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 (p. 045) way, and judgment was given for the Crown.[40]

[Footnote 40: See Year Book, "Anno xi. Hen.

IIII."--Term. Mich. fol. 37; Hilar. fol. 38; Pasc.

fol. 59; Trin. fol. 76.]

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, a.s.sumed 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 t.i.tle 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 (p. 046) representing him in the church militant on earth: they do not give him the t.i.tle 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 pa.s.sages 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.

[Footnote 41: "L'appost'." "Nostre Saint Pier l'appost'." "Bulls fait par Saint Pier."]

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 (p. 047) 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.

[Footnote 42: It is very painful to reflect on the intolerant spirit of this very Sigismund, who was so anxious to reform the abuses of the church; but it is forced upon us whilst we are inquiring into the times of Henry. Sigismund had paid (as we shall see) a visit to Henry, and he meditated another.

But he never put that design into execution. A letter from Heretong Van Clux, Henry's minister, informed his master that he must not expect to see the Emperor, for he had employment at home in putting down the followers of Huss. "Now I know well he might not come, for this cause, that many of the great lords of Bohemia have required him for to let them hold the same belief that they are in.

And thereupon he sent them word, that rather he would be dead than he would sustain them in their malice. And they have answered him again, that they will rather die than go from their belief. There is a great power of them, lords, knights, and esquires; but the greatest power is of the commoners. Therefore the Emperor gathers all the power that he may, to go into Bohemia upon them."--See Ellis's Original Letters.]

It was on the 20th of October 1414, that Robert Hallam, Bishop of Salisbury, the Bishops of Bath and Hereford, the Abbot of (p. 048) 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 emba.s.sy, 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 (p. 049) 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 princ.i.p.al 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 (p. 050) 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.

[Footnote 43: This council seems to have entailed, first and last, on England, a very considerable expense. Within a week of the date of the commission, the Pell Rolls record the payment of 333_l._ 6_s._ 8_d._ (a large sum in those days) "to Richard Beauchamp, Earl of Warwick, sent as the King's amba.s.sador to the General Council held at Constance before our lord the Pope, the Emperor, and others, there a.s.sembled for the salvation of Christian souls." Payments also to others are recorded.]

[Footnote 44: Bishop Hallam died at Constance, Sept. 5, 1417. On which day the Cardinal des Ursins addressed a letter to Henry, praying him to appoint as Hallam's successor at Salisbury, John Ketterich, Bishop of Lichfield, to whose ability and zeal and worth the Cardinal bears strong testimony. This same Cardinal had a personal interview with Henry in 1418, just before the taking of Rouen.

Le Neve leaves it in doubt whether Bishop Hallam was buried at Constance, or in Westminster Abbey.

But the Author has been kindly furnished by Sir Francis Palgrave, who visited Constance last year, with the following interesting particulars relative to the resting-place of that excellent man. "The monument of Bishop Hallam consists of a slab inlaid with bra.s.s, in the usual style of English memorials of the same period, but quite unlike those of Germany; and I have no doubt but that the bra.s.ses were sent from England. He is represented at full length in the episcopal dress, his head lying between two shields, the royal arms of England within the Garter, (as Chancellor of the order,) and his own bearings. But the tomb being placed exactly in front of the high altar, the attrition to which it has been exposed in this part of the church has nearly effaced the engravings." His funeral, we are told, was attended by the a.s.sembled princes and prelates and n.o.bles of the council, who followed him to the grave with every demonstration of respect and sorrow.]

Bishop Hallam entertained a most rooted antipathy to the Pope and the Popedom; and he once gave expression to his sentiments so freely and unreservedly to the Pope himself, that his Holiness complained grievously of him to the Emperor: but Sigismund was himself too heartily bent on reforming the abuses of the Popedom to chide the zeal and freedom of the English prelate. On one occasion the Bishop maintained that a General Council was superior to the Pope (a doctrine subsequently recognised, but then, as it should seem, new and bold); on another he is reported to have gone so far as to affirm (p. 051) that the Pope, for his enormities, deserved to be burnt alive. Bishop Hallam[45] was by no means singular either in the sentiments which he entertained with regard to the corruptions of the Romish Church "_in its head and its members_," and the imperative necessity of an universal reform, or in the unreserved boldness and plainness with which he published those sentiments. The whole of Christendom rang with loud and bitter complaints against the avarice, the sensuality, the overreaching and overbearing tyranny, the total degeneracy and worthlessness of the Popes, the Cardinals, and the religious orders; but in no place were the protests against such deplorable (p. 052) corruptions more unsparingly uttered than at the Council of Constance itself: and among those who willingly offered themselves to testify, in their Saviour's name, against such a prost.i.tution of his blessed Gospel to the purposes of worldly ambition, such gross depravity and total neglect of duty, the names of many of our own countrymen are recorded. These pillars of the church, these lights in the midst of darkness, seem indeed to have entertained sentiments, as to the duties and responsibilities of the Christian priesthood, worthy of the purest age. Some of their recorded doctrines are truly edifying, and find a response in some of the best episcopal charges and admonitions of the Protestant church at the present day.

[Footnote 45: Anthony a Wood, referring to the alleged resolution of the University of Oxford in favour of Wickliff and his doctrines, refers to this Bishop Hallam, though with some mistake. "The prime broacher," he says, "of this testimonial, of which we have nothing in our registers, records, or books of epistles, was John Husse in the first tome of his works, and from him John Fox. Against the former of whom it was objected in the Council of Constance, that he had openly divulged the said commendatory letter in behalf of John Wickliff, falsely conveyed to Prague, under the t.i.tle of the University of Oxford, by two students, one a Bohemian, the other an Englishman. Whereupon those of England who were present at the council, of whom, if I mistake not, Robert Hallam, about these times Bishop of Oxford [Salisbury], was one, produce another letter under the seal of the University, wherein, on the contrary, the members thereof as much denounce against him as the other was in behalf of him, and referred the matter to the council to judge of it as they thought fit; but how it was decided I find not."]

Among these excellent men, Dr. Richard Ullerston, of Oxford, seems to have taken a most primitive view of the duties of a Christian bishop.

He wrote a treatise in 1408, by way of memorial for Bishop Hallam, his friend, who urged him to the work, when that uncompromising reformer went to the Council of Pisa. At the close of a long and powerful exhortation to provide for the due execution by the Popes of their own ministerial duties, and for the restoration of discipline in the church, he thus expresses himself: "Things being thus restored to their right order, and all abuses being cut away, the Pope will employ himself, agreeably to the duties of his charge, in procuring peace for Christians, not only by praying, but by preaching the Gospel (p. 053) himself, and sending everywhere good preachers, who by their doctrine and example might urge on princes and people throughout the world their several duties, and who might make a holy war upon the pa.s.sions of mankind, rooting up those sensual desires which, according to St.

James, are the source of wars and divisions in the church and in the state." This treatise was published in Germany about the year 1700, from a ma.n.u.script in Trinity College, Cambridge; and may be found at the end of Van der Hardt's work on the Council of Constance. It consists chiefly of pet.i.tions for the remedy of abuses, and is full from beginning to end of the true spirit of genuine evangelical religion. Dr. Ullerston remained in uninterrupted and perfect communion with the church of Rome; and yet no Protestant, who ever suffered at the stake for his opposition to her, could have more faithfully exposed the practical grievances under which Christendom then mourned in consequence of her dereliction of duty, whilst she a.s.sumed to herself all supreme authority, and paralyzed the efforts of national churches to remedy the crying evils of the time. The heads of Ullerston's pet.i.tions abound with salutary suggestions; by many of the items we are apprised of the grievances then chiefly complained of, or the departments in which those grievances were found.

1. On the election of a Pope.

2. On the suppression of simony.

3. On the exaltation of the law of Christ above all human (p. 054) authority.

4. Against appropriations, _i.e._ a.s.signing the proceeds of parochial cures to monasteries.

5. On appointing only fit persons to ecclesiastical stations.

6. Against exemptions of monasteries and individuals from episcopal jurisdiction.

7. Against dispensations,--those, among others, by which benefices and bishoprics were given to children.

8. Against pluralities.

9. Against appeals to Rome.

10. Against the abuse of privileges.

11. Against the clergy devoting themselves to secular affairs.

12. Against the prerogatives of chanters[46] and other officers in the houses of the great.

[Footnote 46: In his arguments on this article Dr.

Ullerston offers some excellent reflections upon the use and abuse of singing in the church. The sentiments of Augustin, which he quotes, are truly judicious and edifying. That eloquent father lamented that often the beauty of the singing withdrew his mind from the divine matter and substance of what was sung; but when he remembered how, on occasions of peculiar interest to him, psalmody carried his soul towards heaven in holy raptures, he could not help voting for its continuance in the church service. Ullerston quotes also two lines, not indeed specimens of cla.s.sical accuracy, but the spirit of which should never be absent from the mind of a Christian worshipper, whether a Protestant or in communion with the see of Rome:

"Non vox sed votum, non musica chordula sed cor, Non clamor sed amor, sonat in aure Dei."]

13. Generally against extortions. (p. 055)

14. Against excessive expenses in the persons and the families of the clergy.

15. For a provision for more efficient divine service in parishes.

16. For the restoration of peace through Christendom.

In his reflections on these points there is so much sound sense and genuine affection for true religion, such an ardent desire pervades them of promoting the ends for which alone an establishment can be justified on warrant of Scripture, or is in itself desirable,--the salvation of souls through Christ for ever,--that, had it not been out of place, the Author would have gladly transcribed a great part of Dr.

Ullerston's sentiments into these pages. His suggestions savour throughout of genuine piety and true practical wisdom.

To Ullerston must be added Walter Dysse, who was commissioned by Pope Boniface IX. to proceed to Spain, Portugal, and Aquitain, to preach a crusade against the infidels. He was a most deadly enemy to the followers of Wicliffe, and a devoted friend to the court of Rome; yet he could not pa.s.s over in silence the cause of the divisions and corruptions of the church, nor the means of their effectual reformation.

But, perhaps, among all those whom the history of this Council records as zealous promoters of a real reformation within the church itself, our more immediate object in these Memoirs would require us (p. 056) to make especial mention of Thomas Walden, because he was one of Henry of Monmouth's own chaplains,[47] and was employed by him not only in domestic concerns, but in foreign emba.s.sies.[48] He was called the Netter, from the expertness and success with which he caught and mastered his antagonists in argument. He was present at the Council of Pisa as well as of Constance. He proved himself throughout a most bitter persecutor of heretics; and (as Van der Hardt expresses himself) the less imbued he was with any affection towards the disciples of Huss, or influenced by it, so much the more sincere a censor was he of the ecclesiastical corruptions of his time. He was bent on reforming the abuses of the church with a strong hand, and so far the wishes of his royal master coincided with his own; but he (p. 057) could not prevail upon the King to go hand-in-hand with him in persecuting the heretics. Walden was bold enough, in his mistaken zeal, to charge Henry with a culpable remissness in what was then too generally supposed to be the duty of a Christian sovereign.[49]

[Footnote 47: Thomas Gascoyne, a contemporary writer, born 1403, ordained 1427, who gives us a deplorable view of the ignorance and immorality of the clergy of his time, mentions the appointment of Walden as Henry's chaplain, in confirmation of his position that he never could find that any King of England retained any bishop after consecration as his confessor or resident chaplain till the time of Henry VI. "When (he says) Henry IV.'s confessor was made a bishop, he sent him to his cure and his bishopric; and Henry V, who was a very prudent King indeed, and terrible to many nations, had with him one doctor proficient in divinity, Thomas Walden, as his confessor, who was burdened with no cure of souls. Thus were Kings and Lords accustomed to retain as their chaplains persons who were free from all cure of souls."]

[Footnote 48: Pell Rolls, Mich. 7 Hen. V, he is paid for his expenses in an emba.s.sy to the King of Poland.]

[Footnote 49: L'Estrange, Counc. Constance, vol.

ii. p. 282; and Van der Hardt, tom. i. p. 501.]

A communication made personally to Henry from Constance, in the beginning of the year 1417,[50] deserves in this place our especial attention. The letter, written by John Forester,[51] may perhaps be considered a fair specimen of correspondence between Englishmen of education at that period. As a vehicle of information on the real state of feeling in England with regard to the church of Rome, it is very interesting. It is, moreover, impossible to read it without inferring that, in the opinion of the writer at least, and of those in whose behalf he wrote, Henry's earnest desire was to reform the abuses of the church, and to render churchmen zealous servants of the Gospel.

[Footnote 50: Not 1418, as it has been supposed, but 1417. The date is fixed by the specifying of Wednesday the 27th January, as also by the mention of the Genoese ships. These ships were hired, and they fought under the French against the English, and were beat in July 1417, after a severe engagement.]

[Footnote 51: Cott. MSS. Cleopatra, t. vii. p.

148.]

JOHN FORESTER'S LETTER FROM CONSTANCE TO HENRY V. (p. 058)