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Roger De Hoveden The Annals vol.1., From A.D. 732 To A.D. 1180.


Sir John Froissart's Chronicles of England, France, Spain and the Ajoining Countries from the latter part of the reign of Edward II to the coronation of Henry IV in 12 volumes 

Chronicles of Enguerrand De Monstrelet (Sir John Froissart's Chronicles continuation) in 13 volumes 

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Roger De Hoveden
The Annals vol.1., From A.D. 732 To A.D. 1180.
page 507

to the Apostolic office by fewer than two-thirds, then, unless there shall be a more full agreement, he is in nowise to be recognized as such, and he is to be subject to the penalty aforesaid, unless with all humility he shall be ready to withdraw such claim. Still, however, let no prejudice be caused hereby to the canonical constitutions, upon which subjects the opinions of the larger and wiser part ought to have the preponderance, inasmuch as whatever comes to be a matter of doubt to them, can always be decided by the judgment of one superior. But, in the Roman Church, something of a spiritual nature is here being determined upon, where recourse cannot be had to a superior.31 Sow prelates are to pass sentence upon those subject to their authority. " A very reprehensible custom has sprung up in some places, where both our brethren and fellow-bishops, as well as some archdeacons even, thinking that some will, in their causes tried before them, resort to appeal, having first issued no admonition whatever, proceed to pronounce against them sentence of suspension and excommunication. On the other hand, also, others, dreading the sentence and canonical discipline of their ecclesiastical superior, do without any difficulty interpose their right of appeal, and usurp the same as a defence for their iniquity, whereas it is known to have been instituted as a safeguard for the innocent. Therefore, to the end that neither the sentence of the prelate may be used to oppress those subject to him, nor those subject may be enabled, at their sole option, under the pretext of appeal, to escape correction by their prelates, by this present decree we do enact, that neither shall prelates pass sentence of suspension or excommunication upon those sub ject to them, without first issuing canonical admonition, (unless it shall so happen that the fault is such as of its own nature to involve the penalty of suspension or excommunication), nor shall those who are subject, in contravention of ecclesiastical discipline, before the commencement of the trial, seek to take refuge in the words of appeal. But, if any person shall think himself absolutely necessitated to appeal, then a competent time is to be named for him, within which to prosecute his appeal. And if he shall neglect to prosecute his 3 1 This passage appears to he imperfect. It seems to aHude to a case of interregnum in the Papacy.

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