king's peace is your peace, and the king's safeguard is your safeguard." 1

The foregoing pages represent some of the practical difficulties which were being experienced on the eve of the Reformation between the ecclesiastical and lay portion of the State in the question of jurisdiction. Everything points to the fact that the chief difficulty was certainly not religious. The ecclesiastical jurisdiction in matters spiritual was cordially admitted by all but a few fanatics. What even many churchmen objected to, were the claims for exemption put forward by ecclesiastics in the name of religion, which they felt to be a stretching of spiritual prerogatives into the domain of the temporal sovereign. History has shown that most of these claims have in practice been disallowed, not only without detriment to the spiritual work of the Church, but in some instances at least it was the frank recognition of the State rights, which, under Providence, saved nations from the general defection which seemed to threaten the old ecclesiastical system. Most of the difficulties which were, as we have seen, experienced and debated in England were unfelt in Spain, where the sovereign from the first made his position as to the temporalities of the Church clearly understood by all. In Naples, in like manner, the right of State patronage, however objectionable to the ecclesiastical legists, was strictly maintained. In France, the danger which at one time threatened an overthrow of religion similar to that which had fallen on Germany, and which at the time was looming dark over England, was averted by the celebrated Concordat between Leo X. and Francis I.

By this settlement of outstanding difficulties between the two jurisdictions, all rights of election to ecclesiastical dignities was swept away with the full and express sanction of the Pope. The nomination of all bishops and other dignitaries was vested in the king, subject, of course, to Papal confirmation. All appeals were, in the first place, to be carried in ordinary cases to immediate superiors acting in the fixed tribunals of the country, and then only to the Holy See. The Papal power of appointment to benefices was by this agreement strictly limited; and the policy of the document was generally directed to securing the most important ecclesiastical positions, including even parish churches in towns, to educated men. It is to this settlement of outstanding difficulties, the constant causes of friction-a settlement of difficulties which must be regarded as economic and administrative rather than as religious-that so good a judge as M. Hanotaux, the statesman and historian, attributes nothing less than the maintenance of the old religion in France. In his opinion, this Concordat did in fact remove, to a great extent, the genuine grievances which had long been felt by the people at large, which elsewhere the Reformers of the sixteenth century skilfully seized upon, as likely to afford them the most plausible means for furthering their schemes of change in matters. strictly religious.

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CHAPTER IV

ENGLAND AND THE POPE

NOTHING is more necessary for one who desires to appreciate the true meaning of the English Reformation than to understand the attitude of men's minds to the Pope and the See of Rome on the eve of the great change. As in the event, the religious upheaval did, in fact, lead to a national rejection of the jurisdiction of the Roman Pontiff, it is not unnatural that those who do not look below the surface should see in this act the outcome and inevitable consequence of long-continued irritation at a foreign domination. The renunciation of Papal jurisdiction, in other words, is taken as sufficient evidence of national hostility to the Holy See. If this be the true explanation of the fact, it is obvious that in the literature of the period immediately preceding the formal renunciation of ecclesiastical dependence on Rome, evidence more or less abundant will be found of this feeling of dislike, if not of detestation, for a yoke which we are told had become unbearable.

At the outset, it must be confessed that any one who will go to the literature of the period with the expectation of collecting evidence of this kind is doomed to disappointment. If we put on one side the diatribes and scurrilous invectives of advanced reformers, when the day of the doctrinal Reformation

had already dawned, the inquirer in this field of knowledge can hardly fail to be struck by the absence of indications of any real hostility to the See of Rome in the period in question. So far as the works of the age are concerned: so far, too, as the acts of individuals and even of those who were responsible agents of the State go, the evidence of an unquestioned acceptance of the spiritual jurisdiction of the Pope, as Head of the Christian Church, is simply overwhelming. In their acceptance of this supreme authority the English were perhaps neither demonstrative nor loudly protesting, but this in no way derogated from their loyal and unquestioning acceptance of the supremacy of the Holy See. History shows that up to the very eve of the rejection of this supremacy the attitude of Englishmen, in spite of difficulties and misunderstandings, had been persistently one of respect for the Pope as their spiritual head. Whilst other nations of Christendom had been in the past centuries engaged in endeavours by diplomacy, and even by force of arms, to capture the Pope that they might use him. for their own national profit, England, with nothing to gain, expecting nothing, seeking nothing, had never entered on that line of policy, but had been content to bow to his authority as to that of the appointed Head of Christ's Church on earth. Of this much there can be no doubt. They did not peason about it, nor sift and sort the grounds of their acceptance, any more than a child would dream of searching into, or philosophising upon, the obedience he freely gives to his parents.

That there were at times disagreements and quarrels may be admitted without in the least affecting the real

attitude and uninterrupted spiritual dependence of England on the Holy See. Such disputes were wholly the outcome of misunderstandings as to matters in the domain rather of the temporal than of the spiritual, or of points in the broad debatable land that lies between the two jurisdictions. It is a failure to understand the distinction which exists between these that has led many writers to think that in the rejection by Englishmen of claims put forward at various times by the Roman curia in matters wholly temporal, or where the temporal became involved in the spiritual, they have a proof that England never fully acknowledged the spiritual headship of the See of Rome.

That the Pope did in fact exercise great powers in England over and above those in his spiritual prerogative is a matter of history. No one has more thoroughly examined this subject than Professor Maitland, and the summary of his conclusions given in his History of English Law will serve to correct many misconceptions upon the matter. What he says may be taken as giving a fairly accurate picture of the relations of the Christian nations of Christendom to the Holy See from the twelfth century to the disintegration of the system in the throes of the Reformation. "It was a wonderful system," he writes. "The whole of Western Europe was subject to the jurisdiction of one tribunal of last resort, the Roman curia. Appeals to it were encouraged by all manner of means, appeals at almost every stage of almost every proceeding. But the Pope was far more than the president of a court of appeal. Very frequently the courts Christian which did justice in England were courts which were acting under his supervision and