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524 [524]

K. Edw. 3. Contention in the church about priuilegies of the friers.

his churche to bee intangled and exercised some tymes with matters and cōtrouersies of no great importance. Either to keepe the vanitie of mens wits thus occupied from idlenes, or els to prepare their myndes by these smaller matters, to the consideration and searching out of other things more graue and weighty. Like as now in these our quenes dayes, we see what tragidies be raised vp in England about formes and fashions of Ministers wearings, what troubles grow, what placing and displacing ther is about the same: Euen so at thys time happened the lyke styrre about the liberties and priuilegies of the friers, which not a litle troubled and occupied all the churches and Diuines almost through Christendome. The which controuersie, to thentent it maye be better vnderstand (all the circumstances thereof being explaned) we wyll fyrste begyn from the originall and foundation of the matter, to declare by order and course of yeares, vpon what occasion this variance first rising, in continuance of time increased and multiplied in gathering more matter, and brast out at lēgth to this tumultuous contention among learned men.

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Concerning therefore this present matter, first it is to be vnderstand 

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The material on Innocent III and Honorious III which follows is from Bale, Catalogus, p. 235. Bale cites 'Omnes utriusque sexus', but does not quote it verbatim.

, that in the yeare of our Lord. 1215. vnder pope Innocent the. iij. was called a generall councell at Laterane, mētioned before. Pag. 332. in the daies of king Iohn. In the which councel among many other thinges, was constituted a certaine lawe or Canon, beginning Omnis veriusq; sexus. &c. MarginaliaCan. omnis vtriusque sexus, Sex. ex. de Pe & re.the tenour of whych canon in English is thus.

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Be it decreed, that euery faythful Christiā, both man & woman cōming to the yeres of discretiō, shal cōfesse him selfe alone of all his sins, to the priest of hys own proper parish, once in the yeare at least: and that he shall endeuour by his owne selfe to fulfill the penaunce, when soeuer he receaueth the Sacramēt of Eucharistie, MarginaliaNote here he calleth not the Sacrament of the altar. at least at the time of Easter. Oneles by the assent of his Minister, vpon some reasonable cause, for the tyme to absteine. Otherwise doyng, let him both lacke the communion of the Churche beyng a lyue, and Christian buriall when he is dead. Wherfore be it decreed, that this holesome constitution shalbe published customably in churches, to the end that no man of ignorance or of blindnes make to himself a cloke of excuse. And if any shall confesse him self to any other priest then of his owne parish vpon any iust cause, let hym aske and obteyne first licence of his owne priest: Other els, the other priest to haue no power to bind him or to loose him. &c.

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MarginaliaFrier Dominike in the tyme of pope Innocent 3. obtained not the confirmation of his order.In the tyme of this Innocentius, and of this Laterā councel, was Dominicke, the first autor and founder of the preachyng friers: who laboured to the sayd pope Innocent, for the confirmation of his order, but did not obteyne, in his lyfe tyme.

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MarginaliaThe order of Frier Dominke, first confirmed by pope Honorius. 3The next yere after this Laterane coūcel, dyed Pope Innocēt. an, 1316. after whom came Honorius 3. who in the first yeare of his Popedome confirmed the order of frier Dominicke, and gaue to him and his friers, autoritie to preach and to heare confessions, with diuers other priuilegies mo. And vnder this pope whiche gouerned. x. yeares, lyued Dominicke v. yeares after the confirmation of his order, and dyed. an. 1221. MarginaliaThe order of the Franciscanes, cōfirmed shortly after the Dominikes.About whiche yeare, the order of the Franciscane friers began also to bread and to spread in the world, through preachyng and hearyng confessions.

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MarginaliaThe Bull of pope Gregory in the behalfe of the Dominick Friers.After this Honorius, next folowed pope Gregory the ix. about the yeare of our Lord. 1228. who for the promotyng of the foresayd order of Dominickes, gaue out this Bull, in tenour as foloweth 

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Gregory IX's bull is taken from Matthew Paris' chronicle. (See Matthew Paris, Chronica majora, ed. H. R. Luard, Rolls Series, 7 vols. [London, 1872-88], vol. IV, pp. 512-17).

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Gregorius Byshop seruaunt of Gods seruauntes, to his reuerent brethren, Archbishops Bishops, and to hys welbeloued children, Abbates, priours, and to all prelats of churches, to whom soeuer these presentes shall come, gretyng, & Apostolicall blessyng. Because Marginalia* Iniquitie hath abounded at Rome.* iniquitie hath abounded, and the charitie of many hath waxt could: Behold, the Lord hath rased vp the order of our welbeloued children the preachyng fryers: who not sekyng thynges of their own, but perteinyng to Iesus Christ, to þe extirpyng as well of heresies, as to the rotyng out also of other pernicious pestilēcies: haue dedicate them selues to the preachyng of the Marginalia* Nay, to the preaching rather of mens traditions against the word of God. The Friers autorised to heare confessions & to inioyne penance.* worde of God. We therfore myndyng to aduaunce their sacrat purpose. &c. and foloweth: commaundyng you to see the sayd persones, gentlely to be receaued among you: And that your flockes committed to your charge do receaue deuoutly the seede of gods worde out of their mouth, & to confesse their sinnes vnto them, all such as lyste, whom we haue authorised to the same, to heare confessions, and to enioyne penaunce. &c. Dat. Perusii. an. pont. nostri. 8.

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This Pope Honorius dyed about the yeare of our Lord. 1241. after whom came Celestinus the iiij. and sat but xviij. daye 

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Foxe drew the material on Celestine V and Innnocent IV from Bale, Catalogus, pp. 238 and 288, although one should note that even Bale does not imply any connection between Innocent IV's death and his opposition to the mendicant orders.

s, then came Innocentius the iiij. and sat xi. yeares & vi. monethes. MarginaliaPope Innocent the 4 agaynst the Friers.Who although he began first to fauour the friers: yet afterward beyng altered by certein Diuines of vniuersities, prelats of churches and curates: debarred them of their liberties and priuilegies, & gaue out agayne preceptes and excommunications, as well agaynst the friers, as all other religious persons. And not long after the same he was dispatched.

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Innocentius beyng thus remoued out of the way, about the yere of our Lord. 1353: MarginaliaPope Alexāder the 4 vndoeth the actes of pope Innocent the 4 his predecessor.Thē succeded 

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This material on Alexander IV comes from Bale, Catalogus, p. 289.

pope Alexander the iiij. a great maynteiner of the friers, and sat vij. yeares. He reuoked and repealed the Actes and wrytynges of Pope Innocent his predecessour, geuen forth agaynst the friers: Wherwith the Diuines & studēts of Paris being not wel contented, stirred vp iiij. principal doctors: The first & chief captain was Gulel. de sancto Amore, mentioned before pag. 397. agaynst whome wrote Albertus Magnus, and Thomas Aquine. And at last he was condemned by this foresayd pope Alexander iiij. in the Extrau. Non sine multa. MarginaliaExtrau. non sine multa.The second was Simon Tornacensis, the third, Godfridus de Fontibus, the iiij Henricus de Gandauo. MarginaliaGul. de S. Amore, Simon Iornalensis. Godfridus de fontibus. Hōr. de Gandauo, foure champions against the Friers.These foure 
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Foxe draws some of this meterial from Matthias Flacius, Catalogus testium veritatis (Strausburg, 1562), pp. 408, 450-1 and 469, while he is also drawing on Bale, Catalogus, pp. 319 and 322. Foxe jumbles the writers listed here together, even though they wrote in different centuries. Also Guillaume of Saint-Amour was the sole author of De periculis novissimum temporum (1256), the anti-mendicant treatise under discussion.

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with other their cōplices, compiled a certeine boke agaynst þe beggyng order of friers both Dominicans, and Franciscans intituled, De periculis ecclesiæ, conteynyng xiiii. chapters. Wherof the 14. Whiche is the last, with 39. articles agaynst the friers we haue already translated and expressed. pag. 368. Beside these 39. articles, be other vii. articles moreouer to the said boke annexed, vnder the name of the students of Parish against the friers, prouing why the said friers ought not to be admitted into their societie. Whiche vii. articles because thei are but short, I thought here better to place, then to omit them.

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¶ Certeine Articles geuen out by the studentes of Paris, agaynst the friers, why they should not be admitted to their societie 
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These articles are taken from one of the MS copies of De periculis novissimorum temporum.

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Marginalia1
Articles of the students of Paris against the Friers.
FIrst we say, they are not to be admitted to the societie of our schole, but vpon our will and licence. For our companie or felowshyp ought not be coactiue, but voluntarie and free.

Marginalia2Secondly, we say they are not to be admitted, for so much we haue oft proued their communitie, manifold wayes to be hurtfull and incommodious vnto vs.

Marginalia3Thirdly, seyng they be of a diuers profession frō vs (for they ar called regular, and not scholasticall) therfore we ought not to be ioyned and associate together in one scholasticall office. MarginaliaConciliū Hispanium.For as much as þe coūcell of Spaine doth saye, thou shalt not plough with the Oxe, and with the Asse together. Whiche is to say: Men of diuers professiōs ought not together to be matched in one kynd of callyng, or standing, for their studies and conditions be disagreyng and disseuered frō ours, and can not frame or couple together in one communion.

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Marginalia4Fourthly we affirme, by the Apostle that they are not to be admitted, because they worke dissensions and offences: For so saith the Apostle Rom. vlt. We desire you bre

thren,
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