rall iurisdiction of our soueraigne Lord the kyng.
Marginalia44Item, if any man be apprehend by Secular iustice in shedyng of bloud: by them if he be Lay, he is to be ordered: If he be a Clerke he is to be restored to the ecclesiasticall iudge. But whither he be a temporal man or Clerke that is so taken, and appealeth to the Officials court: MarginaliaThe clergy preiudiciall to cōmon iustice.They wilbe so bold to haue cognition therof, requiryng herewith amendes of the Secular court, whiche enterprised the foresayd apprehēsion. Yf this be suffered, the malefactor shall neuer be punished: For by and by they will appeale, and immediatly after the appellation flye & auoyde away.
[Back to Top]Marginalia45
Ex officio.Item, when they cause many of Office, to be cyted before them, they wil admitte them to haue no proctors: To whome when they come at the daye of appearance, they obiecte the crime of vsurie. And except they aunswere as the Promotor will them selues, they are troden vnder feete (although they be mere lay) and shall not be dismissed, before the fine euen as the Officials list thē selues, although they be no vsurers. MarginaliaVsury creaftelye obiected by the cleargy against lay men.But if any be vsurers, they take of them satisfaction and bribes: and so be permitted to vse their vsury, no lesse then before. So that, they may haue their old fees and bribes.
Marginalia46Item, they procure their officers to apprehend Clerkes in what soeuer soyle they be found: albeit by iustice, they may appeale therefro. But if by any they be let of theyr will, herein they doo forthewith by sentence of excommunication, cause them to desiste therfore.
Marginalia47
The prelates make the church a denne of theues.Item, as often times as anye temporall magistrate, doth apprehende any person, which afterward being required of the Clergy, is quietly deliuered vnto them: yet for all that, the Officials causeth those maiestrates to be denounced excommunicate by law.
Marginalia48Item, the Prelates geue order of Tonsures aswell to men of. xxx. yeares as vpwarde, as also to marryed men, when they come vnto them: for feare of imprisonment and punishment due vnto them for their criminal offences, before committed: And this is often tymes put in pratcise.
Marginalia49Item, if it happen any of the kinges seruantes or any other to be excommunicate, and woulde fayne be absolued, being glad to pay reasonably for the same: The Clergy wyll not receiue but suche satisfaction, as shall please them: whereby manye of them remayne styll excommunicate.
Marginalia50Item, when two persons haue bene at strife and law together for the possession of land, and the matter contentious be put into the handes of the king by some seruaunt or officer of the king, for the taking vp of the matter: then doo the prelates admonishe the one part, not to trouble the other which is in possession. Otherwyse if he do, they excommunicate him.
[Back to Top]Marginalia51Item, the foresayd prelates, Deanes, Chaplens, and other the route of the Clergy, putteth the kings officers to so much trauayle & expenses in trying out the kings vsurped iurisdiction, as they terme it: that often tymes many of them spende and consume in the trauell of the right and title thereof, al that they haue and more to.
[Back to Top]Marginalia52Item, if any secular iusticer in a true and iust cause, at the request of þe partie, putteth in his helping hand cōcerning the inheritaunce of Clarkes: the ecclesiasticall Iudges and their Ministers, sendeth out monitions in writing against the sayd Iusticer: yea vnder payne of excommunication and forfeiture, to take away his hand and leaue of: Enioyning him further to suffer the other partie quietly to enioye the sayde thinges. Otherwyse they denounce him excommunicate, and shall not be absolued before he haue well payed for it, euen as pleaseth maister Official, to the high preiudice of the autoritie of our soueraygne Lord the king.
[Back to Top]Marginalia53Item the ecclesiasticall magistrates, so soone as they heare any ritch or fat Cob to dye, or thinke that he wyllnot lyue long: sende out forthwith letters vnder seale to their Chaplen, cōmaunding him in any wyse not to presume to bury him, although he made his testament, and receaued the rites of the church. And whan afterward, the friendes and kinsfolkes of the dead resorte vnto thē to knowe the cause of their inhibition: they declare vnto them that he was an vsurer, and that he kept not the cōmaundements of holy church: MarginaliaNote the prelates of officialls to get mony.And so long kepe they the corps of the dead vnburied, whyle the frends of him bye it out with good store of money, heaping and hoording by these meanes aboundance of riches.
[Back to Top]Marginalia54Item, if there be any violent shedding of bloud in any churchyarde, whereby the Interdict taketh place: the Clergy causeth a certayne imposition to be leuied of the parishioners there, for the salari towardes the restoring thereof. Althoughe some of the parisheners bee of an exempt iurisdiction: yea and although he which shed the bloud be able to pay the whole taxe which they leuyed, and more to.
[Back to Top]Marginalia55Item, certayne Chaplaynes affirme to haue certayne Apostolicall priuileges, by vertue whereof they maye appoynt what Iudges they wyll (yea and often tymes of their owne house) and so bee Iudges in theyr own cause, which is playne agaynst the law. Whereby often tymes it happeneth, that after great proces and expenses had and made in anye great cause of Inquest (more often about realitie then otherwyse) when they haue notice by the Proctors and Aduocates that they shall haue the foyle therein: they reuoke forthwith those named Iudges, and so the kinges subiectes are damaged, and can haue no iustice nor redresse at their handes.
[Back to Top]Item, if any temporall man call a Clarcke before a secular iudge in a case of inheritaunce: the ecclesiastical Iudge procureth a stop to be made therin, attributyng to them selues the cognitiō therof: and so by adiourning and remouing, the laye man is constrayned to make satisfaction.
Marginalia56Item, the clergy chalengeth the cognition of suche causes as maryed Clarkes being marchantes and artificers doo commence: when by lawe it doth appertain to the temporaltie, especiallye about the trade of Marchaundise.
Marginalia57Item, they often tymes make Interdictions in many of the kinges townes and holdes, and cause the diuine seruice to cease: agaynst the priuileges graunted by many of the hygh bishops of Rome to our soueraigne Lord and Maister the king.
Marginalia58Item, to and for the mayntenaunce and keeping of their temporalities, they appoynt Bailifs and other officers: who if they do offende, may not condignly be punished according to law and iustice.
Marginalia59Item, the ecclesiasticall Iudges haue promoters belonging vnto them: who when any man is excommunicated (be it right, or be it wrong) they cause to bee made, that no man shall worke or do any thing for him that is excommunicate: whereby the landes and vynes are often tymes vnlooked to and vntylled, to the no smal preiudice of the king and his common people.
[Back to Top]Marginalia60Item, the foresayde Promoters cause Citacions to be made out, by vertue wherof they call in one citation, xx. xxx. or. xl. persons to appeare, for participating wyth such Interdicted persōs: taking of some. x. of other some, xx. s. as much as they be able to make: wherby, the common people are much oppressed.
[Back to Top]Marginalia61Item, the ecclesiasticall Iudges cause all the Aduocates of their courtes to be sworne, that none shal retaine them of their councell agaynst any of them, without their licence. Whereby often times, the poore man quite leeseth his right, and the kinges cause is delayed: Because, his Sollicitors cannot freely retaine counsel, without speciall licence.
[Back to Top]Marginalia62Item, they wyll make Inuentories of their goodes