The authority of the church over the state, the supreme kingship of Christ, and consequently of him who was held to be Christ's vicar, above all worldly sovereignties, was an established reality of mediæval Europe. The princes had with difficulty preserved their jurisdiction in matters purely secular; while in matters spiritual, and in that vast section of human affairs in which the spiritual and the secular glide one into the other, they had been compelled—all such of them as lay within the pale of the Latin communion—to acknowledge a power superior to their own. To the popes was the ultimate appeal in all causes of which the spiritual courts had cognisance. Their jurisdiction had been extended by an unwavering pursuit of a single policy, and their constancy in the twelfth century was rewarded by absolute victory. In England, however, the field was no sooner won than it was again disputed, and the civil government gave way at last only when the danger seemed to have ceased. So long as the papacy was feared, so long as the successors of St. Peter held a sword which could inflict sensible wounds, and enforce obedience by penalties, the English kings had resisted both the theory and the application. While the pope was dangerous he was dreaded and opposed. When age had withered his arm, and the feeble lightnings flickered in harmless insignificance, they consented to withdraw their watchfulness, and his supremacy was silently allowed as an innocent superstition. It existed as some other institutions exist at the present day, with a merely nominal authority; with a tacit understanding, that the power which it was permitted to retain should be exerted only in conformity with the national will.
Under these conditions the Tudor princes became loyal subjects to the Holy See, and so they would have willingly remained, had not Clement, in an evil hour for himself, forgotten the terms of the compact. He laid upon a legal fiction a strain which his predecessors, in their palmiest days, would have feared to attempt; and the nation, after grave remonstrance, which was only received with insults, exorcised the chimæra
with a few resolute words for ever. The parliament, in asserting the freedom of England, carefully chose their language. They did not pass a new law, but they passed an act declaratory merely of the law which already existed, and which they were vindicating against illegal encroachment. "Whereas," says the Statute of Appeals, "by divers sundry old authentic histories and chronicles, it is manifestly declared and expressed that this realm of England is an empire, and so hath been accepted in the world; governed by one supreme head and king, having the dignity and royal estate of the imperial crown of the same; unto whom a body politic compact of all sorts and degrees of people, divided in terms by names of spiritualty and temporalty, be bound and ought to bear, next to God, a natural and humble obedience: he being also institute and furnished by the goodness and sufferance of Almighty God with plenary, whole, and entire power, pre-eminence and authority, prerogative and jurisdiction, to render and yield justice and final determination to all manner of folk resident or subject within this his realm, without restraint or provocation to any foreign prince or potentate of the world: the body spiritual whereof having power when any cause of the law divine happened to come in question, or of spiritual learning, [such cause being] declared, interpret, and shewed by that part of the body politic called the spiritualty, now usually called the English church; (which also hath been reported and also found of that sort, that both for knowledge, integrity, and sufficiency of numbers, it hath been always thought to be, and is also at this hour sufficient and meet of itself, without the interfering of any exterior person or persons, to declare and determine all such doubts, and to administer all such offices and duties as to the administration of their rooms spiritual doth appertain): and the laws temporal, for trial of property of lands and goods, and for the conservation of the people of this realm in unity and peace, having been and yet being administered, adjudged, and executed by sundry judges and administers of the said body politic called the temporalty: and seeing that both these authorities and jurisdictions do conjoin together for the due administration of justice, the one to help the other: and whereas the king's most noble progenitors, and the nobility and commons of this said realm at divers and sundry parliaments, as well in the time of King Edward I., Edward III., Richard II., Henry IV., and other noble kings of this realm, made sundry ordinances, laws, and provisions for the conservation of the prerogatives, liberties,
and pre-eminences of the imperial crown of this realm, and of the jurisdiction spiritual and temporal of the same, to keep it from the annoyance as well of the see of Rome as from the authority of other foreign potentates attempting the diminution or violation thereof, as often as from time to time any such annoyance or attempt might be known or espied: and notwithstanding the said good statutes and ordinances, and since the making thereof, divers inconveniences and dangers not provided for plainly by the said statutes, have risen and sprung by reason of appeals sued out of this realm to the see of Rome, in causes testamentary, causes of matrimony and divorce, right of tithes, oblations, and obventions, not only to the great inquietation, vexation, trouble, costs, and charges of the King's Highness, and many of his subjects and residents in this his realm; but also to the delay and let of the speedy determination of the said causes, for so much as parties appealing to the said court of Rome most commonly do the same for the delay of justice; and forasmuch as the great distance of way is so far out of this realm, so that the necessary proofs, nor the true knowledge of the causes, can neither there be so well known, nor the witnesses so well examined there as within this realm, so that the parties grieved by means of the said appeals be most times without remedy; in consideration hereof, all testamentary and matrimonial causes, and all suits for tithes, oblations, and obventions shall henceforth be adjudged in the spiritual and temporal courts within the realm, without regard to any process of foreign jurisdiction, or any inhibition, excommunication, or interdict. Persons procuring processes, inhibitions, appeals, or citations from the court of Rome, as well as their fautors, comforters, counsellors, aiders and abettors, all and every of them shall incur the penalties of premunire; and in all such cases as have hitherto admitted of appeal to Rome, the appeals shall be from the Archdeacon's court to the Bishop's court, from the Bishop's court to that of the Archbishop, and no further."[416]
The act was carried through Parliament in February, but again, as with the Annates Bill, the king delayed his sanction till the post could reach and return from the Vatican. The Bishop of Bayonne wrote that there was hope that Clement might yet give way, and entreated that the king would send an "excusator," a person formally empowered to protest for him that he could not by the laws of England plead at a foreign
tribunal; and that with this imperfect recognition of his authority the pope would be satisfied.
Chastillon, the French ambassador, had an interview with the king, to communicate the bishop's message.
"The morning after," Chastillon wrote, "his Majesty sent for me and desired me to repeat my words before the council. I obeyed; but the majority declared, that there was nothing in them to act upon, and that the king must not put himself in subjection. His Majesty himself, too, I found less warm than in his preceding conversation. I begged the council to be patient. I said everything that I could think of likely to weigh with the king, I promised him a sentence from our Holy Father declaring his first marriage null, his present marriage good. I urged him on all grounds, public and private, to avoid a rupture with the Holy See. Such a sentence, I said, would be the best security for the queen, and the safest guarantee for the unopposed succession of her offspring. If the marriage was confirmed by the Holy Father's authority, the queen's enemies would lose the only ground where they could make a stand. The peace of the realm was now menaced. The emperor talked loudly and made large preparations. Let the king be allied with France, and through France with the Holy See, and the emperor could do him no harm. Thus I said my proposals were for the benefit of the realm of his Majesty, and of the children who might be born to him. The king would act more prudently both for his own interest, and for the interest of his children, in securing himself, than in running a risk of creating universal confusion; and, besides, he owed something to the king his brother, who had worked so long and so hard for him.
"After some further conversation, his Majesty took me aside into a garden, where he told me that for himself he agreed in what I had said; but he begged me to keep his confidence secret. He fears, I think, to appear to condescend too easily.
"He will not, however, publish the acts of parliament till he sees what is done at Rome. The vast sums of money which used to be sent out of the country will go no longer; but in other respects he will be glad to return to good terms. He will send the excusator when he hears again from M. de Paris; and for myself, I think, that although the whole country is in a blaze against the pope, yet with the good will and assistance of the king, the Holy Father will be reinstated in the greater part of his prerogatives."