the Church into bondage pronouncing they rather ought to haue vndergone all dangers then euer to giue the least way to such an vtter ouerthrowe of God Almightyes lawe and moreouer sayd assuredly in this rabell so abhominable which hath bin heere both read and heard there is nothing at all to bee allowed as good somethinges only may bee indured for the Church in a sorte to tollerate but the greater parte as reprobate by the ancient and authenticall counsells haue bin euer condemned being directly contrary to the holy constitutions And thus did the Lord and Pope in the open presence of them all reproue and sentence these to bee heereafter euer by the Church condemned These they are and thus sett forth as wee find them recorded in the aforesayd booke of the Vatican together with the addition of condemnation or tolleration according to the censure of Pope Alexander But I feare least the intermingling of wordes and termes only proper to the English should by reason of their obscurity seeme to the reader darke and difficult to vnderstand which are thus recyted The customes of England propounded at Claringtonne 1. Concerning the aduowson and presentation of Churches if any controuersie thereupon ariseth beetweene laymen or beetweene Clearkes and lay-men or beetweene Clearkes and Clearkes let the cause bee pleaded and determined in the Courte of our lord the kinge This did the Church of Rome vnder Pope Alexand. the III. condemne With. this note are they deliuered in the end of euery artickle beeing taken out of the sayd booke of the Vaticane and inserted in the conclusion of the Quadripartite history alià s Quadrilogus the Cronickles of S. Thomas Cronickles of S. Thomas 2. Churches of our lord the Kinges fee cannot bee giuen for euer without assent and consent of his Maiesty This hee tolerated 3. Clearkes cited and accused vppon any cause beeing summoned to the kinges Courte shall appeare before the sayd Courte there to answere in such sorte as to the royall Court shal seeme conuenient for them to answer soe as the kinges Bench shall send into the Court of the holy Church to see vpon what ground the cause shall bee there handled and if the Clearke bee conuicted or doe confesse the Church ought not any longer to defend him This hee condemned 4. It is not lawfull for Archbishoppes Bishopes and Persons of the kingdome to departe the realme without our lord the kinges licence and if they will departe they shall at the kinges pleasure giue security neyther in their goinge staying or comming to compasse any euill or dammage towards our lord the kinge or his kingdome This hee condemned Ad Remanens which is think to the I law 5. The excommunicate ought not to giue assurance for remayning or answering the lawe neither bee sworne but only giue pledge and security to stand to the Churches iudgement and soe obtayne absolution This hee condemned 6. Laymen ought not to bee accused in the presence of the Bishop but by testimony of certaine and lawfull witnesses so as the Archdeacon may not lose his right nor any thing which should thereby acerewe vnto him and if the accused bee such as no man will or dare accuse them the Shyreefe beeing required by the Bishop shall sweare 12. lawufll men of the neighborhood or village before the Bishop to lay open the whole truth according to their conscience This hee tolerated 7. No man who houldeth of the king in cheyfe nor any of his Maiesties househould seruantes shall bee excommunicated nor their landes made subiect to interdiction vnlesse our lord the kinge if hee bee within the land or his Lord-cheife iustice if his Maiestie bee out of the Realme bee first made priuy thereof that hee may therein determine of the delinquent according to right whereby such matters as appertaine to the kinges Court may bee there iudged and what beelongeth to the Ecclesiastical courte returned thither there to bee ended This bee condemned 8. As touching appeales if they arise men ought to proceede from the Acrhdeacon to the Bishoppe from the Bishop to the Archbishop and if the Archbishop faile to execute iustice they ought for theire last refuge to flie to our lord the king that by his commandement the controuersie may bee determined in the Archbishops Courte so as they shall not attempt any farther without the kinges assent This hee condemned 9. If there arise any controuersie beetweene Clearke and a lay-man or contrariwise about any tenement which the Clearke claymeth to bee held in free Almes the lay man in laye fee it shall bee determined beefore the lord cheife iustice according to his discretion in the kinges Bench by the verdict of 12. lawfull men whether the tenement appertayneth to free Almes or to the lay fee and if it bee found to bee free Almes then shall it bee pleaded in the Ecclesiastical court and if of a lay fee then vnless both parties auow the same to bee helde of one selfe same Bishop or Baron the plea shall bee ended in the kinges Bench but if both of them make their auowry of land helde of one selfe same Bishop or Baron then shall the plea remayne in the court of the said Bishop or Baron Allwayes prouided that hee who was first seyzed loose not his seyson by reason of this recognition This hee condemned 10. Any man of citty castle Borough or the kinges Demeasne mannor beeing cited by the Archdeacon or Bishop for any offence wherein hee is bound to answer him and will not giue satisfaction vpon his citation it shall bee lawfull for him to subiect the offendor to interdiction but not to excommunication beefore the kinges cheife officer of the place bee first acquainted therewith that hee may adiudge the offendor to make satisfaction wherein if the kinges officer bee defaulty hee shall fall into his Maiesties mercy and then the Bishop may after punish the accused with Ecclesiasticall censures This hee condemned 11. Archbishoppes Bishoppes and all Persons of the kingdome who hould of the kinge in cheife and haue possessions in his dominion as a Barony shall in reguard therof answer to the kinges iustices and officers and followe and performe all royall customes and rightes and ought to sit with the other Barons in the kinges courte vntill the iudgment come to losse of member or life This hee tolerated 12. When an Archbishoppricke Bishoppricke Abbacy or Priory of the kinges DominioÌ„ shall fall voyd or ought to be in his Maiesties haÌ„des hee shall receaue all their rentes and reuenues as those of his owne royall dedemeanes and when time commeth to prouide princiâ—all persons of the Church and the election ought to bee made in his owne chappel by his royall assent and the counsell of such Persons appertayning to his Maiestie as hee shall call to perfect the same and the Prelate elected shall there doe his homage and fealty to our Lord the King as his Leige Lord of life member and earthly honor sauing his order before such time
breath of life shall last in this our body But hauing hitherto flowed in delights that you may heereafter learne to bee as you ought the comforter of the poore neither yet can you bee taught that lesson but by the instruction of pouerty it selfe the mother of Religion wee haue heere thought good to commend and commit you ouer to the poore of Christ I meane this Abbot of Pontiniack for hee was there of purpose present not I say to receaue sumptuous but simple education as best beefitting a banished man and Christes Champion Among whom it behoueth you with a few and those necessary attendantes the rest of your followers beeing distributed among your freindes to conuerse for a tyme vntill the day of consolation shall beegin to dawne and the season of peace shall from aboue descend vpon vs. In the meane while bee of a constant courrage and manfully resiste such as disturbe tranquillity Thus far Alexander and soe the assembly was dismissed Saint Thomas departing went away with the Abbot of Pontiniack where willing to liue among the Monkes in a Monastical habit hee desired the same might bee sanctify'd with Pope Alexander's blessing and cloathed therein hee perseuered a Mōke among the Monkes absolutely obseruing all the rules of Monasticall perfection But what the kinge did when hee heard heereof you shall not only see reader but maruaile thereat To the open iniury of Pope Alexander then resydent at Senon in Frāce hee published new artickles worser then the first which hee commanded to bee obserued in his Prouinces beeyond the seas beeing Aquitayne and other places vnder his subiection and among other letters hee directed one concerning the same to the Bishop of Poyteeres who as he wittnesseth in his Epistle to sainct Thomas receaued it after the feast of the Apostles Lib 1. Epist 1. Idem postea Epist 16. And what these Edictes were is heere to bee layd downe out of the sayd booke of the Vatican where wee read in this wise These are the Constitutions which King Henry ordayned in Normandy and gaue in command to his Iustices 1. If any man bee found carrying our Lord the Popes letters or the Archbishop of Canterburies mandate contayning Interdiction of Christianity into England let him bee apprehended and iustice without delay executed on him as a traitor to the king 2 Moreouer let no clearke nor Monke nor conuertite nor any of any conuersion bee suffered to passe ouer the seas or returne into England vnlesse hee haue letters of iustice for his passage and the letters of our Lord the kinge for his returne if any man bee found to doe otherwise let him bee apprehended and imprisoned 3. Let no man appeale to the Pope or Archbishop 4. That no plea bee held by the commandement of the Pope or Arch-bishop or any Mandate of theires receaued in England of any man if any one bee found doeing otherwise let him bee apprehended and imprisoned 5. It was also generally forbidden that no man should cary any Mandate of Clearke or Lay-man to our Lord the Pope or Archbishop if such should bee found let him bee apprehended and imprisoned 6. If Bishoppes Clearkes Abbottes or Lay-men will defend any sentence of interdiction let them and all theyr whole kindred without delay bee banished the land in such wise as they carry none of theyr chattells with them 7. That the chattells of all such as fauour the Pope or Archbishop and all the possessions of them and all such as appertayne to them of what degree order sex or condition soeuer they are bee seized and confiscate into the soueraigne hand of our Lord the king 8. That all Clearkes who haue rentes in England bee admonished through-out all countryes that within three monthes they returne into England to theyr rentes if they loue theyr rentes and if they retourne not at the appointed time let theyr rentes bee seized into the kings handes 9. That saint Peeter's pennys bee not payd any more to the Apostolike Sea but carefully gathered and reserued in the king's treasury and disbursed at his commandement 10. That the Bishoppes of London and Norwich bee at the mercy of our Lord the king and summoned by the Shyriffes and Bayliffes to appeare before the kinges Iustices to satisfy the kinge and his Iustices for that contrary to the statutes of Claringtonne they interdicted by the Popes commendement the landes of Earle Hugh and diuulged the excommunication which our Lord the Pope pronounced against him in theyr parishes without the kinges Iustices Hetherto are the kinges constitutions which were sent into Normandie Nor yet king Henry contented heere withall for the hatred hee bore to saint Thomas caused the whole estate of the Saint and his followers to bee confiscate and all his kindred and familiar freindes to bee transported out of England and sparing neither sex nor age made an exceeding showe of extreme cruelty All this is declared at large in Quadrilogus a booke compiled of saint Thomas And all this was written to him by one affected to the kinge yet detesting this tyranny vnworthie soe great a Prince And beecause sainct Thomas himselfe was not able to relieue the miserable necessityes of soe many distressed persons hee deuised to send thē into Cecill to bee there mayntained where they were receaued by Margarete Queene of that Iland a right pious woeman Moreouer the Archbishop of Siracusa beecame their good benefactor both which by letters saint Thomas gratefully thanked But this soe great a cruelty beeing not able to satisfy the kinges inraged mynd Lib. 1. Epist 27. 28. hee wrought beesides by decree to depriue sainct Thomas of Spirituall benefittes commanding that noe man vnder his Episcopall iurisdiction should presume to pray for him This William witnesseth in Quadrilogus Now concerning sainct Peeters pennyes Concerning the forbidding of paying S. Peeters pennys which were appointed by Pope Alexander to bee gathered by two Priors of the Cistercians who gaue it ouer and durst not gaynesay the kinges commandement to the contrary Peeter of Bloys one tf his Maiesties courte plucking vp a couragious spiritt contested with his Soueraigne and enforced him to leaue the payement thereof free to his Holines and this himselfe witnesseth in his inuectiue against the deprauer of his actions with these wordes I speake not this for vaine glory but for refutation of thyne impudency for thou art transformed vnto the browe of an harlot by the testimony and affirmation of very many peeres of England King Henry of worthy memory did once cōcerning the collection of the pennys of saint Peeter not induring then to bee won by intreaty or recalled by reason inueygh exceedingly against two Priors of thyne order no man durst oppose himselfe on the contrary parte I only attempted to make a breach and way for them and in time of wrath beecame their reconciliation At myne instances God assisting his royall hand full often poured out bountifull and magnificent almes and to this day the Church of
Tusculan who of a follower of Alexander beeâ—ame now his faiâ—hles enemy in showe consecrated but â—n deede execrated Octauian Neyther had Octauian as â—imselfe afterwards openly professed attempted a sinne â—oe heynous as this against the Church of God had hee not â—in thereunto animated by the fauour and power of the Emperiour Octauian animated by the Emperor to this scisme for there was sufficient proofe that hee was â—estrayned by an oathe of fealtie not to attempt the Popedome In this turbulency of the state Pope Alexander first of â—ll found Palatine Otto and Guido Blanderan the Emperours Embassadors to Pope Adrian though they knewe their Maisters affection to Octauian and his distaste of the Romane Pope yet faynedly dissembling with him These â—hinges thus passing Alexander neuerthelesse with the Counsell of the Cardinales sent his Nuntios with letters to the Emperour beeing then in Lumbardy at the siege of Crema Pope Alexander seeketh the Emperours fauour seeking with all patience and humility to reclayme him who swollen with pride contemned to reade the letters and had not Duke Welphus the Duke of Saxony disswaded him hee had in his madnes hanged the Nunâ—ios The Emperours conceaued cruelty against the Pope and Cardinales and although at the instance of the Dukes hee admitted them in the end and did reade the letters yet hee afforded them no fauourable answere The relation of this sâ—ysme thus arysing vpon Adrians death beecause it soe much disturbeth Christendome I translated as I found it 〈◊〉 the Annales of Cardinall Baronius alleaged out of the â—â—oke of the vatican what followeth I will abridge Alexander heereupon excommunicated Octauian and all sâ—ch as should assist him in his counterfet consecration Octauian and his complices excommunicated hâ—uing giuen them first eyght dayes warning for reformation of their error Hee wrote moreouer his letters to the â—â—shop Cleargie and vniuersity of Bononi beeing men 〈◊〉 speciall accompt for vertue and learning and as it is to bee thought to sundry other Churches to declare the truth of his election and Octauians reprobation all which puctually agreeth with the former relation Octauian on the other side beeing instaled in his vsurped place Octauian by letters fortifyes his vsurpation not vntike the diuell who endeauoureth to bee adored as God assuming to himselfe the name of Victor and facing his letters with apparant lyes wrote especially to the Emperour and his inward fauorites as vpon whose power his calling beeing not from God but man hee principally relyed and also to others signifying his election or rather inuasion where vnder a formal showe of sanctity hee flattereth the mighty to compasse his ambitious endes Soe likewise his Cardinals encreased now as it seemed with the number of two more in all fire as the spirits that fell with Lucifer following Octauian sent euery where their circuler letters which to showe they sauoured not God but flesh were especially grounded vpon the league concluded in the tyme of Adrian with the king of Cecill of which beefore and hereupon diuision arysing among the Cardinales was the cause of Alexanders election maintayning by falshoodes what they wrongfully gott Octauians faction in their owne letters confute themselues wherein although they vntruly multiply Octauians Cardinales from two to nyne yet they are enforced to confesse that fowerteene concurred in the choyse of Alexander and soe beeing inferiour not only in vertue but also in number they establish with their owne wordes the truth of Alexanders title which they soe wickedly opposed Count Otto with armes inuadeth the Popes dominion The Cardinalles appeale to the Emperour against Otto For now Otto Count Palantine first of all for the aduancement of Octauian and the Popes ouerthrowe entred violently into Campanie and the Patrimony of saint Peeter seeking to subdue it whereupon the whole colledge of Cardinalles excepting these scysmatickes sued for redresse to the Emperour the cheife fountaine of this mischeife But noe iniustice is soe great as that which is shadowed with a coulour of iustice which the Emperour practised for vnder a pretence of piety to determine this greate controuersy and conclude an vnion The Emperour summoneth AlexaÌ„der and OctauiaÌ„ to a counsell hee summond Pope Alexander and Octauian to a counsell alleaging thereof the examples of Iustinian Theodosius and Charles seruing nothing to his purpose for these Emperours were freindes not foes to the Church as Frederick had now proued himselfe they likewise summoned these Counsells vpon the Popes perswasion or the Pope at the least assenting thereunto but Alexander neyther persuaded nor assented lastly matters were there controuerted not concluded as Alexanders election was Thus Frederick with the Counsell of the impious would haue aduanced Octauian to serue not God but his owne turne Hereupon hee sent his Embassadors the Bishopes of Prage and Verdun with letters to the Pope styling him only Rowland the Chancellor imperiously commanding him and the Cardinales to appeare at a Counsell held at Pauy vpon the Octaues of the Epiphanie to receaue his sentence from the Cleargie there assembled The Emperour summoneth all adiacent kingdomes to appeare at his counsel to bee held at Pauy Hee likewise wrote to all the Bishoppes not only of the Empire but also of France England Spayne and Hungary enioyning them all to bee then and there present to decyde this controuersy the finall sentence whereof in his first letters hee reserued to himselfe but after beeing by some of more vnderstanding better instructed hee left that to the Cleargie In the meane time thinking to make voyd the priuiledge graunted by God vnto his Church and to dispose of the Papacy at his owne pleasure not as an aduocate and defendor but as the supreme iudge of the Church his Embassadors tracing the stepes of their Masters pride came to the Pope at Anagnia The Emperours Embassadors vse no reuerence to the Pope where in the presence of the Cardinalles and a great assembly of the Clergie and Layetie they sate downe giuing him no reuerence at all and there in his pallace deliuered their embassage showing their Lordes commission authorized with his golden seale commanding the Pope and Cardinalles on the Churches beehalfe to appeare at Pauy beefore his presence The Emperour styleth Octauian Pope and AlexaÌ„der Rowland the ChaÌ„cellor Whereupon the Pope and Cardinalles discouered on eyther side apparant dangers heere threatning persecution of a mighty Emperour there the ruine of the Churches liberty againe hee named in his letters Octauian Pope and Alexander but Rowland the Chancellor neuerthelesse in the end the zeale and grace of God dispersing theyr feares they resolued all in defence of the Churches liberty and vnity and for they re obedience to the Pope if occasion were to sacrifice they re liues The Pope and Cardinalles resolue to dye in defence of the Church The Emperours Embassadors instantly vrging them for an answere the Pope sayd That aboue all Princes they would honor the Emperour