Letters430 Letter CDXXX. To Pope Innocent II.

Bernard having been chosen by the Pope as arbiter, in order to decide a dispute between two contending rivals for the Archbishopric of Tours, he declares the election of Philip null and void.

For the purpose of deciding the dispute at Tours, venerable Father, I called a meeting at Blois, which is a place fitting by its nearness, and its security for those who were to be present. There, when those who were opposed to the election of Philip had objected to it on many grounds, which I pass over on account of brevity; there appeared at length to be two chief grounds for these objections, namely, that he was below the canonical age; and that he had neither been elected by the persons whose duty it was to elect., nor even by a majority. The higher officials of the Cathedral were absent at that time, having been driven both from the Church and their own houses; namely, all the Archdeacons, the Dean and the Precentor, and all the other Presbyters of the Church, as well as a number of clerics of various orders. It was urged on the contrary, that the election of Hugo was valid and canonical, because those whose authority was of the greatest weight for the choice, combined in agreeing to it: nor was it a fatal objection that it was held in an unusual manner, that is, beyond the precincts of the Church and even of the city, since this was due to the necessity caused by the persecution; nor again, that the opposite faction had taken no part in the election, for although forewarned and summoned by their brethren, they refused to come.

For a place was fixed for it, and that the very place which by- common consent was suitable: but those others anticipated the day, forced on the election, and chose Philip secretly, rashly, and entirely without the knowledge of any but themselves. Nor did they wait even for any of the suffragan Bishops: but these are said to favour the election, and to have assented to it. To this the party of Philip replies: “We are able to give good and sufficient answer to the objections made, if only another day be named convenient to us: not that we deny this present day to have been appointed, but our Archbishop-elect has not been warned of it. For the person ought certainly to be summoned by name whom the entire cause concerns.” Their opponents rejoin: “By no means: the contention is not between the persons elected, and for the See, but between the electors, and respecting the validity of the elections. The litigants, whose the cause is, ought alone then to be summoned to the hearing; and it would be a thing grave and indecent that the person elected should, as you contend, be counted among the litigants. It is sufficient if he be summoned generally with others. For none is excluded from letters of citation who had part in the cause; although you cannot deny that it was openly announced by you that (Philip) was being sought for. He had disappeared, he could not be found, and it was very possible that he would not be present on the day appointed.

But he will profit nothing by his absence; for even if he should not come, the cause will nevertheless be brought to a close without him. If, as you say, the cause is his, and the man is wanted to answer for himself, the blame for his being without a citation, is surely his who disappeared, or yours who neglected to find him. What does it matter to those whose duty it was to issue general letters of summons to your city and your Church, whether this man absented himself or no, not merely from the city, but from the neighbourhood, or even from the realm, or what his intention was in so doing? What is wanting of all that is needful for a fair trial of the matter, unless perhaps he distrusts the justice of his cause? We see that he is fortified by a multitude of wise men and skilled lawyers, attended also by a number of armed men, as if there were any need of them.

He has also Bishops with him, and an excellent proctor. Would he then have come so unprepared? or if he did not propose to come, what did he want with so great a company of needless assistants? Would not his own friends have been sufficient for him? The judge offers all that was needful in this way. And these things we should say, if it should appear that Philip really knew not the day appointed for the business. But now, can he deny that both the place and time of the hearing was signified to him by the Abbot of Clairvaux, who eighteen days before when passing through the See of Cambray, happened to meet him in hiding there? and if so, is it not manifest that what he really seeks is not a peaceful decision but farther delay? These then being the pleadings brought forward, it seemed just to me and those who were with me, being religious and learned persons, Bishops and Abbots and clerics, to 1 Procultorem. Query, whether an error for Procuratorem, or to be derived from Procultator (Collocare). [E.]

Letter CDXXXI.

put an end to the long and harassing suspense of the Church: and therefore not any longer to endure the delays and procrastinations of those who seek only their own interests, and under that pretext to ruin and destroy the Church. Judgment, therefore was pronounced by me, that justice required that the cause should be gone into, and that there was no canonical excuse (for delay) brought forward: when those others, fencing according to their usual custom, and as if they had but little confidence in their cause, appealed.

Whereupon the Apostolical letters were brought forward, in which I was directed to bring the cause definitively to an end, and (the parties) were directed to yield full obedience to my decision; but they refusing to listen, left the Court. Being called a first and a second time, they refused to come. Then turning to the other side, I proceeded with the hearing in judicial order, according to your mandate: and after obtaining Canonical proof upon each of the heads before mentioned, after examining witnesses, and completing all formalities, 1 quashed the election of Philip by the Apostolic authority given to me.

As concerning Hugo, since he seemed to have been elected while below Holy Orders, I have left, as is proper, tne decision of his case to your clemency.