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.[1]
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.[2]
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
- ↑ 25 Ed. III. stat. 4. A clause in the preamble of this Act bears a significantly Erastian complexion: come seinte Eglise estoit founde en estat de prelacie deins le royaulme Dengleterre par le dit Roi et ses progenitours, et countes, barons, et nobles de ce Royaulme et lours ancestres, pour eux et le poeple enfourmer de la lei Dieu. If the Church of England was held to have been founded not by the successors of the Apostles, but by the king and the nobles, the claim of Henry VIII. to the supremacy was precisely in the spirit of the constitution.
- ↑ 38 Ed III. stat. 2; 3 Ric. II. cap. 3; 12 Ric. II. cap. 15; 13 Ric. II. stat. 2. The first of these Acts contains a paragraph which shifts the blame from the popes themselves to the officials of the Roman courts. The statute is said to have been enacted en eide et confort du pape qui moult sovent a estee trublez par tieles et semblables clamours et impetracions, et qui y meist voluntiers covenable remedie, si sa seyntetee estoit sur ces choses enfournee. I had regarded this passage as a fiction of courtesy like that of the Long Parliament who levied troops in the name of Charles I. The suspicious omission of the clause, however, in the translation of the statutes which was made in the later years of Henry VIII. justifies an interpretation more favourable to the intentions of the popes.
