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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382 [381]

K. Edward.1. Articles agaynst the Clergie.

make relation of such wrong as ye haue receiued at the laites handes. And we in likewise straightly charge and commaunde you, our Barons, Bailiffes, and officers not to faile, but to make your personall appearaunces before vs, the day and place aboue written, and there to exhibite before vs a bill, of such complayntes wherewyth you burden our Prelates and clergie with their officials: that we wyth our counsell consulting thereupon, wyth due regarde may see redresse therin: wherby perpetuall loue and charity may euer hereafter raigne and remayne among thē for euer: Geuen at Paris the first day of September. an. 1329.

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MarginaliaThe Parliament conuened.At the day in the letters aboue specified, the prelates and Clergy assembled thēselues before the kyng at his palace in Paris, that is to witte: The L. Bituricen, the L. of Auxitan, the L. Turonen, the L. Rothom, and the L. Senon. all Archbishops: The L. Beluacen, the L. Cathalan. the L. Laudun. the L. of Paris. the L. Nouionon. the L. Carnoten. the L. Constan. the L. Andegauen. the L. Pictauen. the L. Melden. the L. of Cameracen. the L. of S. Fleri. the L. of Brioce. the L. of Cabilion. & the L. of Eduen, all Byshops. Where, after due reuerence done vnto the kynges grace, there sittyng in his owne person, with his Barons and counsell about him: MarginaliaL. Peter speakes in the Parliamēt.a certaine noble and wise person Lord Peter de Cugnerijs (beyng one of the kynges counsell) rose vp and openly in the Parliament house spake in the kynges behalfe on this wise, taking for his Theame. MarginaliaThe theame of his oration.Reddite quæ sunt Cesaris, Cesari, & quæ sunt Dei Deo: which is to say: giue and render vnto Cesar which is his, and vnto God which is Gods: MarginaliaThe oratiō deuided in two parts. Obedience to the kyngwhich he very artificially prosecuted and applyed, deuidyng it into two partes. First that obedience and reuerence is due vnto the kyng: MarginaliaDifference betwene the iuirisdiction of the state temporall & ecclesiasticall.Secōdly that there ought to be a difference betwene the iurisdictiō of the clergy and laitie, so that spirituall matters should be defined and ordered by the Prelates and spirituall men: and temporal causes ruled and determined by the king, his Barons, and temporall men. Which all he proued by many reasons both of fact and law, as more fully appeareth beneath in the aunswere of the Byshop of Eduen: finally he concluded, that the clergy ought onely to deale and haue to do with spirituall matters: in defence wherof, the kynges highnes would stand their good Lord and mainteiner. His oration beyng ended, he repeted certaine wordes in the Frēch toūg which imported that the kynges will and pleasure was in some pointes to renew the temporall state and iurisdiction: & therwith exhibited a certaine bill in Frēch, wherof also he gaue a copy to the Prelates, conteinyng certaine pointes and articles vnder written, the contentes whereof he affirmed not to apperteine to the order and iurisdictiō of the spiritualitie, but onely to the temporality: complainyng that the clergy had wrongfully proceded in the same. But notwithstandyng the premisses, and for all this his complaint, he sayd that the Prelates should haue tyme to consulte and deliberate thereupon with the kyng. The copy of which articles, with aunswere ensuyng vpon the same, and the greuances of the kingdome of Fraunce, wrought by the clergy, and exhibited to the kyng, hereafter foloweth.

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MarginaliaArticles in the parliament propounded, contaynying the iust complaints of the laitie against the clergie.
Causes reall.
1. First the cognition of causes reall, whether they touch possession or their proprietie or not, by common law apperteineth to the iurisdictiō temporall. But the Prelates with their officials to the end to infring the temporall iurisdictiō, take vpon them the determination of such causes reall, especially concernyng possession and all other interdictes.

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2. Item, when a temporall man is sued by any Clerke or spirituall man, for the possession of his land, obtainyng an adiornament of the secular power, in the cause of nouite or otherwise: The prelates officials stoppyng hereby the temporall iurisdictiō, at the instaūce of þe clerke calleth by proces before them, both the secular iudge and the partie, inhibiting them to procede any farther in the cause, vnder payne of excommunication and forfaiture of a certaine summe.

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3. Item, although the secular iudge haue the cognition of all lay mens matters (except in spirituall causes) yet wil the Byshops Officials at the instaunce of any partie, call such before them. And if the tēporall men do except agaynst their iurisdiction, alledgyng the incompitencie of the iudge, or els if they require the cause to be remitted to them (vnder whō they are) as the right iudges, yet doth the Officials refuse this to do, yea and by excommunication compell the parties to proceede before them.

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MarginaliaPrelates intermedie in temporall news matters.4. Item, the Byshops Officials at the instaunce of the clerkes, alledgyng þt they are iniuried in matters of inheritaunce by a lay man, call by proces the layte. And if it be alledged that those causes stande vpō realitie, beyng so in dede, and for that consideration the cause to be remitted to the tēporall law: This notwithstandyng the Officials prohibite them vnder payne of excommunication or some great forfet, nor to procede but before them.

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5. Item, the Byshops Officials take vpon them to heare the plea of such cōtractes as either be conceiued in writings or made by word of mouth in the temporall law: sēdyng out their monition of excommunication agaynst them that stand bound concernyng the same contractes.

6. Item, the Byshops and Prelates decree prouinciall counsels and Sinodal Statutes, enacting & ordering therin many thinges to the high and great preiudice of the temporall iurisdiction, wherein they ought to haue no cognition at all neither to intermeddle themselues therwith.

7. Item, the foresayd Officials take vpon them, before Notaries to sweare persons for performaūce of contractes and bargaynes (made by them in places vnder the iurisdiction temporall) concernyng the sale of inheritaunce or otherwise: incroching therby vpon their iurisdiction, whan verely they haue nothyng to do with any contractes and obligations, but with such as are made and agreed vpon within the compasse of their owne seat and iurisdiction.

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MarginaliaEx officio.8. Item, the sayd officialls of their meere office, call before them the laitie, to aunswere to such matters of correction as shalbe layde to their charge, the cognition whereof as they say doth appertayne to them. And when the sayd persons do appeare before them, and deny the crime obiected agaynst them: the Officials deteyne them and put them in prison, MarginaliaImprisonment pertaineth not to the clergie.although in such cases, they are to be released: & that imprisonment appertaineth onely to the temporall power, and not to them.

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Item, in the cases aforesayd, although by makyng of their purgations and other the proces, therein, they be found cleare of that which is layd to their charge and are acquitted: these yet the sayd officials will in no wise discharge and dismisse them before they haue to the vttermost payd for the writynges and proces in the behalfe, a good peece of money: when by law it ought to be done gratis and for nothyng.

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10. Item, it must not be forgotten to talke of þe sentence of excōmunication, which is decreed by vertue of one onely Citation, so often tymes as a man fayleth in his apperaunce.

11. Item, mention is to be made of those kynde of obligations De nisi. wherby a man is excommunicated by and by, if he make not payment at the day prefixed, although he be not able so to do.

12. Item, whosoeuer by vertue of excommunicatiō in the Bishops court is excommunicate, and he so excommunicate do not satisfie the summe due about the excommunication: by & by the summe is doubled: And the secular power charged by the Bishops or their officials, that they vnder payne of excommunication compell the excōmunicate by attaching their goodes to pay the sayd summe, and not to misse a iote: which monition if the laitie refuseth to put in executiō, they themselues are then excōmunicate and in no wise to be absolued before they disburse that money the which the principall excommunicate person should haue payd.

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13. Item, if the Baylyffes, Hedborowghes, or other the kynges officers and iudges of the temporallitie, receauyng the foresayd monitions do put the same in execution, & finde those that be excōmunicate to be beggerly & nothing worth: the sayd officers are bound at their owne proper costes and charges, to resort to the Byshops see or consistorie, wheresoeuer it is, & there to take a corporall othe, that the parties excōmunicate are nothyng worth. This if they fayle, those officers are sure to be excommunicate and thereby inforced to disburse the due of the first excommunicate persons.

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MarginaliaAction real personall.
No mā may appeale frō a spirituall iudge to the temporall law by the popes diuinitie
14. Item, if two lay men be in sute together before a temporall iudge about an action either reall or personall, and one of them after contestation of law and great proces therin, do appeale vnto an Ecclesiasticall iudge: he will presume then to deteyne before him the plea of such cases, and actiōs, both reall and personall, causing by vertue of his monitions & authoritie, the temporall iudge to cease and leaue of from medlyng therein: which if the secular iudge obeyeth not, he is pronounced excommunicate and compelled to make satisfaction: by occasions wherof, the temporall iurisdictiō is much annoyed, and cleane loseth the prerogatiue therof: because by law no man may appeale from a spirituall iudge to the temporall law.

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15. Item, if a lay mā inhabiter of any the kynges townes, procureth his debter, beyng also a lay man, to be arrested by vertue of secular iustice in that place: and he which is so arrested appealeth, and causeth also his crediter to be arrested, the officials will take vpon them to heare this matter: And if any thyng be attempted concerning the appeale, they misse not to demaund cost and satisfaction both of the iustice, and also of him to whom the arrest was made. And if any of the Princes retinue compelleth them to resist this iniury, they

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are