VIII. barons, and divers other persons, ecclesiastical and temporal, hevemito sub-

scribed, and in the presence of us public notaries hereto subscriucd, esi)ccially called and required for this purpose, as is contained in the subscriptions hereto, the famous and noble, the lord Louis, s(m of F"rance^ and earl of Evreux, and Guy earl of St. Pol, and John earl of Drcux, and William de Plcsian, lord of (1) Uupiiy, Prcuveg, p. 101.— E». (2) See Biblio'li. des Sciences, v. " Enfans de France."— Ed
I'UOXKST OK WILLIAM DE PLESlAK. 597
Vezeiiobre, kniglit, — moved, as they said, witli a fervent faith, with affection French of sincere love and zeal of charity to be sliowed to the holy Romish church, ^'''""J- and having pity from their heart on their mother, the universal church, which, . i\ as they said, was dangerously oppressed luider the rule of the said lord ioq-j
Boniface, and sufi'ered outrageous defacing and loss ; and pitying the right 1-
faitli, in which standeth the salvation of souls, and which, alas ! for pity, in their times miserably pined away and perished through all Christendom for the lack of wholesome government of the church; and earnestly taking pains, as they said, for the repairing and enhancing of the catholic faith : especially, seeing it was necessary fur the same church, for the foundation of the faith, and the health of souls, that none sliould rule the fold of the Lord's flock, but the true and lawful shepherd, and also that, because the same church was the spouse of Christ tliat hath no spot or wrinkle, all error, offence, wickedness, and wrong should be put away from her, and that salvation, peace, and quietness, through God's mercy, might be procured to the whole world, which, they say, lieth in wars and darkness by the wicked deeds, cursed works, and hurtful examples of the said Boniface, — uttered and charged against the said Boniface (and the said William formally propounded and objected against him) heresy, and other divers horrible and accursed faults, wherein they aflirm him to be entangled and commonly and notoriously defamed, the said king himself being present with the archbishops, bishops, and other dignitaries and churchmen assembled, to treat of their own matters and the matters of their churches, besides the barons, earls, and other noblemen, whose names are hereto sub- scribed, they swearing on the holy gospels of God, which they corjiorally touched, that they believed and could prove all and every the premises to be true.
And the said William de Plesian swore further, that he believed he could prove the premises, and that he would pursue the matter to the uttermost against the said Boniface, in a general council or elsewhere, whenever and before whomsoever of right it ought to be done : requiring earnestly the said king, that, as a champion of the faith and defender of the church, for declaring of the truth hereof, to the praise of God's name, to the increase and promoting of the catholic faith, to the honour and wealth of the universal church and of all christian people, he would give his effectual help towards the assembling of the said general council, because in all such cases his royal house ever was a zealous maintainer of the truth, and that he would earnestly require the archbishops, bishops, and other prelates before-named, to cooperate. The earls and knights themselves also earnestly and often besought the said prelates, as true sons and pillars of the church, that they would effectually help forward the calling and assembling of the said council by all lawful means, according to the ordinances of the holy fathers and decrees of the canons. But when the prelates heard and fully understood the complaints aforesaid, con- sidering that such a matter was not only hard, but most hard, and needed mature deliberation, they departed out of the place.
But on the morrow, being Friday, the fourteenth day of the same month of June, in the presence of the aforesaid lord the king, and also of the lord archbishops, and of us public notaries hereto subscribed, being especially called and required for this purpose, the aforesaid William de Plesian, knight, said, propounded, affirmed, objected, and read, as was contained more fully in a certain paper which he held in his hand, whose tenor was after this sort :' —
I, William de Plesian, knight, say, propound, and affirm, that Boniface, Protest ot who now ruleth the apostolic see, is a rank heretic in regard of the heresies, wniiam outrageous deeds, and wicked doctrines, hereafter to be declared ; which things ^^^ '''''' I believe to be true, and such as I am able to prove (or at least so much of knight, them as shall suffice to prove him a rank heretic) at a convenient place and as-'-'""*' time, and before a lawful tribunal. I swear, then, on the gospels of God, corpo- noniface rally touched by me, that — "^'^'l-
1. He believeth not the immortality and incorruptibility of reasonable souls,
but thinketh, that there is no everlasting life, and that men cannot at length
attain joy, but that the whole lot and portion of comfort and gladness is in this
world: and consequently he atfirmeth, that it is no sin to pamper the body
(1) Diipuy, Prcuves, p. i02. Sec Appendix. — Ed.
l:iail
5i)8 PKOTEST or WILLIAM DE PLESIAN.
Frnch with all sorts of dainties. And out of tlie abundance of this leaven, he is not
fi"ii'i-y- ashamed opnnly to say and confess, that he had rather be a dog or an ass. or
. .^ any other brute beast, than a Frenchman ; which thing he would not have said,
'■ ., ■ if lie believed a Frenchman had a soul that could enjoy everlasting life. This
' thing he hath tauglit to many, who have acknowledged it at the point of death;
I'oi'e and he is commonlv tlius reported of in these things.
liad'ra" -• ^Iso, he beiicVeth not faithfully, that when the words ordained of Christ, ilier be a have been spoken over the host, after tlie fashion of the church, by a faithful I*"!:' '.''^y pi"iest lawfully ordained, the very body of Christ is there. Hence it cometh '^'"" '' to pass, that he giveth no reverence to it, no not a little, wlien it is lifted up by the priest ; yea, he riseth not to it, but turneth his back to it, and causeth himself to be more honoured, and his seat whereon he sitteth to be more em- bellished, than the altar where the host is consecrated ; and he is commonly reported to do this.
3. Also, he is reported to say, that whoredom is no sin, no more than nibbing of tlie hands together; and this is a matter of common talk and rumour.
•t. Also, he hath said often, that to thrust down the French king and people, if it could not be otherwise done, he would sacrifice himself, the whole world, and the whole church. And when he had said so, some that stood by said, " God forbid ;" he answered, " God grant." And when good men that heard his aforesaid words replied against him, that he should not say so, because the church of God and all Christian men would suffer great offence thereby, he answered, " I care not what offences come, so that the Frenchmen and their pride be destroyed ; for ' it must needs be that offences come.' "
5. item, when a certain book made by Master Arnold of Villa Nova, phy- sician, containing and savouring of heresy, had been reprobated, condemned, and burned by the bishop of Paris, and by the divines at Paris, and likewise bv Boniface himself openly and in the full consistory of cardinals, yet he recalled it and re-allowed it, being written again, and containing the same faults.
G. Item, that he might make the most damnable remembrance of himself perpetual, he caused silver images of himself to be set up in the churches, by this means leading men to idolatry.
7. Item, he hath a private devil, whose counsel he usetli in all things, and through all things. Whence he said once, that if all men were on one side, and he on the other, they could not deceive him neither in law nor in fact : wiiich thing could not be, except he had used a devilish art ; and this he is openly reported.
8. Item, he is a wizard, asking counsel of soothsayers both men and women ; and such he is commonly judged to be.
9. Item, he said openly, that the pope of Rome could not commit simon}-, which it is heretical to say. This is a sin reprobated as well in the Old Testa- ment as in the New, and in the holy general councils: wherefore he is wont to employ as his tool a certain usurer, named Simon, to make merchandise for him of the higher prelacies, dignities, and benefices of tlie church (to the which holy orders be specially and necessarily joined), and of absolutions and dispensations, like as usurers and merchants use to buy and sell worldly things in the market; and of this common rumour runneth against him.
10. Item, that peace which Christ bequeathed to his children as his special legacy, saying, " Peace 1 leave with you," he hindereth with all his mieht among christian men, and striveth to sow discord and wars. Wherefore once, when it was said before him that certain parties wished to come to a friendly agreement after a good sort, he prevented it, prohibiting the one party from granting peace, and when the other party did humbly beseech him that he would give license to the first to agree, he said he would not, and that if the Son of God or the apostle Peter were to come down to the earth and command him, he would say, " I will not obey thee."
11. Item, because the French nation (being manifestly a most christian nation) followeth not his errors in the faith, he reckonttli and openly calleth them, one and all, Patarenes ; using therein the manner of rank heretics, who say that themselves alone are the faithful church, but call the true followers of the orthodox faith Patarenes, because they keep aloof from their errors.
12. Item, he is addicted to the sin of Sodomy, and of this fault he is most commonly and openly report '.'d.
PllOTEST OF WILLIAM DE I'LESIAN. .^)90
13. Item, he Iiath caused and coiiinianded many murders of clerks to be French done in his presence, rejoicing at their death : and if they were not deadly m^i^ry. wounded at the first by his servants, he ordered them to be smitten again, . .. crying " Smite !" " smite !" by whicli means many have been slain. i^ri-i
14. Item, when he had condemned a certain nobleman to prison, he forbad !__LL
the sacrament to be given him at the point of deatli, he desiring it and being penitent, saying, " that the sacrament of penance did not appear to him neces- sary to salvation."
15. Item, he compelled certain priests to show unto him the confessions of men, and he afterwards published them o])eiily, contrary to the will of them that were confessed, to their shame and confusion, that he might com])el them to redeem their sins ; insonuich that once he deposed a certain bishop of Spain, for a certain privy horrible fault that he confessed under 'Bencdicite ' to a certain cardinal, which confession he compelled the cardinal against his will to reveal, and then published it ; and yet afterwards he restored the same bishop again to his place for a sum of money. Wherefore, he is thought to play the heretic in regard to the sacrament of penance.
16. Item, he fasteth not on the fasting-days, nor Lent, but without cause eateth flesh indifferently, and without cause suffereth his household and friends to eat, saying, " It is no sin :" doing in this thing against the general state of the holy church, and seeking craftily to overthrow it.
17. Item, he oppresseth and hath oppressed the order of the cardinals, and the orders of black and white monks, of Grey friars and Preachers, and hath said oft, " that the world was destroyed by them, and that they were false hypo- crites, and tluit good could never chance unto any that would be confessed to them, or who would be familiar with them, or wo\dd harbour them in their house:" and he never said good word of any prelate, religious man, or clerk, but ever rebuketh and slandereth them, taking away their good name ; and, that he may compel them to redeem their faidts, he is glad of accusations against them : and this is the common talk and report of him.
18. Item, of old time, he going about to destroy the faith, conceived a hate against tlie French king, even to the abhorring of the faith, because of the light of faith which is and ever was there, and because of the great witness and example of Christianity which is and ever hath been there. And he can be proved to have said before he had this see, that if he were pope, he would overthrow Christianitv itself, rather than not overthrow and destroy the nation, or (as he calleth it) the pride, of the French.
19. Also, it is reported that when the ambassadors of the king of England, in the name of the said king, did require and entreat for the tenth of the realm of England to be given him ; he answered, " That he would not give them the tenth but on this condition, that he would make war with tliem against the French king." And besides this, he is reported to have given great sums of money to certain persons, to cause that peace should not be betwixt the said kings. He himself, also, with all his might hath letted it, by messengers, letters, and other wa3's that he could, yea, by giving bribes.
20. Item, he is reported also to have promised Frederic, the present king of Sicily, that if he would betray king Charles, and break the peace which he made and swore that he would keep with him, and would stir against him, and kill the Frenchmen, that then he would give him aid, help, and counsel for that end ; and for so doing he would give and grant him the said kingdom.
21. He confirmed also the king of Almain to be emperor, and said openl}-, Pope that he did it to destroy the nation, or (as he calleth it) pride, of the French- lJo"'fa men, who said, tiiat they were subject to none m temporal thmgs ; wherem, to tlie saith he, they lied on their own heads : declaring, moreover, that whosoever Freinii- would say (yea, though it were an angel from heaven) that they wore not ™'^"- subject to the said king of Almain, he were accursed ; and yet he himself hath
often before said (though, in repeating it, I do not pretend that he said what was true), that the aforesaid emperor betrayed his master and had treacherously slain him, and that he was not worthy of the name of king, nor had been duly elected.
22. Further, he dissolved the agreements of peace between the said king of Pone Almain and the king of France, by which each was to preserve his own right; ^^^'^'if^^y and he is said to have enjoined them not to keep the oaths which had been to peace, solemnly sworn by the proctors of the king of Almain ; thus preventing the blessings of peace, and sowing the tares of discord between brethren.
600
French HUtory.
A.D.
1303.
Pope Boniface a mil. ier er of his predeces-
The pro- testation of Wil- liam of Plesiaiio.
Pope Boniface proved a heretic.
PROTEST OF WILMAM DK PLESIAX.
23. Item, it is openly reported, that the Holy Land was lost, and came to the enemies of God and" the failh, through his fault ; and that he suffered this, and denied to give aid to the Christians who defended it, for the nonst;' spending the treasures and money of the church, which, as the patrimony of Christ, shoidd have heen hcstowed for that use, in persecuting faithful Christians and friends of the church ; and therewith he would enrich his friends.
24. Item, he is openly reported to use simony, not only in bestowing of benefices, but in giving of orders, and making dispensations. He hath set to sale all benefices of the church, and bestoweth them commonly on him that would otTer most ; and he makcth the church and her prelates his servants and vassals, not for advancement of the faith, nor to thrust down infidels, but to oppress the faithful, and to enrich his kindred out of the church goods and with the patri- mony of Hiiu that was crucified ; and presumeth to make them marquises, earls, and "barons, and is not afraid to build them strong holds, rooting out and oppressing many noblemen of Rome, and others.
25. Item, it is commonly reported, that he hath, contrary to the Lord's precept, dissolved many marriages lawfully made, to the contemi)t, hurt, and slander of many : and he did promote his nephew to a cardinalship, being married, imlearned, and altogether unworthy, and notorious for his dissolute life ; and compelled his wife to make a vow of chastity, and is reported after that to have had two bastards by her himself; and so goeth the common rumour of him.
2G. Item, it is commonly reported, that he handled ungently his predecessor Celestine of holy memory, leading an holy life (peradventure knowing in his conscience that he could not forsake his popedoiu, and therefore that he himself could otherwise have no lawful entrance to the see), and imprisoned him, and there quickly and privily caused him to die : and of this the common rumour and report is through all the world. Moreover, he caused many great and learned men living as regulars (who discussed tlie point, whether Celestine could renounce the popedom or not) to be set in prison, and there to die.
27. Item, he is reported to have recalled religious persons, who were living as regulars, without a reasonable cause to the world, to the offence of many.
28. Item, he is reported to have said, that he would within short time make all the Frenchmen either martyrs, or apostates.
29. Item, it is commonly reported, that he sceketh not the health of the souls, but the destruction of them.
These things being propounded and read, the same William protested, said, declared, appealed, and added these words, reading them in writing.^
I, William de Plesian, knight, protest that I do not propound the aforesaid things for any special hate of Boniface himself (for I hate not him, but his aforesaid evil deeds), nor to injure or slander him or any one else, but of zeal for the faith, and for the devotion that I have to the holy church of God and the holy Roman see ; for the same causes, and no other, I speak it, when I say, I swear by the holy gospel of God, which I touch with my hand, that I believe him to be a perfect heretic ; and that I also believe that from the premises, and other things, so much may be proved against him as shall be sufficient, accord- ing to the statutes of the holy fathers, to prove him a heretic. I swear also, that I will pursue the aforesaid things against him to the uttermost of my power, in a general council to be assembled at a place that shall be safe and sure for me, to the honour of God and increase of the christian faith, saving in all things the right honour and state of the holy apostolic see. Wherefore, I earnestly and respectfully request you, my lord tlie king, to whom belongeth the defence of holy mother church and of the catholic faith, whereof ye shall render an account in the last judgment, and you, my lords the prelates, who he the pillars of the faith, and who ought to be judges of the aforesaid things, together with the other reverend fathers the catholic prelates of the holy church, who would attend a general council, that ye would procure and take diligent jiains that a general council may be gathered in a fit and safe place and con- venient time, before which the aforesaid things may be propounded, examined, and proved against the said Boniface, as is premised ; and I likewise earnestly
(1) " For the nonst," for the purpose; designedly ; " Opera data," Dupuy. — Ed,
(2) Dupuy, Prcnvcs, p. 106.— Ed.
APPEAL OF PHILIP THE FRENCH KING. 601
request you and my lord the king, that ye would require, and effectually induce French the prelates, present or absent, in what country soever they be, to whom History. it pertaineth manfully to labour and to require others faithfully to do the same, . 7T that the aforesaid council may be gathered for the aforesaid matters in such sort i on./ as may be agreed. And because, so long as the matter is pending, I suspect __ — 1_ Boniface himself, lest he, being angry and moved for the aforesaid things, should in any way proceed, or attem])t to proceed, against me and my partakers, proctors, and helpers, friends and familiars, and my goods and theirs; therefore, by these •writings before you, my lord the king and my lords the prelates, and you the public notaries, I herein person refer and appeal to the said holy general council to be assembled, and to the apostolic catholic pope that is to be and to the holy apostolic see, and to him and them to uliom of right I may or ought to appeal ; and I earnestly request once, twice, and thrice, that letters dimissory^ and testi- jTionial may be granted me from you ; putting myself, my followers, favourers, familiars, friends, proctors, and all that shall hereafter adhere to me, and my goods and theirs, under the protection and keeping of St. Peter and St. Paul, and of the said holy general council to be assembled, and of the apostolic catholic pope that is to be, and of the holy Roman see ; sticking nevertheless, and willing to stick, to the appeal and appeals, process and processes, made hereupon by the noble man Master William de Nogaret, knight, so far as they shall be found to have been made lawfully, and yet not forsaking this present appeal.
When these things were tluis read and done, the king answered and required the prelates, making request, provocation, and appel- lation, as is contained in the paper underwritten, which was read there and then in the presence and a idience of him, the prelates, and others underwritten, the tenor whereof is as followeth :'■* —
We, Philip, by the grace of God king of France, hearing and understanding ^he the objections propounded by William de Plesiano, knight, and previously by king's an- our beloved and faithful William de Nogaret, knight, against Boniface, now fj^g^a'peaj having the regiment of the Roman church : although we would gladly of Pliiiip, cover with our cloak the shame of an ordinary father ; yet for our love of theFrench the catholic faith and the great devotion that we bear to the holy Roman fro"m'the and universal church, mother of us and of all the faithful, and the spouse pope, of Christ, following the footsteps of our ancestors who hesitated not to shed their blood for the increase and defence of the church's liberty and the faith, and coveting to provide for the purity of the faith and state of the church, as also to prevent the mischief of a general slander; being not able to connive at the premises any longer, seeing the estimate and opinion of him in these matters is vehemently and plainly increased by many and con- tinual clamours repeatedly inculcated upon us by men of credit and great authority ; fearing moreover lest in the evident decay of the faith, some others, but especially we the kings and princes of the earth, who acknowledge that we received our power from the Lord expressly for the promotion and increase of it, may justly be charged with negligence ; we agree to your i-equests in this behalf, and we be ready and offer ourselves gladly, as much as in us lieth, to bestow our labour and diligent pains for the calling of the said council, for the glory of God (saving in all things the honour and reverence due to the holy Ptoinan church), in order that the truth may appear in the premises and all error be avoided ; that the state of the universal church and of Christianity, and the interests of the faith and of the holy land may be consulted, and that the slanders and jeopardies hanging over us may be obviated: and we earnestly require and beseech, in the merciful bowels of Jesus Christ, you the arch- bishops, bishops, and other prelates here present, as sons of the church and pillars of the faith, who are called of the Lord to a share of the burthen of promoting and preserving that faith, that with all diligence ye would give heed as becometh you, and effectually labour by all fit ways and means, to the calling and assembling of this council, at which we intend to be personally Jire- sent. And lest the said Boniface, who hath boldly and wrongfully threatened to proceed against us, should, in his anxiety to prevent any of his works of daik- (1; " Apostolos."— Eu. (2) Dupuy, Preuves, p. 10".— Ed.
602 I'llOTKST or TllK FUI'.NCII PRELA'IT.S.
rrench iiess (if any such there be) from coming to light, by directly or indirectly
Hiatory. hindering the calling and gathering of this council, actually proceed a
A r\ or our state, churches, prelates, barons, and other our faithful vassals and sub-
j. ,',).>' jects, or against our or tlieir goods, or our realm, or the state of the realm,
— '- — '— abusing the spiritual sword, by exconuiiunicating and suspending, or by any
other means ; tlierefore, for ourselves and our well wishers, and any who may
hereafter adhere to us, we refer and a})peal in writing to the aforesaid general
council, which we desire instantly to be called, and to the lawful jjope that shall
be, and to any others to whom we should appeal ; and yet not departing from
the appeal made by William de Nogaret, to which we adhered then and also
yet aiUiere, requiring earnestly a witness of our appeal from you, the prelates
and notaries, exj)ressly engaging to renew such reference and appeal, when
and belbre whom it shall appear to us meet.
Then the archbishops, bishops, abbots, and priors, within written, answered the ])reniises (as it is found in the acts), and made provo- cation and appellation, agreement and protestation, as is contained more fully in a certain paper there openly and plainly read, whose tenor followeth, with these Avords :' —
The pro- "We, the archbishops of Nicosia in Cyprus, Rheims, Sens, Narbonne, and Tours ; oMhe"" ^"^ *''^ bishops of Laon, Beauvais, Chalons sur Marnc, Auxerre, Meaux, Nevers, prelates. Chartres, Orleans, Amiens, Terouenne, Scnlis, Angers, Avranches, Coutances, Evreux, I we, the abbots of Clugny, Premontre, Marmoutier, Citeaux, St. Denis in France, Compicgne, St. Cenevieve at Paris, St. Martin de Laon, I'igeac, and Beaulieu in Limousin ; friar Hugh,visitor of thehousesof the order of Knights Templars; and we, the priors of St. John of Jerusalem in France, and of St. Martin des Champs at Paris ; — having heard those things which were said, propounded, and objected yesterday and to-day by you the noble earls, and William aforesaid, against the lord pope Boniface VIIL; beingmoved with your sayings, propositions, asser- tions, oaths, and requests, and by other lawful causes, j'ea compelled b}- a sort of necessity, considering that the matter of our faith, which is the christian faith, is touched in the premises : we that be called to a part of this care for tlie defence and maintenance of the faith, and the guidance of the souls of the realm, altliough unworthy, jet coveting to withstand the jeopardies that hang over us by reason of the premises and other causes, and thinking the calling and assembling of the said council profitable and necessary, that the innocence of the lord Boniface himself may clearly appear, as in our consciences we desire it may ; or that it may be discussed, settled, and done, by the council, touching such things as are laid against him, according to the decrees of the holy canons, — answer you our lord the king, and j'ou om- lords the earls and William, that (saving in all things the honour and reverence due to the holy church) we agree to your requests in this behalf, for the calling of the said council, and are ready to give help and diligent labour to the calling and assembling of the said council, according to the decrees of the holy fathers, and the canonical orders, not intending by any means to make parties of this matter, nor to adhere to any that make parties.
Yet, lest the said Boniface, being moved or provoked by these things (as we
fear he may be, from likely conjectures and threatenings thrown out by him of
j)roceeding against us for the aforesaid things), should in any way proceed, or
cause proceedings to be taken, against us, our churches, our clergy, and our
subjects, on his own or any other authoritj-, by excommunication, suspension,
interdict, deposing, depriving, or under any other means, and under whatever
The colom-, to the preventing or embarrassing the said council ; and that we may
p*.'"'!Jf "'^ sit in the said council to judge, and may do all other things that belong to the
apiK-ai olHce of prelates; and that our state and that of all who adhere or shall adhere
from pope to us may remain in all reqiects safe; for ourselves, our churches, our clergy^
t^°a Rene- °"'" subjects, and those who adhere, or may adhere, to us in this behalf, we refer
raltouii- and appeal in writing to the aforesaid council that is to be assembled, and to
^'^- the true and lawful pope that is to be, and to him or them to whom of right we
(1) Dupiiy, Preuvcs, p. 108.— Ed.
ANOTHKU P.AKLIAMKN'T SU.MMOXED BV PHILIP. 60S
should appeal, and earnestly require letters of protection from you, and we French commit ourselves, our churches, om- clergy, our subjects, friends, and adherents, Nisionj. and our state, rights, and goods, and theirs, to the godly protection of the afore- . .7"~ said council, and of the true and lawful pope that is to be; and we pledge -lono
ourselves to renew this appeal, where, when, and before whom it shall seem to !_1.
us meet.
Done at Paris, at the Louvre, in the chamber of our said lord the king, the year, indiction, month, the Thursday and Friday, and year of the pontilicate, aforesaid; there being present the noble earls of Anjou, Boulogne, Dammartin, and otli.er earls above named ; Matthew de Trie, Peter lord de Chambly, Peter lord de VVirmes, and Hugh de Boville, knts. ; likewise Messieurs Steplieu, arch- deacon of Bruges, Nicliohis archdeacon of llheims, William treasurer of Angers, Peter de Belle Perche, Reginald Barbou, and Jolin de Montaigne, and soni« others both clerks and laymen, specially called and requested to be witnesses hereto.
These things thus discoursed and done, the king summoneth another parliament, sending down his letters to his sheriffs and other officers, to summon the prelates and barons of the realm unto the said court of parliament, according to the tenor of the king's letters here following :* —
Philip, by tlie grace of God king of France, &c. Whereas we would take Another counsel with the prelates, barons, and other our faithful subjects, about weighty P^y'"''- matters and hard, and sucii as belong greatly to our right, and touching our sum- honour and state, and the liberties and laws of this our realm, churches, and moned ecclesiastical persons, and would also go forward and proceed in the aforesaid phj^J"^, matters according to their counsel : we command you, that ye diligently in our Paris, behalf require and straitly charge all the prelates in your bailiwick, and also all and singular abbots and priors of the same your aforesaid bailiwick (to cer- tain of whom we have directed down our special letters for the same cause), that, as they favour our honour, and the good estate both of the realm, of themselves, and of the church, they repair to us in their own persons, all lets and delays set aside, and ail other business left off: sliouing to them, moreover, that we can judge none of them to be either to us faithful subjects or friends to the realm, who shall fail herein, or withdraw themselves in the aforesaid business, counsels, and helps in time. Wherein if peradventure any shall slack, or refuse to resort and come toward us within eight days from the time of this charo'e given by you, or your commandment ; then we require you to seize all his temporal goods into your hand, and so seized to hold them until you receive other commandment from us. — Given at Paris, the Monday before the Nativity of St. John Baptist, a.d. 1303.
Accordingly,^ on the Monday following, being the feast of St. John the Baptist/ a ])arliament of all the estates of the realm of P^ ranee assembled in the king's garden at Paris, at which a vast multitude of his faithful subjects were present ; when the articles, denunciations, protestations, and appeals, contained in the foregoing writings, were publicly read, and unanimously assented to ; to the like effect whereof instruments, signed and sealed, to the number of seven hundred and more, were afterwards sent to the king from all parts of France, agreeing to all things in the aforesaid parliament concluded.
After these things, the day before the nativity of our Lady, an army pope of harnessed soldiers well appointed, sent {)artly by the French king ^"^'Jgel ])artlv by the cardinals of Colonna, whom the pope before had deposed, came suddenly to the gates of Anagni, Avhither the pope had taken refuge, because he was born in that town. The captains of this army
(Ij See Appendix. 'lii Il)ia. (3) According to Nicholas's Tables.- ICd.
^)04' POPE BOXIKACK BESIEGKD AT ANAGXI.
French wcre oiic Scliiarra, brotlicr to the aforesaid cardinals, and tlic bcfore- "''"^' mcntir)ncd William dc Nogaret, liigli-steward to tlic French king ; A. I), who, finding the gates open, entered the town, and assaulted the _L?^"_ pope's palace, the palace of his nephew, a martpiis, and those of three cardinals. And first, setting upon the palaces of the three cardinals, Avho were then chief about the pope, they rifleil and spoiled all their goods. The cardinals, by a back door, hardly avoided their hands : but the pope's and the marquis's palaces, through the valour of their household servants, were somewhat better defended. The townsmen, seeing all their intent and strength to be bent against the pope, caused the eonunon bell to be rung, and so, assembling themselves in a common council, ordained Adolphus, one of the chiefest lords in the Campagna di Koma, for their captain in this emergency, who, unknown to them, was a great adversary to the pope. This Adolphus bringing with him Reginald de Supine, another great lord in the Campagna and a great enemy to the pope, and the two sons of .lohn de Chitan, a nobleman whom the pope had then in prison; at length joined he with the French company against the pope, and so beset his and the marquis's palaces on every side. At length the pope, perceiving himself not able to make his party good, desired truce with Scliiarra and his company, Avhich was granted from one o''clock till nine. During this time of truce, the pope privily sendeth to the townsmen of Anagni, desiring them to save his life; which if they would do, he promised so to enrich them, that they should all have cause never to forget or repent their benefit bestowed. To this they made answer, excusing themselves, that it lay not in their ability to do him any good, for that the whole power of the town was with the Pope captain. Then the pope, all destitute and desolate, sendeth unto brough? Schiarra, beseeching him to signify the points, wherein he and his toastrait. Ijrcthrcu had been wronged, and he would make him amends to the uttermost. Schiarra to this maketh a plain answer, signifying to him again, that he should in nowise escape with his life, except upon Three tlicsc thrcc Conditions : — First, fully to restore again, both to their tim.t'putj temporal and spiritual rights and privileges, the two cardinals, Peter to him. jj,^f| James de Colonna, his brethren, whom he had before deprived, with all others of their stock and kindred ; secondly, that, after their restitution, he should renounce his papacy ; thirdly, that his body should remain in his poAver and custody. These articles seemed to the pope so hard, that in no case he would agree to them ; wherefore, the time of truce expired, Schiarra with his army again assaulted Heremayboth the popc and his nephew, who manfully resisted. At length, i.ythe^* the soldiers fired the gates of the church, which was hard by the kinc*^'' pope's palace; whereby the array, having a full entrance, fell to learn.how riflc aud spoil thc church. At length the marquis, despairing of thepope!^ being able to hold out, on condition of saving his life and that of his son yieldeth him to the hands of Schiarra and the other captain ; which when the pope heard, he wept bitterly. After this, through windows and doors with much ado they brast in at length to the pope, whom they treated with words and threats accordingly. But lie held his peace. Upon this, he was put to his choice, whether he would presently surrender his life, or give over his papacy. But this he stiffly denied to do, choosing rather to die for it, saying to
THK POPk's pride PLUCKED UOUK. 00-5
tlicin in his vulgar tongue, " Ecco il collo, Ecco il ca])o ;" Uiat is, French " Lo 1 here my neck, lo ! liere my head ;" protesting that he woukl "''"^^' never while he lived renounce liis popedom. Then Schiarra went A. D. about and was ready to slay liim, but by certain that were about ^^^■'^- him he was stayed ; whereby it happened that the pope received noniface no bodily harm, although divers of his servants were slain. The ^atheTto soldiers, who ranged in the mean time through all corners of the die, ti.an pope's house, did lade themselves with such treasure of gold, silver, over his plate, vestments, and ornaments, that the words of my author J|.'^^J^'^°|]^" (whom I follow) do thus express it ; ' " It is verily believed, that all cessive the kings of the earth together were not able to disburse so much ofTh"'^*' out of their treasure in a whole year, as then was taken and carried '"'P'-*'^
11% "^ . liouse
out ot the popes palace, and out of the palaces of the three cardinals "oted. and of the marquis." Thus Boniface, bereaved of all his goods, remained in their custody three days, during the which space they set a pretty him on a wild unbroken horse, his face turned to the tail, causing the ''^'"iii"'!?
. ' ' o of the
liorse to run and course, while the pope was almost breathless. More- pope, over, they kept him so without meat, that he was thereby near famished to death. On the third day, the iVnagnians secretly mustering them- selves together, to the number of ten thousand, brast into the palace The pope where the pope was kept, and slaying the keepers delivered the pope out'or*^'' by strong hand, who then, being brought into the middle of the toAvn, prison, gave thanks with weeping tears to God and the people for his life saved ; promising, moreover, forasmuch as he was out of all his goods, and had had neither bread nor drink to put in his mouth all the mean time, God''s blessing and his to any good woman that now would relieve him with any thing either to eat or drink, and absolution from all their sins to any who would bring him ever so little for his support. And here now to see what poverty and affliction can work in a man : ^yj^^j the pope before, in all his pomp and most ruffling wealth, was never poverty so proud, but now he was as humble and lowly, so that every poor tion can simple man, as mine author testifieth, might have a bold and free pu,cking^ access to his person, and talk with him as with any other poor man. To make the story short, the pope in that great distress of famine man. was not so greedy of their victuals, as they were greedy of his blessing. AVhereupon, the women came so thick, some with bread, some with wine, some with water, some with meat, some with one thing, some with another, that the pope's chamber was too little to receive the offering; insomuch that when there lacked cups to receive the wine, they poured it down on the chamber floor, not regarding the loss of wine, to win the pope"'s holy blessing. Thus pope Boniface being refreshed by the town of Anagni, took his journey from thence accompanied with a great multitude of harnessed soldiers to Rome, where he shortly upon the same, partly for the fear he was in, partly for starvation while under custody, partly for sorrow of so inestimable Pope a treasure lost, died. After whom succeeded Benedict XL, of whom xi"^ "^ these verses are written :
" A re nomen habens, benedic, benefac, Benedicte : Aut rem pervertens, maledic, malefac, Maledicte."
And thus have ye the whole story of pope Boniface VIII., author of the Sixth Book of the Decretals, which story I thought the more
(1) " Et reverb creditur, quod omnes reses mundi non possent fantum de thesauro reddere infra uniim annum, quantum fuit de papali palatio asportatuiu, et de palntii.s trium cardinalium, et niarcliionis." — Ex Robert Avesb. [found also in Tli. Walsingham's history, from which this whole paragraph has been revised and corrected. — Ed.]
006
Tine I'OPJ; S r.XKMPTIONS AGAINST TIIV. KIXG.
iCdtcarjj. diligciUlv to sct fortli, tliat all tlic Tiiitin cliurcli might see what an jt^ J) author he was, whose laws and decretals so devoutly thev follow.
Now, after the long debating of this matter between the French
king and pope lionifaee, let us proceed in our English story.'
The king \\'ilh Robert Winchclsey, archbishop of Canterbury, above-men-
w!th''two tioned, the king had like variance as with his predecessor, and accused
bisho 8 ^''"^ *^" ^'^^ P'^1"'' ^^^ breaking of peace, and taking part with them that
of Canter- rebelled against the king about usages and liberties of the realm.
''"'^^ Wherefore, the king, being cited up to the court of Rome and there
suspended by means of the said archbishop, directed his letters again to
the pope, the contents whereof here follow in substance, taken out of
the parliament rolls, where I find divers letters of the king to pope
Clement against the said Robert, archbishop of Canterburv. And as
this king was troubled in his time with both the archbishops, John
Peckham and also Robert Winchelscy; so it happened to all other
kings for the most part from the time of Lanfrane (tliat is, from pope
Hildebrand), that every king in his time had some business or other
Kings of with that see. As William Rufus and Henry I. were troubled with
common- Ansclm ; Henry II. with Thomas Becket ; king Richard and all
biedwTth England with VVilliam, bishop of Ely, the pope's legate; king .lohn
archbps. with Stephen Langton ; king Henry HI. with Edmund the arch-
bu^>^" ^^ bishop called St. Edmund ;* likewise this king Edward I. with John
The Peckham and Robert Winchelsey aforesaid : and so other kinjrs after
church of ■,■■■• , I'lii ii
Komearui liim witli sonic prelate Or other: wliereby vc have to understand,
prXus Jj^^^ ^"fl about what time the church of Rome, which beforetime was
*'''. , subject to kings and princes, began first to take head above and against
kings and Kmgs and rulcrs, and so liatli ke])t it ever smce.
inq"Isi- Among other things in this king to be noted, this is not to be
ton made passcd ovcr ; that where complaint was made to him of his officers,
ruiers^nd ^s justiccs, mavors, sheriffs, bailiffs, esehetors, and such other, who,
cer?,°'^" abusing their offices, extortioned and oppressed the king's liege people
A^o'isos' "'"''^^^^'^^^ ^^^^^ ^^'^s according to right and conscience ; the said king,
Kyraer.] not Suffering such misorder to be unpunished, did ajjpoint certain
justices or inquisitors, to the number of twelve, mIucIi inquisition was
Traiiba- Called ' Tralbastou,' or ' Trailbastoun ;' by mean of whicli inquisition
divers false officers were accused, and such as were offenders were
either removed from their place, or forced to buy again their office at
the king's hand ; to their no small loss, and great gain to the king,
and much profit to the commonwealth.
In the chronicle of Robert Avesbury^ it is recorded of the said king, that he being at Aniesbury to see his mother, who was then in that monastery professed, there was a certain man who feigned him- self blind a long time brought to the presence of the said Elenor the AfaUe king's mother, saying how that he had his sight again restored at the wciihiiied tomb of king Henry, her late husband, insomuch that she was easily u.c kfng. persuaded that the miracle was very true. But king Edward, her son, knowing the man a long time to be a vile dissembler and a wicked person, used to lying and crafty deceiving, dissuaded his mother not to give credit to the vile vagabond, declaring that he knew so well the justice of his father, that if he were alive, he would twice rather ]>liuk out both his eyes, than once restore him one. Notwithstanding, the queen his mother, remaining still in her former fond persuasion,
(I) Seesupri, p 578, note.— Ed. (2) Polychron. lib. vii. (3) Tx Chron. Rob. Avesb.
POPE CLEMENT V. CROWXKll. 607
■would hear or believe notliing to the contrary, but was so in anger Edwardi. with her son, that she bid him depart her chamber ; and so he did. ^ j^ By the example whereof may easily be conceived, how and alter what i;506. sort these blind miracles in those days and since have come up among the blind and superstitious people ; for had not the king here been wiser than the mother, no doubt but this would have been rung a miracle, and percasc king Henry been made a saint.
But as this was a feigned miracle and false no doubt, so in the a ime same author we read of another manner of miracle, sounding more '""■^'^^• near the truth, and so miicli the more likely, for that it served to the conversion unto christian faith, to which use properly all true miracles do appertain. The miracle was this : In the last year of this king's victory reign, Cassanus, king of the Tartars (of whom come those whom ^j'e'sa'a- we now call Turks) lighting against the Soldan, king of the Sara- '^^"^ cens, in the plain of Damascus, slew of them a hundred thousand ; and again at Babylon, fighting with the said Soldan, he slew him in the field, and two hundred thousand of his Saracens, calling upon the help of Christ, and thereupon became Christian. This Cas- sanus, I say, had a brother a pagan, who being in love with the daughter of the king of Armenia, a christian woman, desired of her father to maiTV with her. Whereunto the king her father would not agree, unless he promised to be a Christian. Notwithstanding, the other being stronger in power, and threatening to get her by war, the king at length was forced to agree. In conclusion, it happened that the child being born betwixt them was overgrown and all rough with hair, like to the skin of a bear. Which child being brought to the father, he commanded it to be thrown into the fire and burned ; but the mother desiring first to have it baptized, caused all things thereunto to be prepared. The infant being three times in water plunged, afcer the sacrament of holy baptism received incontinent was altered and turned from all his hairy roughness, and appeared as fair and smooth-skinned as any other ; the which thing after the fatlier saw and beheld, he was christened himself, and all his house. ^
In the reign of tliis king Edward lived Henry de Gandavo, Arnold de Villa Nova, Dante, and otiier more : also Seotus, called Duns, who, in his fourth book of Sentences, dist. 18, complaineth of the abuse of excommunication and of the pope's keys : " Whereas before, excom- munication was not used but upon great and just causes, and therefore was feared ; now," saith he, " it is brought forth for every trifling matter, as for not paying the priest's wages, &c. and there- fore,"" saith he, " it groweth into contempt." ^
After pope Benedict XL above mentioned succeeded pope Cle- The ment V., who in March A. b. 1309 translated the pope''s court to r,Xt* Avignon in France, where it remained the term of seventv vears t""siated
o " ^ ^ , ' , ' . to Francr.
after. At the coronation of this Clement were present Philip king of France, Charles his son, and John duke of Brotagne, with a great slaughter number of other men of state and nobdity ; at which coronation, gjf'^g'" they being in the middle of the pomp or procession, a great wall pope's broke down and fell upon them, by the fall whereof duke John and tion. twelve others were slain, king Philip was hurt and wounded, and the Emperor pope being struck from his horse, lost out from the mitre upon his ro°r.uni'c'ss head a carbuncle, esteemed to the value of six thousand florins.^ By by'ihT *"* this Clement it was ordained that the emperor, though he might be pope.
(1) See Walsingham, a.d. 1301, 1307. (2) Platina de Vit. Pont. (3) Illyricus, col. 1GG5.
608
■Jlir. ItO.MAN AND CRKCIAN CHURCHKS.
J'-dwardi. called king of tlif Ho.nans, might not enjoy the title and right of the A. D. ^^"^pe''"^ before he was by him confirmed ; and that the emperor's 1306. seat being vacant, the pope should reign as emperor, till a new The Tern- piars put time were too abonnnable to be borne, was put down at the council of The feast VicHHc (a.i). 1312), as hereafter (Christ willing) shall be declared. chn"t?"' y^^ ''^^^" ordained and confirmed the feast of Corpus Christi, assigning Septimus indulgences to such as heard the service thereof; and as pope Boni- '' face before heaped up the book of Decretals, called ' Sextus Decre-
Decreta-
l.UITI,
Jlllt 1,11 — — ^^^»w
Med taluim, so this Clement compiled the seventh book of the Decretals, riemrn- callcd from the same Clement ' The Clementines.' In the time of
tines.
iienr- ^^''^pf^pp, tlicempcror Henry VII. was poisoned in receiving the vTi. sacrament by a false dissembling monk called Bernard, that feigned pinioned liiiiiself to be his familiar friend ; which was thought to be done not •".the without the consent of the pope's legate. The emperor, perceiving AuR.'24, himself poisoned, warned him to flee and escape, for else the Germans A.D.1313. y:Q^\^\ certainly slay him ; who although he escaped himself, yet
divers of his order after that with fire and sword were slain.'
r^ieoio- As this pope Clement Y. had now well provided, as ye have heard,
peror™" agaiust the empire of Rome to bring it under his girdle, insomuch
finopie?" t^''^^ 'without the pope's benediction no emperor might take the state
muni"" "l^°" ^""^' ^^^ ""^^^ proceeded further to intermeddle with the empire
cated of Constantinople. He began by exercising his tyranny and power
hisad" of excommunication against Andronicus Paleologus, emperor of
b^pope Constantinople, a. d. 1,30G, declaring him to be a schismatic and
Clement, licrctic, bccausc lic neither would nor durst suffer the Grecians to
suffering J^f^l^c their appeal from the Greek church to the pope, neither would
cl'ans to' acknowledge him for his superior. By this it may appear, that the
appeal to Grcck church did not admit the pope's superiority as yet, nor at
A.T?306. any time before ; save only about the time of j)op'c Innocent III.,
^°lc\\ce ^'^' ^^^^' ^^ ^liich time the Frenchmen with their captain Baldwin,
oniieRo- carl of Flanders, joining together with the Venetians, were set
.n.>h pre- against the Grecians to restore Alexis to his right of the empire of
Constantinople, upon condition, as writeth Platina,' to subdue the
Greek church under the church of Rome. This Alexis being restored
and shortly after slain, the empire came to the Frenchmen, a.d.1?04,
with whom it remained the space of seventy years, till the coming
of Michael Paleologus, who (in the days of pope Gregory IX.) restored
the empire from the Frenchmen unto its pristine state again, a. d.
and'how ^^'' ^" .l^"ring all this time of the French emperors the Greek church
Gre'ek'"' ^^^^ subjcct to Romc, as by the Decretals of pope Gregory IX. may
church appear. Then followed after this, that the aforesaid Michael, erape-
JeTxlT' ^^^ of Constantinople, being called up to a council at Lyons by pope
Rome. Gregory X. about the controversy of the proceeding "of the Holy
Ghost (as is above specified) and obedience to the church of Rome ;
because the said Michael the emperor did there submit himself and
the Grecians to the subjection of Rome, as testifieth Baptist Egnat,
he thereby procured to himself such grudge and hatred among the
Greek monks and priests, that after his death they denied him the
due honour and ])lace of burial.'' The son of 'this Michael was
Andronicus Paleologus above mentioned, who, as ye have heard
before, because he was constrained by the Grecians not to admit any
appeal to the Bishop of Rome, was accursed by the pope's censures
(l; See Appendix. (2) Platina, Vit. Innocentii. (3) Ex Baptist. Egnatio. Rotn. Princ. lib 7.
actions aiii-
FIRST FRUITS DKNIED TO THE POPE. 609
as a heretic. Whereby it appeareth, that the Grecians, recovering Edwardi their state again, refused all subjection at this time to the church of a. D. Rome, which was a.d. 1306. After this Clement V. followed pope i;{07. John XX II., with whom Louis IV., emperor, had much trouble ^^ {a.d. 1328). After whom next in course succeeded pope Benedict ^^^^\ XII., Avhich Benedict on a time, being desired to make certain new denitth cardinals, to this answered again, that he would gladly so do, if he also tk)ntothe could make a new world ; " For this world," said he, " is for these jl'J'^g"'' cardinals that be made already."' And thus much of the popes : now to return a little back to the king's story again.
In the year of our Lord 1307,^ which was the thirty-fifth of the reign The of this king, on the octaves of St. Hilary [.Jan. 20th], the king kept a p°^^ parliament at Carlisle, where great complaints were brought in by the compUi nobles and ancients of the realm, concerning tne manifold and into- pariia- lerable oppressions of churches and monasteries, and exactions of™^'"' money, by the pope''s legate William Testa (otherwise termed ' Mala Testa') lately brought into the realm of England. The coming of which William Testa was upon this occasion, as foUoweth : pope Clement, (who, as ye heard before, had translated his court from Rome into France, where he had been archbishop before), because he con- temned to come and remain at his own see, the princes of Rome thought him therefore unworthy to enjoy Peter's patrimony ; and so by that means falling into bareness and poverty, he lived only on the money of such bishops as came to him to be confirmed, and with such other shifts and gifts ; so that by this means, partly of bishops and other religious men and persons, partly under the name of courtesy and benevolence, partly under the pretence of borrowing, he had within the first year nine thousand and five hundred marks of silver; The all his other charges and expenses, which he largely that year bestowed, being clearly borne."" ^ Besides this, lie sent moreover the aforesaid ""ejear. legate, William Testa, into England with his bulls, in the which he po'ife's reserved the first fruits of the first year of all churches being vacant ^^nt'^n,,, at any time or by any man, within the realms of England, Scotland, E.igiana. Wales, and Ireland, and also the fruits of abbeys and priories within fruUsfirsi the said realms, &c. Whereupon, the king with his nobles, seeing brought the inconvenience and harm thereof ensuing to the whole realm, in pope, the aforesaid parliament, hoiden at Carlisle, withstood the said legate, |^i"^^^,.j charfiintr and commandino: him bv the assent of the earls and barons, with- that henceforth he should abstain from all such exactions ; and, as t)ie pope concerning his lord the pope, he would direct certain his messengers fJL'ite!^ unto him, purposely for the same matter appointed : by the which ambassadors the king wrote unto the aforesaid pope, declaring and admonishing the pope, as right and reason was, that he should not Fii«t exact the first fruits of the churches and abbeys, by his predecessors ai.beyg and noblemen of the land founded for the honour and maintenance of ti^" pope? God's service, for alms and hospitality ; which otherwise, in so doing, should all be overthrown. And so by this means, the pope at that J,"';' , ,
• 1 T~> (> 1 1 Inuts for
time changed his purpose concernmg abbeys. But after that tlie iwoye;iri fruit of English churches was granted to the king for two years : in fj'ihe^ which space he obtained the fruits of the aforesaid churches. '''"°-
(1) Ex scriptoEngetliusensis. (2) Ex Nic. Trivet. (3) Ex Hist, quae incipit ab Henrico Tcrtio, VOL. II. R R
pope s getting in
GlO I.KTTKK OK 1 ITZ-CASSIOUOKli ON UOMISH ABUSES.
Edwurdi. During the whicli pailimiit-nt before specified, as men were talking ^ J) many things of the pope's oppressions, which he began in the English 1307! church, in the full of the parliament suddenly fell down among them, as sent from heaven, a certain paper, with this superscription : ' —
An Epistle of Fitz-Cassiodore to the Church of England, concerning the Abuses of the Romish Church.
As the To the noble clnircli of England, serving in clay and brick, Peter, son of
Jews did Cassiodore, a catholic soldier and devoted champion of Christ, sendeth greeting in limes ^j^j jijj, ^visiles, that she may cast ofl' the yoke of bondage, and receive the iier the prize of liberty.
tyraniiyof tfa^us'^^^'*' Jerusalem ? to what shall I equal thee, O virgin daughter of Sion ? For t!)y breach is great like the seu ; thou sittest alone and without comfort, and faint with grief, all the day long ; thou art given up into the hands of one, from whom thou canst not rise without the help of one to lift thee up." (Lamenta- tions i. 13, 14; ii. 13.) For the Scribes and Pharisees who sit in the chair of Moses, I mean the Roman princes, are become tliy chiefest enemies; who, while they make broad their phylacteries, at the same time (scekii:g to enrich tliemselves with the marrow (if thy bones) "lay heavy burdens and grievous to be borne " on the shoulders of thee and thy ministers, and unjustly put thee under tribute, who from of old wert free. But there is no matter for wonder herein, for thy mother, " the queen of the nations," after the custom of widows marrying her inferior, hath made him thy father, that is to say, hath pre- ferred above all others the pontiff of the city of Rome ; who is far from show- ing the relationship by any thing paternal in his conduct towards thee. He ostentatiously enlargeth, indeed, his fringes and vaunteth over thee, and maketh thee to feel by experience that he is thy mother's husband : for full oft he remembereth with himself that favourite text in the prophet, which he hath so deeply digested, " Take thee a great book, and write in it with a man's pen ; 'Seize the spoils, and quickly fall upon tlie prey.'" (Is. viii. 1.) Was it, however, to sanction such conduct as this that the apostle wrote (Hcb. v. 1, 2), " Every high priest taken from among men is appointed for men in things per- taining to God, that he may" — mark, not that he may impose yearly taxes and harass people to death, but — " that he may offer gifts and sacrifices for sins, and shew compassion toward the ignorant and them that ai-e out of the way." Accordingly we read of Peter the fisherman (whose successor he vaunt- eth himself to be), that after the resurrection of Christ he returned with the other apostles to the trade of fishing ; and that when he could catch nothing on the left side of the ship, at the bidding of Christ he turned to the right side, and drew the net to land full of great fishes. Which teacheth, that the ministry of the churcli, whereby the devil is to be conquered and abundance of souls brought to Christ, to be useful for these ends must be rightly exercised ; whereas the toiling on the left side of the ship importeth mis-management, which turneth out far otherwise ; for faith must be shaken and despondency pre- vail, wliere that wliicli is anxiously sought after is no where found. And who is so foolish as to believe, that he can at the same time serve both God and mammon ; or that he can please his fancy and follow the suggestions of flesh and blood, and yet offer acceptable services to Christ? And doubtless that shepherd, who watcheth not for the edification of his flock, doth but prepare another waj' for that " roaring lion who goeth about seeking whom he may devour."
And now, 0 daughter, pry'thee behold the unheard of practices of your so-called father. He removeth good shepherds from the sheepfolds, and placeth in their stead his own nephews, cousins, and parents, men quite illiterate, and as incapable as deaf and duiiib persons of xmderstanding and succouring the bleating sheep, and caring notliing how they are worried by the wolves, but, like hirelings, only minding to shear their fleeces ; reaping where other men had sown, and wielding the crook, not " ut prosint," but " ut praesint," i.e. not to
(1) Ex vetusto chronicoAlbanensi [printed in Goldasti "deMonarcha" (torn. i. p.U), dated 1250; whence the above translation is made. Collier thinks Fitz-Cassiortore is an assumed name. " Petrus Cassiodorus, I talus, qu6d Papam Antichristum esse sciipsisset. cum Petro Johanne Biter- rensi [of Bcziers] Franciscano, refossus tt combustus est circa A.u. l.iOO." HofTinan. OnPelerJohn «ee suprd, p. 521. — £i>.
LETTER OF FITZ-CASSIOUOIIK OX KOMISII ABUSES. fill
feed, but to rule ; whose hands are always busy inside the baskets, but their backs Edwariil.
decline the burdens. The consequences of all this are evident — the priest-
hood hath lost men's respect, God is robbed of his honour, and the poor of their ^- '-^• alms.. And thus the pious devotion of kings, princes, and Christians, who ^'^Q'- endowed the church, is frustrated of its object. Must it not appear marvellous in the eyes of all men, that whereas Christ ordered the royal tribute to be paid for himself and St. Peter, and refused to interfere in a dispute about property, and declared his kingdom not to be of this world — that, nevertheless, a man who pretendeth to be the vicar of Christ should, contrary to his will, strive to bring under his girdle the kingdoms of the world and the princes thereof, with no right thereto but his assumed style, nor any title but the stroke of his own pen !
And as for you, his daughter, what usage doth he put upon you ! Doth he not pull you about as he pleaseth? Nor doth feel content with a tithe of your revenues, unless he get also the first fruits of the benefices of thy ministers. And what for? to raise a new patrimony for himself and his kindred, therein defeating the pious intentions of the founders. Other abominable taxes he imposeth, to pay his legates whom he sendeth over into England; not only pillaging you and yours of your food and raiment, but actually like dogs tearing your flesh off your bones. May not such an oppressor be compared to king Na- buchadonosor, who laid waste the temple of the Lord and plundered it of its gold and silver vessels? For whatever he did therein, the same doth this man. He also rifled the ministers of the house of the Lord, and left it destitute of its due support : this man doth the same. Doubtless it is better for those who are slain outright with the sword, than for those who are famished to death by inches ; for the former die instantl}', but the latter pine away with protracted pain, as the earth ceaseth to yield them nourishment. Truly, O daughter, " all they that pass by " may well compassionate thee, for " what sorrow is like to thy sorrow?" (Lam. i. 12.) For "thy visage is blacker than coals" through much sorrow and weeping, " so that thou art no more known in the streets " (Lam. iv. 8) : thy aforesaid governor "hath placed thee in darkness, and made thee drunken with wormwood and gall." (Lam. iii. 2, 5, 6, 15.) " Hear, then, the affliction of thy people, O Lord, and their groaning : behold, O Lord, and come down " (Exod. iii. 7, 8), for the heart of this man is harder than Pharaoh's. He will not let thy people go, except under the strength of thy hand. For he not only cruelly harasseth them while upon earth, but he pur- sueth them after death : for all the property of Christians (be they who they may) which cometh within the description of ' intestate,' after their decease he encroacheth to himself.
And by the way, the English nobility would do well to consider, how in times past the French, directing their longing eyes toward this realm, have had schemes for bringing it under their own dominion : and it is to be feared, lest what has hitherto been lacking in themselves should be supplied by the craft} dealings of this new enemy; for when the public treasury is exhausted and the native clergy impoverished, the kingdom must be in so much the w-orse condition for repelling a foreign invasion. Wherefore, that neither thou, O daughter, nor you her ministers, be led into a still more miserable bondage, it is expedient for your own sake and theirs, that thy most christian king and the great men of the realm, who have already beautified thee with the richest benefices, and who in that case would have to defend you and the said bene- fices, should resist the devices, conspiracies, arrogancy, and pride of the said man, who, with no thought of serving God, but only to enrich his relations and like an eagle to set his own nest on high, goeth about through these and other impositions to drain England of all her money, by a sort of usurpation ; and let them beware lest false simplicity in the matter bring on the ruin of the realm as well as thy own, when it would be too late to think of applying a remedy.
May the Lord of all virtue take the veil from that man's heart, and bestow on him a contrite and humble spirit, and cause him to discern the ways of the true God, and by them be extricated from his own errors and compelled to abandon his aforesaid sinister doings. Moreover, may the vineyard which the right hand of God planted, be filled with cultivators of the pure faith. And to encourage you to resist these attempts at usurpation, attend to the words of God in the prophecy of Jeremiah ; " Thou pastor, which hast scattered my people and hast cast them out of their habitations, behold I will visit upon thee the evil of thy doings, nor shall tltore be a man of thy seed to sit on the throne of
u |{ 2
G12
KXTKNT OK ECCLESIASTICAL JUUISDICTIOX DISCUSSED.
Frtnch David and to rule in Jvidali any more. Let thy nest be deserted and be ovcr-
tJitinry. turucd like Sodom and (ioniorrali." (Jer. xxii. oO ; xxiii. 1, 2, 14.) But if by
. jj these words he will not be deterred from these his enterprises, and will not be
j.joo' brought to make restitution of that which he hath taken, then let them regard
' " • him as a man hardened in impenitence, and sing against him the lODih Psalm ;
" Hold not thy peace, O God of my praise," &c. For truly as favour, grace,
and benevolence, remitteth and ncglcctetii many offences; so again the gentle
benignity of man, being too much oppressed and grieved, seeking to be
delivered and freed from the same, striveth and searchcth to have the truth
known, and casteth off that yoke, by all means possible, that giieveth him, &c.
What effect this letter wrought in them to whom it Avas directed, is not in story expressed. This by the sequel may be conjectured, that no reason or persuasion could prevail ; but that the pope retained here still his exactions, whatever was said or written to the contrary.
A pariia- Aud thus mucli bciug written hitherto of these acts and doings
France? li^i'^ i" England, now to slip a little into matters happening nearly
wherein j^j t,]ig game tinic* in France, under the reign of Philip de Valois.
sedhow Forasmuch as about this time (a.d. 1329) was commenced a parlia-
[?sVictimi ment by the said king of France against the pope, touching the
fk-afex-^" jnrisdiction, both temporal, pertaining to princes, and ecclesias-
teiideih. tical, bclougiug to the cliurch ; I thouglit it not unprofitable for the
reader to hear and learn the full discourse and tradition thereof,
according as we have caused it to be extracted faithfully out of the
true copy and records of Peter Bertrand, bishop of Autun,^ and
chief doer and prolocutor in the said parliament upon the pope's side
against the king and state temporal.
Forasmuch as the high prelate of Rome, otherwise called Anti- christ, being then in his chief ruff, extolling himself above all princes and potentates of the world, as in other countries, so also in France, extended his usurped jurisdiction above the ])rinccly authority of the kimj, claiming to himself full government of both the states, as well secular as also ecclesiastical ; the king, therefore, not suffering the excessive proceedings of pope John XXTl. above specified, directeth his letters mandatory to the prelates and barons of the realm of France, to convene and assemble themselves together at Paris, about the beginning of December, the year above prefixed ; the tenor of which letters of the king, as directed to the prelates, followeth in this form and manner.
The summons of Parliament by Philip, the French King.
Philip, by the grace of God king of the French, to our beloved and trusty the bishop of Autun, health and affection. Possessing, as you do, a fuller knowledge of divinity and the holy Scriptures, and more of that experience which is the mistress of other excellences, than our subjects generally, the more sensible are you how the clergy and laity of this realm, one and all, are bound as members of the same body to sympathize together, and mutually combine for the maintenance of unity and peace, and for avoiding the contrary as mucli as possible, every state contenting itself with its proper rights. Being adver- tised, then, that you and your officials complain of our bailiffs and officials, aud of some of the barons of our realm of France, injuring you and yours, and in like mauncr that they complain of you and your officials, and the officers
(1) Our author here breaks into the chronological arrangement of his history, as he confesses at p. r>40, but there reverts to it again. — Ed.
(2) The work referred to is printed in the Biblioth. Patrum de la Eigne (Paris, 1624, torn. iii. col. SG.3), the Maxima Hihlioth. Patrum (Lugd. 1677, torn. xxvi. p. 107), and Goldasti de Mon. torn. ii. p. 1361. Foxe's ac.outil has bP'-n collated with the original, and numerous errors corrected. c;allia Christiana, and Fleury's history, have also been consulted with gre.it advantao'e as to the 'lates. Bee Appciidix. — En.
Letter 1(1 the uishops and pre- lates.
e par- t ed.
SPEECH OF LORD PETER DE CUGNlERES IN PAKI.IA MKNT. 613
of j'our court, injuring us and them, and ours and theirs, as well in time I'renrh pasi as now, by occasion whereof the bond of that true unity which ou^ht H'''i'"'ii. to subsist between you and them (as was said) hatli been soniewliat . ,. loosened; and being anxious to maintain a good understanding between the 1090
clergy and laity, and, by God's help, to provide some remedy herein; we require L!1_L
and charge you by these presents, to appear before us at Paris by the Octaves of the Feast of St. Andrew [Dec. 7tli] next ensuing, advised on the subject of the injuries which you allege to have been done you by the parties aforesaid. But we are by other letters of ours charging in like manner our bailiffs and officials and our barons aforesaid, to appear personally before us at Paris on the day aforesaid, advised on the subject of the injuries which they allege to have been done them and theirs by you and your officials ; that a whole- some remedy therein may by us and our council be provided, whereby the bonds of love and attachment and sincere charity nuiy for the future be pre- served unbroken, as they ought to be, between you and them. Given at Paris, the first day of Septenilier, a.d. 1329.
At the day in the letters above specified the prelates assembled tii themselves before the kinsr at his palace in Paris, that is to sav, the ''=i"'e"i lord archbishops of Boiirges, Auch, Tours, Rouen, and Sens ; and the lord bishops of Beauvais, Chalons sur IMarne, Laon, Paris, Noyons, Oliartres, Coutances, Angers, Poictiers, Meaux, Cambray, St. Flour, St. Erieu, Chalons sur Seine, and Autun. After due Lord reverence done' by the said prelates unto the king's niajestv there ^"^g'^'i^j j^ sitting in his own person, with certain barons and his council about him, a certain noble and wise person, lord Peter de Cugnieres, being one of the king's council, rose up, and openly in the parliament The ora- house spake in the king's behalf on this wise, taking for his theme, y^ded^in- "■ Render unto Caesar that which is Csesar^ and unto God that which '° "^° is God's " (Matth. xxii.), Avhich he very skilfully prosecuted and obedience applied, dividing it into two parts : — First, that obedience and ung'tdif- reverence is due unto the king; Secondly, that there ought to be a ^^''^^^^
o ^ v ' " between
difference between the jurisdiction of the clergy and laity, so that tiiejuris- spiritual matters should be defined and ordered by the prelates and tt'iesta\es spiritual men, and temporal causes ruled and determined by the king, a^,'^eccie- his barons and temporal men. All this he proved by many siastkai. reasons both of fact and law, as more fully appeareth beneath in the answers of the archbishop of Sens elect and the bishop of Autun. Finally he concluded, that the clergy ought only to deal and have to do with spiritual matters ; in defence whereof, the king's highness would stand their good lord and maintainer. His oration being ended, he repeated certain words in the French tongue, which imported that it was the king's intention to renew the temporal jurisdiction ; and therewith he exhibited certain articles underwritten in French, whereof also he gave a copy to the prelates (translated into Latin), the contents whereof he affirmed not to appertain to the jurisdiction of the spiritualty, but only to the temporalty, com- plaining that the clergy had wrongfully proceeded in the same. But notwithstanding, having made his proposition, he said, that the prelates were at liberty to deliberate and confidentially consult the king thereupon. The copy of the articles and the grievances of the kingdom of France, wrought by the clergy and exhibited to the king, with the answers ensuing upon the same, hereunder follow. Articles
1. The coo-nizance of causes affecting real property, whether in possession ' " "';f or in right, by common law appertameth to the temporal jurisdiction, but tlie mem
priipoiiM- (I) The first day, probably, was occupied in cevemonial. See infra, p.fil9, note.— Kn. rii'rt.
f)14 ARTICLES OF COMPLAINT OF
Fri-iich prelates, with their officials, infringe the temporal jurisdiction, hy taking upoo Jlisiory. them the deternunation of such causes real ; especially in cases of actual pos- » i^ session and all cases of interdict. j.jf,g" 2. Item, When a layman is disturbed or thwarted by a clerk in the possession
" of his land, and cntcreth a process before the secular power "in casu novitatis "'
or otherwise, the prelates' officials at the instance of the clerk stop the temporal jurisdiction, warning both the secular judge and the party not to proceed anv further in tlic cause, under pain of excommunication and forfeiture of a certain sum. Prelates 3. Item, Although the cognizance of laymen's matters, except in spiritual '"'"". causes, bclongeth to the secular judge, yet will the bishops' ofHcials, at the temporal instance of any party, call such before them ; and if the laymen should demur iiii'ii's to their jurisdiction, or the secular judges should require the cause to be remitted matters, j^ them as the right judges, the officials refuse to do this, and even by excom- munication compel the parties to proceed before them.
4. Item, If a clerk allege that he is injured in his immoveable property' by a layman, the prelates' officials will, at the instance of the clerk, proceed against the layman. And if the layman allege that the cause is one of real property (it being so indeed), and that for that cause it ought to be remitted to the secular judge, this notwithstanding, the officials aforesaid prohibit them, under pain of excommunication or soiue great forfeit, from jjroceeding before the secular judge.
5. Item, The bishops' officials endeavour to obtain the cognizance of con- tracts made in the secular courts either in writing or only by word of mouth ; and by their monitions and censures endeavour to make it excommunication for any to enter into such contracts.
6. Item, The prelates decree provincial ordinances or by-laws and synodal statutes, enacting therein many things to the great prejudice of the temporal jurisdiction, whereof they ought to have no cognizance at all, neither to inter- meddle therewith.
7. Item, The aforesaid officials appoint sworn notaries to draw the form of contracts made in places under the jurisdiction temporal, concerning the sale of immoveable propertj'^ or otherwise ; encroaching thereby upon the other jurisdiction, when verily they have nothing to do with any contracts and obli- gations, but with such as are made and agreed upon within the compass of their own see and jurisdiction.
Exofficio. 8. Item, The said officials, by their mere office, frequently call laymen before them to answer to certain matters which they lay to their charge, the cognizance Imprison- whereof, they say, doth appertain unto them ; and when the said persons do mcntper- appear before them, and deny the crimes objected against them, the officials not to the detain them and put them in prison ; nor will they release them, although in clergy. such cases release on bail is allowed by the law, and imprisonment appertaineth only to the temporal power, and not to them.
9. Item, In the cases aforesaid, although in the inquiry and process insti- tuted by the said officials the parties be found innocent of that which is laid to their charge and be acquitted, yet these said officials will in no wise discharge them, before they have paid for the writings and process in that behalf a good sum of money ; when by law they ought in such cases to recover their costs.
10. Item, It must not be forgotten to mention the sentence of excommuni- cation, which is summarily decreed by virtue of only one citation, so often as a man faileth to make his appearance.
11. Itetn, Mention is to be made of a certain kind of obligations, termed ' De nisi;' whereby a man is instantly excommunicated, if he make not pay- ment at the day prefixed, although he be not able so to do.
12. Item, Whosoever by virtue of excommunication in the bishops' court is so excommunicated, and does not then pay the sum mentioned in the excom- munication, the sum is forthwith dotibled ; and the secular power is charged by the bishops or their officials, that they, under pain of being excommunicated themselves, compel the excommunicated, by attaching their goods, to pay the said sum ; which monition if the secular power refuse to put in execution, they themselves are then excommunicated, and cannot be absolved till they disburse that money which the principal excommunicated person should have paid.
(1) " Novitas," a law term, sifinifying "encroachment," or "trespass." — Ed.
(2) " In rebus hereditariis suis." See Ducange.— F.d.
THE LAITY AGAINST THE CLERGY. 615
13. Item, If the bailiffs, headboroughs, or other the king's officers and judges Frcnrh of the temporalty, should be disposed to execute the said monitions, but sliould ^^'"("'j- find those that be excommunicated destitute of effects; the said officers are A.I). bound, at their own proper costs and charges, to resort to the bishop's court, 1329.
and there to take a corporal oath, that they found no effects with the parties
excommunicated. This if they fixil to do, those officers arc sure to be excommuni- Actions cated, aid thereby forced to disburse the debt of the excommunicated persons. I'eal and
14. Iiom, If two laymen be in suit together before a temporal judge about P^"'"""^ • an action either real or personal, and one of them after fair contestation of law ,,,3^, ^p. seek to evade the issue, and do appeal to an ecclesiastical judge, such judge peal from will often presume to take cognizance of such actions real and personal, ^^p,^^' warning the temporal judge to cease from meddling therein in consequence of to the the appeal; and if the secular judge obey not, he is pronounced excommu- temporal nicate, and compelled to make satisfaction ; by occasion whereof, the temporal thepo^pe's jiu'isdictioa is much infringed and clean losetli its prerogative; because no man divinity. ever appealeth from a spiritual judge to the temporal.
1.5. Item, If a layman, inhabiting any of the king's towns, procureth his debtor, being also a layman, to be arrested by the secular authorities of the place, then, if he who is so arrested appealeth up those who arrested him or caused him to be arrested, the bishops' officials will take upon them to hear this matter ; and if any thing should be attempted in the way of opposition to the appeal, they demand satisfaction of the secular authorities as representing the party on whom the arrest was served. And if any of the king's servants advise them to resist this injury, they are straightways ])ronounced excommunicate.
16. Item, The said bishops have a number of officials under them, whom Deans of they term deans of the clergy, who frequently sunnnon all sorts of people the cler- throughout the king's demesnes and elsewhere, only by word of mouth, to ^' come before them, and that without commission ; whereas in every diocese
there ought to be one consistory, wherein alone causes should be heard and decided. And hereby it happeneth oftentimes that many are so summoned without any cause, to the end that they may pay a large sum of money to extricate themselves, which is to the no small prejudice of the king's majesty and of his subjects, and of the temporal jurisdiction.
17. Item, The said deans seal up the houses of the clergy, and others belonging even to temporal persons, which are situate in the king's towns, to the prejudice of the king's majesty's jurisdiction and that of the temporalty in general ; for in such places the bishops have no such kind of jurisdiction.
18. Item, The said prelates, or their officials, do presume to seal up the Married moveable goods of clerks who are married and merchants ; whereas, in such clerks, cases, the ordering thereof appertaineth to the sec\ilar power.
19. Item, They compel the laity to give security to clerks to answer before themselves in the spiritual courts ; yea, and chiefly the king's own servitors.
20. Item, They claim the right, even within the jurisdiction of the king and his subjects, of making inventories of the goods of laymen deceasing.
21. Item, They presume to take cognizance of causes " hypothecarijB," which are real, or at least-wise mixed, that is, both real and personal.
22. Item, The said prelates go about to have cognizance of such temporal men's matters as dwell in hospitals and almshouses, whether situate in towns which are peculiars of the king or his subjects, or out of them, although the plea thereof appertaineth to the king himself and his subjects aforesaid; forbidding any man to be so hardy as to commence any suit against any of them but before themselves, on pain of excommunication and forfeiting a great sum of money.
23. Item, To the end the ecclesiastical rule should be aggrandized, they confer the tonsure on numbers of children under age, some of them being sons of bondmen, others born bastards ; yea, and on many married folks, and dis- qualified and illiterate persons.
24. Item, They do cause their deans to attach widow-women and to take them under their surveillance, and will have the cognizance thereof; as in like manner they will have the wardship of minors, applying their goods when they die, as they do also the goods of those who die intestate, to their own use : the cogni- zance of all which matters belongeth to the king himself, because those kinds of persons with their goods are in ward to the king, and under his tuition.
25. Item, They cause temporal men of the king's demesnes, or elsewhere, ^'^.j
in violation of all order of law, to be apprehended by their aforesaid deans, money.
616
ARTICLES OK COMPLAIXT 01
A.D. 1329.
French objecting to tliein that they have offended against some article of christian Hiitory. faitli^ and forthwith imprison them; wiiereas their apprehension and imprison- ment appertain to the king, till such time as they be convicted of the crime alleged.
26. Item, Thcv exercise their jurisdiction in all places, having no regard either to the king's peculiar towns nor yet to those of his subjects, but run into every Iiole; when, by law, they ought to have no jurisdiction without their own limits and precinct.
27. Item, When these prelates or their officials by their monitions do charge the king's officers and his justices to execute any thing, if they do not perform that which is prescribed unto them, they inflict a heavy fine ; yea, and denounce excommunication against them. And this is a new invention sprung up of late amongst them, much to the prejudice of the king and his subjects.
28. Item, When the bishops or their ofiicials do prosecute any temporal man " ex officio " in their own court, and have no proof of tiie matter, they compel many of the laity to depose what they know thereof, having no respect whether they be the king's burgesses, or not, or what they be ; and yet will they not allow them any thing for their expenses : and if they appear not at their day, they are excommimicated.
29. Item, If an offender be apprehended by any of the king's justices, and indicted of theft, and he, to whom the stolen thing belonged, cometh before the king's sheriffs, and proveth it to be his, and redress should be afforded him by them; if the bishops or their officials affirm the said offender 'ex post facto ' to be a clerk, they will by their monitions and citations compel the king's sheriffs to bring in the aforesaid stolen thing to them ; and if they do it not, they are excommunicated.
30. Item, If it happen that the king's sheriff or bailiff take an offender for some offence, and he affirmcth himself to be a clerk, although he have no kind of tonsure and wear no habit appertaining thereunto ; yet the bishops or their officials will by their monitions cause the detainers of him instantly to deliver up the said ott'ender to them as their clerk.
.31. Item, If it happen that the king's sheriff, or any other secular justice, take a thief or even a murderer who beareth a clerk's tonsure, and there-for dclivereth him to tlie clergy to be ordered, it shall not be long before he be acquitted by them, although he acknowledge the charge; yea, and notwith- standing that any laymen who may have been his accomplices in that affair should have been brought to justice for the same, and impeached him thereof; and so such offenders are thereby encouraged to commit the like again.
'62. Item, If any complaineth and saith that he is spoiled, by and by the officials will grant a monition against the spoiler, by virtue whereof some one of the deans of the clergy will admonish him to resign into his hands the things comprised in the monition, or else swear that he hath not spoiled the plaintiff of such things as he saith he was spoiled of. But if he refuse to take such an oath before him, then the dean will straightways seal the monition and excom- municate him ; and by no means shall he be absolved, before he restore and satisfy the things comprised in the monition, whereof the plaintiff had said that he was spoiled.
.33. Item, If any for his offence be cast into prison by the secular power, although at the time of his taking he wore a lay habit, and had no tonsure, but all the days of his life had lived like a layman ; yet, if he shall avouch himself to be a clerk, to the intent to have better speed at the clergy's hands than from the secular power, and to escape unpunished, the clergy will Immediately issue a monition to the secular power to give up and surrender the offender to them, or else an interdict will be laid on the whole township where the said offender shall be so imprisoned; and, for avoiding the jeopardy which might arise out of the s:iid interdict, the secular judges are of necessity compelled to deliver up the offender, to the great prejudice of the king's temporal jurisdiction, to whom the cognizance thereof appertained " in casu ressorti."
34. Item, When any offender is delivered up by the temporal magistrates to the ecclesiastical, on the plea of his being a clerk, his friends will make suit to tlie bishop's officials for him, and compound with them, by reason whereof they dismiss parties unpunished ; and so they do worse than ever, although their crimes before were sufficiently scandalous.
Ressor turn.
THE. LAl'tV AGAINST THE CLERGY. 617
35. Item, As soon as any married clerk, being a merchant, or of whatsoever French other occupation he be, for some offence by him committed is called before the Hintory. secular judge, the said clerk obtaineth of the officials a monition, and taketh ~a~t7~ with him some priest, who doth inhibit the secular judge under pain of one or y\ two hundred marks, yea and of excommunication too, not to proceed further, — "" nor to meddle in such causes, and not to molest such parties either in body or
goods : and, if the judge obey not, the celebration of religious rites is suspended in that place, although the matter concerneth merchandise.
36. Item, The said officials grant citations without number against the laity " in casu assecuramenti," personally to cite before them persons unknown ; but, if the persons be known, it is contained in the citation, that in no wise, and that under a great penalty, they cause their adversary to be called before a secular judge, while the present citation is pending and in force.
37. Item, When one is excommunicated in any place, the said officials gi*ant out personal citations against those, who do participate or are conversant with the excommunicated, causing a whole country for the space of one or two leagues round about to be cited together. And further, the friends and ac- quaintance of the party so excommimicated, sometimes forty, sometimes sixty, yea and sometimes a hundred at once, are compelled to make their purgation before them, that they do not participate or keep company with their friends the excommunicates. Whereby ensvieth, that many honest old men for avoiding of trouble and expense do pay some twelve pence, some two shillings ; by occasion whereof many vineyards are unlooked to, much ground is un- tilled, yea, and many good men are constrained to lay the key under the door and run away.
38. Item, The said officials do burden many persons ot good name and fame with being usurers, whereby they are constrained to compound with them, to avoid the infamy that thereby might ensue.
39. Item, The aforesaid officials call by citation before them the honestly wedded, as well man as woman, charging them, that they have committed adultery ; to the perpetual scandal of virtuous husbands and wives : and all for nothing else but for extortion, to wring money from them.
40. Item, Mention must be made of the multitude of proctors, who eat and devour up all the world with their citations, and catch clients, and hold courts and assizes of their own throughout the country, and of their own authority drop their citations for money which they extort from the parties cited.
41. Item, There be many other griefs and enormities, which the chapters, abbots, priors, provosts of hospitals, and other ecclesiastical persons in the realm of France, practise against the people ; as, when they cause to be cited before them many of the king's burgesses, and others belonging to divers privileged places : for instance, citizens of St. Brieu, Nantes in Bretagne, Lyons, Ma9on, with other more. But especially the provosts of hospitals use this trick more commonly than any others do, whereby the people are much endamaged, and will be every day more and more, if remedy be not had therein.
42. Item, Ecclesiastical magistrates labour to have cognizance of causes of injury, of whatsoever nature it be, whether the injury be committed by word or deed. Likewise they take upon them to hear the causes of the wives of married clerks, although both they and their husbands be merchants by occu- pation ; and if at any time such couples be taken by the secular magistrates, the official causeth an interdict to be laid on that parish, by virtue of the council of Senlis.
43. Item, They challenge to have cognizance concerning widows' goods, both moveable and immoveable ; and if it happeneth, at any time, that a merchant's widow, living in any of the king's peculiars, by way of arrest procureth any temporal man to be convcnted before the secular judge, and the matter proceed so far that he should actually have been condemned by the sentence of the secular judge, and then it come to the ear of the ecclesiastical judge that the widow did summon her debtor before the other tribunal, the said temporal judge will be called to account, and by their monitions and censures they will compel him to make amends: and this oftentimes happeneth.
44. Item, Many of the tenants and inhabiteis of the bishops' lands call one another to the court of the officials by a particular kind of appeal termed ' Volagia,' whereof the officials presume to take cognizance, to the prejudice of the temporal jurisdiction of our sovereign lord the king.
G18
AIITICLKS OF COMI'I.AIXT OF
French Hulory.
A. I). 132!).
The clerity preju- dicial to I'ommon juitice. Ex ofHcio.
Usury
craftily
objected
by the
clergy
against
laymen.
The pre latcs
make tlic church a den of thieves.
Note the practice of olficial to (;et money.
15. Item, If any man l)e apprcluMided by a secular justice in a riot wherein blood was shed, bo is to be ordered by liim, i*' be be lay ; but if he be a clerk, be is to be surrendered to the ecclesiastical judf,'e. Whether he be a temporal man or a clerk, however, who is so taken, if be appealeth to the ofKcials' court, they will be so bold as to take cognizance thereof, requiring withal amends of the secular court, wliich undertook the aforesaid apprehension. If this be suifered, oH'enders siiall never be punished, for by and by they will appeal, and imme- diately after the appeal fly and void away.
40. Item, When they cause many " ex officio " to be cited before them, tliey will not allow them to have proctors; to whom, when they come at the day assi'Mied, they object the crime of usury; and except they answer as the pro- moters themselves wish, they are trodden under foot (although they be mere laymen), and shall not be dismissed before they fine just as the officials them- selves list, although they be no usurers ; but if any be usurers, the said officials take of them fees and bribes, and then they are permittod to practise their usury as before, so that tlic others may have their old fees and bribes.
■17. Hem, They procure their officers to apprehend clerks in whatsoever soil they be found, in spite of their appealing to the justice of the place : and if by any they be hindered of their will herein, they by sentence of excommunication do forthwith cause them to desist therefrom.
48. Item, As often as any temporal magistrates apprehend any person, who afterwards, on being demanded by the ecclesiastical authorities as a clerk, is given up to them without demur, yet, for all that, the officials cause those magistrates to be denounced as excommunicate by the canon law.
49. Item, The prelates grant the tonsure as well to men of thirty years and upward, as also to married men, when they come to them in fear of imprison- ment and punishment due unto them for some criminal offence before com- mitted ; and this is oftentimes put in practice.
.50. Item, If it happen that any of the king's servants or any others are excommunicate, who would fain be absolved, being glad to pay reasonably for the same, the clergy will not accept satisfaction but such as shall please them ; wherefore many of them remain still excommunicate.
51. Item, When two persons have been at strife together respecting im- moveable' property, and the matter in dispute is put into the hands of the king by some servant cr officer of the king, for the taking up of the matter, then do the prelates admonish the one part not to trouble the other who is in possession ; otherwise, if he do, they exconmiunicate Iiim.
52. Item, The aforesaid prelates, deans, chaplains, and the rest of the clergy, put the king's officers to so much trouble and expense in defending the king's jurisdiction, invaded as in the aforesaid instances, that many of them spend and consume, in the maintenance of the king's right and title, all that they have.
53. Item, If any secular justice for a true and just cause, at the request of the party, putteth in his helping hand concerning immoveable' property of clerks, the ecclesiastical judges and their ministers send out monitions in writing against the said justice, yea, under pain of excommunication and forfeiture, to take away his hand and leave off; enjoining him further to suffer the other j)arty quietly to enjoy the said things. Otherwise they denounce him excom- nuinicate, and he shall not be absolved before he have well paid for it, even as pleaseth ' master official ;' to the prejudice of the authority of our sovereign lord the king.
54. Item, The ecclesiastical authorities, as soon as they hear that any rich or fat ' Coh ' is dead,^ or think that he cannot live long, send out, forthwith, letters
' under their seal to the clergyman, commanding him in no wise to presume to bury him, although he made his testament and received the rites of the church. And when, afterwards, the friends and kinsfolks of the dead resort unto them to know the cause of their inhibition, they assert that he was an usurer, and that he kept not the commandments of the church : and so long keep they the corpse of the dead unburied, till his friends redeem it with good store of money ; by which means they have acquired large sums of money.
(1) " Hcreditagia." See Durante. — Ed.
(2) " QuM aliquls dives decessit," is the Latin : " cob" was sometimes used for a rich, covetous person. " And of them .-ill cobbing country chuffes, which make their bellies and their baggei thcyr gods, arc called rich oobbes." Nash's Lenten Stuff, cited in Nares's Glossary.— F,D.
XriK LAITY AGAINST THK CLERGY. 6l9
55. Item, If there be any violent shedding of blood in any church-yard French whereby an interdict taketh place, the clergy causeth a fine of ten pounds to J^istury. be levied on all the parishioners, as their consideration for the purgation of A. D. their church-yard, although some of the parishioners be exempt from their 1329.
jurisdiction ; yea, and although he who shed the blood has already paid the whole
sum which tliey levied, and more too.
56. Item, Certain chaplains affirm themselves to have certain apostolic privileges, by virtue whereof they appoint what judges they will, yea, and oftentimes of their own college, and so they be judges in their own cause ; which is plainly against the law. By this oftentimes it happeneth, that after great process and expenses incurred in some great cause (more often about realty than otherwise), on receiving a hint from their own proctors and advo- cates that they shall have the foil therein, they revoke forthwith those afore- named judges ; and so the king's subjects are damnified, and can have no justice or redress at their hands.
57. Item, If any layman call a clerk before a secular judge in case of inheritance,- the ecclesiastical judges procure a stop to be made therein, claim- ing to themselves the cognizance thereof: and the layman is constrained to make satisfaction for taking such a course.
58. Item, Tlie clergy challenge the cognizance of such causes as married clerks, being merchants and artificers, do commence ; when by law they apper- tain to the temporally, especially about the matters of merchandise.
59. Item, They oftentimes lay interdict on the king's towns and castles, and cause the divine service to cease ; contrary to the privileges granted by many of tlie high bishops of Rome to our sovereign lord the king.
GO. Item, To and for the maintenance and keeping of their temporalties, they appoint their own clerks to be their bailiffs and officers; who, if they do offend, are not condignly punished according to law and justice.
61. Item, Tlie ecclesiastical judges have proctors belonging to them, who, when any man is excommunicated (be it right, or be it wrong), cause by their monitions that no man shall work or do any thing for him that is excommu- nicated; whereby the lands and vineyards oftentimes remain unfilled, to the no small prejudice of the king and his people.
62. Item, The aforesaid promoters cause citations to be made out, whereby they summon in one citation twenty, thirty, forty persons or more to appear, for communicating with such interdicted persons ; taking of some ten, of others twenty shillings, according as they are able: whereby the common people are much oppressed.
63. Item, The ecclesiastical judges cause all the advocates of their courts to be sworn, that none shall retain them as counsel against them without their license : whereby oftentimes, the poor man quite loseth his right, and the king's own pensioners cannot freely act as counsel, without special license of the judges.
64. Item, They will make inventories of their goods who die intestate ; and will have the possession of their goods, as well moveable as immoveable, to distribute with their own hands to the heirs, or to whom they list.
65. Item, The execution also of wills in general they take into their own hands, taking inventories of dead men's goods, and keeping or disposing of them to the heirs after their pleasure. And they have officials properly deputed for the execution thereof.
66. Item, They sometimes will not give credit to wills made before witnesses, unless they be first by their own officials approved.
After the lord Peter had thus spoken, the prelates required to The arch- have time to answer thereunto: whereupon, the Friday^ next ensuin": geng""^"' was appointed for the same. On that day, being December the 15th, '"'ect. the lord Peter Roger, archbisliop of Sens elect, in the name of the torforthe whole clergy answered for them all before the king, holding his par- p'^^'^'^'' liament that day at Vincennes ; and thus he there propounded : —
(1) Dec. 7th, the day oa whiclithe parliament assembled, fell on a Thursday in 1329 (by Nicholas's Tables) : the lord Peter de Cugnieres stated his case and produced the forr-?foing articles airainst the clergy the next day, and a week, was tkeii given to the prelates to reply. See suprA, p. 613, note. — Ed. (2) " In causa hereditaria :" see p. 614, note (2), p. 618, note (1). — Ed.
G20 ANSWER OF TIIK PRELATES
French Answer of the Prelates to tlic LorJ Peter's Oration before Philip, ^^^^^^^ the French King.
A. D. ^^ jjjp ].jgj meeting, tlic lord Peter de Cugnieres, propounding against the ^^'-^- Cliurch of France, took for his tlienie that wliich is written in the twenty-second Recapitu- chapter of Mattliew, " Render untoCa2sar that which is Ca?sar's, and unto God iitioii of (ijgj which is God's;" in which words, he said, two points were to be noted: Peier'V' fi^t, the reverence and subjection which the prelates ouglit to sliew to tlie king oration, their sovereign ; secondly, the separation of the temporal jurisdiction from tlie spiritual. Tlie first whereof he went about to prove out of the second chapter of the first epistle of Peter, where it is written, " Submit yourselves unto every human creature for the Lord's sake, whether it be unto the king, as unto the superior, or unto governors, as unto them that are sent of him for the punish- ment of evil doers and for the praise of them that do well." The second point he went about to prove by the words of our Saviour Christ in Luke (chap, xxii.), where the apostle sailh, " Lord, behold, here are two swords," and he said unto them, "It is enough ;" understanding by the two swords the two jurisdictions : and likewise out of Matthew (chap, xvii.), where Christ would pay tribute for himself and Peter, giving hereby an example, how that ecclesiastical persons were bound to pay and yield to the temporal power the temporalties ; which also is proved in tlie canon law, Causa xi.Qusest. 1. cap. 'Si tributum'etcap. ' Magnum.' And further, he argued the same points from the civil law, (Corpus Authentic. CoUatio i., Tit. vi. Novella vi. in princijjio, ' Quomodo oporteat Episcopos et clericos ad ordincai reduci) ;' where it is said, two great gifts are bestowed, priesthood and empire, priesthood to rule over matters divine, empire to bear domination over Imman matters. Whence he concluded, that seeing these jurisdictions are distinguished of God (the one being given and limited to the church, and the other to the temporally), the church in no wise ought to intermeddle with the temporal jurisdictioi:, seeing it is written in Pioverbs (chap, xxiii.), " You ought not to pass the ancient limits and bounds, which the forefathers have set." And he laid much stress on the word "ancient;" because customs (he said) brought in to the contrary be of no force, but rather are counted abuses and corruptions. .Neither (said he) can prescription take ])lace, for that "jus fisci" is imprescriptible: neither can the king renounce such his royal right: proving the same b)' many chapters contained in the 10th Distinction. Wherefore seeing tlie king, at the time he was crowned, swore not only not to alienate or infringe the rights of his realm, but even to restore such rights as had been alienated and usurped eitlier by the church or by any other, the king was bound by his oath to revoke the said abuses.
Also, he did exhibit many particular articles in writing, wherein, as he said, the church did usurp upon the jurisdiction temporal. Reply to To answer these premises with reconciling of the places, I take for my theme the above that which is written 1 Pet. ii. ; under previous prolestation, that whatsoever the'ajch-^ I shall say, it is not to ground or make any final judgment or determination bishop of herein ; but only to inform the conscience of our sovereign lord the king and elect' ^^'^ assessors here assembled. I proceed therefore to consider what the apostle saith (1 Pet. ii.), " Fear God and honour the king." In which words St. Peter teaclieth us two things : First, that filial fear and obedience are due unto God for the mightiness and puissance of his majesty, saying, "Fear God;" Secondly, that special honour and reverence is due to the king for the excellency of his dignity, saying " Honour the king." But note you by the way, iiow the apostle placeth his words : first he saith, that fear is due unto God, because principally and in chief we ought to fear God. For if the king or any other should com- mand things contrary to God, we ought to have no regard thereof, but to con- temn the king and obey God. For it is written in the Acts of the Apostles (cliap. v.), "We ought rather to obey God than men;" smd also in the second book of Maccabees (chap, vii.) it is said, " I will not obey the commandments of the king, but the law." The reason of this St. Augustine giveth thus, hi Ins gloss upon Roinans (xiii. 2), cited also in the Causa xi. Qua^st. 3. cap. 97. " Qui resistit :" — " But put the case, thou art coinniandcd to do that which thou canst not or mayest not do : doubtless, that thou must neglect the lesser power and fear the higher in such a case, is a lesson which thou art taught by the degrees of worldly things. As for example, be it so that a pro- curator commandcth thee any thing, and the same be against the proconsul,
TO roiiD Peter's ouatiox 621
thou ouglitest not to follow it. Yea, and further, put the case that the proconsul French commandeth one tiling, the emperor another, and God willeth the third, thou ^^"'"''y- must not care for them, but obey God, for God is the greater power. For they . •% may threaten thee with prison, but God threateneth thee with hell fire: they 1090'
may kill thy body, but God nuiy send thee, body and soul, to hell fire." And ^^— ^
therefore worthily it is put first, " Fear God." And here the place in the last of Ecclesiastes is to be adjoined, where it is written, " Fear God and keep his commandments." And methinks, a man's fear of God is to be estimated l''^a'"°f chiefly from three things : that is to say, first, from his bountilul bestowing of gtandeth God's gifts and benefits; secondly, from his honouring and providing for God's i" three ministers; aiul lastly, from his full rendering unto every man his own. points.
First, I say, from the bountiful bestowing of God's gifts and benefits. And for this cause the emperor Justinian writeth:* "Although hardly anything is to be accounted good, which is unmeasured, yet for a prince to bestow unmea- sured favours upon the church, is good." Nay, the emperor is bound to bestow so much the more, as God hath given him more, and to be himself, as it were, one great gift, and to give readily, especially to the holy churches, wherein tlie best measure is an unmeasured abundance of the Lord's property." And to this end Gregory saith to Albert, a French noble [cap. 1, Extra " de donationi- bus"], that a nobleman ought in a manner to prescribe this law to himself, to think himself bound to give even what he giveth voluntarily ; and unless he still increase in giving, to think that he hath given nothing. ^ Wherefore Abel, as
{\) A brief Recapitulation of tlie Archbishop of Sens's Answer, with certain Notes in Reply to his Popish Reasons, addressed to the Reader. The answer of the archbishop of Sens, in the name of the other prelates, to the oration and arti- cles before objected by the lord Peter, consisteth of two parts. First, it deelareth the fear due to God. Secondly, the honour due to the kin^. The lirst of these is, the fear of God, -which, he saith, cinsisteth in three things. I. In pivir.t; to God. 2. In honouring his ministers. 3. In restoring that which hath been taken away, Src. The second, which is the honouring of the king, he saith, consisteth in a double sort; that is, in words only> wherein is flattery. Also in deed ; which a^ain he divideth into four members. 1. When a man counselleth a king to that for which his dominion ,
is loved. 2. When the king is counselled to that whereby his honour and excellency is not diminished. 3. When the king is counselled to that whereby his fame and renown is maintained. 4. When a king is counselled to that, whereby his conscience is not wounded, S;c. And this is the order of his whole tractation. Now remaineth with like brevity, to recite the reasons and argu- ments in order, whereby he proveth the premises, with the subdivision of every member and part thereof. Wherein the studious reader may note both the subtle proceedings of these popish prelates, and also the feeble and impotent ground whereupon they build; whose building, as by this discourse and many others may appear, wholly and finally tendeth to this: To maintain their liberties, pomp, and estimation, above all other secular princes and persons. •
First, as concerning fear to be given to God, which he divideth into three parts, in giving, in honouring, and restoring; for the first, he proveth that princes ought to give largely and without measure to the church, by these arguments.
By the testimony of Justinian: although nothing is good which is too much, yet, I answer, that in the time of Justinian, goods then given to the church, were the goods of the poor; wherein were used faithful distribution, voluntary giving, and necessary charity. But now. In our popish churches, revenues and lands given are not distributed to the poor ; and yet are men compelled against their will to give still. And again, so little necessity is now to give to such, that almost all the wealth of realms is in their hands and houses ; insomuch that they, flowing in such wealth, are now waxen so proud, that kings can scarcely bear any rule for them, as was proved before, that the pope's revenues here in England, amounted to more than three times double the stint of the king's crown. Wherefore by the counsel of Justinian, it was so then, and then might stand, " quod religio peperit divitias :" but now, as the time is altered, so that counsel holdeth not, " postquam nunc filia devoravit matrem;" that is, " after that the daughter hath devoured the mother." Finally, concerning men's giving to the church in these our popish days, four faults I Four in- note : commo-
First, that they give superfluously more than is sufficient to necessity of life. dities, in
Secondly, that they give to such as abuse it wickedly. giving-
Thirdly, that in giving to them that need not, noblemen in mean time defraud their poor neigh- to the hours, vviio need indeed, and yet do not complain. church.
Fourthly, because of this title of giving, men have used, and yet do use, to put great hope of salvation therein, contrary to the testament of God in Christ's death, whereof examples are before.
(2) " Abel offered of the best to the Lord, and was blessed of God ;" ergo, every great man that Three would be blessed-of God, must oH'er of the best he hath unto the church. Answer : This argument, things to as it is far fetched, so it is soon answered, wherein three notes are to be observed. be noted
First, that he who offereth unto the church of God, doth not therein offer unto God immediately in offer- as Abel did. ing to
Secondly, neither is this to be granted, that he who off"ereth to all churchmen, oflTereth by and God and by to the church of God ; for many times the churchmen are one, and the church of God is to the another. Lawrence, the martyr, showing forth the church of God, brought out the poor of the church. parish, and not the priests of the clmrclu
The third note is; that if noble persons should offer unto God (by the example of Abel) that which is the best and fattest of the flock.; then should they offL-r unto the Lord of their flocks only, and not of their lands. Yea, and to note the very truth, they are taught thereby to offer to God, neither cattle nor lands, but that which is the very best, that is, their own bodies for a lively sacriCicc to God. He that offereth up to God a proud heart, and kiileth it with the axe of humility, giveth unto him the best and fattest bullock he hath in all his flock. With like reason also 1 answer the place in Num. xviii. ,-ind of Chronicles [cap. uit J
0^2 AXSWER OF THE PRELATES
French appearetli in Ciencsis iv., wlio offered of the best to the Lord, was blessed of Hittory. God. And tliorcfore divers kings, the more they offered to God, the more they « T^ were both spiritually and temporally blessed of him ; as we read of Joshua, \^0Q David, Solomon, and others in the book of the Kings. And therefore it is — LI—L written in Numbers xviii. : " And ye shall separate unto the Lord's treasury things that be best." As likewise David saith, in the first book of Paralipo- mcna,' the last chapter : "I have willingly oflered all these things, and now liave I seen with joy thy people which here are present offer with a free will unto thee." And no marvel, for David saith in that place: " All things come What of thee, and of thine own have we given thee." And it seemeth to me, that benefit because tlie kings of France, and the barons of the same, have given to God by'ptwng **"'' '•'* '^'iwrch more than those of any other reahu, therefore they have been to the happy above all others, and the more they did give to God, the more they church, received at his hands : examples whereof we have in Clovis, Charlemagne, St. Louis, and others. For the more one giveth to God, the more one receiveth of him, agreeably to his own promise [Luke vi.], "Give and it shall be given unto you." Wherefore, a gift that a prince bestoweth upon the church is ren- dered to him again with large increase, and that both in time of war, and in In limc.f time of peace. I say in war time, because victory proceedeth of no other, but "»'•• only of (iod ; as it is written in the first book of Maccabees, (chap, iii.) : " The
victory of battle standcth not in the nuiltitude of the host, but strength cometh from heaven." And likewise in Exodus xvii. it is declared, " that when Moses held up his hands, Israel had the victory : but when he let down his hands, Amalek had the victory." To this end also serveth the last chapter of the second book of Maccabees, where Judas, being at the point to have the victory over the enemy, saw Onias, who had been liigh priest and a very virtuous man, and Jeremy the prophet, holding up their hands towards heaven, and praying for In time of the people and the whole city. I said also in time of peace, because the life of peace. j|jg j.j,^g ^^^j ^f |,jg g^^^.^ ^^^ prosperity, peace, and obedience, are maintained in the realm by the prayers of tlie church. Wherefore, as lor,g as Solomon was intent on the building the house of God, so long he had peace ; who thus in Proverbs xvi. teacheth us, " U hen a man's ways please the Lord, he maketh his very enemies to be at peace with him ;" and also in 1 Esdras, chap, vi., it is read, how the priests were commanded to offi?r oblations to the God of heaven, and pray for the life of the king and his children. And well therefore may it be called a gift both favourable and irrevocable, whereby victory is given. Hie granted, and peace and security preserved. To serve God therefore, and libe- rally to give towards the worship of him, is the chiefest sign and token of Divine fear and love. " O ye that fear the Lord, believe him, and your reward shall not fail." [Ecclus. ii.]
Secondly,^ Concerning the fear of God, I would have you understand, that
that to offer up, or to separate unto the Lord's treasury, is not now to pive to priests and chaplains of the church, who, peradventure, have more than they do well occupy ; but to give liberally to the communion of saints who are needy, and are the true treasury of the church indeed, as Lawrence the true treasurer said.
(3) 1 Chronicles, xxxix. 17. — Ed.
(4) "By God's commandment we are bound in duty to honour our temporal fathers." Ergo, by the same duty we are bound much rather to honour our spiritual fathers, that is, priests and prelates. Answer : A father in common speech is diversely taken, as by age, by nature, by office. And to all the.se we of duty are bound to yield honour, reverence, obedience, submission ; albeit not all after one sort, nor in like deprec. For as we are bound to honour our fathers and mothers, so aged men and elders have also their honour and name of fathers; so magistrates and spiritual teachers, in their
Two kind, have their honour and reverence. And St. Paul saith, [1 Tim. v.] " that such are worthy of
things to double honour," " qui bene prresunt, et qui laborant in sermone." But, in this, two things are to be
Iw noted noted: Wherein this honour consisteth, and how far it extendeth. These spiritual fathers of the
in giving church think they be not honoured enough unless kings and emperors give and surrender unto
honour, them all the temporal rule and governuient, to do what they list, and none to control them : and
wherein unless noblemen and subjects endow them with temporal lands and possessions as much as they
•^"T"'*'' would have. And this they call honour, which they define only by giving temporally: where
eth ho- indeed it rather consisteth in giving spiritually, as to have a reverent opinion of their ministration,
nour to yield a prompt obedience to their doctrine, to reverence them as the ministers of God, and
given to not to despise, defame, or molest their persons; whereof St. Paul, also, about the same place
priests. speaketh, writing to Timothy, " Let no man despise thy youth," &c. And to Titus, " Let no man
despise thee." ice. And this is to honour our spiritual fathers.
now lar Secondly, To consider how far this honour extindeth : as no man doth deny, but that these
[!ivpn 1 P**'°" "«■ "orthy their double honour who rule well, so, if thev admini.stcr not their office well,
nriPRf '^^* '"^'^' ""''•''■ ^^^ oversight of the king bearing the temporaj sword, worthy of double punish-
TfPi rt jn^n'- And yet to consider this double honour in them that rule well, how far it doth extend : if
exiena- ,t be compared to the honour due to our parents, a case of necessity will soon decide it. For be it
ft:'. that our parents on »he one side, and pa>t()r on the other, stand in extreme nevd of the son's sup-
TO LOHD Peter's oration. 6^5
among the precepts of the Lord, the first and chiefest commandment of tlic French second table is, to " honour thy father :" which precept is very well expounded ^'"tury. in the Hebrews [chap, xii.], where it is not only meant of the fathers of our . p. bodies, but also of the Father of spirits. For as spiritual things do far exceed iq'oq'
temporal matters ; so much more a great deal the spiritual son is bound to 1_
reverence the spiritual father, and to be in subjection unto him, that he may seiond live. And that the priests and prelates be the spiritual fathers, it is proved part, f'" 2 Kings vi., where the king of Israel called Elizeus "father," saying- " My go""'^' father, shall I smite them.'" Unto this effect our Saviour [Luke x.] said to Honour- the apostles, whose successors the bishops are, " He that heareth you heareth "}^ ^|"" me, and he that despiseth you, despiseth me ;" also the apostle Paul [1 Thess. fathers, iv.], " He that despiseth you, despiseth not men, but God." Wherefore Jus- tinian the emperor in another place saith, " We have great care to the church of God, that therein may be true doctrine and integi'ity of priest's life, which having, we trust that for our great gifts we shall receive such rewards at God's hands, as shall both be durable, and remain ; yea and also what hitherto hath not happened." Blessed St. Gregory,in his Register, WTiting to a certain em- peror, which is also to be seen in the Decrees,^ saith, " Let not the emperor dis- Honour dain priests, but have special regard to them for His sake whose servants the}' '*? J^^ ^ be ; and so let him rule over them, that due and condign reverence be given priests, unto them. For they in the divine Scriptures are sometimes termed gods, sometimes named angels [Exod. xxii.], ' Then shall both their causes come before the gods.' Also Malachi ii., ' The priest's lips should be sure of know- ledge, that men may seek the law at his mouth : for he is a messenger of the Lord of hosts.' And therefore it is no marvel, if we should vouchsafe to honour them, when God himself, in his speech atti-ibuting to them honour, termeth them gods and angels." And here is to be noted, how Constantine the emperor, when certain of his subjects presented unto him libels accusatory against the bishops, received them at their hands. But calling before him those bishops that were accused therein, in their sight he cast those libels into the fire, saying, " Depart you hence, and discuss these matters among yourselves ; for it is not convenient and meet that we judge gods, becaxise it is written, ' God stood in the synagogue of gods, and in the midst of them he did judge gods.' " In the same chapter it is declared, how that the Pagans, who wor- shipped golden and wooden gods, attributed great honom* to the priests. What marvel is it then, if the godly and great and clmstian emperors do honoiu" and reverence the priests of the true God? And, doubtless, it is their duty so to do. And it is reason, which the lord Peter, the last day, said in this point ; j^^ that there are two powers, priesthood and dominion, the one spiritual, the other powers, temporal, which no less ditier one from the other, than the sun from the moon, ^'^'^po^al the heaven from the earth, and gold from lead. And therefore if honour is ritual, due and to be given to the lesser power, by them that be underneath him : he and what that is chief of the higher power, of right good dutj', is to be honoured and j^^f" reverenced by all under him, as expressly is declared, cap.' Solitse' Demaj. et obed.them where answer is fully made to the allegation of the lord Peter, alleged by him ^°^^^- to make for his own purpose, that is to say, "Be ye subject to all creatures for God's sake," &c. There he speaketh of the subjection which standeth upon Double the merit of virtue, and not upon the duty of necessity. For else, if he should suiijec- speak of the subjection wliich is by duty of necessity ; then must it needs foDow, nu.'rit'of" that every bishop ought to be subject to every beggarly rascal m the city of virtue, Paris. For the text is, " Be ye subject to all human creatures :" but a rascal is ^utv of°" a human creature : ergo, bishops must be subject to a rascal. Of the dignity necessity of a bishop, Gregory talketh in his pastoral. " The honour," saith he, " and Autho- the majesty of a bishop is without all comparison. If you compare it to the bishop royalty of a king, it is even as you would compare metal or lead to the beauty and a of gold ; for that is to be seen, when kings and princes stooping imder the ^3"^^"^"'" knees of priests and kissing their right hand, think themselves to be defended y.^-^^^ ^^ by their prayer." And because the kings of France have, more than others, the pre- honoured and reverenced the prelates, they have, above all others, flourished 'acy.
portation, wherein he can help but the one : nature, I suppose, sooner will and ought to run, and the word of Christ will sooner drive ils, to our father, than to the priest's corhan [Mark vii.] : so that this distinction may have place here : That as the one standeth upon merit of virtue, so thf other standeth unoii mere duty of necessity.
15) Decree. Pars li. Causa xi. qnxst. i. cap. 41. " Sacerdotibus."
een
Ggt ANSWER OF THE PRELATES
Freticii and prospered. It is said, Ecclus. iii., " He that hononreth his father, shall Jli'iory. rejoice in his sons." And it tolloweth tliere, " He tliat honoureth his father, A P) shall live a lon i-ym it is written, Ecclus. iii., " He tliat feareth God honouretli liis parents." — '-^^—^ Thirdly, I say, tiiat a man on^ht to fear God, in the full reverencing and Third restoring unto man what is his; fur he tliat doth not give to another what is part of ],jg^ hut goeth ahout to usurj), doubtless he feareth not God. Contrary, he that God"^ restoreth all again, he is said to love and fear God. [Eccles. xviii.] " He that ieareth (iod will do good things ;" and in tlie Psalm, " I have heen afraid of thy judgments, and have done judgment and justice." For as the lawyers say, A thine wliicli is true, "a thing may be made mine divers ways, as by succession, com- niade nuitation, prescription, or any other acquisition, either by law or custom ;" and '."'"'*• so of the rest. And whereas the lord Peter, the last day, by distinction of Majb. jurisdiction, temporal and spiritual, endeavoured to prove that he who hath spiritual jurisdiction, ought not to have temporal ; otherwise there were no distinction thereof, but rather a confusion of jurisdictions : I will therefore prove the contrary, that these jurisdictions are both compatible in one person, especially in an ecclesiastical man ; '^ and this will I prove by the law of God, by Six proofs the law of nature, canon law, civil law, custom and privilege. But first I allege, tliat ihat the j^ accidental forms, some of tliem are distinct, that they are not clean contrary, tiont'tem- ^^^^ unlike, as whiteness and sweetness. Other forms there be which are so poral and distinct, that they are clean contrary one to the other, and are not compatible arTcom- '" *'"''' ^"'^j''^^ ^"r one contrary expels another, and importeth the negative of ratible in the other. Wherefore tliose things be contrary, which one from another are one per- niost of all distant and disagreeing, and which, in one susceptible, may come one '""■ after the other, but not together, as the jihilosopher teacheth in the Predicaments.
j7„rnis ^"' those forms which are so distinct that they be not contraiy, but unlike, are heincdis- compatible in one subject, as quantity and quahty, which, being distinct in like and respect of their ' genus generalissimum,' yet may be in one person ; and for- iiary.may titude and temperance, being under one kind of moral virtue, are found to be in be com- one man, as logic and gi-ammar, which are also species and kinds in one genus, one sub-" ^''^- ^^ ' intellcctus.' Therefore it is no good argument : ? These fomis be distinct, ject. ergo, they be not compatible in one subject. And, therefore, that the jurisdic-
tions temporal and spiritual are so distinct, that they are not contrary but com- patible, it is evident licreby; because things contrary be so, that the one cannot l)e ordained to concur with the other, but rather the one confoundeth and destroyeth the other : but, in this case, jurisdiction temporal is ordained for the spiritiud; and contrary, the spiritual for tlie temporal. Or rather, the one depcndeth on the other, as the clearness of the moon doth on the brightness of the sun. Also the one jurisdiction so helpeth and comforteth the other, that there is no contrariety in them. And therefore it is no good consequence, because they are distinct, ergo, they are not compatible in one person. This also is to be proved de facto. "For the earth is the Lord's, and the plenty of the whole universal world,'and all that dwell therein." It is proved likewise by this reason : for if the jurisdictions be not compatible, it should follow, that no ecclesiastical person should have any jot of temporal jurisdiction, neither land, tower, castle, lordship, nor any thing else ; which is most absurd : and so by this means it slioidd follow, that no ecclesiastical person should be in subjection unto the king, which were to the great derogation of the king's majesty's crown and dignity. It must needs be, tliercfcjre, that these jurisdictions be compatible, notwithstanding the distinction of them one from another. And thus much for answer to all these reasons, by the which lord Peter proved the distinction of these jm-isdictions.
(6) " These jurisdictions temporal and spiritual, are compatible in one person." Answer: I prant
" pro ratione subjecti :" that is, in the subject itself there is no cause to the contrary, but these
vocations may both be exercised by one person, as they have been by the pope, one after the other,
(and so may contrary forms also) and yet the pope's person hath been able to sustain them boin
But now, here is to be considered, not, what the nature of the subject is able to bear by logic, nut
what order is taken herein by the will of God, whose order is this: that they, who with l*;'" are
called to the feeding of the flock, should leave their fishing-nets, and hsh for meii; and tliat tfiey
who labour in the warfare of the Lord should not entangle themselves with the business ol this lile.
Two whereby they may be more free to please him, whose soldiers they arc. [Tit. ii.] _
forms not (7) " The jurisdictions temporal and spiritual, are so distinct that they are not contrary, arc.
contr.irv. Answer: And what let is there then, but our queen now. and other kings hereafter, may have the
may be government of both states, as well ecclesiastical as temporal ? Seeing both the forms being coni-
comi.a- patible, may concur both in one subject ; why not as well in the person of the king within tlit
t;ble. realm, as in the person of the pope without the realm i
ro LOUD PETEll's ORATION. C2o
lliese things premised, I proceed further to prove that a person ecclesias- French tical, who hath jurisdiction spiritual, may also have temporal jurisdiction; and ^'"''"'V- tliat the jurisdiction temporal may be in an ecclesiastical person, I will prove j^ jj by the Scriptures : and first out of the Old Testament, to the evident probation 1329.
whereof, it is to be understood, that God, after the creation of the world and ^^-
nian, even unto Noah's time, would govern the world himself, as king, by the ProofBout ministry of angels ;* by reason whereof he gsve and ])r()nounced sentence him- ^eg/a.^'** self against Cain. [Gen. iv.] Noah also, who otlered burnt-offerings unto the ment. Lord, and built an altar [Gen. viii.], which thing appertained only unto the priests, had the government and nile of all things, as well spiritual as temporal, which were in the ark.^ Melchisedec likewise, who was the priest of the most Melchi- high God, and also king of Salem [Gen. xiv.], had both the jurisdictions in his ji^jij^;, own hands.'" For that master of history declareth : That all the first-begotten and of Noah, even unto Aaron's time, were priests ; who at meals and offerings P"^^'- blessed the people, and who only had the 'jus primogeniturse,' whereby pj^g'^ay the regiment of others was due unto them. Moses, in like manner, of whom iiaye both it is said in the Psalm, "Moses and Aaron, among his priests," consecrated JF'^^''"^' Aaron and his children to be priests ; which Aaron did judge the whole people in temporal matters, yea, and that in causes of inheritance and real property, as appeareth in Numbers [chap, xxvii.], and many other places. To the same pui-pose serveth that passage [Dent, xvii.], where it is said, " If a matter be too hard for thee in judgment betwixt blood and blood, betwixt plea and plea, betwixt plague and plague, then shalt thou rise and go up to that place that the Lord thy God hath chosen, and shalt come to the priests, the Levites, and to the judge then being, and shalt ask. Who shall show unto us the truth of the judgment? and shalt follow their sentence. And if any man presimiptuously shall refuse to obey the priest's commandments and the decree of the judge, the saine shall die." Behold, how manifestly it doth appear, how not only the judg- inent appertaineth to a priest, between plague and plague, concerning the circimistances and irregidarity of the law, but also betwixt blood and blood in matters criminal, yea, and betwixt plea and plea in civil matters ; which thing doth appear to be in many judges out of the book of Judges. For Samuel, Samuel a who was both a prophet and priest, was appointed judge for a long time over J"''K'^ '" the peo2:)le in matters temporal. And when the people desired a king, the Lord niatters, M'as highly offended with them, and said unto Samuel, " They have not refused Ergo, the thee but me, that I should not be king over them." Furthermore, as long a^ fiavebotb kings among the people of God used the advice and counsel of priests and jurisdic- bishops, it was well with them and their kingdom ; but when they forsook and ^ions. left the comisel of bishops and priests, then was their kingdom divided; and finally they were brought into captixdty, in which captivity the people were altogether governed and ruled by the priests and prophets, as by Esdras and Nehemiah. And, last of all, by the means of the Maccabees, the kingdom and government were devolved and brought into the priests' hands, who were tlie kings and captains over the people, and had tlie government as well of spiritual matters as of temporal ; as is read in Maccabees, of Mattathias and his sons, namely, of Judas Machaby, Jonathan, Simon, and John the son of Simon, who, in all spiritual and temporal matters, were governors over the people of God. [1 Mac. ii.] Moreover, Jeremy, who was one of the priests, declareth after this manner [chap, i.] : " I have set thee over the people and kingdoms, Uiat thou mayest root out, break, destroy, and make waste, and that thou mayest biuld up and plant." Besides this, in the time of judge Ehah, a priest in like manner had the judgment of temporal matters. And so much concerning the proof hereof, out of the Old Testament.
Secondly, I prove my former proposition by authorities taken out of the
(8) " God, after the creation of the world," &c., "even unto Noah's time," &c. Answer ^ If God unto Noah's time governing the world as king, gave sentence himself against Cain, as we say, how then did he .that by the ministrj- of angels ? If he did it by the angels his ministers, whether is more like then that it make) for the pope, or rather for kings and prinoes, whom the Scripture
thrice in one chapter caUetli the ministers of God, to execute pvmishinent on him that doth evil. Noah a [Rom. xiii] priest,
(9) " Noah also who offered," &c. Answer : If offering of burnt sacrifices to God do make a ^j^^ ],a(j priest, then was Cain also, and Abel, Abraham, Isaac, and all the patriarchs, priests. If he had 1,0, jj r.oth temporal and spiritual jurisdiction over those that were in his ark, I marvel why he did not jurisdic- curse then the disobedient crow that returned not to him again tions in
(10) " Melchisedec likewise," &c. Answer : Melchisedec properly did Dear a figiire of Christ, botli ti,g jjj^ king and priest, and of none other.
VOL. II. s .«;
G26 AXSWKU OK THK PRKT.ATES
Frrveh New Testament. For Clnist liad not only b«th the powers, by divine nature, Jli.ion,. wlicrebv he created all thinfrs out of nothing, and by consequence was God over . pv nil, but also by his humanity had l)oth ])owers ; for he was the priest aftet 1.329 ^'^'^ order of Melchisedcc, as it is said in the Psalms, and also is alleged to the _1_^ Hebrews, who had both on his vesture and on thigh written, " King of kings, and i'roofsoui Lord of lords." [Kev. xix.] By this vestment or thigh was mcant'his humanity. New Tcs- which was joined to his divinity, as the gannent is to him that wearcth it. lie lament, said of himself [Matt, xxviii.], " Unto me is given all power, both in heaven b'"^h1s "'"^ '" earth."" As also saith the apostle [Ileb. i.], " Whom he made and con- human stituted heir of all universal things." And again [Heb. ii.], " He hath made nature |,i„^ ^ot nuich inferior to the angels. He hath crowned him with glory and powcrsl** lionour, and hath set him above the works of his hands : tliou hast put all things in subjection under his feet, sheep and oxen, and all the whole cattle of the field." When therefore it is said, " He made all things subject unto him ;" he cxcludeth nothing, as the apostle there saith. Whereby it is apparent, that as concerning his human nature, in the •which he was made less tlian the angels, all things were subject to him. Also this appeareth in Philippians [chap, ii.] : " He humbled himself, wherefore God exalted him;" and it followeth, " That in the name of Jesus should every knee bow, both of things in heaven, and of things in earth, and of things under the earth." Behold here, that in tliat nature in which he did humble himself, he was exalted, " because every knee should bow down to him." This in like manner hath St. Peter, in Acts x., where he saith, " he was constituted of God, the judge of the quick and the dead." And he speaketh of the nature which God raised up the third dav, as the whole Scripture proveth. And likewise St. Peter had this power given him, whom Christ constituted and made his vicar ;'2 who also condemned by sentence judicially Ananias and Sapphira," for lying and stealing. [Acts v.] Paul also condemned a fornicator convicted.'* [1 Cor. v.] And that Christ would have the correction and judgment of such matters to appertain to his church, a text in Matthew xviii. expressly declareth, where it is said, " If thy brother trespass against thee, go and tell him his fault between him and thee : if he hear thee, thou hast won thy brother ; but if he heareth not, then take with thee one or two, that in the mouth of two or three witnesses all things may be established : if he hear not then, tell it unto the congregation : if he hear not the congregation, take him as an heathen man and a publican. Verily I say luito 3'ou, whatsoever you bind on earth, the same shall be bound in heaven ; and whatsoever you loose on earth, the same shall be loosed in heaven." Behold, how expressly it is commanded, that whensoever in any matter one offendeth the other, he being first charitably admonished, the matter must be published and referred to the order of the churcli and congregation. '* But if the offender do not obey and hear the admonition, he is to be taken as a heathen and a publican, which is as much as to say, like one that is ex- communicated by the church, so that he may have no communion or participation with it. And that this was the intention of Christ, this seemeth much to prove, where, in giving the reason hereof, he imme- diately addetli, " Verily I say unto you, whatsoever," &c. (where note this term distributive, " whatsoever," equivalent to " all things.") Wherefore, as the apostle argued in Hebrews ii., that if he ordained all things to be subject unto him, he left nothing unsubjected; '" even so I may argue: If 11 .things that the church doth loose, be loosed, and every thing that the
(11) " Unto me is given," &rc. Answer: That Christ hath all power given him, no man doubteth; but yet the same Christ saith, tliat his kinprdom is not of this world; neither would he be made a king in this world, &c. " Non eripit mortalia, qui regno dat caelestia," &c.
(12) "Whom Christ, &c. made his vicar, &c." Answer: Hero in one line be two lies. For Peter had not the very same power in heaven and earth as Christ had, neither was he the vicar of Christ.
(13) As the offence of Ananias and Sapphira was not temporal but spiritual ; so did Peter kiM them not judicially, that is, as a temporal judge ; but spiritually, that is, by the power of thp Spirit, which Spirit wrought by him, not as by a judge, but as a minister. And although tl is act of Peter was extraordinary for a singular example ; yet, let any prelate with the like power of Spirit so do, and none will blame him.
(M) And so likewise the condemnation of Paul against the Corinthian, was only spiritual and not temporal.
(15) " Must be referred to the order," &c. Clirist would have these causes to be referred to the hearing of the church, for spiritual admonition, but not for the temporal jurisdiction of the prelates.
(16) All things that the true church doth truly bind are bound, I grant: but first let the pope prove his church to be the true church, and himself to be the universal head thereof, and then let bim claim the keys.
TO LORD Peter's oration. C21
church bindetli, is bound ; there is nothing that tlie church may not loose and French bind. Or by logic, thus I may reason : there is nothing bound by the cluuxli, ^'"'"'■v- that is not bound in heaven ; which argument is good by a certain nde of logic, ^ ^^ which saith, that contraries, if a negative be put after the one, become equivalent; J329'.
thus, 'every thing' and ' nothing,' ' whatsoever thing' and ' no manner of thing,' U-
be contrary one to the other ; and yet ' nothing not,' is the same as ' every thing.' Secondly, I do prove it out of another text of Luke [chap, x.xii.], which place he alleged to make for his purpose ; but I will strike him with his own weapon ; for where he said. That by the two swords the two powers, temporal and spiri- tual, were to be understood;" it was so indeed: but to whose hands would he, I pray you, have these two swords committed ? Truly to the hands of Peter and the other apostles, &c. But the holy father the pope succeeded Peter and tlie other apostles, the bishops, disciples, curates, parsons, as in the Gloss appear- eth [Luke x.], whence I argue thus : that by the two swords, the two powers are meant ; but Christ willed those two swords to be put into the church's hands : ergo, likewise the two powers. But you may reply and say, that Christ did reprehend Peter because he struck with a temporal sword and cut off an ear, saying luito him, " Put up thy sword," S;c.i* Which reason is of no force ; for Christ did not will Peter to cast away the sword quite fi-om him, but to put it into the scabbard and to keep it, giving to understand thereby, that such power, although it be in the church's hands, yet the execution thereof (as ap- pertaineth to bloodshedding in the new law), he would have to appertain to the secular judge : yet, perhaps, according to the discretion and will of the cJergy. Thirdly, I prove this by the intent of St. Paul [1 Cor. vi.], where he saith, that " they which have secular business, and contend one against another, ought to be judged by the saints." And that they should judge therein, he made this argument: " Know you not that the saints shall judge the world?"" And if the world be judged by you, are ye not good enough to judge small trifles ? As thougli he would say. Do ye not know how that ye shall judge the angels? How much more then may you judge things secidar? And it foUow- eth ; " If you have judgment of secular and worldly matters, take them who are despised in the church and congregations, and make them judges." Neither doth it make any tiring against it, because the apostle in the same place infer- reth, " I say it to your shame;" for that is to be referred to those, where he saith, " Appoint those v/hich are despised." Wherefore the apostle speaketh ironically in this matter, as meaning thus : Sooner and the rather you ought to run to the judgment of the despised who be in the church, than to the judg- ment of those who be out of the chmxh : ergo, the rather to resort to the judgment of the wise, who remain in the church and congregation. W^herefore the apostle by and by added, when he said, " I speak to your shame : what, not one wise man amongst you that can judge between brother and brother ?" Meaning thereby, that there were some. By these, therefore, and many other like reasons, which for brevity I omit, it appearq^h that both the powers may- be in an ecclesiastical man's hand: and that an ecclesiastical man is 'capax,' both of tlie temporal and spiritual jurisdiction. Nor is it any matter if it be objected, that Peter, and other apostles, and Christ himself, used Httle this tem- poral power : for in them there was not the like reason,^" as now there is in us, as is proved in the 12 Qucest. 1. cap., and in many other places of the law." The apostles at first took no receipt of lands and possessions, but the price only thereof ;" which now the church, with very good reason, doth receive, and that to the great merit both of the giver and oflferer, as it appearetli in Constantine and others ; in the which aforesaid chapter the reason of diversity is well proved, for that the apostles did foresee, that the church should be among Gentiles, and not be only in Judea, &c. And further, at the beginning, Christ and his apostles
(17) The two swords do as much signify the two regiments, as do tlie two fishes wherewith Christl did feed four thousand persons.
(18) Christ liade Peter put up his aword, and not east it away: Ergo, the church may have the temporal sword. Answer : God give you good morrow, I have brought you a capon.
(19) " Know ye not that the saints," &c. Answer: St. Paul here willing the Corinthians to plead their matters, not before the heathen, but before the saints, meaneth the faithful of the congrega- tion, not only prelates.
(20) "In them there was not the like reason," &c. Answer: I grant that Christ and true Christians is one thing; antichrist and his church is another thing.
(21) Decreti Pars ii. Causa xii. quaest. i. cap. 15. " Futuram."
(22) As ye say, the apostles had no leisure to take lands and possessions for preaching, but nov for lordly loitering you have leisure enough.
s s 2
G2S ANSWKU OK THi; I'Kia.ATES.
French were wholly intent on our salvation, and on conversation and teaching, and little
iii.iory. stood on the exercise of any jurisdiction whatever, having regard to tiiat which
. jx is written in 1 Corinthians, chap, vi., " All things are lawful unto me ; hut
y.\.)Q all things are not expedient;" and also to that we read in Ecclesiastes, [cha]).
!J11I_ iii.] " To every thing there is a time." But now, tlirougli tlie grace of God,
the whole people of the realm of France have suhmitted tlicinselves to tlie christian faith ; worthily therefore the church is occupied about administering justice, and jninishing vice ; for " peace shall be the work of justice," Isaiah xxxii. ; for in these judgments this only is aimed at, that the life of man be reformed. Thus you see how this our conclusion somewhat resteth on the law of God. rroj..-iiion Now will I prove it by natural law and reason : and first after this manner ; hviiniural 1,^ scemeth most fit to play a judge's part, who is nearest to God;^^ for pm- rea>"ii"' perly God is the ruler and director of all judgments, who sailh [Prov. viii.] " By me law-makers decree just things:" but ecclesiastical persons are nearest to God, for that they be elected to be a peculiar peojjle unto God, whereof it is said, 1 Pet. ii., " Ye are a chosen generation, a royal priesthood, a holy nation, and a peculiar people, that ye should show forth the rirtucs of him that called you," &c.-^ J^'i/o, It is most fitting that the church should sit in judgment on temporal causes. Moreover, secondly, none doubteth, but that the cognizance of sin belongeth to ecclesiastical persons ; wherefore since such causes be not with- out sin of the one party, it is evident that the church may have cognizance thereof. Also, whoever hath power to judge of the end, hath also power to judge of things ordained to the end ; for the consideration of the things ordained to the end, riseth of the end. Since therefore the body is ordained for the soul, and temporal things for spiritual, as their end; the church which doth judge of spiritual things, may well judge of temporal things also. All which is sufficiently proved in the Extra De Judiciis, cap. " Novit." It is also confirmed by the fact tliat the accessary followeth the nature of the principal ; which appearcth suffici- ently by example. P'orasmuch, therefore, as these two jurisdictions he compared to two luminaries, that is to say, to the sun and moon, and the whole brightness of the moon, both formally and virtually, is from the sun and in the sun, and not the brightness of the sun from the moon or in the moon; it is plain that the spiritual jurisdiction, which is compared to the siui, hath in it, both formallv and virtually, the jurisdiction temporal, which is compared to the brightness of the moon, and not contrary. Many other reasons might be adduced ; but I omit them for brevity' sake. Probation Tiiirdly, 1 prove it by the civil law, wherein it is said, " If a secular judge be hy civil suspected, let the bishop of the city be joined unto him; but if he be negligent, then let the whole judgment be referred to the bishop." (Auth. Collatio vi. tit. xv. " Utdifferentes."c. "Sitamen.") In like mannerTlieodosius the emperor enacted a law, that " whosoever commenced a suit in any kind of matter, whether at the beginning thereof, or in the course of the suit, or when the matter comefh towards a conclusion and even to sentence ; if the plaintiff choose the court and jurisdiction of the holy see, there without any doubt, though the defendant resist, must the cause be argued and determined by the bishops." Which law afterwards Charlemagne, who was king of France, confirmed in these words, " We will and conmiand, that all, as well Romans as Frenchmen and others, who are either by law or custom subjected under our dominion, be hence- forth bound and charged to keep this for a perpetual law ; ' That whosoever commenced a suit,' &c. as is above mentioned (Causa xi. quiest. i. cap. 35. "Quicunque litem," et capp. 3G, 37). But you will say perhaps, that that law is abrogated, as the gloss seemeth there to imply. But all will not serve ; for although that law is not introduced into the Corjnis Juris, yet for all that
(23) " He seemeth most fit to play a good judge's part who followeth nearest to God." Ecclesiasli cal persons follow next God. £rgo, Prelates of the clergy are most meet to bear temporal rule. — Answer : If God here be taken for that god, which is called the belly, I grant they seem to follow nearer, lint if it be taken for the true God, not I, but their own fruits, life, and doctrine shall decide ; and Isaiah also would deny their minor, and say, that this people draweth near to me with their lips, but their heart is far from me.
(21) " Vou are a chosen generation, a royal priesthood, &c. — Answer : This place of Peter was written not only to persons ecclesiastical, but to the whole congregation of the saints dispersed, as the wonts folloning may declare: " Qui eratis quondam non populus," Src.
TO LORD PETEIl's OUATION. C,';!0
it is not abrogated. Nay, it is an honourable privilege granted to tlie whole Frencft universal church, which the emperor cannot take away, no more than any other Hi'iory. liberty of the church, according to the decree, "Ego Ludovicus." Also this . . privilege is confirmed by the canon law (Extra De judiciis, c. " Novit."). ij-xi
Moreover it seemeth to be confirmed by the civil law (Codex, " De Sacro- ;^2i:_
Sanctis Ecclesiis," cap. " Privilegia"), although it be not there expressly, but generally nam6 pertain to ecclesiastical persons. By the canon law in like manner, in places Probation infinite (Distinct. 22, cap. " Omnes patriarchie ;" Causa ii. qufest. 5, " Si quis-''^ ^3"°" Presbyter ;" Causa xi. quasst. 1. " llelatum;" Distinct. 95, cap. " Ecce." Extra De Judiciis, c. " Novit." De competenti foro, cap. " Licet ;" et multis aliis).
Yea and further, the canon law so far proceedeth, that whosoever goeth about Probation to interrupt or hinder any, having such jurisdiction by custom only, incurretli ''^ '^"^" sentence i/?«o/«c^oof excommunication (Sexti, tit. xxiii. de immunitate Eccles. cap. " Quoniam ut intelleximus"). Which is most plain with regard to notorious and approved custom, time out of mind, in the days of the good and christian princes, where to violate such custom, it is plain sacrilege. (2 Qua^st. 1 Tit. i. &c. 2.) For by the law, custom winneth and gaineth jurisdiction, especially to him that is 'capax' thereof: yea and furthei", custom, time out of mind, is amongst all persons reckoned in lieu of statute law. Now, seeing the church of France hath been used, with the temporalty, to take cognizance both in actions personal and real touching the church, it is plain, that such custom winneth jui'isdiction to it. Ergo, ^-c. But the lord Peter avouched, that the custom could not prevail in this case, because here lacked true dealing. Besides, the said right is called impre- scriptible, for that it is 'jus fisci." But this maketh nothing against us; for the church of France rather challengeth this right by custom than by prescription ; which custom seemeth rather to be brought in by the free will and election of the people, frequenting more the ecclesiastical consistories than the secular courts. Besides, this custom is the stronger, in that it hatli obtained in spite of judgment to the contrary (judicium contradictorium) ; for oftentimes, when the prelates had given their sentence, though the barons were not con^^enting thereto, yet this custom, I say, of the church hath been confirmed by the kings of France, your predecessors, and so peaceably obtained by the church.
And yet may the church challenge this by prescription, for that there are probation but three things which are required in prescription ; that is to say, title, true by pre- dealing, and continuance of time. But it is certain that the church ever had a ^'^^'■'P''""- good title, as for instance the privilege granted by Theodosius the emperor, and l^'^^^ confirmed by Charlemagne, who gave in commandment tc keep the same in- pertain- violably. It hath title also by divine, natural, and human law, as is before '"Ktopre- alleged. Wherefore it must needs have true dealing, when so many great rTim'lus. and clear titles are known to concur thereunto. Also there concurretli such 2. Bona continuance of time, that even against 'jus fisci' it is prescriptible : for it hath o''^^' not only continued for the space of a hundred years, but also more than six porum hundred years last past. Neither is it true, that this right is inprescriptible, ci'inua- especially by the church, which, so far as appertaineth to spirituals, is not subject to the king, but is much more noble ; even as the sun is more noble than the xi,^ moon, gohl than lead, and heaven than the earth. But it is certain that an church equal or greater may prescribe right against his equal or inferior ; as one king ""' *"''" _ may do to another. Wherefore it appeareth that the church may prescribe king." this, although it were 'jus fisci,' as indeed it is not.
Finally, This is proved by privilege granted by Charlemagne, king of France, Probation as before stated, and by St. Louis, and by Philip your uncle, and by Louis and ^y priv' Philip your kinsmen, kings of France, which ^privileges we have here ready ^°V to show. But perhaps you will say, that it cannot be, that the ch.urch hath-.tion*'^ this jurisdiction both by law, custom, and privilege, seeing these three cannot well stand together; for if the church have it by one of these, it should follow that the church lacketh it by another. To this it may be replied in two Answer, ways; first, that privilege may be twofold, either as bringing in a new right, and thus it cannot be reconciled ; or, as confirmative and declarative of an old right ; and this may well agree ; which distinction may also take place in custom. Wherefore it may thus be answered, that although this jurisdiction is
630 ANSWER or THE PHELATES
Fmch due unto the church by law, it appertaincth also unto the same by privilege
■""'o'^!/- and custom, but yet not by sucli kind of custom and privilege which induceth a
^ J) new right :but which ded'arcth and confirmeth the old. And if any will reply,
1329
1- otiier churches in other realms, which have no such prerogative; I can soon
Iruiich answer them, if the kings of Trance (whom (Jod with singular grace, honour king more j privilcire, far above all other princes, hath blessed and endued for three ihan sj)ecial causes, to wit, for tlieir great taitli and devotion unto God, tor their
others honour and reverence to the church, and for their good justice showed unto the thin^*!* people) have granted to the church special liberties, or have permitted those