encroachments, however, do not yield so easily to treatment; nearly fifty years after it became necessary to re-enact the same statute; and while recapitulating the provisions of it, the parliament found it desirable to point out more specifically the intention with which it was passed.
The popes in the interval had absorbed in their turn from the heads of the religious orders, the privileges which by them had been extorted from the affiliated societies. Each English benefice had become the fountain of a rivulet which flowed into the Roman exchequer, or a property to be distributed as the private patronage of the Roman bishop: and the English parliament for the first time found itself in collision with the Father of Christendom.
"The pope," says the fourth of the twenty-fifth of Edward III., "accroaching to himself the signories of the benefices within the realm of England, doth give and grant the same to aliens which did never dwell in England, and to cardinals which could not dwell here, and to others as well aliens as denizens, whereby manifold inconveniences have ensued." "Not regarding" the statute of Edward I., he had also continued to present to bishopricks, abbeys, priories, and other valuable preferments: money in large quantities was carried out of the realm from the proceeds of these offices, and it was necessary to insist emphatically that the papal nominations should cease. They were made in violation of the law, and were conducted with simony so flagrant that English benefices were sold in the papal courts to any person who would pay for them, whether an Englishman or a stranger. It was therefore decreed that the elections to bishopricks should be free as in time past, that the rights of patrons should be preserved, and penalties of imprisonment, forfeiture, or outlawry, according to the complexion of the offence, should be attached to all impetration of benefices from Rome by purchase or otherwise.[452]
If statute law could have touched the evil, these enactments would have been sufficient for the purpose; but the influence of the popes in England was of that subtle kind which was not so
readily defeated. The law was still defied, or still evaded; and the struggle continued till the close of the century, the legislature labouring patiently, but ineffectually, to confine with fresh enactments their ingenious adversary.[453]
At length symptoms appeared of an intention on the part of the popes to maintain their claims with spiritual censures, and the nation was obliged to resolve upon the course which, in the event of their resorting to that extremity, it would follow. The lay lords[454] and the House of Commons found no difficulty in arriving at a conclusion. They passed a fresh penal statute with prohibitions even more emphatically stringent, and decided that "if any man brought into this realm any sentence, summons, or excommunication, contrary to the effect of the statute, he should incur pain of life and members, with forfeiture of goods; and if any prelate made execution of such sentence, his temporalities should be taken from him, and should abide in the king's hands till redress was made."[455]
So bold a measure threatened nothing less than open rupture. The act, however, seems to have been passed in haste, without determined consideration; and on second thoughts, it was held more prudent to attempt a milder course. The strength of the opposition to the papacy lay with the Commons.[456] When the session of parliament was over, a great council was summoned to reconsider what should be done, and an address was drawn up, and forwarded to Rome, with a request that the then reigning pope would devise some manner by which the difficulty could be arranged.[457] Boniface IX. replied with the same want of judgment which was shown afterwards on an analogous occasion
by Clement VII. He disbelieved the danger; and daring the government to persevere, he granted a prebendal stall at Wells to an Italian cardinal, to which a presentation had been made already by the king. Opposing suits were instantly instituted between the claimants in the courts of the two countries. A decision was given in England in favour of the nominee of the king, and the bishops agreeing to support the crown were excommunicated.[458] The court of Rome had resolved to try the issue by a struggle of force, and the government had no alternative but to surrender at discretion, or to persevere at all hazards, and resist the usurpation.
The proceedings on this occasion seem to have been unusual, and significant of the importance of the crisis. Parliament either was sitting at the time when the excommunication was issued, or else it was immediately assembled; and the House of Commons drew up, in the form of a petition to the king, a declaration of the circumstances which had occurred. After having stated generally the English law on the presentation to benefices, "Now of late," they added, "divers processes be made by his Holiness the Pope, and censures of excommunication upon certain bishops, because they have made execution of the judgments [given in the king's courts], to the open disherison of the crown; whereby, if remedy be not provided, the crown of England, which hath been so free at all times, that it has been in no earthly subjection, should be submitted to the pope; and the laws and statutes of the realm by him be defeated and avoided at his will, in perpetual destruction of the sovereignty of the king our lord, his crown, his regality, and all his realm." The Commons, therefore, on their part, declared, "That the things so attempted were clearly against the king's crown and his regality, used and approved of in the time of all his progenitors, and therefore they and all the liege commons of the realm would stand with their said lord the king, and his said crown, in the cases aforesaid, to live and die."[459] Whether they made allusion to the act of 1389 does not appear—a measure passed under protest from one of the estates of the realm was possibly held unequal to meet the emergency—at all events they would not rely upon it. For after this peremptory assertion of their own opinion, they desired the king, "and required
him in the way of justice," to examine severally the lords spiritual and temporal how they thought, and how they would stand.[460] The examination was made, and the result was satisfactory. The lay lords replied without reservation that they would support the crown. The bishops (they were in a difficulty for which all allowance must be made) gave a cautious, but also a manly answer. They would not affirm, they said, that the pope had a right to excommunicate them in such cases, and they would not say that he had not. It was clear, however, that legal or illegal, such excommunication was against the privileges of the English crown, and therefore that, on the whole, they would and ought to be with the crown, loialment, like loyal subjects, as they were bound by their allegiance.[461]