in person, and making a speech on the occasion; but they very wisely refused to comply; and RAPIN then observes: "POPE "MARTIN's letter, and his extraordinary endeavours to get the "Statute of Premunire repealed, shew to a demonstration, "that the main of Religion was made then to consist in the "Pope's prerogatives, and the Clergy's immunities. Hence "it appears farther, how averse MARTIN was to consent to "the least diminution of his pretended rights, and conse"quently to a reformation in the head and members of the "Church, demanded with so much earnestness at the Council "of Constance, where he was present in person. Before I "leave the Statute of Premunire, it will not be improper to "observe, that this Act had two principal clauses. The first, " which contained the Statute of Provisors made in the reign "of Edward I. prohibited the soliciting and procuring of "Benefices from the Court of Rome, by way of provision, " contrary to the rights of the Crown and the Patrons. The "second prohibited the carrying to the Court of Rome, or "elsewhere, causes which belong to the King's Courts.

"Besides the contests which the Statute of Premunire ❝ caused between England and the Court of Rome, there were "some others which I shall but just touch upon. In 1403, "in the reign of HENRY IV, the Parliament passed an Act, "forbidding all persons that should have provision of any be"nefice, to pay into the Apostolic Chamber more than was paid in old time. The penalty for those that did the contrary was, that they should forfeit to the King the same sum they paid the Pope. The occasion of this Statute was a grievance introduced some time since by the Court of Rome, "which was, that no person should have provision of any

Benefice that was void, till he had compounded with the "Apostolic Chamber, as well for the first fruits, as for other "lesser services in that Court, and had paid beforehand the sum agreed upon.

"But the greatest dispute between England and the "Popes was upon the score of the collation of the Bishoprics.

Though the Popes, when the first Anglo-Saxons were con"verted, had sent Italian or other foreign Bishops into Eng

land, it is certain that towards the latter end of the Saxon ❝monarchy, the Bishops were chosen by the Chapters. The 66 same privilege was continued to them after the Norman conquest, and confirmed by King John's Charter. Mean"while the Popes, having gradually enlarged their authority, "assumed the power of bestowing Archbishoprics and Bi 56 shoprics, by way of provision, sometimes on one, sometimes "on another pretence. This is what I have had frequent "occasion to remark in this History. They would fain have "established this rule at once, that the disposal of all the "Bishoprics belonged to them by divine right, but as they "found it something difficult, they bethought themselves of "another expedient; and that was, to get possession by de46 grees, that they might in time found a right upon prece"dent. Thus, being content at first with maintaining that, upon certain occasions, they had a power to fill the vacant 66 sees, they afterwards framed, these occasions when they pleased. In short, they multiplied them so very fast, that "hardly was there a vacant Bishopric which they did not fill "by way of provision. Time and lucky junctures having "confirmed them in this prerogative, there was no longer any possibility to wrench it out of their clutches. Thus the "privilege of the Chapters was entirely destroyed.

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66

"MARTIN V. was no sooner seated in the Papal chair, but "he boldly disposed of all the Sees which became void, with"out any regard to the privilege of the Chapters. In two years only, he filled by way of provision thirteen Bishoprics "in the province of Canterbury. It was not only with re spect to Sees that England had cause to complain of the "Pope; he disposed, likewise, of all the other benefices of "the kingdom, without giving himself any trouble, either "about the right of the patrons, or the instruction of the "people. The best preferments were for the most part con"ferred upon foreigners, who understood not a word of

in

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person, and making a speech on the occasion; but they very wisely refused to comply; and RAPIN then observes: "POPE "MARTIN's letter, and his extraordinary endeavours to get the "Statute of Premunire repealed, shew to a demonstration, "that the main of Religion was made then to consist in the Pope's prerogatives, and the Clergy's immunities. Hence "it appears farther, how averse MARTIN was to consent to "the least diminution of his pretended rights, and conse"quently to a reformation in the head and members of the "Church, demanded with so much earnestness at the Council "of Constance, where he was present in person. Before I "leave the Statute of Premunire, it will not be improper to "observe, that this Act had two principal clauses. The first, "which contained the Statute of Provisors made in the reign "of Edward I. prohibited the soliciting and procuring of "Benefices from the Court of Rome, by way of provision, "contrary to the rights of the Crown and the Patrons. The "second prohibited the carrying to the Court of Rome, or "elsewhere, causes which belong to the King's Courts.

"Besides the contests which the Statute of Premunire "caused between England and the Court of Rome, there were "some others which I shall but just touch upon. In 1403, "in the reign of HENRY IV, the Parliament passed an Act, "forbidding all persons that should have provision of any be66 nefice, to pay into the Apostolic Chamber more than was paid in old time. The penalty for those that did the contrary was, that they should forfeit to the King the same sum "they paid the Pope. The occasion of this Statute was a "grievance introduced some time since by the Court of Rome, "which was, that no person should have provision of any Benefice that was void, till he had compounded with the Apostolic Chamber, as well for the first fruits, as for other "lesser services in that Court, and had paid beforehand the "sum agreed upon.

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"But the greatest dispute between England and the "Popes was upon the score of the collation of the Bishoprics.

English, or resided not in England, and sometimes upon "Children themselves. For instance, he made PROSPER CO "LONNA, his nephew, then not above fourteen years old, Arch"deacon of Canterbury. HENRY V. who was a Prince of a very "high spirit, sent Ambassadors to Rome to complain as well "of these as other grievances. But MARTIN V. delayed "giving an answer so long, that the Ambassadors told him, "the King their master had chose to send them to Rome, "purely out of a deference to the Holy See, to which he was "not obliged; but that for the future he would use his

prerogative: that in the mean time they had instructions to "make a solemn protestation before himself and the Con"clave, if his Holiness would not comply immediately. I "know not what answer the Pope returned. But not long "after, MARTIN having translated the Bishop of Lincoln to "the See of York, by way of provision, the Chapter refused "to admit him, and the Pope was forced to revoke his "Bull.

"In 1438 the University of Oxford complained that "Church Preferments were bestowed without any regard to "learning or merit; that therefore the Colleges were be"come empty, because there was no need of study or learning "to qualify a man for a Benefice. Whereupon the Convoca"tion, to whom this complaint was addressed, passed a canon, "that none but Graduates in the University should be capable "of benefices. But this was a weak fence against the Papal

power.

"Meanwhile, though the Court of Rome made the Apo"stolic authority sound very high, yet the Popes now and "then met with some mortifications. For example, in the "reign of HENRY IV. the Parliament ordered that the Peter66 pence should be deposited in the King's hands till the schism " was closed.

"In the reign of HENRY V. the Alien Priories were sup"" pressed, without asking the Pope's consent.

"Under HENRY VI. Pope NICHOLAS V. having demanded