About the tenth year of King Edward II., John XXII. published his Extravagants. But as to the Church of England, even at that time, when the papal authority was at the highest, none of these foreign canons, or any new canons, made at any national or provincial synod here, had any manner of force if they were against the prerogative of the king, or the laws of the land. It is true that every Christian nation in communion with the pope sent some bishops, abbots, or priors, to those foreign councils, and generally four were sent out of England; and it was by those means, together with the allowance of the civil power, that some canons made there were received here, but such as were against the laws were totally rejected.
Nevertheless, some of these foreign canons were received in England, and obtained the force of laws by the general approbation of the king and people (though it may be difficult to know what these canons are); and it was upon this pretence that the pope claimed an ecclesiastical jurisdiction, independent of the king, and sent his legates to England with commissions to determine causes according to those canons, which were now compiled into several volumes, and called Jus Canonicum: these were not only enjoined to be obeyed as laws, but publicly to be read and expounded in all schools and universities as the civil law was read and expounded there, under pain of excommunication to those who neglected. Hence arose quarrels between kings and several archbishops and other prelates, who adhered to those papal usurpations.
(II.) Besides these foreign canons, there were several laws and constitutions made here for the government of the Church, all of which are now in force, but which had not been so without the assent and confirmation of the kings of England. Even from William I. to the time of the Reformation, no canons or constitutions made in any synods were suffered to be executed if they had not the royal assent. This was the common usage and practice in England, even when the papal usurpation was most exalted; for if at any time the ecclesiastical courts did, by their sentences, endeavour to force obedience to such canons, the courts at common law, upon complaint made, would grant prohibitions. So that the statute of submission, which was afterwards made in the 25th year of Henry VIII., seems to be declarative of the common law, that the clergy could not de jure, and by their own authority, without the king’s assent, enact or execute any canons. These canons were all collected and explained by Lyndwood, dean of the Arches, in the reign of Henry VI., and by him reduced under this method.
1. The canons of Stephen Langton, archbishop of Canterbury, made at a council held at Oxford, in the 6th year of Henry III.
2. The canons of Otho, the pope’s legate, who held a council in St. Paul’s church, in the 25th year of Henry III., which from him were called the Constitutions of Otho; upon which John de Athon, one of the canons of Lincoln, wrote a comment.
3. The canons of Boniface, of Savoy, archbishop of Canterbury, in the 45th of Henry III., which were all usurpations upon the common law, as concerning the boundaries of parishes, the right of patronage, and against trials of the right of tithes in the king’s courts against writs of prohibition, &c. Although he threatened the judges with excommunication (some of the judges being at that time clergymen) if they disobeyed the canons, yet they proceeded in these matters according to the laws of the realm, and kept the ecclesiastical courts within their proper jurisdiction. This occasioned a variance between the spiritual and temporal lords; and upon this the clergy, in the 31st of Henry III., exhibited several articles of their grievances to the parliament, which they called Articuli Cleri: the articles themselves are lost, but some of the answers to them are extant, by which it appears that none of these canons made by Boniface was confirmed.
4. The canons of Cardinal Ottobon, the pope’s legate, who held a synod at St. Paul’s, in the 53rd of Henry III., in which he confirmed those canons made by his predecessor Otho, and published some new ones; and by his legantine authority commanded that they should be obeyed: upon these canons, likewise, John de Athon wrote another comment.
5. The canons of Archbishop Peckham, made at a synod held at Reading, in the year 1279, the 7th of Edward I.
6. The canons of the same archbishop, made at a synod held at Lambeth, two years afterwards.
7. The canons of Archbishop Winchelsea, made in the 34th of Edward I.