ESTABLISHMENT

and other our freeholders which have their woods in forests, shall have their woods as they had them at the first coronation of King Henry, our grandfather, so that they shall be quit for ever of all purprestures, wastes, and asserts made in those woods after that time until the second year of our coronation."

People in these days who violently assail the Church on the alleged grounds that she is the enemy of freedom, have little idea of how much they are indebted to her as the successful champion of liberty. If the Church and her influence could be blotted out of England's history, the England of the present would be bereft of some of the brightest and noblest passages in its annals. Instead of freedom reigning supremely in the land, tyranny and oppression might still have the upper hand, and in the place of constitutional government the people might still be ruled by the arbitrary will of kings. The Church shared with the people the fellowship of oppression, and she rejoiced with them in the fellowship of freedom.

The Church pays a High Price for her own and the People's Liberties.

For the free liberties and free customs guaranteed by the Charter of the Forest, the Church and Realm paid subsidies to the King to the extent of one-fifteenth of their movable goods. The Charter is signed and promulgated at Westminster by 9 Henry III. cap. 37.

The Statute runs :

"All these customs and liberties aforesaid which we have granted to be holden within this our realm, as much as pertaineth to us and our heirs we shall observe; and all men of this our realm, as well spiritual as temporal (as much as in them is), shall observe the same with respect to theirs in likewise. And for this our gift and grant of these liberties and of other contained in our charter of liberties of our forest, the archbishops, bishops, abbots, priors, earls, barons, knights, freeholders, and other our subjects, have given unto us the fifteenth part of all their movables."

As the price of her own and the people's liberties the

Church gave to covetous kings liberally of her substance. Her property was always admitted by statute to be her own, over which she had free disposing power in and for all lawful objects. In cases in which her property was violently taken from her, it was admitted to be a wrong, and redress was frequently given to her.

5.

Breakers of the Great Charter pronounced excom-
municate.

On May 3, 1253, the Archbishop of Canterbury and his Suffragan Bishops pronounced the solemn sentence of excommunication against all violators of the "Church's Liberties" and the "Liberties of England," set forth in the Great Charter, as is recorded in 37 Henry III.

The statute says, after recording the names of the prelates present :—

"Bishops apparelled in pontificals, with tapers burning, against the breakers of the Church's liberties, and of the liberties or other customs of the realm of England; and namely of those which are contained in the Charter of the common liberties of England, and Charter of the Forest, have denounced the sentence of excommunication in this form." Then follows the sentence in the usual form against "All those that hereafter willingly and maliciously deprive or spoil the Church of her right, and all those that by any craft or wiliness do violate, break, diminish, or change THE CHURCH'S LIBERTIES AND FREE CUSTOMS,' and against "all that, secretly or openly, by deed, word, or counsel, do make statutes, or observe them, being made, and that bringin customs, or keep them when they are brought in, against the said liberties."

The important event described in this statute stands out as one of the most prominent and interesting in English history. The Church and the Barons of England withstanding the extortions and oppressions of the king, compel him in the most formal manner to confirm the Great Charter. For this they agreed to grant him supplies of money. The ceremony of confirmation in the Great Hall of Westminster was invested with all the solemnities which accompanied the

Church's most awful sentence of excommunication, and in the face and form of this dreaded censure, which was pronounced beforehand on all breakers of the Great Charter, the king was made to swear that he would keep it inviolate.

6.

The Church the Guardian of the Nation's Liberties. By 25 Edward I. stat. 2, the guardianship of the chartered rights and liberties of the Church and Realm was committed to the Archbishop of Canterbury, who pronounced the solemn sentence of excommunication on all violators of

the same.

The words of the statute are :

"Whereas our sovereign lord the King, to the honour of God and of Holy Church, and for the common profit of the realm, hath granted for him and his heirs for ever these articles above written, Robert ARCHBISHOP OF CANTERBURY, PRIMATE OF ALL ENGLAND, admonished all his province once, twice, and thrice. Because that shortness will not suffer so much delay as to give knowledge to all the people of England of these presents in writing; we therefore enjoin all persons, of what estate soever they be, that they and every of them, as much as in them is, shall maintain and uphold these articles granted by our sovereign lord the King, in all points. And all those that in any point do resist or break, or in any manner hereafter do procure, counsel, or otherwise assent to resist or break those ordinances, or go about, by word or deed, openly or privily, by any manner of pretence or colour: we, the foresaid Archbishop, by our authority in this writing expressed, do excommunicate and accurse, and from the body of our Lord Jesus Christ, and from all the company of heaven, and from all the sacraments of Holy Church, do sequester and exclude."

Just as the Church had fought for and paid for, where necessary, her own and the nation's rights, so when these were obtained she watched over them, and became their faithful guardian and keeper. She made them known to the people, and by the frequent rehearsal of them kept them fresh in their memories. She enforced them by the sanctions of religion, and pronounced the most awful sentences of excommunication against their violators, whether

D

kings, nobles, or peasants. When no other power could be found to curb the tyranny of kings, and restrain oppressors of the people, as all impartial historians confess, the Church only by her threatened ecclesiastical censures was equal to the occasion.

7.

Great Charter to be read in Cathedrals and Parish

Churches.

For the more assured safe keeping and observance of the Charter, its special custody was, by 34 Edward I. stat. 4, cap. 6, committed to the Archbishops and Bishops, who were to read it in their Cathedrals twice in the year, and to cause it to be read in Parish Churches.

The words are :

"For the more assurance of this thing we will and grant that all Archbishops and Bishops for ever shall read this present Charter in their cathedral churches twice in the year, and upon the reading thereof in every of their parish churches shall openly denounce accursed all those that willingly do procure to be done anything contrary to the tenor, force, and effect of this present Charter in any point or article. In witness of which thing we have set our seal to this present Charter, together with the seals of the Archbishops, Bishops, etc., which voluntarily have sworn that, as much as in them is, they shall observe the tenor of this present Charter in all causes and articles, and shall extend their faithful aid to the keeping thereof."

The reading of the Great Charter in cathedrals and churches was something like an incorporation of the rights and liberties of the people into her religious services. Certainly no greater trust could have been committed to the Church than the safe keeping of Magna Charta, and well and faithfully, even her enemies being witness, did she perform such a solemn duty.

8.

Clergy in the King's Service not exempt from the Jurisdiction of their Bishops.

The Clergy employed in the King's immediate service, alike with others not so employed, were subject to the spiritual jurisdiction of their Bishops, as declared by 9 Edward II. stat. 1, cap. 8.

The statute says:

"It pleaseth our lord the King that such clerks as attend in his service, if they offend, shall be correct by their ordinaries, like as other."

The spiritual jurisdiction of the Church is here plainly conceded by statute, even over clergy who were employed in the service of the king. This jurisdiction, so far as spiritual and ecclesiastical offences are concerned, is still exercised by the bishop of each diocese over his clergy. This jurisdiction is inherent in the Church as a spiritual institution, but its exercise often carries with it social and civil consequences, which would render its free exercise impossible without the authority of the State.

If all clergy would submit themselves to this jurisdiction. without appeal to the civil power, the Church of England, though in union with the State, would be ecclesiastically in the fullest sense a self-administrative and self-governing body effectually liberated from State control.

9.

Clergy engaged in the King's Service might be for a limited time Non-resident on their Benefices.

By the same Statute the King claims for such of the Clergy as are employed in his immediate service, the privilege of nonresidence on their benefices for a limited time, and this is declared to be an ancient custom, and not prejudicial to the liberties of the Church.

The exact words are :

"The King and his ancestors since time out of mind have used,