the pontifical law, and confound it; the same being, in our libraries, sincere and perfect. But this testimony, or any thing else to the contrary, that might truly be objected against that book notwithstanding) the author's chief purpose being to magnifie and extol the court of Rome, his said book got (we know not how) this glorious title, ‘Decretum Aureum Divi Gratiani,' the Golden Decree of St. Gratian; and he himself (as it appeareth) became, for the time, a saint for his pains.

“ Indeed he brake the ice to those that came after him, by devising the method, which since hath been pursued, for the enlarging and growth of the said body, by some of the popes themselves. Gregory the ninth, about the year 1236, and in the time of king Henry the third, after sundry draughts made by Innocentius the third, and others, of a second volume of the canon law, caused the same to be perused, enlarged, and by his authority to be published; and being divided into five books, it is intituled “The Decretals of Gregory the Ninth.' Boniface the eighth, the great Augustus (as before we have shewed), commanded likewise another collection to be made of such constitutions and decrees, as had either been omitted by Gregory, or were made afterward by other succeeding bishops and councils; and this collection is called “ Sextus Liber Decretalium,' the Sixth Book of the Decretals; and was set out to the world in the year 1298, in the reign of king Edward the first. Clement the fifth, in like manner, having bestowed great travel upon a fourth work, comprehending five books, died before he could finish it: but his successour, John the twenty-second, did, in the year 1317, and in the time of king Edward the second, make perfect, and publish the same work of Clement, and gave it the name of The Clementines.' Afterward, also, came out another volume, termed. The Extravagants ;' because it did not only comprehend certain decrees of the said John the twenty-second, but likewise sundry other constitutions, made by other popes, both before and after him ; which flew abroad uncertainly in many men's hands, and were therefore swept up, and put together about the year 1478 into one bundle, called • Extravagant Decretals,' which came to light ‘post sextum, after the sixth. By which title the compiler of this work would gladly (as it seemeth) have had it accounted the seventh book of the Decretals : but it never attaining that credit, the same, by Sixtus Quintus's assent, is attributed to a collection of

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VOL. 1.


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cent had in that usurpation, with which God was pleased to punish the Christian church ; notwithstanding the unspeakable miseries which his ambition had drawn upon the world, and the scenes of cruelty and the seeds of mischief which he had prepared for afterages ; God thought fit to let him go down to the grave by the common course of nature.

On the other hand, the death of king John, like the paths of the dead, is still in the dark, and will in all probability remain a subject of doubt till the revolution of the great day. Some of our writers say, that he was poisoned by a monk of Swinshead abbey in Lincolnshire; whereas those of the Romish church pretend that this is all malice, and designed as a reproach on that order of men on whom it is laid, and have the confidence to tell the world, it is a fiction owing to the Reformation. But if it be a fiction, it is certainly older than the Reformation; and if this be a made tale, it is not owing to the reformers, but ought to be laid at the door of those who ought to be ashamed of it. For if the monks of Swinshead had not the guilt of that prince's death, they suffered a wild bigotry so far to have prevailed over truth and religion, as to take the guilt thereof to themselves, by appointing and continuing priests to say mass for the monk, who was supposed to be the doer thereof: and thus they propagated their own infamy to succeeding ages. But whatever gave beginning to this report, if it be omitted by M. Paris, the chronicles of Wikes a and Hemingford b, written before the Reformation, relate at large all the circumstances of that story.

Thus did this unfortunate prince end his life and his reign, and reproach and dishonour dwell for ever upon his memory. But though no eloquence is sufficient to brighten his character, or to excuse his conduct, especially that unworthy submission to the


certain other constitutions made by Peter Matthew, of divers popes, from the time of Sixtus the fourth, who died in the year 1484. To all these books mentioned, there have been lately added three great volumes of ‘Decretal Epistles, from St. Clement to Gregory the seventh's days; also a huge heap of the · Pope's Bulls,' from the said Gregory's time to Pius Quintus; and lastly, no short summ of ‘Papal Constitutions,' set forth a little before the said seventh book of the Decretals.-So as all these volumes being put together, they exceed as far the body of the civil law, as the usurped dignity of the papacy exceedeth the mean estate of the empire.” Bishop Overall's Convocation Book, of A.D. 1606. p. 320—2. A.D. 1690. 4to.

** Chron. Wikes, Col. Gal. vol. ii. p. 38.
b Chron. Hemingf. Col. Gal. vol. ii. p. 559.

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