APPENDIX

CONTAINING CERTAIN HISTORICAL DOCUMENTS REFERRED TO IN THE PRECEDING CHAPTERS, OR BEARING ON SUBJECTS DISCUSSED 1. ORDINANCE OF WILLIAM I. OF ENGLAND 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 princes 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.

2-3. THE DISPUTE BETWEEN THE EMPERORS AND THE

POPES

(2, 3, 4 and 5 are reprinted by permission from Dr. Henderson's text in Select Historical Documents of the Middle Ages.)

For,

2. Henry IV's Answer to Gregory VII., Jan. 24, 1076 Henry, king not through usurpation, but through the holy ordination of God, to Hildebrand, at present not pope but false monk. Such greeting as this hast thou merited through thy disturbances, inasmuch as there is no grade in the church. which thou hast omitted to make a partaker not of honour but of confusion, not of benediction but of malediction. to mention few and especial cases out of many, not only hast thou not feared to lay hands upon the rulers of the holy church, the anointed of the Lord — the archbishops, namely, bishops and priests- but thou hast trodden them under foot like slaves ignorant of what their master is doing. Thou hast won favour from the common herd by crushing them; thou hast looked upon all of them as knowing nothing, upon thy sole self, moreover, as knowing all things. This knowledge, however, thou hast used not for edification but for destruction; so that with reason we believe that St. Gregory, whose name thou hast usurped for thyself, was prophesying concerning thee when he said: "The pride of him who is in power increases the more the greater the number of those subject to him; and he thinks that he himself can do more

than all." And we, indeed, have endured all this, being eager to guard the honour of the apostolic see; thou, however, hast understood our humility to be fear, and hast not, accordingly, shunned to rise up against the royal power conferred upon us by God, daring to threaten to divest us of it. As if we had received our kingdom from thee! As if the kingdom and the empire were in thine and not in God's hand! And this although our Lord Jesus Christ did call us to the kingdom, did not, however, call thee to the priesthood. For thou hast ascended by the following steps. By wiles, namely, which the profession of monk abhors, thou hast achieved money; by money, favour; by the sword, the throne of peace. And from the throne of peace thou hast disturbed peace, inasmuch as thou hast armed subjects against those in authority over them; inasmuch as thou, who wert not called, hast taught that our bishops called of God are to be despised; inasmuch as thou hast usurped for laymen the ministry over their priests, allowing them to depose or condemn those whom they themselves had received as teachers from the hand of God through the laying on of hands of the bishops. On me also who, although unworthy to be among the anointed, have nevertheless been anointed to the kingdom, thou hast lain thy hand; me who-as the tradition of the holy Fathers teaches, declaring that I am not to be deposed for any crime unless, which God forbid, I should have strayed from the faith-am subject to the judgment of God alone. For the wisdom of the holy Fathers committed even Julian the apostate not to themselves, but to God alone, to be judged and to be deposed. For himself the true pope, Peter, also exclaims: "Fear God, honour the king." But thou, who dost not fear God, dost dishonour in me his appointed one. Wherefore St. Paul, when he has not spared an angel of heaven if he shall have preached otherwise, has not excepted thee also who dost teach otherwise upon earth. For he says: "If any one, either I or an angel from heaven, should preach a gospel other than that which has been preached to you, he shall be damned. Thou, therefore, damned by this curse and by the judgment of all our bishops

and by our own, descend and relinquish the apostolic chair which thou hast usurped. Let another ascend the throne of St. Peter, who shall not practise violence under the cloak of religion, but shall teach the sound doctrine of St. Peter. I Henry, king by the grace of God, do say unto thee, together with all our bishops: Descend, descend, to be damned throughout the ages.

3. First Deposition and Banning of Henry IV. by Gregory VII., February 22, 1076

O St. Peter, chief of the apostles, incline to us, I beg, thy holy ears, and hear me thy servant whom thou hast nourished from infancy, and whom, until this day, thou hast freed from the hand of the wicked, who have hated and do hate me for my faithfulness to thee. Thou, and my mistress the mother of God, and thy brother St. Paul, are witnesses for me among all the saints that thy holy Roman church drew me to its helm against my will; that I had no thought of ascending thy chair through force, and that I would rather have ended my life as a pilgrim than, by secular means, to have seized thy throne for the sake of earthly glory. And therefore I believe it to be through thy grace, and not through my own deeds, that it has pleased and does please thee that the Christian people, who have been especially committed to thee, should obey me. And especially to me, as thy representative and by thy favour, has the power been granted by God of binding and loosing in heaven and on earth. On the strength of this belief, therefore, for the honour and security of thy church, in the name of Almighty God, Father, Son, and Holy Ghost, I withdraw, through thy power and authority, from Henry the king, son of Henry the emperor, who has risen against thy church with unheard of insolence, the rule over the whole kingdom of the Germans and over Italy. And I absolve all Christians from the bonds of the oath which they have made or shall make to him; and I forbid any one to serve him as king. For it is fitting that he who strives to lessen the honour of thy church should