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
Critical Apparatus for this Page
None
Names and Places on this Page
Unavailable for this Edition
383 [382]

K. Edward.1. Articles against the Clergie.

are straightwayes pronounced excommunicate.

MarginaliaDeanes of the clergie16. Item, the sayd Byshops haue a number of Officials vnder them, whom they terme Deanes of the clergy, which vsually causeth all sortes of people through the kynges dominons onely by word of mouth to come afore them, & that sometyme without commission: whan that in euery dioces there ought onely to be but one seate or Consistory, wherin matters should be heard and decided. And hereby it happeneth diuers tymes, that many are wrongfully and without cause cited, & to the ende: that they may pay money inough, to ryd themselues therof: which is to the no small preiudice of the kynges Maiesties subiectes and the temporall iurisdiction.

[Back to Top]

17. Item, the sayd rulers of the clerkes, sealeth vp the houses of their clergy, which are situate in þe kynges townes and other of his noble mens villages, to the preiudice of the kynges Maiesties iurisdiction, and other of his nobilitie: for that in such kynde of places the Byshops haue no such kynde of iurisdiction.

[Back to Top]

MarginaliaMaryed clearkes.18. Item, the sayd prelates or their officials, do presume to seale vp the moueable goodes of maryed clerkes, and of marchauntes: where in such cases, the order therof appertaineth to the temporall law.

19. Item, they compell the laity to put in suerty to aunswere clerkes before them in the spiritual court, yea & chiefly the kynges owne seruitures.

20. Item, they presume to heare and haue the cognition of actions: which are reall or at least wise mixt, that is both reall and personall.

21. Item, the sayd prelates go about to haue cognition of such temporal mens matters as dwell in hospitals, almous houses, and the kings peculiars, and in villagies of his subiectes, although the plea therof apperteineth to the kyng himselfe, and his subiectes: forbiddyng vnder payne of excōmunication and great forfets, no mā so hardy to commence any sute agaynst any of them, but before thēselues in payne of a great summe of money.

[Back to Top]

22. Item, to the end the Clergy and Ecclesiasticall rule should be multiplied, they conferre a number of Tonsures to children vnder age, some of them beyng sonnes of bondmē, other some bastardes borne, yea and to many more maried folkes insufficient, vnable and vnlearned.

23. Itē, they do cause by the gouernours of their clerkes, widow women to be inforced and defiled, and will haue the discussyng therof: as in lyke maner, they will determine the matters of Pupilles, applyeng their goodes whē they dyed, as they do the goodes of them which dye intestate to their owne vse, the cognition wherof belongeth to the kyng hymselfe: because those kynde of persons with their goodes are ward to the kyng and vnder his tuition.

[Back to Top]

MarginaliaGynnes to get money24. Item, they procure through the sayd Deanes of the clergy of malice, temporall men of the kynges dominions or other where (without all order of law) to be apprehended: obiectyng agaynst them that they haue strayed from some article of the Christian fayth, & therewith shut them vp: when that their imprisonment appertaineth to the kyng, while they be conuicted therof.

[Back to Top]

25. Item, they exercise their iurisdiction in all places, hauing no regard, neither to the kynges peculiar townes nor yet to his subiectes: but runneth in euery hole, when by law they ought to haue no iurisdiction, without their owne limites and precinct.

26. Item, when these prelates or their officials by vertue of their monitions do charge the kyngs officers and his iustices to execute any thyng: if they do not performe that, which is prescribed vnto them, the forfet (which the monition containeth) is taken: yea and excommunication denounced. And this is a new inuention sprong vp of late amongst them, much to the preiudice of the kyng and hys subiectes.

[Back to Top]

27. Item, when the Byshops or their officials do prosecute a matter of office before themselues agaynst any temporall man, and haue no profe therof: They compell many of the laitie to be deposed therin what they know, hauyng no respect whether they be the kyngs burgesses, or no, or what they be, and yet will they not allow any charges & expenses for their paynes taken in that behalfe. But if they appeare not at their day, they are sure to be excommunicate,

[Back to Top]

28. Item, if malefactors be apprehended by any of the kynges iustices, and indicted of theft, and he (whose goodes they were which were stollen) commeth before the kynges Shrieffes and proueth them to be his, and therfore the matter to be ordered by them: if afterwardes the Byshops or their officiall affirme the sayd felon or malefactor to be a Clerke, they will be vertue of their decrees or monitions compell the kynges Shriefes to restore and bryng in the stollen goodes: and if they doe it not, they are pronounced excommunicated.

[Back to Top]

29. Item, if it happen the kynges Shrieffe or Bayliefe to take an offender for hys offence, and he affirmeth hymselfe to be a clerke: although he neuer tooke any kynde of tonsures or orders wearing no habite apperteining therunto. Yet the Byshops or their Officials will cause the deteyners of them by their censures to deliuer vnto them the sayd malefactors as their clerke.

[Back to Top]

30. Item, if it happen the kynges Shiriffe or other his iustices to take a theefe or murderer which beareth a clerkes marke and tonsure, and therfore deliuereth him to the clergy to be ordered: It shal not be long before he be acquited by them, although he afterward recognise his fact: yea & notwithstanding his fellowes and partners of that offence being mere temporall, receiued iustice for the same, and appearheth him therof. And so the like malefactors to be incouraged therby to commit after the like.

[Back to Top]

31. Item, if any complayneth and sayth that he is spoyled, by and by the Officials will decree a monition agaynst the spoyler: by vertue wherof, some one of the Deanes of the clergie shall monishe hym, to restore the thynges comprised in the monition, and also to minister him an othe whether he hath not spoyled the plaintife of such thynges, as he sayth he was spoyled of. But if he refuse to take an othe before hym, then the Deane will straightwayes seale vp the monition, and excommunicate him: and by no meanes shalbe absolued before he restore and satisfie the contentes in the monition, wherof the plaintif sayd first he was spoyled of.

[Back to Top]

32. Item, if any for his offence be cast into prison by the secular power, although at the tyme of his taking he ware temporall habite and was in no orders, but all the dayes of his life liued like a temporall man: yet if he shall auouch & vow hymselfe to be a clerke, to the entent to haue more expedition at the clergies handes, and to escape vnpunished: The clergie wil incontinent, geue to the laitie in commaundement to restore vnto them the malefactor, or els suspension to be denounced throughout the whole township where the sayd malefactor shalbe so imprisoned. And for auoyding the ieopardy which might arise of the sayd Seasement: the secular iudge of necessitie is compelled to deliuer them þe offender, MarginaliaResortum.to the great preiudice of the kynges temporall iurisdiction, to whom the cognition thereof might appertaine, in case of resort and prerogatiue.

[Back to Top]

33. Item, when any offender is deliuered by the temporall Maiestrates to the clergie, as their clerke: his frends will make sute to the Byshops Officials for him, and compounde with them: by reason wherof, they demisse them vnpunished and so do worse and worse, although theyr facte was neuer so notorious.

[Back to Top]

34. Item, so soone as any maryed clerke beyng a marchaunt, or of whatsoeuer other science he be of, for any hys offence by him committed, is called before the secular iudge: The sayd clerke obtayneth of the Officials a monitiō, bringyng with them some priest, who doth inhibite the secular iudge, vnder payne of one hundreth or CC. markes, yea & of excommunicaton to, not to proceede farther nor to meddle in such causes, and not to molest such parties neither in body nor in goods. But if the iudges obeieth not, they shalbe suspended from hearing of Masse in that place, although the matter concerneth the fact of marchaundise.

[Back to Top]

35. Item, the sayd Officials graunt citations wythout number agaynst the laitie in cases of warranties personally to ascite before them persons vnknowen. But if they be knowen, it is conteyned in the citation that in no wyse, & that vnder a great paine he cause hys aduersary to be called before a secular iudge, duryng the returne of the citatiō.

[Back to Top]

36. Item, when one is excommunicated in any place: the Officials graunt out personall citations agaynst them, whiche do participate and are conuersaunt wyth the excommunicate: causing a whole countrey by the space of 8. miles about to be cited together. And further the frends and acquaintaunce of the partie so excommunicate (sometyme by xl. some time three score, yea and sometime a hundreth at once) are compelled to make their purgatiō before them: that they do not participate nor keepe cōpany with their frendes the excommunicates. Wherby ensueth, that many honest olde and auncient men for auoyding of troubles and expenses do pay some xii. d. some ii. s. By occasion whereof, many vines are vnlooked to, much ground vntilled: yea and many good men constrayned to lay the key vnder the doore, and runne away.

[Back to Top]

37. Item, the sayd Officials do burden many persons of good name and fame, to be vsurers, whereby they are constrayned to agree with them, for auoyding the infamy, that thereby might ensue.

38. Item