The history of England is first ecclesiastical and afterwards political. In the history of the transition, and of the relations between state and church in mediæval England, tribal institutions gave way to feudal and the parish becomes subordinate to the see; feudal institutions give way to national, and the see becomes subordinate to the archsee. The problem in the relations between church and state in the medieval period, therefore, was, should national institutions give way to papal imperial, should the executive, judicial, and legislative branches of government in England or at Rome be supreme. The problem raised by the development of the national political constitution during the early medieval period is solved finally by the declaration of national independence in the Reformation. I. In the Anglo-Saxon period (1) the international relations between church and state are marked by union; uniformity of worship is introduced at the Whitby synod, 664, (p. 7) the universal payment of tithes is enjoined at the Chelsea synod, 787, (p. 8) and the king is recognized as head of the church in the time of Edward the Confessor (p. 8). (2) In the external relations a formal dependence upon Rome as head in spiritual affairs is acknowledged, and a tax, Peter's Pence, is paid for the support of the English college at Rome. This II. In the Anglo-Norman period, (1) the internal relations between church and state are distinguished by separation and consequent conflict. The separation of the courts lay and ecclesiastical (p. 9), gives rise to (a) the theoretical question of sovereignty. is agitated in the controversy between Henry I and Anselm over the power of investiture (p. 10), and again in the controversy between John and Stephen Langton over the power of election (p. 15). (b) The practical question of jurisdiction also arises in the controversy between Henry II and Becket (p. 11). The result is the grant of England to the Pope by John. The supremacy of church over state meant the supremacy of papacy over England. (2) Externally, influenced by the victory of the church in England, and by the policy of Hilderbrand based upon the pseudo-Isidorian Decretals, the dependence upon Rome becomes real (p. 13). III. In the late mediæval period, (1) internally church and state are again united, church being recognized as supreme in spirituals, state in temporals. The king issues the conge d'elire (p. 16), the writ circumspecte agatis (p. 17), with regard to jurisdiction assumes the force of law, and legislation against the Lollards and the Reformers ensues, (p. 25, 38). The struggle between church and state, in the former period internal, now becomes external. (2) Because of the close of the constitutional struggle in England and the foreign war with France the united English estates pursue an antipapal policy. The questions of property (p. 16), jurisdiction (p. 23), and election (p. 19), are met, and finally solved in the Reformation by the suppression of the monasteries (p. 35), the act of Annates (p. 30), the act of Appeals (p. 32), and the act of supremacy (p. 34). The recognition of the supremacy of king over pope led to the recognition of the supremacy of state over church. Out of the ecclesiastical system had evolved the political. The problem of modern England is to complete the differentiation and specialization of function. II. ILLUSTRATIVE DOCUMENTS. 1. Anglo-Saxon Period-Origin. (See Stubbs I. c. 8, Green's “Making of England,” c. 7. Traill I, 149-164.) The Whitby Synod, 661. 66 (Giles Trans.) Freeman III, c. 10. King Oswy first observed, that it behooved those who served one God to observe the same rule of life; and as they all expected the same kingdom in heaven, so they ought not to differ in the celebration of the divine mysteries; but rather to inquire which was the truest tradition, that the same might be followed by all; he then commanded his bishop, Colman, first to declare what the custom was which he observed, and whence it derived its origin. Then Colman said, "The Easter which I keep, I received from my elders, who sent me bishop hither; all our forefathers, men beloved of God, are known to have kept it after the same manner; and that the same may not seem to any contemptible or worthy to be rejected, it is the same which St. John the Evangelist, the disciple beloved of our Lord, with all the churches over which he presided, is recorded to have observed." Then Wilfrid, being ordered by the king to speak, delivered himself thus: "The Easter which we observe, we saw celebrated by all at Rome, where the blessed apostles, Peter and Paul, lived, taught, suffered, and were buried; we saw the same done in Italy and in France, when we traveled through those countries for pilgrimage and prayer. We found the same practiced in Africa, Asia, Egypt, Greece, and all the world, wherever the church of Christ is spread abroad,-Though your fathers were holy, do you think that their small number, in the corner of the remotest island, is to be preferred before the universal church of Christ throughout the world? And if that Columba of yours, (and, I may say, ours also, if he was Christ's servant,) was a holy man and powerful in miracles, yet could he be preferred before the most blessed prince of the apostles, to whom our Lord said, "Thou art Peter, and upon this rock I will build my church, and the gates of hell shall not prevail against it, and to thee I will give the keys of the kingdom of heaven?" When Wilfrid had spoken thus, the king said, "Is it true, Colman, that these words were spoken to Peter by our Lord?" He enswered, “It is true, O king." Then says he, "Can you show any such power given to your Columba?" Colman answered, "None." Then added the king, “Do you both agree that these words were principally directed to Peter, and that the keys of heaven were given to him by our Lord?" They both answered, “We do.” Then the king concluded, "And I also say unto you, that he is the doorkeeper, whom I will not contradict, but will, as far as I know and am able, in all things obey his decrees, lest, when I come to the gates of the kingdom of heaven, there should be none to open them, he being my adversary who is proved to have the keys." Cott. Tib. c. II.; Bede's Ecclesiastical History, Bk. III, c. 25. The First Civil Tithe Law, Chelsea Synod, 787. 6 "17. As to paying tithes it is written in the law, 'The tenth part of all thy increase,' etc.; "If thou bring thy first-fruits,' etc. Again by the prophet, Bring ye all the tithe into the store-house,' etc. (Mal. III: 10); as the wise man says, 'No man can justly give alms of what he possesses unless he has first separated unto the Lord what He from the beginning directed to be paid to Him.' And on this account it often happens that he who does not pay tithes is himself reduced to a tenth part. Therefore we do solemnly enjoin that all take care to pay the tenth part of all that they possess, because that peculiarly belongs to God; and let them live and give alms out of the nine parts." Haddan and Stubbs, III, 461; Gee and Hardy, 40. II. Anglo-Norman Period Domestic Conflict. (See Freeman IV, c. 19-20; V, c. 24, sec. 6; Freeman's " William Rufus," I, c. 24; Norgate, I, c. 4; II, c. 1-2; Traill I, 248, 267.) Letter of William the Conqueror to Pope Gregory VII, about 1076. (Giles' Trans.) "To Gregory, the most noble shepherd of the holy church William, by the grace of God renowned king of the English, and duke of the Normans, greeting with amity. Hubert, your legate, holy father, coming to me in your behalf, bade me to do fealty to you |