The national era. [volume] (Washington [D.C.]) 1847-1860, 1853-11-17

or benches. The ceremony Of homage was
performed by the vassal throwing himself upon
his knees, and placing his joined hands be-
tween those Of his suzerain. in which attitude
he swore fealty. The Council Of Bari declared
1t most execrable that pure priestly hands,
which conferred divinity on the holy wafer in
the Eucharist, should in this Illuminating man
ner be enclosed between prOiane hands, stained
with blood, and polluted by rapine. This de-
cree Anselm supported not only refusing to do
homage for his spiritual dignity, but even re-
fusing to communicate with any priest who
submitted to such an outrage Henry, fear
ing 20 embroil himself with the church. con-
sented to refer the controversy TO the Pope
who OF course decided in favor of Anselm; and
one OF his reasons is highly characteristic of
the presumption of the sacerdotal hierarchy.
sit is monstrous' said the Pope, "that u son
should pretend to beget his father OF u man t.
create his God; priests are called gods in Scrip
ture, rs being the Wears Of gods: and will you,
by your abominable preiensioDs to grant them
lnyestlture assume the right of creating them >
Henry however, determined 70 maintain his
prerogatve; and after much pickering a com
promise was agreed npOn to this effect Two
ceremonals preceded the conservation of bish-
ops; the one comforting spiritual dignity, the
other conferring temporal profits the former
was the lnvestture, the sovereign giving the
bishop ring and crosier, symbols of the epis-
copal cihce; the latter was homage, already
explained. Henry consented to resign the in
vestlture, and the Pope commanded the pre-
latos TO perform the homage.
Stephen, as usurper, was obliged to make
many concessions, till he felt himself firmly
seated on the throne. Having seized the kings
treasure be bribed foreign mercenaries and
the Pope, when the latter confirmed his title
but the clergy annexed to their oath of allie
glance a clause to the effect that they were
only bound to allegiance so long as the king
defended the ecclesiastical privileges and dis
cipline Of the church. But on fray taking
place between the Earl of Brittany and the
Bishop of Salisbury the king seized the latter,
put him in prison, and demanded the keys of
his castles 1t was in this reign that the
church obtained for its members that mmu-
nifty called Benefit Of Clergy, by which a per-
son who could read escaped the penalties at
tached to the preparation of crime. 10 short
time, more than hundred murders were COM
mitted by men in holy orders, with impunity,
and the bishops openly gloried in their priv
lege Henry IL took bold measures to curb
the insolence of the spiritual aristocracy, in
which he was assisted by the temporal nobil-
ity, and the constitutions of Clarendon were
passed Those constitutions ordered, that cler-
gymen accused of any crime should be tried
in the civil courts; that laymen should not he
tried and sentenced in the civil courts, except
by the testimony Of respectable witnesses
that the hing should ultimately decide in &c
clesiastical and spiritual appeals; that arch
I,ab,,a nI I;ohnva ehnnl1 ba al NJ
barons, and contribute to the public burdens
according to their rank and means that goods
forfeited to the king should not be protected
by being placed in churches and churchyards
and that the sons Of villeins should not take
orders without the consent of their lords. Those
constitutions were rejected by the Pope, and
then commenced the well known struggle be-
tween the king and Thomas-a- Beckett.
Such was the first phase of the territorial
constitution of England, in which We see three
different forms Of arstocracy. royal aristO
crat, called by historians king Temporal
and spiritual aristocracy, each jealous of thu
other-suspcous, overreaching, tyrannical. A
one time, we behold the king and Temporal
barons combining against the spiritual barons
as in framing the constitutions of Clarendon
at another, the temporal and spiritual baron
uniting against the king, AS at Magma Charts
1t was a war of sections of aristocracy agains
each other. Each wished to rule--none Wa
willing to obey The passions PROMINENT
manifested were ambition and avarice Tn
country was delivered over to brgandagt
Each baron in his castle, was despot from
which he sailed forth, when he pleased, t,
plumber, STAY and ravish. Industry scarcely
dared to raise its arm and labor, lest wher
| la. L 4 a
ity should smte that arm off with battle-axe
| True it is, that Henry the Second gave charters
to several towns, and granted them municipal
privileges by incorporating them into GUILDS
but this blow, struck at territorial feudalism
would have availed little, had it not been toI
the Crusades, which saved the land from con
tinuous robbery, and sent the fierce barons t.
expend their lures in Palestine lt was q
master stroke of ecclesiastical policy, when the
Popes responded to the call OF Peter the Her
nit and it was happy day for England when
| Richard of the Lion Heart resolved to external
nate the infdels Had he remained at home
| England would have been reduced to a wilder
ness, for the aristocracy would have initiated
his example of rapne and lawlcssness He had
massacred the Jews in London and York, that
he might seize their treasures and at the lat
ter town, the aristocracy, who were indebted II
them. rushed to the cathedral where their
bonds were kept, and made bonfire Of them
before the altar Richard sold the revenues
and manors of the crown, and the high Offices
of trust and power How thoroughly he hated
the spiritual establishment, the following anec
dote shows A preacher, in a remonstrance
ad vised him to sell his three daughters, which
he called pride, avarce, and sensuaty. The
King answered " You counsel right; | have
already provided husbands for them will sell
my pride TO the templars, my avarice TO the
monks, and the clergy shall share my sensual
ity among them"
The reign OF John is Nh epoch at this histOri
cal period in the rise and progress Of the Eng
lish arstocracy. His character was a com
pound of every baseness, without ono redeem
ing virtue He hired rufians, whom he called
his champions TO fight duels with his refractory
barons, who, disdaining the dishonorablc con
test. combined against him. The murder Of
Arthur and the loss Of Normandy rendered him
contemplate. He embroiled himself with the
church, and the kingdom is placed under an
interdict. He is accommodated, and the Pope
gives his crown to Philip of France. Terrified
by the Iegate Pandolph, he consents - hold
Engl and az n vassal Of Rome. Philip IL totally
defeated in naval action. John, now feeling
himself secure renews his tyrannca practices
The barons determine to reduce his prerogs.
tive, and wrest from him his Magma Charta
These are its chief provisions: IL secured the
free elections Of the clergy, and decreed that
fines levied on them should be regulated &C
cording to the value of their estates only 10 the
exemption of their benefces. Barons allowed
to recover the lands OF their vassas, even though
forfeited for felony, after having been in pos
session of the crown year and day No tax
to be imposed without the consent Of the ns.
ton, except for ransoming the king knighting
his eldest son, or portioning his daughter in
marriage. No land belonging to baron TO be
seized for crown debt, il the owner offered
personal property in satisfaction nor any vas.
sal allowed to sell 30 much Of his land ~ nigh,
incapacitate him from paying his dues to his
l. III