Thematic Divisions in Book 4
1. Lanfranc2. Gregory VII3. William the Conqueror4. William Rufus5. Henry I6. Stephen and Henry II7. Frederick Barbarossa8. Thomas Becket9. Becket's letters10. Becket's martyrdom and miracles11. Events of 1172-7812. Waldensians13. Other incidents of Henry II's reign14. First year of Richard I's reign15. Strife at Canterbury16. Richard I and Third Crusade17. William Longchamp18. King John19. Henry III's early reign20. Innocent III and mendicant orders21. Papal oppression of the English Church22. Albigensian Crusade23. Hubert de Burgh24. Gregory IX25. Schism between Greek and Latin Church26. Papal exactions from England27. Louis IX on Crusade28. Frederick II29. Opponents of Papacy30. Robert Grosseteste31. Aphorisms of Robert Grosseteste32. Persecution of Jews33. Papal oppression and Alexander IV34. Conflicts in universities and mendicant orders35. Henry III and the barons36. Battle of Lewes37. Battle of Evesham38. End of baronial war39. Ecclesiastical matters and Edward prince of Wales goes on crusade40. Foreign events in Henry III's reign41. First seven years of Edward I's reign42. War with Scotland43. Philip IV and Boniface VIII44. Events of 1305-745. Cassiodorous's letter46. Pierre de Cugniere47. Death of Edward I48. Piers Gaveston49. The Despensers and the death of Edward II50. John XXIII and Clement VI51. Rebellion in Bury St. Edmunds52. Edward III and Scotland53. Edward III and Philip VI54. Edward III and Archbishop Stratford55. Events of 1341-556. Outbreak of the Hundred Years War57. Anti-papal writers58. Quarrel among mendicants and universities59. Table of the Archbishops of Canterbury
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466 [445]

K. Edward. 1. Parliamēt in France. Articles against the prelates

Shriefes and proueth them to be hys, and therfore the matter to be ordered by them: if afterwards the bishops or their officiall affirme the sayd felon or malefactor to be a clerke, they will be vertue of their decrees or monitions compell the kinges Shriefes to restore and bryng in the stollen goods: and if they doe it not, they are pronounced excommunicated.

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Marginalia29Item, if it happen the kinges Shriefe or Bayliefe to take an offender for hys offence, and he affirmeth him selfe to be a clerke: although he neuer tooke any kind of tonsures or orders wearyng no habite apperteinyng thereunto. Yet the Bishops or their Officials will cause the deteiners of them by their censures to deliuer vnto them the sayd malefactors as their clerke.

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Marginalia30Item, if it happen the kynges Shyriffe or other his iustices to take a theefe or murderer whiche beareth a clerkes marke and tonsure, and therfore deliuereth hym to the clergie to be ordered: It shal not belong before he be acquited by them, although he afterward recognise hys fact: ye and notwithstanding his fellowes and parteners of that offence beyng mere temporall, receyued iustice for the same, and appecheth hym therof. And so the lyke malefactors to be incouraged thereby to commit after the lyke.

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Marginalia31Item, if any complayneth and sayth that he is spoyled, by & by the Officials will decree a monition agaynst the spoyler: by vertue wherof, some one of the deanes of the clergie shall monishe him, to restore the thynges comprised in the monition, and also to minister him an othe whether he hath not spoyled þe plaintif of such things, as he saith he was spoiled of. But if he refuse to take an oth before him, then the deane will straightwayes seale vp the monitiō, and excommunicate him: and by no means shalbe absolued before he restore and satisfie the cōtents in the monition, whereof the plaintif sayd first he was spoyled of.

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Marginalia32Item, if any for his offence be cast into prison by the secular power, although at the tyme of hys takyng he ware temporall habite and was in no orders, but all the dayes of his life liued like a temporal man: yet if he shall auouch and vow him selfe to be a clerke, to the entent to haue more expedition at the clergies handes, & to escape vnpunished: The clergie wil incōtinēt, giue to the Layte in commaūdement to restore vnto them the malefactor, or els suspēsion to be denounced throughout the whole towneshyp where the sayd malefactor shalbe so imprisoned. And for auoyding the ieopardy whiche myght arise of the sayde Seasement: the secular iudge of necessitie is compelled to deliuer them the offender, MarginaliaResortum.to the great preiudice of the kynges temporall iurisdiction, to whom the cognitiō therof might appertaine, in case of resorte and prerogatiue.

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Marginalia33Item, when any offender is deliuered by the temporall maiestrates to the clergie, as their clerke: his frends will make sute to the Bishops Officials for him, and cōpounde with them: by reason wherof, they demisse them vnpunished and so do worse and worse, although theyr fact was neuer so notorious.

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Marginalia34Item, so soon as any marryed clerke beyng a marchaunt, or of whatsoeuer other science he be of, for any his offence by him committed, is called before the Secular iudge: The sayd clerke obtayneth of the Officials a monition, bringyng with them some priest, who doth inhibite the secular iudge, vnder payne of one hundreth or ij. CC. markes, yea and of excommunicaton to, not to proceede farther nor to meddle in such causes, and not to molest such parties neither in body nor in goodes. But if the iudges obeyeth not, they shalbe suspēded frō hearing of Masse in that place, although þe matter concerneth the facte of marchaundise.

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Marginalia35Item, the sayde Officials graunte citations without number agaynst the layte in cases of warranties perso-nally to ascite before thē persōs vnknowē. But if they be knowen, it is conteined in the citation that in no wyse, and that vnder a great payne he cause his aduersary to be called before a secular iudge, duryng the returne of the citation.

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Marginalia36Item, when one is excommunicated in any place: the Officials graunt out personall citations agaynst them, whiche do participate and are conuersaunte with the excommunicate: causing a whole countrey by the space of viij. miles about to be cited together. And further the frendes and acquaintaunce of the partie so excommunicate (somtyme by xl. some tyme three score, yea and sometime a hūdreth at once) are compelled to make their purgation before them: that thei do not participate nor kepe companie with their frendes the excommunicates. Wherby ensueth, that many honest old and aunciēt men for auoyding of troubles and expēses do pay some xii. d. some ii. s. By occasion wherof, many vines are vnlooked to, much ground vntilled: yea and many good men constrayned to lay the key vnder þe doore, and runne away.

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Marginalia37Item, the said Officials do burden many persons of good name and fame, to be vsurers, wherby they are constrayned to agree with them, for auoyding the infamie, that thereby might ensue.

Marginalia38Item, the foresayd Officials calleth by citation afore them, the honest wedded (aswell man as woman) chargyng them, that they haue committed adultrye to the perpetuall infamie of their husbādes and wiues. And for nothyng els but by extortion to wring money from thē.

Marginalia39Item, mention must be made of the multitude and number of Proctors, whiche eate and deuoure vppe all the world with their citations: catching vp clientes, and kepyng abroad in the coūtrey courtes and Assises, who for money returne not the citations, whiche by extortion they receaue of them whiche are cited.

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Marginalia40Item, there be many other griefes and enormities, whiche the Chapiters, Abbottes, Priors, Prouostes and other ecclesiasticall persons in the realme of Fraunce, practise agaynste the people. As when they cause to be cited before them, many of the kynges burgeises, and other in diuers places beyng priuiledged: that is to say, Baiocenses, Manmectans in Britanie, Lugdons, Masticons, with other more. But specially the Prouoste of Hospitals, vse more commonly this trick, thē any other do: Wherby, the people is much enadmaged, and wilbe euery day more and more, if remedie be not had therin.

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Marginalia41Item, ecclesiastical magistrates laboure to haue cognition of causes of iniurie, in whatsoeuer cause it be: whither the iniurie be cōmitted by worde or facte. Likewise, they take vpon them to heare the causes of maried Clerkes, and of their wiues although they both vse marchaundise. And if at any tyme such couples be takē by þe Secular magistrates, the Officiall causeth a suspension to be denounced in that parishe, by force of the councell Siluanecten.

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Marginalia42Item, they chalenge to haue cognition concernyng widowes goodes, bothe mouable and vnmouable. And if it happeneth at any time that a marchaunt widow, in any the kynges peculiars by waye of reste, procureth any temporall man to bee conuented before the Secular iudge: and the matter so farre trauised, that he should haue been condēned by the sentēce of the Secular iudge, and then come to the eare of the ecclesiasticall magistrates, how & before whom þe widow did conuent hym: The sayd temporal iudge shal be constrayned, to withdraw the same. And by their monitions and censures to correct the same, and this often tymes happeneth.

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Marginalia43Item, many of the tenauntes and inhabitours of the Byshops landes, calleth one an other to the court of the Officials by a kynde of appellation: By vertue wherof, the Officials take vpon them, to procede in the same and to haue cognition thereof: to the preiudice of the tempo-

rall
Q.i.