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Such were some of the circumstances that still upheld the mendicants even in the days of their degeneracy, when the spirit was gone that had urged them indeed to enthusiastic extravagances and puerile superstitions, but which was respected because it was thought to be sincere; and when little remained behind but a caput mortuum of unmeaning forms of devotion, and crafty contrivances for gain.

PROGRESS OF

CHAPTER III.

GRIEVANCES UNDER THE NORMAN

PRINCES. PAPAL INTERFERENCE.

LEGATES.

COLLISION OF ROMAN AND ENGLISH FORMS OF
LAW. INCONVENIENCES ATTENDING IT.

They

It has been already observed that the distance of England from Italy, which had helped to deliver our borders from the political tyranny of imperial Rome, served also to protect the liberties of our church from the spiritual thraldom of papal Rome. The inhabitants of this island, entirely cut off from the rest of the world, were happily abandoned to their own devices. were themselves the best judges of their own wants, and of the institutions which were suited to their own habits and circumstances; and though some time might elapse whilst they were thus groping out their way, which might have been saved by accepting foreign guidance, and though some rude traces of their slow and tentative progress towards their end might even afterwards appear in the results of their labours, still it was most desirable in the establishment of a church that it should gradually adapt itself in its growth and formation to the wants, the wishes, and the actual condition of the country. The least of all seeds was then most likely to become

the greatest of trees, when it was left to thrive alone (occulto velut arbor ævo); when its roots were quietly suffered to feel for the soil that fed them best, and its branches to stretch out their arms towards the quarter of the heavens which proved the most genial. The spirit of Christianity itself, at its first appearance, invited this forbearance on the part of those amongst whom it came, not meddling bodily with the civil or political rights of the nations it visited, and leaving their laws and forms of government, in their letter at least, just what it found them.

Thus in England the church and state for a long time grew up together, the pope occasionally interfering, though generally on invitation, and scarcely ever in a manner to disturb the harmony of the system. In Saxon times, we find the prelate and the king friends and fellow-workers together; the one teaching the people, the other taking an interest in his office, and making provision for its permanent continuance. The same good understanding which subsisted between the bishop and the sovereign, subsisted also between the priest and the noble: here, again, the one communicated a knowledge of God's laws to the inhabitants of the manor, the other encouraged the good work, and secured a similar benefit to his estate for ever by a fixed endowment; for in those days there was a belief that the foundations of a state were best laid in religion, and that persons were better subjects and better citizens in proportion as they were better men. Did difficulties present themselves in questions ecclesiastical; were obstacles to be

INDEPENDENCE OF THE CHURCH.

49

removed, or improvements to be made, or observances to be enforced, the nation had that within itself which usually supplied the remedy. Matters were transacted within the four seas. Civil interpositions, e. g. whether of the king or the great council, protected the persons and estates of the clergy, determined the union or dissolution of dioceses, directed the recovery of tithes, defined and punished sacrilege, prescribed and limited the right of sanctuary, insisted upon the observance of the Sabbath, and fined for the contempt of it.' Were the laws to be administered? Still there was the same intimate union maintained between clerical and secular interests. The bishop or his deputy (the missus episcopi) presided with the alderman in the county court, with the cent-grave in the hundred, with the town-reeve in the borough, with the steward of the manor in each parish; and judicial decisions which thus proceeded from the temporal and spiritual authorities combined were received with a respect which neither party could have secured for them, if acting alone. 2 Meanwhile all collision of church and state was avoided, and a wholesome sympathy sprung up between them as they mutually shed an influence on each other. William, however, was jealous of the clergy, and it must be confessed that Dunstan had not done much to make them find favour in the eyes of a Edmundi, 57.

1 Leges Inæ, 1. Aluredi, 23, 24. Edgari, 62. Bede's Eccl. Hist. 178. 291. See also Sharon Turner's Anglo-Saxons, iii. 248. et seq.

2 Essay upon the Government of the Church of England, by George Reynolds, 27,

E

high-spirited monarch. Accordingly, a measure which he had already adopted in his Norman dominions he extended to England, and separated the civil and ecclesiastical courts. The remote consequences of this innovation were the reverse of what was intended; but its direct effect was to withdraw considerable power from the hands of the bishop; to diminish his income by the fines which fell to his share; and to withhold from him the opportunity of appearing to advantage before the people, who could not fail of drawing a comparison between him and the secular judges who sat with him; between the man of learning and the men of arms.1 It was not till the end of the reign of Henry I. that the change began to make itself felt. Now, however, the clergy, no longer supported by the crown in the same degree as before, nor making common cause with the nobles, were unable to uphold the independence of the national church against the pope, who was waxing stronger every day; for he was even then no indifferent spectator of the affairs of nations, but was still on the watch ready to profit by the mistakes of others. Already he had made several unsuccessful attempts on the liberties of England. The case of Bishop Wilfrid was briefly alluded to in the first chapter. He was ejected from his see by Ecgfrid King of Northumbria; he carried his complaints to Rome; it was the judgment of Pope Agatho in council that he had been unjustly deprived. After a while he returned to England and resumed his

1 Reynolds, 30.

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