Page:Tracts for the Times Vol 2.djvu/123

Rh these men frequently resisted state persecution, will be appreciated on reading Gervase's History of Canterbury, between the years 1160 and 1200. Indeed, it would be no difficult matter to make a catalogue of the atrocities perpetrated at different times on these collegiate bodies by kings and nobles, in the hope of extorting consent to improper nominations; such as would rival Fox's Book of Martyrs in number and cruelty. Here then was the first check on improper appointments.

Again, after Nomination and Election followed Confirmation, a process well calculated to elicit any sinister dealings which might have influenced the previous steps. On a day appointed by the Archbishop, all persons whatever that had any objection to urge against the Election or person elected, were cited to appear in the cathedral church of the vacant Diocese. The Archbishop was himself to be in attendance as judge, to confirm or annul what had passed, according to the evidence which should come before him. The publicity of this process, and the circumstance that it was conducted in a place of all others the most interested in the result, seemed calculated to preclude any very flagrant neglect of duty.

But, should no obstacle have interfered with the will of the State, either in Election or Confirmation, it still remained with the Archbishop to decide whether he was justified in consecrating: and in deciding this he was left to the dictates of his own conscience, exposed indeed to the vindictive tyranny of power, but uncontrolled by any law, and responsible to no earthly tribunal.

Thus it appears that in the most arbitrary and tyrannical times the constitution of England recognised three independent checks to the King's appointment, allowing a veto to be put upon it either at Election, Confirmation, or Consecration. These checks were, indeed, frequently overpowered by the capricious tyranny of the feudal system, or the still more capricious interference of the Bishop of Rome. Perhaps, also, though upon the whole well adapted to the times in which they were devised, they are unsuited to those in which we live. Yet it is evident, that whatever difference exists between those times and our own, it is a difference in our favour; whatever checks to abuse of power could exist then, might exist, and more effectually, now; nor