“Laudabiliter” by Pope Adrian IV (translated into English by Ernest Flagg Henderson)

 

Bishop Adrian, servant of the servants of God, sends to his dearest son in Christ, the illustrious king of the English, greeting and apostolic benediction. Laudably and profitably enough thy magnificence thinks of extending thy glorious name on earth, and of heaping up rewards of eternal felicity in Heaven, inasmuch as, like a good catholic prince, thou dost endeavour to enlarge the bounds of the church, to declare the truth of the Christian faith to ignorant and barbarous nations, and to extirpate the plants of evil from the field of the Lord. And, in order the better to perform this, thou dost ask the advice and favour of the apostolic see. In which work, the more lofty the counsel and the better the guidance by which thou dost proceed, so much more do we trust that, by God's help, thou wilt progress favourably in the same; for the reason that those things which have taken their rise from ardour of faith and love of religion are accustomed always to come to a good end and termination.

There is indeed no doubt, as thy Highness doth also acknowledge, that Ireland and all other islands which Christ the Sun of Righteousness has illumined, and which have received the doctrines of the Christian faith, belong to the jurisdiction of St. Peter and of the holy Roman Church. Wherefore, so much the more willingly do we grant to them that the right faith and the seed grateful to God may be planted in them, the more we perceive, by examining more strictly our conscience, that this will be required of us.

Thou hast signified to us, indeed, most beloved son in Christ, that thou dost desire to enter into the island of Ireland, in order to subject the people to the laws and to extirpate the vices that have there taken root, and that thou art willing to pay an annual pension to St. Peter of one penny from every house, and to preserve the rights of the churches in that land inviolate and entire. We, there- fore, seconding with the favour it deserves thy pious and laudable desire, and granting a benignant assent to thy petition, are well pleased that, for the enlargement of the bounds of the church, for the restraint of vice, for the correction of morals and the introduction of virtues, for the advancement of the Christian religion, thou should'st enter that island, and carry out there the things that look to the honour of God and to its own salvation. And may the people of that land receive thee with honour, and venerate thee as their master; Provided always that the rights of the churches remain inviolate and entire, and saving to St. Peter and the holy Roman Church the annual pension of one penny from each house. If, therefore, thou dost see fit to complete what thou hast conceived in thy mind, strive to imbue that people with good morals, and bring it to pass, as well through thyself as through those whom thou dost know from their faith, doctrine, and course of life to be fit for such a work, that the church may there be adorned, the Christian religion planted and made to grow, and the things which pertain to the honour of God and to salvation be so ordered that thou may'st merit to obtain an abundant and lasting reward from God, and on earth a name glorious throughout the ages.

A.D. 1155.

 

 

Saturday's Good Reading; Statutes of William the Conqueror (translation by Ernest Flagg Henderson).

 

Here is shown what William the king of the English, together with his princes, has established since the Conquest of England.

 

1. Firstly that, above all things, he wishes one God to be venerated throughout his whole kingdom, one faith of Christ always to be kept inviolate, peace and security to be observed between the English and the Normans.

2. We decree also that every free man shall affirm by a compact and an oath that, within and without England, he desires to be faithful to king William, to preserve with him his lands and his honour with all fidelity, and first to defend him against his enemies.

3. I will, moreover, that all the men whom I have brought with me, or who have come after me, shall be in my peace and quiet. And if one of them shall be slain, the lord of his mvirderer shall seize him within five days, if he can; but if not, he shall begin to pay to me forty-six marks of silver as long as his possessions shall hold out. But when the possessions of the lord of that man are at an end, the whole hundred in which the slaying took place shall pay in common what remains.

4. And every Frenchman who, in the time of my relative king Edward, was a sharer in England of the customs of the English, shall pay according to the law of the English what they themselves call "onhlote" and "anscote." This decree has been confirmed in the city of Gloucester.

5. We forbid also that any live cattle be sold or bought for money except within the cities, and this before three faithful witnesses; nor even anything old without a surety and warrant. But if he do otherwise he shall pay, and shall afterwards pay a fine.

6. It was also decreed there that if a Frenchman summon an Englishman for perjury or murder, theft, homicide, or " ran "—as the English call evident raptj which can not be denied—-the Englishman shall defend himself as he prefers, either through the ordeal of iron, or through wager of battle. But if the Englishman be infirm he shall find another who will do it for him. If one of them shall be vanquished he shall pay a fine of forty shillings to the king. If an Englishman summon a Frenchman, and be unwilling to prove his charge by judgment or by wager of battle, I will, nevertheless, that the Frenchman purge himself by an informal oath.

7. This also I command and will, that all shall hold and keep the law of Edward the king with regard to their lands, and with regard to all their possessions, those provisions being added which I have made for the utility of the English people.

8. Every man who wishes to be considered a freeman shall have a surety, that his surety may hold him and hand him over to justice if he offend in any way. And if any such one escape, his sureties shall see to it that, without making difficulties, they pay what is charged against him, and that they clear themselves of having known of any fraud in the matter of his escape. The hundred and county shall be made to answer as our predecessors decreed. And those that ought of right to come, and are unwilling to appear, shall be summoned once; and if a second time they areunwilling to appear, one ox shall be taken from them and they shall be summoned a third time. And if they do not come the third time, another ox shall be taken: but if they do not come the fourth time there shall be forfeited from the goods of that man who was unwilling to come, the extent of the charge against him,—"ceapgeld" as it is called,—and besides this a fine to the king.

9. I forbid any one to sell a man beyond the limits of the country, under penalty of a fine in full to me.

10. I forbid that anyone be killed or hung for any fault, but his eyes shall be torn out or his testicles cut off. And this command shall not be violated under penalty of a fine in full to me.

 

Ordinance of William I., separating the Spiritual and Temporal Courts.

William by the grace of God King of the English, to R. Bainard and G. de Magnavilla, and P. de Valoines, and to my other faithful ones of Essex and of Hertfordshire and of Middlesex, greeting. Know all of you and my other faithful ones who remain in England, that in a common council and by the advice of the archbishops and bishops, and abbots, and of all the justices of my kingdom, I have decided that the episcopal laws, which up to my time in the kingdom of the English have not been right or according to the precepts of the holy canons, shall be emended. Wherefore I command, and by royal authority decree, that no bishop or archdeacon shall any longer hold, in the hundred court, pleas pertaining to the episcopal laws, nor shall they bring before the judgment of secular men any case which pertains to the rule of souls; but whoever shall be summoned, according to the episcopal laws, in any case or for any fault, shall come to the place which the bishop shall choose or name for this purpose, and shall there answer in his case or for his fault, and shall perform his law before God and his bishop not according to the hundred court, but according to the canons and the episcopal laws. But if any one, elated by pride, shall scorn or be unwilling to come before the judgment seat of the bishop, he shall be summoned once and a second and a third time; and if not even then he come to make amends, he shall be excommunicated; and, if it be needful to give effect to this, the power and justice of the king or the sheriff shall be called in. But he who was summoned before the judgment seat of the bishop shall, for each summons, pay the episcopal fine. This also I forbid and by my authority interdict, that any sheriff, or prevost, or minister of the king, or any layman concern himself in the matter of laws which pertain to the bishop, nor shall any layman summon another man to judgment apart from the jurisdiction of the bishop. But judgment shall be passed in no place except within the episcopal see, or in such place as the bishop shall fix upon for this purpose.

“In Nomine Domine” by Pope Nicholas II (translated into English by Ernest Flagg Henderson).

(a.) Papal Version.

In the name of the Lord God our Saviour Jesus Christ, in the year of his incarnation 1059, in the month of April, in the 12th indiction—the holy Gospel being placed before us and the most reverend and blessed apostolic pope Nicholas presiding, while the most I'everend archbishops, bishops, abbots and venerable priests and deacons assisted —in the church of the Lateran patriarch, which is called the church of Constantine, this same venerable pontiff, decreeing by apostolic authority, spoke thus concerning the election of the supreme pontiff: Ye know, most blessed and beloved fellow bishops and brothers—nor has it been hidden from the lower members also—how much adversity this apostolic chair, in which by God's will I serve, did endure at the death of our master and predecessor, Stephen of blessed memory: to how many blows, indeed, and frequent wounds it was subjected by the traffickers in simoniacal heresy; so that the columns of the living God seemed almost to totter already, and the net of the chief fisher to be submerged, amid the swelling blasts, in the depths of shipwreck. Wherefore, if it please ye brethren, we ought prudently to take measures for future cases, and to provide for the stace of the church hereafter, lest—which God forbid—the same evils may revive and prevail. Therefore, strengthened by the authority of our predecessors and of the other holy fathers, we decree and establish:

 

1.            That, when the pontiff of this Roman universal church dies, the cardinal bishops, after first conferring together with most diligent consideration, shall afterwards call in to themselves the cardinal clergy; and then the remaining clergy and the people shall approach and consent to the new election.

2.            That—lest the disease of venality creep in through any excuse whatever—the men of the church shall be the leaders in carrying on the election of a pope, the others merely followers. And surely this order of electing will be considered right and lawful by those who, having looked through the rules or decrees of the various fathers, also take into consideration that sentence of our blessed predecessor Leo. " No reasoning permits," he says, " that those should be considered as among the bishops who have neither been elected by the clergy, nor desired by the people, nor consecrated by the bishops of their province with the approval of the metropolitan." But since the apostolic chair is elevated above all the churches of the earth, and thus can have no metropolitan over it, the cardinal bishops perform beyond a doubt the functions of that metropolitan, when, namely, they raise their chosen pope to the apex of apostolic glory.

3.            They shall make their choice, moreover, from the lap of this (Roman) church itself, if a suitable man is to be found there. But if not, one shall be chosen from another church.

4.            Saving the honour and reverence due to our beloved son Henry who is at present called king, and will be in the future, as it is hoped, emperor by God's grace; according as we now have granted to him and to his successors who shall obtain this right personally from this apostolic see.

5.            But, if the perversity of depraved and wicked men shall so prevail that a pure, sincere and free election can not be held in Rome, the cardinal bishops, with the clergy of the church and the catholic laity, may have the right and power, even though few in numbers, of electing a pontiff for the apostolic see wherever it may seem to them most suitable.

6.            It is to be clearly understood that if. after an election has been held, a time of war, or the endeavours of any man who is prompted by the spirit of malignity, shall prevent him who has been elected from being enthroned according to custom in the apostolic chair: nevertheless he who has been elected shall, as pope, have authority to rule the holy Roman church and to have the disposal of all its resources; as we know the blessed Gregory to have done before his consecration.

 

But if any one, contrary to this our decree promulgated by a synodal vote, shall, through sedition or presumption or any wile, be elected or even ordained and enthroned: by the authority of God and of the holy apostles Peter and Paul he shall be subjected, as Antichrist and invader and destroyer of all Christianity, to a perpetual anathema, being cast out from the threshold of the holy church of God, together with his instigators, favourers and followers. Nor at any time shall he be allowed a hearing in this matter, but he shall irrevocably be deposed from every ecclesiastical grade, no matter what one he had previously held. Whoever shall adhere to him or show any reverence to him, or shall presume in any way to defend him, shall be bound by a like sentence. Whoever, moreover, shall scorn the import of this our decree, and shall attempt, contrary to this statute, presumptuously to confound and perturb the Roman church, shall be condemned with a perpetual anathema and excommunication and shall be considered as among the impious who do not rise at the Judgment. He shall feel against him, namely, the wrath of Almighty God, the Father, the Son and the Holy Ghost, and shall experience in this life and in the next the fury of the holy apostles Peter and Paul whose church he presumes to confound. His habitation shall be made a desert, and there shall be none to dwell in his tents. His sons shall be made orphans and his wife a widow. He shall be removed in wrath, and his sons shall go begging and shall be cast out of their habitations. The usurer shall go through all his substance and strangers shall destroy the results of his labours. The whole earth shall fight against him and all the elements oppose him; and the merits of all the saints at rest shall confound him, and in this life shall take open vengeance against him. But the grace of Almighty God will protect those who observe this our decree, and the authority of the blessed apostles Peter and Paul will absolve them from the bonds of all their sins.

I, Nicholas, bishop of the holy catholic and apostolic Roman church, have signed this decree promulgated by us as it stands above. I, Boniface, by the grace of God bishop of Albano, have signed. I, Humbert, bishop of the holy church of Sylva Candida, have signed. I, Peter, bishop of the church of Ostia, have signed. And other bishops to the number of 76, with priests and deacons have signed.

Nicholas II

Rome, 1059.

 

 

(b.) Imperial Version.

(The beginning and the ending of the imperial version are, with the exception of a word or two, identical with those of the papal. The differences are to be found in the numbered paragraphs. The cardinals in general and not only the cardinal-bishops are to be the prime movers in the election, and the emperor's share in their proceedings is largely increased.)

 

1.            (…) That, when the pontiff of this Roman church universal dies, the cardinals, after first conferring together with most diligent consideration—saving the honour and reverence due to our beloved son Henry, who is at present called king, and will be in the future, as it is hoped, emperor by God's grace, according as we now, by the mediation of his envoy W. the chancellor of Lombardy, have granted to him and to those of his successors who shall obtain this right personally from this apostolic see,—shall approach and consent to the new election.

2.            That—lest the disease of venality creep in through any excuse whatever—the men of the church, together with our most serene son king Henry, shall be the leaders in carrying on the election of a pope, the others merely followers.

3.            They shall make their choice, moreover, from the lap of this (Roman) church itself, if a suitable man is to be found there. But if not, one shall be chosen from another church.

4.            But, if the perversity of depraved and wicked men shall so prevail that a pure, sincere and free election can not be held in Rome, they may have the right and power, even though few in numbers, of electing a pontiff for the apostolic see wherever it may seem to them, together with the most unconquerable king, Henry, to be most suitable

5.                It is to be clearly understood that if, after an election, has been held, a time of war, or the endeavour of any man who is prompted by the spirit of malignity, shall prevent him who has been elected from being enthroned according to custom in the apostolic chair: nevertheless he who has been elected shall, as pope, have authority to rule the holy Roman church, and to have the disposal of all its resources; as we know the blessed Gregory to have done before his consecration. (…).