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former state whatever had been done by us or by others after appeal made to us on presentation of his first letter. We did also, by our Apostolic writings, distinctly command you, that unless he should present himself before us, on the octave of Saint Martin, according to the form of our first commission, in such case, all obstacle of any gainsaying or appeal whatsoever removed, you were on no account to delay to proceed against him. But inasmuch as the before-named archbishop, abusing our patience, has neither come to the Roman Church, nor sent any proxy to excuse his absence, even when in our mercy, we made it our care to wait for him no small time beyond the period that had been appointed for him, although he seemed to have made confession as to the changes, in neglecting to appear before us, we have only thought proper to suspend him from the use of the pall, and from the execution of all episcopal duties, and from the administration of all matters, spiritual as well as temporal, and from the receipt of the revenues of the church of York, and of that province; that so, at least, coming to a proper sense, from the pertinacity of his iniquity, he may not require the censures of canonical severity to be exercised against him with still greater rigour. We do, therefore, by these Apostolic writings, command your discretion, and enjoin that you will publicly announce him as suspended by us throughout all the churches of the diocese and province of York, strictly enjoining all the clergy and laity of that province, in our name, not to presume to make answer to the said archbishop, or to his officers, in matters temporal or spiritual, until we shall have thought proper to come to some other determination as to the said archbishop. We do also command and will, that it shall be announced by you in the diocese of York, that, if any questions shall chance to be mooted between any persons, which ought to be determined by ecclesiastical decision, they are to take the same for the hearing of our dearly beloved son, Simon, the dean of York, to whom, in conjunction with the council of the canons residing in the same church, we both entrust the correction of the excesses of the clergy, and the decision of controversies existing between both clergy and laity, and humbly to receive his judgment, and strictly to observe the same. In addition to which, all provisions, which on the authority of our letters, before our second notification had reached you, you have prudently and reasonably made in matters relative to the said archbishop, both as to the restitution of what
has been taken away by him, as also other matters, we have thought proper to remain in force, as fully ratified by us; and we do command you, relying upon our authorization, to repair to the church of York, according to the tenor of our first letters, both for the purpose of enquiry into these evil reports, and for making restitution to the canons of the things of which they have been deprived, and to proceed therein, appeal or absence of the aforesaid archbishop, or any letters hitherto obtained to the prejudice of our first letters, notwithstanding. And further, on the authority of these presents, we do enjoin you, that you pronounce to be utterly null and void the sentence of excommunication pronounced upon certain canons, vicars, clerks, and servants of the canons of the church of York, by the said archbishop, after appeal made to us; taking care, however, for the sake of greater precaution, to absolve the said canons, and others named in the said sentence, by the authority of the Apostolic See. Also, all those who have rashly laid hands upon Benedict, clerk of the above-named dean, Walter, the priest, Richard de Semare, and the five clerks of Cavel, and other clerks of the church of York, or have commanded violence to be used against them, you are to pronounce, all power of appeal removed, to be placed under the ban of excommunication, until they shall have made fitting satisfaction to those who have suffered this injury, and have come, with the testimony of your letters, to the Apostolic See, for the purpose of there obtaining absolution. If all of you shall be unable to take part in carrying out these injunctions, then any two of you may carry out the same. Given at the Lateran, on the tenth day before the calends of January, in the fifth year of our pontificate.”
Accordingly, upon the authority of these letters, the officers of the archbishop of York were deprived, although Hubert, archbishop of Canterbury, the legate of the Apostolic See, had again given them leave to continue in performance of their duties, after having first suspended them because they had refused to entertain him at York, as legate. All power was, therefore, according to the tenor of the Apostolic mandate, handed over to Simon, the dean of York; and the king's servants put in the royal purse all the property and possessions of the said archbishop. In the
meantime, Hubert, archbishop of Canterbury, wrote to the officers of the archbishopric of York, to the following effect:
The Letter of Hubert, archbishop of Canterbury, to the officers of
the archbishopric of York. “Hubert, by the grace of God, archbishop of Canterbury, primate of all England, and legate of the Apostolic See, to his dearly beloved sons in Christ, the officers of the archbishopric of York, health in the Lord. We have received letters from our lord the pope to the following effeet :— Celestinus, the bishop, servant of the servants of God, to his venerable brother Hubert, archbishop of Canterbury, and legate of the Apostolic See, health, and the Apostolic benediction. On your part it was alleged, in our presence, that there are many in England who have assumed the cross of our Lord, in order that they might visit the sepulchre of the Lord, and give opportune aid to that holy land upon which had stood the feet of our Lord; and although they are in a position to be able to fulfil their vow, still
, to the danger of their souls, they are withholding themselves therefrom. There are some also, who, although they have assumed the cross, are still unable to fulfil the vow they have undertaken in such manner as they ought, in conse quence of poverty, infirmity of body, or other just cause. But, inasmuch as your brotherhood has thought proper to consult us with reference to what was to be done with these, we do, on the authority of these presents, give you for answer, and by these Apostolical writings enjoin you, that all those who have taken such vow as above-stated, and have means enough to enable them to do the same, unless they shall have a just reason to prevent them from so doing, you will, by ecclesiastical censure, all power of appeal removed, compel to perform the vow which they are said gratuitously to have made. But as to those who, through poverty and infirmity of body, or any other just impediment, are unable, as they ought, to fulfil a vow which they are known to have taken, we do will that when the truth as to these matters shall have been declared unto you, enjoining on them a suitable penance, you shall give them leave to remain; strictly enjoining them that, as soon as full liberty shall have been given them of carrying out their vow, they are without delay not to postpone doing the same. But as to those who, on account of infirmity, you shall be satisfied cannot possibly, under any circumstances, in their own persons fulfil their vows, let them send one fit and proper person, or more (according as their means will allow), beyond
sea, at their own expense, to serve for one year or more at their will, there to serve in obedience to Jesus Christ. Given at the Lateran, on the second day before the ides of January, in the fifth year of our pontificate.' Therefore, inasmuch as it is a perilous thing to vow and not to perform, since the result of vows that have been solemnly made and not performed, is both the
anger of the Lord, and the rise of offences in His house, we do, on the authority of the letter which we have transcribed, by our precept, conimand you forth with to make diligent and anxious enquiry throughout each parochial church of the archbishopric of York respecting those who, having assumed the cross for the purpose of repairing to the sepulchre of the Lord, have not performed their vow so made to the Lord; forbidding universally under threat of excommunication, that through the insane taciturnity of any person the truth shall be suppressed to the prejudice of this scrutiny; and after either their own admissions, or your unerring enquiries, shall have signified the names of each person, let the same, distinctly stated by a trusty messenger, be made known to us before the Lord's day on which is sung ‘Lætare Jerusalem.' 45 In addition to which, we do command and enjoin your discreetness, that, maintaining with constant zealousness the cause of Him who was crucified, you will try to prevail upon all such in the diocese of York, by means of charitable exhortations and frequently conversing with them thereupon, persuading them, under the form of advice, that they should faithfully fulfil what they have liberally promised, and that what they have vowed unto the Lord in the sight of all His people, they should perform with His prophet in the midst of Jerusalem, in the courts of the house of the Lord. And thus, by their voluntary sacrifices may the most High be appeased, and, their payments duly made, may the annoyance of these offences be nullified. You are also to advise the persons aforesaid, all and each of them, that they shall, as a sign of true devotion, before the day of our Lord's Passion next ensuing, reassume the cross which they have laid aside, and, bearing the same with reverence and veneration, protest by this outward sign against the perverseness by which they are inwardly enthralled ; and let them not from poorness of spirit be ashamed of that from which they will obtain full and abundant fruit. But if they shall rather despise warnings of this nature as vain,
45 “ Rejoice, O Jerusalem.” The beginning of the introit of the fourth Sunday in Lent.
or shall pertinaciously close their ears against listening to the same as obdurate, to the end that lawlessness may not be granted them by reason of their going unpunished, you are to take care to have it published by general notice, that all who shall not for the performance of their vow have resumed the cross which they had laid aside, within the time named, shall, at the ensuing Easter of our Lord, beyond a doubt be excluded from receiving the body of Christ and the communion of the faithful. But, in order that the words of such warning may not be thought or deemed to be frivolous, or to be wanting in due effect, we do will, and, by the Apostolic authority, command, that the aforesaid punishment shall, on the said day, be inflicted entirely according to the form, and quite as fully as is herein-before stated, upon all who shall show themselves contumacious. For in this way from the homely seed of rigour, it will shoot up hereafter as the fruit thereof, that the authority of prelates will be weighed with a truer balance against canonical severity ; 46 and those who shall be ready to rush into contempt, will be less audacious in expecting a full indemnity. Farewell.”
In the same year, after the feast of Saint Hilary, Philip, king of France, and Richard, king of England, had an interview at Louviers, where, after holding conference with their retainers, the following terms were agreed to: the king of France quitted claim to the king of England and his heirs, on part of himself and his heirs, of Issodun with its appurtenances, and of all right which he had in Berry, Auvergne, and Gascony, and gave him quiet possession of the castle of Arches, the county of Auch, the county of Aumarle, and many other castles which he had taken during the war. In return for this, the king of England quitted claim to the king of France of the castle of Gisors, and the whole of the Norman Vexin ; and that all these terms might be ratified, they determined between themselves on a penalty of fifteen thousand marks of silver, so that he who should break this peace, should pay to the other fifteen thousand marks of silver; and, as to the same, they found sureties on either side.
The king of France also demanded for himself Andely, & manor which belonged to the archbishop of Rouen ; and when he could on no account obtain it, he demanded fealty to be done
46 1. e. the rigour will be more on an equality with the authority.