A complete history of England from the first entrance of the Romans under the conduct of Julius Cæsar unto the end of the reign of King Henry III ... : wherein is shewed the original of our English laws, the differences and disagreements between the secular and ecclesiastic powers ... and likewise an account of our foreign wars with France, the conquest of Ireland, and the actions between the English, Scots and Welsh ... : all delivered in plain matter of fact, without any reflections or remarques by Robert Brady ...

Investitura.

THis Word is derived from the Verb Vestire. Bezoldus says it comes from Vest, an old Franco-Gallic word, that sig∣nifies Possession or Seisin. Discurs. polit. p. 90. From whence∣soever [ F] it is derived, it signifies both to give and take Posses∣sion: For giving Possession or Seisin, antiently did not pass by bare Words, Instruments or Charts, but by some other Ceremonies or Symbols, which denoted the passing of an E∣state out of the Power of one man, into the Power and Pos∣session

of another, and the same Ceremonies and Symbols were used in almost all Nations; if land passed, a Turf, or Green Clod, or Sword of Earth was laid upon the Instrument to signifie the Soyl passed, and a little Branch of a Tree, ramus vel fust••ca was pricked upon it, to signifie the profits, and what grew upon it passed with it. The several sorts of Sym∣bo••s [ A] and Ceremonies of passing away Estates, with the Forms which were very many, are to be found in the very Learned Du Fresne in this Word, where the Reader, as in all parts of his Glossary, may observe w••at had anciently nothing pe∣culiar to England. But the Reason of my so much taking no∣tice of this Word, is, The great confusion it made in Chri∣stendom, [ B] and the horrible Bloodshed, which followed the Contest about Investitures, between Pope Gregory the Seventh, otherwise called Hildebrand, and Henry the Fourth Empe∣ror of Germany, or rather inter Sacerdotium & Regnum, be∣tween the Clergy and Laity. This was the Original or occa∣sion of the Contest between King Henry the First, Arch-Bishop Anselm, and Pope Paschal the Second; Between King [ C] Henry the Second, Thomas Becket, and Pope Alexander the Third; Between King John, Stephan Langton, and Pope Inno∣cent the Third; Between King Henry the Third, Arch-Bishop Boniface; Pope Alexander the Fourth, Urban the Fourth, and Clement the Fourth; or between the Clergy, and Rebellious Barons that struck in with them, and the King and his faith∣ful [ D] Subjects.

This Investiture was made, or the Possession of the Bishop∣rick or Abby given by the Delivery of the Pastoral Staff and Ring, to the future Bishop or Abbat by Temporal Princes; And they had always i••oyed this Right of Investiture un∣til the Time of Pope Gregory the Seventh, called Hildebrand, [ E] who in the Sixth year of his Papacy A. D. 1078, in the Fifth Roman Council, which was called for the Restauration of Holy Church, procured this Canon to be made.

Because we have been informed, That in many places In∣vestitures of Churches have been made by Lay-men contrary to the * 1.1 Decrees of Holy Fathers, and from thence many Disturbances have happened in the Church, to the Oppressi∣on [ F] of Christian Religion, We Decree that no Clerc shall re∣ceive the Investiture of any Bishoprick, Abby or Church, from the hand of Emperor or King, or any other Lay Person, Man or Woman; If any one shall presume to do this, let him know, such Investiture is made void by Apostolic Au∣thority,

and that he is Excommunicated, until he gives just satisfaction. Labbe. Tom. x. Col. 371, 372. Can. 2.

In the seventh Council at Rome, held under this Pope A. D. 1080. Henry the Fourth was deposed from the Empire, and Rodulph made Emperor; and the seventh Canon, concerning his Deposition and Excommunication is in a high strain, and worth noting. In this Council the former Canon was con∣firmed with this Addition, That if afterwards any one should receive a Bishoprick or Abby from any Lay-Person, they were not to be esteemed as Bishops or Abbats, nor any obe∣dience was to be paid to them as such, and the Grace of St. [ B] Peter, and entrance into the Church was interdicted them, until they had quitted the place they had so received. And in like manner it was Decreed, concerning inferiour Ecclesi∣astic Dignities. Ibid. Col. 381. Can. 1.

In the same Council it was also Decreed, That if any Em∣peror, King, Duke, Marquess, Earl, or other Secular Potentate or Person, should presume to give the Investiture of Bishopricks, [ C] or any other Ecclesiastic Dignity, he should be liable to the same sentence; and furthermore unless he repented and left the Church to its own Liberty, he should feel the Divine Ven∣geance in this life, as well in his Body, as in his other Affairs, that his Soul might be safe at the coming of the Lord. Ibid. Can. 2.

[ D] Pope Urban the Second in the eighth year of his Papacy, A. D. 1095. held a Council at Clermont in France, in which it was Decreed, That no Clerc should receive any Ecclesiastic Honour from a Lay-person, Ibid. Col. 508. Can. 15. nor any King or other Princes should make Investitures of Ecclesiastic Honors, Ibid. Can. 16. Nor that any Bishop or Priest should do fealty or homage to any King or Lay-man. Can. 17.

[ E] The same Pope in the last year of his Papacy, A. D. 1099. held a Council at Rome, about the beginning of May or latter end of April, in which he declared all Abbats Excommunicate, which for the future should presume any way to receive the Investitures of Abbies from any Lay-hand, and forbad all Bishops to Ordain or Consecrate them, Ibid. Col. 617. Can. 17. He that will see what advantage the Clergy made of [ F] these Canons and Decrees, let him read the Ecclesiastical Story in Henry the First and Henry the Second, the life of King John and Henry the Third. And who will see the be∣ginning and progress of this Controversie about Investitures inter Regnum & Sacerdotium, between the Secular and Ec∣clesiastic

Government, or between the Emperor Henry the Fourth and Pope Hildebrand, otherwise Gregory the Seventh, and Pope Paschal the Second, let him see William of Malms∣bury, who lived at the same time, f. 60. b. n. 10. f. 61. a. n. 30, &c. f. 93. b. n. 40. f. 94 a. b. &c. And Jurets Ob∣servations upon Ivo Carnotensis his Epistles printed at Paris [ A] 1610. p. 740. upon the 233d Epistle, and p. 744. upon the 236th Epistle. The Decrees and Canons, were the foun∣dation of the Popes Provisions and Donations of Bishopricks and Ecclesiastic Livings afterwards in all Nations, but especi∣ally this.

Notes

• * 1.1

  None of these are ex∣tant.