Whilst, for example, he was pursuing his conquests in Normandy, the report no sooner reached him of a preacher named Vincentius, (who was labouring zealously in the cause of Christ in various parts of Brittany, and who was said by his earnest and affectionate preaching to have converted many to the Lord their God,) than Henry sent for him, and took great delight in hearing his faithful expositions of the word of truth and life. And we have good reason for believing that the consolations of the pure doctrines of the Gospel, as a guardian angel ministering the cup of Heaven, attended him through life and in death.
There is no intimation dropped by historians, nor is it intended in these Memoirs to intimate, that Henry's eyes were opened to the doctrinal errors of the church of Rome. But there are circumstances well worthy of consideration before we pronounce definitively on that point. When we bear in mind that, in those days, prayers and vows were habitually made to the Virgin for success, and, after any prosperous issue of the supplicants' exertions in war or peace, offerings of thanksgiving were addressed to her as the giver of victory and of every blessing; and whilst, at the same time, we find in Henry of Monmouth's letters and words no acknowledgment of any help but God's only; the question may be fairly entertained, whether he had not imbibed some portion of the pure light of Gospel truth on this very important article of Christian faith. The Author is well aware of the words at the close of his Will, referred to hereafter; and is very far from saying that he should be surprised to find other instances of a similar character. Still Henry's silence as to the power and assistance of the Virgin, the absence of prayer to her in his devotions, many of which are especially recorded; the absence of praise to her after victory and success, though he was very far from taking praise to himself, always ascribing it to God Almighty only, may seem to justify the suggestion of an inquiry into this point.
For a knowledge of the degraded state to which the church had sunk, and her inefficiency as the guardian and dispenser of religious truth, we are not left to the vague representations of declaimers, or the heated exaggerations of those by whom everything savouring of Rome is held in abomination. The preambles of the laws which were intended to cure the evils, bear the most direct and full evidence of their existence and extent. One parliamentary document, after prefacing that "Benefices were founded for the honour of God, the good of the founders, the government and relief of the parishioners, and the advancement of the clergy," then states "that the spiritual patrons, the regular clergy throughout the whole realm, mischievously appropriate to themselves the said benefices, and lamentably cast to the ground the houses and buildings, and cruelly take away and destroy divine service, hospitality, and other works of charity, which used to be performed in the said benefices to the poor and distressed; that they exclude and ever debar the clergymen from promotion, and privately convey the treasure of the realm in great sums to the court of Rome,—to the confusion of their own souls, the grievous desolation of the parishioners[36] and the whole country, the ultimate ruin of the clergy, the great impoverishment of the realm, and the irrecoverable ruin of the holy church of England."[37]
A case argued before the judges in the time of Henry IV, very interesting in itself, and closely connected in many points with the subject of this chapter, is recorded in the Year Books. The argument arose on a writ of Quare impedit, directed against Halomm (Hallam) Bishop of Salisbury and Chichel (Chicheley) Bishop of St. David's, afterwards Archbishop of Canterbury. The question at issue regarded the voidance of a prebend in the church of Salisbury, caused by Chicheley being created Bishop of St. David's, who held that prebend, to which he had been presented by Richard Medford, a former Bishop of Sarum. Against the King's claim of right of presentation to the void prebend, the defendants answered that the Pope had granted to Chicheley licence to enjoy all the preferments which he held before, together with his bishopric. For the King's right it was pleaded, that the creation of Chicheley took place whilst the temporalities of Sarum were in the hands of the King, on the translation of Hallam from York to Sarum;[38] but the question at length turned virtually upon the power of the see of Rome to dispense with the laws of England.
In the first sitting (Mich. 11 Henry IV.—i.e. 1409), Horton for the defendants alleged, "We continued in possession of the prebend after Richard Hallam had received the temporalities from the hands of the King. Subsequently to which, and before we were created Bishop of St. David's, our Saint Peter the Apostle, reciting by his bulls that we were elected Bishop of St. David's, granted us licence to enjoy all our other benefices." On which, Thirning, Justice, observed, "The grant of the Apostle in this case cannot change the law of the land." To which Hankford (who proved himself throughout the most zealous supporter of the omnipotence of the Popedom) merely replied, "The Pope can do all things;" his use of the Latin words evidently showing that he was quoting a dictum,—"Papa omnia potest." After some discussion, and a reference to former precedents chiefly alleged by Hankford, Thirning rejoins very significantly, "That was in ancient times, and I will not raise the question as to the power of the Apostle; but I cannot see how he by his bulls can change the law of England."[39] In the third deliberation, Culpeper says, "The intention of the statute is now to be considered; and I conceive that it was made to protect the King and other patrons in their rights, and to restrain the encroachment of the Apostle which he makes against the law." On the third discussion, Till argued, "Since by the law of the land the creation of a bishop causes a voidance in fact of a benefice before held, and by such voidance the title of presentation or collation accrues to the patron, I say that the Apostle can by no grant beforehand oust the patron of his right, and restrain the title which ought to accrue to him upon such creation: for if so, he ought to restrain and change the course of inheritance by the law of the land; and that he cannot do, no more than if the King wished to give or grant to a man that he should hold his lands after he has entered upon a monastic life, and professed; for such grant would be contrary to the common law of the land, and therefore would be altogether void. So also in this case." To this argument Horton replied, among other points, "I take it that the Apostle may grant to a man to hold three bishoprics at a time;" in which Hankford agreed, "provided it were with the consent of the patrons." On which Skeene observed, "If the Pope made such a grant, the King might retain the temporalities in his own hands, if he wished it." To this observation, Hankford, among many other things, said, "The Apostle can in many cases change the course of the law of the land, and prevent the occurrence of that which ought to follow." The same judge, pressing again the argument on which he had before relied, asks, "What say ye? suppose the Apostle, before a man becomes a professed monk, grants him a dispensation to hold his benefices after his profession?"—"I say," replied Hill, "that in such a case he cannot deprive me of my right of patronage."
The question at issue was found to be so difficult of solution, and the judges viewed the law of the case in such opposite lights, that it was argued and debated between them by adjournment in four several terms; at length the advocates of the Pope's omnipotence gave way, and judgment was given for the Crown.[40]
Among many memorable facts recorded by the Year Book during the progress of this cause, most persons probably will regard with interest the resistance made by the Crown, at this period, against the encroachments of the Pope,—the boundless power, ecclesiastical and political, assumed and exercised by the pontiff, and conceded to him in England,—and, at the same time, the spirit which shows itself on the part of some of our judges to vindicate the supremacy of the law of England over the alleged omnipotence of the court of Rome. The great difference of opinion also as to the power of the Pope, expressed by the members of the judicial bench, cannot fail to interest every Englishman, whether lawyer or not; whilst the terms in which some of the judges speak of the encroachments of the Apostolic see, against which the legislature of England had deemed it necessary to enact some stringent laws, are not a little remarkable. But to Protestants of the present day, perhaps the most surprising feature of all may appear to be the title ascribed to the Pope by the judges, whilst publicly and solemnly dispensing the laws of the country. They do not speak of him as the Pope, except once in the citation of a Latin dictum; nor do they refer to him as a sovereign pontiff exercising the delegated authority of the chief Apostle, and representing him in the church militant on earth: they do not give him the title of "successor to St. Peter," or "our father filling the Apostolic chair:"—they speak of him throughout in direct terms as "the Apostle;" and in some passages they even call him "Saint Peter," and "our Saint Peter" the Apostle.[41] It is however very curious, in tracing the argument in this cause, to lay the strong terms employed by the advocates of the Pope's paramount authority side by side with the striking expressions used by others of those high functionaries on the supremacy of the English law, and the inability of the Apostolic see in the plenitude of its power to change or dispense with the common or statute law of the realm.
Abuses such as we have referred to in the previous sections of this chapter prevailed everywhere, and called loudly for vigorous measures to rectify them. At the same period the church through Christendom was distracted and torn by contending factions, each supporting a pontiff of its own.
To put an end to these disgraceful and unhappy feuds, as destructive of the peace of Europe as they were hurtful to the cause of true religion, and to effect a full reformation in the church, the Council of Constance was professedly convened. That synod was summoned nominally by Pope John XXIII, but in reality by the united voice of the sovereigns of Europe, especially at the instance of the Emperor Sigismund himself. It falls not within the province of these Memoirs to record the proceedings of that council, either in extinguishing the flame of discord within the pale of the church, or in kindling the sadder flame of persecution[42] against all who dared to think for themselves in a matter peculiarly their own, or in its lamentable forgetfulness of the abuses for the correction of which it was mainly convened. The records of the Council of Constance, however, abound in matters of interest in connection with the immediate and professed object of this work. We infer from them that Henry V. was then taking a lead in religious matters, and, whilst he was anxious to resist the overbearing tyranny of Rome, he was at the same time bent on making the religious establishment within his own kingdom an efficient means of conveying to all his subjects the blessings of the Gospel; he was an honest reformer of abuses, but, at the same time, the conscientious and uncompromising supporter of the religion of his fathers.
It was on the 20th of October 1414, that Robert Hallam, Bishop of Salisbury, the Bishops of Bath and Hereford, the Abbot of Westminster, the Prior of Worcester, Lord Warwick, and others, were commissioned by Henry to proceed to Constance, and as his representatives[43] to treat about the reformation of the universal church; or, as the Pell Rolls speak, "for the salvation of Christian souls." Another body of commissioners was subsequently sent, when not less than four hundred Englishmen went in company of the embassy, among whom were reckoned two archbishops, seven bishops, and many other lords and gentlemen. Of those who were first commissioned by Henry, Robert Hallam (or Allam) was most strenuous in urging the work of reformation before and above all other matters with which they had to do. The Cardinals were equally urgent to have the election of Pope first settled, and then to proceed afterwards to the question of reformation. The Bishop of Salisbury, acting, doubtless, with the full approbation, it may be at the immediate suggestion of Henry, was instant, in season and out of season, in forcing the work of reformation on the Council. He was called the Emperor's right hand, so entirely did he and Sigismund co-operate for this purpose. Indeed, the English generally appear at first to have been among the principal promoters of reform, and, as long as Hallam lived, to have pursued it zealously; but on his death[44] they were much less noted for the same zeal. Previously, however, to that event, a great schism arose among the English at Constance, and the authority of the bishops was much disregarded. To remedy these disorders, Henry wrote a peremptory letter (18 July 1417), commanding all his people to be obedient to the bishops, and to abstain from all factious conduct; enjoining them, on pain of forfeiting their goods, either to behave in a manner becoming his subjects, or to return home; directing also, that, in all differences of opinion, the minority should conform to the decision of the majority.