K. of Eng.

observes, the circumstances of the solemnity gave too great HENRYI. an umbrage for such a supposition. The ring and pastoral staff looked like a grant of character and jurisdiction; and are interpreted in the council against Photius as a mark of episcopal authority. Βάκτηριόν ἐστι σημεῖον ἀξίας ποιμαντικῆς.

30.

Another reason of pope Gregory's prohibition of investitures, is drawn from the canons. He refers to the eighth council against Photius, held under Adrian II. This council, in conformity to the apostles' canons, decrees, that no Can. Apost. prince should interpose in the election or promotion of any patriarch, metropolitan, or bishop. And that no metropolitan, under the penalty of deprivation, should consecrate any bishop who had received his see from lay hands. However, Ivo, bishop of Chartres, restrains the meaning of this council to elections, and does not apply it to investitures, and royal assent.

De Marca,

p. 427.

This prelate, in his letter to Hugh, archbishop of Lyons, the pope's legate, distinguishes between the election of bishops, and the business of investitures. That princes did not pretend to convey a spiritual jurisdiction by the pastoral staff, but only to signify their assent to the choice, and put the elect into possession of the temporalities, which were granted by the crown. That the French kings of this time acted with moderation in this point, kept to a consistency with the council of Clermont, and did not stretch their prerogative to the The moderation of the extent of the practice of Germany, appears by Paschal II's. French voyage into France, for an interview with Lewis the Gross; kings in this point. the business of which meeting was to entreat the king's protection against the emperor Henry V., who contested for the right of investitures. Now this application had been very foreign and improper, if the French king had insisted on the emperor's pretensions, and made use of a privilege which had been lately condemned by pope Urban at the council of Clermont. Besides, we may learn from another letter of Ivo, that the schism in Germany about investitures Epist. 238. stopped there, and gave no disturbance to the Gallican Church. To which we may add that the disuse of this solemnity in that kingdom seems to proceed from a regard to the council of Clermont.

302.

De Marca de Concord.

In Germany this dispute ran high with Paschal and Henry Sacerd. et V., as has been already observed. Before they came Imper. 1.8.

c.

The progress of this

ry V. and pope Paschal.

to a rupture, there was a conference held at Chalons between the pope and the emperor's ambassadors. The archbishop of Treves, who represented that prince, urged, that dispute be- from the time of Gregory the Great, it had been the custom for tween Hen- the emperor to be privately informed who was designed to be elected bishop; then his majesty gave his consent, provided he approved the person. After this, the clergy proceeded publickly to make the choice, and the elect was consecrated. After consecration, the bishop applied to the emperor for the temporalities, and had possession given him by the ring and pastoral staff; and at the same time he was obliged to do homage, and swear allegiance to him. All this acknowledgment the archbishop of Treves alleged was reasonable to be required; for since cities, castles, toll, and other royalties, were annexed to bishopricks, it was fit those that held them should give the emperor an assurance of their fidelity.

To this the pope returned, that the Church, redeemed by the blood of our Saviour, was constituted in a state of freedom, and ought not to be brought under vassalage. That if a prelate could not be chosen without the emperor's approbation, the government of the Church must be precarious. To which he added some other arguments already mentioned.

De Marca

de Concord. Sacerd. et

Imper. 1.8,

c. 20. p. 429.

This conference ending without effect, the emperor preselm and the pared to march his forces into Italy; upon which a new

See the case above between An

king.

treaty was set on foot, and the difference accommodated. The main articles were these:-the bishops were to relinquish the cities, duchies, marquisates, right of coinage, and other royalties, and temporal jurisdictions belonging to their sees; and not to pretend to any right or privilege of this kind, unless upon the emperor's grant and mere favour. On the other side, his imperial majesty obliged himself to resign the claim of investitures, to leave the Church to her freedom, and not lay hands upon any part of her patrimony, De Marca, which was not a fee of the empire. ibid. p. 430.

This agreement was but of short continuance; for the emperor, it seems, when he came to Rome, broke the articles, and seized the pope. And what was the consequence of this surprise I have mentioned already.

Callistus II., pope Paschal's successor, was more fortunate in the management of this controversy, and put a

listus II.

this con

An. 1122.

period to it at the council of Lateran, held in the year 1122. HENRYI. It was adjusted upon this plan that the election of K. of Eng. bishops in the emperor's hereditary dominions should pass Pope Calunder that prince's notice, but without being overruled puts an end either by force or bribery; and in case the electors could troversy. not agree, the emperor was to advise with the metropolitan Baron. ad and his suffragans, and declare for that party which ap- tom. 12. peared best founded; and when the bishop was chosen, he was to receive investiture for his temporalities by the emperor's delivering him a sceptre. But in other parts of the empire, a bishop was not obliged to receive investiture, with the solemnity above-mentioned, till six months after his consecration.

De Marca,

1. 8. c. 21.

"By this council," as the learned De Marca observes, p. 433. "homage and the oath of allegiance are struck out; though," as he continues, "neither the princes of France, Germany, or England, took any notice of this revocation, but required them of their bishops as before." And as for the oath of Id. p. 434. allegiance, pope Innocent III., in the great council of Lateran, declared it reasonable that bishops, who held their temporalities of princes, should give them the satisfaction of an oath for their good behaviour.

Id. p. 435.

To go on this dispute about investitures seems to have been rightly accommodated by the plan agreed on between pope Paschal and our king Henry, already mentioned; by virtue of which, the king was to resign the investitures, and receive homage, which was no more than a just acknowledgment; for, since the baronies and civil privileges annexed to the sees are derived from the crown, it is highly reasonable the bishops should give the prince the common securities of a subject, and be bound to the services incident to such honourable tenures.

On the other side, the delivery of the ring and pastoral staff seems to imply a conveyance of holy character, and gives countenance to a dangerous mistake; as if the king was the fountain of spiritual jurisdiction, and the bishops, like officers of state, had all their authority from the crown; An equitwhich supposition destroys the independency of the Church, between the wrests the government of her own body from her, and makes mitre void the commission of our Saviour to the apostles and their agreed to by king Henry

able temper

and crown

I.

successors.

303.

A. D. 1111.

And that which fortifies the supposition, and brings the case to a farther hardship, is, that the bishops were not to be consecrated till they had passed the ceremony of the ring and pastoral staff. Now, the making this investiture from the civil magistrate, prior to consecration, supposes the king's assent necessary to the being of a bishop; so that, without the royal concurrence, no person can take that office and jurisdiction upon him. That princes, as members of the Church, have an interest in the election of bishops, is beyond question: that is, they have a right (with the rest of the laity) to object against the defects and disqualifications of the person; and if their exceptions are allowed by the canons, and well proved, the candidate ought to be refused. But if the assent of the prince is absolutely necessary, if he has the privilege of a negative vote, and may stop the election at pleasure; from hence the consequence will be, that it will be in his power to keep the sees always vacant, and suppress the episcopal order. Upon this principle the whole hierarchy of bishops and priests may be quickly extinguished. For if the first order is suppressed, the second must be populus virorum, and fail in a short time; and when there are neither bishops nor priests, there will be no commission to govern the Church, nor administer the sacraments. And thus the new evangelical covenant will expire, the New Testament be repealed, and the grand benefits of Christianity be all lost.

How far the Church may sometimes comply, for the protection of the state, is another question: but then it should be remembered, that temporary concession and connivance, is a quite different claim from original right. And thus much for the business of investitures.

This year Juga Baynard founded the monastery of Dunmow in Essex, so remarkable afterwards for the story of the gammon of bacon 3.

3 Dunmow, Magna and Parva, in Essex, eleven miles north of Chelmsford, thirty-eight from London, E., long. 25 min., lat. 51. 45. Dunmow-Magna, or Dunmague, is a name from two old Gaulish or British words, Dunum, a dry gravelly hill, and Magus, a town, which answers exactly to its situation, which is on the top of a moderately steep and gravelly hill, which renders it delightful and pleasant. It is of great antiquity; and though Camden seems to believe Bruntwood or Burghsted to be the Cæsaromagus of the Romans, yet there is much clearer evidence it was this Dunmague: 1st. because there is part of the name in it; and nothing was more usual with the Saxons, when they changed the names of towns, than to

K. of Eng.

The next year, Sampson, bishop of Worcester, departed HENRYI. this life. He was a prelate of considerable learning, and, according to the old English custom, famous for good A.D. 1112.

retain part of the old Roman name, and put in Dun, Burgh, or Ceaster instead.
2ndly. because the distance between this place and the next station, which is Colo-
nia, i. e. Colchester, (and is said to be distant from Cæsaromagus twenty miles,)
does very well agree, if we reckon according to the Saxon leagues, which consisted
of 1500 paces. 3rdly. because in the road from Dunmow to Colchester, which is
very direct, are still in some places to be seen the remains of an old Roman way,
which the country people who live on it to this day call The Street, and particu-
larly at Rain, which is the very word almost by which Bede calls a Romish road,
viz. Strata; and which we also find in an old perambulation, where it is said to be
bounded on the north super stratum ducentem a Dunmow versus Colchester; i. e.
'upon the street leading from Dunmow to Colchester,' meaning this road. Dunmow-
Parva, or Little Dunmow, adjoins Great Dunmow east. It gives name to its
hundred. It is governed by twelve headboroughs, out of whom the bailiff is chosen
yearly. Here is a good market, for corn especially, on Saturdays. Fairs, April
25th and October 28th. Here is a good manufacture of bays. In the priory here,
began the custom, instituted by Robert, earl of Clare, or one of his successors,
That he that repented him not of his marriage, either sleeping or waking, in a
year and a day, nor had had any brawls and contentions with his wife, nor made
any nuptial transgression within that time, and would take oath of the same before
the prior and convent, and the whole town, kneeling on two hard-pointed stones
(which are yet seen, they say, in the priory churchyard), should have a gammon of
bacon delivered to him with great solemnity; after which he was wont to be taken
up on men's shoulders, and carried, first, about that churchyard, and afterwards
through the town, with all the friars and brethren, and all the townsfolk, young and
old, following him with shouts and acclamations, with his bacon borne before him,
and in such manner sent home. We find some had a gammon and others a fleek
or flitch; for proof whereof are found the names of three several persons who at
different times had it, viz., Richard Wright, of Bladsworth, in Norfolk, the 23rd of
Henry VI.; Stephen Samuel, of Little Easton, in Essex, the 17th of Edward IV.;
and Thomas Lee, of Coggeshall, in the 2nd of Henry VIII. This custom went not
only on till the dissolution of the house, but still goes, it is said, with the manor,
and the bacon was not only claimed fifty years since, but as all our printed news-
papers gave account, no longer ago than June 26th last (1751), by "John Shake-
shanks, woolcomber, and Anne, his wife, of the parish of Weatherfield, in the
county of Essex, who appeared at the customary court of the manor of Dunmow-
Parva, and claimed the bacon according to the custom of the manor, which was
delivered to them with the usual formalities. This, they say, is the only claim
made since 1701. There were computed to be 5000 people from all parts to see the
ceremony. The man was examined by a jury of men, and the woman by a jury of
women. She declared that she never repented but once, and that was, that she had
not married sooner. We have it from undoubted authority that the happy couple
made upwards of 501. by selling slices of it to gentlemen and ladies present, who
were whimsically merry on the occasion." The old form of the oath was:-

You shall swear by custom and confession,
If ever you made nuptial transgression,
Be you either married man or wife,

By household brawls or contentious strife,
Or otherwise, in bed or at board,
Offend each other in deed or word,