(4) Du pin.

tions under which the Church fo long groaned
before the Times of the Reformation. How-
ever this was not fufficient to justifie the man-
ner of Hildebrand's proceeding in this Affair.
Princes were not to be Hectored out of their
Prerogative by Bulls and Canons, they ought
to have been more mildly treated, and if pof-
fible to have been perfuaded by gentle Methods,
(the most likely means to prevail with Per-
fons in Authority) either to abate fomewhat
of their Prerogative in this Affair or to have
made a right Use of it by preferring Perfons of
Learning, Probity and Merit. Had he hum-
bly defired Princes not to bestow Inveftitures
without the Advice and confent of their Great
Councils or Affemblies of the States, probably
he had prevailed; but going about to abolish
the Right it self, and prohibit all Laicks from
Exercifing the Right of Patronage which had
accrued to 'em by the Endowment of Churches,
and the Approbation of diverse Councils as
well as Popes, this was not to be endured, and
fet the whole Empire in a Flame. Gregory
VII. died without effecting what he so much
laboured at, and his next Succeffor Victor III.
renewed the Prohibitions against Investitures,
but he was foon taken off by Death, and there-
fore could not do much in this matter. To
him fucceeded Urbane II. a true Difciple of
Hildebrands. He in the Decretal Epiftle inter-
dicted a Priest of Salerno, who held a Church
at the Patronage of a Laick, and pronounced
the fame penalty against all those who received
their Benefices from any befides their Bishops.

(a) Now the contest between the Pope and VOL 1o. p. 25. the Emperor about Inveftitures grew very hot. The Emperor declared, that this had

been

been the undoubted Right of the Empire, from the time of Gregory the Great, and that it seem'd reasonable, because without it Bishops could not enjoy the Cities, Caftles, Territories, Feuds, or other Revenues depending on the Empire. The Pope replied, that the Church being redeemed by the Blood of Jefus Chrift was free, and therefore ought not to be put in Bondage. That the Church would by this means become a Vaffal to the Empire, and this was an Ufurpation upon the Prerogative of God himself. And that it was unbecoming, and beneath the Sacerdotal Order and Unction, that Hands Confecrated with the Body and Blood of Chrift fhould be put into Hands stained with Blood. At laft the Emperor faid he would quit his Right of Inveftiture if the Bishops would quit all the Seigniories and Lands which they held of the Empire. This Pope Pafchal II. (the Succeffor to Urbane, and another Difciple of Hildebrands) confented to; for he cared not how poor other Bishops were made, fo they might depend only on himself: But the Bishops could not be fo eafily prevailed with to part with their Estates and Dignities on those terms. At length the Emperor Henry V. Surprized the Pope and Cardinals, and forced 'em to grant that Bishops and Abbots fhould not be Confecrated till they had received their Inveftitures from him. But affoon as his Ho liness was at Liberty, he cancelled all, and made new Decrees against Inveftitures. Notwithstanding (fome fay) that upon the Conclufion of this agreement betwixt him and the Emperor, wherein he had confirmed to him the Right of Inveftitures, he communicated to his Imperial Majefty a Moiety of the Hoft Dd 3 which

which he had Confecrated, protesting that he gave it him as a Seal and Pledge of the Peace he had then made with him, and of the Concord which was then between them: And that whoever of them fhould break this Concord or violate this Peace; fhould have no part or Portion in the Kingdom of Jefus Chrift. But his Holinefs had fcarce obtained his Liberty before he thought it convenient to difpenfe with this most folemn Engagement. Which I cannot fee how he could do with any Lawful pretence, unless it had been Malum in fe, for an Emperor or Sovereign Prince to Invest a Bishop with the Temporalities of his Bishoprick. And if it was Malum in fe, how could he excufe his taking fuch an Oath? Or what can be faid to juftifie thofe infallible Popes who granted this Right to Charlemagne, and Otho the Great, ftill extant in their Body of Canon Law? But it feems not only Canons and Decrees, but Perjury it felf too may be difpenfed with, when it interferes with the Interest of the Court of Rome.

Pope Pafchal did not long furvive this Act, and Cardinal John Cajetan fucceeded by the name of Gelafius H. He renewed the Decrees againft Inveftitures, butlived not long enough to act much against the Emperor. To him fncceeded Gay, Archbishop of Vienna, by the Name of Calixtus II. Betwixt whom and the Emperor Hen. V. there was at laft an agreement made in this manner, by the Mediation of William of Champeaux Bishop of Chalons and Pontius Abbot of dugni,who went to Stras burg to begin the Treaty. For the difficulty by that time seemed to be reduced to the Ce remony of the Inveftiture with the Ring and

Staff;

Staff: At least those who were concerned in the Negotiation thought fo. Henry the Emperor was ready to renounce this form of Inveftiture, provided it might not prejudice his Prerogative; and that the Bishops and Abbots fhould hold their Feuds and Royalties of him, and take the Oaths of Allegiance to him, and pay him all thofe Dues to which they were obliged, by virtue of the Eftates which they Poffeffed. But the Pope altogether infifted upon a general Prohibition of receiving any manner of Inveftiture or Ecclefiaftical Benefice from Laicks; to which neither the Emperor or any other Princes would confent. For the Princes pretended to thefe Three things, (1.) That no Election of Bishops or Abbots ought to be made without their confent. (2) That the Perfon Elected ought to receive Inveftiture from them with the Paftoral Rod and Ring, before he fhould be Confecrated. (3) That he fhould be oblig'd to take an Oath of Fealty to them and do them Homage for all his Feuds and Royalties which were dependent on them. At last therefore after much canvaffing and difputing they came to this accommodation, whereby it was granted to the Emperor and German Princes, (1) That the Election of the Bishops and Abbots fhould be made in their prefence, and confequently by their confent. (2) That in Germany the Bishop Elect fhould be Invested with the Royalties, (that is all the Eftates holden of the Crown) by the Scepter before his Confecration. (3) It preferves to them all the Dues and Services to which the Bishops were obliged, by virtue of their Feuds. So that all the alteration it made to the ancient Custom of Princes confifted, (1) In

Dd 4

(1) In that it took away the Ceremony of Inveftiture by the Paftoral Rod and Ring. (2) That it restrained the Ceremony precifely to the Royalties, and fuch Feuds as the Bishops held of the Crown. (3) That it permitted the Confecration of Bishops out of Germany, before they received Inveftiture, yet upon condition that they fhould receive it within Six Months after. This accommodation was made about the Year 1120.

I do not find that there was any great Controversie upon this Subject, either in France or Spain: The Pope found Work enough about this matter in Germany and England. However, it seems all Princes did in fome Measure conform themfelves to this Agreement between Calixtus II. and Henry V. And left off the Ceremony of Inveftiture by the Ring and Staff, tho' they ftill continu'd to nominate or at least to recommend whom they thought fit to be Elected to Bishopricks: For after all they parted with little of their Prerogative, but only with a Form or Ceremony not very material. Indeed the Pope by this means did fo order the matter as to make himself a Judge of the validity of Elections, and has thereby often impofed upon weak Princes, and endeavoured to draw all Bishopricks and great Abbeys into his own Patronage; but he could never effect his Defign as he would do. And tho' Princes have fince this Accommodation fuffer'd the Chapters to Elect; yet it has been generally fuch Perfons as they have nominated or recommended to 'em, and Elections have been little more than matter of Form.

CHAP