Theological works

A COLLECTION

THE LAWS AND CANONS

OF THE

CHURCH OF ENGLAND.

A COLLECTION

THE LAWS AND CANONS

OF THE

CHURCH OF ENGLAND,

FROM ITS FIRST FOUNDATION TO THE CONQUEST, AND FROM THE
CONQUEST TO THE REIGN OF KING HENRY VIII.

TRANSLATED INTO ENGLISH

WITH

EXPLANATORY NOTES.
IN TWO VOLUMES.

BY JOHN JOHNSON, M.A.,

SOMETIME VICAR OF CRANBROOK, IN THE DIOCESE OF CANTERBURY.

A NEW EDITION.

VOL. II.

OXFORD:
JOHN HENRY PARKER,

MDCCC LI.

OXFORD :
PRINTED BY I. SHRIMPTON.

EDITOR'S PREFACE.

IN this, as in the former volume, much care has been taken
to reprint faithfully the text of Johnson's translation of the
canons, &c., and his notes upon them, all corrections and
additions being made by marginal and foot notes within
brackets. The corrections however of verbal errors, sup
plied from the addenda of the first edition, are not so
marked. Johnson's notes are referred to, as in the first
edition, by letters of the alphabet, and those of the editor
by asterisks, &c.; the latter series of note marks are in both
volumes frequently accompanied by an accent to shew how
much of Johnson's translation is to be compared with the
original quoted in the editor's note. The translations of the
second volume are all from Latin documents, and they have
been compared throughout with the Concilia of Wilkins as
containing the best text of the originals, but other texts are
sometimes quoted to shew how far particular parts of John
son's translation are warranted by his own authorities.

The edition of Lyndwood's Provinciale, Oxon. 1679, fre
quently referred to in this volume, comprises three distinct
works, of various degrees of authority.

The first of these is Lyndwood's Provinciale properly so
called; it contains the provincial constitutions of fourteen

JOHNSON. V»

vi EDITOR'S PREFACE.

archbishops of Canterbury, from Stephen Langton to Henry
Chicheley, collected A.D. 1422—46, and digested in order
of their subjects with large annotations, by William Lynd-
wood, Doctor of the Canon and Civil Laws, Official of the
Court of Canterbury, Ambassador from King Henry the
Fifth of England to the Courts of Spain and Portugal,
Keeper of the Privy Seal, and afterwards Bishop of St.
David's. This is the most authentic and valuable work
upon Church law in England between the Conquest and
the Reformation, and Johnson made full use of it both to
illustrate the canons and also to correct the text of the less
accurate copies of the constitutions contained in the second
volume of Sir H. Spelman's Concilia.

The second work in the volume referred to is the Com
mentary of John Athon upon the Legatine Constitutions
of Cardinal Otho, A.D. 1237, and those of Cardinal
Othobon, A.D. 1268. John Athon, who was Doctor of
the Canon and Civil Laws, and Canon of Lincoln, died
A.D. 1351, and his work is therefore one of much value
and authority*.

The third part of the volume contains the Provincial Con
stitutions in chronological order without the glosses of
Lyndwood, but with the addition of many passages not to
be found in the Provinciale properly so called. The degree
of value belonging to this last portion is not easily deter
mined, but it undoubtedly ranks below the other two por
tions as well as the text of Wilkins. It is referred to by
Johnson as the "Oxford copy" or " Oxford edition/' and
by the present editor as Lynd. app.

* Pits and others who followed full correction of the statement of Pits,

him, have erroneously made the date see Johnson's Vade-Mecum, part i. p.

of John Athon A.D. 1290, and it was 165, and John Athon's own words in

so stated in the editor's preface to Const. Othob., tit. 29, gl. Quod habit a

vol. i. of this work, p. iv. For the possessions, p. 129.

EDITOR S PREFACE. Vll

Many of the editor's notes in this second volume do not,
as in the first, contain corrections of undoubted mistakes in
reading or translation (see vol. i. Editor's Preface, p. vi.),
but simply variations of the text of Wilkins from that of
Lyndwood and J. Athon, translated by Johnson.

JOHN BARON.

Queen's College,
August 30, A.D. 1851.

ABBREVIATIONS.

Lynd., Lyndwood' s Provinciale. ""I

A. or J. A., John Athon's Commentary upon

the Legatine Constitutions of the Cardinals |

Otho and Othohon. }*ed. Oxou. 1679.

Lynd. app., the Provincial Constitutions, &c.,

arranged in the order of time, appended to

the above works.

COLLECTION

Of all the

Ecclesiastical Laws, Canons,
Anfwers, or Refcripts,

With other MEMORIALS concerning the
Government, Discipline and Worship of the

Church of England,

From its first Foundation to the CONQUEST,
that have hitherto been publish'd in the
Latin and Saxonic Tongues :

And of all the

Canons and Constitutions Ecclesiastical,
made since the CONQUEST, and before the
REFORMATION, in any National Council, or
in the Provincial Synods of

Canterbury and York,

That have hitherto been published in the
Latin Tongue.

Now first Translated into English, with Explanatory
NOTES, and such Glosses from Lyndwood and
Athone, as were thought most useful.

PART the Second.

By JOHN JOHNSON, M.A. Vicar of Cranbrook
in the Diocese of Canterbury.

LONDON:

Printed for EGBERT KNAPLOCK in St. Paul's Church-yard, and
SAMUEL BALLARD, in Little- Britain. MDCCXX.

THE CONTENTS OF THE SECOND VOLUME.

A.D. MLXX.

1. ARCHBISHOP Lanfranc's canons in a synod at Winchester. From Sir
H. Spelman, vol. ii. p. 12. With a preface by the translator.

A.D. MLXXI.

2. Archbishop Lanfranc's canons in a synod at Winchester. From Sir
H. Spelman, vol. ii. p. 12. N.B. Of the two sets of canons above men
tioned we have the abridgment only.

A.D. MLXXII.

3. Soldiers' penance. From Sir H. Spelman, vol. ii. p. 12, 13.

A.D. MLXXV.

4. Archbishop Lanfranc's canons made in a national synod at London.
From Sir H. Spelman, vol. ii. p. 7.

A.D. MLXXVI.

5. Archbishop Lanfranc's canons in a national synod at Winchester.
From Sir H. Spelman, vol. ii. p. 13.

A.D. MLXXXV.

6. King William the First's mandate for separating the ecclesiastical
court from the hundred court. From Sir H. Spelman, vol. ii. p. 14.

A.D. MCII.

7. Archbishop Anselm's canons made in a national synod at Westmin
ster, King Henry the First and the principal men of the kingdom being
present at the archbishop's request. From Sir II. Spelman, vol. ii. p. 23.
With a preface by the translator.

Xll THE CONTENTS OF

A.D. MCVII.

8. Compromise of investitures between the king, archbishop, and
bishops. From Sir H. Spelman, vol. ii. p. 27. With a preface and post
script by the translator.

A.D. MCVIII.

9. Archbishop Anselm's canons made in a national synod at London,
King Henry the First and his barons being present. From Sir H. Spel
man, vol. ii. p. 29.

A.D. MCXXVI.

10. Legatine canons at London, or rather at Westminster, in a national
synod of the Welsh as well as English bishops, called by Archbishop
Corboyl, though the legate presided in it. From Sir H. Spelman, vol. ii.
p. 33.

A.D. MCXXVII.

11. Archbishop Corboyl's canons in a national synod at Westminster.
From Sir H. Spelman, vol. ii. p. 35.

A.D. MCXXXVIIL

12. Legatine canons made in a national synod at Westminster in the
vacancy of the see of Canterbury, the legate presiding. From Sir H.
Spelman, vol. ii. p. 41. With a postscript by the translator.

A.D. MCXLIII.

13. Legatine canons in an ecclesiastical synod at Winchester, held by
Henry, bishop of that see, as legate from the pope. From Sir H. Spel
man, vol. ii. p. 47.

A.D. MCLXIV.

14. The articles of Clarendon made in a national state assembly. From
Sir H. Spelman, vol. ii. p. 63. With a preface and postscript by the
translator.

A.D. MCLXXV.

15. Archbishop Richard's canons made in a provincial synod at Lon
don. From Sir H. Spelman, vol. ii. p. 103. With a postscript by the
translator.

THE SECOND VOLUME. Xlll

A.D. MCLXXXVIII.

16. King Henry the Second's crusade for recovery of the holy land.
From Sir H. Spelman, vol. ii. p. 117. With a postscript by the trans
lator.

A.D. MCXCV.

17. Hubert Walter, archbishop of Canterbury's legatine canons, made
at York, no other bishop being there present. From Sir H. Spelman,
vol. ii. p. 121. With a preface by the translator.

A.D. MCC.

18. The canons of Hubert Walter, archbishop of Canterbury, made in a
general or national synod at Westminster. From Sir H. Spelman, vol. ii.
p. 123.

A.D. MCCI.

19. Eustace, abbot of Flay's Sabbatarian injunctions. From Sir H.
Spelman, vol. ii. p. 128.

A.D. MCCXXII.

20. Archbishop Langton's constitutions, made in a provincial synod at
Oxford. From Sir H. Spelman, vol. ii. p. 181. The Oxford edition of
the Provincials (at the end of Lyndwood and Athon, p. 1), and from
Lyndwood's text where he does not curtail the original. With a preface
by the translator.

A.D. MCCXXIII.

21. Supposed constitutions of Archbishop Langton. From the Oxford
copy of Provincials at the end of Lyndwood and Athon, p. 7. With a
preface and postscript by the translator.

A.D. MCCXXIX.

22. The constitutions of Richard Wethershed, archbishop of Canter
bury. From the Oxford copy, p. 10. Lyndwood glosses but on five of
these. With a preface by the translator.

A.D. MCCXXXVI.

23. The constitutions of Edmund, archbishop of Canterbury. From
Sir H. Spelman, vol. ii. p. 199*, and the Oxford copy, p. 11, and Lynd
wood where his text is entire. With a preface by the translator.

* [This reference is inadvertently omitted in the margin of p. 129.]

XIV THE CONTENTS OF

A.D. MCCXXXVII.

24. Legatine constitutions made in a national synod at London, Otto
or Otho the pope's legate presiding. From John Athon and Sir H. Spel-
man, vol. ii. p. 218. With a preface by the translator.

A.D. MCCL.

25. The constitutions of Walter Gray, archbishop of York. From Sir
H. Spelman, vol. ii. p. 290. With a short preface by the translator.

A.D. MCCLXI.

26. The constitutions of Boniface, archbishop of Canterbury, in a pro
vincial synod at Lambeth. From Sir H. Spelman, vol. ii. p. 305, the
Oxford copy, p. 15*, and Lyndwood where his text is entire.

A.D. MCCLXVIII.

27. Legatine constitutions made in a national synod held by Othobon,
the pope's legate, in the church of St. Paul, London. From John Athon,
p. 75, and Sir H. Spelman, p. 263.

A.D. MCCLXXIX.

28. The constitutions of Friar John Peckham, archbishop of Canter
bury, made in a provincial synod at Reading. From Sir H. Spelman,
vol. ii. p. 320, and the Oxford copy, p. 22. With a preface by the
translator.

A.D. MCCLXXXI.

29. The constitutions of Friar John Peckham, archbishop of Canter
bury, made in a provincial synod at Lambeth. From Sir H. Spelman,
vol. ii. p. 328, from the Oxford copy, p. 26, and from Lyndwood where
his text is entire.

A.D. MCCXCVIII.

30. The sentence of general excommunication passed by Robert Win-
chelsey, archbishop of Canterbury, in a provincial convocation of the
prelates and clergy. From Sir H. Spelman, vol. ii. p. 428. With a large
preface by the translator.

* [This reference should have been inserted in brackets in the margin of

THE SECOND VOLUME. XV

A.D. MCCCV.

31. The constitutions of Robert Winchelsey, archbishop of Canterbury,
in a provincial synod held at Merton. From Sir H. Spelman, vol. ii.
p. 431, and Oxford copy, p. 34, and Lyndwood where his text is entire.

A.D. MCCCVIII.

32. A constitution of Robert Winchelsey, made at a place unknown.
From the Oxford copy, p. 37.

33. Supposed constitutions of Walter Reynold, archbishop of Canter
bury. The time and place of their making unknown. From Sir H.
Spelman, vol. ii. p. 489.

A.D. MCCCXXII.

34. The constitutions of Walter Reynold, archbishop of Canterbury,
made in a provincial synod at Oxford. From Sir H. Spelman, vol. ii. p.
488 *, and the Oxford copy, p. 39, and Lyndwood where his text is entire.
With a postscript by the translator.

A.D. MCCCXXVIII.

35. The constitutions of Simon Mepham, archbishop of Canterbury,
made in a provincial synod at St. Paul's, London. From Sir H. Spelman,
vol. ii. p. 493, and the Oxford copy, p. 41, and from Lyndwood where his
text is entire.

A.D. MCCCXXX.

36. Supposed constitutions of Simon Mepham from Sir H. Spelman,
vol. ii. p. 498.

A.D. MCCCXXXII.

37. Supposed constitutions of Simon Mepham, archbishop of Canter
bury. From Sir H. Spelman, vol. ii. p. 500.

A.D. MCCCXXXVI.

38. The Settlement of Procurations.

* [Compare below, p. 333, note *, attributing to Archbishop Reynold all

and Const. Simonis Mepham, Cant. the constitutions which he gives A.D.

Arch., Sir H. Spelman, vol. ii. p. 498; 1322.]
Johnson follows Lynd. app., p. 39, in

XVI THE CONTENTS OF

A.D. MCCCXLII.

39. The constitutions of John Stratford, archbishop of Canterbury,
called Extravagants, in a provincial synod at London. From Sir H. Spel-
man, vol. ii. p. 572, and the Oxford copy, p. 49, and from Lyndwood where
his text is entire.

A.D. MCCCXLIII.

40. The constitutions of John Stratford, archbishop of Canterbury,
made in a provincial synod at St. Paul's, London. From Sir H. Spelman,
vol. ii. p. 581, and from the Oxford copy, p. 43, and from Lyndwood where
his text is entire. With a preface by the translator.

A.D. MCCCXLVIL

41. The constitutions of William la Zouch, archbishop of York. From
Sir H. Spelman, vol. ii. p. 603.

A.D. MCCCLI.

42. The constitution of Simon Islep, archbishop of Canterbury, made
in a provincial synod at Lambeth, against criminous clerks. From Sir H.
Spelman, vol. ii. p. 597, and from the Oxford copy, p. 54.

A.D. MCCCLIX.

43. The constitutions of Simon Islep, archbishop of Canterbury, for
keeping the Lord's day, and for processions, and prayers for the king.
From Sir H. Spelman, vol. ii. p. 599, and the Oxford copy, p. 55.

A.D. MCCCLXII.

44. The constitutions provincial of Simon Islep, archbishop of Canter
bury. From Sir H. Spelman, p. 609 — 611, from the Oxford copy, p. 56,
and from Lyndwood where his text is entire.

A.D. MCCCLXIII.

45. The constitutions of John Thorsby, archbishop of York. From
Sir H. Spelman, vol. ii. p. 602.

A.D. MCCCLXVII.

46. The constitutions provincial of Simon Langham, archbishop of Can
terbury. From Sir H. Spelman, vol. ii. p. 133, and from the Oxford copy,
p. 9. They are by both erroneously ascribed to Stephen Langton*. Lynd
wood glosses on the first only. With a postscript by the translator.

* [See below, p. 437, note *, and p. 440, note *.]

THE SECOND VOLUME. XV11

A.D. MCCCLXXVIII.

47. The constitutions provincial of Simon Sudbury, archbishop of Can
terbury, made in the monastery of SS. Peter and Paul, Gloucester. From
the Oxford copy, p. 58, and from Lyndwood where his text is entire *.

A.D. MCCCXCI.

48. The constitution of William Courtney, archbishop of Canterbury,
against Choppe-Churches. From Sir H. Spelman, vol. ii. p. 641. With
a preface by the translator.

A.D. MCCCXCVIII.

49. A constitution made in honour of Thomas Becket, (while Arch
bishop Arundel was archbishop of Canterbury, but in banishment,) by
Roger Walden. From the Oxford copy, p. 62. With a preface by the
translator.

A.D. MCCCCVIII.

50. The constitutions of Thomas Arundel, archbishop of Canterbury,
against the Lollards, made in a provincial convocation at Oxford. From
Sir H. Spelman, vol. ii. p. 662, and from the Oxford copy, p. 64, and from
Lyndwood where his text is entire.

A.D. MCCCCXV.

51. The constitutions of Henry Chichley, archbishop of Canterbury,
made in a provincial constitution. From Sir H. Spelman, vol. ii. p. 669,
&c., and from the Oxford copy, p. 68, &c., and from Lyndwood where his
text is entire.

A.D. MCCCCXVI.

52. The constitutions of Henry Chichley, archbishop of Canterbury, in
a provincial convocation at St. Paul's, London. Here Lyndwood leaves
us. From Sir H. Spelman, vol. ii. p. 672. With a preface by the
translator.

A.D. MCCCCXXX.

53. The constitution of Henry Chichley, archbishop of Canterbury,
against the "Auncel" weight, made in a provincial convocation at St. Paul's,
London. From Sir H. Spelman, vol. ii. p. 687.

* [A part of these constitutions is in margin of p. 442. Compare below,
also in Spelman, vol. ii. p. 626, as noted p. 443, note a, and p. 444, note *.]

XV111 THE CONTENTS OF

A.D. MCCCCXXXIV.

54. The general sentences of excommunication decreed in a provincial
convocation at St. Paul's, London, by Henry Chichley, archbishop of Can
terbury. From the Oxford copy, p. 73.

A.D. MCCCCXXXIX.

55. The constitution of Henry Chichley, archbishop of Canterbury,
made in a provincial convocation for augmenting poor vicarages. From
the Oxford copy, p. 74 *.

A.D. MCCCCXLIV.

[Ed.] [56. The constitutions of John Kemp, archbishop of York. From Sir

II . Spelrnan, vol. ii. p. 707.]

A.D. MCCCCXLV.

[Ed.] [57. The constitution of John Stafford, archbishop of Canterbury, for

solemnly celebrating the feast of St. Edward, king and confessor. From
the " Oxford edition," p. 74 f.]

A.D. MCCCCXLVI.

58. Pope Eugene's present of a golden rose to King Henry the Sixth of
England. From Sir H. Spelman, vol. ii. p. 690.

A.D. MCCCCLIV.

59, Archbishop Bourchier's letters for processions. From Sir H. Spel
man, vol. ii. p. 691. With a preface and postscript by the translator.

A.D. MCCCCLXIII.t

60. The constitutions of Thomas Bourchier, archbishop of Canterbury,
in a provincial convocation at St. Paul's, London. From Sir H. Spelman,
vol. ii. p. 698.

* [Also in Spelman, vol. ii. p. 689, low, pp. 501, 505;) and the numbers

as noted below in margin, p. 498.] before the remaining items have been

t [These two items in the list of altered accordingly.]
contents are supplied by the editor as J [For a notice of a convocation

having been omitted by Johnson, appa- A.D. 1462, see below, p. 513.]
rently through inadvertence, (see be-

THE SECOND VOLUME. XIX

A.D. MCCCCLXVI.

61. The constitutions of George Nevil, archbishop of York, made at a
provincial synod held in the metropolitical church of York. From Sir H.
Spelman, vol. ii. p. 699.

A.D. MCCCCLXXXVI.

62. The constitution of John Morton, archbishop of Canterbury, in a
provincial convocation at St. Paul's, London, for enjoining masses and
other devotions in behalf of deceased bishops. From Sir H. Spelman,
vol. ii. p. 712.

A.D. MDXIX.

63. Pope Leo's rescript to William Warham, archbishop of Canterbury,
concerning the Vigil of St. John Baptist. From Sir H. Spelman, vol. ii.
p. 727. With a preface by the translator.

CORRIGENDA.

P. 16. 1. 31, after age add ]

— 17. 1. 4. before On that year, insert [, and in marg. after * add ]

— 37. 1. 3, for Thomas read Thurstan, as directed in Johnson's Index under

Thurstan.

— 42. 1. 28, afler inserted, add ]

— 80. note *,for belemedan read belepeban.

— 93. 1. 8, add 15. before Let not monks

— 405. transpose notes * f and their marks.

— 442. 1. 16, /or 1632 read 1362.

— 463. 1. 8. (const. 8), dele any thing, as directed in Addenda of first edition.

A.D. MLXX.

PREFACE TO LANFRANC'S CANONS AT WINCHESTER.

IT has been affirmed by some of late years, that William
duke of Normandy did not conquer England, after all
our ancestors for five centuries had yielded themselves to
him and his successors as a conquered people ; all, I mean,
except the men of Kent, who, by the invention of one of
their monks, did for many ages enjoy the honour of being
unconquered. But in the last age, an antiquary of our own,
and the greatest that our country or perhaps any other had
then produced, I mean Mr. Somner, divested us too of this
glory, by detecting the fiction of Spot, the monk*; and yet
now it is become a fashionable opinion, that William the
First was so far from conquering Kent, that he conquered no
part of England. My reader will not expect that I should
determine whether he conquered the civil state or nation, for
this might perhaps be construed to my prejudice, as if I
were a meddler in politics.

But whether he made a conquest of the nation or not, it
is certain he conquered the bishops and clergy, and treated
them as his captives ; he destroyed many of their churches,
he stripped most or all of them of their rich furniture ; he
laid a taxation of men and arms to serve him in his expedi
tions upon the lands of the bishops and prelates, and obliged
them to secular services unknown to their predecessors ; he
caused many churches with their tithes to be converted into
lay fees for the maintaining his military officers and men of
arms ; the tithes of other churches which were served mostly
by English priests, he caused to be appropriated to abbeys,
which were governed, if not filled with Normans. He
caused Stigand, archbishop of Canterbury, to be deposed in a
synodical form : the crimes alleged against him were, first,
holding the see of Winchester together with that of Canter
bury; and it was indeed reasonable that he should have

* [Spot (wrongly printed by John- ad verb, gavelkind, p. 222, ed. Wheloc

son Sprot) on the abbots of St. Augus. 1644: refuted in Somner's treatise on

tine at Canterbury, cited from MS. by Gavelkind, pp. 62—71. ed. 1660.1
Lambard, Archaionomia, Glossarium,

[Ed.] parted with one of them, but not [been] turned out of both ;
secondly, that he wore the pall of his predecessor Robert ;
this was done only till the pope sent him a new one, and
one would have thought that this had purged away all former
offences. Thirdly, but Stigand received his pall from an
intruder under the name of Benedict the Xth. This might
have been deemed a crime, if there had been any other pope
at that time. If he had had his pall from Alexander who now
filled the chair at Rome, (as no doubt he gladly would if that
had been sufficient,) yet he must no longer have been arch
bishop, because Lanfranc the Norman abbot had occasion for
his see. And for the same reason, Agelmar, bishop of the
East Angles, with several abbots, were turned out to make
room for the Normans. This was done at Winchester, Low
Sunday, A.D. 1070. On Whitsunday the same year, Agel-
ric, bishop of South Saxons, was deprived in a synod at
Windsor and committed to prison in Marlburgh, without
any crime urged against him, and at the same time some
abbots were deprived*. It does not appear that they
suffered for any crime but that they were Englishmen.
Some are said to have been deposed, without any synod
or secular council, by the arbitrary will of the king.

* [Eodem anno concilium magnum turn dedit. Cujus jussu rnox in cras-
in octauis Paschae Wintoniae celebra- tino praedictus Sedunensis Episcopus
turn est, jubente et praesente rege Armenfredus synodum tenuit, Johanne
Willielmo, domino Alexandro papa et Petro Cardinalibus prsefatis Romam
consentiente, et per suos legates Her- reversis. In qua synodo Agelricus
menfredum Sedunensem Episcopum, Suthsaxonum pontifex non canonice
et presbyteros Johannem, et Petrum degradabatur ; quern rex sine culpa
Cardinales, sedis apostolicae suam au- mox apud Mearlesberge in custodiam
thoritatem exhibente. In quo concilio posuit: abbates et quamplures sunt de-
Stigandus Doroberniae Archiepiscopus positi, quibus depositis, rex suis capel-
degradatur tribus de causis : scili- lanis, Arfracto, orientalium Anglorum
cet quod episcopatum Wintoniag cum praesulatum ; et Stigando Suthsaxonum
Archiepiscopatu injuste possidebat, et dedit episcopatum, nonnullis et Nor-
quod vivente Roberto Archiepiscopo mannicis monachis abbatias dedit, et
non solum Archiepiscopatum surnpsit, quia Dorobernensis archipraesul depo
sed etiam ejus pallio, quod Cantuariae situs est, et Eboracensis erat defunctus,
remansit, dum vi et injuste ab Anglia jussu regis in octauis pentecostes ab
pulsus est, in Missarum celebratione eodem Armenfredo SedunensiEpiscopo
aliquamdiu usus est, et a Benedicto, sedis Apostolicae legato ordinatus est
quern sancta Romana Ecclesia excom- Walcelinus. R. Hoveden, Annal. A.D.
municavit, eo quod pecuniis sedem 1070, p. 452 — 4, ed. Savile 1601. Most
apostolicam invasit, pallium accepit. . . of the historical facts in the above pa-
Die autem pentecostes, rex apud Win- ragraph and that which follows it are
deshoram venerandoBaiocensi canonico taken from the same source, whence
Thomae Eboracensis Ecclesiae Archi- they are quoted, Spelman, vol. ii. p. 3 ;
episcopatum, et Valcelino capellano "Wilkins, vol. i. p. 322.]
suo Wintoniensis Ecclesiae praesula-

CANONS AT WINCHESTER. 6

But it deserves our particular reflection, that Pope Alex
ander the Second was a principal agent in all these wicked
doings. The duke of Normandy came over into England
under the umbrage of a banner consecrated by him : he was
forward to support the Conqueror's title, that the Conqueror
might support and advance his interest here in England.
Three of his legates, Hermenfride, bishop of Syon, John and
Peter, priest cardinals, [were] now present at the deposition [Ed.]
of Stigand and Agelmar ; the first of them only at the depo
sition of Agelric.

By these means other bishops were terrified into a desertion
of their sees ; Robert of Lincoln fled into Scotland, Egelwin
of Durham chose a voluntary banishment, but pronounced
an excommunication against all invaders of churches and
church goods*. The rest were tamed to such a degree, that
they knew no other use of that little authority that was left
them, but to execute the royal will and pleasure upon the
small remainder of their disaffected brethren, who had too
much English blood in their veins to be easy under such a
foreign yoke. Only Wulstan, bishop of Worcester, durst face
the Conqueror and his minions.

Of the first remarkable archiepiscopal acts performed by
Lanfranc, was the assembling of a synod at London, or
rather Westminster, where this Wulstan had a sentence of
deprivation passed upon him for want of learning. When he
saw that he must be stripped of his episcopal habit, he said
to the king there present, I owe these to a better man than
thee, to him I will restore them ; and thereupon goes to the
tomb of King Edward the Confessor, by whose means he
was advanced to the see of Worcester, where he disrobed
himself, and struck his pastoral staff so deep into the stone
of the monument, that the strongest arm could not pull it
out, if you will believe the legendf. It is certain he con
tinued in his see, and this was miracle enough in conscience,
all things considered. His sanctity was most probably his
protection. Nothing but the sense of his own integrity
could give him so much courage (when the rest of his

* [Matth. Paris, A.D. 1070, who is lyd. Verg. Hist., lib. ix. p. 158:"
quoted, Spelman, vol. ii. p. 4.] Wilkins, vol. i. p. 367: cf. Ailred Abb.

t [Spelman, vol. ii. p. 4 ; " Ex Po- Kiev. X. Script, p. 487.]

B 2

English brethren either sneaked or ran away) as to de
mand the restitution of the lands belonging to his see, of the
Conqueror in the synod where Stigand was deprived. Al
dred, late archbishop of York, had had several predecessors
who held the see of Worcester together with that of York :
this caused a confusion and uncertainty in the estates be
longing to the two sees, and gave Aldred a reason or pre
tence to claim and enjoy some of the lands, which in truth
belonged to Worcester ; but by the death of Aldred, all these
lands were come into the custody of the king, as guardian
of the temporaries; of him, therefore, Wulstan made his
demand, and it seems he made good his claim, and recovered
his right next year at the council of Pendred*, when the
chair of York was now filled with Thomas the Norman, as
all the other vacant dignities now were with men of the
same blood.

I ought not wholly to omit the struggle between these
two Norman archbishops concerning the primacy. It was
at last declared in a synod of fourteen bishops and eleven
abbots, with consent of the king, queen, and pope, that York
must be subject to Canterbury in all things relating to reli
gion, and obey his summons to a synod ; that the province
of York should contain all Britain from Humber to the ex
tremity of Scotland, [and] all the rest to be the province of
Canterbury ; that the archbishop of York should, with the
rest of the bishops of that church, go to Canterbury to con
secrate him that was elected to that see, and the elect of
York, after having received the archbishopric as a gift from
the king, should receive his consecration at Canterbury, or
wherever that archbishop should require his attendance;
that the archbishop of York should swear obedience to him

* [Deinde Lanfrancus Thomam facere modis omnibus satagebant, justo

Eboracensem consecravit episcopum. Dei judicio attritis, ac scriptis eviden-

Quo consecrate, reverendi Wlstani tissimis penitus adnichilatis, non solum

Wigornensis episcopi mota est iterum vir Dei Wlstanus proclamatas, et ex-

querela ; et in Concilio in loco qui vo- petitas possessiones recepit, sed et suam

catur Pedreda celebrate coram rege et ecclesiam Deo adjuvante, et rege con-

Dorobernise archiepiscopo, et primati- cedente, ea libertate liberam suscepit,

bus totius Angliae, Dei gratia ammini- qua fundatores ejus rex Aluredus, Ed-

culanteestterminata. Cunctis siquidem wardus senior, Athelstanus, Edmun-

macbinamentis non veritate stipatis, dus, Eadredus et Eadgarus ipsam libe-

quibusTbomasejusquefautoresWigor- raverant. Radulf de Diceto, X. Script,

nensem ecclesiam deprimere, et Ebora- p. 483. Compare Spelman, vol. ii. p. 4 ;

censi ecclesiae subicere, ancillamque Wilkins, vol. i. p. 324.]

CANONS AT WINCHESTER. 5

of Canterbury upon his consecration ; though Lanfranc con
tented himself with Thomas's subscription*. Upon Anselm's
consecration at Canterbury, Thomas objected against the
church of Canterbury's being styled metropolitan of all Bri
tain : for then says he, York is no metropolis : his objection
was allowedt, Thomas, successor of the present Thomas of
York, refused to swear subjection to Canterbury till the
peremptory command of King Henry I. forced his com
pliance J.

Sir H. Spelman, vol. ii. p. 11, 12, mentions three councils
in the year 1076, and the canons of the first of these you
will find inserted at that year : but the other two must have
been holden, I conceive, some years before; especially be
cause the rates of penance are subjoined to these councils in
two old books from which Sir H. Spelman transcribed them,
and those rates are said to have been confirmed by Hermen-
fride the pope's legate. For it is notorious that he came
hither in the beginning of the year 1070, and summoned a
council to be holden at Winchester on the third day after
Easter the same year, in which Archbishop Stigaiid and
others were deposed, and in which I suppose the first set of
canons were made. The next council holden at Winchester
was that mentioned by the Latin continuator of the Saxon
chronicle, who says that Lanfranc in his second year held a
general council at Winchester, in which many things relating
to the Christian worship were enjoined ; and this very well
agrees with the titles of those sixteen canons, which I have
therefore placed in the year 1071, though it is possible the
council might not be holden before the next year ; a great
part of which falls in with the second of Lanfranc : and he
must have returned back from Rome, whither he went in
his second year, before he could keep this council. I put
the rates of penance immediately after the titles of the canons
then made, for they could not be sooner decreed by the

* [Spelman, vol. ii. p. 5, 6. Wilkins, kins, vol. i. p. 370, "ex Matth. Paris,

vol. i. p. 324-5, " ex MS. Cott. Domit. in anno MXCIII. et Eadm. Hist. Nov.,

A. 5. fol. 13. et regist. Arundel. i. vol. p. 21."]

fol. 13, 14. et MS. Cant, eccl. A. 5, 6." I [Spelman, vol. ii. p. 30 ; Wilkins,

Cf. Will. Malm. De gest. Pont., lib. i. vol. i. p. 390-1, "ex Eadmer. Hist.

P- 206-7.] Nov., lib. iv. p. 102. seq."]

f [Spelman, vol. ii. p. 15, 16; Wil-

6 PREFACE TO LANFRANc's CANONS.

Normans, that is Lanfranc, and the new bishops ; but for
distinction's sake I date them 1072. It seems probable that
Hermenfride left them with those of the bishops in which
he had the greatest confidence, and they in this council re
solved to execute them. Upon the whole it is evident, that
the Conqueror never intended wholly to suppress ecclesias
tical synods ; though Stigand durst not call any, as knowing
himself obnoxious. But when the Conqueror by the pope's
help had eased himself of the old English prelates, the new
Norman prelates knew their right to ecclesiastical synods,
and frequently made use of them.

A.D. MLXX.

THE HEADS OF A COUNCIL CELEBRATED AT WINCHESTER.

1. CONCERNING the coming in of bishops and abbots by LATIN.

-i -, Sir H.

simoniacal heresy. Speiman,

2. Of ordaining men promiscuously, and by means of voL ^
moneyf. [Wilkins,

3. Of the life and conversation of such men. voli«K T

p. obo.J

4. That bishops should celebrate councils twice a year.

5. That bishops ordain archdeacons, and other ministers of
the sacred order, in their own churches.

6. That bishops have free power in their dioceses both
over the clergy and laity.

[One may wonder to see such a canon as this made by an archbishop [Addenda,]
who was witness and approver of the exemption granted by King William
to the abbey of Battle, which seems to have been the first precedent of
this sort ; and from which the popes quickly copied, and thereby not only
raised great sums of money, but created to themselves great bodies of
men immediately subject to the see of Rome, and independent on any
other power, either secular or ecclesiastical. (For exempt monks and
friars were so esteemed in the following ages.) If Lanfranc had ob
structed this innovation, he had acted consistently with himself in
making this canon, and shewed the world that he had not muzzled him
self by accepting the archbishopric. For certainly these exemptions were
one of the most flagrant invasions of episcopal authority, and one of the
great scandals of popery (as they were afterwards improved by the see of
Rome) and not removed by our Reformation. Yet it is probable this ex
emption of Battle abbey had been dropped in King Henry the Second's
reign, if Thomas Becket had not supported it. The bishop of Chichester
had brought the abbot to make profession of obedience to him, and
when the abbot came (as the practice then was) to have his charter re
newed soon after the king's accession, Bishop Hilary opposed it as to the

* ["Elibro Saxonico Wigorniensis 1076, but quotes the latter part of

Ecclesise; etiamque e libro Exces- Johnson's preface in a note. See Wil-

trensis Ecclesise." — Wilkins who here kins, vol. i. p. 366, note.]

follows Speiman gives the above and f [2. De ordinationibus passim fac-

next two sets of canons under A.D. tis, et per pretium. S. W.]

8

[A.D. 1070.

point of exemption ; and so far prevailed, that the renewal of it was
deferred from time to time. But Becket being now] chancellor, did so
effectually oppose the bishop as to frustrate all his endeavours ; so that it
may truly be said, no man that ever wore a mitre in England did more
injury to episcopacy than Becket.]]

7. That bishops and priests invite laymen to penance.

8. Of apostatizing clerks and monks.

9. That bishops have their sees ascertained, and that none
conspire against the prince.

10. That laymen pay tithes, as it is written.

11. That none invade the goods of the Church.

12. That no clerk bear secular arms.

13. That clerks and monks be duly reverenced. Let him
that does otherwise be anathema.

A.D. MLXXI.

LANFRANC'S CANONS AT WINCHESTER.

HEADS OF A COUNCIL CELEBRATED AT WINCHESTER*.

LATIN. 1. THAT no one be allowed to preside in two bishoprics.

2. That no one be ordained by means of simoniacal
heresy.

3. That foreign clergymen be not received without com
mendatory letters.

4. That ordinations be performed at the certain seasons.

5. Of altars, that they be of stone.

6. That the sacrifice be not of beer, or water alone, but of
wine mixed with water only.

7. Of baptism, that it be celebrated at Easter and Whit
suntide only, except there be danger of death.

8. That masses be not celebrated in churches, before they
have been consecrated by bishops.

* [These heads of a council at Win- f. 2b, to f 4 a. Johnson's translation
Chester, as also the next set of canons, has been compared with this copy as
are extant in (X.) MS. Bodl. Jun. 121 well as with Spelman and Wilkins.]

A. D. 1071.] AT WINCHESTER. 9

9. That the corpses of the dead be not buried in churches.

10. That the bells be not tolled at celebrating in the time
of the a secret*.

a The Secretum Missce is the canon of the mass going before the eleva
tion. Not that there was yet any such ceremony as that of the solemn
elevation used in order to the worshipping of the host ; but the bells were
rung as soon as the consecration was finished, in order to excite the peo
ple to prayers, as William archbishop of Paris teacheth us in his fourteenth
canon f, and the consecrated host was shewed to the people at the same
time ; this was at the beginning of the thirteenth century ; the worship
ping of it came in soon after. It is great pity that we have not these and
the foregoing canons at large, they would probably have given us con
siderable light into the practices of a very dark age.

11. That bishops only give penance for gross crimes J.

12. That monks who have thrown off their habit be
neither admitted into the army nor into any convent of
clerks, but be esteemed excommunicate.

13. That every bishop celebrate a synod once a year§.

14. That tithes be paid by all.

15. That clergymen either live chastely, or desist from
their office.

16. That chalices be not of wax or wood^[.

* [10. Quod tintinnabula non pul- tion respecting the use of bells and

sentur, quando missa celebratur tern- the arrangement of services at the

pore secret!. S. W. The only varia- time : they are not in Spelman, and

tion of MS. X. is ' secrete,' as if the must have been unknown to Johnson.]

ellipse were orationis. Perhaps this f [Additiones Willelmi Parisiensis

head of a canon may he illustrated by Episcopi ad Constitutiones Gallonis

the following : " Sonantibus omnibus Card. A.D. 1208. can. xv. Concilia,

signis chorum introeant, eisque ces- torn. xxii. col. 768.]

santibus missam incipiant." Consti- J [11. Quod de criminibus soli epi-

tutiones Lanfranci, A.D. 1072; Wil- scopi poenitentiam tribuant. X. S. W.]

kins, vol. i. p. 342. These last-named § [13. Quod quisque episcopus omni

constitutions, printed by Wilkins from anno synodum celebret. X. S. W.]

MS. Dunelm. B. iv. 24, fill forty-one ^| [vel lignei, omitted in X.]
folio pages, and give much informa-

A.D. MLXXII.

SOLDIERS' PENANCE.
\

LATIN. THIS is the institution of penance according to the de
crees of the Norman prelates (confirmed by authority of the
chief pontiff, by his legate Hermenfride bishop of Syon) to
be imposed upon those men b'whom William duke of the
Normans commanded to be in arms, and upon those who
were in arms without his command and did of right owe
him military service *.

b Here I follow Mr. Somner's emendations : Sir H. Spelman's copy
is corrupted.

[Addenda.] [Somner thus corrects the Latin, viz., quos Willielmus Normannorum
dux suo jussu armavit, et qui absque jussu suo erant armati et ex de-
bito,

1. cLet him who knows he killed a man in the great
battle do penance one year for every one, according to the
number [slain by him] .

e It is strange that they who allow the lawfulness of war, and of killing
men in battle, should yet enjoin penance to men for doing their duty as
soldiers : yet this is what all the ancient penitentiaries do. The canons
ad remedia peccatorum, which are the most ancient of the English, enjoin
but forty days' penance for killing a man in battle. Can. 3f .

2. For every one that he struck, if he do not know that
he died of the blow, if he remember the number, forty days
for every single man, either all at once, or by intervals.

3. If he know not the number of men whom he has
slain, or struck, let him do penance one day in every week,
at the discretion of the bishop, as long as he lives; or if he
be able, let him redeem it with perpetual alms, by building
or endowing a church.

* [ Wilkins follows Somner's emen- quos "W. Normannorum dux suo jussu,

dation as given in Johnson's note from et "qui ante he jussu sui erant, et ex

the Addenda. The reading of MS. X., debito ei militiam debebant.]

which seems to be the authority quoted f [Spelman, Cone., vol. i. p. 283.]
in Spelman's margin, is as follows :

A. D. 1072.] LANFRANC'S CANONS AT WINCHESTER. 11

4. Let him that intended to strike any one, though he
did it not, do three days' penance.

5. As for those of the clergy who fought, or armed them
selves to fight, because fighting is forbidden them according
to the canonical institutes, let them d repent as if they had
sinned in their own country. Let the penances of the
monks be stated according to their own rule, and the judg
ments of the abbots.

d The clergyman's penance for murder was perpetual imprisonment ; or
at least living close in a monastery, on hard fare ; but much was left to
the discretion of the bishop.

6. Let them who fought through hopes of reward only,
know that they ought to do penance eas for murder.

e The common penance for wilful murder was seven or ten years : yet
by the old canon last mentioned it was but four years for killing a
layman, seven years for killing a clergyman. This last case was now re
served to the pope, who acted at discretion.

7. But the bishops have appointed three years of penance
to them who fought in the public war ffor the discharge of
their amerciaments*.

f Pro misericordia. Lat.

8. As for the archers, who have ignorantly killed, or
wounded any without killing of them, let them do penance
for three Lents.

9. Whoever from the beginning of this battle t, before the
king's consecration, have run up and down the kingdom to
get victuals, [and] have killed any of their enemies who
made resistance, let them do a year's penance for every
one whom they killed.

10. But let them who have run up and down not for want
of victuals, but to get plunder, and have killed any, do three
years' penance.

* [' Pro misericordia' rather means homicidio poenitere debere. Sed quia
' for mercy,' that is, as a compassionate in publico bello pugnaverunt pro mi-
mitigation of the full penance. This sericordia tres annos pcenitentiae eis
and the foregoing sentence are clearly episcopi statuerunt. Bodl. MS. Jun.
connected, and in MS. X. stand thus : 121 f. 3 b.]

Qui autem tantum praemio adducti f [excepto hoc proelio,S.W. Rather,

pugnaverunt cognoscant se sicut pro ' this battle excepted.']

12 LANFRANC'S CANONS [A. D. 1072.

11. But let him who hath killed a man since the consecra
tion of the king do penance as for wilful murder : saving
that if any one killed or struck a man that was yet resisting
the king, let him do penance as above.

12. Let a man do penance for all manner of adulteries,
rapes, and fornications, as if he had sinned in his own
country.

13. As to the violation of churches, as also things which
they have taken away from churches, let them, if possible,
restore them to that [church] from which they took them ;
if that cannot be, to some other church. But if they refuse
to restore them, the bishops have ordained that neither they
do sell them nor others buy them.

A.D. MLXXV.

LANFRANC'S CANONS AT LONDON.

LATIN. IN the reign of William the glorious king of the English,
^ir .H- the ninth year, was assembled in the church of the blessed

opelman, *

vol. ii. p. 7. Apostle Paul, London, a council of the whole English nation,
Wigom. ™'> °^ bishops, abbots, and many persons of religious order,
Ecciesia. Lanfranc the arch-prelate of the holy church of Canterbury,

[Wilkins, . _ , , * . . 1V , .,. .

vol. i. primate of the whole isle of Britain, calling and presiding in
p. 363*.] t^ same . the venerable men Thomas, archbishop of York,
William, bishop of London, gGoisfrid of Constance, (who,
though a foreign bishop, yet having much land in England
sat in council with the rest,) Walkelin of Winchester, Her
man of Shirburn, Wulstan of Worcester, Walter of Hereford,
hGiso of Wells, K/emigius of Dorchester, or Lincoln, Herfast
of Helmam, or Norwich, Stigand of Seolsey : Osburn of
Excester, Peter of Lichfield : Rochester church then wanted
a pastor : the bishop of Lindisfarn, or Durham, could not
be present in council, having a canonical excuse.

* ["Ex vetusto registro Wigorn. Malmesbury de gestis Pont. Angl. , lib.
eccles. collat. cum MS. Cantuar. eccles. i. p. 212. Rer. Angl. Scriptt. post Be-
A. vii. 6." See also in William of dam Franc. 1601.]

A. D. 1075.] AT LONDON. 13

8 Alias Gauffrid. This preface was written by a later hand, after all
the village bishops were translated to cities.

h This bishop was born in Lorrain, and was a great favourite of
William the Conqueror, as well as Edward the Confessor : for he too was
fond of foreigners.

Many things were renewed, which are known to have
been defined by old canons, because councils had been
disused in the kingdom of England for many years past.

It was ordained according to the council of 'Milevis, Brague,
and the fourth of Toledo, that bishops should take place ac
cording to the time of their ordination, unless their sees had
the privilege of precedence by ancient custom. The seniors
being asked what they had seen, or heard from others as to
this point, had time given them till next day to make answer,
as they did, viz., that the archbishop of York ought to sit at
the right Jbtand of him at Canterbury, he of London on the
left, Winchester next to York; but if York were absent,
then London at the right hand, Winchester at the left of
Canterbury.

1 See can. Mil, 13*. can. Bracar. (A.D. 563.) 6f. can. Tolet. (A.D.
633.) 6J.

2. ' That monks observe their order according to the rule
of Benedict, and the dialogue of Gregory, k [that the young
[monks] be kept under masters in proper places appointed
for this purpose; that all of them carry lights by night,
unless such as are not allowed by their prelates to have
any thing of their own§.] If any without licence are dis
covered to have any thing of their own and do not with
repentance confess, and discard it before they die, let not the
bells be tolled, nor the salutary sacrifice be offered for such
an one, nor is he to be buried in the churchyard.

k Malmesbury's copy, and that of the public library at Cambridge, in
stead of the words in [ ] have only these following, viz., " that monks
nothing of their own."

* [Concil. Milev. A.D. 416. can. locorum consuetudine, ut monachi or-

13. Concilia, torn. iv. p. 330.] dinem debitum teneant; infantes prse-

f [Ibid., torn. ix. p. 778.] cipue et juvenes in omnibus locis de-

J [Concil. Toled. IV. can.^iv. ; ibid., putatis sibi idoneis magistris custodiam

torn. x. p. 617.] habeant ; nocte luminaria ferant gene-

'§ [Ex regula beati Benedicti dia- raliter omnes, nisi a pralatis concessa

logo Gregorii, et antiqua regularium proprietate careant. W.]

14 LANFRANC S CANONS [A. D. 1075.

3. According to the decrees of mPope Damasus and Leo,
and the councils of Sardica and DLaodicea*, it is granted by
royal favour and the authority of synod to three bishops, to
remove from villages to cities, that is, Herman from Shir-
burn to Salisbury, Stigand from Seolsey to Chichester, and
Peter from Lichfield to Chester. The case of0 some, who
are yet in villages, is deferred till the king return from
foreign parts.

1 The third, fourth, and fifth canons are wanting in the Cambridge
copy.

m The decrees of Damasus are forgeries. See Dec. 49 of Leo f, can. 6.
of Sardica J.

" Can. 57 § of Laodicea forbids chore- episcopi, but this of Lanfranc is
meant of the principal bishop.

0 That is Kirton, Dorchester, and Helmam, which were afterwards
removed to Excester, Lincoln, and Norwich. Pol. Vergil adds that
Wells was removed to Bath«[[ : and he places this council 1078. But
there is little regard to be had to him, especially in point of chro
nology.

4. That no one ordain or receive a clergyman or monk
that belongs not to him, according to many papal decrees
and sacred canons.

5. To restrain the insolence of some indiscreet men, it was
unanimously ordained that none but bishops and abbots
speak in council without licence of the metropolitan.

6. That no one marry any of his own kindred, or of the
kindred of a deceased wife, or the widow of a deceased
kinsman within the seventh degree, according to the decree
of Gregory the p Great and the Less.

p Gregory the Great allowed marriage in any degree beyond the fourth,
as appears by his prescript to Augustin of Canterbury. Burchard and
Gratian have palmed a decree upon him, which seems to countenance
Lanfranc here ; but the late editors of the Corp. Jur. Can. do clearly
enough own the error, caus. 35. quaest. 2, 3. c. 16. p. 431, ed. Paris. 1695.
It is true a decree to the same effect is cited from Gregory the Great, qusest.

* [Johnson omits in quibus prohi- canos, § 10. Concilia, torn. v. col.

betur episcopales secies in villis exis- 1257.]

tere. S. W.] J [A.D. 347, Concil. torn. iii. p. 9.]

f [Leonis I. Deer. c. 49. ap. Cod. § [A.D. 320, Ibid., torn. iv. p. 573.]

Canonum Vetus Eccl. Rom. p. 484. 1 [Polyd. Verg. Arigl. Hist, lib. ix.

Paris. 1609. Ex Epist. ad Episc. Afri- p. 158. Basil. 1557.]

A. D. 1075.] AT LONDON. 15

ead. c. 2. p. 431. But it is said to be cited by the council of Meaux,
A.D. 600 ; whereas there is no good proof of any such council at Meaux
before the ninth century, and it is therefore of no authority at all to
prove any such decree of Gregory the Great. The very next canon to this
in the Corp. Jur. Can. allows those in the fifth degree to marry, and forbids
those in the fourth to be separated if they are married, which the editors
attribute to Theodore of Canterbury, and which was the doctrine of
Gregory the Great, though Gratian cites it as a decree of Pope Fabian.

7. That no one buy or sell orders, or any ecclesiastical

office, wherein the cure of souls is concerned^. For Peter [Acts viii.
forbad this to Simon, and it is forbidden by the holy fathers, 20^
under pain of excommunication.

q The foregoing words of this canon are not in Malmesbury, and the fol
lowing «anon in him wants the first clause.

8. That the bones of dead animals be not hung up to
drive away the pestilence from cattle, and that sorcery, sooth-
sayings, divinations, and such-like works of the devil be not
practised; for the holy canons forbid this under pain of
excommunication.

9. That no bishop, abbot, or clergyman sit as judge in
a cause of life or member, or by his authority countenance
them that do, according to the council of rEliberis and
8 Toledo the eleventh. Fourteen archbishops and bishops
subscribe, twenty-one abbots, but Anschitill, archdeacon of
Canterbury, before the abbots.

r By can. 56. Elib.* the Duumvir was forbid to come to church during
that year that he bore this office. I find nothing else to the purpose in
those canons.

' See the sixth canon of the council of Toledo, A.D. 638 f. Our old
English bishops made no conscience of sitting in the secular courts
before the Conquest : but then it must be owned life or limb seldom was
in dispute. A weregild, mulct, or a severe jerking was the usual inflic
tion ; though after the Danes got the rule other corporal punishments
were in use.

[There is in the library of St. John's College, Cambridge, a MS. copy of [Addenda,]
this council, with this title, [a council of King William and Archbishop
Lanfranc at London, concerning the primacy of the church of Canterbury,
and the rules of the churches,] yet there could be no dispute about the
primacy here. For Lanfranc called the council, and presided in it,
the archbishop of York sitting at his right hand. In Sir H. Spelman's

* [Concil., torn. ii. p. 15.] eleventh council of Toledo, A.D. 675.

f [Rather the first canon of the Concilia, torn. xi. fol. 137.]

16 LANFRANC'S CANONS AT LONDON. [A. D. 1075.

third copy, p. 10, 11, there is indeed a postscript after a brief recital of
the subscriptions, to this effect ; "That in those times it was shewed and
proved by divers authorities, that the church of York ought to be sub
ject to that of Canterbury, and to obey the directions of the archbishop
thereof, as primate of all Britain, in all things that concern the Christian
religion. And they asserted the subjection of the bishop of Durham to
the government of the church of York, the bounds of which [government]
were from the river Humber to the farthest part of Scotland."

There are thirty-five differences in the spellings, points, and words,
between the first copy of Sir H. Spelman (which I translate) and that of
St. John's, but none that affect the sense so as to oblige me to alter my
translation. The names of the subscribers, and of their sees, &c., are the
same in St. John's MS. and Sir H, Spelman's print, though differently
•wrote ; particularly the [w] in Sir H. Spelman's is for the most part [uu]
in St. John's. I am persuaded that the series of the subscriptions in the
MS. from which Sir H. Spelman published his copy, was the same with
that in the other copy; that is to say, that they consisted of three
columns, as they do in St. John's MS., viz., In the first column on the
left hand stand the two archbishops and the twelve bishops, with Anschitill
the archdeacon at the foot of it. In the second column stand the twelve
first abbots, viz., Scollandus * (as it is there written) abbot of St. Austin's,
parallel to Lanfranc the archbishop, and so on, till you come to Osirich
de Horton, the twelfth abbot, whose name stands parallel to that of Stigand
the twelfth bishop. But Osbern of Excester, Peter of Chester, and Anschi
till the archdeacon, stand singly in the same column with the bishops
without any names parallel to them in the other column. The nine re
maining abbots must therefore stand in a third column. Sir H. Spel
man's page was not large enough to represent the subscriptions in three
columns as they stood in the MS., therefore he places all in one row ; and
so Anschitill the archdeacon stands before all the abbots in his edition,
which probably the abbots would never have endured in that age.

* [Scotlandus S. W. The Canter- gives the whole list as Spelman. Corn-
bury MS. (see above, p. 12 *) has only pare Spelm., vol. ii. p. 8, 9, and Wil-
the first two subscriptions, and Wilkins kins, vol. i. p. 364, note J.]

A.D. MLXXVI.

LANFRANC'S CANONS AT WINCHESTER.

LAN FRANC, archbishop of Canterbury, assembled another LATIN.
council at Winchester, Indict. 14, the most glorious William spelman,
reigning in Britain, Lanfranc presiding at Canterbury^ volj3ii*
Thomas at York ; on that year I say a council was held at [Wilkins,
Winchester, on the kalends of April, by the same primate of ™1^ .
the church of Canterbury ; and therein was the cause of [Addenda.]
Aylrica our brother, formerly bishop of Chichester, deter
mined, and brought to a final issue : and therein it was also
decreed, &c.

a Aylric, or Egelric, is the same name with Agelric. The legate
deposed him, and the Conqueror, we have heard, had by force thrust him
from his see into a gaol at Marlburgh, but without crime. And now
things being brought to a sort of a settlement, he applied to the archbishop
in synod for his enlargement. For by the old laws of England, which the
Conqueror pretended to observe, ecclesiastics were to be tried by bishops
only. (See MLXIV. 5, &c.) And [this bishop was very famous for
his knowledge in the laws and constitution of England : insomuch
that he was brought in a waggon (quadriga) to Pinnenden-Heath in
Kent, to assist at the determining of a great cause there, tried between
Odo bishop of Bayeux, (who was also the king's brother, and earl of
Kent,) and Lanfranc the archbishop in 1074. It was probably by Aylric's
means that Lanfranc recovered his lands then in dispute. (For it does
not appear, that there was then any such distinct rank of men as those
now called lawyers.) And at the same time the archbishop recovered
some secular privileges, as that neither king nor earl could claim any
thing in the archbishop's lands, excepting that if the archbishop's men
digged a ditch, or felled a tree in the king's highway ; or that murder or
bloodshed was committed, and the party taken in the fact ; the satisfac
tion was to the king ; if he were' not taken in the fact, the satisfaction
belonged to the archbishop. Farther, it was adjudged that the arch
bishop had satisfaction due to him for murder committed even on the
king'* and earl's land, from such time as they cease to sing alleluia,
(that is, I conceive, from Septuagesima,) till low-Sunday ; and also half
the cylbpite or satisfaction for a child unlawfully begotten. Lambard
calls this the correction of adultery and fornication, and says, the bishops

* [" Ex M. Parker Antiq. Brit. eccl. canons are also extant in Bodl. MS.
ed. London, p. 173." Archbishop Jun. 121. f. 4, and are there expressly
Parker notes his authority in the mar- dated A.D. 1076, as in Parker.]
gin thus; " Ex lib. constitutionum ec- f [Johnson omits totius Britannic

clesiae Wigorn., p. 101." The same primate, X. Parker, S. W.J

JOHNSON. r>

18 LANFRANC'S CANONS [A.D. 1076.

had not yet gotten it wholly into their hands, because the king had half
the forfeiture ; whereas in truth this child-wite was a mere secular right,
and part of the archbishop's royalty. The correction of the offender for
his soul's health was a distinct thing, and had ever been the right of
every bishop within his own diocese.

Aylric, who had carried the cause for the archbishop, could not fail of
pleading his own cause effectually, when he came to a fair hearing. His
bishopric indeed (which was that of Seolsey, now Chichester) was irre
coverably gone, by royal will and pleasure of the Conqueror ; but even his
successor Stigand, who now sat as one of his judges, could do no less than
vote him his liberty. The good man could not long survive this ; for
Eadmer, in his life of Dunstan*, (where he speaks of the other with re
spect,) says, that he was almost contemporary to that archbishop, who had
been now dead 88 years.]

1 . That no canon have a wife ; that such priests as live in
castles and villages be not forced to dismiss wives, if they
have them ; but such as have not are forbidden to have any.
And for the future, let bishops take care to ordain no man
priest or deacon, unless he first profess that he hath no
wife.

[Addenda.] [An oath of chastity was in this age imposed on all that entered into
the superior orders, as Sir H. Spelrnan proves by a letter written by Gerard,
archbishop of York, to Anselm, afterwards archbishop of Canterbury, in
which are words to this effect, " when I call on any to enter into [the supe
rior] orders, they oppose it with a stiff neck, that they may not upon their
ordination profess chastity f." He justly supposes that the oath was now
the same with that mentioned by me in 740 MS. Preface : yet it is clear
from this canon, and from can. 4. 1102, that this oath had not been
universally taken of late years.]

2. That no clergyman or monk be received without his
bishop's letters : and if a monk be canonically received, yet
let him not publicly serve in the churches.

3. It is decreed that no clergyman, either in the city
or country, pay anyb service for his ecclesiastical benefice,
but what he paid in the time of King Edward.

b This is to be understood of secular service, viz., rinding men or arms
for the wars, paying any rent in coin, money, or work to the lord, either
mean or sovereign. For not only the king himself, but his great men did
all they could to humble the poor English clergy : yet Lanfranc and the
Norman bishops seem to condemn this : but to very little purpose.

4. If laymen are accused of any crime, and will not obey

* [Eadmeri Vit. S. Dunst. prolog. p. 211.]
apud Wharton. Angl. Sacr., torn, ii, f [Spelman, vol. ii. p. 23.]

A. D. 1076.] AT WINCHESTER. 19

the bishop, let them be summoned three several times; if
upon the third summons they are never the better, let them
be excommunicated. If after their being excommunicate
they come to make satisfaction, let them pay their c for
feiture to the bishop for every summons.

0 This forfeiture is thus expressed in the Latin, forisfacturam, quce Ang-
lice vocatur ©f Harness seu Cafyslpte. Oyephypnerr is the old Saxon
word for disobedience or contumacy. [The forfeiture for contumacy to the [Addenda.]
bishop, according to law 35 of Henry I., was 20 marks*.] I have never
elsewhere met with the other word ; but it seems to me to signify a con
tempt of the keys, that is, of ecclesiastical authority : as Lahrlite signifies
a mulct for the contempt of the common law; quasi Laga-rlite; so
cahrlire was a forfeiture for the contempt of the keys ; quasi Lsega-rlitef.
(Somner here reads 3£af)Sltte.) And since those Norman bishops had the
name from the old English Saxons, we may safely conclude they had the
thing too : I mean, that they cited men before them by a pure ecclesiasti
cal authority, and might lay mulcts on them that were guilty of contu
macy, and that therefore they had courts distinct from the secular. See
King William's rescript following next after these canons.

5. Farther, it is ordained that no man give his daughter or
kinswoman in marriage without the priest's benediction :
other marriage shall be deemed fornication.

6. We forbid all d supplantation of churches.

d William the Conqueror and his minions endeavoured to strip churches and
monasteries of their estates by enquiring into the titles by which they held
them : the clergy and monks were destitute of written deeds and charters,
whereby to give such evidence of their right as the Normans demanded :
in some cases the old English Saxons conveyed their lands by instruments
in writing ; yet for the most part estates were given fry word of mouth,
and by delivering a sword, a staff, or the like : but for want of charters
they lost a great share of their endowments : this is what the synod here
calls a supplantation of churches. And there is reason to believe that the
third canon and this made little impression upon the consciences of the
Normans. Ingulphus was made abbot of Croyland this very year, and
was the king's great favourite, though of English extract ; yet he found
occasion to forge a set of charters, whereby to secure the lands of his abbey
from these harpies : for the monks made no conscience of supplanting the
supplanters, and this was the cause of so many false deeds and charters
as are every where to be found in the repositories of the antiquarians.

* [Overseunesse . . . episcopi X. in the other edition, London, 1729 : no

mane. T.] help is afforded in this place by MS.

f [Cahslite in Spelman is probably X., which reads " forisfacturam suam

a mere mistake, because he here quotes quse Anglice vocatur ouessevvenesse

not from a manuscript, but from An- seu laxelit." For the meaning of ofer-

tiq. Brit. Eccl. impr. Hanoviae, 1605, hyrnesse see vol. i. pp. 340-1, note J.]
p. 114, where the word is lahslite, as

c 2

A.D. MLXXXV.

LATIN.
Sir H.

Spelman,
vol. ii.
p. 14.
[Wilkins,
vol. i.
p. 368*.]

"KING WILLIAM THE FIRST'S MANDATE FOR SEPARAT
ING THE ECCLESIASTICAL COURT FROM^ THE HUNDRED
COURT.

WILLIAM, by the grace of God king of the English, to
R. Barnard, G. of Magneville, and Peter of Valoins, and
all my liege men of Essex, Hertfordshire and Middlesex,
greeting.

a This is without date, as very many ancient instruments of the great
est importance were. Sir H. Spelman, justly I think, places it about
A.D. 1085. The Norman bishops prevailed on the king to make this
great alteration in the constitution, by which the spiritualty was more
un tacked than the temporalty ; and it was very agreeable to the temper
of the Church of Rome, which always declared against clergymen's medd
ling with secular judicatures f. But they are greatly mistaken who think
that the bishops and prelates got any thing by this separation. For they
ever had their distinct judicatures for merely spiritual matters, and it is
greatly to be lamented that they ever assumed to themselves the cogni
zance of any civil matters in their own courts. However it will appear that
this separation occasioned great disputes, (see articles of Clarendon). The
old English bishops were probably neither disposed nor encouraged to sit
in temporal courts with the then Norman lords : the Norman bishops de
clined it, as contrary to their scheme of government ; so that the judica
tures might be separated in fact long before this law was made.

Know ye, and all my liege men in England, that I have
determined that the episcopal laws be mended (as having not
been right according to the tenor of the canons, even to my
time, in the realm of the English) by a common council, and
by a council of my archbishops, bishops, abbots, and princi
pal men of my kingdom : wherefore I command and charge
you by royal authority, that no bishop nor archdeacon do
hereafter hold plea in the hundred, according to the laws

* [" Ex cod. MS. penes dec. et ca-
pit eccl. cathed. S. Pauli London. A.
fol. 1. a. collat. cum registro Lincoln.
Remigius, fol. 9."]

f ["950. 5. See ad A.D. 1064 in
Addend, note a, and 1076. 4." MS.
note Wrangham.J

A. D. 1085.] SEPARATION OF COURTS. 21

episcopal, nor bring those causes before the secular judica
ture, which concern the regimen of souls. But whoever is
impleaded by the laws episcopal, for any causes or crime, let
him come to the place which the bishop shall choose and
name for this purpose, and there make answer concerning
his cause and crime; and that not according to the b hun
dred, but according to the canons and the laws episcopal,
and let him do right to God and the bishop. But if any
one being lifted up with pride, refuse to come to the
bishop's court, let him be summoned three several times;
and if by this means he be not brought to obedience, let
application be made to the power and court of the king or
sheriff; and he who upon summons refuses to come to the
episcopal court shall make c satis faction for every summons,
according to the laws episcopal. This also I absolutely for
bid, that any sheriff, provost, minister of the king*, do any
ways concern himself with the laws which belong to the
bishop, or bring another man to judgment any where but in
the bishop's court. And let judgment be no where under
gone but in the bishop's see, or in that place which he ap
points for this purpose.

* Hundred here signifies not only the lesser court kept in every district
that had ten tithings. but every common law court, that of the county not
excepted : for that was but a collection of many hundreds, and every
lesser court consisted of one or more of these hundreds ; for they were
not confined to any certain number.

c Here the king expressly owns a satisfaction due to the bishop for not
appearing at his summons before the making of this partition of judica
tures ; therefore there can be no reasonable doubt, but that the bishop
exercised a separate jurisdiction in foregoing times. But he sat in the
county court too, and he or his archdeacon in every lesser hundred court.
For there he was sure to meet such offenders (if they were to be found)
as would not appear without force. And farther, it was his duty to assist
the alderman or sheriff in dispensing civil justice.

d By judgment here I understand ordeal.

[I have not taken into this collection the laws ecclesiastical of King [Addenda.]
Henry I., partly because they were too bulky, and so interwoven with the
temporal laws as not easily to be separated ; but especially because in
the main they contain very little besides repetitions of the Saxonic laws,
which I have already given my reader in the former volume.

The English in these and the foregoing reigns desired, and even de-

* [Johnson omits nee aliquis laicus homo. S. W.]

SEPARATION OF COURTS. [A. D. 1085.

manded to be governed by the laws of King Edward the Confessor ; and
the laws of this king were no other than the Saxonic laws of his prede
cessor, varied perhaps in some circumstances, according to the exigency
of the present times. And I take the laws of King Henry I. to be a col
lection or system of such laws, drawn up in compliance with the most
importunate clamours of his people.

Some of these old Saxonic laws, which were, one would think, least of
all agreeable to the mind of the king, are there to be found ; as that a
clergyman if he have not married, and wholly abandoned himself to a
secular way of living, shall be tried by his bishop only, for any crime,
great or small, c. 57. Somner in his MS. notes calls this Becket's law ;
and from thence concludes that additions have been made to these laws
since that archbishop's death : yet I do not think this a just conclusion :
for the collection of Edward the Confessor's laws in the former volume,
bearing date there 1064, (law 3 and 5,) do expressly give this privilege
to clergymen. Among many penances inflicted by these laws, there is a
penance assigned particularly for killing men in battle, or in defence of
one's natural lord, c. 68. Nay, in opposition to popes, councils, and the
mandate of the Conqueror, the bishop is again required to sit in the county
court, c. 7 and 31. Countenance is given to making appeals to Rome
in some cases, c. 5. And this was every now and then practised in the
Saxonic times ; but it never grew into a settled course of proceeding, till
Henry of Winchester introduced it, by being legate constantly resident
here in England. The only law that concerns the Church, and which
seems perfectly new, to my observation at least, is that in c. 89, where he
that is impeached for murdering father, mother, &c., if he denies it, is
obliged to undergo the ordeal of walking over heated ploughshares. This
is there called a Salic law *,]

* [For the laws of King Henry the Archaeonomia, ed. Wheloc, and Wil-
First, see Thorpe, Ancient Laws and kins, Leges Anglo -Saxonicse.j
Institutes. They are also in Lamhard's

A.D. MCIL

PREFACE TO ANSELM'S CANONS AT WESTMINSTER.

DURING the unhappy reign of William Rufus there was
no ecclesiastical synod, and nothing went right. Lanfranc,
having sat above eighteen years in the archbishop's chair,
died in the year 1089, and the see remained vacant near
five years. And though Anselm was consecrated toward the
end of the year 1093, yet he had no time for regulating
the Church. He had first a long contention with the king
(William Rufus) which he maintained with great fierceness
and obstinacy, concerning his receiving the pall from Pope
Urban, whom the king did not acknowledge to be duly
elected. Afterwards he was engaged in a dispute with the
same prince and his brother and successor Henry I. concern
ing the right of investiture : for bishops here in England, as
well as in other Churches, used to receive a ring and pastoral
staff from the king upon their doing homage to him before
their consecration. This practice seems to have been intro
duced by the see of Rome. For Pope Adrian in a synod anno
Dom. 786*, gave Charles the Great power to elect the future
popes, and determined that archbishops and bishops should
receive investiture from him, and forbad any to be conse
crated under pain of anathema, that were not so invested,
and these facts stand recorded in the body of the canon law.
Dist. Ixiii. c. 22, 23. And though the same was done again
near a hundred years after by Pope Leo to Otho, yet by
Anselm's time the popes had repented of their predecessor's
easiness, and this practice of princes was called the heresy of
investitures, and bishops in many places refused to take the
staff and ring from kings ; for it was thought inconsistent
with their spiritual authority, which they received from the
pope only under Christ. By means of these heats, Anselm
spent most of the sixteen years of his primacy in banishment
abroad or in conflicts at home; and the generality of the
bishops stood with the king, and against the archbishop in
these points. However, he assembled a synod for the refor
mation of the Church.

* ["It is mentioned earlier in the Burnet, Rt. of Princes, p. 174." MS.
life of Romanus, Bp. of Rouen, 623, note Wrangham.J
who received the staff from Clovis II.

A.D. MCII.

ANSELM'S CANONS AT WESTMINSTER.

LATIN.
Sir H.

Spelman,
vol. ii.
p. 23;

[Wilkins,
vol. i.
p. 382.]

IN St. Peter's church on the west side of London, (i. e.
Westminster,) this Anselm, archbishop of Canterbury, aGirard,
archbishop of York, and other bishops and abbots, with the
consent of the king and principal men of the whole realm ;
the archbishop met in synod petitioning they might be pre
sent, to the intent that what was done might be more unani
mously observed; especially, because for long want of synods
Christian zeal was grown cold, says Malmsbury*. In this

* [Rather Eadmer, followed by
Malmesbury. Wilkins, following Cos-
sart in his correction of Binius, shews
by quoting the narrative of Eadmer,
that the various notices collected under
the year 1102 by Spelman, pp. 21-5,
belong to one and the same council
held in that year at London.

" Per idem tempus (inquit Eadmerus,
Hist. Nov., lib. iii. p. 67, seqq.) cele-
bratum est generale concilium episc.
et abbatum totius regni in ecclesia B.
Petri apostolorum principis, quae in
occidentali parte Lundonise sita est.
Cui concilio praesedit Anselmus,archi-
episc. Dorobernensis, considentibus se-
curn archiep. Eboracensi, Gerardo,
Mauritio, episc. Lundonensi, Willelmo,
electo episcopo Wintoniensi, Roberto,
episc. Lincolniensi, Samsone Wigor-
nensi, Roberto Cestrensi, Johanne Ba-
thoniensi, Herberto Norwicensi, Ra-
dulpho Cicestrensi, Gundulfo Roffensi,
Hervaeo Bangorensi, et duobus noviter
investitis, Rogerio scilicet Serberiensi,
et Rogerio Herefordensi. Osbernus
autem Exoniensis infirmitate deten-
tus, interesse non potuit. In hoc con
cilio multa ecclesiasticas disciplinae ne-
cessaria servari Anselmus instituit,
quae postmodum sedis apostolicae pon-
tifex sua auctoritate confirmavit. Cu-
jus concilii seriem, sicut ab eodem pa-
tre Anselmo descripta est, huic operi
inserere non incongruum existimavi-
mus. Scribit itaque sic :

Anno dominicae incarnationis MCII,
quarto autem praesulatus Paschalis
summi pontificis tertio regni Henrici,
gloriosi regis Anglorum, ipso annuente
celebratum est concilium in ecclesia
beati Petri, in occidentali parte juxta
Lundoniam sita ; communi consensu
episcoporum, et abbatum, et principum
totius regni. In quo praesedit An
selmus, archiepiscopus Dorobernensis,
et primas totius Britanniaa, considen
tibus venerabilibus viris Gerardo, Ebo
racensi archiepiscopo, Mauritio, Lun-
doniensi episcopo, Williehno, Winto-
niae electo episcopo, aliisque, tarn epi-
scopis quam abbatibus. Huic conven-
tui affuerunt, Anselrno archiepiscopo
petente a rege, primates regni ; quate-
nus, quicquid ejusdem concilii aucto
ritate decerneretur, utriusque ordinis
concordi cura et solicitudine tutum
servaretur. Sic enim necesse erat,
quum multis retro annis synodali cul-
tura cessante, vitiorum vepribus suc-
crescentibus, christianae religionis fer
vor in Anglia nimis refrixerat. Pri-
mum itaque ex auctoritate sanctorum
patrutn simoniacae haeresis surreptio
in eodem concilio damnata est. In qua
culpa inventi, depositi sunt Guido, ab
bas de Perscor, et Wimundus de Tave-
stoch, et Ealdwinus de Rameseia, et
alii nondum sacrati, remoti ab abbatiis;
scilicet Godricus de Burgo, Haymo de
Cernel, Egelricus deMiddeltune. Abs-
que simonia vero remoti sunt ab abba-

A. D. 1102.] ANSELM'S CANONS AT WESTMINSTER. 25

synod three great abbots were deposed for simony, three
that had not yet been consecrated were turned out of their
abbeys, and three others were deprived for other crimes,
though several of them were afterwards restored by dint of
money, and farther it was decreed,

a Thomas his predecessor attended Lanfranc of Canterbury [in five
councils, says a MS. in the Cotton library, Sir H. Spelman, p. 15. In the
first copy of Sir H. Spelman, eleven bishops are mentioned ; among them,
Herveus bishop of Banchor, the first Welsh bishop that I ever observed
present in an English council.

[We are not to look on this as the beginning of a coalition between the [Addenda.]
English and Welsh Church, (which yet seems to have been brought about
within twenty-five years from this time,) but Herveus pretended to have
come hither as to a place of refuge, having been ejected from his see by
secular violence ; but he was suspected to aim at an English bishopric,
and he obtained one. On the death of the last abbot of Ely the king
granted to him the custody of that abbacy ; and he so effectually ingra
tiated with the monks as to gain their consent to have their abbacy
erected into a bishopric. The king and pope approve of their design,
and confirm it. The bishop of Lincoln would not permit his diocese to be
dismembered till they purchased his consent with a good manor. Thus
Herveus founded the see of Ely, and became first bishop there. The
monks found reason to repent of their easiness, for in separating the
estate between himself and them (which was now the general practice) he
left only the barren and worthless part of the lands to the monks. In
this and other particulars, he shewed himself unworthy of the kindness
they had shewed him.]

The archbishop ordained two others at this assembly, viz., Roger the
king's chancellor to Salisbury, and Roger his larderer to Hereford ; but
he died at London presently after his consecration.

1. That bishops do not keep secular courts of pleas, that
they be appareled not as laymen but as becomes religious
persons, and have honest men to bear testimony to their
conversation.

2. That archdeaconries be not let to farm.

3. That archdeacons be deacons.

4. bThat no archdeacon, priest, deacon, or canon marry a

tiis, pro sua quisque causa, Richardus canons, Wilkins, quoting from Ead-

de Heli, et Robertus de Sancto Ed- mer, agrees with Spelman's second

mundo, et qui erat apud Micelenei. copy, of which Johnson's is a fair

II. Statutum quoque est, ne episcopi translation, except in the first canon

secularium placitoruin officiuin susci- relating to simony, which Johnson

piant;" &c. Wilkins, vol. i. p. 382. abridges and makes part of the pre-

In the first as well as the remaining face.]

26 ANSELM'S CANONS [A.D. 1102.

wife, or retain her if he be married. That every subdeacon
be under the same law though he be not a canon, cif he
hath married a wife after he had made profession of chas
tity.

b The reader by comparing this and the sixth and seventh canon with
the first of Lanfranc's, 1076, will see how the zeal of the prelates of this
age against the clergy's marriage was improved in less than thirty years'
time. They well knew that a married clergy could never turn slaves to
the pope against the civil power, which was the chief aim of Anselm and
his adherents.

c By this it appears that there were some subdeacons yet alive who had
taken that order, before men were obliged to profess chastity at the
receiving of it : and well might they content themselves with it, while this
order qualified them to hold a canonry. But this last clause is not
in the other copy.

5. That the priest who is lewd with a woman is not a
lawful priest * ; let him not celebrate mass or be heard by
others, if he do.

6. That none be ordained subdeacon, or to any degree
above that, without professing chastity.

7. That d sons of priests be not heirs to their fathers'
churches.

d Eadrner, the writer of Anselm's life, tells us that it was forbid by the
Church of Rome for the son of a clergyman to be admitted into ecclesias
tical offices, but that Pope Pascal dispensed with this in England by
a decretal sent to Anselm. I find nothing of this elsewhere, but the rea
son given by Eadmer for this dispensation is very observable, viz., that
" the greater and better part of the clergy iii England were the sons of
priests f."

8. That no clergymen be reeves or agents to secular
persons, nor judges in case of blood.

9. That priests go not to drinking bouts, nor drink to
pegs.

10. That priests' clothes be all of one colour, and their
shoes plain.

11. That monks or clergymen who have forsaken their
order do either return or be excommunicate.

12. That the e crown of clergymen be visible.

* [Ut presbyter quaindiu illicitam f [Eadmer, ad calc. Anselmi, Op.

conver^ationem mulieris habuerit, non (Par. 1721) p. 76.]
sit iegalis, S. W.]

A. D.I 102.] AT WESTMINSTER. 27

e That is, the tonsure or circle on the crown of the head, which was
always kept shaved.

13. That f tithes be not paid but to the Church only.

f This seems to intimate that the Norman lords had impropriated
some tithes, and that the synod intended to resume them.

14. That churches or prebends be not bought.

15. That new chapels be not made without consent of the
bishop.

16. That churches be riot consecrated till all necessaries
be provided for the priest and it.

17. That abbots do not make soldiers, and that they eat
and sleep in the same house with their monks, except in
case of necessity.

[By facere milites here we may understand "creating of knights." [Addenda.]
Great abbacies were now baronies, every baron was to maintain several
knights ; these abbots .were bound to do this, as well as other barons.
But they are here forbid to invest them in their knighthood, according to
the forms and ceremonies used by secular barons. This was thought in
consistent with their character, as they were ecclesiastics.]

18. That monks enjoin penance to none without their
abbot's consent, and that abbots give no licence to enjoin
it to any but such whose souls are intrusted to their care.

19. That monks be not godfathers, nor nuns godmothers.

20. That monks may not hire farms.

21. That monks do not accept [of the improp nations] of
churches without the bishop's consent, nor so rob those
which are given them of their revenues, that the priests who
serve them be in want of necessaries*.

22. That promises of marriage made between man and
woman without witness be null, if either party deny them.

23. That they who have hair be so clipped that part of
their ears be visible, and their eyes not covered.

24. That they who are g related within the seventh degree
be not coupled in marriage, nor cohabit if married ; and if
any that is conscious to this crime do not discover it, let him
acknowledge himself a complice in the incest.

s See Lanfranc's canon, 6. 1075.

• * [ut presbyteri ibi servientes, in his, quse sibi et ecclesiis necessaria sunt,
penuriam patiantur, S. W.]

28 ANSELM'S CANONS AT WESTMINSTER. [A.D. 1102.

25. hThat corpses be not carried out of their parishes
to be buried, so that the priest of their parish lose his
just dues.

h The canon law in this case obliged those who had buried the corpse in
their church or churchyard to take it up and resign it to the church to
which it belonged while alive. Decretal, lib. iii. tit. 28. c. 5, 6.

26. Let no one attribute reverence or sanctity to a dead
body or a * fountain, or other thing (as it sometimes is to our
knowledge) without the bishop's authority.

* This stupid superstition* continued down to the fourteenth century.
It is complained of and forbid in a diocesan synod at Winchester, A. D.
1308, Sir H. Spelman, vol. ii. p. 456, and is still continued with the
approbation of the ruling part of the Church of Rome.

27. That none exercise that wicked trade which has
hitherto been practised in England, of selling men like
beasts.

28. In the same synod, profligate, obstinate sodomites,
were struck with anathema, till by confession and penance
they deserve absolution1" : and it was ordained that if any
ecclesiastical person were guilty of this crime, he be never
admitted to any higher order, and that lie be degraded from
that in which he is : if any layman, that he be deprived of
all lawful dignity in the whole realm, and that no one but
the bishop presume to absolve him, except he be a * vowed
regular.

k This is left out in the first copy of Sir H. Spelman, and the reason is
plain, viz., that this filthy vice was then so rife that Anselm was forced
to forbear the publication of it every Lord's day, according to the decree
of council : and indeed it is particularly observed, that all these canons
were soon brought into contempt, insomuch that the clergy of York pro
vince absolutely refused to profess chastity upon their ordinations, and to
submit to the other regulations here enjoined : even the most beastly sin
here mentioned found its patrons ; insomuch that Anselm himself was
awed into a connivance at it, till this king about the tenth year of his
reign was pleased to countenance the execution of these canons.

1 Vowed regulars were to be absolved by their abbots, or other supe
riors.

29. That the aforesaid excommunication be published in
all churches throughout England, every Lord's day.

* [" Vid. Edgar's Canons, A.D. 960. 16." MS. note Wrangham.]

A.D. MCVII.

PREFACE. COMPROMISE OF INVESTITURES.

AFTER a long dispute between King Henry I. and Arch
bishop Anselm upon the point of investitures, the king find
ing that the pope was against him, and that though Girard,
archbishop of York, was willing to consecrate such as received
investiture from the king, yet William GifFard, bishop elect
of Winchester, refused to be consecrated by him ; and Rei-
nelm, bishop of Hereford, resigned his bishopric upon a scruple
of conscience, because he believed himself guilty of a great
offence in having received investiture from the king ; there
fore this wise prince, being not willing to push matters too
far, though he had banished William Giffard for his contempt
of the archbishop of York's consecration, recalls him, and
assembles all his bishops, abbots, and great men at London,
where the dispute concerning investitures was compromised
by the two following articles.

A.D. MCVII.

COMPROMISE OF INVESTITURES.

LATIN. 1. THAT for the future none be invested by the king, or

Speiman, any lay hand, in any bishopric or abbey, by delivering of a

vol. ii. pastoral staff or a ring.

Wilkins, 2. By the concession of Anselm, none elected to any pre-

volooV. -i lacy shall be denied consecration upon account of the horn-

p. oo7 .1 *

age which he does to the king.

The king is also said at the same time to have promised
that he would forthwith deliver vacant bishoprics and abbeys,
to the successors ; and the dispute which had lately been re
vived between the two archbishops concerning the primacy
was at the last determined as formerly ; and Girard of York,
laying his hand on Anselm' s of Canterbury, swore the same
subjection to him that he had formerly done, when he was
consecrated to the bishopric of Hereford ; yet this controversy
was renewed upon the death of Girard ; for Thomas elect of
York refused to swear obedience to Anselm ; and thereupon
Anselm pronounces anathema against any that should con
secrate him till he complied. It seems probable that he
cursed too all that should abet Thomas in refusing obedience
to the see of Canterbury ; at least King Henry so understood
it ; for upon Anselm' s death he called a council, and declared
he would not continue one hour under Anselm' s curse ; and
therefore with consent of all the bishops and great men,
Thomas was obliged to profess obedience in the usual form,
to Ralph, Anselm's successor. And, says Hoveden, Anselm
consecrated five bishops in one day at Canterbury, (others

* ["Ex Eadmer. Hist. Nov., lib. iv. p. 91. Cf. R. Hoveden, A.D. 1108,
p. 471. ed. Savile."]

A. D. 1107.] COMPROMISE OF INVESTITURES. 31

say six,) the suffragans of that see assisting him in that of
fice ; that is, as he adds, Girard archbishop of York, Robert
of Lincoln, John of Bath, Herbert of Norwich, Robert of
Chester, Ralph of Chichester, Ranulph of Durham. No
body, as the historian adds, remembered so many bishops
elected and consecrated at once, since the time of Plegmund
in the reign of Edward the Elder, who consecrated seven
bishops to seven churches in the same day*.

* [See in Johnson's first volume, A.D. 908.]

A.D. MCVIII.

ANSELM'S CANONS AT LONDON.

LATIN. ANSELM, archbishop of Canterbury, and Thomas elect of
sireiman York, and all the bishops of England, ordained these statutes
vol. ii. ' in the presence of King Henry the First, and with consent
[ Wiiiuns, of his barons,
voi.i. i. That priests, deacons, and subdeacons live chastely,

and keep no women in their houses, but such as are nearly

related, according to the council of Nice.

2. That such of them as have kept or taken women since
the prohibition at a London, and have celebrated mass, do so
wholly discard them, as not to be with or meet them in any
house knowingly ; and that the women may not live on any
ground that belongs to the Church.

a Viz., A.D. 1102.

3. If they have any honest occasion to speak with them,
let it be done without doors, before two lawful witnesses.

4. If any of them are accused by two or three lawful
witnesses, or by the public report of the parishioners, to have
transgressed this statute, let him, if a priest, make his pur
gation by six witnesses, if a deacon, by four, if a subdeacon
by two : and if he fail, let him be deemed a transgressor.

5. Let such priests as choose to live with women, in con
tempt of God's altar and their holy orders, be deprived of
their office and benefice, and put out of the choir, being first
pronounced infamous.

6. And if he celebrate mass, and do not leave his woman,
let him be excommunicate, unless he come to satisfaction
within eight days after summons.

7. Let archdeacons and canons be liable to the same
sentence, as to their leaving their women, and as to the
censure to be passed if they transgress.

* ["Ex Eadmer. Hist. Nov., lib. iv. p. 94; et Flor. Wigorn. et Hog. Hoveden."]

A. D. 1108.] ANSELM'S CANONS AT LONDON. 33

8. All archdeacons shall swear that they will not take
money to tolerate men in transgressing this statute ; nor for
tolerating priests whom they know to keep women, to cele
brate mass, or to have vicars. Deans shall do the same. He
that refuses shall forfeit his archdeaconry or deanery.

9. Priests who choose to leave their women, and to serve
God and His holy altars, shall have vicars to officiate for
them during the forty days in which they are to desist from
their office, and are to have penance enjoined them at the
bishop's discretion.

10. The bishops shall take away all the moveable goods of
such priests, deacons, subdeacons, and canons as shall offend
herein for the future ; and also their b adulterous concubines,
with their goods.

b I conceive the adulterous or lewd woman was still forfeited as a
slave to the bishop according to the old English laws.

JOHNSON.

A.D. MCXXVL

ARCHBISHOP CORBOYL'S CANONS AT LONDON.

A NATIONAL synod was called at London to be holden in
St. Peter's church, Westminster, by William Corboyl, arch
bishop of Canterbury; but aJohn de Cremona, Pope Hono-
rius the Second's legate, presided in it : Thurstan, archbishop
of York, was there present, with twenty bishops of divers
provinces, and about forty abbots, and an innumerable mul
titude of clergy and people.

" This legate lies under an imputation of being caught in bed with a
whore the night after he had passed these decrees, the thirteenth whereof
absolutely forbids clergymen the use of women.

[Addenda.] [The monk of Winchester speaks of this miscarriage of the legate as
what happened some time after at Durham, whither the legate went to
inflict censure on that monster of a bishop Ralf Passeflabere, who by his
artifice and lewdness led the legate into the snare. No wonder therefore
that these canons grew into contempt.]

It is observable that this W. Corboyl is said to have been the first who
ever was archbishop of Canterbury that had not been a monk, and of the
Benedictine order : but he had been a canon regular : yet he was much

[Addenda.] stomached by the monks. [Radul. de Diceto affirms that Stigand, Lan-
franc's immediate predecessor, went in the habit of a clerk while he was
archbishop, which seems to mean that he never had been monk *.] This
archbishop's letter to the bishop of Landaff for summoning Sim to this
legatine council is extant, Sir H. Spelman, vol. ii. p. 33 f. The archbishop
intimates that this council was to be held by the legate, but by the arch
bishop's allowance, nostra conniventia in the Latin. It is farther observ
able, that the right of electing the archbishop was not yet settled. The
monks of Canterbury proposed four to the king and council, desiring them
to choose one out of that number ; but the king referred it to the bishops,
though the lords favoured the monks. At last the bishop proposed four
to the monks ; they chose Corboyl, one of the four.

* [" Bp. Parker makes this William bishops without being monks. Vid.

a Benedictine monk, but is blamed for supr., Odo's canons in the last note,

it by Picardus in his notes on Guil. A.D. 943." MS. note, Wrangham.]
Neubrig., p. 607. However, it cannot f [Wilkins, vol. i. p. 408.]

be denied there were others made arch-

A. D. 1126.] CORBOYL'S CANONS AT LONDON. 35

In this council the following heads were published
and confirmed.

WE, following the ancient fathers, forbid by apostolical LATIN.
authority, any man to be ordained for money. Spelman,

2. We charge that no price be demanded for chrism, oil, vo]- "•
baptism, visiting or anointing the sick, for the communion of

the body of Christ, or for burial. J^,

3. That at the consecrating of bishops, blessing of abbots,
dedicating of churches, a cope, a bcarpet, a towel, a cbasin
be not demanded by force, nor taken unless freely offered.

b Lat. tapete. c Lat. baccinia.

4. That no monk or clergyman accept a church, tithe,
or any ecclesiastical benefice at the hand of a layman, with
out the bishop's consent : that every such donation be null,
and the offender liable to canonical punishment.

5. That no one challenge a church or prebend by inherit
ance from his father, or appoint his own successor to an
ecclesiastical benefice : if it be done, we declare it of no
force, saying with the Psalmist, " My God, make them as a
wheel who have said, Let us dpossess the sanctuary of God
as an inheritance."

d This is according to the LXX and vulgar Latin Bible, and the Hebrew
will very well admit of this translation.

6. That clergymen who have churches or benefices be
deprived of them if they refuse to be e ordained (though
their bishops invite them to it) that they may live more
at liberty.

e That is, to be made deacons or priests. By this it is clear that those
in the inferior orders were in this age capable of benefices. See Corb.
1127, 4.

7. That none be promoted to a deanery or priory but
a priest; none to an archdeaconry but a deacon.

8. Let none be ordained priest or deacon but to some

* ["Ex Sim. Dunelm. in hoc anno. ecclesise collat. cum MS. colleg. S. Joh.
Necnon cod. MS. conciliorum Wigorn. Bapt. Oxon. n. H. 56."]

D 2

[A.D. 1126.

certain title ; if he be, let him not enjoy the honour of his
order.

9. Let no abbot, clergyman, or layman eject any one
from a church to which he was fordained by the bishop,
without the bishop's sentence, under pain of excommu
nication.

* To ordain, sometimes signifies to institute.

10. Let no bishop ordain or pass sentence on the gpa-
rishioner of another : for no man is bound by a sentence
passed by an improper judge.

8 Lat. parochianum, therefore the whole diocese, as we now call it, was
the bishop's parish, and all the people his parishioners.

11. Let no one receive to communion him that is excom
municate by another ; if any one do*, let him be deprived
of Christian communion.

12. That no one person have two h honours in the Church f-

h That is, I suppose, two dignities, or benefices. See Corb. 1127, 8.

13. By apostolical authority we forbid priests, deacons,
subdeacons, and canons to dwell in the house with any
woman J, excepting a mother, sister, or aunt, or such women
as are wholly unsuspected. Let the offender on confession
or conviction suffer the loss of his order.

14. We forbid all usury and filthy lucre to all clergymen :
let the offender upon confession or conviction be degraded.

15. We doom them to excommunication and perpetual
infamy who practise sorcery, sooth-sayings, or auguries, or
that approve of them.

16. We forbid them that are related within the seventh
degree to be married ; if any such are married, let them be
separated.

17. That no regard be had to husbands, or the witnesses
they produce, when they implead their wives as too near akin
to them§.

* [quod si scienter fecerit, S. W.] binarum, et omnium omnino fosmina-
f [12. Praecipimus etiam ne uni rum contubernia auctoritate apostolica

personae in Ecclesia diversi tribuantur inhibemus. S. W.]
honores. S. W.] § [Johnson omits sed prisca patrum

J [13. Presbyteris, diaconibus, sub- in omnibus servetur auctoritas, S. W.]
diaconibus canonicis, uxorum, concu-

A. D. 1127.] AT WESTMINSTER. 37

As soon as these canons or decrees were made, the legate
made haste toward Rome, and took along with him the two
English archbishops, William and Thomas, that their dis
pute concerning the primacy might be ended in the pope's
court of audience*.

A.D. MCXXVII.

CORBOYL'S CANONS AT WESTMINSTER.

WILLIAM (Corboyl) archbishop of Canterbury, and alegate Sir H.
of the pope, called a synod at Westminster [and] ten English *$™n'
bishops were there. Thurstan, archbishop of York, sent his P- 35.
excuse, Randulph of Durham was taken sick on the road, wiikins,
Simon of Worcester was beyond sea visiting his relations. vol;i-
Three of the Welsh bishops were there. Of the bishop of
St. Asaph there is no mention : the sees of London and
Coventry were vacant. No notice is taken of any abbots in
this assembly; vast multitudes of the clergy, and laity of
all ranks flocked to the council ; some secular matters were
here decided, some others were delayed, others could not be
heard through the tumultuousness of the rabble. The synod
sate three several days.

a This was the first archbishop who had the title of legate of the see
apostolical. It is evident that his predecessors exercised all the autho
rity that he did ; they particularly called synods of the two provinces ;
but that this authority might seem to be derived from the see of Rome,
the pope confers the empty character of legate on the archbishop, and he
was legate both of England, and Scotland : for the archbishop of York
(whose province included Scotland) was subject to him.

The decrees made by the general consent of the bishops
here follow.

1. BY the authority of Peter, the prince of the Apostles,
and our own, we forbid churches, benefices, and dignities to

* [His taliter synodal! decreto con- audientia acturi. S. W.]
firmatis, Johannera Romam reverten- f ["Ex continuatore Flor. Wigorn.

tern comitantur ab ipso evocati Thurs- collat. cum MSS. Regio 10. A. viii. et

tanus Eboracensis et Willielmus Can- Spelm."]
tuariensis, de suis causis in apostolica

38 CORBOYL'S CANONS [A. D. 1127.

be in any wise sold or bought. If the offender be a clergy
man (though a regular canon or monk) let him be degraded ;
if a layman, let him be b outlawed and excommunicated*.

b Here the bishops assume to themselves a civil power, contrary to right
and good sense.

2. By authority of the apostolical see we wholly for
bid any man to be ordained or preferred by means of
money.

3. We condemn all demands of money for admitting of
monks, canons, or nuns.

4. Let none that is not priest be made a deanc, none arch
deacon that is not a deacon : if any in the inferior orders
refuse at the bishop's admonition to be ordained [priest or
deacon,] let him be deprived of the dignity assigned himf.

c See Corb. can. 7, 1 1 26, and observe that heads of monasteries were
often called deans in this age.

5. We forbid priests, deacons, subdeacons, and canons to
live with women not allowed by law. But if they adhere to
their concubines or wives, let them be deprived of their
ecclesiastical order, dignity and benefice. If any such are
dparish priests, we cast them out of the choir, and decree
them to be infamous.

d Here is the first mention of a parish priest. And I have scarce
found any thing more puzzling than to get an exact notion of his office,
for he was not either rector, vicar, proper curate, or assisting priest. 1.
In this canon he is distinguished from the beneficed priest ; for the concu-
binary beneficed priest was deprived, but the parish priest is for the same
crime cast out of the choir only, that is, he was to cease from saying
mass and the hours with the rest of the clergy, Avhich was therefore
his principal privilege : and in most places where this name occurs he
is clearly enough distinguished from the incumbent, except perhaps in
the third Const, of Otto and first of Othob., which in this respect are
but as one. 2. He was no proper curate. Archbishop Arundel in his
first Const. J and Islip in his first Const. § expressly distinguish between
parish priests and them who attend the cure of souls. Peter Quevil,
bishop of Excester, 1287, assigns to the curate, whom he and many others

* [Johnson omits et ejusdem eccle- nes accedere : quod si juxta monitio-

siae vel beneficii potestate privetur. nem episcopi ordinari refugerit, eadem

S. W.] ad quam designatus fuerat careat dig-

t [Quod si quis ad hos honores, nitate. S. W.]

infra praedictos ordines, jam designa- J [A.D. 1408.]

tus est, moneatur ab episcopo ad ordi- § [A.D. 1362.]

A. D. 1127.]

AT WESTMINSTER, 39

call the chaplain, the same salary that was then allowed to vicars, viz.,
five marks per annum, but the parish priest is allowed but forty shillings.
3. He was none- of those called assisting, auxiliary, or soul mass-priests.
For these last have by the same Const, of Peter Quevil an annual salary
of fifty shillings assigned to them, and are there mentioned as distinct in
office from them. (See Sir H. Spelman, vol. ii. p. 374*.) Yet, says John
Athene, the parish priest, according to the common language of this king
dom, ministers f instead of the rector, (in his gloss on the third Const,
of Otto, p. 1 1.) He was a temporary vicar, says Lyndwoodj on the eighth
Const, of Peckham, 1281, p. 341. Since therefore they served for others,
and yet were not proper curates, nor assisting mass-priests, they must, I
conceive, have been such priests as officiated under resident incumbents,
who were not either able or willing to officiate themselves : they had not
the cure of souls ; for that was in the incumbent entirely, while he resided ;
and he performed no religious office but what the incumbent was to have
personally done, if he could or would, and therefore was not an assisting
mass-priest, whose proper business it was to say masses for souls. He who
is now called a reader in our great parish churches doth most resemble
the old parish priest : for he acted entirely under the direction of the
incumbent, and performed only so much of the service as he could not,
or was not disposed to perform himself. When the incumbent was a
priest not perfectly disabled with age, or overcome by an unactive
humour, his business could not be great, and therefore Peter Quevil
assigns him but three marks, or forty shillings, for his salary, and he
supposes the incumbents would think this too much, and therefore he
bids them ease themselves, and serve the cure in person. When the
incumbent was only in the inferior orders, a greater burden must He on
the parish priest (and this was very often the case), and then it was
necessary that the incumbent should have his parish priest at hand to do
such offices as he himself could not ; therefore it is very probable, that
he had his diet and lodging with the incumbent, and for this reason
his salary might be less than that of an assisting priest. And it is observ
able that the reason given by Peter Quevil for allowing him forty
shillings per annum, is, lest he should beg, or do worse, or go in scanda
lous apparel. Forty shillings was a good allowance for clothes, when ser
jeants-at-law and the attorney-general had but two marks per annum
each for their robes. There are some memorials in Bishop Kennet's Par.
Antiq., p. 430, 431, which illustrate this. John de Capella was about

* [Wilkins, vol. ii. p. 147.] gas de parochialibus sacerdotibus, qui

f [Parochialet presbyteri. Prope stat sunt vicarii temporales, idem die quod

litera juxta usum Regni pro his qui dixi in glo. prsecedenti, quod sc. m

vice et loco Rectorum hujusmodi Bap- foro conscientioe subesse debent prm-

tismi ministerium exercent. Vel po- cipali curato illius ecclesiae, siye sit

test intellig-i secundum jura de ipso rector sive vicarius. Alioqum si rec-

Rectore vel Vicario perpetuo, qui pro- tor sit longo tempore abfuturus, tales

prio jure a tempore iustitutionis cu- habebunt recursum ad episcopum, vel

ram parochise gerit. John de Athon in ipsius deputatum ut hie. Provinciale,

Const. Othonis 3. p. 11.] lib. v. tit. 16. p. 341.]
J [sllionuii saccrdotum. Si intelli-

40 CORBOYI/S CANONS [A. D. 1127.

thirty-three years incumbent in the rectory of Ambrosden, and yet but
only an acolyth, he died 1336 : upon his death the rectory, as was before
provided by the pope's bull, was actually appropriated to a religious
house, and a perpetual vicar instituted and endowed. The mansion
assigned to the vicar was that house, in which the parish priest of that
church used to dwell, as the words of the endowment are. John de
Capella being but acolyth was obliged to have a parish priest to officiate
for him. John was probably a married clerk, for this was the most pre
vailing reason against taking superior orders, that they must thereupon
dismiss their wives. But on this consideration it was not so proper that
the parish priest should dwell under the same roof with him ; therefore
he accommodated him with another house, which was an appurtenance of
the parsonage, and which was afterwards made the vicar's mansion.

I know but one objection to this, viz., that Arundel seems to distinguish
between parish priests and temporary vicars in his first Const., but there
the latter title may be exegetical of the former. See the Const, itself.
And temporary vicar sometimes denotes a proper curate : and it is evident
that none were esteemed proper curates, but where the incumbent was for
the most part absent or lunatic ; and in this last case, though the bishop
is to assign the curate, and the coadjutor to manage and dispose of his
ecclesiastical revenue ; yet the coadjutorship and the curacy are two dis
tinct offices.

J. Athone in the place before cited does suppose that the word parish-
priest may be extended to the rector or vicar by the canonists ; and if it
be allowed that Otto so meant it, yet it must be imputed to him as an
Italicism. The English writers of those ages did not so speak. The
articles of enquiry for the dioceses of Lincoln, 1230, (Sir H. Spelman,
vol. ii. p. 192 *,) agree with this account. Art. 1. Are any rectors, vicars, or
parish priests enormously illiterate ] Art. 13. Is there any parish priest
who hath not sufficient maintenance from his rector.

6. We require archdeacons and other e ministers whom it
concerns to use their utmost diligence for the rooting out
this plague from the Church of God. If any neglect or con
nive at it, let them be once and twice corrected by the
bishop, and the third time more severely treated according
to canon.

6 By ministers of the church we may understand the reeves of the
church, such laymen as by the bishop's appointment took care of the
secular affairs of the diocese.

7. That the concubines of priests and canons be expelled
out of the fparish; unless they are lawfully married there.
If they are hereafter found faulty, let them be seized by the
[vide suprae~\ ministers of the church ; and we charge that

* [Wilkins, vol. i. pp. 627-8.]

A. D. 1127.] AT WESTMINSTER. 41

they be not detained by any power, great or [vide supra*~]
little, under pain of excommunication, but that they be
freely delivered to the ministers of the church and brought
under ecclesiastical discipline, or [vide supra10'] servitude at
the discretion of the bishop.

f It is not certain whether this word be here meant in the modern
sense.

8. We forbid any man to hold several archdeaconries in
several bishoprics under pain of anathema. Bat let him
stick to that he first took. Let bishops forbid the priests,
abbots, monks, and priors that are subject to them to take
any thing to farm.

9. We charge tithes as the portion of God to be paid in
full*, and forbid churches or s tithes or ecclesiastical bene
fices to be given or taken by any person without the con
sent of the bishop.

8 Here the reader will observe that tithes were sometimes given with
out the churches to which they belonged, that is, certain parcels or por
tions of tithes were given off from the church to whom they had of
custom been paid by the prevailing power of some great man that was
patron of the church ; and these portions of tithes were for the most part
given to monasteries, or such like religious bodies : this gives an account
of those ancient deeds, whereby the tithes of certain vills or farms were
granted to some ecclesiastical bodies long after all the nation was brought
under a civil obligation of paying tithes of all products of the earth ;
many things prohibited by canon were still practised ; you have the like
prohibition, Corb. 4, 1126.

10. That no abbess or nun use more costly apparel than
such as is made of lambs' or cats' skins.

King Henry the First is said to have approved and con
sented to these decrees, and yet he certainly protected the
concubinary and married priests from the fury of the pre
lates. Matthew Paris says, the king eluded all these provi
sions by the simplicity of the archbishop, for the king drew
a promise from the archbishop that his majesty should be
intrusted with the execution of these decrees, and he executed
them only by taking money of the priests as a ransom for
their concubines f.

* [9. Decimas sicut Dei summi do- f [Matth. Paris, Hist. Angl. A.D.

minicas ex iutegro reddi prsecipimus. 1129.]
S.W.]

A.D. MCXXXVIII.

LEGATINE CANONS AT WESTMINSTER.

LATIN.
Sir H.

Spelman,
vol. ii.
p. 41.
[Wilkins,
vol. i.
p. 415*.]

ALBERIC, bishop of Ostia, legate from Pope Innocent the
Second, held a national council at Westminster in the
vacancy of the see of Canterbury, at which were present
eighteen bishops of diverse provinces, and about thirty
abbots, who all consented to the following canons.

1. Following the canonical institutes of the fathers, we
forbid by apostolical authority any price to be demanded for
chrism, oil, baptism, penance, visitation of the sick, espousals
of women, unction, communion of the body of Christ, or
burial, under pain of excommunication.

[Addenda.] [Notwithstanding this and many other prohibitions yet it is clear
in fact that some yearly payment was made by the priest when he
received the chrism. Ernulf, bishop of Rochester, hath inserted into the
Textus Roffensus his own grant of the pence paid on this occcasion, as
likewise of the pence paid by every priest when he came to synod, for
maintaining the buildings of the monastery. Pope Eugenius by his bull
confirms the bishop's grant : he expressly mentions the synodal pence,
though he could not for shame mention the pence for chrism ; and the
prior and monks for several ages after received them. There is in the
same Textus an account of these pence, by which it appears that every
church (peculiars as well as not peculiars) paid nine- pence on this account
and every chapel six-pence. And it ought not to be omitted, that in the
former part of this bull the pope confirms to the prior and monks their
estate, as distinct and separate from that of the bishop, or rather, he
ratifies Archbishop Theobald's confirmation of it, which is there also
inserted.

* [" Ex Rich. Hagustaldensi de
gcstis R. Stephani, apud X. Script.,
p. 324. seq." Wilkins gives a long
extract from Richard of Hexham be
fore the canons, and another after
them ; the following paragraph imme
diately precedes the canons:

Prfefuit autein illi Synodo Alhericns,
Hostiensis episcopus, et praedieti do-
mini papa? Innocentii in Angliam et

Scotiam legatus, cum episcopi diver-
sarum provinciarum xviii., et abhatibus
circiter xxx. et cum innumera cleri et
populi multitudine. Vacabat autem
tune temporis Cantuariensis ecclesia,
et infirmabatur Thurstanus, Eboracen-
sis archiepiscopus ; Willielmum ta-
men, eccleshe S. Petri Eboracensis
decanum, cum quibusdani clericis suis
illuc direxit.]

A. D. 1138.] LEGATINE CANONS AT WESTMINSTER. 43

2. That the body of Christ be not reserved above eight
days, and that it be not carried to the sick but by a priest
or deacon ; in case of necessity by any one, but with the
greatest reverence.

3. That upon the consecrations of bishops and benedic
tions of abbots, neither a cope nor other ecclesiastical vest
ment be demanded, nor any thing else, either by the bishop
or his ministers : and that upon the dedications of churches,
no carpet, towel, basin, or any thing but canonical procura-
ration, be required.

4. If a bishop consecrate a church in his own adiocese by
the hand of another, let nothing extraordinary be demanded
on that account.

a Here the word diocese is used for the bishop's district. Alberic
brought it with him from Italy.

5. Let no one accept a church or benefice from the hand
of a layman. When any man takes investiture from the
bishop let him swear on the gospel that he has neither
given nor promised any thing for it by himself or by any
other person ; else the donation shall be null, and both the
giver and receiver liable to canonical punishment.

6. The same with Corb. 1126, can. 5.

7. We inhibit clergymen that without letters from their
proper bishop have been ordained by one that was not their
bishop, from exercise of their office : and let the full restitu
tion of them to their order be reserved to the pope, unless
they will Hake a religious habit.

b That is, become monks : for this was esteemed a life of penance.

8. Following the holy fathers, we deprive priests, deacons,
and subdeacons, both of their office and benefice, if they arc
guilty of marriage or concubinary, and forbid any to hear
their mass.

9. We lay under the same sentence those clergymen who
are usurers, follow filthy lucre, or do public business for
secular men.

10. Let him be struck with anathema* that kills a clerk,
monk, nun, or any ecclesiastical person, or that imprisons or

* [Johnson omits nisi terlio submonitus satisfecerit. S. \V.]

44 LEGATINE CANONS [A. D. 1138.

lays wicked hands on such. Let none but the pope* give
him penance at the last, unless in extreme danger of death.
If he die impenitent let his body remain unburied.

11. We charge, that if any man c violently take away the
moveable or immoveable goods of the church, he be excom
municate, unless he repent upon canonical warning.

c King Stephen, who now reigned, had upon his advancement to
the throne by a charter which you may see in Sir H. Spelman, vol. ii. p.
38 f, made very fair promises to the Church, especially as to their estates,
that prelates and others in holy orders should quietly enjoy what the Con
queror left them, and what they had acquired since ; that they might dis
pose of their goods by testament, and that vacant sees should be under the
guardianship of the clergy of that church to which the deceased bishop
belonged as to temporal matters as well as spiritual. But the king soon
forgot his promise, which greatly provoked the Churchmen against him ;
and it is probable that this canon was directed against the evil instru
ments who then committed great ravage on the Church. William Mar-
tell, (in France,) a notable courtier, was the next year by name excom
municated in a synod on this account.

12. We by apostolical authority forbid any man to build a
church or oratory upon his own estate without his bishop's
licence.

13. Here we allege the authority of d Pope Nicholas,
who says, " Since the soldier of Christ and the secular soldier
differ from each other, it becomes not a soldier of the Church
to bear secular arms ;" for effusion of blood can scarce be
avoided in this case : farther, as it is abominable for laymen
to say mass, and consecrate the sacrament ; so it is ridiculous
for a clergyman to carry arms, and fight in wars, for St.
Paul says, " No one that is a soldier to God entangles him
self with the affairs of this life."

d See Corp. Jur. Canon. Distinct. 50. c. 5.

14. We add the decree of Pope elnnocent J, that "monks
who have been long in a monastery ought not to recede
from their former way of living when they become clergy
men :" they must continue now they are clerks what they
were before, and not lose what they had before their ad
vancement.

* [See Johnson's first volume, A. D. Rothomagensi archiepiscopo, W. Cf.

9(>3. 38. p. 436. §.] Epist. Innocent. P. I. (A.D. 404.) ad

•f- [Wilkins, vol. i. p. 412.] Victricium Episcopum Rothomagen-

l [The Latin has dicentis Victrico sem, Concil., torn. iii. p. 1035. C.]

A. D. 1138.] AT WESTMINSTER,. 45

e See ibid., causa 16, qusest. i. c. 3.

15. We forbid nuns, under pain of anathema, to use parti
coloured f Grisian sable, marten, ermine, beaver-skins, or
golden rings, or to wreath or curiously set their hair.

f Lat. Grisiis, furs of the Gris petit, a small French animal so called,
which some say is grey, others that it is spotted.

16. We charge all to pay the tithe of all their fruit*,
under pain of anathema.

17. We ordain, that if schoolmasters hire out their schools
to be g governed by others f, they be liable to ecclesiastical
punishment.

B I read regenda, not legenda.

In this council the election of an archbishop to the see [Post-
of Canterbury was agitated, and within a few weeks after scnpt>
Theobald was consecrated : some do expressly say that he
was elected by the bishops in this council, at the instigation
of the king : yet Henry, bishop of Winchester, brother to
King Stephen, being legate a latere from the pope, held
several national councils under that character. In one of
these the archdeacons are said to have been present, A.D.
1142, and particularly that the legate had private conference
first with the bishops, then with the abbots, lastly with
the archdeacons. And the legate in a speech made in this
council affirmed that the choosing and ordaining of a king
did of right belong principally to the clergy; Sir H. Spelman,
vol. ii. p. 45 J. The chief occasion of these synods was the
unsettled state of the nation by reason of wars between
Maud the empress and Stephen, who had the right of pos
session. No canons or constitutions were made in any of
these synods called by Henry of Winchester, excepting in
the last, which here follow.

* [XVI. De omnibus primitiis rec- pro pretio regendas locaverint, W.]
tas decimas dare, apostolica auctoritate J [Wilkins, vol. i. p. 420 : " ex W.

praecipimus, S. W.] Malm. Hist. Novel., lib. ii. p. 188.

f [XVII. Sancimus praeterea, ut si seq."]
magistri scholarum aliis scholas suas

A.D. MCXLIIL

LEGATINE CANONS AT WINCHESTER.

LATIN.
Sir H.

Spelman,
vol. ii.
p. 47.
[Wilkins,
vol. i.
p. 421*.]

HENRY, bishop of Winchester, the pope's legate a latere,
held a council in presence of King Stephen at London, in
which it was with general consent ordained,

1. That none who aviolated a church or churchyard, or
laid violent hands on a clerk or religious person, should be
absolved by any except the pope.

a The church or churchyard were violated by fighting or shedding
blood there, or by seizing any goods or person within the precincts of
holy ground. The present wars occasioned much profanation (if I may so
say) of this sort ; but it is probable that the legate and prelates had a
particular eye to Aubry de Vere, who was charged three or four years
before this with an intention to seize this legate, and all the bishops then
met in council in the church at Westminster ; and Aubry did not deny,
but publicly in their presence justified his doing of it, at the command
of his master King Stephen, though he was disappointed in his design.

2. That the plough and husbandman in the fields, should
enjoy the same peace as if they were in the churchyard.

They excommunicated all that opposed these decrees, with
candles lighted : and thus, says Hoveden, the rapacity of the
kites was restrained.

This Henry of Winchester is said first to have introduced
the practice of appealing to Rome ; and on this account
as well as others, deserved very ill of this Church and
nation.

[Addenda.] [The craft of popes, and the supineness of the English prelates, was
never more visible than in point of the legatine power. W. Corboyl, or
de Turbine, was the first English bishop that had this feather put into
his cap by the pope, (as his predecessor Ralph seems to have been the
first that took the wicked oath of obedience to the pope,) but it was soon
plucked out again. For within a few months his legateship was forced to

* ["Ex R. Hoveden, p. 488, et Matt. Paris, A.D. 1142."]

A. D. 1143.] LEGATINE CANONS AT WINCHESTER. 47

submit to John dc Crema*, who came here as legate a latere, and within
a while was wholly divested of it, and it was conferred on Henry, bishop
of Winchester. And who could object to such an honour done to the
king's brother ? It was very agreeable to Henry's inclinations. For he
had requested the pope to erect his see into an archbishopric ; and the
monks of Winchester thought their bishop had a right to primacy, be
cause Birinus their first bishop came as a missionary immediately from
Rome, as Augustine did to Canterbury. But the pope, though he would
not consent to make Henry a primate, yet he did that which made him
more than a primate : for by giving him the legateship, he for the present
set him above Canterbury, and made all the bishops in England subject
to him. But he soon eclipsed him, by sending Alberic to act as legate
a latere, and Henry's legateship expired this very year, 1143, together
with Pope Innocent II. from whom he had received it. For Archbishop
Theobald prevailed with Pope Lucius f, successor to Innocent, not to renew
the legatine commission to Henry. And some time after he who had in
troduced the practice of appeals to Rome, was forced to go thither to an
swer an appeal made against him by his own monks, for purloining their
treasury, and diminishing their great cross, which had weighed five
hundred marks of silver and thirty of gold. Thus popes, under pretence
of doing honour to English bishops, did really humble and mortify them.
And the bishops, by accepting of his insidious honours, did in truth expose
themselves and enslave the Church. Theobald was also the pope's legate,
but he lived to see his primacy greatly diminished : for the Church of
Ireland, which had acknowledged him and his predecessors as their me
tropolitan, had four primates created in the year 1152 or 3, by Pope
Eugenius III.

* ["Qy. John de Cremona was sent council here 1138. The fourth legate

legate from the pope A.D. 1125 (or was Henry, bishop of Winchester, whose

112G according to this A.) This is the commission was given him by Inno-

first time that character was ever re- cent II., 1139. Mr. Johnson, therefore,

ceived in England. After the breaking seems to be mistaken in making John

up of the council which this legate then de Crema legate here after Abp. Cor-

held at Westminster, W. Corboyl went boyl, and Alberic after Henry, bishop

to Home to remonstrate against putting of Winchester." MS. note, Wrangham.

a foreign legate on the English. The Mr. Johnson's statement must also be

pope conferred upon him the same referred to England after the Conquest;

title, and A.D. 1127 he held a council as legates and legatine canons were re-

at Westminster both as legate and ceived at Cealchythe A D. 785. See

archbishop. The third legate and the vol. i. of this work, pp. 264, sqq.]
second foreigner received as such was f [MS. note, Wrangham substitutes

Alberic, bishop of Ostia, who held a Celestine II. for Lucius.]

A.D. MCLXIV.

PREFACE. ARTICLES OF CLARENDON.

AFTER Theobald had sat twenty-two years, Thomas Becket,
King Henry the Second's chancellor, was elected by the
monks of Christ Church, and accepted, and declared by the
bishops of the province. This was done in a kind of parlia
mentary assembly, 1161. In the year 1163 he and four of
his suffragans, with four abbots, by the king's leave went to
the synod of Tours, (to which also Thurstan of York sent his
abbot of Fountain,) where Pope Alexander the Third, and
seventeen of his cardinals were personally present : the arch
bishop came home soothed with the favours of the pope (who
gave him a chair at his own right hand) and warmed with a
speech made by Arnulph, bishop of Lysieux, in behalf of the
liberties of the Church ; from this time forward would not
pay that submission to the civil courts which he had done
before. Hereupon the king calls all the archbishops and
bishops to Westminster, and the main point proposed to
them was, whether they would observe the ancient customs
of the kingdom, or rather the customs used in the time of
the king's grandfather, King Henry the First, (for they were
called avitffi consuetudines,) [and] they promised to do it^
saving their order. This did not satisfy the king, whose in
dignation they feared; therefore Becket goes to him at
Woodstock, and promised he would comply without adding
any such salvo : the king required that this promise should
solemnly be made before all the great men of the kingdom,
and therefore called an assembly of them to Clarendon :
there the archbishops and bishops did accordingly swear to
observe these customs. But when afterwards these cus
toms were drawn in the following form, and they were re
quired to set their seals to them, the archbishop absolutely

PREFACE. ARTICLES OF CLARENDON. 49

and finally refused it, and retired beyond sea, and found pro
tection in France and Italy, and from thence fulminated his
anathemas against the king and his adherents, and raised a
violent storm in the English Church ; for which his monks of
Canterbury and all his kindred were most cruelly treated,
and he himself, soon after that was over, perished in the
calm. The principal cause of all these commotions, were
the three books of decrees which Gratian was compiling
under the direction of Pope Eugenius the Third, who made
Henry of Winchester his legate here, and excommunicated
King Stephen for his harsh treatment of Archbishop Theo
bald. These decrees were afterwards published by that pope,
and publicly read in the universities. Theobald sent Thomas
Becket, while he was his chaplain, to Bononia, on purpose to
be well instructed in this new learning.

JOHNSON.

A.D. MCLXIV.

ARTICLES OF CLARENDON.

LATIN.
Sir H.

Spelman,
vol. ii.
p. 63.
[Wilkins,
vol. i.
p. 435*.]

This was clearly a Parliamentary Assembly.

AT a council holden at Clarendon in the presence of
King Henry the Second, in which John of Oxford, the king's
chaplain, presided by order of the king, a recognition was
made of the customs and liberties of the king's ancestors
(particularly of his grandfather Henry the First) by the arch
bishops, bishops, abbots, earls, barons, and great men of the
kingdom, and which ought to be observed by reason of the
disputes which often happen between the clergy and the
justices of the king and of the great men. The aarticles
here follow.

a It may not be improper to observe, that one half of the inconveni-
encies which these articles were intended to cure, and of the disputes
which now grew between the ecclesiastical and secular powers, took their
rise from the separation made by William the Conqueror between the two
jurisdictions.

1, 15. For there could be no just objection either from the clergy
or laity against trying causes of the right of patronage or of debt injj a
court where both the bishop and the king's chief officer in the law sat
as judges.

3, 9. Clergymen had no reason to decline the temporal court while
their ordinary sat there together with the civil judge; nor was there
occasion for them to appear in two several courts to answer for the same
fact.

5, 6, 10, 13. Ordinaries could have no pretence for accusing men upon
hearsay, or for taking security of excommunicates for their future good
behaviour, nor want means to bring witnesses to testify against great
offenders, or to have any delinquent made to appear before them, while
they had the countenance and assistance of the chief civil magistrate
under the king to draw all offenders to justice that could be found, and
all that could be thought conscious to testify against them.

The second complaint took its rise from the new Norman practice of
impropriating benefices. By their new tenure, prelates were made liable
* ["Ex Mat. Paris in ann."]

A. D. 1164.] ARTICLES OF CLARENDON. 51

to new secular services unknown to their predecessors, which occasioned
the eleventh article. This gave the king a handle rigidly to insist on the
homage to be done to him for their temporalties, and to the guardianship
of the said temporalties in a vacancy, which caused great mischief to
their lands and tenants ; and to his overruling the elections, all which are
touched in the twelfth article.

Other inconveniencies, against which the king endeavoured to guard
himself, were appeals to Rome, introduced in the last reign by Henry of
Winchester. This he designed to prevent by article the fourth and
eighth : and in the next place as to ordaining slaves without consent of
their lords, this was a corruption of the Norman bishops condemned in all
ages of the Church. But as to this point it is but just hinted in the six
teenth article. The protecting the goods of felons and the persons of
felonious clergymen (against the first whereof the king declares in the
fourteenth article ; against the latter he would have made a seventeenth
article, if he could have got Becket's consent) were certainly proofs that
the bishops were now earnestly contending to make God's house a den of
thieves. The seventh article, which exempts courtiers from being excom
municate without the king's consent, shews that this wise prince did not
think such bishops as these fit to reform his peers and family. He would
never else have protected his servants against the wholesome discipline of
primitive pastors.

1. If controversy arise concerning the patronage of churches,
either between laymen, or between laymen and clergymen,
or between clergymen, let it be tried and determined in the
king's court.

2. Churches belonging to the fee of our lord the king can
not be impropriated without his grant.

3. Clergymen being accused of any matter, upon summons
from the king's judge, are to come to make answer there to
whatever the king's court shall think fit ; and likewise to the
ecclesiastical, to make answer to whatever shall be there
thought fit ; but so, that the king's justice may send to the
court of holy Church, to see how matters are there carried ;
and if a clerk be convicted, or confess, the Church ought not
any longer to protect him.

4. It is not allowed to archbishops, bishops, and parsons,
to depart the kingdom without the king's licence; and if
they do, they shall give the king security, if he so pleases,
that they will procure no evil to the king or kingdom, in
going, returning; or staying.

5. Excommunicates ought not to give security, or to make
oath bfor the remainder, but only to give security and pledge

E 2

52 ARTICLES OF CLARENDON. [A.D. 1164.

for standing to the judgment of the Church, that they may
be absolved*.

b That is, I conceive, for ever after. Ordinaries, it should seem, were
not content to take oath, or other security of offenders to stand to the
judgment of the Church as to the penance to be imposed for the crime for
which they were now impleaded, but demanded some pledge or security
that they would never after be guilty of obstinacy. This is what the
article forbids. By this it is evident that criminals were now absolved
before they had done penance ; for the security was given for this doing
penance after they were absolved.

6. Laymen ought not to be accused but by certain lawful
men and witnesses, in the presence of the bishop (yet so as
that the archdeacon do not lose his right, nor any thing ac
cruing to him thereby) . If they who are suspected be such
as no one will or dare accuse, the sheriff at the bishop's re
quest shall cause twelve lawful men of the c vicinage f, or vil
lage, to take their oaths, that they will discover the truth
according to their conscience.

c Here is a word wanting in Sir H. Spelman, it is de insuero, Hinius t,
perhaps it ought to be mcineto. So Somner read it.

7. That none of those who hold of the king in capite, nor
the officers upon his demesnes be excommunicate, nor any of
their estates laid under an interdict, till application have
been made to our lord the king, if he be in the kingdom ; or
if he be not in the kingdom, to his justice, that he may deal
with him according to right; and so what belongs to the
king's court be there determined, and what belongs to the
ecclesiastical court be there determined.

8. If appeals arise, they ought to proceed from the arch
deacon to the bishop, from the bishop to the archbishop, and
lastly, to the king, (if the archbishop fail in doing justice,) so
that the controversy be ended in the darchbishop's court by a
precept from the king, and so that it go no farther without
the king's consent.

* [V. Excommunicati non debent quam vocem in variantibus lectionibus
darevadium ad remanentiam, nee prse- ad calcem operis legere monemur vis-
stare juramentum, sed tantum vadium neto vel viceneto pro vicinia, ex qua
et plegium stand! judicio ecclesiae, ut xii. juratores in assisis eligebantur."
absolvantur. W. Spelman reads ubi W. p. 435, note f.]
absolvuntur. Probably ' remanentia' J [Binii Concilia, torn. iii. part. 2.
means 'residence;' see Ducange, Glos- p. 1343. ed. Colon. 1606; ex Matth.
sarium et Supplement] Paris.]

f [" In Matth. Paris, erat insuero,

A. D. 1164.] ARTICLES OF CLARENDON. 53

d So of old the Christian emperors used to grant a second hearing (to
such as thought themselves wronged by a former sentence) before bishops
assigned by himself : and this is much more agreeable to the primitive
scheme, than for kings to assume to themselves the determining of eccle
siastical causes, or assigning a court of delegates, half of the clergy, half
of the laity. Vide Can. Ant. 12 *. When the Church assumed the cogni
sance of secular matters, no wonder that the king meddled with causes
ecclesiastical.

9. If a challenge arise between a clerk and layman, or
vice versa, concerning any estate which the clerk would have
to be held in frank-almoin and the layman to be a lay fee,
it shall be determined by the award of twelve lawful men
before the king's justice, whether the estate be in frank-
almoin or in lay fee. ' If the award be that it is in frank-
almoin, the plea shall be in the ecclesiastical court; but if
in lay fee, ethen unless both claim their tenure under the
same bishop or baron, the plea shall be in the king's court ;
but if both claim under the same lord of the fee, the plea
shall be in his court; but so that on the account of such
recognition, he that was first seised of any city, castle,
borough, or royal manor, shall not lose his seisin f-

e Somner, whom I follow, thus reads this part of the article ; Nisi
ambo tenementum de episcopo eodem vel barone advocaverint, erit placitum
in curia regis, sed si uterque advocaverit de feodo illo eundem episcopum
vel baronem, &c., as in Spelman.

10. If one that is cited for any crime, for which he ought
to make answer to the f archdeacon or bishop and will not
make satisfaction upon their summons, they may lawfully put
him under & interdict ; but they ought not to h excommuni
cate him till application hath been made to the king's chief
officer of the vill, that he may by law bring him to satisfac
tion. If the officer fail he shall be fined at the king's plea
sure, and from that time the bishop may proceed against
him by the law ecclesiastical J.

* [A.D. 341. ConciL, torn. ii. p.] 314.] citum in curia ipsius, ita quod propter
'•f* [Et si recognitum fuerit ad elee- factam recognitionem saisinam non
rnosynam pertinere, placitum erit in amittat, qui prius fuerat saisitus, do-
curia ecclesiastica; si vero ad laicum nee per placitum dirationatum fuerit]
feudum, nisi ambo tenementum de eo- J [X. Qui de civitate vel castello,
dem episcopo vel barone advocaverint, vel burgo, vel dominico manerio regis
erit placitum in curia regis ; sed si fuerit, si ab archidiacono vel epi-
uterque advocaverit de feudo illo eun- scopo super aliquo delicto citatus
dem episcopum vel baronem, erit pla- fuerit, unde debeat eis respondere, et

54 ARTICLES OF CLARENDON. [A.D. 1164.

f From this it appears that archdeacons were now allowed a juris
diction, though it appears by the sixth article, that in criminous cases
the information was to be made to the bishop himself, he at least was in
person to hear the depositions of the witnesses. For it was justly sup
posed that his presence rendered the oaths more full of awe and solem
nity. Probably the archdeacons did now in other parts of the proceed
ings, perform the office of judges in ecclesiastical causes. Officials were
not yet in use ; yet Archbishop Becket soon after this, mentions one
Robert, vicar to Gilbert, archdeacon of Canterbury, both which he had
excommunicated. Sir H. Spelman, vol. ii. p. 80.

g That is, probably, suspend him from entrance into the church ; the
greatest part of offenders were liable to no other interdict.

h This king and his counsellors were of the same sentiment with our
late convocations, that excommunication ought not hastily to be passed
in case of contumacy, but some other legal method be provided to bring
the party to reason. In truth this article goes farther than our late con
vocations. For in criminous cases, excommunication for contumacy in
not appearing was not intended to be prevented by the late plan pub
lished by Bishop Gibson *, as it is here by the king and his council.

11. Archbishops and bishops, and all the jparsons of the
kingdom, who hold of the king in capite, are to look on their
estates as baronies, and on that account to be responsible to
our justices and officers, and to execute and perform all
royal customs, and ought as other barons, to be present
at judicial proceedings in the king's court, till they come to
deprivation of life or member.

1 In this age, the word parson was first used for one in holy orders ;
but my reader will observe, that it signified a clergyman of note or emi
nence, as appears by these articles ; yet sometimes it was given to
inferior priests.

12. When an archbishopric, bishopric, abbacy, or priory
is vacant, it ought to be in the king's hand, and he shall
receive all the rents and issues as of his own demesnes : and
when the Church is to be provided for, the king is to send
his mandate to the chief parsons of that Church, and the

ad citationes eorura noluerit satisfacere, astica justitia coercere. W. In Spelman

bene licebit eis sub interdicto ponere the last clause is, Et exinde poterit

eum, sed non debent ipsum excommu- episcop. ipsurn accusatum ecclesiastica

nicare prmsquam capitalis minister justitia coercere. Doubtless the word

regis villae illius conveniatur, ut justi- should be 'episcopus,' agreeably with

tiet eum ad satisfactionem venire. Et Johnson's translation.]
si minister regis inde defecerit, erit in * [Codex Juris Eccl. Angl.,tit. xlvi.

misencordia regis, et exinde potent c. 6. p. 1059 • ed. Oxon. 1761.]
episcopum ipsum accusatum ecclesi-

A. D. 1164.] ARTICLES OF CLARENDON. 55

election ought to be made in the king's chapel, and by the
advice of the king's parsons whom he shall call for this pur
pose ; and the elect shall do homage and fealty to the king,
as to his liege lord, for his life and members and earthly
honour, (with a saving to his order,) before he be conse
crated.

13. If any great men of the kingdom do violently oppose
the archbishop, bishop, or archdeacon in doing justice to
himself and in things that properly belong to him, the king
ought to vindicate him ; and if any one oppose our lord the
king in his right, the archbishops, bishops, and archdeacons,
ought to compel him by their law, to make satisfaction to
the king.

14. The chattels of those who have committed capital
crimes are not to be kept in the church or churchyard
against the king's justices ; for they are the king's, whether
in the church or out of it.

15. Pleas of debt are in the king's cognizance, whether
due upon k faith given or not.

k That is, upon solemn promise or oath ; for in such cases the eccle
siastical judges claimed the cognizance of the debt, as will hereafter
appear *.

16. The ' sons of tenants in villainage, ought not to be
ordained without consent of the lord on whose lands they
were born.

1 The reason is evident, viz., because these were deemed a part of the
stock belonging to the land, and by ordaining such a one the landlord lost
a slave ; for when he was once ordained no man dared strike him under
pain of excommunication. The primitive Church did not allow slaves to
be ordained without consent of their masters, because they would not
otherwise have been at liberty to attend the offices of the Church. See
Can. Apost. 73 f, &c.

The king also decreed that bishops should degrade clerks
in presence of the king's justice, whom they had found
guilty of any public crime, and then deliver them to the

* [Compare Laws of K. Alfred, A. D. 877. 1, vol. i. p. 318, and note J.]
f [al. can. 81. Concil., torn. i. p. 46.]

56 ARTICLES OF CLARENDON. [A.D. 1164.

king's court to be punished. On the other side, the arch
bishop thought that when they were degraded, they should
not be punished by a lay hand, because m this seems to be a
double punishment for a single crime.

m It is true this reason is given in some ancient canons, why clergymen
should not be both deprived and excommunicated for the same crime ;
but not as a reason why he that has committed a crime deserving death
by the civil laws should not suffer as well as others. The occasion of the
king's offering this article was as follows ; Philip de Broc, canon of Bed
ford, had committed murder, and being brought before the king's justice
for it, instead of humbling himself he insulted the judge ; yet the king
could not prevail on the council to pass this article, but was content to
see him deprived of his canonry and banished for two years. I cannot
but upon this occasion declare my sentiment, that a clergyman notoriously
guilty of any capital crime, is so far from having any title to any peculiar
mercy, that he deserves, if it were possible, doubly to die for it. While
the lives of murderers were generally ransomed by a weregild, and this
practice settled by law, and therefore few were executed for this crime, it
did not seem a grievance that clerks guilty of murder were not put
to death but only condemned to penance during life in the bishop's prison
or in some monastery : for the lay murderer by paying his weregild was
dismissed without any such violent penance. But now since laymen lost
their lives for murder, it justly appeared a grievance that orders should
protect men in their crimes. I know not when murder was first punished
universally with death, but it seems most probable that this practice first
prevailed toward the latter part of King Henry the First's reign, and was
therefore now of about forty years' standing.

Becket, archbishop of Canterbury, never approved these
articles, and thereby incurred the king's displeasure, and
consulted his own safety by living abroad for seven years.
And though he returned to Canterbury at the end of this
term, yet the king shewed him no countenance, and he was
killed by four armed courtiers as he was performing his
devotions at the altar of the Blessed Virgin in his own
church. A year or two after the king calls a council at
London, where the monks of Canterbury appeared, and
chose Robert, abbot of Bee in Normandy, for their arch
bishop, and though the provincial bishops consented to the
election, yet Robert, with a primitive piety, refused to accept
it ; upon which they proceeded to choose Richard formerly
a monk of Canterbury, then prior of Dover. And at the
same time in presence of the council, the pope's letters for

A.I). 1164.] ARTICLES OF CLARENDON. 57

canonizing Becket, and keeping a festival in honour to him,
were publicly read. This archbishop constituted three arch
deacons in his diocese, which of old had, and now hath but
one ; yet some say it was Baldwin did this. Albertus and
Theodine, two cardinals, came from Rome to enquire into
this murder, and the "king hearing that they were arrived
in Normandy, immediately crossed the seas from Ireland to
England, and at the place appointed by the cardinal legates,
did publicly by oath upon the relics of certain saints, and
on the gospels, purge himself from the imputation of having
commanded those four men to kill the archbishop ; nay, he
declared himself much afflicted for his death : but because he
apprehended that the indignation which he had expressed
against Becket might give occasion to those assassins to
commit the bloody fact ; and because those malefactors had
escaped from justice, (though others say that by the law as
it then stood, the murderer of a priest was privileged from
suffering death, which yet scarce seems credible,) therefore
he swore to perform the following satisfaction before he was
absolved, viz., 1. That he would not withdraw his obedience
from Pope Alexander and his successors, (for the king had
threatened formerly to join with Victor the antipope,) so long
as he was treated like a catholic prince. 2. That appeals
might be made from England to the see of Rome, so that if
the king had any suspicion of the appellors, he might cause
them to swear that they meant no hurt to him or his king
dom. 3. That he would for three years wear the cross, and
go to Jerusalem to fight for the Holy Land, beginning next
summer, except the pope dispensed with him ; but his expe
dition might be deferred for so long a time as he thought fit,
to fight against the Saracens in Spain. 4. That he should
give so much money to the templars as they should think
sufficient to maintain two hundred men to defend the Holy
Land for one year. 5. That he should pardon and call home
all that were banished on account of Archbishop Becket,
and restore all things taken from the monks of Canterbury,
and make them in as good condition as they were the year
before that archbishop left England. 6. That he would give
up all the customs against the Church introduced in his
time.

58 ARTICLES OF CLARENDON. [ A. D. 1164.

n King Henry II. upon this and other occasions paid a great deference to
the pope, yet it is evident he did it not out of blind obedience, but for other
prudential reasons, as appears by his speech to Hilary bishop of Chichester ;
for when that prelate was magnifying the pope's authority, rt You argue,"
says the king, " with much sophistry for the power of the pope, which was
granted him by men, against the royal dignity given to me by God."
See Spelman, vol. ii. pp. 57, 58 *.

* [Wilkins, vol. i. p. 431.]

A.D. MCLXXV.

ARCHBISHOP RICHARD'S CANONS.

RICHARD, successor to Thomas Becketiu the archbishopric
of Canterbury, with eleven English bishops beside himself,
and the bishop of St. David's, and four abbots, being toge
ther in London, there celebrated a provincial council. King
Henry the Second being just returned from Normandy with
his son Henry, who was crowned king by his father's order,
they were both of them present in the assembly, and con
sented to what was done.

The archbishop opened the synod by intimating that he LATIN.
rather chose to adhere to the rules of the a fathers than to spelmao,
make new ones, and that he had thought fit to have certain vo\^
heads published and observed by those of his province ; and [Wiikins,
that they who opposed the statutes of this synod were to be vol^'6# -,
deemed transgressors of the sacred canons.

a Every one of the following canons except the sixth and ninth, is
attributed to some pope or council, but they seem to have been transcribed
with great latitude or negligence : the first, for instance, is said to be
Alexander the Third's, who was at that present pope, and eagerly espoused
by our king and Church, in opposition to Victor, who was his rival : and
Eoger, to whom this epistle is said to be written, did at this time sit in the
see of Worcester, and was present in this synod, and there are several
letters in the Corp. Jur. Can. directed to our English bishops on this head,
. and one in particular to the bishop of Worcester, (Decretal. Greg. IX. lib. i.
tit. 17. c. 4,) but in words quite different from those here cited : the same
may be said of most of the other canons ; therefore I have not been so
punctilious as to refer my reader to them, unless in some special cases.
See Const, of Richard Wethershed, A.D. 1229.

* [Concilium Westmonasteriense provinciae clero. "Ex MS, Benedict!

habitum die dominica ante ascensio- abbatis, citante Spelmann. Vid. etiam

nem Domini anno gratise MCLXXV. R. Hoved. in hoc anno." Wiikins also

praesidente eidem Richardo, Cantua- gives variations from MS. Lambeth,

riensi archiepiscopo, et convocato suae n. 17, and MS. Eliense, n. 235.]

60

[A.D. 1175.

1. From the decretal epistle of Pope Alexander the Third,
to Roger bishop of Worcester.

If any priest or clerk in bholy orders, that has a benefice,
publicly keeps a concubine, and does not dismiss her upon a
third admonition, let him be deprived of office and benefice :
any under subdeacons must keep their wives, if they are mar
ried ; except by mutual consent they choose to be creligious :
but they are not to be beneficed if they live with their wives.
But they who have married since they were subdeacons are
to leave their women whether they consent or not*. And
dlet not sons be instituted into their fathers' benefices, unless
some one succeed between them.

b That is, subdeacon or any order above that : for the other orders were
inferior.

c That is, monks, or recluses ; qui ad conversionem (not conversationem)
veniunt. Somner.

d Yet Clement the Third in the year 1189 allowed all sons of clergy
men lawfully begotten to succeed their fathers. His decretal is extant in
the first book. Tit. 17. c. 12.

2. From the third council of Carthage f.

Let not clerks in [vide supra b] holy orders go to eat and
drink in taverns, nor be present at drinking bouts, unless in
their travels. Let the offender desist, or be deposed.

3. From the third council of Toledo J .

Let not a man in [vide supra b] holy orders be concerned
in judgments concerning blood ; nor by himself, nor by any
other, inflict deprivation of member. Let the offender be
deprived of office and place. We threaten anathema to that
priest who takes the office of sheriff or reeve.

4. From the council of Agde §.
Clerks that wear long hair are to be clipped by the arch-

* [So much is given as a constitu- can. 27. Concilia, torn. iii. col. 884.]
tion of Archbishop Richard in Lynd- J [See Cone. Tolet. XI. A.D. 675.

wood's text, Provinciale, p. 128. Cf. can. 6. Ibid., torn. xi. col. 141.]
Concilia, torn. xxi. col. 1088.] § [See Cone. Agathens. A.D. 506.

f [See Cone. Carthag. III. A.D. 398. can. 20. Ibid., torn. viii. col. 328.]

A. D. 1175.] RICHARD'S CANONS. 61

deacon even against their will. Nor may they use any
clothes or shoes but what are decent. He that does not
mend upon admonition, let him be subject to excommuni
cation.

5. From divers decrees of Urban, Innocent, the councils of
Chalcedon and Carthage.

Because clerks for their ignorance, incontinence, defect of
birth, title or age, despairing of [higher] Borders from their
own bishops, procure, or pretend themselves to be ordained
by foreign bishops, and so bring seals unknown to their
own diocesans ; we therefore annul their orders, forbidding
with the terror of anathema, any to admit them to the exer
cise of their function. Let any bishop of our jurisdiction,
who knowingly ordains or receives such a clerk, be suspended
from conferring that order to which he thus admitted the
foreigner, till he makes due satisfaction *.

6. Item.

Since the church of God ought to be a house of prayer,
not a den of thieves, therefore we forbid under terror of
anathema, all secular causes concerning blood and corpo
ral punishment to be tried in churches or churchyards ; for
they are sanctuaries for the guilty, not courts of blood and
cruelty.

7. From the synod of Triburia, or Trevur f.

The holy synod detests simoniacal heresy, and ordains that
nothing be demanded for orders, chrism, baptism, extreme
unction, burial, communion, nor the dedication of a church ;
but that what is freely received be freely given; let the
offender be anathema.

8. From the decree of Urban the pope J.
Let no prelate exact, or take by way of bargain, any price

* [Cf. Lyndwood, Provinciale, p. 16. Concil., torn, xviii. col. 140.]
32.] J [Epist. UrbaniP.II. (A.D. 1087.)

f [See Cone. Tribur. A.D. 895. can. adMadelmum. Ibid., torn. xx.col.700.]

62 RICHARD'S CANONS. [A.D. 1175.

for the reception of any monk, canon, or nun, who enters
into a religious life. If any do, let him be anathema.

9. A new decree.

[Lynd., Let none transfer a church to another, in the name of a
p. 281.] ep0r^on^ or take any money or covenanted gain for the pre
sentation of any one. He that is guilty by conviction or
confession is for ever deprived of the patronage of that
church by the king's authority and ours.

e That is, as a portion from a father or grandfather to his son or
grandson.

10. From the decrees of divers fathers.

We forbid under terror of anathema monks or clerks to
trade for gain, and monks to hire farms either of clerks
or laymen, and laymen to take ecclesiastical benefices to
farm.

11. From the council ofMeaux*.

Let none that would appear to be clerks wear or bear
arms, but make their manners and clothes suitable to their
profession, or else be degraded as despisers of the canons
and of ecclesiastical authority ; for none can be a soldier to
God and the world at once.

12. From the decree of Pope Alexander the Third } sent to the
bishop of Norwich f.

If vicars in contempt of the faith and oath made to the
parsons lift themselves up against them, assuming to them
selves a parsonage, and be legally convicted of it or confess
it ; let them no longer be allowed to officiate in the same
bishopric.

13. From the council of Rouen J.
All tithes of land are the Lord's. Let all, who are unwill-

* [See Cone. Meldense, A.D. 845. torn. xxii. col. 398.]

can. 37. Cone., torn. xiv. col. 827.] J [See Concil. D. Walteri Roto-

t [See Cone. Lateran. III. A.D. mag. A.D. 1189. can. 23. Ibid., col.

1179. Append., pars xxxix. c. 4. Ibid., 585.]

A. D. 1175.] RICHARD'S CANONS. 63

ing to pay them be thrice admonished, according to the pre
cept of the pope, to yield the tithe of grain, wine, fruits
of trees, young animals, wool, lamb, butter, cheese, flax,
hemp, and whatever is yearly renewed, and be laid under
anathema if they do not amend. Let the imperial sanction
check the audacious by condemning them in cost, and by
other means.

Agreeably to the sacred institutes we charge that in suits
between clerks concerning pecuniary matters, he that is cast
be condemned in cost; I leave him that is insolvent to be
punished at the bishop's discretion.

14. From the decree of P. Pelagius*.

But f ten prefaces are found in the sacred catalogue, one for
Low Sunday, a second for Ascension day, a third for Pente
cost, a fourth for Christmas day, a fifth for the apparition of
our Lord, a sixth for the Apostles, a seventh for the Holy
Trinity, an eighth for the Cross, a ninth for Lent fast only,
a tenth for the Blessed Virgin. By authority of this decree
and of Pope Alexander we forbid any more to be added.

f There are but nine prefaces mentioned in the decretal of P. Pelagius,
distinct, i. de consecr. c. 71 1 ; that for the Blessed Virgin is there omitted.
From this we may learn that the superstitious worship of the Virgin was
not ripened till about this age.

15. From the decree of Pope Julius %.

We forbid the Eucharist to be sopped, as if the Commu
nion were by this means more entirely administered. Christ
gave a sop only to that disciple whom He pointed out for a
traitor, and that not to denote the institution of this sa
crament.

16. From the council of Rheims §.
We charge that the Eucharist be not consecrated in any [Lynd.,

p. 234.]

* [Pelag. P. II. A.D. 578. Epist. ix. J [See Decreta Julii P. I. (A.D. 335.)

ad Episc. Germ, et Gall. Ibid., torn. ix. juxta Gratianum. Cone., torn. ii. col.

col. 905.] 1268. ap. Gratiani Deer, de Consecr.

f [The tenth preface was added un- d. ii. ' cum omne.']

der Pope Urban II. at the council of § [Canones additi Cone. Rhem. I.

Placentia, A.D. 1095. Concil., torn. xx. (cir. A.D. 630.) ex Burchard., &c.

col. 807. See Corp. Jur. Can., cf. dis- Ibid., torn. x. col. 603.]

tinct. Ixx. c. 2. annot.J

64 RICHARD'S CANONS. [A. D. 1175.

chalice not made of gold or silver ; and that no bishop bless
a chalice of 6tin.

g Yet this canon as it now standeth in the Corpus Juris Canonici
allows tin, though not brass, to poor churches. See de Consecr. distinct, i.
c. 45*.

17. From the decrees of Pope Ormisdas^.

Let no faithful man, of what degree soever, marry in pri
vate, but in public, by receiving the priest's benediction. If
any priest be discovered to have married any in private let
him be suspended from his office for three years.

18. From the decrees of Pope Nicolas J.

Marriage is null without consent of both parties; they
who marry boys and girls do nothing unless both consent
after they come to age of discretion : therefore we forbid
the conjunction of those who have not both attained the
legal and canonical age, unless there be an urgent necessity
for the good of peace.

[Post- Roger, archbishop of York, would not be present at this

scnpt'J council; but by some of his clergy that were there, claimed
the right of having his cross borne before him in the province
of Canterbury ; they claimed also the dioceses of Lincoln,
Chester, Worcester, and Hereford, as limbs of the province
of York. And because these claims were not allowed in the
council they appealed to the see of Rome : as also because
their complaint against the archbishop of Canterbury for
cursing the clergy of St. Oswald in Gloucester (because
they would not submit to him as their metropolitan) was
rejected.

[Addenda.] [The bishops of Lincoln were of old patrons of the monasteries of
St. Oswald, Gloucester, and of Selby in Yorkshire, by right of foundation,
as I suppose §, (yet Hoveden calls the first a royal chapel, and therefore it

* [Compare in Johnson's former J [Decret. Nicolai P. I. (A.D. 858.)

volume, Elfric's Canons, A.D. 957. ex Gratiani volumine desumpta tit.

22. p. 397 f, and p. 406 f.] xviii. de Matrimonio, can. 3. Ibid.,

t [Decret. Hormisd. P. (A.D. 514.) torn. xv. col. 446.]

ex Gratiano desumpta, 2. Concil., torn. § [" King William Rufus gave the

viii. col. 530.] patronage of this abbey to Thomas, the

A.D. 1175.] RICHARD'S CANONS. 65

might be a donation of some one of our kings to the bishop of Lincoln.)
Thomas, archbishop of York, claimed the diocese of Lincoln, as a member
of his province. And it appears from what hath been said, 1179, that
Lincoln was part of the kingdom of Northumberland, when it was first
erected into a diocese. Robert, then bishop of Lincoln, rather chose to give
King William Rufus three thousand marks for his protection, and to yield
to Thomas the two monasteries, or the chapel and monastery aforesaid,
by way of composition, than to subject himself and his see to the arch
bishop of York : this was in the year 1094. But now Richard, archbishop
of Canterbury, claimed the exercise of his metropolitical authority in St.
Oswald's, and being opposed in his claim, he excommunicated the pos
sessors, and so the cause was brought before the legate, who gave sentence
for the archbishop of York. And by this and such like instances, we may
see the use of legates in England, by which the pope gradually intro
duced the canon law.]

Farther, in this council the clergy of St. Asaph diocese
desire that their bishop Godfrey might be restored to them.
He had been driven by the fury of the Welsh to seek for bread
here in England : and the king had given him the guardian
ship of the vacant abbey of Abingdon : and he now rather
chose to continue there than to return to Wales; so an
other named Adam was by the archbishop consecrated to
the see of St. Asaph.

In another council assembled at Winchester the same
year the king endeavoured to reconcile the two archbishops ;
and so far prevailed, that they consented to refer their cause
to the archbishop of Rouen, and some other French prelates :
but neither did this prove an effectual cure.

The next year Cardinal Hugo, or Hugezun, was sent from
Home to determine these disputes ; but he left it as he found
it ; only pronounced in favour of the archbishop of York as
to his right to St. Oswald's in Gloucester. The articles of
Clarendon were renewed also in a council holden at North
ampton, at which this cardinal was present. And the king
had there leave given him by the said cardinal to implead
clergymen in temporal courts, if they presumed to kill or
hunt any deer in his parks or forests : which the historians

first of that name, archbishop of York, bishop claimed over Lindsey in Lin-

and to his successors, along with the colnshire. — Dugdale, Monast. Angl.

church of St. Oswald at Gloucester, in (under Selby), vol. iii. p. 485. ed.

lieu of the jurisdiction which that arch- 1817.]

JOHNSON. T?

66 RICHAED'S CANONS. [A.D. 1175.

observe to be the first instance of laymen's authority over the
clergy allowed by the see of Rome.

There was likewise another council bid at Westminster
the same year by the same cardinal, at which there was a
great appearance of prelates and clergy; but when Roger,
archbishop of York, observed that the archbishop of Canter
bury was placed at the right hand of the legate, and the left
hand assigned to him, he thrust himself into the archbishop
of Canterbury's lap; hereupon the servants of Canterbury,
and even the bishops themselves (says Hoveden) assaulted
York, threw him flat on the ground, trampled upon him, and
rent his cope, at which the whole council broke up, the car
dinal himself withdrew in great hurry and confusion, and
they never came together again; the two archbishops vent
ing their indignation against each other by complaints to
the king and mutual appeals to the pope.

In a pacification made this year between the two kings of
England and Scotland, one article was, that all Scotch
bishops should be consecrated by the archbishop of York,
and subject to him.

See here a very observable monument of the knight-
errantry of this great king, and of his subjects both of the
clergy and laity, both in the island of Great Britain and on
the continent.

A.D. MCLXXXVIIT.

KING HENRY THE SECOND'S CRUSADE.

THE king [Henry II.] had a conference with the king of LATIN.
France, the archbishops, bishops, earls, and barons of their speSi'an,
kingdoms were there present. The archbishop of Tyre was vol. ii.
there, who being filled with the spirit of wisdom, marvellously

preached the word of God before the kings and princes, and vo1- '• #
converted their hearts to the taking of the cross ; and they
who were before enemies were on that day made friends by
his preaching, and the divine co-operation, and received the
cross from his hand, and at the same hour the sign of the
cross appeared over them in heaven ; at the seeing of which
miracle great numbers crowded in to take the cross. And
the said kings agreed upon a distinction for their own crosses
and those of their nations ; the king of France and his nation
took red crosses, the king of England and his nation white
ones, and Philip, earl of Flanders, with his nation green. And
so every one went into his country to provide necessaries for
himself and his voyage.

1. King Henry after his taking the cross went to Mans,
where with the advice of his counsellors he ordained that
every one should give the tenth of his income and moveables
this year for the succour of the land belonging to Jerusalem,
excepting the arms, and horses, and apparel of the knights,
and the horses, books, vestments, clothes, and ecclesiastical
a furniture of clerks f, and the precious stones both of clerks
and laics; after an excommunication has been first pub
lished against every man in every parish by the archbishops,
bishops, and arch-priests, who doth not pay the said tenth in
the presence and with the privity of those who are con-

* ["Ex Rog. Hoved. in anno."] pellanorum ; this emendation is sup-

f [Wilkins gives 'et omnimoda ca- ported by a parallel passage in the next

pella clericorum' within brackets, and paragraph quoted below, p. 69.]

adds in a note, Rectius clericorum ca-

68 KING HENRY II/S CRUSADE. [A.D. 1188.

cerned and are to collect that money, (that is, a parish
priest, the arch-priest, one templar, one hospitaller, a ser
vant of the king, a clerk of the king, a servant and clerk of the
baron, and a clerk of the bishop). And if any one pay less
than he ought in their opinion, four or six lawful men shall
be chosen out of that parish to declare upon oath what he
ought to have paid, and then he must pay the deficiency.
But clerks and knights who have taken the cross shall pay
none of this tenth but out of their own b demain ; and what
ever is due to them from their tenants shall be collected by
those before mentioned, and be wholly yielded to them for
their own use.

a Capella does properly signify a cabinet for the keeping of holy relics,
and in a larger sense any closet or chest for the repositing of any thing
that is of value ; from hence it carne to signify a little church : for no
church or chapel could ordinarily be consecrated without having the relics
of some saint to be kept therein *.

b Demain properly signifies that part of the manor which the lord kept
in his own hands, but sometimes it signifies any estate in irnmoveables.

2. But let the bishops by their letters cause it to be de
clared in every parish of their bishoprics on the day of the
Nativity, and of St. Stephen and St. John, that every one
have by him the tenth before taxed by the feast of the Puri
fication of the Blessed Virgin Mary, and make lawful pay
ment thereof on the day following before the persons afore
said, at the place to which he shall be warned.

3. Farther it is ordained by our c lord the pope, that what
ever clerk or laic takes the cross, he be freed and absolved
by authority of God and the blessed apostles Peter and Paul
from all the sins which he has repented of and confessed.

c See the beginning of indulgences. In the first attempt in the year
1184, he that contributed his just aid had only three years' indulgence
granted him if he were under a penance of seven years, and so in propor
tion for penances of fewer years. Sir H. Spelman, p. 116. This seems the
first instance of paying tenths.

4. d It is ordered also that all clerks, knights, and such as
hold by serjeantry who undertake this expedition, shall have

* [Antiqui reges Francise ad bellum torio servabatur, quod ab ipsa capa
procedentes, capam beati Martini se- dictum est capella. — Durandus, Ra-
cum portabant, quae sub quodam ten- tionale, lib. ii. c. 10. § 8.]

A. D. 1188.] KING HENRY II/S CRUSADE. 69

the tenths of their lands, and of their tenants, and shall pay
nothing for themselves *.

d What is here omitted seems only a cautionary repetition of the first
article, that all clerks, laics, who did not take the cross, should pay their
tenth.

5. And it is ordered that no one do swear enormously, or
play at dice, and that none after next Easter wear parti
coloured, e grisian, sable, or scarlet clothes, and that every one
be content with two dishes; and that no man carry any
woman in pilgrimage with him but what may walk on foot
to wash his clothes, that is unsuspected; and that none
wear cloth slashed or pinked.

e See 1138. 15. p. 45.

6. And it is ordered that whatever clerk or laic hath be
fore his taking the cross pawned his rents, yet that he receive
the entire product of this year, and that the creditor do again
take the rents when this year is past, so that the rent which
he receives be accounted for in paying of the debt, and that
no use be paid for the debt while the debtor is in this
pilgrimage.

7. And it is ordered that whatever clerks or laics go this
pilgrimage may lawfully pawn their rents, whatever they be,
from Easter, when they begin their voyage, for the term of
three years, so that the creditors, whatever becomes of the
debtors, may receive the whole profit of the rents which they
have in pawn, from the said Easter for three whole years.

8. And it is ordered that whoever dies in the pilgrimage,
he shall divide his money that he carries with him, by the
advice of discreet men (who shall be assigned for this pur-

* [Johnson here omits a sentence clericorum, capellanorum, et lapidibus

before that which he translates and pretiosis tarn clericorum, quam laico-

another after it ; in the Latin the rum, et exceptis equis, et armis, et ves-

whole passage stands thus : tibus militum ad usum proprii corpo-

Dispositum est autem a regibus, et ris pertinentibus. Dispositum est etiam,

archiepiscopis, et episcopis, et aliis quod omnes clerici, milites, et servi-

principibus terrse ; quod omnes illi, entes, qui hoc iter arripient, decimas

tarn clerici quam laici, qui hoc iternon terrarum suarum et hominum suorum

arripient, decimas redituum, et mobi- habebunt, et nihil pro se dabunt. Bur-

lium suorum hujus anni, et omnium genses vero et rustici, qui sine licentia

catallorum suorum tarn in auro, quam dominorum suorum crucem acceperint,

in argento, et omnibus aliis dabunt, ex- nihilomiuus decimas dabunt. W.]
ceptis vestibus et libris, et vestitnentis

70 KING HENRY II/S CRUSADE. [A.D. 11SS,

pose) for the subsistence of his servants, and for the succour
of the land belonging to Jerusalem, and for the relief of
the poor. All the aforesaid particulars were ordained and
ordered by Henry, king of England, in the presence of
Richard his son, earl of Poictou, William, archbishop of
Tours, Baldwin, archbishop of Canterbury, Walter, arch
bishop of Rouen, John, bishop of Evreux, Ralph, bishop of
Angiers, R[egnauld], bishop of Mans, and M[aurice], bishop
of Nantes ; and in the presence of Hugo de Nunant, elect
bishop of Chester*, and Lisard, elect of Siez, and of the
barons of Angiers and Mans, and Tours in Mans.

These things being thus ordered, the king appointed his
servants of the clergy and laity for the collecting the
tenths aforesaid in all his countries beyond sea, and then
crossed the sea, and landed at Winchelsey on Saturday,
3 kal. Feb. In the meantime, Baldwin, archbishop of
Canterbury, coming into England before the king, con
secrated Hugo de Nunant bishop of Coventry. Our lord
the king, as soon as he was arrived in England, assem
bled a great council of bishops, abbots, earls, and barons,
and many other clerks and laics, to Gaintington, where he
caused all the aforesaid heads to be publicly recited, which
he had before ordained concerning the taking of the cross.
Which done, Baldwin, archbishop of Canterbury, and his
vicar, Gilbert, bishop of Rochester, fmarvellously preached the
word of God and the mystery of the saving cross that day
before the king and his princes; whereupon many of the
clergy and laity took the cross. g And then our lord the king
sent his servants, both clerks and laics, through every county
of England, to collect the tenths according to the aforesaid
ordinance made in his countries beyond sea. And he caused
all of the richer sort to be called out of every city in Eng
land, as two hundred out of London, one hundred out of
York, and out of other cities in proportion, and caused them
all to be presented to him at times and places appointed, of
whom he took the tenth of their moveables, according to the
estimate of credible men who knew their incomes and move
ables ; if he found any rebellious, he put them into prison
and chains till they paid the utmost farthing. In like man-

* [Hugonis de Nonant, Coventrensis electi, W.]

A. D. 1188.] KING HENRY II/S CRUSADE. 71

ner he dealt with the Jews in his country, by which he
h raised an inestimable mass of money.

f [The archbishops of Canterbury for about eighty years claimed, and [Addenda.]
probably exercised, the same privilege in relation to the electing and
granting the temporalties to the bishop of Rochester, that the king did
in relation to other bishoprics : the monks of Canterbury would not allow
that a bishop could be chose for Rochester in any place but in the chapter
house of Christ's Church, but the pope determined against this privilege
of the archbishop and monks in the year 1238. During the time that the
archbishop enjoyed this privilege, and probably from the time of Lanfranc,
till a good while after, the point of election had been declared to be like
that of other sees, the bishop of Rochester was styled vicar to the arch
bishop of Canterbury, and sometimes chaplain to the archbishop, or the
province, as he of London was dean, he of Sarum precentor, he of Win
chester chancellor. There is in the Textus Roffensis a memorial with
this inscription, Hce sunt Consuetudines, quce debentur a Domino Cantuar.
Archiejpiscopo, Episcopo Roffensi : the same is published in Anglia Sacra,
vol. i. p. 390, as from the customary of Rochester, and it imports " that
the bishop of Rochester shall have twenty shillings a day while he travels
at the archbishop's request, and while he exercises the episcopal office in
the vacancy of the archbishopric ; that it shall be at the archbishop's
option, when the bishop of Rochester travels with him, whether to find
him in all things necessary, or to entertain him, his clerks and officers, at
his own table ; but that in the evening the bishop shall have two good
wax tapers, fourteen greater candles, twenty-five lesser, answering to the
number of * twenty-five horses and men, (so I understand equitaturarum,)
plenty of wine and beer, and five shillings every day for his family and
horses. And that this bishop ought to supply the archbishop's absence
in the consecration of kings as well as bishops, receiving the procuration
aforesaid. This Gilbert (says the memorial) exercised this office while
Archbishop Baldwin was absent in the holy war, and during the vacancy
of the see, and received the procuration aforesaid.]

* N.B. Textus Roffensis hath here XW., but it is printed in Anglia Sacra XXV.

g [Giraldus Cambrensis says he attended the archbishop and his vicar
when they went into South Wales on this occasion ; that the archbishop's
sermon at Haverford prevailed with very few to take the cross, but that
when he himself preached (vain man) he drew abundance of tears from
people of all ranks, and even from them that were most of all hardened
against the enterprise, and brought men in crowds to take the cross ; and
that John, earl of Moreton (afterwards king) upbraided him for having
drained the country of men that were able to bear arms for the defence of
the king and people •. yet he tells us he preached in Latin and French
only, and spoke things rather than words, though he knew the English
tongue and was a native of Wales. This I suppose he thought spiritual

72 KING HENRY II/S CRUSADE. [A. D. 1188.

preaching, for he would seem to renounce all self-complacency in his
mighty performances, by saying the spirit bloweth where it listeth *.]

h One would think this great king must have been under the effects of
old age (though he was but sixty-two) when he engaged with so much
zeal in so fond an enterprise ; yet it is evident there was something of
discretion even in his dotage, if we compare his proceedings with those
of his successors, for he did not let the pope or his creatures finger the
money as they did.

Then he sent Hugh, bishop of Durham, to William, king
of the Scots, for collecting the tenths in his country ; upon
the hearing whereof, the king of Scotland meets them atf

and not suffering them to enter into his

country for collecting the tenths, he offered to give to his
lord, the king of England, five thousand marks for the tenths
aforesaid, and for the recovering of his castles ; but the king
of England would not comply. Yet Philip, king of France,
caused the tenths of the rents and moveables to be collected
in the same manner from his subjects, through all his
countries.

Yet King Henry after his submission to the pope's injunc
tions, upon the death of Becket, to go fight for three years
against the Saracens, and the patriarch Heraclius's offering
to him the Holy Land for his own dominion, upon condition
he could get it ; and after all these great preparations made
for this voyage this year, and four years before, and even in
the year 1181, did never take one step toward the Holy
Land; for he was prevented by a sudden unsuccessful war
with France, and the next year he died. His son, King
Richard the First, had a flaming zeal for this cause, and the
million and more of money which he is said (believe it who
will) to have squeezed from his father's treasurer, nay, half
of it, was at this time a sufficient fund for such an expedi
tion, in conj unction with France and other Christian states ;
especially when it is considered that a great part of those
that went with him did it at their own expense ; I mean, it
was sufficient to carry them thither. But perhaps all the

* [See Giraldus Cambrensis de re- Brigeham in Lcenas ; et non permit-
bus a se gestis, lib. ii. c. 18, in Whar- tens, &c. S. W. i. e. between Wark (in
ton, Angl. Sac., torn. ii. p. 490.] Northumberland) and Brigham (in

f [The Latin is, quo audito, Rex Berwickshire) in Lothian.]
Scotiae occurrit eis inter Were et

A.D. 1188.] KING HENRY II/S CRUSADE. 73

money in Europe was not sufficient to have maintained the
war there for a considerable tract of time, and then to bring
them home in case they were disappointed. But they went
with a full assurance of victory and success, and never ad
mitted such a supposition to enter into their breasts ; which
yet at last happened to be their case. The story is well
known: the king was forced to come home over land in
disguise, and was taken by the duke of Austria, and made
prisoner, and the whole English nation, though they earnestly
desired their king again, yet had been so exhausted by these
levies, that they were hard put to it to raise the tenth part of
what he is said to have had from his father's treasurer, to
pay his ransom.

A.D. MCXCV.

PREFACE. HUBERT WALTER'S LEGATINE CANONS
AT YORK.

BALDWIN, archbishop of Canterbury, dying in this expe
dition, in which he followed the king, Hubert Walter suc
ceeded him in the king's absence, and was, as his predecessor
had been, legate to the pope, and likewise had the king's
commission to act as chief justiciary (which was in effect
viceroy) of England. He was a man that was very magnifi
cent and generous in his expenses and public works, and had
an immoderate affectation of secular power and grandeur.
What follows seems a specimen of it.

The pope absolutely forbid him to continue to execute his
justiciary ship, as contrary to the canons ; he was forced to
comply, and did actually resign it. But in a few years after,
he took the chancellorship, as more consistent with his order,
since in that court no cause of blood can be tried, which yet
was below him, as archbishop of Canterbury.

It is strange how the archbishop of Canterbury could visit
the province of York at this time, if what Giraldus Cambren-
sis in the life of Geoffry, says be true ; viz., that this Geoffry
before his consecration, which was 1191, received a privilege
from the pope, by which his church and whole province
were exempt from the jurisdiction of any legate but what
was a cardinal, and sent a later e from Rome, the place of
his residence*. For if Hubert was a later e, yet the other
part of the character did not belong to him.

* [Giraldus Cambrensis de vita Galfridi Archiep. Ebor., lib. i. c. 12, in
Wharton, Angl. Sac., torn, ii. p. 387.]

A.D. MCXCV.

HUBERT WALTER'S LEGATINE CANONS AT YORK.

A COUNCIL celebrated at York for reforming the manners LATIN.
of that church, by Hubert, archbishop of Canterbury, legate sj^iman,
of the apostolical see, anno Dom. 1185, and in the seventh vo1- !i-
of King Richard the First, the said legate came to York on [wilkins,
the Lord's day, being the feast of the apostle S. Barnabas, V0g0j«, -.
and was received by the clergy in solemn procession, and
introduced into the church of the cathedral see. On Monday
he caused assizes de novel disseisin, and de mort d'ancestre
and of all the pleas of the crown to be holden by his officers ;
but he and his aofficials held pleas of b Christianity. On the
Tuesday he proceeded to the abbey of St. Mary's, York, and
there was received by the monks of the said church, in solemn
procession. Then he went into the monks' chapter-house, and
upon their complaint, that Robert their abbot, by reason of
his weakness and bodily infirmities, was capable of doing no
good to their house, he deposed him from his pastoral cure,
and administration of the house, who made great outcries,
and appealed to his lord the pope.

a Here we first meet with these canon-law judges. My reader will
observe that this was a singular kind of synod. I mean a legatine
diocesan. There was no bishop present, but the legate himself : yet by
the seventeenth canon it seems plainly intended that the constitutions
should oblige the whole province.

b The jurisdiction of prelates, together with all their privileges, often
passes under the name of Christianity, and the ecclesiastical court was
called the court Christian.

On the following Wednesday and Thursday, having as
sembled together in the church of St. Peter at York, Simon,
dean of the said church, and Hamo, precentor, and William

* ["Ex Rog. Hoved. in anno."]

76 HUBERT WALTER'S [A.D. 1195.

Testard, and Geoffry de Muschamp, archdeacons of Notting
ham and Cleveland, and John the chancellor, and Robert,
provost of Beverley, with some canons of the same church,
with almost all the abbots, priors, officials, deans, and par
sons of the churches of the diocese of York; the legate
himself sat in a chair aloft, and celebrated a most famous
council, in which he ordained the underwritten decrees to
be kept.

The decrees of the said council of York.

1. Whereas the salutary host hath a pre-eminence among
the other sacraments of the Church, therefore the devotion of
the priests ought to be more particularly employed upon it ;
that so it may be consecrated with humility, received with
awe, administered with reverence. And let the minister of
the altar be sure that bread and wine, and water, be fur
nished for the sacrifice : and let it not be celebrated without
a lettered minister : and let care be taken that the host be
reserved in a clean and decent pyx, and let it be renewed
every Lord's day.

2. As often as the communion is to be given to the infirm
let the priest in person carry the host in a clerical habit suit
able to so great a sacrament, with a light going before it,
unless the roughness of the weather, or the difficulty of the
way or some other obstacle do not admit of it.

3. Because the c secret part of the mass is frequently cor
rupted through the mistake of the writers, or the oldness of
the books, so that it cannot distinctly be read,, let the arch
deacons take great care that the canon of the mass be cor
rected according to some true and approved copy.

c That is, the canon. This third constitution is made up of part of the
second, [and] part of the third in Sir H. Spelman. By which means here
is one constitution in number more than in Sir H. Spelman *.

4. We forbid the priest, when a layman comes to him for

* [Wilkins begins the third consti- with whom he agrees in the numhers
tution as Johnson, but includes in it of the remaining constitutions as noted
the next two sentences, as Spelman, in the margin.]

A. D.I 195.] LEGATINE CANONS AT YORK. 77

penance, to enjoin him to cause masses to be celebrated dout
of a covetous design. We have also by decree forbid the
priest to emake a bargain for celebrating mass at a certain
price ; but that he take that only which is offered at the
mass.

d That the confessor, or some other priest, might be paid for saying of
those masses.

e Afterwards a certain sum was assigned for every mass said for any
particular person or persons.

5. We ordain, that no more than two or three ftake a [4. s. w.]
child out of the sacred font*; two men, and one woman a

male child ; two women, and one man a female child. And
when a child is found exposed, and it is not known that he
has been baptized, let him be baptized, whether he be found
with salt or without ; for that cannot be said to be iterated
which is not known to have been done before.

f This was formerly done by the sureties.

6. We have also decreed, that a deacon (unless in the [5. s. w.]
most urgent necessity) do not baptize, or give the body

of Christ, or enjoin penance at confession to any man,
as being what antiquity decrees to belong properly to the
sacerdotal order, according to the tenor of the canons of
the fathers. We add under the same head, that whenever
a priest is desired to baptize a child, or communicate an
infirm person, he presume not to make delays.

7. Whereas nothing unseemly ought to be in the house [6. s. w.]
of prayer, which is the house of God, we charge that parsons

and vicars do take diligent care, according to the gpensions
which belong to them, as reason directs, and approved cus
tom requires, that churches which want reparations be re
paired.

g It does not certainly appear whether these pensions are said to belong
to the churches, or to the rectors and vicars : it seems most probable that
the old canonical portion belonging to the fabric is here intended : rectors
could not properly be said to have a pension, for the whole endowment was
theirs : and if any thing was granted out of it, this was a pension.

* [See Legatine Canons at Cealchythe, A.D. 785. 2. vol. i. p. 267 f.]

78 HUBERT WALTER'S [A.D. 1195.

[7. s.w.] 8. And let ministrations be performed with ornaments
proper for them.

[8. s. w.] 9. Also let the sacrament of the Eucharist be consecrated
in a silver chalice, where there is a sufficiency for it*. We
have fixed a term for this ordinance; that is, ha year from
the beginning of our legateship : and if these things be not
executed in the meantime, we have decreed, that before the
expiration of that term, our disposal of the incomes of the
churches take full effect.

h Hubert Walter became archbishop in the year 1193, therefore near
two years had expired since the beginning of his primacy, yet one year
was not yet passed (by what is here said) from the beginning of his legate-
ship, therefore we may safely conclude that the archbishop of Canterbury
was not yet legatus natus, but had his legatine commission given him
some time after his advancement to the metropolitical see. Thus much is
I think clear from this constitution. But it must be owned that the con
sistency of it in other respects is not very clear.

[9. s. W.] 10. And we have ordained that clerks who have received
the crown from the bishop do preserve their crown and ton
sure ; and if out of contempt they do it not, let them be
compelled to it by deprivation of their benefices if they
have any. Let them who have no benefices be clipped
against their wills by the archdeacons or deans.

[io. S.W. ] 11. We ordain also that priests go not in copes with
sleeves, but in apparel suitable to their order, that as they
are superior to others in dignity, so they may give them a
more perfect scheme and pattern of decency.

[ii.s.w.] 12. Since the Scripture testifies that he is blessed who
withdraws his hand from accepting bribes, it is most care
fully to be provided that justice be done gratis, and that no
pay be taken for doing it, or laying it aside, or hastening, or
delaying it in ecclesiastical cases; that so the just judge
may reward a man according to his righteousness at the
proper time.

[12. s.w.] 13. Since tithes are tributes, which ought by the law of
God to be paid to needy souls, and to be paid without dimi
nution, we ordain that due and accustomed tithes be yielded
of such things as are yearly renewed in the most entire
manner ; so as they be in the first place paid to the church,

* [See vol. i. ^Elfric's Canons, A.D. 957. 22, p. 397 f.]

A.D. 1195.] LEGATINE CANONS AT YORK. 79

and afterwards the wages of the harvesters, and of other
servants, at the discretion of the payer, out of the nine
parts.

14. The profession of religious sanctity, requires that monk [13. S.W.]
canons regular, and nuns, make their conversation suitable

to their names * : that therefore all opportunity of wander
ing may be taken away, we forbid them to take to farm such
places as are called obediences f, nor take any long travels,
nor go out of their monasteries without some certain, reason
able cause, nor without such company [as is] of certain un
doubted honesty.

1 Latin, redditus; which commonly signifies rents, but at the foot of this
council the dean and chapter of York claim the donation of the archdeaconry
then in dispute, and of all redditus that are vacant in the church of York :
there then redditus certainly signifies places, or offices, with the estates, and
profits belonging to them. And it is well known that the offices of cham
berlain, sacrist, cellarer, &c., in the great religious houses had commonly
good estates belonging to them : the monks are here forbid to take these
estates to farm : and these offices in monasteries were commonly called
obediences.

15. We add with a special item, that nuns do not go out [14. S.W.]
of the verge of their monastery, but in the company of their
abbess or prioress.

16. And we forbid any layman to take a church or tithes [15.S.W.]
to farm, either by himself alone, or in partnership with a

clerk.

17. That the improbity of calumniators and the malice of [16. S.W.]
false swearers, may be restrained by the fear of judgment

from above, we charge that every priest do for the future
thrice in the year, solemnly with candles lighted, and bells
tinkling, excommunicate those who shall knowingly and wil
fully forswear themselves, and those who maliciously cause
others to forswear themselves in k recognitions, or other tes
timonies, and let him every Lord's day, denounce them ex
communicate, that he may reclaim them from their iniquity
by the frequent repetition of the curse, whom the accusation
of their own conscience does not deter. But if they repent

* [13. Exigit professio religiosse gulariter conserventur. S. W.]
sanctitatis, ut monachi, et canonici f [redditus quos obedientias vocant,
regulares, et moniales religiose et re- S. W.J

80 HUBERT WALTER'S [A.D. 1195.

of their perjury, let them be sent to the archbishop or bishop,
or the general confessor of the diocese, in the absence of the
archbishop or bishop, to receive penance from him. Penance
is only to be intimated, not enjoined them, if they are dying.
But they must be firmly charged that if they survive they
go to the archbishop or bishop, or in their absence to the
general confessor of the diocese, to receive penance.

k Verdicts given by jurymen most probably : for the use of juries began
in the foregoing reign ; and the reader will observe that these general
excommunications began in this age. Before, this excommunication
was passed on men unknown in order to discover them. Of this you have
a form in Wanley's catalogue, transcribed from a book in CCCC marked
S. 17, written by a Norman, but in the Saxon tongue. The form here fol
lows : " By authority of Almighty God, Father, Son, and Holy Ghost, and
St. Mary mother of our Lord, and St. Michael the archangel, and St.
Peter the prime apostle, and St. Nicolas, and the blessed Augustine, and all
Christ's saints, let the men be excommunicated and damned that com
mitted this theft, that consented to it, or shared in it, or that have, or
expect any part of it ; and let them be separated from entering into holy
Church1, and from the fraternity of God's elect. Moreover let them have
their portion and punishment with Judas our Lord's disciple2, and with
them that said to our Lord, Depart from us, we will not have the know
ledge of Thy way ; except they be converted, and betake themselves to
satisfaction. Let them be accursed eating, and drinking ; walking, and
sitting ; speaking, and holding their peace ; waking, and sleeping ; row
ing, and riding ; laughing, and weeping ; in house, and in field ; on water,
and on land, in all places. Cursed be their head, and their (pecgan,
forte throats) thoughts, their eyes, and their ears, their tongues, and
their lips, their teeth, and their throats3, their shoulders, and breasts,
their feet, and their legs, their thighs, and their inwards : let them
remain accursed from the bottom of the foot to the crown of the
head, unless they bethink themselves, and come to satisfaction. And just
as this candle is deprived of its present light : so let them be deprived
of their souls in hell. Let all the people say. So be it, be it so*."

18. Because according to the Word of the Lord, if the
priest offend he will cause the people to offend; and a
wicked priest is the ruin of the people ; therefore the emi
nence of their order requires that they abstain from public
drinking bouts and taverns : and let not those who are
under a vow of continence, give a loose to acts of unclean -
[17. S.W.] ness ; therefore we forbid them to have concubines in their
own houses, or access to such as they cast off, to evade our

* [Wanley's Catalogue in Hickes's assembly; 8belemeban, betrayer;
Thesaurus, vol. ii. p. 137 ; 'gela^unge, bollan, throat-pipe.]

A. D. 1195.] LEGATINE CANONS AT YORK. 81

constitution, in the houses of other men : if they persist in
their filthiness, and the l deans by connivance, do not notify
it to their prelates, let them be suspended from their office.
A.nd may those who, inflamed with zeal, do notify their
excesses to their prelates, obtain the divine benediction.
The punishment of those who publicly keep concubines shall
be infamy, and an incapacity to give information or testi
mony. If they repent not for fear of this punishment, let
them know that they are to be suspended from office and
benefice.

1 Probably deans rural.

19. Let him that is suspected of a crime upon common [is. s.w.]
fame, or probable signs and tokens, be familiarly admonished
once, twice, and thrice, by the dean of the place, to reform
himself; which if he do not, let the dean reprove him in con
junction with two or three more, with whom he hath lost his
reputation : if he cannot be reformed by these means, let
him tell the Church; that is, let him be reproved in the
chapter, that upon conviction or confession he may be canoni-
cally punished, or if he deny it and cannot be convicted, a
canonical purgation may be enjoined him ; so that [the com-
purgators] do not exceed the number twelve, and that more
or fewer be accepted according to the quality and circum
stances of the person and of the infamy, at the discretion of
the judge : and let the purgation be admitted of the very
first day in which the person defamed is ready to perform it,
that so no money be extorted by the fear of vexation to be
occasioned by delays. We have ordained these, and the
above- written particulars, with a m saving in all respects to
the honour and dignity of the holy Roman see.

m This archbishop proceeded with a singular deference to the see of
Rome. He adds such a saving to the end of every constitution in his
synod 1200. He was transported with the honour done him by the pope
in making him legate. But he ought to have known that he was not
the first archbishop of Canterbury that had holden a synod and visited in
the diocese of York *. It had formerly been done, though without a
pope's commission.

In this council Peter Dinant demanded full restitution to

* [Compare vol. i. p. 97. Bed. Hist. Eccl., lib. iv. c. 12.]

JOHNSON. Q

82 HUBERT WALTER'S [A. D. 1195.

be made to him of the archdeaconry of the West Ri[di]ng *,
which "Geoffrey the archbishop had given him, commanding
the chapter of York that they should receive and instal him :
to whom Simon the dean, with the chapter, answered, that
the archbishop could not give that archdeaconry to any man,
because he had delayed to give it beyond the time fixed in
the °Lateran council, where Pope Alexander III, ordained
that when prebends, churches, or any offices in a church are
vacant, they should not long hang in suspense, but be con
ferred within six months, on persons fit for the administra
tion thereof. If the bishop delayed to confer what belonged
to him, that the chapter should provide for it : that if the
election belonged to the chapter, and they made none in six
months, the bishop should do it with the advice of religious
men. If all neglected it, that the metropolitan of the bishop
should dispose of it, according to the Lord, maugre their con
tradiction. The said dean and chapter of York asserted
that by authority of this disposition, and by privilege granted
to the church of York by Pope Celestine III., the donation
of the said archdeaconry, and of all places vacant in the
church of York, which their archbishop had not conferred
within the term fixed by the Lateran council, belonged to
them. But the officials of the archbishop of York, Girard
de Rowell and Honorius, appealed against the said privilege,
and renewed the appeal which the lord archbishop had made
at his recess, for the security of his church, before the legate
and council. And though it was contained in the privi
lege, that appeals against it should be set aside, yet the
legate shewed a regard to the appeal of the archbishop of
York.

n This Geoffrey, the present archbishop of York, was the son of fair
Rosamond. Baldwin, the archbishop of Canterbury, claimed the consecra
tion of him when he was first nominated to the see by the king his
brother, but he could not obtain it : for Geoffrey went to Tours to be con
secrated. William Longchamp, bishop of Ely, and chief justiciary of
England, treated him very severely at Dover, in the absence of King
Richard, as he did many others. Pope Celestine cut the whole kingdom
of Scotland off from his province A.D. 1191 f, and made it subject imme-

* [Westriding, W.] rather be attributed to Clement III.,

t [It seems that this act should A.D. 1188. The same letter, Ad

A.D. 1195.] LEGATINE CANONS AT YORK. 83

diately to the see of Rome. And now the archbishop of Canterbury lords
it over him in the remaining part of his jurisdiction. No wonder that he
did not choose to be the eye-witness of it : but he was for the greatest
part of his time by force absent from his see by reason of the jealousies
between the king and him. Hubert Walter was dean of York when
Geoffrey was elected archbishop, and refused to pronounce his election ac
cording to his office, pretending that the election fell upon himself ; but
he was forced to content himself with the see of Sarum till the arch
bishopric of Canterbury became vacant. It is evident that the old rivalry
between Hubert and Geoffrey was one great occasion of the calamities
which attended the latter even to his grave.
0 Lat. council, 1179 *, under Alex. III. c. 8.

Wilielmum Regem Scotorum, on this the second place.]
subject, is given under the first year of * [Cone. Later. III. cap. 8; Con-
each pontiff. See Concilia, torn. xxii. cilia, torn. xxii. col. 222.]
col. 548 et 613, and Mansi's note on

A.D. MCC.

HUBERT WALTER'S CANONS AT WESTMINSTER.

LATIN. HUBERT (Walter) archbishop of Canterbury, held a agene-

Spelman, ra^ council at Westminster, notwithstanding the prohibition

vol. 11. of Geoffrey, son of Peter, earl of Essex, then chief justiciary

[Wiikins, of England, in which council the following canons were

vol. i. rnnrlp

p. 505*.]

* That is, national.

1. Whereas an error in divine offices endangers both the
souls and bodies of men, it is wholesomely provided by this
council, that the words of the b canon be roundly and dis
tinctly pronounced by every priest in celebrating [mass ;]
not curtailed by an hasty, or drawn out into an immoderate
length by an affectedly slow pronunciationf. In like manner
that the hours and all the offices be rehearsed plainly and
distinctly without clipping or mangling the words : the of
fenders after these admonitions are to be suspended till they
make just satisfaction. Saving in all things the honour and
privilege of the holy Church of Rome.

b The canon, or secret part of the mass is from the end of trisagium to
the end of the consecration.

2. A priest may not celebrate twice a day, unless the
necessity be urgent. When he does, let nothing be poured
into the chalice after the receiving of the blood at the first
celebration; but let the least drops be diligently supped
out of the chalice, and the fingers sucked or licked with
the tongue, and washed, and the washings ckept in a clean

* ["Ex Rog. Hoved. in aim."] propter insurgentes cogitationes ; qa.se,
f [The next sentence in the Latin ut muscse morientes, perdunt suavi-

is, Non est enim ibi diu immorandum tatem unguenti. S. W.]

A.D. 1200.] HUBERT WALTERS CANONS AT WESTMINSTER. 85

vessel to be had for this purpose ; which washings are to be
drunk after the second celebration ; except a deacon or some
other Considerable1 minister be present to drink the wash- ['hones-
ings at the first celebration. Farther, let the Eucharist be tus'^
reserved in a clean decent pyx, and so carried to the [d vide
supra] sick with a clean cloth laid over it, and a candle and
cross before it, unless the sick man dwell at too great a
distance. Let the host be renewed every Lord's day. And
let there be a certain distinction between the consecrated
and unconsecrated hosts, that the one be not taken for the
other. Farther, let ethe Eucharist be given in private to no
impenitent person : but it is to be given in public to every
one that earnestly repents ; so that his crime be not notori
ous*. Saving, &c.

The priest was not now to drink the washings as in other masses ;
because this would have broken his fast, and unqualified him to say
mass a second time.

d It was presumed that some particles of the sacramental blood re
mained in the washings, and that therefore none was fit to drink them
without a particular preparation ; but some deacon or priest : yet the
constitutions of Richard, bishop of Sarum, allow any innocent person to
drink them. Sir H. Spelman, p. 148 f.

8 This is an obscure place and evidently corrupted ; so is the parallel
constitution of Richard, bishop of Durham, Sir H. Spelman, p. 173. I
translate from the more just reading of Richard, bishop of Sarum, ibid.,
p. 148, misprinted for 150 J.

3. If there be any doubt whether one have been baptized,
or confirmed, we charge according to the holy canons, that
the sacrament of which there is a doubt, be conferred. Let

* [His adjiciendum decrevimus, ut charistiae detur secreto impcenitenti,

secreto non detur communio exicha- cum publice et instanter pceriitenti

ristise petenti, sed publice et instanter danda sit; duminodo occultum fuerit

petenti danda est, nisi publicum sit ejus delictum. Const. Ric. Ep. Sarum.

ejus delictum. Wilkins, vol. i. p. 505 ; " Ex vet. cod. MS. in bibl. Collegii

cf. Cone. Dunelm. Wilkins, vol. i. p. Corpus Christi Oxon." Spelman, vol.

579"-l T ii. p. 148. Wilkins omits this and

t [Nisi forte in prima celebratione much more of the constitutions of

assit diaconus, vel alius minister ho- Richard, bishop of Sarum, as being

nestus, vel innocens aliquis qui lotu- almost word for word the same as the

ram illam sumere possit absque con- constitutions of Richard, bishop of

scientise laesione. Spelman, vol. ii. p. Durham, which he gives vol. ii p. 572

148. Cf. Wilkins, Cone. Dunelm., vol. —583, under the title " Concilium

i. p. 579. Cone. Prov. Scot, c. 59 ; Dunelmense," ex MS. Dunelm. eccle-

-TYP*V61~ ] , siae' B- iv- 4L Cf- Wilkins, vol. i. p.

I [Ne Euchanstia detur secretius. 599. See note *.]
Prohibemus etiam ne communio eu-

86

[A. D. 1200.

foundlings be baptized, whether laid with salt or without.
Let none be held at confirmation by father or mother, or
by father or mother-in-law. A deacon may not baptize, or
give penance, but when the priest cannot, or will not, and
yet death threatens the child or the sick man. If a layman
baptize a child in case of necessity (and feven a father, or
mother may do it without impeachment of matrimony) let
all that follows after the immersion be performed by the
priest*. Saving, &c.

f Some old canons have dissolved matrimony on account of the father's
or mother's baptizing one of their children : for it was pretended, that by
the father's baptizing the child a spiritual relation was contracted, which
made any future conjunction with his own wife incestuous.

4. In administering penance we charge that priests, ac
cording to the canons, diligently consider the circumstances,
the condition of the party, and of the sin ; as also the time,
place, and occasion; together with the backwardness or
devotion of the penitent f. Let penance be so enjoined to
the wife, that her husband may not suspect her of any
heinous crime ; and let the same be observed in relation to
the husband. Let no priest presume to celebrate after a
lapse, till he has confessed. And to cure the covetousness
of priests let them not enjoin masses by way of penance, ex
cept to such as are themselves priests. Saving, &c.

5. We, following the decrees of the sLateran council,
which are the most famous of any that have been ordained
by the modern fathers, 'do forbid archbishops to exceed the
number h of forty or fifty men and horses, bishops the number
of twenty or thirty in visiting parishes : let the archdeacon
be content with five or seven, the deans under the bishops
with twoj. And let them not make their progress with

* [sequentia immersionem non prae- quantitatem delicti, tempus, locum,

cedentia per sacerdotem expleantur. causam, moram in peccato factam ;

S. W.] devotionem animi pcenitentis, W.j

t [IV. De pcenitentia. Cum pceni- ' J [deeernimus, ut archiepiscopus

tentiae, quae est secunda tabula post parochias visitans, quadragesimum vel

naufragium, tanta major adhibenda sit quinquagesimum evectionis numerum,

circumspectio, quanto magis est neces- episcopus vicesimum vel tricesimum

saria post lapsum reparatio ; nos sa- nequaquam excedant ; archidiaconus

crorum canonum statuta sequentes, vero quinque aut septem ; decani con-

praecipimus, ut sacerdotes in preni- stituti sub episcopis, duobus equis con-

tentia diligenter attendant circumstan- tenti existant. W.]
tias ; qualitatem scilicet personae, et

A. D. 1200.] CANONS AT WESTMINSTER. 87

hunting dogs or hawks ; but like such as seek not their own,
but the things of Christ. We forbid bishops to lay taxes on
their subjects, but only to demand moderate aids of them
when necessity requires them*. Let archdeacons and their
deans presume to exact nothing of their priests or clerks.
'The abovesaid number of horses and men is tolerated in
relation to rich places, in poor places moderation is to be
observed : and they who formerly used a less number, are
not to think their power greatly enlarged by this indulgence t-
The design of visitation is to see to what concerns the cure
of souls, and that every church have a silver chalice, a suffi
ciency of decent vestments for the priest, necessary books,
and utensils, and whatever is necessary for the honour and
dignity of the sacrament. For the cure of covetousness and
negligence, by the authority of the council of Toledo, we
charge that no visitor demand any procuration or money in
lieu of it, of a church, where he hath not duly performed the
office of visitation. Saving, &c.

s The later council under Pope Alexander III. is here meant, which
was holden 1179 I. We have this constitution in Decretal, lib. iii. tit. 39,
c. 6.

h A blessed reformation.

6. According to the !Lateran council, if any bishop or
dain a priest or deacon without a title, let him maintain him
till he can make a clerical provision for him in some church,
except he be able to live of his own, or have a patrimony :
and if the archdeacon without the special command of the
bishop present a man to be ordained a subdeacon, and he be
accordingly ordained without a title, let him be liable to the
same penalty. Saving, &c.

1 The Lateran council 1179, c. 5 §, is here meant.

* [Johnson omits, Cum enim dicit ecclesiastics facultates. In pauperi-
apostolus, " Non debent filii thesauri- bus autem locis tantam volumus teneri
zare parentibus, sed parentes filiis;" mensuram, ut ex accessu majorum mi
ni ul to longe a paterna pietate videtur, nores non deheant gravari, ne sub tali
si prsepositi subditis suis graves exis- indulgentia illi, qui paucioribus equis
tant, quos in cunctis necessitatibus uti solebant hactenus, plurimam tibi
pastoris more debent fovere. S. W.] credant potestatem indultam. W.j

'f [sane quod de supradicto numero J [Cone. Later. III. cap. 12 ; Con-

evectionis secundum tolerantiam die- cilia, torn. xxii. col. 225.]

turn est, in illis locis poterit observari § [Cone. Later. III. c. 5; ibid., col.

in quibus arnpliores sxmt reditus et 220.] '"

88

[A.D. 1200.

7. Following the decrees of the kLateran council, we
charge 'that neither prelates excommunicate their subjects
without canonical warning first given them*, (except their
crime be such as brings them under a l general excommuni
cation,) nor subjects contrary to ecclesiastical discipline, talk
loudly of appealing before their cause be heard. 'If any one
think it necessary to appeal, let a time be fixed for his prose
cution of it ; and if within that time he against whom the
appeal is made do appear, but the appellor appears not, let
him make competent satisfaction, if he has wherewithal f.
Our will is that this be especially observed by monks and
the religious, that they presume not to appeal against the
regular discipline of their prelate and chapter, when they are
to be corrected for any excess, but humbly and devoutly
submit to what is enjoined them. Farther, let a [lvide
supra] general excommunication be yearly denounced against
sorcerers, 'such as are forsworn on the m sacraments J, incen
diaries, violent ravishers ; so that they who by their perjury
have damaged others, be not absolved, nor receive penance
from any but the bishop, or one authorized by him, except
at the point of death, and then let them be enjoined to go to
the bishop, or one authorized by him in order to receive
penance in case of recovery. Saving, &c.

k The Lat. council 1215, c. 47 §, is here meant.

1 These general excommunications were one of the many great innova
tions of this age. The primitive Church excommunicated men for open
known crimes only ; but these extended to the most secret hidden actions.
By this way of proceeding men were made to believe that they were
actually excommunicated by a sentence past before the crime was com
mitted ; thus by the ninth canon of this council he that withdrew his
tithes in harvest was excommunicated by a general sentence passed before
harvest. From hence sprung the notion of an excommunication ipso

'* [ut nee praelati, nisi canonica erit, veniente, qui appellaverit, venire

commonitione praemissa, suspensions neglexerit, si proprium quid habuerit

vel excommunicationis sententiam pro- competentem illi recompensationem fa-

ferant in subjectos, W.] ciat expensarum ; ut hoc saltern timore

'f [Si vero quisquam pro sua neces- perterritus, in gravamen alterius non

sitate crediderit appellandum, compe- facile quis appellet. W.]
tens ei ad prosequendam appellationem 'J [perjuri supra sacramenta, W.

terminus praefigatur, infra quern si Wilkins gives Johnson's emendation

prosequi forte neglexerit, libere tune in a note.]

episcopus auctoritate sua utatur. Si § [Cone. Lat. IV. (Innocent III.),

autem in quocunque negotio aliquis cap. 47; Concilia, torn. xxii. col.

appellaverit, et eo, qui appellatus fu- 1032.]

A. D. 1200.] CANONS AT WESTMINSTER. 89

facto , which, was unknown to former ages. For the ancient Christians
thought none excommunicated but such as were actually separated from
the communion of the faithful. Whereas upon the new scheme a man
might be ipso facto excommunicate, and yet live and die in the perception
of the sacraments. For these general excommunications affected chiefly
those who had tender consciences and who were therefore their own
accusers.

m Supra Sacro-sancta Evangelia in the parallel canon of Richard, bishop
of Sarum. Sir H. Spelman, vol. ii. p. 146.

8. According to the "Lateran council, we forbid any thing
to be demanded for inducting or instituting priests, or other
clerks, for burying the dead, or giving the nuptial benedic
tion, for chrism, or any of the sacraments. Let the offender
have his portion with Gehazi. Let nothing be exacted for
licences to priests to perform divine offices, or for licences to
schoolmasters. If it have been paid, let it be restored. Let
not churches be charged with new pensions by bishops,
abbots, or other prelates, nor let the old ones be increased :
nor let them presume to apply any part of the fruits to their
own use*; and let all that is done to the contrary be null.
Let no ecclesiastical benefices or ministries, or churches be
given, or promised till they are vacant ; that so no man
may wish the death of another, a thing condemned even by
heathens. Saving, &c.

n The Lat. council, 1215, c. 7f.

9. Whereas the authority of the Old and New Testa
ment, and the constitutions of the holy fathers, declare
that tithes are to be paid of all things yearly renew
ing, we decree that they be accordingly paid in full, without
any abatement for the wages of servants or harvesters. Let
priests have power of excommunicating all withdrawers of
tithes, before harvest, and of absolving them according to
the ecclesiastical form. What we add to this sanction is,
that the tithes of all ° lands newly cultivated, be paid to no
other but the parish churches within whose bounds the lands
so cultivated lie. Let detainers of tithes be anathematized
according to the constitution of the council of Rouen t, if

* [Johnson omits, sed libertatem, f [Cone. Lat. IV. (Innocent. III.),

quam majores sibi conservari deside- cap. 66 ; Concilia, torn. xxii. col. 1054.]

rant, minoribus quoque suis bona vo- | [Cone. Rotom. A.D. 1189. can.

luntate conservent. S. W.] 23; ibid., col. 585. J

90 HUBERT WALTER'S [A. D. 1200

upon a third admonition they do not make full satisfaction.
Saving, &c.

0 By this it appears that an opinion prevailed among the English at
this time, that the tithe of ground which had never been manured before
might be given to any ecclesiastical person or body at discretion ; and by
this we may give a fair account of the occasion that Innocent the Third
had to publish his bull against those who assumed to themselves this
power of paying their tithes to whom they would, and that therefore the
common lawyers who assert that all were at liberty before this time, is a
mere fanciful and groundless notion. It is observable that the pope's
letter mentions none that used this liberty but only some in the dio
cese of Canterbury. And it is well known that in this age the weald
of Kent (most of which is in that diocese) was in a state of improvement ;
the woods were grubbing up, and the plain lands, and the number of in
habitants increasing ; and at the same time the sea was continually
making recesses on the southern and north-eastern coast, by which means
great quantities of land became newly cultivated, and gave occasion to
this practice, against which this provision was made.

10. We ordain that in churches not worth above three
marks a year none be instituted but he who will serve in
person. And in honour to the pLateran council we decree
that men in holy orders keeping filthy women in their
houses, do either discard them and live chastely, or be de
prived of their office and benefice : and farther, that clerks
go not to taverns or drinking bouts, for from thence come
quarrels, and then laymen beat clergymen, and qfall under
the canon. And it is not fit that clergymen, who by their
own fault were the occasion of the offence, should escape
unpunished when the cause comes before the pope. Let all
clergymen use the canonical tonsure and the clerical habit.
But let archdeacons and dignified r priests use copes with
sleeves*. Saving, &c.

p Lat. council, 1179, c. 11 f.

q The most common case by which men fell under the canon, that is,
were to be excommunicated ipso facto, was for laying violent hands on
clergymen. There are about sixty heads in the thirty-ninth title of the
fifth decretal concerning excommunication. Above half of these heads

_* [Archidiaconi autem et alii in dig- f [Cone. Later. III. c. 11; Con-

nitatibus constituti, et presbyteri cappis cilia, torn. xxii. col. 224.]
manicatis utantur. S. W.]

A. D. 1200.] CANONS AT WESTMINSTER. 91

relate to this case of striking clerks : yet there are no authorities there
cited, that are thirty years before this council of Hubert Walter. The first
severe constitutions made on this head do not exceed the time of Inno
cent the Second, who sat in the chair of Rome when Alberic came hither
as legate from him. He in his tenth canon * threatens them with anathema
that strike ecclesiastical persons. But excommunication ipso facto was a
later invention.

r The Latin says dignitarii et presbyteri, but I delete et, for sleeved
copes were never alloAved any but dignified clergymen.

11. Let not a man contract with a relation of his former
wife, nor a woman with a relation of her former husband ;
nor a godson with a daughter of the baptizer, or of the god
father, whether born before or after. Let no marriage be
contracted without banns thrice published in the church,
nor between persons unknown. Let none be joined in
marriage but publicly in the face of the Church, otherwise
let it not be allowed of, except by the special authority of
the bishop f. Let no married persons take a long journey,
without the mutual consent of both made publicly known.
Saving, &c.

12. Let such as are publicly defamed or suspected but
cannot be convicted, be thrice admonished to confess, and
make satisfaction. If they persist in denying the crime, let
a purgation be enjoined them : let it not be deferred from
time to time for the sake of money, but be dispatched the
first day they have their s canonical number (which must
not be exceeded) in a readiness. Saving, &c.

' Twelve in greater crimes, six in lesser.

13. Supported by the 'Lateran council, we decree, that
wherever there are so many lepers together as can build a
church with a churchyard, and have a proper priest, they be
allowed to do it ; but so, that they do no injury to old
churches. And we ordain, that they be not compelled to
pay tithes of their gardens, or for the feed of their cattle.
Saving, &c.

* [Innoc. III. in Concilio Claro- ecclesise, et prsesente sacerdote : et si

montano, A.D. 1130. can. 10; Con- secus factum fuerit, non admittantur

cilia, torn. xxi. col. 439.] alicubi in ecclesia, nisi speciali aucto-

f [Sed nee copulentur aliquae per- ritate episcopi. W.]
sonae matrhnonio, nisi publice in facie

92 HUBERT WALTER'S [A. D. 1200.

* Lat. council, 1179. c. 23 *.

14. We decree, according to the tenor of the Lateran
council, that no brothers templars, hospitallers, nor any
religious whatsoever, do receive "tithes, churches, or any
ecclesiastical benefices from a lay hand, without the autho
rity of the bishop, and that they relinquish what they have
of late so taken. x And we ordain, that such of them as are
under excommunication or interdict by name be avoided by
all. Let them present priests to bishops for the ? churches
which they hold not by an absolute right, who shall be z
answerable to the bishops for their care of the people, and
accountable to the religious for the temporals. Let them
not presume to remove such as are already instituted with
out the advice of the bishops. If any templars or hospitallers
come to one of their churches that is under interdict, let
them be admitted to the ecclesiastical offices but once a
year, nor even then let the bodies of such be buried as died
under interdict. As to such of their fraternities as keep
themselves close to their properties, and never come to their
brethren, let them not therefore be exempted from the sen
tence of the bishop, any more than the rest of the pa
rishioners. 'And we charge that this be observed in relation
to all other the religious f. Let the churches in which such
attempts are made be interdicted ; and all that is done be
null aby authority of the said council.

u Lay-patrons before this council of Lateran presumed to appropriate
churches, and all or part of the tithes, to any religious bodies, of their own
heads, without asking leave of the bishop or any one else. The canon of
Lateran and this of Hubert were intended to put a stop to this evil : and
they did it effectually. From this time forward bishops were always
parties to such impropriations as were (too often) made, and clergymen
were instituted in their benefices by them.

x It is evident by what follows that there was a clause here inserted
whereby divers of the religious, especially of the templars and hospitallers,
were laid under excommunication : but it is dropped by the transcribers.
The Lat. council here meant is that in 1179, c. 9 J.

* [Cone. Later. III. cap. 23 ; Con- eorum sententias et tenorem privile-
ciha, torn. xxii. col. 230.] giorum suorum venire prasumunt,

f [Quod autem de pvaedictis fratri- praecipimus observari. W.]
bus dictum est ab aliis quoque religio- J [Cone. Later. III. (Alex. III.),

sis, qui praesumptione sua episcoporum cap. 9; Concilia, torn. xxii. col. 222,

jura prasripiunt, et contra canonicas seq.]

A. D. 1200.] CANONS AT WESTMINSTER. 93

y That is, such as were not given them with consent of the pope, nor
exempted from the bishop's jurisdiction by papal authority.
z These are the words of the Lat. council, c. 9 *.

* In all other cases these privileged churches were exempt from the
authority of bishops and metropolitan ; but in order to root out lay-dona
tions, this council of Lateran subjects them as to this particular to the
diocesan.

'Let not monks be received into monasteries for money,
nor have any property, nor wander up and down in towns or
villages, nor be placed singly in parish churches, but remain
in their convents, or with some of their brethren. If any
have paid what was exacted for his admission, let him be in
capable of canonical orders, and let him that received it be
deprived of his office f. If any have a property except by the
allowance of the abbot for the better discharge of some office,
let him be removed from the communion of the altar : and he
who upon his death is discovered to have had a property, let
not the oblation be made for him, nor his corpse be buried
among those of his brethren. We charge that this be ob
served by all the religious, and the abbot or whoever is guilty
of a neglect is to incur the loss of his office. Let b prior-
ships and obediences be given to none for money : else let
both the giver and receiver be deprived. Let not priors
once appointed be removed, except for dilapidation, inconti
nence, or some manifest cause ; or because there is a neces
sity of translating them to some greater office. Let not
black monks or canons or nuns use coloured copes, but black
only; nor any facings but black or white, made of the skins
of lambs, cats, or foxes. Let none of the religious wear
ccaps, nor go out of their cloisters on pretence of pilgrimage.
And we decree that in every church impropriated by any of
the religious, a vicar be instituted by the care of the bishop,
who is to receive a decent competency out of the goods of
that church.

* [Ibid.] lares homines spiritualium hostium
f [Monachi etiam sub pretio non afflictum expectent, Salamoni dicente,

recipiantur in monasterio, nee pecu- "Vae soli, quia si ceciderit non ha-

lium habere permittantur, nee singuli bebit sublevantem." Si quis autem

per villas et oppida, sive quascunque exactus pro sua receptione aliquid de-

parochiales ponantur ecclesias ; sed in derit ad canonicos ordines non accedat ;

major! conventu, aut cum aliquibus is autem, qui accepit, officii sui priva-

fratribus maneant ; nee soli inter secu- tione multetur. W.]

94 HUBERT WALTER'S CANONS AT WESTMINSTER. [A.D. 1200.

b In monasteries that had an abbot the priors were next to the abbots ;
in lesser monasteries the chief governor was the prior.

c The copes then used by the religious had hoods fastened to them, or
all of a piece with them, therefore they had no occasion for caps ; and I
conceive it probable, that the copes of secular priests were in this respect
of the same make with those of the monks.

A.D. MCCI.

* ABBOT OF FLAT'S SABBATARIAN INJUNCTIONS.

THE pious frauds of Eustace, abbot of Flay, to terrify men Sir H.
into a cessation from labour from three o'clock on the Satur- ^e1^
day till sun-rising on Monday must not be wholly omitted, p- 128.
He shewed a letter written from Christ, and found on the ^1!°
altar of St. Simeon at Golgotha, containing severe objur- P- 51°-
gations against Christians for their negligence in observing den, in °
the Lord's day and feasts of the Church. Geoffrey, arch- anu>]
bishop of York, countenanced him in his proceedings. He
gave absolution, and enjoined penance to those who con
fessed their guilt in this respect. He enjoined his penitents
to give a farthing out of every five shillings of their personal
estate for buying lights for the Church, and for burying the
poor ; had a box placed in every parish church for collecting
of it, and an alms-dish for the table of the richer sort, in
which a share of victuals was to be put for the poor neigh
bours; and he forbad buying or selling, and pleadings in
churches and church porches. But it seems they who in
obedience to Eustace undertook to interrupt men in trans
acting their business on the Lord's day were called to ac
count for it by the civil power. But it is said that God
shewed His judgments against these profaners; a woman
weaving after three o'clock on Saturday afternoon was struck
with the dead palsy. A man that made a cake at the same
time, when he came to eat it on the Lord's day morning,
blood flowed from it. Corn grinded by a miller was turned
into blood, and the wheel of the mill stood immoveable
against the force of the waters. A woman put her paste
into the heated oven at this time, and when she thought it

96 ABBOT OF FLAY'S INJUNCTIONS. [A. D. 1201.

baked found it paste still. Another woman by the advice
of her husband kept her paste till Monday morning wrapped
up in a linen cloth, and then found it ready baked. I wish
no protestants had vended the like tales. All this made no
impression either upon the secular or ecclesiastical governors,
excepting Archbishop Geoffrey.

A.D. MCCXXIL

PREFACE. ARCHBISHOP LANGTON'S CONSTITUTIONS.

As Hubert Walter was a very haughty and imperious pri
mate, so was his successor Stephen Langton ; but with this
difference, that the former was obsequious to the pope ; this
latter, on the contrary, could no more humble himself to the
old gentleman at Home, than to his prince at home. King
John was very roughly handled by both these bishops. But
this latter not only opposed the pope's legate in his exorbi
tant grants of benefices here in England, but the king and
the pope himself, in being the principal of those peers who
declared against the validity of King John's resignation of
his crown and kingdom to the see of Rome. And this is the
more to be admired, when it is considered that this Stephen
was wholly the pope's creature, advanced to the chair of
Canterbury by his sole authority, in opposition to the proper
electors, the monks of Canterbury, the main body of the
bishops of the province, who claimed a concurrent power
with the monks in the election of their primate, and of the
king himself, without whose consent no prelate could legally
be chosen. The monks had clandestinely, without the
knowledge either of the bishops or the king, made choice of
Reginald their sub-prior, and secretly despatched him away
towards Rome, to procure the pope's confirmation ; but the
design was soon discovered by Reginald himself. The king
having many of the bishops with him, next Christmas sends
for the principal of the monks, and by consent of all parties,
John Grey, bishop of Norwich, the king's favourite, was voted
to the see of Canterbury, and twelve of the monks sent to
solicit his cause with the pope ; but in contradiction to both
these elections the pope nominates and consecrates Stephen
Langton, and lays the king and kingdom under an interdict

JOHNSON.

PREFACE.

for not receiving him as their primate, and thus for above six
years' time the nation was deprived of all public offices of re
ligion, till at last King John, broken and dispirited by oppo
sition from the pope and foreign princes from abroad, and
from his barons, and many of his clergy and people at home,
submits to the pope's election of Stephen; and yet could not
procure a relaxation of the interdict till he had paid forty
thousand marks by way of satisfaction to the Church, for the
reprisals which he had made on the prelates and religious
houses who favoured the cause of the pope and Stephen his
archbishop ; and had also granted a charter to the archbishop
of Canterbury, the bishops of London, Ely, Hereford, Bath,
and Lincoln, who had been the chief sufferers by the de
predations made by the king during the interdict, that all
elections should be free for the future : only the king's con
sent must be asked, which he promises never to deny without
reasonable cause. Sir H. Spelman, vol. ii. p. 135*.

This archbishop was not in a condition to call synods for
many years after his advancement, though affairs both of the
Church and State were too much embarrassed. I am sensible
that there are three constitutions in Sir H. Spelman, vol. ii.
p. 133, and four in the Appendix to Lyndwood and Athone,
published at Oxford A.D. 1679, which are attributed to this
archbishop t, and said by Sir H. Spelman to be made A.D.
1206; whereas it is evident that Stephen Langton was not
then archbishop, for the bull by which the pope sets aside
the privilege of the bishops of the province in the election of
a primate, bears date December, the ninth year of that pope,
that is, Innocent the Third, who was not promoted to the
pontificate till January the eighth, 1198, and therefore this
bull could not be issued till December 1207, and yet it is
evident that the annulling of the suffragans' votes in the
election of an archbishop was only a previous step to the
establishing Stephen in the see of Canterbury : therefore it
is impossible, for this and some other reasons, that the con
stitutions before mentioned should have been made under
the presidency of Stephen Langton : (it will hereafter appear
that they were indeed made in the time of Simon Laiigham).

* [Wilkins, vol. i. p. 544.] p. 9, and below, Archbishop Langham's

f [See Lyndwood Provinciale, app. Constitutions, A.D. 1367.]

PREFACE. 99

But when matters were somewhat better composed, viz. in
the eighth year of King Henry the Third, this archbishop
called a council at Oxford, where the following constitutions
were made.

N.B. These are the first constitutions that are inserted
into Lyndwood's Provincials, and L. in my notes always
stands for Lyndwood*.

* [In this edition Lyndwood is and App., or Lynd. app., the appendix

printed in full throughout Johnson's to the Oxford edition, containing the

text, and in the editor's notes Lynd. constitutions in chronological order.]
means the Provinciale of Lyndwood,

ii 2

LATIN.

[Lynd., p.
345 ; App.
pi.
Sir H.
Spelman,
vol. ii.
p. 181.
Wilkins,
vol. i.
p. 585*.]

A.D. MCCXXII.

ARCHBISHOP LANGTON'S CONSTITUTIONS.

1 . BY authority of God the Father, the Blessed Virgin, and
all the Saints, and of this present council, we a excommuni
cate all those who maliciously deprive churches of their
rights, or unrighteously endeavour to infringe, or disturb
their liberties; '[bas also all those who seize ecclesiastical
benefices in the province of Canterbury without the authority
of the diocesan, with their abettors ; and all that violate se
questrations of vacant churches, or any other sequestrations
laid by the bishop ; and the clerks who are guilty in this re
spect are liable to other punishments provided by synod.]
All that violate sanctuaries, or take goods or men from
thence ; all that seize on the goods of clergymen, or of their
tenants (and especially of such as dwell on the bishops' lands)
unjustly, or do any ways molest their persons; and also all
thieves, robbers, freebooters, incendiaries, sacrilegious and
falsarious persons, with their principals, receivers, defend
ers, accomplices, and partakers : those especially who keep
robbers on their lands, in their castles, or houses, or are
sharers with them, or lords over themt: and all that in
juriously disturb the peace of the king, or endeavour to with
hold the rights of our sovereign lord or of his realm.

* These general sentences of excommunication thrown at random had
some effects, else probably they would never have been so long practised,

* ["Concilium Oxoniense ex MS.
Cotton Otho A. XV." Wilkins adds
in a note, " Concilium hoc pro ecclesia
Anglicana reformanda Oxonii celebra-
tum a domino Stephano, Cantuariensi
archiepiscopo, A.D. 1222, anno regni
regis Henrici, filii regis Johannis VII.
tempore Honorii papae III. Collatum
cum MS. Bibl. Lambeth, n. 17. cum
MS. Eliensi, n. 235. et cum MS.
Hatton. 24. in Bibl. Bodleiana. Pri-

mum codicem litera A. secundum li-
tera B. et tertium litera C. designa-
mus." The same letters are used in
the editor's notes on these constitutions
to indicate the sources of the various
readings quoted from the notes of Wil
kins, but the readings of his text are
as usual followed by W.]

f [Omitted in Wilkins as well as in
Spelman.]

A. D. 1222.] LA NGTON's CONSTITUTIONS. 101

nor would princes have desired that the enemies to them or their govern
ment should be included in them. Yet I cannot think that they are to
be approved, as being without precedent in the first and purest ages.
Then indeed heretics and schismatics in general were laid under sen
tence of excommunication, or anathema : but then the condemned per
sons were clearly known by their absenting from church, and frequenting
other assemblies, or none at all ; whereas many criminals by these new-
fashioned excommunications were intended to be laid under this sentence,
who must be unknown both to priests and people, and who did therefore,
notwithstanding this sentence, continue in actual communion both within
the church doors and without. Excommunication is a public sentence
against persons certain, and for crimes either confessed or proved against
them, which cannot be said of these sentences. And indeed few or none
of the ends of excommunication were served by this method of proceeding
(which see Unbloody Sacrifice, part ii. page 213*.) It might perhaps make
impression upon some meek tender-hearted sinners, but none at all upon
the hardened, for the humiliation of whom excommunication was chiefly
intended.

[It was always a rule among good divines and canonists, that excommu- [Addenda.]
nication should pass against none but such as were obstinate, as well as
criminous. But by this new method men were excommunicated for com
mitting the forbidden act, however penitent they were, and disposed to
submit to discipline. It is true, they were not liable to be taken up by a
capias till sentence had formally been denounced against them in parti
cular ; but all the spiritual effects of excommunication were supposed to
fall on them as soon as the forbidden action was perpetrated.]

b The sentences enclosed in these crotchets [ ] are only in the Ap
pendix to Lyndwood and Athone in the Oxford edition, not in Sir H.
Spelman's edition, nor in Ly rid wood's text.

We excommunicate all those who knowingly bear false
witness, or procure others to do it, or who c produce such
witness in a cause against a marriage, or for the disinherit
ing any man; as also advocates who maliciously raise objec
tions against the consummation of a marriage, or procure
them to be raised ; or that the process may be delayed con
trary to justice.

c This is meant of proctors, who produce witnesses in form of law.

We excommunicate all who for lucre, favour, ill-will or
any other cause maliciously charge with crimes such men as
have preserved their reputation with the good and grave, that
they may give them the trouble of a purgation, or otherwise

* [vol. ii. p. 245. ed. Oxford, 1847.]

102 LANGTON'S CONSTITUTIONS. [A.D. 1222.

aggrieve them ; and all those who upon the vacancy of a
church maliciously d oppose, or cause to be opposed, the in
quest concerning the right of patronage, in order to defeat
the true patron of the e collation, for that turn at least ; and
those who for favour, lucre, ill will, or other cause refuse to
execute the mandates of the king against such excommuni-
catesf as despise the keys of the Church ; ['and all that are
guilty of wilful fraud in paying due and accustomed tithes to
their own parish churches, that is, of the fruits of the earth,
and of trees, of hay, wherever it grew, of pannage of swine,
garden herbs, bees, food of animals and their young, wool,
milk, cheeses however made, and all things yearly renewing,
fishings, huntings, mills, trade, handicraft, and other honest
labours ; and of all things due by law or custom ; and all
that aggrieve the religious, clerks, or beneficed men, or their
tenants on the lands of the Church with tributes, or taxes for
making walls, or dikes for carriages, or other undue exactions.
Let this general excommunication be published by every
parish priest in his holy vestments, with bells tolling and
candles lighted before the whole congregation in the mother
tongue on Christmas, Easter, Pentecost, and Allhallows-
day*.]

d The practice in this age was upon the death of the incumbent to have
a jury consisting half of the clergy, half of the laity, the bishop or his
vicar, or the archdeacon presiding as judge, in which the right of patron
age, and the qualifications of the clerks presented were determined : it is
said these juries or inquests were held of course, or however for the most
part ; and therefore it is here presumed that they who opposed the having
such an inquest, had some turn to serve by it, and are therefore here
censured. See Bishop Gibson's code, p. 815 f ; Sir H. Spelman has se
opponunt super jure patronatus +.

e One would think that these prelates by using the word collation de
signed this provision in favour of ecclesiastical patrons only : but Lynd-

1 [sic, qu. wood takes it as concluding1 presentation and institution §.
including.]

* [Omitted in Wilkins as well as in procurant patronatus quaestionem."]
Spelman.] § [Lyndwood makes no mention of

f [Codex Juris. Eccl. Angl., tit. institution in this place ; his words are,

xxxiii. c. 6. Rule iii. p. 779. ed. 2. " Collatio dicitur, quae fit per eum qui

1761.] potest conferre cui vult absque alterius

+ [" Opponunt se vel opponi pro- facto . . . Et differt collatio a prsesen-

curant super jure patronatus," is the tatione : quia praesentatio pertinet ad

reading of the appendix to the Provin- patronum ex vi juris patronatus, et non

ciale, but Lyndwood, Spelman, and collatio, etiamsi esset patronus eccle-

Wilkins read " opponunt, vel opponi siasticus. . . . Sed in prassentatione

A.D. 1222.] LANGTON'S CONSTITUTIONS. 103

r Excommunication is despised, says Lyndwood, 1 . When the excommu
nicate adds to his fault. 2. When he comes into the church though divine
service be not then said (unless it be to hear sermon, and to go out as
soon as that is done.) 3. If he stand without at the church door while
divine service is saying ; (and clergymen if they know it, and do not for
bear celebrating divine offices are to be punished with excommunication.
Decretal., lib. v. tit. 39. c. 18.) 4. If he thrust himself into communion
with other men when it is in his power to avoid it. 5. If he continue
long under the sentence. In forty days the secular arm is invoked in
England ; if he continue under it for a year he may be treated as one
suspected of heresy.

2. That every prelate have his ^almoners, and that pre- [l. w.]
lates themselves be hospitable, and at convenient seasons

hear the causes of the poor and do them justice in public,
and sometimes hear confessions and give penance ; and fre
quently have their own sores healed by proper confessors ;
and be careful to hreside in their cathedrals on some of the [Lynd.,
double feasts, and some part at least of Lent, as they shall p<
see best for their souls ; and that they cause the profession
which they made at their consecrations to be read to them,
twice a year, that the oftener they hear it the better they
may remember it.

g Sir H. Spelman Clericos eleemosynarios *.

h Lyndwood here affirms that by the common law [of the Church] the
bishop is tied to be resident in his church every Lord's day f.

3. That no prelate when he collates to a church or pre- [2. W.]
bend usurp the mean profits of it : nor extort any thing for
institution, or giving possession ; nor for the instruments to

be drawn on this occasion : nor let the archdeacon or dean J
permit any thing to be extorted by their officials.

1 Lyndwood here distinguishes collation and institution as two acts,
that in some cases are to be consequent one upon the other : I suppose it

eadem est ratio stcut in collatione, igi- veriorem, ut sic communis usus lo-

tur, etc. Et ut videtur, hie verbum quendi attendatur in hoc. . . . Provin-

collationis exprimitur, non ut sumatur ciale, lib. v. tit. 17. p. 348.]

stricte; secundum ea quae supra dixi * [eleemosynaries clericos habeant

in princi., sed ut intelligatur sive su- honestos, W., clericos deest, C.]

matur large pro donatione et sic com- f [Cf. Gratian de consec. di. 3. epi-

prehendat praesentationem. Nam se- scopus.]

cundum vulgarem mod urn loquendi in J [Archidiaconus vel decanus, Lynd.

Anglia, qui prsesentat aliquem ad eccle- app., p. 2. Spelman and Wilkins here

siam, intelligitur earn sibi conferre vel agree with Lyndwood's text as quoted

donare. Et hunc intellectum reputo in the next note.]

104 LANGTON'S CONSTITUTIONS. [A. D. 1222.

may be the same with admission (as it is now called) and institution,
which differ as the promise and the performance of it *. And he allows
that by special privilege or custom mean profits may belong to the ordi
nary notwithstanding this constitution.

[3. w.] 4. For the rooting out of idolatry, that is covetousness,
from bishops, we decree that if any one be presented to a
church, and there be no canonical opposition, and the clerk
presented be not insufficient, let not his admission be delayed
above two months : or else let whatever fruits of the benefice
have come into the bishop's hands since the presentation
be restored to him on his institution. If the archdeacons
hinder him that is canonically presented from being k ad
mitted within the time prescribed by the * council, let the
same rule be observed in relation to them : except they
can assign a reasonable cause for it when called upon by
their superiors.

k It seems plain, and Lyndwood allows, that by admission here you are
to understand induction.

1 Lateran at Rome, A.D. 1179, under Pope Alexander III. c. 8f,
where six months is the utmost space allowed for the vacancy of a
church.

[4. w.] 5. If two are presented to the same church, let the
^2151 cu§tody of it pending the suit be given to neither of them.

* [According to Lyndwood collation ut ille, qui confert ecclesiam jure pro-
is analogous to presentation (see above, prio, aliquid inde sibi retineat ; vel pro
p. 102, §) and an act previous to insti- ejus cui confertur, institutione, vel in-
tution ; the following is his text of this ductione aliquid exigatur. Esset enim
constitution, together with those parts hoc quaedam species Simoniae.
of his gloss upon it which seem neces- Institutione. Quae collationem sequi
sary to clear up the confusion made by debet, sicut alias dicitur in simili, de
Johnson in this and the previous note, re judi, c. cum aliquibus. Et est in-
p. 102, e. stitutio idem quod investitura seu ad-

Statuimus, ne praelatus aliquis cum missio ad beneficium ecclesiasticum ;

ecclesiam aliquam contulerit vel prae- quae quandoque idem est quod ipsa

bendam fructus ejusdem ecclesiae vel concessio sive collatio. de conces. prte-

praebendae nondum collectos sibi prae- ben. c. post electionem. Et quomodo

sumat aliquatenus usurpare, vel pro diversis modis sumitur institutio, no-

institutione, vel missione in possessio- tatur per Archidia. de prceben. c. cum

nem vel charta super hoc facienda ali- in illis ver. institutione h. 6.

quid audeat extorquere : vel ab officia- Missione in possessionem. Haec dici-

libus suis vel archidiaconis suis susti- tur inductio quae de jure communi ad

neat extorqueri. archidiaconum pertinet. de offi. Archi-

Contulerit. Sc. jure proprio. Diffe- diet, ad hcec et. c. ut nostrum. Provin-

runt namque collatio, praesentatio, in- ciale, lib. iii. tit. 6. p. 1.37.]

stitutio, provisio, et alia hujusmodi, de f [Cone. Later, iii. c. 8; Concilia,

quibus dixi supra, de jurejur. c. 1, ver torn. xxii. col. 222.]
prasentatu.i. Esset enim incongruum,

A. D. 1222.] LANGTON'S CONSTITUTIONS. 105

If the right of collation lapse to the bishop by authority of
the council, before the dispute between the two patrons, who
have both presented their clerks, is ended; let the bishop
give the church to neither of those clerks unless by consent
of both patrons ; that so neither of their rights be in the
least prejudiced, when he hath carried his cause as to the
right of patronage*. [And though by canon law the patron
being of the clergy has six months time to make his presen
tation, but if of the laity four months, yet by a statute m of
the king of England each hath six months f.]

m This seems a mistake ; for I take it to be by custom or common law,
not by statute that the lay patron hath six months.

6. We decree with the general n council, that both the [5. w.]
nocturnal and diurnal office be celebrated with diligence and
devotion, as God gives ability : and that all the sacraments, [Lynd.,
those of baptism and of the altar especially, be performed with p' 226^
such devotion as God inspires : that the words of the canon, [6. W.]
especially of the consecration of Christ's body, be perfectly
pronounced. After the priest hath received the Lord's
body and blood at the altar, let him not ° twice drink the
wine poured into the chalice, or spilt on1 his fingers, though i [rather
he do celebrate again the same dayt. poured

J + over.]

n Lateran under Innocent III., A.D. 1216, c. 17 §.

0 The priest was obliged after every mass to have wine poured into the
chalice, that so the remains of the sacramental blood might be clean
washed out of the chalice ; and he was for the same reason to suck or
lick his fingers, lest any particles of the sacrament should stick to them,
and to drink the wine put in to wash the chalice ; but he could not do
this if he knew he was to celebrate a second time : for the drinking of the
unconsecrated wine broke his fast, though drinking of the consecrated cup

* [Ne saltern aliquale praejudicium gitis superfusum sumere non prsesu-

alteri patronorum ^videatur generari, mat. W., Lynd.

et si postmodum jus evicerit patrona- Digitis superfusum. Ex hac litera

tus. W. et deest A. C. post si addunt colligi potest, quod prima infusio debet

A. C. forte. Lynd wood's text agrees esse in calice, secunda super digitos

with MSS. A and C.] etiara in calice, et utraque de vino:

f [Omitted in Wilkins as well as in unde errant qui primo perfundunt di-

Spelman and Lyndwood's text] gitos, et etiam qui in secunda infusione

J [Presbyter autem postquam do- apponunt aquam. Lyndwood's gloss. ;

minicum corpus et sanguinem sump- comp. below, A.D. 1367. 3.]

sent in altari, si in eodem die missa- § [Cone. Later, IV. A.D. 1215, cap.

rum solennia ipsum celebrare oporteat, 17 ; Concilia, torn. xxii. col. 1006. J
iterato vinum calici infusum, vel di-

106 LANGTON'S CONSTITUTIONS. [A. 0.1222.

did not, and the mass was to be celebrated only by such as were fasting.
This I take from Bishop Lyndwood.

7. We forbid any priest to celebrate mass twice on the
same day, except Christmas and Easter, or when a corpse is
buried : in which [last] case the first mass must be that for
the day, the second for the dead.

tLygq'i 8. We ordain that beneficed clergymen or clerks in holy
orders, be not stewards of farms, bailiffs, or seneschals, and
so bound to pgive an account to laymen, 'and especially that
they meddle not in causes of blood *.

p By canon law he that hath undertaken a guardianship, for which he
hath not passed accounts, is uncapable of orders. Decretal., lib. i. tit. 19,
vide infra.

9. Nor let the causes of blood be tried in churches or
[9. w.] churchyards. And we forbid by the authority of the Coun
cil, all clerks that are beneficed or in holy orders, to write or
dictate letters for inflicting of death, or to be present at trials
concerning life and death ; for they are unworthy of the
Church's protection who bring so much scandal to the
Church.

q The general council, says Sir H. Spelman and the Oxford copy ; but I
believe Lyndwood in the right when he says it was this present council f,
yet the same writer well observes that bishops who had a civil power
vested in them might grant commissions to their judges who were to sit
on life and death.

[Lynd., 10. We strictly command parish priests to feed the people
with the word of God, as God inspires them with it, lest they
be justly thought dumb dogs : and let them remember that
they who visit the sick shall be rewarded with the eternal
kingdom : therefore let them cheerfully go when sent for to
the sick.

* [Nee jurisdictiones exerceant sae- omnibus malefactoribus faciat vindic-

culares, praesertim illas quibus judi- tarn. . . . Potest etiam tali specialiter

cium sanguinis est annexum. W. and committere certain causam. Lynd-

Lyndwood's text. wood's gloss, Provinciale, p. 269-70.]

Judicum sanguinis. . . . Si tamen ip- f [Concilii. sc. prsesentis, Lynd-

semet(se. clericus in sacris constitutus) wood's gloss. . . Wilkins has 'generalis

habeat jurisdictionem temporalem suo concilii,' as Spelman and the Oxford

beneficio annexam, tune generaliter copy. Compare in Johnson's first vol.,

potest constituere aliquem laicum vi- p. 220, Excerptions of Ecgbriht, A.D.

carium suum vel ballivum, qui de 740, 155-6.]

A. D. 1222.] LANGTON'S CONSTITUTIONS. 107

11. We ordain that every church have a silver chalice, [Lynd.,
with other decent vessels, and a clean white large linen cloth p' 24 '••
for the altar : let the old corporals which were not fit for the
altar be put in the place appointed for the relics, or be burnt

in presence of the archdeacon (if they are consecrated.) And [p. 52.]
let archdeacons take care that the cloths and other orna
ments of the altar be decent ; that books be fit for singing
and reading ; that there be * two suits of vestments for the
priests : and that the attendants at the altar wear surplices,
that due esteem be paid to divine offices.

12. rWe strictly forbid any man to resign his church, [p. 107.]
and then accept the vicarage of [the same church] from his

own substitute : because in this case some unlawful bargain
may well be suspected : let the one of them who presume to
do this be deprived of his parsonage, the other of his vicar
age. And we judge it absurd that he who is parson of a [p. 141.]
church should confer any part of that parsonage to another
under the title of a parsonage, unless he first absolutely
resign the whole benefice. '[Nor let it be allowed to any [37. w.]
one to assign any portion of his church to another, under
the title of a benefice, so as that it may be held with another
benefice, to which the cure of souls is annexed f.]

T It may seem strange that any one should choose to be vicar rather
than rector ; but as there might in some particular cases be other reasons
for it, so there was one very apparent one, viz., that the Lateran council
under Innocent the Third, 1215 j, had forbid the holding two churches,
that is rectories, but not two vicarages, or a rectory and a vicarage. For
though the Lateran canon against pluralities was not yet put in execution
here, yet the clergy were apprehensive that this would soon be done.

13. To prevent spiritual bigamy, we strictly forbid with [Lynd.,
consent of the council, that any church be committed to two p'
rectors or parsons : and in churches where there are several
parsons, let the portion of those that die accrue to the sur
vivors, till the whole come to one man : nor let two vicar
ages be in the same church, excepting where the division is
ancient.

* [ad minus, W. and Lynd. text.] man and Wilkins, the last sentence

f [Johnson here follows the arrange- would come next after the 49th consti-

tnent of Lyndwood's text, p. 142 ; ac- tution below.]

cording to the appendix to the Oxford J Cone. Later. IV. cap. 29; Con-
edition of Lymlwood as well as Spel- cilia, torn. xxii. col. 1015.]

108 LANGTON'S CONSTITUTIONS. [A.D. 1222.

[Lynd., 14. We ordain that no bishop admit any one to a vicar-
p' 13LJ age, unless he be willing personally to minister in the church
in which the vicarage is granted him, and be fit within a
short time to be ordained priest. If he who has been ad-
mitted refuse to be ordained priest, let him be deprived of
the benefit of the vicarage.

15. We ordain that churches not worth above five marks
a year, be given to none but such as will personally reside
and minister in the said churches : let them who do not be
deprived by the diocesan, after due admonition.

[P. 64.] 16. Abundance often breeds neglect, indigence beggary,
to the scandal of our order; we therefore, choosing the me
dium, ordain that an estate which may be let to farm for five
marks at least, be assigned to the perpetual vicar, excepting
in those parts of Wales where vicars are content with less by
reason of the poverty of the churches. Let the diocesan
after due consideration had of the value of the church, de
termine whether the parson or the vicar, or both together,
are to bear the charges of the church. Provided still, that
the archdeacon be content with one procuration, whether
from one or both.

[p. 184.] 17. We determine that in every church that has a large
parish, there be two or three priests according to the large
ness of the parish and the estate of the church : lest when
one priest is sick or disabled, divine offices and the sacra
ments of the Church be withdrawn from the parishioners,
especially such of them as are infirm.

[p. 108.] 18. And that the bishop take an oath from the presented
clerk, that he has neither given nor promised any thing to
the presenter for the presentation; nor entered into any
covenant for this purpose , especially if there be any prob
able suspicion in relation to the party presented*.

[p. 326.] 19. To prevent the want of confessors, and because some
rural deans and parsons are ashamed to confess themselves
to their prelates, we ordain f that certain discreet confes-

* [Si tarnen ei propter hoc merito fectum confessorum, vel quia decani

videatur suspectus, non admittatur ; rurales vel personse erubescunt forte

cum talia manifeste canonicis obvient suo confiteri praelato, certum imminet

iustitutis. W. Johnson's translation periculum animarum; volentes huic

agrees with Lyndwood's text.] rnorho niederi, statuimus, W. ; Lynd-

f [Quoniam nonnunquani ob de- wood's text is to the same effect.]

A. D. 1222.] LANGTON'S CONSTITUTIONS. 109

sors be appointed by the bishop with the assistance of the
archdeacon, to take the confessions of deans, parsons, and
priests. In cathedrals where there are secular canons let
them confess to the bishop or dean, or to the confessors as
signed them by the bishop, dean and chapter.

20. *We ordain that rural 8 deans presume not for the [Lynd.,
future to hear matrimonial causes : but that the examination p" 79'^
of them be committed to discreet men, who are to be co-
assessors, when the sentence is passed, if conveniently it

may be.

8 Lyndwood affirms that the dean of the arches has not this power, ex
cept by special commission ; yet he owns, if they had a perpetual title to
their places they might : for then they were removeable at pleasure, but
now they are for life f.

21. We forbid with the terror of anathema, any one to [p. 308.]
retain robbers in his service for committing robberies, or
knowingly to let them dwell on his lands.

* Lyndwood here produces the opinion of canonists who affirm that such
threats of anathema may bind, that is excommunicate, or lay under ex
communication the offender, upon supposition that it was the intention of
them that pronounced it actually to bind them.

22. That archdeacons may not be burdensome to the [p. 219.]
churches subject to them, we strictly forbid them to exceed

the number of horses and men prescribed by the general
"council, and to invite strangers to the procuration made for
them on account of their visitation (though the rector may
invite any that he pleases, in honour to the archdeacon J.)
And for this reason we forbid the archdeacons to hold their
chapters in the church that is visited x on the visitation day,
except it be in a borough or city.

* [Johnson omits, Quoniam in cau- faciunt non suo sed alieno nomine fa-
sis matrimonialibus magna est dis- ciunt ; etiam ratioue coiisuetudinis prae-
cussio (discretio A, B. Lynd. gloss, and scribere non possunt. Lyndwood, gloss,
Lynd. app.) necessaria, unde periculo- p. 79. Of the dean of arches, see ibid.,
sum est eas a simplicibus tractari, p. 80, ad verb, committatur.^

S. W. Lynd. app. The same preface J [Johnson omits, Sed ipsi archi
ls quoted in Lyndwood's gloss, Pro- diaconi nullum invitent, ne forte qui
vinciale, p. 79, ad verb. Et infra."] per suum aclventum ecclesias non gra-
f [Intellige id quod hie dicitur, vatas gravarent, gravent saltern per in-
audire non prcesumant scilicet ratione vitatos ; unde, ut subtrahatur eis ne-
officii sui, vel praetextu alicujus con- cessitas invitandi, prohibemus, W. To
suetudinis ; nam cum tales decani the same effect Lyndwood's text and
rurales non sint perpetui, et quicquid the appendix, omitting 'gravatus.']

HO LANGTON'S CONSTITUTIONS. [A.D. 1222.

" See council of Hubert Walter, archbishop of Canterbury, A.D. 1200,

can. 5.

x Here Lyndwood observes that the visitor might lodge and take both
dinner and supper with the visited incumbent, and not more.

23. We strictly forbid archdeacons to extort a procuration
y without reasonable cause, but on the day in which they per
sonally visit the church, and that they do not squeeze money
from the church as a fee or ransom for not visiting*.

y A reasonable cause of visiting by another is infirmity, says Lyndwood.

T23. w.] 24. That archdeaconries and z deaneries, which consist
[Lynch, merely of spiritualities, be not alet to farm; but if any
estate be annexed to the office, that may be farmed outf-
And we ordain the same as to other benefices. If any arch
deacon or dean be convicted of transgressing this decree, let
him be wholly suspended from his office by the bishop for a
year, and let another be substituted, who may with more dis
cretion supply his place.

* Such as Shoreham, Croydon, &c.

a If, says Lyndwood, the archdeacon allow a certain sum by the year to
his official, on condition that the official be answerable to him for the
whole profits, this is lawful ; but if he let it on condition that the official
pay him a certain sum by the year, and keep the rest to himself, this is
forbidden.

[24 W] 25- Let archdeacons take care in their b visitations that

[Lynd., the canon of the mass be correct; and that the priest can
rightly pronounce (at least) the words of the canon, and of

1 [sanum.] baptism, and that he knows the true1 meaning of them : and
let them teach laymen in what form they ought to baptize in
case of necessity, in some language or other. And let them
look diligently, according to the general c council, that the

2[eucha- host2, the chrism, and holy oil be kept under lock and key.

ristia.] Ami let them have all the ornaments and utensils of the
church set down in writing : and let the books and vestments
be viewed by them d every year ; that they may know what
additions are made by the parson's diligence, 'or what the
church hath lost J.

* [In Wilkins this is appended to 'J [Vel quse tempore intermedio per

Const. 22.] malitiam vel incuriam deperierinf.

_ f [de superioris Hcentia, S.W. Lynd.] Item provideant de possessionibus ec-

A.D. 1222.] LANGTON'S CONSTITUTIONS. Ill

b Here Lyndwood affirms that archdeacons have of common right
power to visit by way of enquiry, but they have no power of correction
without custom, except for slight matters.

c Lateran, A.D. 1216, under Pope Innocent the Third, c. 20*.

d That is, says Lyndwood, every year in which they visit, for in Lynd-
wood's time the archdeacon's visitation was triennial, but in the time of
making this constitution it was undoubtedly annual : they were now
bound to visit triennially, but might do it oftener, if they saw occasion.

We forbid archdeacons, deans, and their officials to levy [Lynd.,
taxes, or make exactions on their subjects.

26. We decree that archdeacons, and their officials, pub- [25. w.]
lish the sentence of e excommunication, suspension, or inter-

. P

diet against none without canonical warning, unless where
the excess be manifest. Let him that excommunicates any
one otherwise, be subject to the punishment declared by the
Lateran f council ; for suspending or interdicting, let him be
punished at the discretion of his superior : and let the supe
rior prelates observe this.

e Lyndwood observing here the difference between those who unduly
pass sentence of excommunication, and those who unduly pass sentence of
suspension and interdict, makes this farther reflection concerning the
agreement and differences between the sentences themselves, which seems
to me very instructive : first, says he, they agree in ten points. 1. That
the sentences must be pronounced e scriptis. 2. A preceding appeal pro
tects the appellant from any of these sentences. 3. None under any of
them ought to celebrate. 4. A preceding admonition is necessary in each
case. 5. An oath [to submit to the Church] is necessary to obtain abso
lution, by way of precaution, and upon such oath absolution is so granted
in each case. 6. Each sentence is to be observed by superiors (though
passed by inferior ordinaries.) 7. Because none under either sentence can
elect or be elected, or give testimony. 8. That nothing ought to be deter
mined in any matter relating to these sentences, without citing the ad
verse parties. 9. Because the special sons of the apostolical see (that is
some particular friars, and exempt regulars) are not subject to these sen
tences (I suppose he means, except they are inflicted by the pope himself.)
10. They are all called by the name of ecclesiastical censures. They
differ in nine points. 1. With one suspended or interdicted it is lawful
to communicate, without a special prohibition, but not with an excommu
nicate. 2. Because in strictness the man is excommunicated, or sus
pended, the place is interdicted. 3. Because the effect of excommunica-

clesiarum, ut ita singulis annis possint ' proficiant' for 'possint prospicere.']
prospicere, ne ecclesia suo jure defrau- * [Cone. Later. IV., A.D. 1215, cap.

detur, S. W. So Lyndwood's text, ex- 20; Concilia, torn. xxii. col. 1007.]
cept ' imperitiam' for 'ineuriam,' and

112 LANGTOiVs CONSTITUTIONS. [A. D. 1222.

tion already passed cannot be suspended, but the effect of the other sen
tence may be suspended. 4. Because a relaxation of interdict passed in
general on a city or army, cannot be granted by way of precaution, but
an absolution from excommunication may be so granted (that is, the ex
communication may be suspended, if he profess his innocence, while he is
making his defence in court : for he could not be heard while under actual
excommunication.) 5. Because a general sentence of excommunication
binds a bishop, though he be not named ; but not a general sentence of
suspension or interdict. 6. Excommunication is not inflicted upon any
great body or college of men in general, but an interdict is. 7. Excom
municates (so remaining) are not admitted to penance till the point of
death, but those under suspension arid interdict are. 8. On certain
festivals those under interdict are admitted into the church, but excom
municates never. 9. Excommunication is never passed upon one man for
the fault of another, but interdict and suspension are [passed on subjects
and servants, for the faults of their lords and masters.] Caldrini, says
Lyndwood, adds a tenth, that interdict cannot be passed on account of
money without the pope's leave, but excommunication may. Lyndwood
supposes that an eleventh may be added, that he who (unduly) passes the
sentence of excommunication has a certain punishment assigned for him ;
but he who unduly passes a sentence of suspension or interdict is to be
punished at discretion, as by this constitution.

f The punishment declared by the Lateran council, A.D. 1216, c. 47*, is
to be forbidden entrance into the church for a month.

[26. w.] 27. We firmly forbid burial, baptism, any ecclesiastical
^L27th sacrament, or the contracting of matrimony to be denied to
any on account of money. Our will is that the ordinary do
justice as to what is used by custom to be given f, according
as it is more largely expressed in the statute of the g general
council. To demand any thing for chrism or the holy oil
we judge unreasonable, because it has so often been forbid.

g Lateran council, 1216, c. 66 J.

[27. W.] 28. That archdeacons 'and their officials § do not obstruct

^7^1 ' Peacgj but giye leave to the parties to agree, or withdraw, by

compounding without any demand on that account ; so that

the suit be such as admits of composition ; and that he

inflict no punishment on them on that account ; unless the

* [Cone. Later. IV. (Innoc. III.), effect Lyndwood's text]

A.D. 1215, cap. 47; Concilia, torn. J [Concilia, as above, cap. 66, col.

xxii. col. 1031.] 1054.]

f [quoniam si quid pia fidelium de- § [vel decani, W. Lyndwood's text

votione consueverit erogari, super hoc has instead of these words ' vel eorum

nolumus per ordinarium loci ecclesiis officiates aut alii judices.'j
justitiam exhiberi, S. W. To the same

A. D. 1222.] LANGTON'S CONSTITUTIONS. 113

unrighteousness of the plaintiff or defendant be very mani
fest.

29. We strictly forbid archdeacons, their officials, and
other judges, to bring any man who has preserved his repu
tation among the good and grave, to a purgation, at the
suggestion of their apparitors : nor let them be judges and
plaintiffs in the same1 cause, as when the question is, i [sua.]
whether what they demand be due *.

30. hWe decree by the authority of this present council [28. w.]
that archdeacons, deans, all parsons and dignified men, all ^ij^'-j
rural deans and priests, go in a decent habit with close copes ;

the same is to be observed by the l officials of archdeacons
when in consistory f : and let none of these nor any other
clerks wear long hair, but be decently clipped and crowned;
unless they disguise them out of a just fear. Let them also [p. 119.]
abstain from immoderate eating and drinking and be com
pelled to the diligent observance of all these particulars by
their superiors, according to the direction of the k general
council.

h It is evident that these constitutions of Langton are for the main but
transcripts from the Lateran council, 1216 J, with some variations made by
our prelates ; and this is true of those constitutions where that council is
not mentioned as well as where it is. To this purpose I will transcribe
the words of that council, c. 16 §, relating to the apparel of clergymen, viz.,

Clerici clausa deferant in-super indumenta nimia brevitate, vel lon-

gitudine non notanda. Pannis rubeis, aut viridibus, necnon manicis, aut
secularibus ^ conmtritiis, seu rostratis, frcenis, sellis, pectoralibus, et calcari-
bus deauratis, aut aliam superfluitatem gerentibus non utantur. Cappas
manicatas ad divinum officium intra ecclesiam non gerant ; sed nee alibi
qui sunt in sacerdotio, vel personatibus constituti. It is evident from
hence that the close cope mentioned so often in our English constitutions,
was a garment of the same make with the officiating cope ; and the close
cope was a cope without sleeves ; both these particulars I infer from the
words of the Lateran council ; viz., let clergymen wear garments close
in the upper parts — let them not wear copes with sleeves in divine offices
in the Church nor any where else if they are beneficed priests. Lyndwood
farther informs us that this habit never prevailed here in England : he

* [In Wilkins this is appended to present," MS. note Wrangham. Cf.

Const. 27.] Mat. Paris, A.D. 1215, p. 229.]

f [Idem quoque observent officiales § [Cone. Later. IV. (Innoc. III.),

episcoporum (archiepiscoporum B.) et A.D. 1215. cap. 16; Concilia, torn,

archidiaconi, dum fuerit in consistorio. xxii. col. 1006.]

W. Johnson's translation agrees with ^ [For " secularibus" read "sotula-

Lyndwcod's text.] ribus."]

J [" At which this archbishop was

114 LANGTON'S CONSTITUTIONS. [A. 0.1222.

does in effect say the constitutions relating to it were never received : and
some do think, that non- conformity in this point was venial : for thus he
concludes, that where there is no penalty assigned, or a contrary use is not
forbidden, there common observance is stronger than a constitution, and
excuses. Lyndwood farther asserts that no colours were forbidden the
clergy but red and green, though they were not to wear striped, or parti
coloured garments ; otherwise they were perfectly at discretion, both as
to fashions and colours.

1 Officials of archdeacons are particularly mentioned, as being not com
prised in the foregoing terms : for Lyndwood says they are not dignitaries,
and it often happened that they were not priests.

k Lat. council aforesaid, c. 17*.

[Lynd., 31. Let not clergymen that are beneficed, or in holy orders,
^hos'i Publiclyt keep concubines in their manses1, or have public
tiis.] access to them with scandal any where else. If the concu
bines after admonition publicly given do not get them gone,
let them be expelled from the churches, and not be admitted
to the sacraments : if they still persist, let them be excom
municate, and the secular arm be invoked against them. As
to the clergymen themselves, let them, after admonition, be
restrained by a substraction of their J benefice §.

Is it lawful therefore to do it privately ? says Lyndwood, and answers,
they are excused as to the punishment, though not as to the crime ^[.

[P. 166.] 32. Though we would have the lawful testaments of bene
ficed clergymen to be regarded, yet if they leave any thing
to their concubines let it be converted to the use of the
church of which the deceased was rector, at the discretion
of the bishop.

[29. w.] 33. We ordain that no abbot, prior, archdeacon, dean, par-
pLi49d] son> dignitai7, or inferior clerk, do sell, mortgage, alienate, by
an infeofment, or by any other means, to their kindred, or any
other persons, the estates belonging to their churches or digni
ties, without observing the mform of the canon ; and that all
that is done to this purpose, be null ; and that the offender

« [Cone. Later IV. c. 17 ; Concilia, 1 [Johnson here mistakes a sentence

which is part of Lyndwood' s argument

t [pubhce vel occulte, A, B.] for the conclusion which is afterwards

I [Johnson omits officii et, W. and given in these emphatic words, " sed

ysrT w-ii • .1 • tu dic> <luod nec Publice hoc licet, nee

{ [ In Wilkms this and the following occulte." Provinciale, lib. iii. tit. 2.
paragraph are the latter part of Const. p. 126-7.]

A. D. 1222.] LANGTON'S CONSTITUTIONS. 115

be deprived of his dignity, parsonage, or church, by his
superior, unless within a time prefixed, he do at his own
cost restore what has been alienated. And let him be ex
communicate who for the future receives the goods of the
church, and detains them after admonition, and not be ab
solved till he makes restitution. Let the "greater prelates
observe the same.

m Causa 12. qusest. 2. is very full of canons to this purpose ; I am apt to
think the fifty-sixth canon is here particularly meant, which obliges him
that alienates from the Church to give as much of his own as he takes
away.

n That is, the bishops, who by the seventy-fourth of the canons just now
mentioned were allowed to give away but one fiftieth part of the estate of
a church even to a monastery, but an hundredth to any other church.
And all bishops were [forbid to alienate without consent of chapter, and
unless it were in order to obtain somewhat better than was alienated.

34. Whereas some do (which we cannot speak without [30. w.]
tears) spend their ecclesiastical revenues in building houses ^L[g5'i
on lay fees, for their sons, nephews ; nay, for their concu
bines, and so misapply the goods of the church designed for

the use of the poor : now we decree*, that they who are sus
pected to do this, or to give money for the doing of it, be
punished at the discretion of their superiors, unless they
make their purgation at his discretion.

35. We ordain that the °obedientials of monasteries, as [31. w.]
well as the P greater prelates, do twice or four times in the CLynd->
year yield up their accounts before the brethren assigned

by the convent, or before their superiors, according; to the
custom of the monastery : but such prelates as have estates
distinct from those of the monks are not bound by this
constitution.

0 That is, the cellarer, chamberlain, treasurer, &c.
p Abbots and priors.

36. We decree that nuns and other religious women wear [32. w.]
no silk veilsf, nor needles of silver or gold in their veils ; that [Lynd.,
neither monks nor canons regular have girdles of silk, or- p' 205'^
garnished with gold or silver, nor use i burnet, or any irre-

* [Johnson here abridges the ori- f [velum vel peplum sericum non
ginal.] habeant, W. and Lynd. text.]

I 2

116 LANGTON'S CONSTITUTIONS. [A.D. 1222.

gular cloth. Let the dimensions of their clothes be com
mensurate to their bodies, not longer than to cover their feet,
like r Joseph's coat, which came down to the ankles*. Only
the nun may wear a ring, and but one. Let the offenders
be subject to regular discipline if they mend not on ad
monition.

q Artificial brown : for natural brown was the proper colour of their
habit.

1 Polymita^ et talari., vulgar Lat. Gen. xxxvii. 23 .

[33. w.] 37. Inferiors are to have a pattern of their life from the "ab
bots; therefore we decree that abbots change their chap
lains, or chaplain (if they have but one) every year ; that so
they may have more witnesses of their innocency in case of
scandal J.

* The Oxford copy says abbesses, which to me seems a more probable
reading.

[34. W.] 38. That prelates of religious houses do not give or sell

[Lynd., 'corrodies or stipends, either for life or for a certain time,

unless for urgent necessity with the bishop's consent.

'* Certain portions of meat, drink, money, &c., delivered every day
week, or month, &c., otherwise called liberations, or liveries.

[35. W.] 39. That nothing be demanded for the reception of any

^2791 One *nto a religi°us house : if he that is to be admitted be

forced to buy his own clothes, by reason of the poverty of the

house, yet let nothing be exacted beyond the just price §.

[41. w.] 40. That monks, canons regular, and nuns, have but one

[Lynd.,
p. 204.]

* [Metiantur etiam juxta dimen- vendi normam habent assumere, super
sionem corporis vestem suani, ita quod honesta conversatione testium copiosi-
longitudinem corporis non excedat, sed tas suffragetur ; decernimus, ut ipsi ca-
pede, sicut decet, subducto1 sufficiat pellanos suos vel aliquem illorum sin-
eis2 indui veste talari, W. ^ubtecto gulis mutent annis, etc. W. Lynd-
seu subducto, A B., 2ut cum Joseph wood's text, p. 206, is the same except
induatur. C. Johnson's translation the title; the reading "abbatissceipsae"
agrees with Lyndwood's text] in the appendix to the Oxford edition

f [Bibl. Sacr. Vulg. Gen. 37. 23, of Lyndwood is clearly without au tho-

" Confestim igitur utpervenit ad fratres rity; Johnson here abridges the origi-

suos nudaverunt eum tunica talari et nal.j

polymita."] § [Wilkins gives fifteen more con-

J [XXXIII. Ut abbates annuatim stitutions nearly as Spelman, but differ-

capellanos suos mutent. ently from Johnson, who here follows

Ut autem secundum canonicas sane- the appendix in the Oxford edition of

tiones abbatibus, a quibus minores vi- Lyndwood.]

A. D. 1222.] LANGTON'S CONSTITUTIONS. 117

dormitory [for their several houses] and a single bed for
every single person ; that they eat in one refectory altogether
on the common provisions ; that not money for clothes, hut
clothes be delivered to every one by their chamberlain, or
other officer ; that upon the delivery of new clothes, the old
ones be returned for the use of the poor, or other necessities,
at the discretion of the superiors, without giving any thing [42. w.]
for the new ones, or receiving any thing for the old ones, on
pain of loss of office to the chamberlain, and that the monk
or nun have no new clothes for that whole year.

41. Let none be admitted monks under" eighteen years of [ib.]
age, unless evident utility or necessity require. ^202 1

tt The decree, Quia autem, caus. 20. qusest. 1. c. 5, bearing the name of
Gregory the Great, gives a reason for this which is peculiar to islanders,
(for fourteen is the age in other countries,) viz., Quia dura est in insulis
congreyatio monachorum.

42. Let neither clergymen nor laymen have frequent [45. w.]
access to nunneries without reasonable cause. Let bishops ^l^jh
take care that nuns be competently maintained by their
monasteries, and that they therefore do not exceed their
proper number, under pain of deposition to the abbess or
prioress, as also to the masters as priors that have the
custody of the nuns. Let the nuns make confession to
priests appointed by the bishop. Farther, we forbid nuns [43. w.]
to receive seculars to dwell with them (excepting necessary
servants) within the verge of their houses, but with the
bishop's consent.

43. We enjoin x silence to monks, canons regular, and [ib.]
nuns, at times and places appointed; 'and that neither men
nor women come within the bounds of a cloister, without
leave of the superior; nor may the [religious] go out except
leave be given for some reasonable cause, nor even to visit
their parents, unless they are such as are liable to no just
suspicion*; and not even then without a mate, and a day

' * [Nee viris aut mulieribus reli- creationis aut visitandi parentes pateat

giosis, absque superioris Hcentia, egredi aditusexeundi, nisi tails forte fuerit, de

liceat septa domus, nee sine certa causa quo nihil sinistri possit aut debeat sus-

et honesta egrediendi eis licentia con- picari, W. The Oxford copy trans-

cedatur. Ita quod nulli claustrum lated by Johnson reads ' ingredi' for

(claustralium, Lynd. text) causa re- 'egredi.']

118 LANGTON'S CONSTITUTIONS. [A.D. 1222.

[44. w.] prefixed for their return. In case the bishop, abbot, or
prior (where there is no abbot) send a monk guilty of an
excess to any other monastery in the same, or another dio
cese, and the bishop compel him to be admitted, let him be
there subject to regular discipline, and let him stay till he
be reformed ; and if the time be long, let another monk be
sent to the other monastery in his room, till the penitent be
called home by his superior. [But if the monastery send
none in his room, let the monastery from whence he came,
[45. w.] find him in clothes*.] But let not the monk be received
^yjjj-i into the other's monastery by any secret confederacy t-

p. 21U*J

* Silence was always to be kept in the oratory, refectory and dorter, and
at certain hours in the cloister, or places of conversation and instruction.
See Decretal., lib. iii. tit. 35. c. 6.

[50. w.] 44. Let the fare of all in the refectory be the same. The
[Lynd., head of the house may have such provision prepared for
P. 208.] kim, as he sees proper for the relief of the sickly. Let the
whole provision be set on the table without any purloin
ing, and the remains wholly be given to the needy by the
almoner. Neither abbot, nor prior, nor almoner may dis
pense with this. And whoever breaks this statute, or that
concerning clothes, let him be suspended from the cele
bration of divine offices, if he be a priest; from receiving
the communion till full satisfaction be made, if the offender
be in inferior orders, or a nun. [And let no nun eat flesh by
herself in the refectory, where flesh is not commonly eaten {.]
[46. w.] 45. Since religious persons have no property, therefore let
them not presume to make a will : for they have no temporal
right to transfer to another.

[ib.] 46. Let neither a canon regular nor monk take any church

or manor to farm that belongs to his own ychurch, nor have

* [This sentence is in Wilkins and tualis, proprium non habentis abba-

Lyndwood's text, but not in the ap- tern. Instead of ' confoederationem,'

pendix.] Lyndwood's text, p. 210, has " consi-

f [This sentence, which Johnson derationem,' which Lyndwood observes

translates from the appendix to Lynd- may mean for the purpose of teaching

wood, corresponds to the first part of the monks, or instructing them in mu-

the 45th constitution in Wilkins : sic, singing, or of living under a stricter

Adhaec per nullam societatem vel and better rule.]

confcederationem admittatur monachus J [This is in Wilkins and Lynd-

in alterius monasterio, ad moram.fa- wood's text, p. 210, but not in the

ciendam, nisi cum literis episcopi appendix.]
sui, vel abbatis, vel prioris conven-

A. D. 1222.] LANGTON'S CONSTITUTIONS. 119

any manor committed to his custody*, unless he be an zobe-
diential : let the offender be corrected by his superior, let [47. W.]
not religious take any churches to farm, so as to claim any
right after the death of the [present] parson : if they do, let
them be punished at the discretion of their superior.

y That is, the monastery : as a parochial church often implies the par
sonage, so a monastic church implies the monastery belonging to it.

I See Const. 35. All the offices of the monastery were called obedi-
entials.

47. Let neither monks nor canons regular spend time in [48. W.]
eating or drinking, save at the stated hours. They may by

leave quench their thirst in the refectory, but not indulge.
Here we except the infirm, and such as attended the pre
lates.

48. We ordain that when the monks for any just cause [49. W.]
are under a relaxationat, they have two seniors with them to ^[f'n
awe the rest, and to check their levities, and testify their

good behaviour under their relaxation. We would have the
same observed by canons regular and nuns.

II That is, in their country seats, which they had for this purpose. Sir
H. Spelman's copy has maneria, the Oxford misericordia. One explains
the other ; Lyndwood takes no notice of this constitution.

49. We ordain that no churches belonging to particular [36. w.]
parsons be let to farm, but for a just cause approved by the
bishop, and to one in orders, of whom it may be presumed

that he will apply the fruits to good usesj.

* [Johnson omits ita quod ex longa ter misericorditer fuerint conversati.

ipsius mora vel conversutione scanda- Idem inter canonicos regulates et mo-

lum oriatur, W. and Lynd. app.] niales volumus observari.

f [Ad haec statuimus, ut cum ra- Misericordia, i.e. Relaxatione auste-

tione debilitatis vel alia justa causa ritatis observantiae regularis ad tempus,

monachi seorsum in maneria morentur, et loquitur secundum consuetudines

W. The following is Lyndwood' s text diversorum locorum, in quibus reli-

of tbis constitution, which with the giosi per septimanas alternatim recre-

glosses upon it escaped Johnson's antur, et sunt exonerati a choro et ob-

notice. servantia claustrali.

Ad hoc statuimus, ut cum pro debi- Misericorditer, i. e. in misericordia

litate vel alia justa de causa monachi existentes, Provinciale, lib. iii. tit. 19.

seorsum in misericordia commorantur, p. 211, 212.]

semper habeant secum duos ad minus J [Here follows in the appendix of

seniores, qui aliorum levitates debita the Oxford edition of Lyndwood, Wil-

correctione compescant. Et qui post- kins's 37th constitution ; see above,

moduin in capitulo testificentur quali- constitution 12.]

120 LANGTON'S CONSTITUTIONS. [A. D. 1222.

[38. w.] 50. Because marriages are often obstructed by b advocates,
[Lynd., we or(jain that when sentence is given in favour of a mar
riage, the advocate who opposed it be deprived of his ad-
vocateship for one year, unless the judge in giving sentence
excuse him on account of such error or ignorance as just and
rational men may be guilty of.

b Who start false objections and make frivolous appeals, says Lyndwood.

[39. W.] 51. [cWe charge that for the future Jews do not keep
Christian slaves. Let the slaves be compelled by ecclesias
tical censure to observe this; and the Jews by canonical
punishment, or by some extraordinary penalty contrived by
the diocesans. Let them not be permitted to build any more
synagogues; that they be looked upon as debtors to the
churches of the parishes wherein they reside as to tithes and
offerings.]

c These two last constitutions are only in the Oxford copy : yet it is
very probable that they are genuine, because they agree in the main with
the sixth title of the fifth book of Decretals, which relates wholly to the
Jews : and the sixty -eighth canon of the council of Lateran, 1216*, enjoins
them a distinct habit. When these constitutions speak of a canonical
punishment to be passed on the Jews, they can mean no more but a pro
hibition of mutual commerce between Christians and Jews ; if they mean
that the Jews were under their cognizance, as pastors of the church of
Christ, it is certain they only exposed themselves ; they might as well
claim authority over the Indian brachrnans. I do not observe that the
canon law pretends to lay any censure upon the Jews, but only in some
cases forbids Christians to deal with them, and this was more than could
be justified. Lyndwood was wise not to meddle with these constitutions.

[40. w.] 52. [To prevent the mixture of the Jewish men and women
with Christians of each sex, we charge, by authority of the
general council, the Jews of both sexes to wear a linen
cloth two inches broad, four fingers long of a different colour
from their own clothes, on their upper garment before their
breast ; and that they may be compelled to this by ecclesias
tical censure. And let them not presume to enter into any
church, nor for that end to lodge their goods there f. If they
do, let them be corrected by the bishop.]

* [Cone. Later. IV. (Innoc. III.) f [Et ne occasionem habeant ingre-

A.D. 1215, cap. 68; Concilia, torn. diendi, inhibemus distincte, ne deposita

eorum in ecclesiis conserventur, W.]

A. D. 1222.] LANGTON'S CONSTITUTIONS. 121

To give a good conclusion to all, we charge that the 'La- [50. W.]
teran council, celebrated by H. Innocent the pope *, be ob
served by all, as to the payment of tithes, and all other
matters : and that the constitutions thereof, together with
these, be read and explained yearly in the episcopal synods,
as also the excommunications publicly enacted in this synod,
which are likewise to be read four times in every year in the
parish churches.

'* [Lateranense concilium sub sanctse recordationis papa Innocentio (tertio
addit B.) celebratum, W.]

A.D. MCCXXIII.

SUPPOSED CONSTITUTIONS OF ARCHBISHOP LANGTON.

HERE is evidently the conclusion of this council ; but in
the Oxford copy eleven more constitutions are added; the
first of these I find no where else, and therefore here present
it to my reader *.

[Lynd. 1. Baptism shall be celebrated with great reverence and
wniin's,7' caution, and in the prescribed form of words, wherein the
vol. i. whole virtue of baptism consists, and likewise the salvation
of the children, that is, " I baptize thee in the name of the
Father, and of the Son, and of the Holy Ghost. Amen."
'And let a name be given to the child, and [let it be done]
in the alanguage which is best understood by them. Let
priests often instruct laymen, that they ought to baptize
children in case of necessity, and it may be done even by
a woman, or by the father or mother of the child J. Let
the priest diligently enquire of the layman who has bap
tized a child what he said ; and if he find that it was done
discreetly, and in due manner, and that he pronounced the
form of words in his own tongue, let him approve what has
been done; but if not, let him rebaptize the child. Let
three at most be allowed to blift the child out of the font§.

* [For parallel passages respecting cos baptizare debere pueros in neces-

baptism, see A.D. 1200. 3, Wilkins, sitate, et mulieres, et patrem et matrem

vol. i. p. 505 ; Cone. Dunelm. (circa pueri in summa necessitate. Lynd.

1220) ibid. p. 575-6 ; Cone, Prov. app., p. 7.

Scot. 1225, c. 55, ibid. 614; Const. Wilkins's copy in this and some

S. Edmund, 1236, c. 9 — 13, ibid. p. other places, apparently through fault

636; Const. Othobon., A.D. 1268, of the MS. Hatton. Bodl. 24, is less

ibid., vol. ii. p. 2.] clear, but is generally more clear and

f [" Statuta legenda in concilia Ox- full than that in the appendix to the

oniensi edita per dom. Stephanum Lang- Oxford edition of Lyndvvood, from

ton Cantuar. Archiepiscopum, anno Dom. which it differs so widely that no

MCCXXII. Ex MS. Hatton. in bibl. attempt is here made to state the dis-

Bodl. Oxon. 24."] crepancies.]

' J [The text from which Johnson § [Ad levandum puerum de sacro

made the above translation runs thus: fonte tres ad plus recipiantur. W. and

Et ut nomen baptizato imponatur, et Lynd. app. See following page, last

sub eadem forma, quam melius nove- note.]
rint, doceant frequenter sacerdotes, lai-

A.D. 1223.] SUPPOSED CONSTITUTIONS. 123

If the children are baptized by laymen, let the priest perform
what follows the unction *, not what goes before. If there
be any doubt of a person's being baptized or confirmed/ let
the sacrament be administered without hesitation : that can
not be said to be repeated which is not known to have been
done at all: 'let such as are found with csalt be baptized if
there be any doubt of their baptism f : and in honour to bap
tism, let the water with which the baptism was performed
be thrown into the fire, or be carried to the church to be put
into the font. Let no deacon or inferior clerk baptize, or
enjoin penance, but only priests, except in absolute neces
sity, when the child or sick man are in the utmost danger of
death, and the priest is absent ; or if he be present, yet can
not, or foolishly will not do it. We charge that the 'vessels
in which any have been [so] baptized J be carried to church,
and there applied to some necessary use, and not to any
common purpose, out of reverence to the sacrament. We
charge that the fonts in which children are baptized be of
stone; or however, whole and decent, that they may occa
sion contempt or aversion in none, but be had in venera
tion by all.

a Lat. forma.

b This was the godfather or godmother's part§.

c It is evident that they who exposed children used to lay salt upon
them. Whether they intended by this to signify that they were or were
not baptized, I do not certainly find ; but it seems probable that they
meant thereby the child was baptized ; yet this was not allowed to be a
sufficient proof of it. I am persuaded that this was a constitution made
about this time, or perhaps never properly made, but only designed as a
rough draught ; or else this was a hasty ^transcript.

2. This is the same with the second of Walter Reynold,
A.D. 1322.

3. This is the same with the fourth of Walter Reynold,
aforesaid.

* [immersionem, W.] ' \ [casiilse quibus noviter baptizati

' f [et quod baptizentur expositi, induuntur, W., cassulse quibus noviter

de quorum baptismo probabiliter dubi- baptizati fuerint, Lynd. app. The

tatur, si inveniantur cum sale sive sine chrysoms or baptismal garments are

sale, quo casu ita dicatur : Si tu es clearly meant: see below, A.D. 1236.

baptizatus non te baptizo ; sed si non 13.]

baptizatus es, ego baptizo te in nomine § [See above, A.D. 785. 2. vol. i. p.

Patris, et Filii, et Spiritus Sancti, W.] 267 f-]

124 SUPPOSED CONSTITUTIONS [A. D. 1223.

4. This is the same with the eighth of Walter Reynold,
aforesaid, the last clause of the fifth is also added to the
word confession, or rather the whole ninth and tenth.

5. This is the same with the third of Walter Reynold,
aforesaid, but it wants the last clause.

6. This is the same with the seventh of Walter Reynold,
aforesaid, with a clause added against rural deans hearing
matrimonial causes : and though archdeacons and their offi
cials are permitted to hear them, yet none but the bishop
or his vicar to- determine them.

7. This is the first of Walter Reynold, aforesaid, save that
the particular crimes that disqualify for orders are not in
serted; and a clause is inserted before the last, requiring
rectors, commonly called parsons, to be subdeacons.

8. This is the seventh of Simon Mepham, 1330, with an
unintelligible clause added.

9. This is the eighth of Simon Mepham, aforesaid ; but it
does not require the procurator to be instituted.

10. Let tithes, both predial and other, be paid entirely
without difficulty or diminution, according to the canons.
And we grant to every d parish priest that they have power
of coercing the detainers of tithe within their parish, and of
excommunicating them if they are contumacious after ad
monition : and let no layman by any length of time claim
immunity from paying tithe, since according to the institutes
of the canons, no layman can prescribe in point of tithes :
let no deductions be made for expenses, especially in predial
tithes.

d The parish priest, who officiated under the rector or vicar, was a more
proper person to censure the people for neglecting to pay tithes than the
rector or vicar himself, who was a party. See Const, of Edmund, 35.
1236.

11. This is the tenth of Simon Mepham, 1330, together
with the conclusive clause of the fifty-first provincial consti
tution of Stephen Langton repeated.

[Post- It seems to me, that these constitutions are near as old as

script.] those of Stephen Langton, though not made by him. They
were plainly diocesan, and not provincial constitutions ; for
the seventh charges none to be ordained without " our" com
mendatory letters, &c., nor to execute their office "in our

A. D. 1223.] OF ARCHBISHOP LANGTON. 125

bishopric." Whereas in Walter Reynold's constitutions the
words are, " without letters from their own ordinaries," and
"within our province." And in Const. 11 you have these
words, " but by us, or our authority ;" whereas in the tenth
of Simon Mepham the words are, "by any one inferior to
a bishop." It is evident that Walter Reynold and Simon
Mepham use the provincial, these constitutions the diocesan
style. It seems probable to me that many constitutions
were first made in a diocesan synod, and then meeting
with approbation, were established by a provincial authority,
after proper alterations made in the words : and we shall
find that sometimes such proper alterations were forgotten
to be made. Yet there are some passages that may seem
to import that the constitutions in which they are contained
were provincial ; if so, we must pronounce them a confused
medley : however, the seventh seems to have been composed
about this time, because it requires that rectors be ordained
subdeacons. Afterwards, any clerk, though only in inferior
orders, might be rector though not vicar.

A.D. MCCXXIX.

PREFACE. ARCHBISHOP WETHERSHED'S CONSTITUTIONS.

RICHARD WETHERSHED, by some styled the Great, now sat
in the chair of Canterbury. There are in the Oxford copy
twelve constitutions ascribed to him. All but the last are
found in the constitutions of Richard, successor to Becket.
Lyndwood has but five of them, which he ascribes to Wether-
shed ; viz., the latter part of the first, the fifth, the ninth,
which is the eighth of Wethershed' s ; and the sixteenth of
Richard the first's, which is the eleventh of the second
Richard, and the last of Wethershed's. It is very probable
that those attributed to the former, and that are not in
the Oxford copy, nor in Lyndwood, were indeed published
by Wethershed. There can, I think, no doubt be made,
that the former did make constitutions in that synod 1175,
and that some of them ascribed to him are really his ; yet it
is impossible to distinguish which they are. But it is more
probable that Richard the second should cite Pope Alex
ander the Third's letter to Roger of Worcester, now when
both had been near fifty years dead, than that the first should
do it while they were both living. Pope Alexander's letter to
Roger in the decretals was A.D. 1177, after the first Richard's
council : and though he might have wrote to him before this,
yet this gives some umbrage to the contrary. It is more
credible that there were ten prefaces in the year 1229 than
in the year 1175; because Gratian's decrees confined the
number to nine, and mention not that in honour to the
Virgin, which makes the tenth preface, as they are reckoned
in the fourteenth of the constitutions aforesaid. The others,
or at least some of them, nay, all of them, excepting the
first and fourteenth of the first set, and the last of the last
set, might first be made by Richard, Becket's successor, and
be renewed by Wethershed.

A. D. 1229.] WETHERSHED'S CONSTITUTIONS. 127

The Constitutions Provincial of Richard Wethershed, pub- LATIN.
lished at Westminster. He was consecrated archbishop
of Canterbury A.D. 1229, in the fourteenth year of Henry
the Third, and the third year current of Gregory the Ninth.
He sat but two years.

THE seven first constitutions of the two Richards are the
same. See Sir H. Speiman, p. 103*. Oxford copy, p. 10.
The ninth, and twelfth, thirteenth and eighteenth of the first
Richard, are the eighth, and ninth, tenth and eleventh of the
second Richard : the twelfth here follows.

Under pain of anathema, we forbid any physician ato [Lynch,
give advice for the health of the body which may prove si/n0'
perilous to the soul, which is much more precious than the Speiman,
body. But when it happens that he is called to a sick man, p°206.

let him first effectually persuade him to call for the phy- J^}1^1118'
sicians of the soul; that when the sick man has taken p. 638 f.]
spiritual cure, he may with better effect proceed to the
bodily medicines. Let not the transgressors of this con
stitution escape the b punishment appointed by the council.

* Lyndwood instances in a physician's advising familiarity with women
for the cure of some ill humours, but denies any cures to be wrought by
this means, but what may be done by other methods.

b The punishment laid on physicians is a prohibition from entrance into
the church till they have made satisfaction, according to c. 22 of the
council of Lateran under Innocent the Third, from whence this consti
tution was taken.

* [ Wilkins, vol. i. p. 476. Speiman and four others calls them constitutions
and Wilkins give the constitutions of of Archbishop Richard.]

Abp. Richard, successor to Becket, as f [Speiman and Wilkins, as noted

above, A.D. 1175, but neither the above in the margin, give the above consti-

nor any of the others are by them tution concerning physicians, but as

attributed to Richard Wethershed. one made by Archbishop Eadmund,

Lyndwood in his gloss upon the above A.D. 1236, c. 34. See below, p. 141 f.j

A.D. MCCXXXVI.

PREFACE. ARCHBISHOP .EDMUND'S CONSTITUTIONS.

EDMUND EICH, called also Edmund of Abingdon, was ad
vanced to the see of Canterbury about two years before
this date : he was remarkable for his learning and piety,
and zeal for reformation of popish scandals, by which he
incurred the displeasure both of King Henry III. and the
pope : he continued archbishop eight years, but spent great
part of this time abroad, and at last died in a voluntary
exile; but was canonized for a saint above two hundred
years after his death. We hear nothing of the place where
the following constitutions were made, or who were present
at the making of them.

A.D. MCCXXXVI.

ARCHBISHOP EDMUND'S CONSTITUTIONS.

1. BY the power of the Holy Ghost, we in the first place LATIN.
strictly charge all ministers of the Church, especially priests, pL28.d''
diligently to examine themselves by the testimony of their Wilkins,
own conscience, in what state and for what end they entered ™635*.]
into orders. For we denounce them in general suspended
from their office who contracted an irregularity at the time
of their entering into orders, or before or since, unless they
are expressly dispensed with by athemt that have power to
dispense. We conceive them to be irregular as to the pre
mises J, who have committed b murder, or have been c advocates
in causes of blood §, simoniacs, transactors of simoniacal bar
gains, or who knowingly received orders from such as d were
under that blemish ^[, or that were ordained by schismatics,
heretics, or such as were excommunicated eby name, fsuch
as have been twice married, or married to such as were not
virgins, corrupters of nuns, excommunicates, such as get
orders eby stealth, 'sorcerers ||, burners of churches, 'and such
like**. For it is certain, according to the traditions of the
holy fathers, that they who being irregular do without dis-

* [" Constitutiones provinciates S. Ed~ omits executores servorum in publicis

mundi, Cantuariensis arcUepiscopi, circa administrationibus, W.]

annum Domini MCCXXXVI. ut videtur ^ [qui labe ilia infecti, ordines sci-

editas. Ex MS. Coll. Otho A, xv. fol. enter susceperunt, W.]

28, b. Collat. cum M. Lamb. n. 17 et '|| [et qui in susceptis taliter scien-

Eliensi, n. 235.] ter ministrare prsesumpserint. Item

t [&b e°> W.] sortilegi et maxime, qui dsemonibus

J [Ne autern ignorans ignoretur, immolaverunt, W. Here Lyndwood's

irregulares, qui secundum canones ab text has only ' sortileges.']

ordinibus prohibentur, et illos, qui dis- ' ** [omnes tales, nisi nostrum vel

pensationis gratia admittuntur, seriatim superioris super hoc requisierint con-

duximus per ordinem specificandos. silium, et requisitum habuerit, ab officii

W. Johnson's translation agrees with sui executione se noverint suspenses.

Lyndwood's text.] W.]

§ [Johnson with Lyndwood's text

JOHNSON. K-

130 EDMUND'S CONSTITUTIONS. [A.D. 1236.

pensation perform their ministrations, do it with presump
tion and danger.

a The constitution supposes that more than one had power to dispense
in this case. (I mean according to Lyndwood, for the other copies speak
in the singular number.) Yet it is a maxim with the canonists that no
one can dispense with irregularities but the pope. Yet Lyndwood thinks
that the bishop has power in many cases, especially as to inferior orders
and sinecures, though not to subdeacons, priests, and deacons, and bene
fices with cure. He seems positive that bishops may dispense for adultery,
and such crimes as do not hinder a priest from officiating, after he has
confessed, and done secret penance, and yet none but the pope can dis
pense with bastardy, want of some notable bodily member, or the irregu
larity incurred by performing divine offices while one is under suspension,
or other greater censure. It is evident that these irregularities were great
snares to the consciences of men who were nice and scrupulous ; they were
perplexities to lawyers, and none but the pope and his creatures reaped
any good from them.

b If the murder were utterly inevitable, no crime, no irregularity was
incurred : if the murder were wilful, the pope only could dispense, and he
himself could not do it without a strain : says Lyndwood, he could only dis-
1 [rather, pense if the necessity were inevitable1 : if he that committed the murder
evitable.] ^ jt jn iawful business, by chance, for want of care, or not for want of
care ; much more, if it were in unlawful business (as our Archbishop Abbot
killed a man in hunting, which was always forbidden to men in holy
orders) the pope only could dispense with the irregularity, so as to make
him capable of orders, if he were a layman ; or to restore him to the exer
cise of his function, if he were already ordained *.

c To be advocate for the defendant, especially if death did not follow,
was by some lawyers thought not to make men irregular, but Lyndwood
thinks it most safe not to go so far, for which he cites John Athene.

d A lobe ilia infectis, so Lyndwood read, as appears by his note.
Though all the copies have it infecti, yet the texture and coherence will
scarce bear that reading.

* [In the above note Johnson gives adhibuit omnem diligeiltiam quam po-

a confused account of a gloss of Lynd- tuit et debuit : quod si dederit operam

wood which is exact and clear : rei illicita?, sive adhibuit diligentiam,

Homicidas. Intellige de voluntariis sive non, est irregularis tarn quoad or-

. . et non solum de eis qui facto homi- dines suscipiendos quam susceptos. . .

nem occiderunt; sed etiam si eorum Et nota quod cum homicida voluntario

prascepto sive consilio hoc factum sit. solus Papa dispensat, quod potest, licet

. . Et idem intellige de his qui ratum cum difficultate hoc faciat. . . Item cum

habent homicidium nomine suo com- homicida ex necessitate evitabili solus

raissum. . . Et idem est, si homicidium Papa dispensat. . . In homicidio etiam

committatur ex necessitate evitabili. . . casuali, ubi non adhibuit diligentiam,

Secus si fuit omnino inevitabilis : narn sive dederit operam rei licitae, sive illi-

tunc nee quoad peccatum nee quoad citae solus Papa dispensat . . et hoc

irregularitatem imputatur : . . Consi- verurn quoad ordines sacros, ut ad eos

militer irregularis est qui casu occidit, promoveatur, vel in eis valeat minis-

ubi etiam dando operam rei licitae non trare. Provinciale, lib. i. tit. 5. p. 29.]

A. D. 1236.] EDMUND'S CONSTITUTIONS. 131

e Not by a general excommunication only.

f The pope himself, says Lyndwood, by his regulated power cannot dis
pense with such an one so as to make him capable of deacon's or priest's
orders, but only by the plenitude of his power ; but if he be ordained in
such a state, he can dispense with him as to the exercise of his function.
The bishop may dispense with him as to inferior orders.

B That is, without the bishop's knowledge or examination, says Lynd-
wood. This can scarce be supposed practicable, but on supposition of
vast numbers ordained by the same bishop at one time, which must
indeed have often happened, while there were probably ten times as many
clergymen in the nation as at present. If some one bishop, as he of
Lincoln, do now ordain twenty upon the same day, it may be justly
thought that in times of popery he might have occasion to ordain a
hundred and fifty, or perhaps two hundred, and so give an opportunity to
intruders ; especially if the bishop or his officers were not very exact in
their scrutinies, and see Const. 6. of Otto. But they are also by Lyndwood
said to be ordained by stealth who procured two or more orders in the same
day, or got superior orders per saltum without going through the several
degrees of the inferior orders. I should think they might be said to be
ordained furtive, by stealth, who forged their titles, or falsified their age ;
but Lyndwood says nothing of this.

2. hWe add our strict charge that all who take orders,
while they remain under an habitual impenitence for mortal
sin committed before*, or only for temporal gain, do not exe
cute their office till they confess to the priest.

h This and the two following constitutions are omitted by Lyndwood,
yet I cannot but judge this a most excellent admonition. The man who is
guilty in this respect ought, I conceive, to confess his sin not to a priest
only, but to all the world ; and so he will, if he considers what he has
done.

3. It hath been ordained in a general council, that clerks,
especially they in holy orders, who being suspended for their
incontinence, do yet presume to officiate, be not only de
prived of their ecclesiastical benefices, but for ever k deposed
for their double crime, that a temporal punishment restrain
them whom the fear of God doth not restrain. Let prelates
who countenance such in that wickedness be liable to the
same punishment, especially if they do it for the sake of
money or temporal gain. Therefore it concerns you, the
archdeacons, officials, and deans, to increase your diligence

* [qui in conscientia mortalis peccati prius perpetrati, W. Lynd. app. has
qui in constantia, &c.]

K 2

132 EDMUND'S CONSTITUTIONS. [A. D. 1236.

in proportion to the danger which attends them that are
guilty of neglect.

i Lateran, A.D. 1216. c. 14 *. The constitution of Edmund is almost the
same with that of the Lateran council.

k Deponantur in the editions of the Lateran council aforesaid, and in
Sir H. Spelman's copy ; not damnentur, as in the Oxford copyf.

4. Let priests' concubines be monished by the archdea
cons, and especially by the priests within whose parishes
they dwell, that they either marry, or go into a cloister, or
make their repentance as public as their crime. He who for
the sake of money or acquaintance neglects this wholesome
warning, shall be subject to the punishment now mentioned.
If these [women] can be brought to neither by monition,
after they have first been denied the kiss of ! peace and the
m bread blessed in the church, let them, and such as commu
nicate with them, be excommunicated, in order to be de
livered to secular justice, unless they repent.

1 Or rather of the pax, that is, a table with the crucifix painted on it ;
for the apostolical kiss of peace was not now in use.

m Bread that has had a prayer said over it, viz., that it may be for the
health of soul and body to the receiver.

[Lynd., 5. A great necessity of following peace lies on us, nmy
sons, since God Himself is the author and lover of peace,
who came to reconcile not only heavenly but earthly beings ;
and eternal peace cannot be obtained without temporal and
internal peace. We admonish and strictly charge °you, that
having ;peace, as far as lies in you, with all men, you exhort
your parishioners to be one body in Christ, by the unity of
faith and by the bond of peace ; that you compose all differ
ences that arise in your parish with all diligence, that you
solder up breaches, reclaim, as far as you can, the litigious,
and not suffer the sun to go down upon the indignation of
your parishioners.

n This seems to prove that the present constitutions are only a charge
from the archbishop to the clergy of his own diocese, or constitutions
published or made by him in a diocesan synod. Lyndwood might place

* [Cone. Later. IV. (Innocent III.), f [deponantur, W., from MS. Cott.
A.D. 1 215, cap. 14 ; Concilia, torn. xxii. Otlio A. XV. ; damnautur, MS. Lamb,
col. 1003. J et Eli.]

A. D. 1236.] EDMUND'S CONSTITUTIONS. 133

them among the provincial constitutions in honour to the prime see and
diocese, though he knew them to be only diocesan constitutions.

° The rectors, vicars, and other curates of churches, Lyndwood. This
was excellent advice to priests who had or might have such awe on the
consciences of the people as the popish clergy of this age, but would be
very unseasonably applied to the present English clergy, who rather want
friends to persuade the people to be at peace with them upon any terms.

6. We wholly forbid clergymen the ill practice, by which
all -that drink together are obliged to equal draughts, and he
carries 'away the credit who hath made most drunk, and
taken off the largest cups : therefore we forbid all forcing to
drink. Let him that is culpable be suspended from office
and benefice, according to the P statutes of the council, unless
upon admonition from his superior he make competent satis
faction. We forbid the publication of ^scottales to be made
by priests. If any priest or clerk do this, or be present at
scottales, let him be canonically punished"*.

p Lateran, 1216. c. 15 f-

q Scottales seem to have been public compotations at the charge of some
for the benefit of others. [See Spelman's Glossary on the word Scotala^\

7. Because some laymen, out of an heretical leaven, under
pretence of catholic piety J, endeavour to break a r custom
commendable in regard to the Church : now as we charge
no wicked exactions to be made on these occasions, so we
charge the pious and laudable customs to be observed, as it
has been ordained in a s council. Let not a corpse be de
ferred to be buried on account of the ifee. But after the
burial, if any thing be given, let it be accepted as an alms.

r The custom here meant is that of making oblations at weddings,
churchings, baptisms, burials. This is among the constitutions of Richard
Poore, bishop of Sarum, A.D. 1217. Sir H. Spelman, p. 141 §.

8 Lateran, 1216. c. 67, from which some sentences here are clearly tran
scribed, as in many of the foregoing constitutions.

* The fee is here called terragium in Sir H. Spelman's copy, and in
Richard Poore's constitution, p. 141 ; mutagium in the Oxford copy II*
Lyndwood passes by this constitution.

* [See- below, A.D. 1367. 2.] ^ [pro alteragio, W., pro interragio,
f [Concilia, torn. xxii. col. 1003.] MSS. L. et E. In the corresponding
J [puritatis, S. W. The Oxford copy part of Richard of Durham's constitu-

has 'pietatis.'] tions, Wilkins (vol. i. p. 575) has ' pro

§ [Wilkins, vol. i. p. 575, Constit. alteragio,' without any various reading.

Ricardi ep. Dunelm., A.D. 1220. See See below, A.D. 1237. 4.]
above, p. 127, note *.]

134 EDMUND'S CONSTITUTIONS. [A.D. 1236.

[Lynd., 8. Farther we forbid the selling of masses, and "charge
laymen and others to give or bequeath nothing in their wills
for x annals or trentals of masses : and we forbid any bargains
to be made by priests, or other transactors, directly or in
directly for this purpose. And we prohibit, under pain of
suspension, that priests do at any time burden themselves
with an immoderate number of annals, which they are not
able honestly to discharge, and therefore must hire at a cer
tain price mercenary priests, or else sell them to be performed
by others for their own acquittal.

u The constitution of Richard Poore says, let not laymen be forced to
give or bequeath, p. 141 *.

* Annals, or annuals, was a yearly mass said for a certain dead person
upon the anniversary day of his death ; trentals was thirty masses said
every day for a month together after the death of any person. Lyndwood
observes that in some copies it is triennalilus ; and so Sir H. Spelman's
copy has it. This imports masses said every day for three years together.
If, says Lyndwood, the particle ' for' do imply exchange, appreciation, or
bartering one thing for another, then this constitution proceeds rightly :
but if it imply only the regard and devotion which the testator has to the
sacrament, then the constitution will not hold. Archbishop Edmund was
a man of very scrupulous notions, and I am of opinion that Bishop Lynd
wood, with all his distinctions and evasions, could not reconcile this con
stitution to the old and present practice of the Romish clergy.

[p. 247.] 9. Let baptismal fonts be kept under lock and key for
[fear of] y sorcery, as also the * chrism and the holy aoil.
If he who has the charge of them be negligent in this point,
let him be suspended from his office for three months. And
if any wickedness have happened through his neglect, let
him be liable to greater punishment.

y This was some vulgar superstition, which, says Lyndwood, is better
concealed than explained.

1 For anointing children in baptism.
* For extreme unction.

[P. 211.] 10. In every bbaptismal church let there be a baptistery
of stone, or, however, one that is c sufficient, handsomely
covered and reverently kept, and not used for any other
purposes. Let not the water in which a child has been bap
tized be kept in the baptistery above seven days. If a child

* [So Wilkins in the place last cited.]

A. D. 1236.] EDMUND'S CONSTITUTIONS. 135

in case of necessity have been baptized by a layman at home,
let that water, in honour to baptism, be either thrown into
the fire, or carried to church in order to be poured into the
baptistery; and let the dvessel [in which baptism was per
formed] be burnt, or deputed to the euse of the church.

b That is, all churches that have lay people belonging to them, as col
legiate and conventual churches had not. Some chapels, or lesser depen
dent churches, had not the right of baptism.

0 Large enough for dipping such as are baptized in it, says Lyndwood.

d Here Lyndwood intimates that the vessel must be large enough to
have the child dipped in it. And that it ought to be thrice dipped,
though he makes neither of these particulars essential to baptism.

e For washing the church linen, says Lyndwood.

11. Let the priest always diligently enquire of the layman, [Lynd.,
who has baptized a child in case of necessity, what he said, p> 242'^
and what he did ; and if he find by full evidence that he did
clearly perform the baptism in the form of the Church, let

him approve the fact, whether he did it in Latin, French, or
English; but if not, let him baptize the child as ought to
be done according to the form of the Church.

12. We charge that f deacons presume not to administer [p. 243.]
penances or baptism, but when the priest is not able, or not
present, or stupidly unwilling, and death is imminent to the

child or sick person. But if a child be baptized by a layman,
let gwhat goes before the immersion, and what h follows after,
be fully supplied by the priest.

f Not only deacons but laymen might not only baptize but hear con
fessions in case of necessity, causa 33. q. 3. c. 85. Lyndwood says a
woman might do either ; though none but the priest could absolve.

5 That is, the exorcisms and catechisms, says Lyndwood ; by the latter
he means the questions put to the child baptized, viz., "Dost thou re
nounce," &c.

h That is, the chrism, the putting on the chrysom, or white garment,
and the delivery of the wax-candle, says Lyndwood.

13. Let the ^hrysoms be made use of for the ornaments [p. 33.]
of the church only; let the other ornaments of the church
which have been k blessed by the bishop be applied to no com
mon use. And let the archdeacon in his visitation diligently
enquire whether this be observed.

136 EDMUND'S CONSTITUTIONS. [A. D. 1236.

: * See the foregoing note ; chrysoms might be used for the making or
mending surplices, amits, albs ; or the wrapping up the chalices, covering
the crosses, &c.

The altar-cloths, &c., were to be blessed by the bishop. See de Con-
seer, distinct, i. c. 46.

[Lynd., 14. If it be certain that the woman in childbirth is dead,
P. 307.] iet her be icut Open -n case fae child be thought to be alive ;

but let care be taken that the m mouth of the woman be held

open.

1 If the mother were not cut open there are two seeming ill conse
quences, says Lyndwood : one, that the child would be murdered ; an
other, that the child, though unbaptized, would be buried in the holy
ground with its mother ; and though doctors differ as to this last point,
yet Lyndwood allows if it be certain that the child is alive, that the
mother ought to be cut up.

m For fear the child die for want of breath, says Lyndwood ; such was
the philosophy of this age.

[ib.] 15. Let n women be admonished to nurse children with

caution, and not lay them near themselves by night, while
they are young, lest they be overlaid ; nor leave them alone
in a house where is fire or water, without one to look after
them ; and let them be reminded of this every Lord's day °.

1 Mothers and fathers too had great reason to be careful in this point ;
for they who had been the occasion of their children's death were obliged
to a very severe penance ; in some cases they were obliged to go into a
monastery, in others to do penance for three years ; and even seven years,
if any sin, as for instance drunkenness, were the occasion of their overlay
ing their children.

0 Here follow in Sir H. Spelmau's copy three constitutions of Archbishop
Sudbury, and a fourth, the same with the twelfth of Archbishop Walter * ;
this last is also in the Oxford copy. Richard Poore, bishop of Sarum, has
also the two following constitutions, p. 145.

[20. w.] 16. The priest at confession is to have his face and eyes
pL328d'] lookinS towards the ground, not in the countenance of the
penitent, especially if it be a P woman ; and let him patiently
hear whatever she says, and support her in the spirit of lenity,
and persuade her by all ways and means to make a full con
fession; otherwise the confession is none at all. Let him en
quire after usual sins, but not after unusual, unless it be at

* [Wilkins gives the next four constitutions as Spelman.]

A.D. 1236.]

137

a distance, and indirectly ; that such as know may be put
into a method of confessing, and such as do not know may
not have an opportunity of learning to sin. Let not the
priest ask the names of the persons with whom the penitent
hath sinned; but after confession he may enquire whether
he were a clerk or a layman, a monk, priest, or deacon ; and
let the greater crimes be reserved [to be confessed] to ^ supe
riors ; such are murder, sacrilege, sins against nature, incest,
deflowering of virgins and nuns, laying violent hands on
parents and clergymen, breach of vows and the like. But
there are cases in which the r pope alone, or his legate, has
power of absolving. Yet at the hour of death absolution is
to be denied to none ; but upon a condition that they present
themselves to the apostolical presence if they recover; yet
they who are guilty of such crimes are always to be sent to
the bishop, or his penitentiary. sAnd let the persons thus
sent bring with them letters containing the quality and cir
cumstances of the sin ; or let the priest come with them, else
let them not be admitted.

p The woman, says Lyndwood, shall kneel or sit at the confessor's feet,
and of one side of him.

q By a constitution attributed to Archbishop Langton (but which seems
to me of a later date) in the Oxford copy, p. 10, sins reserved to the
hearing of superiors are, public usury, burning of houses, false witness,
forswearing upon what is holy to the benefit or damage of others, sorcery,
forging of seals or charters, coining false money, obstructing of testaments,
committing crimes for which men are actually under the sentence of the
canon, striking clerks, treason, heresy, simony, subposition of children to
the disinheriting of others, overlaying children, procuring abortion by po
tions, or smothering a child after it is born, suffering a child by neg
ligence to fall into the fire or water, laying violent hands on parents,
sodomy, mortal treachery against one's lord, sacrilege, notorious adultery?
and manifest breach of faith. If a man is excommunicated by any one
that is not his bishop, he should be sent to him, or desire letters to him
from his superior, in order to procure absolution.

r Cases reserved to the pope or his legate, are, says Lyndwood, laying vio
lent hands on clergymen or monks in a cruel manner, burning of churches,
falsifying the pope's bull, or using a bull so falsified, communicating with
one excommunicated by the pope, or partaking with him in his crimes, &c.
Of old the priest's blessing a second marriage was a crime of the same na
ture, but the bishop dispensed with this in Lyndwood's time.

8 This is unnecessary, says Lyndwood, for the bishop is priest to the
whole diocese.

138 EDMUND'S CONSTITUTIONS. [A.D. 1236.

[21. w.] 17. 'Let there be two or three men in every deanery who
P^277.] nave ®°& Def°re tneir eves; to denounce the public excesses
of "prelates or other clergymen, at the command of the arch
bishop or his x official.

1 This constitution increases niy suspicion that the archbishop intended
all these rules for his own diocese only : if, as Lyndwood supposes, this
constitution related to the whole province, certainly some notice would
have heen taken of the suffragan bishops, and the informers directed prin
cipally to denounce their excesses to the primate. All Lyndwood's diffi
culties on the text of this constitution vanish on supposition that it con
cerns the diocese of Canterbury only.

u R[ichard], bishop of Sarum, and R[ichard], bishop of Durham, ap
pointed such inquisitors in their dioceses, almost in the same words,
Spelman, vol. ii. p. 145, 170*.

x The archbishop's official had the immediate jurisdiction in the diocese,
as well as the metropolitical jurisdiction through the whole province, till
Archbishop Winchelsey, above sixty years after this, created a commissary
for the diocese of Canterbury.

[22. W.] 18. We forbid any man to detain a ypledge after he has
^160 1 rece^ve^ tne Principal out of the profits, after a deduction of
expenses : for that is usury.

y The pledge in this case must be supposed to be lands, cattle, she-
slaves, or the like fruitful things.

[23. w.] 19. Let sorcerers2, such as invoke the help of devils, such
as abuse sacraments, and sacramentals, or convert them to
profane uses, incendiaries, rappereesf, such as maliciously
obstruct the executions of reasonable testaments, be gene
rally with solemnity excommunicated on three of the greater
feasts every year.

z The three following constitutions are not in Lyndwood, but are found
in those of Richard Poore, bishop of Sarum, p. 146, and 148 J.

[24. W.] 20. That ecclesiastical censure may not grow into con
tempt, we charge, that all who knowingly communicate with
such as are publicly and by name excommunicate, be laid
under the same sentence §, till they repent, saving the tenor
of the canon a.

* [Wilkins, vol. i. p. 578; see above, i. p. 578-80.]

p. 127, note *.] § [For a more exact wording of the

[raptores publici, W.] rule and references, see Wilkins, vol. i.

[Spelman, vol. ii. ; Wilkins, vol. p. 637, and note a.]

A. D. 1236.] EDMUND'S CONSTITUTIONS. 139

a That is, causa 11, qusost. 3. c. 103, all such are there excepted who
converse with excommunicates through ignorance, fear, or necessity.

21. We add, that when the eucharist is to be carried to a C25- w-]
sick man, the priest have a clean, decent box, and in it a

very clean linen cloth, in which to carry the Lord's Body
to the sick man*, with a little bell going before, to stir up
the devotion of the faithful by its sound, and let the priest
go on this occasion with his stole, and in his surplice, if the
sick man be not too far distant f. And let him have a silver
or tin vessel, always to carry with him to the sick, appro
priated for the special purpose, that is, for giving the wash
ings of his fingers to be drunk [by the sick manb], after the
taking of the eucharist J.

b JEgro is not expressed in this decree of Archbishop Edmund, but it is
in that of bishop Poore, from which it is transcribed, and is necessarily
implied here. Horrible indignity to God and man ! to take the sacra
mental cup from the people, to which God had given them a right, and
instead thereof to give them the washings of the priest's hands.

22. Our will is, that this constitution be inviolably ob- [26. w.]
served ; that if the rector of a church die, and leave [his

c church without proper priestly vestments, or books, or both,
or] the church houses ruined or decayed, such a portion be
taken from his d ecclesiastical goods as may be sufficient to
make good and supply these defects of the church. We
ordain the same concerning those vicars who, upon paying
a moderate pension, have the whole profits of the church.
For since they are bound to the aforesaid reparations, such a
portion ought to be reckoned amongst the debts. But let
a reasonable regard be had to the value of the church in
setting out this portion.

0 The words enclosed are only in the Oxford, and Sir H. Spelman's
copy. An annotator to the Oxford copy observes that vestments were

* [Johnson omits linteo mundo su- charistia, sicut diximus, vadit ad ae-

perposito, et lucerna prascedente, nisi grotum, et si aeger remotus non fuerit,

seger valde remotus fuerit, et cruce si- in superpellicio decenter ad ipsum ac-

militer, si fieri potest, nisi crux fuerit cedat. W.]

ad alium aegrotum deportata, "W". quod J [Ut in eo aegro dare valeat, post

hie dicitur de dilatione crucis hodie sumptam eucharistiam suorum loturam

non servatur, E.] digitorum, W. Compare above, A.D.

' f [Habeat quoque secum sacerdos 1222. c. 6.]
orafium sive stolam, quando cum eu-

140 EDMUND'S CONSTITUTIONS. [A. D. 1236.

not in his time to be found by the rectors, and he cites Archbishop Win-
chelsey's constitution to this purpose*. This was perhaps the reason
that Lyndwood omits the words aforesaid in this constitution.

d Lyndwood here queries whether such defects are to be made good out
of the paternal estate of the predecessor in case his ecclesiastical goods are
not sufficient : and answers, yes, if he hath improved his paternal estate
out of his ecclesiastical revenue, or hath neglected the concerns of the
church through an immoderate regard to his own interest. Upon this foot
the predecessor leaving a paternal estate only is not subject to dilapida
tions.

[27. w.] 23. Let no rector of a church subject to us epresume to
^23 V se^ ^e tithes °f hi§ cnurcn n°t yet become due, before the
Annunciation of the Blessed Virgin ; from which day the
fruits of custom ought to go for the paying of the debts
and legacies of the rectors, though they die before the fruits
become duet.

e But what if the dying rector do presume to sell the fruits of the fol
lowing autumn, says Lyndwood, is the sale good ? He inclines, that it
is not good, as being contrary to this constitution : but he refers to several
doctors that were against him. This is likewise taken from the constitu
tion of Richard Poore, p. 149, 1 50. There was a like constitution made
by Richard, bishop of Durham., some time before this. See Sir H. Spel-
man, vol. ii. p. 175+. But, by a constitution of Peter Q,uevil, bishop of
Exeter, A.D. 1287, if the incumbent lived to the first Sunday in Lent§
he might give the tithes of next harvest, ibid., p. 389. In the diocese of
Winchester it was necessary that the rector lived till Maundy Thursday,
ibid., p. 451, 452 If.

[28. W.] 24. As it has been forbidden in a f council, so we forbid
any pension, great or small, to be given to any one fraudulently
out of the profits of a church. And because fraud and
simony used to be committed in relation to such pensions,
therefore we to obviate such evils, 'do sometimes take an
oath both of the presenter and the presented, that no un
lawful promise or bargain hath been made||.

f The Lateran council is cited for this saying in a decretal of Innocent

* [A like note is given from MS. E. ^j [Wilkins, vol. ii. p. 297.]

by Wilkins, who notwithstanding has || [Prsesentantis e^praesentati prae-

the ahove enclosed words in his text.] cipimus interdum juramentum, quod

f [This agrees with Lyndwood's nee promissio nee pactio illicita inter-
text ; in Wilkins several words are venerit et quod ecclesia non debet am-
omitted.] plius obligari, quam prius fuit obli-

$ [Wilkins, vol. i. p. 580.] gata. Similiter inhibemus ne quis,

§ [Rather the Sunday in Midlent ; qui prius ecclesiae fuit persona, in ea-

see Wilkins, vol. ii. p. 157.] dem ecclesia fiat vicarius. W.]

A. D. 1236.] EDMUND'S CONSTITUTIONS. 141

the third, Decretalium, 1. iii. t. 10. c. 9. ' The editors in the margin say the
seventh chapter of the Lateran council, 1179*, under Alexander the Third
is here meant, yet that does not fully come up to the point.

25. We admonish rectors of churches that they do not [29. W.]

endeavour to remove annual chaplains without reasonable [

p. 810.1

cause, especially if they are of honest life, and have a lauda
ble testimony of their conversation.

26. If scandal arise by reason of the incontinence of a [30. W.]
parish priest, since the rector ought to be very watchful in ^JJ1^
this point ; if therefore we come to the knowledge of it by
common fame, or enquiry, earlier than the denunciation of

the rector, then he shall be punished, as conscious, at the
discretion of his superior. We pass the same sentence as
to perpetual vicars : 'and we decree both parsons, that is,
rectors and vicars, and also parish priests t to be severely
punished, unless they be very vigilant in denouncing the
excesses, of this sort especially, for which clerks are found
remarkable.

27. Let the priest often caution the people, and forbid [31. W.]
under pain of anathema any married person to enter into
religion, or to be received, but by ourselves, or our licence.

28. Let the priest warn women not to make vows, but [32. W.]
with great deliberation, or the consent of their husbands, LLyn^-»
and the advice of a priest who is capable of giving them
counsel.

29. We charge that laymen be often forbid to make their [33. W.]
wills without the presence of a parish priest, as they desire

that their wills be fulfilled : we also forbid priests to make
their wills by a lay hand J.

30. That is no marriage where there is not consent of [Lynd.,

272 ~\

both parties, therefore they who give girls to boys in their p'
cradles do nothing, except both of them consent after they
come to years of discretion. We therefore by this decree
forbid any to be married for the future, before both are come
to the sage appointed by laws and canons, unless in case of
h urgent necessity for the good of peace1.

* [Cf. Concil., torn. xxii. col. 221.] physicians is given instead of that on

' f [et tarn personas, et biennios, marriage both by Spelman and Wil-

quam annuos sacerdotes, W. ; rectores, kins, who nearly agree throughout this

addit E.] series.]
% [The constitution concerning

142 EDMUND'S CONSTITUTIONS. [A. D. 1236.

* The age for espousals is seven in both sexes ; for finishing the con
tract, twelve in the female sex, and fourteen in the male.

h Who is judge of this necessity ? The diocesan, without whose licence
they ought not to make contracts or dissolve them.

1 Here follows in Sir H. Spelrnan's copy Archbishop Wethershed's con
stitution concerning physicians *.

[35. W.] 31 kBecause too great diversity of religions brings confu-
P. 2iV] si°n in*° the Church of God, we charge that they who will
found a new [religious] house or hospital, take from *us the
rule and institution of it ; that they [who are to be received
into it] may live regularly and religiously ; mand we strictly
forbid any men or women to be made close recluses anywhere
without special licence of the diocesan, who is to judge of
the places, the manners, the quality of the persons, and the
means by which they are to be maintained. And let no
secular persons by any means sojourn in their houses with
out a manifest and honest cause f.

k The beginning of this constitution is taken from Lateran council
1216, c. 13 1, where the pope reserves to himself the institution of new reli
gions, that is, new orders of monks, friars, and recluses of all sorts ; the
archbishop in this claims the inspection of religious houses to be built
anew, that they might be ex approbatis, as the canonists speak, that is,
that their rule of life might be one of those that was already approved by
the pope. And hospitals were always under the inspection of the bishop.

1 From the ordinary of the place, says Lyndwood, but I follow the two
other copies §. Lyndwood seems to alter his text upon a supposition that
this was a constitution for the whole province ; whereas it was more pro
bably intended for his diocese only.

u What follows is in Lyndwood only. By the close recluses Lyndwood
understands hermits and anchorites ; but sure there never were any women
of this sort ; and the following words suppose them to dwell in monas
teries. And farther, Lyndwood says, some read sociis for locis, and there
fore could not understand hermits to be here meant.

32. At the celebration of mass, let not the priest, when he
is n going to give himself the host, first kiss it; because he
ought not to touch it with his mouth before he receives it.
But if (as some do) he takes it off from the °paten, let him
after mass cause both the chalice and paten to be rinsed in
water, or else only the chalice, if he did not take it from the
paten. Let the priest have near to the altar a very clean

A. D. 1236.] EDMUND'S CONSTITUTIONS. 143

cloth, cleanly and decently covered, and every way enclosed
to wipe his fingers and lips after receiving the sacrament of
the altar*.

n Pacem daturus, says Lyndwood, and he speaks in such a manner as if
the holy kiss were used in these ages, and that the priest began it by kiss
ing some man : the time of doing this was just before the priest's receiv
ing, whether the kiss were given to a man or to a picture, therefore Lynd-
wood's reading, and that of the other, differ in words only. Why it was
forbid the priest to kiss the host before he gave the pax I know not, ex
cept it were that it was a new voluntary ceremony ; if so, it were to be
wished that all bishops from the beginning had been as careful to forbid
them as our archbishop was. Perhaps the priest was forbid to kiss the
host, lest some small particles should stick to his lips, and afterwards in
sensibly drop on the ground.

0 Without taking it up in his fingers, and so putting the paten to his
mouth, as most of the religious do, says Lyndwood f .

33. Let the priests admonish women that are big of child [37. w.]
in their parish, that when they apprehend the time of their [Lynd.,
delivery to be at hand, they take care to have water in a P' 53'^
readiness for baptizing the child, if necessity require. And

let them confess to the priest on account of their imminent
peril, lest being seized on a sudden a priest be not to be had
when they desire it. [pAnd in some places they also receive
the eucharist, which is a laudable practice J.]

p This is only in the Oxford copy, and seems to be an annotation.

34. It is provided by the sacred council, that if patrons, [38> w<]
advocates, q feudatories, or rvidoms§ presume to kill or maim [Lynd.,
a rector, vicar, or clerk of that church [in which they are P' 3°7^
interested] either by themselves or by others, that then the
patrons wholly lose their patronage, the advocates their ad-
vowson, the feudatories their feofment, and the vidoms the
vidomship, [sto the fourth generation1.] And let not the 1 [so, w.]
posterity of such be received into any college of priests [Ho

the fourth generation2] nor have the honour of a prelacy 2 [om. w.]
in any house of regulars. And we will often have this de
nounced in churches".

* [sacrament! salutaris, W.] J [et in quibusdam locis tune su-

f [Quidam faciunt. Maxime religiosi munt eucharistiam, addit E.]

aliqui, licet non omnes. Provinciale, p, § [seu vicem gerentes alicuius do-

235.] mini, W.]

144 EDMUND'S CONSTITUTIONS. [A. D. 1236.

i Such as hold lands in fee of the church, says Lyndwood, otherwise I
should have supposed that it signified such laymen as had churches and
tithes granted them in fee, on condition that they found a priest to

officiate.

< Lyndwood supposes these to be the same with patrons* : else I should
have been of opinion that they were the heirs of such as founded religious
houses, and claimed a right or interest over their estates and the churches
belonging to them, or the proxies of such heirs. But the truth is, this
whole constitution is b*it part of c. 45 of the Lateran council, 1216f. And
we are not to wonder if these foreign terms are not exactly adapted to the
English laws and customs.

8 This is not in Lyndwood, but in the other two copies, save that Sir H.
Spelman has denunciationem for generationem.

1 This is only in Lyndwood.

u Here follows, in Sir H. Spelman and the Oxford copy, the constitu
tion of Walter Reynolds, concerning confirmation J. The two constitutions
here following are not in Lyndwood.

[40. w.] 35. As to tithes, we command them to be paid of all things
which are yearly renewed, to the churches to which they are
due, especially those which are due by the law of God, and
the approved custom of the place ; and so that the churches
be not defrauded of the tenth part on account of the wages
of servants or harvesters. And we grant that the detainers
of tithes, if upon a third admonition they do not reform their
error, be struck with anathema by the x chaplains of the
places till they make fit satisfaction. And when they who
detain or steal tithes come to shrift, let them not be ad
mitted, unless they make satisfaction to the priest to whom
the tithes are due by themselves, or by the hands of their
priest [to whom they confess.] § And let predial and other
tithes be paid without difficulty or diminution in an entire
manner, according to the institutes of the canons. And we
grant that ^parish priests have power of censuring the de
tainers of tithes in their parishes, and of excommunicating
them if they are contumacious, and do not reform upon ad
monition. And let no layman by any length of time claim
to himself an immunity against paying tithes, since a lay-

* [Vicedomini. Vicedominus poni- has this title:

tur quandoque pro patrono .... quan- 39. De confirmatione puerorum et

doque pro vicario in temporalibus ge- de his qui eos tenere debent.]

nerali. — Provinciale, p. 307.] § [nisi per se vel per manum sacer-

t [Concilia, torn. xxii. col. 1030.] dotis sui, ei, cui decimae debentur, sa-

J [The next constitution in Wilkins tisfaciant competenter.]

A. D. 1236.] EDMUND'S CONSTITUTIONS. 145

man, according to the institutes of the canons, cannot pre
scribe [against] tithes7'.

x By chaplains I understand curates substituted by the non-resident
incumbent.

y By parish priest is, I suppose, meant priests who served cures under
resident incumbents. Chaplains and parish priests are ordered to pass
these sentences, that the incumbent might not be judge in his own case.

* Here follows a long note of a lawyer in both copies *.

36. Upon terror of anathema we forbid any constable of a [41. w.]
castle, or forest, or the bailiff of any potentate, to invade the
possessions of clerks, religious, or any other persons, or to
molest them with any unjust exactions or oppressions. If

any contrary to [our liberties and] this prohibition, to the
loss of his own salvation (which God avert) do offend herein,
and not amend upon admonition, we charge that their lands
be forthwith laid under ecclesiastical interdict by the arch
deacon: if after that, they being hardened return not to
amendment, let them be excommunicated with bells tolling
and candles lighted after a canonical admonition first given.
And our will is, and we strictly charge, that archdeacons and
their ministers give mutual assistance to each other when
they are required to it by such as put this in execution f.

37. We suspend those from the exercise of their orders [Lynd.,
who were not born in lawful matrimony, and were ordained p> 26'-'
without a a sufficient dispensation, as also those who were
ordained by such as were not their proper bishops, without

the licence of those that were their proper bishops or b pre
lates, till they have obtained such dispensation. And we
decree, that they who when they were ordained were con
scious to themselves of their being in mortal sin formerly
committed, or who took orders only for temporal gain, do
not exercise their office, unless they are first cleansed from
this sort of sin by the sacrament of penance.

a The pope only, says Lyndwood, can dispense as to the superior orders,

* [The same note upon the excom- f [Here end the Constitutions of
munication of notorious detainers of Edmund both in Spelman and Wil-
tithes is in Wilkins, vol. ii. p. 6-39.] kins.]

146 EDMUND'S CONSTITUTIONS. [A.D. 1236.

the bishop as to the inferior : and the pope's or bishop's knowingly ordain
ing such a person, was a sufficient dispensation, in Lyndwood's opinion,
though other doctors were of another sentiment.

b This is said in relation to religious houses, exempt from the bishop's
jurisdiction, whose prelates could give them letters to go to what bishop
they pleased for ordination.

A.D. MCCXXXVII.

PREFACE. LEGATINE CONSTITUTIONS OF OTTO.

KING Henry the Third being none of the most sagacious
or constant princes, invited Otho, or Otto, deacon cardinal,
to come over into England, as legate a Mere from Pope
Gregory the Ninth, without the consent of the great men,
and to the great resentment of Edmund, archbishop of Can
terbury*, and to the grief and concern of the main body of
the English nation. Yet many went as far as Paris with rich
presents to meet and ingratiate with him.

Otto's behaviour was very engaging, especially because he
did not seem so greedy of money and bribes as Roman
courtiers generally were ; and he reconciled some animosities
between persons of great honour and dignity. The king
doted on and even adored him : he met him at the sea-side,
and bowed his head down to the legate's knees, declaring
that he would do nothing in point of government without
consent of the pope or legate.

The clergy stomached the coming of this legate more than
the rest of their countrymen ; especially because he took
upon him to bestow all vacant benefices and dignities on his
own followers, and threatened the pluralists and such as were
illegitimate with deprivation.

The king carries the legate with him to York, whither he
called an assembly of the great men to meet him and the
legate. The king of Scots also came thither, and by Otto's
means a peace was concluded betwixt the two crowns. The
legate shewed an inclination to accompany the king of Scots

* [Dictum est autem, quod archi- Paris. Hist. Angl., sub A.D. 1237. All

episcopus Cantuariensis Edmundus re- the history contained in Johnson's pre-

gem talia facientem increpavit, prae- face is taken from the same source,

cipue de vocatione legati, sciens inde whence long extracts are also given by

in suae dignitatis prsejudicium, mag- Spelman and Wilkins as an introduc-

nam regno imminere jacturam. — Matt. tion to the constitutions.

148 PREFACE.

in his return home ; but King Alexander was of a contrary
temper to our Henry, and told him, "That there was, God
be thanked, no occasion for a legate in Scotland ; that there
had been none there in time of his ancestors, nor would
he himself endure it. Have a care/' says he, " how you
come into my country, the inhabitants of Scotland are
savages, nor can I myself restrain their thirst after blood ;
they lately intended to drive me out of my kingdom." Yet
a kinsman of the legate stayed some time with the king of
Scots, and received some favours from him.

Some of our noblemen as well as bishops fawned much
upon the legate. Peter, bishop of Winchester, when he un
derstood that Otto was to pass the winter in England, sent
him fifty fat oxen, a hundred quarters of the best wheat, and
eight pipes of the strongest wine. The cardinal had made
up a breach between him and some men of note.

But what I am chiefly to observe is, that the legate sum
moned the archbishops and bishops to a national council to
be holden at London on the octaves of St. Martin. They
came at the time appointed, tired with a long journey, terri
fied with a tempest which then happened. On the first day
the legate did not appear in council*; but at the bishops'
request the decrees intended to be passed were privately
communicated to them. The next day the legate appeared
with great pomp, sitting on a lofty throne erected with great
timbers at his own direction, the archbishop of Canterbury
on his right hand, of York on his left. For though the latter
renewed the old claims of his see, yet to no purpose, though
the legate rather evaded than determined the question.
There were at the cardinal's request two hundred armed
soldiers and servants placed privately by the king's com
mand, to guard the legate against insults, and three earls
and some of the king's retinue attended him to and from the

* [Non comparuit legatus, quia epi- suarum dominus rex commodaverat :

scopi rogaverant eum, ut ea die daretur timebat enim valde sibi, eo quod dice-

eis copia inspiciendi qu<e proposuit batur, eum nimis velle desaevire in eos,

statuere, et secum super his deliberare, qui plura habebant beneficia, et prse-

ne aliquid in praejudicium eorum sta- cipue in illegitimos. Matth. Paris, sub

tuere attentaret. Altera igitur die con- anno, quoted by Spelman and Wilkins.

stitutis in secretis et abditis locis mill- The same reason is afterwards given

tibus armatis et servientibus circiter for the attendance of the two earls and

ducentis, quos ei ad instantiam precum some of the king's retinue.]

PREFACE. 149

council. Yet a prohibition was sent from the king on the
second day to inhibit the council from enacting any thing
against the king's crown and dignity*. The same day the
archdeacon of Canterbury read the authentic instrument of
Otto's legation publicly in council ; and at the king's request
a bull was then also read for keeping the feasts of St. Ed
ward, and by the pope's command the canonization of St.
Francis and St. Dominic was there also notified.

And whereas a notion prevailed that legatine constitutions
were of force only during the stay of the legate, the secre
tary of Otto read a decretal of the present pope declaring the
contrary. See Decretal., lib. i. tit. 30. c. 10.

The legate opened the synod by lifting up his voice like a
trumpet, says the historian, with the words of the Prophet
Ezekielf, " In the middle of the throne and round about were [Ezek.
four animals full of eyes behind and before," which he con- fv; f^v
sidered as an emblem of episcopal care and circumspection •
and after he had finished his discourse, he caused the follow
ing decrees to be read.

* [Et appellatum est ex parte Ebo- vidit, a dextris figuratur. Bead enim,

racensis pro jure suo, quod sibi vendi- qui non viderunt, etc. Sic dominus

cabat. Lecto igitur solenniter, evan- Cantuariensis, totius Angliee primas,

gelio, scilicet "Ego sum pastor bonus," et, qui prseest antiquissimae ac nobi-

sicut moris est, dictisque collectis pro- lissimae ecclesise Cantuariensi, necnon

priis ab ipso legato, et cantato " Veni et Londonensi, qu<e est S. Pauli, non

Creator Spiritus," appellatoque ab Ebo- sine ratione a dextris est collocandus."

racensi, ut dictum est, sederunt juxta Et extunc sequentibus diebus sedit

legatum duo archiepiscopi, Cantuari- Cantuariensis a dextris, Eboracensis a

ensis a dextris, Eboracensis a sinistris, sinistris. Secundo autem die concilio

quibus dixit legatus, volens ipsam con- jam incepto, missi sunt ex parte do-

troyersiam pacincare, neutrius tamen mini regis comes Lincolniensis Joban-

juri derogando : " In bulla domini pa- nes, et Johannes filius Galfridi, et Wil-

pae stat imago Pauli a dextris crucis in lielmus de Raele, canonicus S. Pauli,

medio bullae figuratae, et Petri a sinis- ut dicto legato ex parte regis et regni

tris ; nulla tamen inter tantos sanctos inhiberent, ne ibi contra regiam coro-

est orta unquam contentio, ambo enim nam et dignitatem aliquid statuere at-

sunt in coaequali gloria. Veruntamen tentaret. Et remansit ibi, ut hoc ob-

propter Petri Clavigeri dignitatem, et servaretur, Willielmus de Raele, in-

apostolatus principatum, necnon et ca- dutus cappa'canonicali et superpellicio,

thedralem dignitatem, cum prioratu vo- aliis recedentibus.— Matth. Paris, Spel-

cationis, merito a dextris crucis ejus man, Wilkins.]

imago collocanda videtur. Sed quia f [The authority is not named by

Paulus credidit in Christum, quern non Matthew Paris.]

A.D. MCCXXXVII.

LEGATINE CONSTITUTIONS OF OTTO.

[Mat. A COUNCIL of all England holden at London in the church

anan!sirV of St. Paul on the morrow after the octaves of St. Martin,
Speiman, ^ j) 1337^ in the twenty-first year of the reign of Henry
P°218. the Third, aOtto, legate-cardinal of St. Nicholas in careers
^J1]f ns> Tulliano, legate of Pope Gregory the Ninth, the archbishops
P. 647.] Edmund of Canterbury and Walter of York sitting with him,
as also the other bishops of England, &c.

a It was, I suppose, this same Otto who came legate twelve years be
fore, when his business was to obtain for the pope two prebends in every
cathedral, two places for monks in every monastery. But the whole realm
assembled in parliament rejected this unreasonable demand*.

[Mat. Pa- Because holiness becomes the house of God, and it is said

j.S Athra', °y tne Lord to His minsters, « Be ye holy, for I the Lord

P.3 ] your God am holy," the craft of the enemy of mankind is

Speiman, busy to lessen and destroy sanctity and reformation. For

vol22j* he does both while he hinders or retards the consecration of

[Wilkins, churches in many places, and while he vitiates or corrupts

P649* ], the life and conversation of many ministers, by setting them

[Lev. xix. against all the canons and statutes of the holy fathers, and

f.5i6.]Pet in general against all the improvements "of Christianity with

all his might, so that they do not with dignity perform their

function: therefore all Christ's faithful people must resist

him in faith with a strong hand, and must use recruited and

new forces for the defeating of his attempts. So Isaac first

took care to open again the wells which Abraham's servants

had dug, and then to dig others entirely new.

* [Cf.
t ["Co

Matt. Paris, A.D. 1226.] Hatton. xxiv. et edit. Gul. Lyndwood,

'Constitutiones Othonis cardinalis, Oxon. MDCLXXIX. et MS. Lamb. 8vo.
Collat cum MS. Regio 9 B. ii. et MS. n. xvii."]

A.D. 1237.] LEGATINE CONSTITUTIONS OF OTTO. 151

Wherefore we, Otto, by divine miseration deacon- cardinal,
&c., being deputed by the apostolical see to the blegatine
office in England, supported by the divine help, and by the
suffrage and consent of the present council, esteemed some
things fit to be ordained in virtue of the office committed to
us, which we have digested and distinguished into certain
articles here below, for the corroborating and reforming the
state ecclesiastical, saving other canonical institutes which
we will and command reverently to be observed.

b Legates were of three sorts : 1. There was the legatus natus, such
were the archbishops of Canterbury, Rheims, &c. This seems to me to
have been a mere empty title ; for I know no one thing which our pri
mates, before the pope gave them this feather, did not upon occasion
think themselves enabled to, as well as after. Theodore and Lanfranc
exercised as great an authority over the archbishop of York, as any of
their successors who called themselves legati nati. 2. There were legati a
latere, such was Otto. Such legates could absolve them that were excom
municate for laying violent hands on clerks, call synods, grant absolutions
and dispensations in cases reserved to the pope, and every thing that the
pope if present could do, excepting translation of bishops, erecting arch
bishoprics, dividing or uniting bishoprics ; and though they might fill
any vacant dignities or benefices, and hear any appeals, yet such were ex-
cepted as the pope before had committed to special legates, and these
special legates were the third sort. See Decretal., lib. i. tit. 30. per tot.

1. The dedication of c royal temples is known to have taken
its beginning from the Old Testament, and was observed by
the holy fathers in the New Testament, d under which it
ought to be done with the greater care and dignity, because
under the former sacrifices of dead animals only were offered,
but under the latter the heavenly, lively and true Sacrifice,
that is Christ, the only-begotten Son of God, is offered on
the altar for us by the hands of the priest ; therefore the
holy fathers providently have ordained that so sublime an
office should not be celebrated in any place but what is dedi
cated, except in case of necessity. Now because we have
ourselves seen and heard by many that so wholesome a mys
tery is despised, at least neglected by some, (for we have
found many churches and some cathedrals not consecrated
with holy oil, though built of old,) we therefore being de
sirous to obviate so great a neglect, do ordain and give in
charge that all cathedral, conventual, and parochial churches,

152 LEGATINE CONSTITUTIONS [A.D. 1237.

which are ready built, and their walls perfected be conse
crated by the diocesan bishops to whom they belong, or
others authorized by them within two years : and let it be so
done within a like time in all churches hereafter to be built :
and lest so wholesome a statute grow into contempt, if such
like places be not dedicated within two years from the time
of their being finished, we decree them to remain6 interdicted
from the solemnization of masses, until they be consecrated,
unless they be excused for some reasonable cause. Further
by the present statute we strictly forbid abbots and rectors
of churches to pull down ancient consecrated churches, with
out the consent and licence of the bishop of the diocese,
under pretence of raising a more ample and fair fabric. Let
the diocesan consider whether it be more expedient to grant
or deny a licence : if he grant it, let him take care that the
work be finished as soon as may be : which we ordain also in
relation to such as are already begun. We think not fit to
ordain any thing concerning little chapels, leaving the time
and manner of their consecrations to the canonical defini
tions.

c John Athon, not the present legate's secretary, but he who wrote
glosses on those constitutions of Otto, and those of Othobon, whom I shall
in my notes on these constitutions always signify by the letters J. A.* and
who appears to have written in the fourteenth century, as has been shewed
in the first part of the Vade Mecum, p. 165 ; this John Athon well ob
serves that royal structures are not properly called churches, till they have
been dedicated, though the legate, who here gives them only the title of
basilicce, in the sequel calls them ecclesice.

A John Athon learnedly proves this by referring us to several places in
the decree, and decretals.

e Interdict, says John Athon, is a punishment whereby divine offices
are forbidden to be performed by interdicted persons, or in interdicted
places. Yet he supposes, that only solemn, or high mass, not the modest
celebration of the mass itself is forbidden by an interdict, but this must
be understood as to interdicted places only. For the priest under interdict
incurred an irregularity by celebrating in any manner, and could be ab
solved by the pope only.

2. We ordain and charge that the sacraments of the Church,
in which as in heavenly vessels the means of salvation are
contained, as also the consecrated oil and chrism, be purely
and devoutly administered by the ministers of the Church

* [In this edition the name is printed in full.]

A. D. 1237.] OF OTT0- 153

without any spice of covetousness under pretence of a custom,
by which, say they, they who receive these sacraments make
certain payments to certain persons. For the sake of the
simple we have thought fit to ordain which and how many
principal sacraments there are. They are baptism, confirma
tion, penance, the eucharist, extreme unction, matrimony,
and orders. Concerning every one of these the sacred canons
treat largely and fully. But because it is not easy to turn
over the volumes of the canons, and it is intolerable for a
physician not to know medicine, we ordain that upon the
undertaking the cure of souls and the order of priesthood
such as are to be ordained be examined chiefly upon these
points. And let archdeacons at every meeting of their dean
eries ' instruct the priests principally in those matters, teach
ing them how to govern themselves in relation to baptism,
penance, the f eucharist, and matrimony*.

f Eucharist is omitted in John Athon's copy, extreme unction both by
John Athon's and Sir H. Spelman's ; but the former supplies them in his
notes.

3. The two Sabbath-days, viz., before the resurrection of
the Lord and Pentecost, are by the holy canons appointed for
the solemn celebration of baptism gon a mysterious account f;
yet some in these parts, as we have heard, being imposed
upon by a diabolical fraud, h suspect danger if children be
baptized on these days ; the thoughts or least fears of this
are inconsistent with the merits of faith ; and it is demon
strated to be false, because the chief pontiff does personally
solemnize this ministry on the days before named ; and the
churches in other parts of the world observe the same : there
fore we charge that the people be warned against this great
error by frequent preaching, and be brought to solemnize
baptism on those days, and to have their children baptized.
We further ordain that parish priests diligently learn the
form of baptism, and frequently explain it in the vulgar
tongue on the Lord's-days to their parishioners ; that if a

' * [sacerdotes in his maxime stude- reading seems to mean the same as the

ant erudire ; docentes eos, qualiter cir- other, " on account of the nature of the

ca baptismum, poenitentiam, et matri- ministration which is specially con-

monium debeant se habere. W.] nected with our Lord's resurrection

t [propter ministerium, W. This and the gift of the Holy Ghost."]

154 LEGATINE CONSTITUTIONS [A. D. 1237.

case of necessity happens so that it concerns them to baptize
any one, they may know how to observe it ; and let enquiry
be afterwards made whether it were observed.

8 John Athon's says propter ministerium, but Sir H. Spelman's, more
justly, propter mysterium. John Athon's gloss refers to de Consecr. dis
tinct. 4. proprie, where it is said that Easter-eve is a time for baptism,
because the form of the mystery is the death and resurrection of Christ
adumbrated by the immersion of the baptized person, and his being lifted
out of the waters ; and that Pentecost is a second Easter ; therefore I
doubt not but John Athon read mysterium, though his transcribers have
varied it.

h The grounds of this fancy I no where find. John Athon supposes
the fear of death before that time was the ground of it * ; but the consti
tution supposes the danger to proceed from being baptized these days,
viz., on the eve of Easter, or Pentecost.

1 That is, properly, according to the use of the kingdom, says John
Athon, such as baptize in the stead of the rector or vicar ; though in law,
says he, it may signify the rectors, or vicars themselves : he means the
pope's canon lawf.

4. We have heard what is horrible to be heard and said,
that some wretched priests who receive what arises from the
altar, and from penance (as belonging to the vicarial bene
fice Met to farm) or for other filthy lucre's sake, admit none
to penance, unless some money be first deposited l, and deal
with the other sacraments in the same manner. Now because
they who do such things are unworthy of the kingdom of
God, and an ecclesiastical benefice ; we strictly charge and
ordain, that after an exact enquiry made by the bishops, he
who is discovered to have committed any thing of this sort
be wholly removed from the benefice which he has, and be m
perpetually suspended from the office which he has badly
executed.

k Vel ad fa-mam, Sir H. Spelman. John Athon here says that the
Altaragium consists of oblations in bread, money, or other little things.

1 Some here add in sinu, John Athon in signum avariticel.

n This suspension implies deprivation, says John Athon, though it had
not been mentioned before.

5. We approve what has been ordained in a certain " coun
cil, and do ordain that in every deanery prudent and faithful

* [Periculum. Forsan mortis cito f [See the Latin of Athon, above,
venturse puero, vel infortunii alterius. p. 39. note f.j
J. Athon, p. 10.] i [in sinu avaritise suae, W.]

A. D. 1237.] OF OTTO. 155

men be appointed confessors by the bishop, to whom parsons
and lesser clergymen may make their confessions, who are
ashamed and afraid to do it to the ° deans. And we charge
that general confessors be appointed in cathedral churches.

n By c. 10 of the Lateran council, 1216* bishops are obliged to have
assistants in preaching, hearing confessions, and enjoining penances ; this
is the same as to its meaning with what Otto here requires, as John Athon
observes.

0 The deans still remained the proper confessors : the others were only
for the more shy and timorous clergymen.

6. The sacred order is therefore to be conferred upon
worthy men, and in a worthy manner, because other sacra
ments are conferred by him that is ordained. Therefore,
since it is very perilous to ordain f idiots, illegitimates, irre
gulars, illiterates, foreigners, and any that want a true and
certain title; therefore we enact that a diligent enquiry be
made by the bishop before ordination concerning all these par
ticulars. And lest p after such as have deserved it and are set
aside upon examination, should clancularly creep in among
them that are approved, let the number and names of the
approved be written down, and let such as are written down
be afterwards, at the beginning of the ordination, called over
by reading the list with a <i careful distinction. And let the
list itself be preserved in the bishop's house, or the cathedral
church.

p Here I follow Sir H. Spelinan's copyj.

q And here also John Athon's copy has solita instead of solicita by an
evident mistake §. Here we may see the great carelessness which then
prevailed in ordaining clergymen, and this shews the meaning of clergy
men's being ordained by stealth in the first constitution of Edmund.
Probably this was the first essay towards bishops keeping registries of
their ordinations.

7. We will by no means by our authority support the
farming of churches, or the general placing of farmers in
them : yet we are afraid to put forth edicts of prohibition
by reason of the infirmity of very many ; which might make

* [Concil., torn. xxii. col. 998.] glosses, gives nearly the same sense.]
f [Johnson omits minus dignos, W., § [solita, W. Discretione solita. Sc.

and Athon, p. 153. separata vocatione nominatim facta.

J [Willdns agrees with Spelman, J. Athon, p. 18.]

and Athoivs text, as explained by his

156 LEGATINE CONSTITUTIONS [A. D. 1237.

us seem rather to lay snares than to find out remedies. But
we are bound to obviate some evils arising from this cause
which have come to our knowledge. For it very often hap
pens that farmers, as they are called, while they desire to
get more than they pay, commit sordid exactions, which are
sometimes simoniacal. We forbid that dignities or r offices,
as deaneries or archdeaconries, or the profits arising from
the exercise of ecclesiastical or spiritual jurisdiction, or from
s penance or the altar, or from any sacraments whatsoever, be
henceforth in any wise 'granted to farm.

1 Here I follow Sir H. Spelman's copy, as evidently more genuine and
clear*.

* Yet, says John Athon, the incumbent may constitute another priest
to be his proxy, and when he is so constituted, may assign these profits to
him instead of a salary.

* The foregoing particulars, says John Athon, may not be let to farm
by name, or by themselves ; but they may well pass in general terms, as
"I let to farm my church or prebend, with all and singular the pro
fits/' &c.

8. Whereas it is very unbecoming to farm churches to lay
men, and to clergymen, whatever they are, for a long time,
as being dangerous, and bringing damage to the church, now
we strictly forbid both, and charge that churches be not at
all farmed to laymen for the future, nor to ecclesiastical per
sons for above five years, nor farmed again after the end of
that term by the same men, without others coming between.
And that all be safe, we charge that the agreement be made
in the presence of the bishop or archdeacon, and several in
struments thereupon written, one whereof to remain with
them.

9. We have heard it somewhere happened, that in the
vacancy of a fat church, which a certain man desired to
have but durst not accept as parson, lest he should in law be
deprived of other benefices which he had, he cunningly pro
cured that church to be granted to him in perpetual farm,
on condition that he should make a small payment to an
other, who was made parson in name only, and retain all the
rest to himself. Upon which occasion we ordain by this edict
that no church, prebend, or ecclesiastical revenue be granted

* [So Wilkins.]

A.D. 1237.]

OF OTTO. 157

to any one in whole or in part to perpetual farm, under any
pretence whatsoever; decreeing any attempt of this sort to
be null and void.

10. We ordain that no man for the future be admitted to
a vicarage, but such an one as is already ordained priest, or
at least such a deacon as may be duly ordained [priest] the
unext ember- week, who renouncing other benefices, with
cure of souls, if he have" any, may swear to keep corporeal
residence thereon and may always keep it : otherwise we
decree the vicarage to be void, and to be given to another.
And thus let that fraud be evaded, by which a small portion
was assigned to one under the name of a parsonage, and the
church given under the pretended name of a x vicarage to
another man, who was afraid of losing other benefices, if he
had accepted it as parson. As to vicars already instituted,
who are not priests, (since vicars are bound personally to
serve their churches,) we charge that within the year they
cause themselves to be ordained priests. And if they them
selves are the occasion of their not being ordained, we decree
that from thenceforth they be deprived of their vicarages:
and as to their residence we make the same ordinance as
we did above in relation to them that are hereafter to be
instituted.

u Any clerk might be instituted to a rectory, says John Athon, and I
may add, that any clerk might be instituted to a vicarage before this
constitution was made.

* From this it is evident that vicarages before this were esteemed com
patible benefices, but rectories were not : this I suppose was grounded
upon c. 13 of the Lateran council, 1179*, and the twenty-ninth chapter of
the other Lateran council, 1216f, in both which a plurality of churches is
forbidden, but not of vicarages ; and a church in such cases always de
notes a parsonage. And it is evident from this constitution that the clergy
of England were apprehensive of the provisions against pluralities made
in the late Lateran councils ; otherwise there had been no occasion of
fearing to take a benefice under the name of parsonage to avoid the pen
alty of losing the benefice or benefices already obtained : yet it is certain
in fact, that many pluralities were still holden, and without any papal
dispensation.

11. Every lover of justice should labour with a sagacious
zeal to escape the frauds of ill men, lest if rectors grow

* [Concil., torn. xxii. col. 225.] t [Ibid., col. 1015.]

158 LEGATINE CONSTITUTIONS [ A. D. 1237.

sleepy, simplicity and truth be supplanted by craft and
falsity. We are informed by many that some priests, covet
ing a benefice which belongs to an absent man, contrive
reports of his being dead, or of his having resigned his
benefice, and by one means or other thrust themselves into
it : and if the dead man revive and return to his church, the
answer is given him, I know you not, and the gate is shut
against him. Some are not afraid to invade the benefice
of one that resides on the spot by clancularly breaking in
upon him : and [judicial] sentences cannot turn them out of
doors, they defending themselves by arms : therefore using
such remedies as we can in both cases, we ordain and forbid
a benefice that belongs to one to be at all conferred on
another, upon pretence of an apprehension or report of the
death, or cession of an absent man : but let the prelate
stay till he be fully informed in either case; or else we
decree that he be bound to make good all the damage
done to the absent man by this means ; and that he who
was thrust in be forthwith vipso facto suspended from office
and benefice, beside the restitution of damages. And our
will is, that this be extended to him who seizes an eccle
siastical benefice by his own authority, or rashness, by force,
or clancularly, while another is in possession of it, and en
deavours by arms to defend himself in it after it has been
declared to belong to another.

y This is the first ipso facto sentence which I observe in our English
constitutions, and in this case all law and common sense will determine
that it is just and reasonable : for fraud or force can give no right.

12. Whereas the conduct of souls, as Bishop Gregory*
testifies, is the art of arts, the old sophister is not wanting
to use all the windings and turnings of deceit, 'and to study
the fallacies of pretence in order to z catch the learners of this
art, and to exclude those f from salvation who are unskilful
and incautious, that is, he makes them transgress the com
mandments of God, and go contrary to the rules of holy

* |_ Ars est artium regimen amma- artis concludere et eos excludere, Athon

rum. S.Greg. M. Reg. Pastoral., p. andWilkins. The latter gives in a note

i. c. 1. Op., torn. ii. col. 3.] ' praetentionis ' as the reading of Mat-

' t [et in falsae positionis studere fal- thew Paris ; Spelman reads ' discipli-

laciis, quo valeat discioulis huiusmodi riis.'T

A.D. 1237.] OF OTTO. 159

men, and neither the word of God nor canonical sanctions
can reduce sinners from the crooked road. For our catholic
art requires that there be but one priest in one church, that
is a master perfect in order, habit, holy life, knowledge and
doctrine, and that the a ordination of churches be pure and
simple, but the opposition of the devil causes many to deviate
in this point, whilst sometimes at his suggestion, under pre
tence of several patrons, a church is given not to one but
divers, so that there is a monster, several heads in one body.
And sometimes the parson, whatever the occasion is, con
sents that some portion be granted to another in the name
of a parsonage. Farther, a church often remains desolate
without a master, while there is neither parson nor perpetual
vicar in it ; but perhaps some simple priest, who has no
right, nor pretence of right to it. And perhaps, if a parson
do reside there, yet he is not perfect in b order, as not being
a priest, nor in habit, as appearing to be a soldier rather
than a clerk. He has alas too little care of life, knowledge,
or doctrine. The ordination of the church is seldom per
formed in a simple manner as it ought to be without some
diabolical contrivance*. For sometimes, we hear, a church
is given to a man on this tacit, or express condition, that the
institutor, or presenter, or some other may receive some por
tion out of it, and he would perhaps have the whole, if on
account of the severity of the law, or the fear of losing other
benefices, he had not c divided it. Sometimes a man makes
a cession of his parsonage, and accepts a vicarage from one
institution in the same church, which is presumed not to be
done without simony f. Now we reprobating these divi
sions, and particular assignments, as contrary to our catho
lic art, strictly forbid them to be practised for the future ;
ordaining that no one church be for the future divided
into several parsonages, or vicarages ; and that such as have
hitherto been divided be made whole again as soon as op
portunity offers itself, unless they were thus ordered of old.
In which case the bishop of the place must take care that
a proper division be made of the d income, and of the quar-

* [Ordinatio quoque ecclesiae raro menta, id est, deceptiones sopliisticae.

fit simplici occulo, ut deberet, nee Athon, p. 35.]
enim commenta fraudis diabolicae de- f [sine fraude. W. A.]

sunt ibi. W. Tormenta. alias com-

160 LEGATINE CONSTITUTIONS [A. D. 1237.

ters of the parish *. As also that one be constantly resident
upon the church, and faithfully and honestly perform divine
service, and administer the sacraments, and be solicitous for
the cure of souls.

z John Athon's Latin is concludere discipulos, not disciplinam, as
Sir H. Spelman, yet with him I read prcetentionis, not positionis, as
John Athon in the foregoing words.

a That is, the vacating and filling of the church. See below in this
same constitution.

b Here I follow Sir H. Spelman. At this day, says John Athon, any
clerk may be promoted to a rectory : yet the decree of Pope Boniface the
Eighth says he must be subdeacon, but may remain rector in that order
seven years. See Sext. Decret., lib. i. t. 6, c. 34. Yet even by this he
might be rector a year before he was subdeacon. This was A.D. 1299.

c Divisisset, J. Athon ; dimisisset, Sir H. Spelman f.

d Here both copies are very dark.

13. eAs to the residence of rectors on their churches, we
think there is greater need of executing than of enacting.
For the fcouncils of the Roman pontiffs are extant, which are
clearer than the light in speakings on the subject. And an
execution of what has been already done is more requisite
than a publication of [new] sanctions. We say the same
of those who hold several dignities, parsonages, or benefices
with cure of souls, without a special dispensation from the
apostolical see, contrary to the h constitution of the general
council, to the expense of their own salvation.

e J. Athon makes this a part of the former constitution.

f See Decretal, lib. iii. tit. 4. per tot. These were collected by Gregory
the Ninth, who sent this legate.

6 Yet John Athon declares that any immediate ordinary inferior to the
bishop could dispense with non-residence : but it was only in a reasonable
cause, in which case, I conceive, no formal dispensation was necessary :
which our glossator in effect allows. The bishop only could dispense with
young rectors for their seven years' absence for study.

h C. 13. of Lateran council, 1179J, c. 29. of Lateran council 1216§. These
canons our judges since the Reformation have declared to be as binding
as an act of parliament If. Yet the bishops and clergy of this age had no

* [ubi est per episcopum loci provi- J [Concil., torn. xxii. ccl. 225.]

dendum ut tarn reditus, quam ecclesia § [Ibid., col. 1015.]
congruis inter eos portionibus et regio- ^j [See Gibson's Codex, tit. xxvii.

nibus dividantur. W. Athon has, con- c. 1. note z. (p. 906. ed. 1761,) and

gruis ad majorem commoditatem inter Latch's Cases, 248, Hardres, 101, there

se.] referred to.]

f [divississet, W.]

A. D. 1237.] OF OTTO. 161

such thoughts of them. Otto had drawn a constitution, which he intended
to have passed in this synod in order to enforce the two Lateran decrees
against pluralities ; but when that constitution was publicly read in
council, Walter de Cantelupe, bishop of Worcester, laid off his mitre, and
thus spake to the legate, " Holy father, since many noblemen that have
such blood as mine running in their veins hold pluralities without dispen
sation ; some of which are old, and have lived magnificently, it would be
too hard to reduce them to a disgraceful poverty by deprivation. Some
of them are young and bold, and would run the last risk rather than be
confined to one benefice. I know this by myself, for before I was advanced
to this dignity, I resolved with myself, that if by virtue of such a consti
tution I must lose one benefice, I would lose all : it is to be feared there
are many of this mind, therefore we beseech your paternity to consult our
lord the pope in this point*." It is probable this speech was the occasion
of dropping that constitution, and leaving these few lines in the stead
of it.

14. Because laymen take great scandal at the unclerical
habit of clergymen, which makes them look like soldiers,
therefore we charge and ordain, that they be compelled by
the bishops to that form of apparel for themselves, and of
trappings for their horses, that was enjoined in the general
'council, so that they have garments of a decent length, and
that they in holy orders use close copes, especially in the
church, and before their prelates, and in assemblies of clergy
men, and such as have rectories with cure of souls every
where in their parishes. And that bishops may the better
confine others to honesty of apparel, and to decent tonsures,
and crowns, and trappings for their horses, let them take
care that this be in the first place observed by the clergymen
of their own families, by causing them to wear garments,
k spurs, bridles, and saddles that become clergymenf.

1 16 c. of Later, council, 121 6 J, which enjoins the close cope, as has
been shewed in notes on Langton's Const, an. 1222, can. 30 ; and it like
wise forbids gilt spurs, gilt bridles, gilt saddles, gilt pectorals.

k J. Athon read talaribus, not calcaribus.

15. We are informed by many credible men, that many
being careless of their salvation, are not afraid, after they
have contracted matrimony, clandestinely to retain their

* [Matth. Paris, A.D. 1237, quoted; habentes eos in vestibus talaribus, frae-

Spelman, vol. ii. p. 221 ; Wilkins, vol. nis, et sellis, clericalis gerentes habi-

i. p. 649.] turn honestatis. A. W.]

f [provideant ut a suis clericis com- % [Concil., torn. xxii. col. 1006,

mensalibus hoc prius faciant observari, quoted above, p._113, note h.]

LEGATINE CONSTITUTIONS [A. D. 1237,

wives and churches too, and get new benefices, and be pro
moted to sacred orders, against the statutes of the holy
canons; nor afterwards, when it seems expedient for the
Children that have been the issue of the marriage*, while
the parties are living, or after their death, to prove that
marriage was contracted by witnesses, or instruments. But
because perdition of souls, neglect of their salvation, lessen
ing the goods of the Church, use to be the consequence of
clergymen's living with women in matrimony, or otherwise ;
and that the salvation of souls, and the good of churches
may be consulted, we think fit thus to obviate this reigning
evil, that if it be discovered, that any have in this manner
married, let them be wholly removed from their churches
and benefices, and we decree that they, and all other married
men be accordingly ipso jure deprived. And if after such
matrimony they have gotten any goods by what means so
ever, let them not be applied to the use of their children, or
wives of this sort, either by themselves or by persons privately
employed about their goods, but to the churches which they
had, or in which they were beneficed. And let their sons by
no means be admitted to any churches or benefices, as being
m utterly incapable, unless the Roman pontiff dispense with
them in a canonical manner, their merits so requiring.

1 Proli, so John Athon read, (as well as Sic H. Spelman,) as appears by
his gloss, though it be prole in the text.

m John Athon makes it a moot point whether such children are bastards ;
he does not mean children begotten in wedlock by those who were merely in
inferior orders, but children begotten by such as were in holy orders f, that
is subdeacons at least, or however beneficed men : but it was scarce worth
disputing, whether they were bastards in theory, since it is evident they
were treated as such by the governors of the Church.

16. Though ecclesiastical reformers have always been
studying to expel out of the Church the offensive stench
of n filthy lust, by which the gracefulness of the Church is
much lessened; and which is so very bad as to press for-

* [cum prole suscepta de tali copula Athon only raises a question respecting

expedite videtur, W. Athon has vide- the children of clerks in inferior orders,

atur, but the rest as Wilkins. See his gloss upon the 15th constitu-

Expedire. Scilicet proli susceptae. tion of Otho, p. 38, ad verb. Contracta

Athon, glo., p. 38.] fuisse.]

t [This seems to be a mistake ; J.

A. D. 1237.] OF OTTO. 163

ward without shame; we therefore being unwilling to con
nive at that which is the reproach of the Church, follow
ing the statutes of the Roman pontiffs, and especially the
0 decretal of Pope Alexander published on this head, do
ordain and charge that where clerks, especially those in
holy orders, do keep concubines p publicly in their houses,
or elsewhere, they do q wholly discard them within a month ;
so as never to keep them, or any others for the future. We
ordain that if they go against this [constitution] they be
suspended from office and benefice, so as not to meddle with
ecclesiastical matters till they have made due satisfaction in
this respect : otherwise we declare them ipso jure deprived.
And our will is also, that archbishops and bishops cause
diligent enquiry to be made on this head in all deaneries,
and what we ordain to be observed.

n John Athon gives two reasons why incontinency is more commonly
punished by the Church than other mortal sins, viz. 1. Because of its
infamy : other sins, says he, are greater, but this more scandalous. 2. Other
sins admit of palliation, this does not.

0 Distinct. 81. c. 16, It is a decretal of Alexander the Second, 1065.

p That is, says John Athon, as a man keeps a wife : he adds, that it
is no transgression against this constitution for a clerk to keep such a
woman privately in his own house or another's. But what if he be dis
covered to lie with her ? He answers, this does not prove it to be public,
it is yet said to be in private, unless there be other proof*.

q If the clerk keep a whore in public, so as never to have her a whole
month at once, but for a whole year at times, does he avoid the penalty of
this constitution ? John Athon declares in the affirmative, that he does,
and applies the old proverb, Si non caste tamen caute f . This is a great
demonstration of the looseness of that age, and especially of the canonists.

17. Although the holy fathers did so abhor the taking
benefices by inheritance that they forbad the succession of
legitimate sons in their fathers' churches ; yet some born by
nefarious embraces, trampling on the authority of right and
honesty, invade benefices which their fathers held, r without
any mediate successor. Now we who came into these parts
to recover the sfall of ecclesiastical honour, taking this into

* [Johnson here makes a confusion f [Johnson here gives an imperfect

between two distinct glosses. See Athon, summary of J. Athon' s gloss, p. 44,

p. 43, Detinent publice concubinas, and Prorsiis.~\
Publice.']

M2

1(54 LEGATINE CONSTITUTIONS [A.D. 1237.

our consideration, do ordain and firmly forbid the prelates of
the Church for the future to institute or admit any such
men into benefices which their fathers held by any title
whatsoever, by any colour or artifice, if there have been no
mediate successor. And we decree that they who have
already gotten such benefices shall be deprived by this
statute.

r Sir H. Spelman reads nullo modo, and so it is at one place in John
Athon's gloss ; but in the text it stands right, viz., nullo medio *.

* Ad relevandum honestatis ecclesiastical casum Sir H. Spelman, not
statum, as John Athon f .

18. We have thought fit that it be ordained against the
outrages of robbers, with which England too much abounds,
(which would not be, as we are informed, if great men did
not maintain and defend them,) that no one do protect or
keep them in their houses or ^illsj, whom they know to
practise robbery, or of whom it is manifest that they do it.
And we put them under the yoke of u ecclesiastical excom
munication who transgress in this point, if upon a third
admonition from the ordinary of the place they do not dis
card them. And we will and ordain that a general admo
nition suffice without expressing any man's name ; so that it
be done in such a public solemn manner, that it may come
to their knowledge.

* So Sir H. Spelman. John Athon has in locisjidelium, and in his
gloss seems to think it lawful to maintain robbers in places inhabited by
Jews or heretics ; but I cannot conceive what occasion the legate could
have to use an expression of this sort here in England : for there was no
part of England then inhabited by heretics, or reputed heretics ; and
though we had Jews, yet we had no towns or villages appropriated to
them.

u I follow Sir H. Spelman §. John Athon observes that the greater
excommunication must here be meant, because it is for a crime. And
adds, there is a lesser excommunication, which is from the communion of

* [Nullo medio, A. W. valent to the other reading, and should
Nullo medio. Alius enim veniens be translated ' or in the places of their

mediator disjungit et interrumpit sue- dependants.' Fidelis meant one who

cessionem. Athon, gloss, p. 47.] was under a bond or oath of fealty

f [statum, W.] (fidelitas)to a lord. See Somner, gloss,

I [vel in villis, W. Doubtless ' vel in ad X. Script, art. Fidelis; Thorpe,

locis fidelium ' is a genuine variation, Oaths, c. 1 ; compare Johnson, vol. i.

strangely mistaken indeed by John de p. 509. A.D. 1017. c. 20.]

Athon and Johnson, but simply equi- § [So Wilkins.]

A. D. 1237.] OF OTTO. 165

the faithful, the greater which is from the participation of the sacraments.
Yet Gregory the present pope in a decretal bearing date the same year
with this council, declares that the greater excommunication is repelling
men from the communion of the faithful, and the lesser from the partici
pation of the sacraments. The distinction was new, and the glossator
followed his own judgment rather than his books in this case. See
Decretal^ lib. v. tit. 39. c. 59.

Though the distinction of greater and lesser excommunication be found
before this in the sum. or abridgement of some decretals, yet not in the
text, however not before the year 1216.

19. We hear and rejoice that the religious abbots of the
order of St. Benedict in England meeting together in their
general chapter (as "sons returning to their bounds" accord
ing to the prophet) have providently ordained, that for the
future according to the rule of St. Benedict, they ought to ab
stain from eating flesh, excepting the weak and infirm, who
ought to have provision made for them in the infirm atory ac
cording to the said rule : which we approve and ordain to be
inviolably observed. And we add, that novices at the end
of the year of probation, in which they wore the monastic
habit, be compelled by canonical censure from the abbot
or prior forthwith to make profession. And let none be ad
mitted abbot or prior who has not made profession*. And
we think fit that what has been said of making profession
at the end of the year of probation, be extended to canons
regular and nuns. As to other points which concern the
correction and reformation of these and other regulars, we
intend to make provision; and the Lord permitting we
will ordain and command what we think useful to their
churches, and wholesome for themselves, xto be strictly ob
served by their chapter.

* Sir H. Spelrnan's copy says, And we will command the statutes to be
solemnly published by their chapters. This seems to be a better lection
than that of John Athon's which I have put in the text: yet John
Athon, who mentions this lection in his gloss, asserts the other to be
genuine f.

20. As to archdeacons, we ordain that they do prudently
and faithfully visit the churches, enquiring into the sacred

i, juxta decretalem f [observari, W.]

* [Johnson omits, juxta decretalen
felicis memoriae Honorii papae, A.W.]

166 LEGATINE CONSTITUTIONS [A. D. 1237.

furnitures and vestments, and how the diurnal and nocturnal
services are performed in the church, and in general both
into temporals and spirituals ; and that they diligently use
correction where there is occasion. But let them not ag
grieve the churches with superfluous expenses. 'And let
them demand moderate procurations ^only when they visit,
and not bring strangers with them, and be modest both as
to their z retinue and horsesa. Let them take nothing from
any man for not visiting, not correcting, or punishing*, nor
pass sentence on any unjustly in order to extort money from
him. For since these and such like doings savour of simony,
we decree that they who practise them be compelled to ex
pend the doubles of what they have extorted in pious uses
at the discretion of the bishop; beside other b canonical
punishment. And let them be very careful to be often pre
sent in the chapters of every deanery ; and there diligently
instruct priests among other things to live well, and to know
and soundly understand the words of the canon [of the mass,]
and of baptism, as being of the essence of the sacrament.

y Duntaxat stands in the Latin, as ' only' does in this translation, so as to
be applied either to ' moderate ' foregoing, or ' when they visit ' following,

1 Lat. familia.

a John Athon's copy has cum visitent, corrigant, &c., aliquid ab
aliquo, &c. But this does not seem to me to agree so well with what
follows.

b That is suspended ab inc/ressu ecclesice, till they pay the doubles f ; for
I find no other punishment for the fault. Sext. Decret., lib. iii. tit. 20,
c. 2.

21. We have thought fit strictly to forbid the prelates of
churches, and especially archdeacons, deans, or their officials,
and all others that are delegated to all causes, or any affairs
that come into the ecclesiastical court by reason of its eccle
siastical jurisdiction, that they do not hinder peace and con
cord between parties in their discords and quarrels, but per
mit the parties to withdraw from their judicature whenever
they please by composition ; on condition that the business be

' * [Sed procurationes exigant dun- cipere non praesumant, W.]
taxat, cum visitant, moderatas ; non se- f [If the offender were patriarch,

cum ducant extraneos sed modeste se archbishop, or bishop, " Inferiores vero

habeant tarn in familia quam in equis. ab officio et beneficio noverint se sus-

Cum autem visitent, aut corrigant, sen pensos." — Sexti Decretal., lib. iii. tit.

crimina puniant, aliquid ab aliquo re- 20. c. 2.]

A.D. 1237.] OF OTTO, 167

such as that a Composition or transaction is allowed by law ;
nor let any thing be demanded on this account.

c See Decretal., lib. i. c. 36. de transaction; and yet it will be difficult to
determine in what cases it is permitted.

22. The name bishop (that is, superintendent) clearly ex
presses what is required of the venerable fathers the arch
bishops and bishops to be done in virtue of their office. It
concerns them to observe and watch over their flock by
night according to the evangelical phrase. And since they
ought to be a pattern by which their subjects are to reform
themselves, which cannot be done except they shew an
example, we exhort and admonish them in the Lord, that
they reside upon their cathedral churches, and d decently
celebrate mass there on the principal festivals *, and the
Lord's days6 in Lent f and Advent. Farther, that they go
about their dioceses at seasonable times, correcting and re
forming and consecrating churches, and sowing the word of
life in the Lord's field. For the better performance of all this
let them twice a year (that is in Advent, and the f greater
Lent) cause the profession which they made at their conse
cration to be read to them.

d Congruences missas, John Athon ; that is, I suppose, proper masses J.

e Here John Athon's copy adds, et, but I conceive it is better left out,
as in Sir H. Spelman's.

f The canon law mentions three Lents, causa 22. quaest. 5. c. 1, 2.
We have mention of long fasts before Midsummer, Michaelmas, and the
Assumption of the Virgin. John Athon says Advent was a Lent §.

23. Since not only power but discretion and knowledge
are principally required in determining matters, all are to
take heed that such a judge or hearer of causes be not de
puted, as may pass an imprudent or unjust sentence through
simplicity, unskilfulness, or want of experience, so as that
the guilty be acquitted, the innocent condemned. There
fore we have thought fit to ordain that matrimonial causes,

'* [ut moram facientes apud cathe- quitur, prseterquam in diebus subse-

drales ecclesias, congruenter ibidem quentibus exceptis. Athon. gloss, p.

missas celebrent in prsecipuis saltern 56.]

solennitatibus, W.] § [See in former volume, A.D. 740.

f [et in quadragesima, W.] 162, and A.D. 963. 43, 46.]

t [Congruences. Arbitrio ejus relin-

168 LEGATINE CONSTITUTIONS [A. D. 1237.

which are to be handled with peculiar deliberation and dili
gence, be committed to provident and trusty men, and such
as are skilful in the law, or have at least been well exercised
In causes. But if any deans, archdeacons, or abbots have
by privilege or allowed custom, the cognizance of matrimo
nial causes, let them take care to make diligent g examina
tion* : so that neither they nor their delegates proceed to
a definitive sentence, before they have diligently consulted
with the bishop of the diocese concerning the merits of the
cause, and asked and received his advice. And we will,
that exempts, h or such as are specially privileged, be obliged
to this.

e Ordinare, John Athon, but I follow Sir H. Spelman and the other
copy mentioned in John Athon's margin.

h John Athon's present text says, ' except they are specially privileged/
but his gloss agrees with Sir H. Spelman and my translation. The monks
of some such privileged monastery did probably make this alteration.

24. We ordain that the 'oath of calumny in all ecclesias
tical causes k whatsoever, and of speaking the truth in spiri
tual causes t, be for the future taken in the kingdom of
England, according to the canonical and legal sanctions, a
prevailing custom to the contrary notwithstanding ; that so
the truth may more easily be discovered, and causes sooner
determined. We add to this statute, that probatory * terms {
may be granted at the discretion of the judges according to
canonical and legal sanctions.

1 Of this see Decretal., lib. ii. tit. 7. It will there appear that this oath
is not universally required. This oath was first introduced by the civil
law : it is to be taken both by plaintiff and defendant, and contains that
the party believes his cause to be just, that he will use no false proof nor
cause any unnecessary delay, nor give any bribes.

k Cwjudibet, Sir H. Spelman, but I read quibuslibet ; John Athon
civilibus.

\ * Of these see caus. iii. quaest. 2, 3, per tot. and Decretal., lib. ii. tit. 8.
This granting of time for bringing evidence and other pretences is the
chief occasion of those delays which are the reproach of the present eccle-

* [diligenter eas ordinare procurent, ecclesiasticis et civilibus de veritate di-

A.W., diligenter ipsas examinare pro- cenda in spiritualibus, W. The MS,

curent, MS. quoted in Athon's mar- quoted in Athon's margin reads ' et'

gin. S.] after 'civilibus.']

f [Jusjurandum calumnise in causis £ .[judiciales induciae, A. S. W.]

A. D. 1237.] OF OTTO. 169

siastical courts, though the oath of calumny was introduced to prevent
them.

25. The craft of the old enemy frequently turns the use of
proctors, which was introduced as an attendance to justice,
(that they who cannot wait upon their own cause might
have their absence supplied by others,) into a mischief: for
a custom is said here to prevail, that he who is cited to a
certain day constitutes a proctor for that day without letters,
or by letters not signed with an authentic seal : ' by which
means it happens, mthat while such a proctor will not prove
his mandate or confirm his letters by witnesses, or some other
impediment comes in the way, nothing is done that day, nor
on the following day, the proctor's office being at an endn :
and so all former diligence is lost without any effect. As a
caution against this fallacy we ordain that for the future a
special proctor be constituted ° absolutely, or if he be con
stituted for a day, yet not for one day only; but we will that
he be constituted for several days for a continuance, if need
be, and we presume him so constituted*. And let the man
date be proved by an p authentic writing, unless he be con
stituted in the acts of court ; or the constitutor cannot easily
find an authentic seal.

m Here I follow Sir H. Spelman, only reading fallacia for fallaci, and
aut for ut before si ; and adding officio from J. Athon after procuratoris,
though if we read procuratorio, we need add nothing, but translate, ' the
proxy being at an end.'

n Add here by conjecture, ' for want of a good proxy.' Both copies arc
dark in this constitution.

0 Absolutely, that is, without any limitation of time.

p That is, signed by good witnesses.

26. Parties in a suit do whatever they can against each

'* [Johnson's translation here nearly pientes, statuinms, ut de caetero 'in
agrees with the text of Wilkins which causis ecclesiasticis regni Angliae4 pro-
is given below, as also the more im- curator5 constituatur simpliciter, vel, si
portant variations of Athon's text: constituatur, ad diem non unum tan-

Unde fit, quod dum talis procurator turn, sed ad plures continuandos, si

vel1 probare mandatum, vel fidem lite- opus fuerit, constitui volumus, et intel-

ris imponere non vult per testes, aut ligi6 constitutum. Cone. Brit., vol. i.

aliud impedimentum occurrit, nihil p. 654-5.

agitur ilia die ; sed nee expirante officio ] vult, A.; /2illa die perit justitia,

procuratoris in sequenti, sic que ' perit A.; 3fallaciae, A.; /4so A. S. ; 5spe-

illa instantia2 sine fructu. Huic igitur cialis, A., add. 6 intelligamus, A. Cf.

fallaci3 cautelae clypeum opponere cu- J. Athon in Const, D. Othonis, p. 62.]

170 LEGATINE CONSTITUTIONS [A. D. 1237.

other in contempt of justice. We have heard from many
that men obtaining letters of summons, send them to the
place where the party to be cited dwells by three vile mes
sengers ; two of which put up the letters over the altar, or in
some other place; and the third presently takes them away :
afterwards those two testifying that they have summoned
him, according to the manner and custom of the country;
the party is excommunicated, or suspended as contumacious,
who was wholly ignorant of the summons, as well as the con
tumacy; therefore prosecuting this detestable abuse, and
others like it with a zeal for justice, we ordain, that letters
of summons in ecclesiastical causes in the kingdom of Eng
land, be not sent by such as obtain them, or by their mes
sengers ; but that the judge send them by his own faithful
i messenger at the moderate expense of him who obtained
them : and let him diligently seek the party to be cited ; and
if he cannot find him let him cause the letters to be publicly
read on some Lord's day, or other solemn day in the church
of that place where he uses to dwell, while mass is in singing,
and also to be explained : or at least let the summons be
directed to the dean of the deanery, in which the cited party
dwells, and let him at the command of the judge faithfully
execute it by himself, or by his certain and trusty messengers.
And let him not neglect to certify the judge of what he hath
done thereupon.

q This seems to be the original of apparitors in England.

27. The more necessary the use of sealed instruments is in
England, where there are no public notaries'*, the greater
ought the caution to be, lest through the unskilfulness of
some they be abused. For we hear letters are drawn and
sealed, not only by r lesser clerks, and prelates f, in which it is
implied that such a man made a contract, or was present at
the making of it, or at any business, or was summoned to
court, or had letters of summons shewed him ; who yet was
not present, nor any where to be found, nay perhaps was
then in another province or diocese. Now since such writings

* [ubi public! notarii non existunt, literae ac signantur non tantum a mi-
A. \V."1 noribus clericis verum etiam a prse-

f [Conficiunturenim(ut audivimus) latis, A. W.]

A. D. 1237.] OF OTTO. 171

do plainly imply forgery, we strictly forbid the drawing of
them, and do enact with a provident deliberation that they
who shall be convicted of offending in this respect, and who
knowingly use such letters to the damage of another be pun
ished as sforgers, and as those who use forged instruments.

r By lesser clerks J. Athon understands officials and deans rural : yet
contends that rectors of churches (if not their substituted curates, for the
gloss is very dark and ill printed) are prelates, which to'me seems into
lerably incongruous* ; not but that rectors are often styled prelates in the
canon law, and are clearly said to have the power of excommunicating in
notorious cases but because officials and deans rural were superior to mere
rectors. Therefore by lesser clerks I understand all inferior to incumbents,
and by prelates all incumbents and their superiors. These lesser clerks
might in some cases sign certificates, and were probably retained in the
ecclesiastical courts, as registers, seal-keepers, &c.

8 The punishment of forgery in clergymen of all sorts was of old doing
penance for life in a monastery. See 50. Dist. c. 7. In J. Athon's time
it was suspensio ab officio et beneficio.

28. Because notaries public are not used in England t, and
therefore there is more frequent occasion for authentic seals ;
that there may be no want of them, we ordain, that not only
archbishops and bishops, but their officials; also abbots,
priors, deans, archdeacons, and their officials, and deans
rural, as also cathedral chapters, and all colleges, and con
vents, have a seal, either jointly with their Sectors, or distinct
from them, according to their custom or statutes. Let every
one of the aforesaid have a seal with their several distinctions ;
that is, the name of their dignity, office, or college, as also the
proper name of the men who enjoy the dignity, or office,
graven in plain letters or characters, if the office be per
petual. Let them who have taken an office which is but

* [John Athon in his gloss does not missam decisionem Innoc. quod non.

mention substituted curates but the Sed tu die quod sic extensive : ut patet

rector having cure of souls in a parish, in textu Extra, de cle. cegro tua nos. in

as distinguished from the head of a tantum, quod tails potest judicare et

collegiate body : excommunicare ordinario jure, nedum

Etiam a prtelatis. Ut sunt proprie, in genere, 1. q. 1. quidani. Extra, de

qui alicui approbate collegio praesunt, qffi. ordi. sacerdos. sed etiam in specie ;

quocunqus nomine vocentur ; ut plene 2. q. l.nemo. 11 q. I. experientice. et q. 3.

notat Innoc. Extra, de offi. ordi. cum ab audi. et c. quomodo. dum tamen dica-

ecclesiarum prcelatis. in prin. et facit mus solos eorum subditos tune ligari.

quod notatur supra c. Consti. contra la- Athon, gloss, p. 66'.]

tronum. §./?. in glo. 1. per suum. Sed f [Quoniam tabellionum usus in

nunquid ergo rectori curato nomen regno Anglise non habetur, A. W.]
praslati conveniat? Videtur per prae-

172 LEGATINE CONSTITUTIONS [A.D. 1237.

for a time, as rural deans, and officials, forthwith, and without
trouble resign their seals at the expiration of their office to
him from whom they received it ; which seal is to have the
name of the office only graven upon it. And we charge, that
they be very careful as to the custody of their seal, that every
one keep it himself or commit it to the keeping of one only,
of whose fidelity he is assured, and let him take an oath that
he will keep it faithfully, and not lend it to any one for the
sealing of any thing, nor seal any thing himself to the pre
judice of another, but what his principal hath first read and
viewed with attention, and so commanded him to seal. Let
there be a faithful and provident caution used in setting the
seal; faithful, so as that it be easily granted to those that
want it : provident, so as that it be wholly denied to falsaries,
or forgers. We also ordain, that the proper date of the day,
time and place, be inserted at the beginning or end of every
authentic writing.

* That is, abbots, priors, or other heads.

29. We have heard a clamour of justice complaining that
advocates too often obstruct her by cavils and tricks, and
judges make away with her by ignorance ; and parties evade
her by obstinacy. For it sometimes happens that uone who
is sent to take possession of any thing for the sake of pre
serving it, endeavours to retain it, though the adversary re
turn within the year, and be ready to satisfy the law in all
respects. And sometimes he who is sent to take possession
is not able to get it either within, or after the year, [or]
whenever he is constituted the true possessor, by reason that
his adversary opposes him with arms. Therefore standing up
for the support of justice, we ordain by the approbation of
this holy council, that he who would be advanced to the
office of an advocate in general make oath before the dio
cesan, in whose jurisdiction he is by birth or habitation, that
e in the causes which he undertakes he will perform the part
of a faithful patron •' not so as to pervert or delay justice to
the adverse party, but by defending the cause of his client
by law and reason. In matrimonial causes and elections let
him not be admitted [to plead] unless he take the like oath,
particularly as to those causes ; nor in other causes for above

A. D. 1237.] OF OTTO. 173

three terras without taking the like oath, unless it be in be
half of his own church, or for his xlord, or known friend, a
poor man, a stranger, or any miserable person, for whom he
thinks fit to plead. Let all advocates take heed that they
do not suborn witnesses by themselves, or by others, nor in
struct parties to suggest what is false, or to suppress what is
true. Let them who transgress be ipso facto suspended from
their office*", till they have made proper satisfaction; and yet
have other due punishment inflicted on them. Let judges
who know not the law, if any doubt arise, by which damage
may happen to either party, ask the advice of some knowing
man, at the expense of each party. We ordain also that
they observe the constitution of the general council, both in
ordinary and extraordinary judicatures, faithfully y keeping
by them the original authentic acts ; or that they cause them
to be kept by their scribes, as they ought to do, and grant
the perusal of them to the parties concerned. To whom all
[the acts] after they are written, we charge to be publicly
read, that if any mistake hath been made in writing it may
be rectified ; that the truth may clearly appear as to the acts.
Let judges also provide that when they have decreed to send
any one to take possession, by reason of the contumacy of
the adverse party, they take proper caution from him that
is to be sent for restoring possession, if the adversary return
within the year ; together with the profits, if any have been
received, after lawful expenses deducted. And we decree
that he be wholly deprived of his right (on supposition that
he had any right in it) who keeps possession by violence, so
that another be sent, on account of his contumacy, and made
true possessor after the year [be ended.]

u By the canon law in this age, if he that was sued for a benefice of
which he was in actual possession, did not appear upon the summons,
the plaintiff was sent to take possession of it by way of sequestration ; if
the former possessor appeared within the year, sentence was given after
hearing the merits of the cause ; but if he did not appear within the term,
he that was sent by the court was rightful possessor. But this was wholly
abolished by Pope Innocent in the council of Lyons f, A.D. 1244. See
Decretal., lib. ii. tit. 14. per tot. Sext., lib. ii. tit. 7.

* His patron probably; for beneficed clergymen were frequently ad
vocates.

* [et beneficio, S. W. add. A, om.~]

f [Cone. Lugd. I. can. ix. Concil., torn, xxiii. col. 621.]

174 LEGATINE CONSTITUTIONS OF OTTO. [A. D. 1237.

y Cap. 38. of Later, council, 1216, which orders two scribes, or regis
ters, for the acts of every court *.

Sir H. Spelman's copy divides this last constitution into three, whereas
it was evidently but one at first f.

When this was done, upon the third day the lord legate
solemnly began Te Deum, all standing up, and after the an-
tiphon, In viam pads, and the psalm Benedictus Deus Domi-
nus Israel, and the blessing given, says Matthew Paris, with
little joy all departed.

* [Concil., torn. xxii. col. 1026.] f [Wilkins agrees with Johnson.]

A.D. MCCL.

PREFACE. ARCHBISHOP GRAY'S CONSTITUTIONS.

THE following constitutions of Walter Gray are styled pro
vincial, as being clearly intended to be observed by the whole
province of York, though published by the sole authority of
the archbishop before named : and there are other instances
besides this of archbishops making constitutions without con
sent of synods. I the rather place it among the provincials,
because it will appear that some constitutions of the greater
province of Canterbury were copied from these of Archbishop
Gray.

A.D. MCCL.

ARCHBISHOP GRAY'S CONSTITUTIONS.

LATIN. THE decree of the Lord Walter Gray, formerly archbishop

Spelman, °f York, primate of England, legate of the apostolical see,

vol. ii. published at York, at the time of his visitation, to the honour

[Wilkins, of God, and the present information of the church of York,

V°698* 1 anc^ to ^e memory °f kU ^a* are *° come-

1. Whereas great controversy often ariseth between the
rectors or vicars of churches, within the province of York,
and their parishioners, concerning divers ornaments and
things belonging to the church; therefore that it may be
known what the rectors or vicars are concerned to uphold
and repair, and what things and ornaments of the church are
to be repaired by the parishioners; we ordain, that all our
parishioners be so well informed in the following particulars,
as that they do all in every respect observe them, 'that is
the a chalice, bthe principal mass-vestment of the church,
with the chesible, the alb, the amyt, the stole, the maniple,
the girdle, with three towels and corporals, and other decent
vestments for the deacon [and subdeacon,] f according to the
condition of the parishioners, and the church, with a silk
cope for the principal festivals, and two others for presiding
in the choir at the feasts aforesaid, a cross for processions,
and another lesser cross for the dead, a bier for the dead, a
vessel for the holy water, an osculatory, a candlestick for the
paschal taper, a cense-pot, a lanthorn with a little bell, a
lenten veil, two candlesticks for the c collets, the legend, the

* [Constitutiones provinciates Ebora- manipulus, zona, cum tribus tuellis,

censes per dominum tValterum Gray, corporalia, et alia vestimenta pro dia-

quondam Archiepiscopum Eboracensem. cono honesta, S. W. The comma after

Ex MS. Cotton. Vitellius, D. v.] 'missale' should clearly be omitted,

*f [viz., quod calix, missale, vesti- see next page, note b.]
mentum ipsius ecclesiae principale, viz. J [ceroferariis, S. W.]

casula, alba munda, amictus, stola,

A. D. 1250.] GRAY'S CONSTITUTIONS. 177

antiphonar, the grail, the psalter, the troper, the ordinal, the
missal, the manual, which are the books : the frontal for the
high altar, three surplices, a decent pix for the body of Christ,
banners for the rogation days, great bells with their ropes,
the holy font with a lock and key, the chrismatory, the
images in the churches, the principal image (in the chancel)
of that saint to which the church is dedicated ; the repair of
the books and vestments, with all the things aforesaid, as
occasion shall be ; the beam -light in the church*, the repair
of the body of the church, and building of it, with the steeple
within and without, the glass windows, the fence of the
churchyards, with the d wings of the body of the church, and
every thing which is known to belong to the parishioners f.

a I do not explain these words here ; because I think it will be done
more conveniently at the fourth constitution of Archbishop Winchelsey.

b Both copies in Sir II. Spelnian (and I have none other) are corrupted ;
I read thus, calix, missale vestimentum ipsius ecdesice principale , casula,
<&c., without making a comma at missale, as if the mass-book were thereby
meant, which is afterwards expressly mentioned, and therefore there was
no occasion for it here, and deleting viz. before casula. For it is certain
a cope, not a chesible, was the principal vestment j : and this constitution
provides four copes to be found at the parishioners' cost, as Winchelsey's
constitution does not.

c So our ancestors called the acolyths, or candle-bearers as they are
styled.

d Read alis not aliis.

All other things shall belong to the rectors or vicars,
according to their several e ordinations; that is, the principal
chancel with the reparations thereof, as to the walls, and
roofs, and glass windows, with desks and benches, and other
decent ornaments, that they may sing with the prophet,
" gLord, I have loved the comeliness of Thy house/" together
with the manse of the rectory, and the reparation thereof
from time to time. And let rectors or vicars know that
they may be compelled to these and other things not written

* [luminare in ecclesia, S. W.] the cope was the principal vestment

f [cum aliis navis ecclesiae, et sin- for processions. See Durandi Ratio-

gulis aliis, quae ad ipsos pertinere nos- nale, lib. iii. c. 1 ; also vol. i. of this

cuntur, S. W.] work, A.D. 960. 33. p. 418-19, and

J [This is a mistake, the chasuble Dr. Rock's Church of our Fathers,

(casula, amphibalum, planeta) was al- vol. ii. p. 448.]

ways the principal mass-vestment, but

JOHNSON. AT

178 GHAY's CONSTITUTIONS. [A. D. 1250.

in this book, by the ordinaries of the places, according to this
and other constitutions approved in this respect.

e i.e. compositions, or endowments.

[Addenda.] f [From hence we may conclude that rectors of churches were bound
to have conveniences in their chancels for the priests and clerks to sit
and lay their books while they were reading or singing their hours or
breviaries. I should not have thought this worth the mentioning, if a
late antiquarian in folio had not pronounced all those chancels, where he
found such desks and benches (stalls he is pleased to call them) to have
had some body of monks, or religious, formerly belonging to them. By
this argument he might probably two hundred years ago have proved
every church in the county to have belonged to some monastery or
college.]

s Psal. xxvi. 8, sec. vuly.

[Lynd., 2. Because by means of divers customs in demanding
'-* tithes in divers churches, great disputes, scandals, and malice
arise between rectors and their parishioners, our will is that
in all parish churches throughout our [h archbishopric, or
archdeaconry] there be an uniform demand of tithes and
other ecclesiastical profits*, Unless the parishioners will re
deem them at a competent rate. And our will is that the
tithe of hay be paid wherever it grows, whether in great
meadows or less, or in the * heads of plough-lands f, and to
the advantage of the church. As to the feeding of cattle, our
will is as to lambs, that for six, or fewer, so many halfpence
be paid ; for seven lambs, or more, the seventh lamb ; but
so that the rector who receives the seventh lamb for tithe, pay
back three halfpence ; k [he who receives the eighth a penny,
who receives] the ninth a halfpenny ; or else the rector may
choose to stay till the next year, and receive the tenth : arid
let him that so stays always insist upon the second, or at
least the third best of the lambs of the second year; and
this on the account of the year's delay. This is also to be
applied to the tithe of wool. If the sheep have fed in one
parish in the Winter, in another during summer, let the

* [The following passage in Wilkins rum. See Johnson's note i. ]
is omitted by Spel man and Johnson : f [sive in hortis, W. Spelman has

In primis volumus, quod decimae de chevicis.

frugibus, non deductis expensis, in- Chiminis, i. e. Viis vel semitis ; et est

tegre et sine aliqua diminutione solvan- vulgare Gallicorum. Lyndwood, gloss,

tur, et etiam de fructibus arborum, et p. 192.]
seminibus omnibus, et herbis horto-

A. D. 1250.] GRAY'S CONSTITUTIONS. 179

tithe be divided. If any buy or sell sheep between the
winter and summer, and it be certain from what parish they
came, the tithe is to be divided, mas in case a thing belong to
two several houses'* : but if this be not certain, let that
church within whose bounds they are shorn have the whole
tithe. As to milk, our will is that the tithe of it be paid,
while it lasts ; of cheese in its season, of the milk itself in
autumn and winter, unless the parishioners will redeem it ;
'and that to the advantage of the church, our will is, that
tithe be paid in full of the n profit of mills f. We ordain that
tithes be paid 'of °pastures of all sorts J, whether common or
not common, according to the number of the cattle, and the
days, and for the advantage of the church §. We ordain,
that tithes be demanded and paid in a due manner of fish
ings, and bees, as of all other things yearly renewing, which
are gotten by lawful means. We ordain that p [personal] If
tithes be paid of handicrafts and merchants, and of the
gains of negotiation; as also of qcarpenters||, smiths, and
weavers, r masons** and victuallers ; that is, let tithes be paid
of their wages, unless they are willing (with the rector's con
sent) to make some certain payment for the benefit, or the
lights of the church. In demanding the s principal legacy,
let the custom of the province with the possession of the
church be observed ; but so that the rector, vicar, or annual
chaplain have the fear of God before his eyes in making the
demand. But because we hear there are some who refuse to
pay tithes, we ordain that parishioners be admonished once,
twice, and thrice to pay tithes to God and the Church ; and
if they persist in their refusal, let them be "suspended from
entrance into the church, and so be compelled, if need be,
by Church censure to the payment thereof. But when they
crave a relaxation, and absolution of the said suspension, let
them be sent to the ordinaries of the place to be absolved,
and punished in due manner. The rectors, vicars, and

* [Sicut de re quse sequitur duo pro valore proventuum faciant redemp-

domicilia, Lyndwood. Wilkins omits tionem. W.]

' duo' perhaps inadvertently.] ' J [De pasturis autem et pascuis,

' f [et hoc ad valorem decimse et Lynd., W.]

commodum ecclesise. De proventibus § [si expedit ecclesias, W.]

autem molendinorum, volumus, quod <fl [personales, W.]

decimae exigantur et solvantur, ad va- || [Carpentariis, W.]

lorem proventuum, et hoc nisi domini ** [Not in Wilkins.]

N 2

180 GRAY'S CONSTITUTIONS. [A.D. 1250.

annual chaplains of churches who do not demand the tithes
effectually in manner aforesaid, either for fear or favour
of men, or for want of the fear of God, shall be involved in
the penalty of suspension, till they pay half a mark to the
archdeacon for their disobedience.

h Our province, Archbishop Winchelsey. Lyndwood here says, that in
some books this is attributed to Archbishop Boniface, in one to an ancient
synod at Merton. Boniface held a synod there, Spelman, vol. ii. p. 304 *.

1 Archbishop Winchelsey's statute here adds, "first our will is, that
tithe of fruits be paid in full, without any deductions, or diminution on
account of expenses, and of the fruit of trees, and all seeds, and garden
herbst."

j Walter Gray's constitution is chevisis in the fore-acres, or heads of
plough-land, but Archbishop Winchelsey's cheminis in the high ways.

k The words in hooks are not in the constitution of Walter Gray J, but
therefore the "sense is imperfect, and must be supplied from Archbishop
Winchelsey's constitution.

1 Winter, says Lyndwood, is from St. Clement's, Nov. 23, till St. Peter's,
Feb. 22 §. Spring till St. Urban's, May 25. Autumn begins, August 24.
St. Bartholomew ; but here, says he, winter and summer include the
whole year ; reckoning from one equinox to the other, or from Michael
mas till Lady-day, or from All Saints to SS. Philip and Jacob, according
to several customs.

m This is a civil law phrase. William Gray's copy says, sicut de re quce
acquiritur ex militia.

n Here W. Gray's copy is not intelligible. Lyndwood inclines that
tithe was due of the whole profit, or toll of the miller, without any de
duction.

0 W. Gray's copy here has piscariis for pascuis.

p This word is not in Walter Gray.

q Walter Gray has arentaria for carpentariis : it is probably an error
of the scribe, or press ; if not, we must suppose that_ he meant tithe of
rent.

r These are mentioned in Archbishop Winchelsey's constitution only.

* [Wilkins, vol. i. p. 736, gives the archiepiscopum Cantuar." Ex quo MS.

acts of the ' Concilium Mertonense,' sequentia exhibemus. Cone. Brit., vol.

A.D. 1258, but without mention of the i. p. 698.]

above constitution among them. The f [So Wilkins in this constitution

following is Wilkins's note upon the as ascribed to Abp. Gray.]

above constitution as commonly ascrib- J [As given by Spelman, vol. ii. p.

ed to Archbishop Gray. 291, but Johnson's emendation is con-

Constitutio haec Bonifacio archiepi- firmed by the text of Wilkins, vol. i.

scopo Cantuar. adscribitur in MS. Re- p. 698.]

gio ix. B. 2. sub hoc titulo : " Statutum § [usque 8 calend. Martii sc. Fes-

generale London, celebratum per vene- turn Cathedrae Sancti Petri., Lynd.

rabilem virum dominum Bonifacium, glo., p. 194, Hyeme.']

A. D. 1250.] GRAY'S CONSTITUTIONS. 181

8 That is, a mortuary, which first was voluntary, and bequeathed by
will, and then gradually grew into a custom.

* That is, the present manner of paying it.

u The curate, says Lyndwood on the constitution of Winchelsey, p.
196, may excommunicate in general, and forbid the guilty person en
trance into the church, upon condition that such curate be in priest's
orders.

A.D. MCCLXL

ARCHBISHOP BONIFACE'S CONSTITUTIONS.

LATIN.
[Lynd.,

Sir H.

p. 305.
Wilkins,
vol. i.
p. 746*.]

The Constitutions of Boniface, lord archbishop of Canter
bury, (uncle by the mother to Eleanor, queen consort to
King Henry the Third, now reigning, brother to Peter,
now earl of Savoy,) published at Lambeth.

To all the sons of holy mother Church throughout the
province of Canterbury, Boniface by divine miseration arch
bishop of Canterbury, primate of all England, and his suffra
gans; for the information of them that now are, and the
remembrance of them that are to be.

The sanction of the divine will, which has distinguished
the order of all things, and the composition of all nature in
weight, number and measure, intended that earthly govern
ment should follow the pattern of the heavenly ; by restrain
ing mankind (whom it designed to a dignity beyond the rest
of the creation) from sensual lust by laws of nature, and
from the frailty of their wills by legal institutes ; that they
who are mighty should not think they were allowed an arbi
trary power over those below themselves ; nor those below
(whom an unalterable series of causes has distinguished from
those above them, to whom they are by nature equal) de
spise the discipline of their superiors. But as this habitable
world is subject to the heavenly government, so as to have
night and day by a continual succession according to the
disposition of the heavenly lights : so the spiritual, and ter
restrial, the sacerdotal and regal order of governors should
so manage the reins of dominion put into their hands, that

* [Concilium Lambethense, in quo
constitutiones provinciates per Bonifa-
cium, Cantuar. archiepiscopum, editte
sunt tertio idus Mail, A.D. MCCLXI. et

regni regis Henrici tertii xlv. Ex MSS.
Cott, Otho A. xv. et Vitell. A ii. Collat.
cum MS. Lambeth, n. 17. et MS. Elien.
n. 235.]

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 183

the force of one should not obstruct the proceedings of the
other ; but that each should assist the other with a mutual
charity; as partaking of that light they have for the dispell
ing of darkness from men.

The former fathers and our predecessors the archbishops
of Canterbury, primates of all England, and their suffragans,
and especially Edmund, the friend of God, our late predeces
sor, whose memory is blessed and whose lot is among the
saints, and we also, who immediately have succeeded him in
the government without deserving it, with our brethren and
fellow bishops the suffragans of the church of Canterbury
in our times, considering with great concern that the griev
ances and oppressions which lie hard upon the liberties of
the Church of England do riot at all turn to the advantage
of the king our lord, but rather to the great hazard of the
salvation of his soul and ours, and to the lessening of his
honour and of that of the whole kingdom, we have often,
with great importunity and reverence, admonished and pe
titioned him, and caused him to be petitioned ; and have in
season and out of season prayed and required the princes,
great men of the kingdom, and counsellors who manage
the affairs of the kingdom, that they would remember with
how many plagues the Egyptians were smitten because they
forced the people of God, the children of Israel, (who were
a type of the ministers of the altar,) to serve in brick and
clay, subjecting them to undue slavery, contrary to the pre
cept of the Lord and the privilege of natural right, by which
a man is bound not to do that to another which he would
not suffer himself; that they would prudently consider that
Christ so loved His Church (for whose sins fathers are now
by force taken from their children, and the sheep worry
their shepherds) that He with His own Blood blotted out
the handwriting of servitude occasioned by Adam's trans
gression, 'and has dyed her red with the blood of martyrs
fighting with the arms of faith against the princes of the
world and secular powers ; that they would pay an humble
deference to so pious a privilege, that was purchased so
dearly (the charter of liberty granted from heaven to the
Church, and afterwards renewed upon earth by the faithful
princes of the world) by permitting the English clergy with

184 BONIFACE'S CONSTITUTIONS. [A.D. 1261.

a concern for their liberty to offer the sacrifice of praise
to God*, lest their persecutors should be drowned in the
floods of divine anger; if they force them to be slaves in
contempt of the divine command. But although we have
patiently laboured with our repeated petitions, yet our con
tinued importunity has never been heard, or produced its
expected effect. And because what is usurped against the
Prince of Heaven cannot be neglected without danger, we
have provided certain remedies in opposition to the griev
ances aforesaid (as when we neither ought nor can connive
any longer without offending God) by having recourse with
confidence to the armour of righteousness, which is the word
of God, more piercing than a two-edged sword : and this we
have done by the approbation of the council by providently
ordaining, in opposition to the attempts of the perverse, in
manner and form following.

1. ' aObserving that the scythe of earthly dominion is more
licentiously (charity growing cold) put into the harvest of our
Lord than the heavenly law allows, which commands us to
render to Csesar the things that are Caesar's, and to God the
things that are God's, (Christ not sending kings and secular
princes into His harvest, but the Apostles and their suc
cessors, who were by faith conquerors of kingdoms and
kings;) we are smitten with grief of heart and bitter horror,
fearing lest we incur the peril of [divine] indignation while
we neglect to encounter evil menf. Since, therefore, the
Church of England, a parcel} of the divine harvest, is seve
ral ways grinded by direful concussions, sacrilegious insults,
new usurpations, nefarious oppressions, not only against di-

'* [et sanguine martyrum, armis in quanon reges et principes seculi, scd

fidei dimicantium, adversus mundi regnorum victores et regum per fidem

principes et seculi potestates rubrica- apostolos, et successores eoruin Chris-

vit, privilegium libertatis e cselo prius tus mittendos elegit falcem ten-erne

concessum ecclesiae, et in terris post- dominations, charitate frigescente, cer-

modum a principibus hujus mundi nentes effraenatius currere, quavn cee-

fidelibus innovatum. Huic inquain, lestis regula patiatur, qua reddi ju-

privilegio tarn pio tamque nobili pretio bentur Caesari, quae sunt ejus, et quae

comparato, deferrent humiliter ob re- sunt Dei, Deo; dolore cordis concuti-

verentiam Redemptoris, permittendo inur, et amaritudine rejjjemur liorroris,

clerum Anglic in solitudine libertatis, timentes, quod dura occurrere malis

laudis sacrificium Domino immolare ; negligimur, indiguationis periculum

**•] incurramur. W.]

't [In nomine sanctae et individual J [non contemnenda portiuncula,

Trmitatis, Patris, Filii, et Spiritus W.]
Sancti, Amen. In messem dominicam,

A. D. 12GL] BONIFACE'S CONSTITUTIONS. 185

vine rights and canonical statutes, but also against the liber
ties granted by kings, princes, and other great men of the
kingdom, and this not without offending the supreme King,
and to the perpetual danger of the souls of our temporal
king, and of the great men of the kingdom, and of our
own subjects, we can no longer pass them over with con
nivance. We, by the authority of this council, forbid and
ordain, that if it happen from this day forward, which God
avert from the sight of the faithful sons of holy mother
Church, that an archbishop, bishop, or other inferior prelate
be called by the king's letters before a secular judicature
to answer there upon matters which are known to concern
merely their office and court ecclesiastical, as whether they
have admitted or not admitted clerks to vacant churches or
chapels, or have instituted or not instituted rectors in the
same; 'whether they have excommunicated or denounced
excommunicate their subjects interdicted*, or consecrated
churches, have celebrated orders, have taken cognizance of
causes purely spiritual, as tithes, oblations, bounds of parishes,
and the like, which cannot concern the secular court; 'or
have taken cognizance of the sins of their subjects, or their
excesses, as perjury, breach of faith, sacrilege, violation, or
perturbation of ecclesiastical liberty, (especially because such
violators and perturbators do bipso facto incur the sentence
of excommunication by charters granted by our lord the
king to the Church,) or whether they take cognizance of
actions personal concerning contracts, or cquasi contracts;
trespasses, or quasi trespasses, either between clergymen, or
between clergymen complainants and laymen defendants ;
or whether they have not compelled ecclesiastical persons
amerced at the command of our lord the king to pay such
amercements, or have not themselves paid them for themf;

' * [suspemlerit, vel interdixerit, ex- excommunicationis incidant ipso facto,

communicates suspenses vel interdictos Item, si vocetur prselatus ad judicium

denunciaverit, W.J seculare, pro eo quod cognovit inter

' f [aut quia cognovit de peccatis, clericos suos, vel inter laicos conque-

et excessibus subditorum, sicut de per- rentes et clericos defendentes in perso-

jurio et fidei transgressione, sacrilegio, nalibus actionibus super contractibus

violatione ac perturbatione ecclesias- aut delictis vel quasi; aut pro eo, quod

ticae libertatis, cujus violatores et per- personas ecclesiasticas ad man datum

turbatores, necnon et libertatum per domini regis, in judicio seculari non

chartas domini regis ecclesiae conces- exhibet; seu clericos in foro seculari pro

sarum contradictores, in sententiam negotiis ad forum ecclesiasticum per-

186 BONIFACE'S CONSTITUTIONS. [A. D. 1261.

or whether they have exercised their canonical accustomed
jurisdiction in the churches or chapels annexed to their
bishoprics and monasteries, and vacant by the death of their
prelates; or whether they have done or not done any thing
of this sort pertaining to their office*, we ordain by autho
rity of this present council, that archbishops, bishops, and
other prelates do not come, when they are called for such
spiritual matters ; since no power is given to laymen to
judge God's anointed; dbut they are under a necessity of
obedience. Yet that deference may be paid to royal majesty
let them go, or write to the king that they cannot obey such
royal mandates but eat the hazard of their orderf. 'flf the
king in his [writs of] attachment, prohibition, or citation
make mention of the right of advowson, of chattels, of the
trespasses of his subjects, or bailiffs; (the correction of whom
he affirms to be in himself only) not of tithes, or of the
breach of faith or perjury, not of sacrilege, or of the pertur
bation of ecclesiastical liberty, then let the said prelates in
timate to him, that they take no cognizance of advowson,
chattels, or other things belonging to his court, and intend
no such thing ; but of tithes, sins, and other mere spiritual
things belonging to their office and jurisdiction, and to the
health of souls ; admonishing and entreating him not to
obstruct them as to the aforesaid particulars J. And beside
this, let the bishop who is particularly concerned go to the
king, and admonish him over and again that he consult his
soul's health, and wholly desist from such mandates : and if
he does not, then upon solemn notice given by the bishop,
let the archbishop, if in the province, or else the bishop of
London, as the dean of the bishops, calling two or three

tinentilms, amerciates non compulit ad de transgressione subditorum vel bal-

amerciamenta exolvenda, seu ipsa pro livorum suorum, quorum correctiones

eisdem non solvit. W.] ad se tantum asserit pertinere, fecerit

'* [pertinentia ad olficium pastorale, mentionem; tune intiment ei praelati

et ad forum seu jurisdictionem eccle- praedicti, quod non de patronatu, cujus

siasticam evidcnter; W.] cognitionem rex de facto exercet, neque

f [Johnson omits, et subversione de cat aliis seu aliis ad forum ipsius per-
ecclesiasticse libertatis, W.] tinentibus, cognoscunt seu cognoscere
J [Et si forte dominus rex in suis intendunt; sed de decimis, peccatis, et
inhibitionibus vel summonitionibus, aliis mere spiritualibus, ad officium et
non de decimis, sed de jure patronatus, jurisdictionem eorum pertinentibus, et
non de fide mentita seu perjurio, sed ad animarum salutem ; monendo et ro
de catallis, non de sacrilegio vel per- gando eundem, quod ipsos non impe-
turbatione ecclesiasticas libertatis, sed diat in pramiissis, W.J

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 187

more of the bishops to him, go to the king and admonish
him, and earnestly require him to supersede the aforesaid
mandates; and if our lord the king contemning such ex
hortations and admonitions, do by himself, or by others pro
ceed to [make] such attachments and distresses, then let the
sheriffs and bailiffs whatsoever they be, who make the at
tachment or distress, be laid under the sentences of gexcom-
munication and suspension by the diocesans of the places
in form of law*. Let the same be done, if the sheriffs or
bailiffs make such attachments, or distresses, during the
admonitions to our lord the king to be made in manner
aforesaid. And if the sheriffs or bailiffs persist in their
hardness, let the places in which they dwell, and the lands
which they possess in the province of Canterbury, be laid
under an ecclesiastical interdict, by authority of this present
council, by the diocesans of the places, after solemn notice
of the diocesan [principally concerned f.] And if they who
make such attachments be clerks and beneficed men, let
them be suspended from their office, and if they persist in
their malice, be forced to desist, and make satisfaction by
withdrawing from them the profits of their benefices; and if
they be not beneficed, let them not be admitted to any bene
fice within the province of Canterbury for five years'* time,
h though they be presented. But let the clerks who wrote,
dictated, or signed the writ of attachment, or distress, or
gave their advice or assistance towards it, be canonically
punished : nor let any of those who are for any reason sus
pected of the aforesaid [crimes] be admitted to any ecclesias
tical benefices till they have purged themselves from them.
And if our lord the king having been sufficiently admonished,
or any other secular power, yet do not revoke the attachments,
let the bishop who has been distressed, put the 'streets,
vills and castles J which our lord the king, or other secular
power, holds within his bishopric, under an ecclesiastical
interdict. 'And if the king or other secular potentate per-

* [Ne procedant contra ipsos atta- districtiones, "W.]

chiatos, per locorum dioecesanos, in ' J [terras, vices, villas, et castra,

forma juris, per suspensionis, et ex- Lynd. p. 317; terras, villas, dominia,

communicationis sententias arceantur, (vicos, MS. E.) et castra, Wilkins, vol.

W.] i. p. 748.]

f [in cujus episcopatu tales fueriut

188

[A.D. 1261.

sist in his hardness*, let other fellow-bishops resent such
a distress as committed in common upon them all, and as a
public injury to the Church, and lay the cities, demesnes,
boroughs, castles, and vills of the king himself, or of the
other power being within their bishoprics, under an eccle
siastical interdict by authority of this present council. And
if upon this the king do not within twenty days after re
voke such attachments and distresses, but rather lay his hand
more heavily upon the Church f, then let the archbishop and
bishops lay their own dioceses under an ecclesiastical inter
dict, Let the same be done as to the lands, castles, and
boroughs that enjoy royal privileges within the said province.
And if any bishop be found remiss in this respect, let him
be severely reprehended by his metropolitan, and if he persist
in his neglect, be canonically punished by him. And let his
diocese notwithstanding be laid under ecclesiastical interdict
by the consent of all the prelates, and by his own given in
this present council. And if the acts of process are de
manded from any bishop, judge ecclesiastical, or inferior
prelate, who is compelled by distresses, or who voluntarily
appears before our lord the king, or his justices, to allege the
privilege of his court, 'in a case not allowed by law, viz., to
admonish them to desist from their injuries; to the intent
that by those [acts] it may appear, whether he has in any of
the aforesaid cases acted contrary to the king's prohibition;
or if any oaths, excuses, or purgations are required there
upon ; let him by no means shew the acts, or give his oath ;
since the instruments of this sort may be shewed jby the
parties, or by one of them if there be occasion. And if he
be a clerk who is arrested on this account, let the diocesan
of the arrested, or impeached clerk, or the archbishop, or the

* [Johnson here follows the abridged tanquam decanus episcoporam, duobus

form in Lyndwood's text, p. 317, 18, episcopis vel pluribus sibi adjunctis,

rather than that in the Oxford appen- dominum regem adeant, et ipsum mo-

clix, p. 16, which agrees with Wilkins neant diligenter, requirentes, quod a

as below : mandatis supersedeat supradictis.

Et si rex vel alia secularis potestas Et si dominus rex hujusmodi exhor-

contemptis pcenis hujusmodi, in sua tationibus et monitionibus obauditis,

duritia perseveret, tune archiepiscopus ad attachiationes vel districtiones per

ad denunciationem episcopi conque- se, vel per alios processerit, W.]
rentis, convocatis duobus episcopis, f [Johnson omits, et effectus cum

vel tribus, aut pluribus, quos duxerit Pharaone durior inter flagella poana-

evocandos, si in provincia praesens ex- rum, Wilkins and Lyndwood, app., p.

titerit; alioquin, episcopus London. 17.]

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 189

bishop of London as dean of the bishops, taking some other
bishops with him, demand him, and punish them that detain
him, as if the arrested party were a bishop. And in this
case let the proceedings be according to the punishments
before expressed, if there be occasion.

a These are the boldest constitutions that were ever made in an English
convocation : nor would any king ever have been patient under such loads
of reproach as were cast upon him by all orders of men but Henry the
Third, whose foibles, and especially his forgetfulness of promises, had
made him contemptible at home and abroad : nor would he probably
have borne such attempts as these of the bishops, but that he was at pre
sent embarrassed with his barons. Yet probably some public opposition
was made to these constitutions. See Archbishop Pcckham's preface to
his Constitutions at Lambeth, 1281.

b Magna Charta was passed into a law by this king A.D. 1225, and it
was renewed by him again A.D. 1253, at which time this Archbishop
Boniface and his suffragans, solemnly with lamps in their hands, pro
nounced sentence of excommunication against the infringers of it in West
minster Hall *. Lyndwood says that Charta de Foresta is also here meant.

0 Quasi contract is, when a man takes care of the goods of an absent
friend, or of the estate of a minor or lunatic, in which cases there be no
real agreement, but yet the civil law supposed one. Quasi trespass is,
when a man hires or borrows a horse, but keeps it somewhat longer, or
rides it farther than he said he should.

d This is taken from Decretal., lib. i. tit. 2. can. 10. Laicis super eccle-
siis et ecclesiasticis personis nulla sit attributa facultas, quos obsequendi
manet necessitas non imperandi autoritas.

e Of this see the whole title now mentioned.

f [Boniface here hints, in what cases the temporal judges sent their at- [Addenda.]
tachments and prohibitions against the ordinaries, viz., when they took
into their cognizance causes concerning advowsons, chattels, and tres
passes : but he mentions tithes, breach of faith, that is, of covenants and
of oaths, as things which the king and his judges owned to belong to the
ecclesiastical court •}•.]

s That is, that one of these sentences be inflicted, according to the
quality of the offence and the offender, says Lyndwood. But the reader
will here observe the great injustice of these sentences, by which the prin
cipals are acquitted, and the instruments only censured.

h Lyndwood here observes that this part of the constitution did not take
placet-

* [See vol. i. p. 140.] electione, vel alia provisione, ut vide-

f [" See Cosin's Apologieof certairie tur, bene possunt admitti : quia in eis

proceedings in Courts Ecclesiastical], non procedit hsec constitutio. Sed su-

P. i. c. 12. p. 91, &c. ; 8. p. 50." MS. per hoc die ut notavi, supra, de jure pa-

note Wrangham.] tro. c. per provinciam. ver. non tenere.

J [The following is the entire gloss ver. sed ut melius. Provinciale, lib. v.

to which Johnson refers; tit. 15. p. 317 ; cf. ibid., p. 218.]
Prcesentati. Ex collatione tamen,

190 BONIFACE'S CONSTITUTIONS. [A.D. 1201.

1 I follow Sir II. Spelman in casu a jure non concesso. Oxf. nisi in
casu a jure permisso*. Lyndwood's text is nisi in casu a judice permisso:
nor does it appear how his text stood here when he wrote his gloss. I
suppose the meaning is in a case not allowed by the temporal law ; as to
the preamble of this constitution, I have chiefly followed the Oxford copy.
It is not in Lyndwood, and Sir H. Spelman's copy seems not to be in its
order ; yet some words in this latter are preferable to those in the other.
I have not advertised my reader of the variations, because they are of no
great consequence^ and do not affect the body of the law.

j See Const, of Otto, 29.

[Lynd., 2. klf when a man has recovered his right of advowson in
p 217.] t^e k'jjgjg court, the king write to the bishop, or to another
that has the right of institution, to admit the clerk presented
by the recoverer, let him admit him, if the benefice be
vacant, and there be no canonical impediment, lest an injury
be done to the patron. But if the benefice be not vacant,
the prelate may excuse himself to the kingf, by answering,
that he cannot fulfil the king's mandate, because the bene
fice is not vacant. But the recoverer may again present him
that is in possession, that so the right of the recovering
patron may be evident for the future.

k This chapter is not distinguished from the foregoing in Sir H. Spel
man nor in the Oxford copy ; but it is clearly upon a new subject, and Lynd-
wood treats of it by itself.

[p. 318.] 3. Farther, because ambition, which lewdly imitates virtue,
esteems nothing unlawful that is profitable, and cares not by
what inventions it satisfies the thirst of a covetous mind;
while thinking gain to be godliness it makes damnable pur
chases of preferment ; with the approbation of the sacred
council *we strictly forbid clerks of what condition and order
soever to take possession of parochial or prebendal churches
with cure of souls, or other ecclesiastical benefices, dignities,
or parsonages, by their own authority, or cause themselves
to be thrust into them by a lay power : and if any one be
thrust in without ecclesiastical authority by a lay power,
let him be excommunicated in due form of law, and so de
nounced by the diocesan, and be ipso facto perpetually de
prived of that benefice. And if he obstinately persist J in his

* [nisi in casu a jure concesso, W., riis, Wilkins and Lyndwood. ]
permisso, MSS. L. E.J J [Johnson omits, Per duos menses,

f [Johnson omits, vel suis justitia- WUJcins and Lyndwood.]

A.D. 1261.] BONIFACE'S CONSTITUTIONS. 191

intrusion after such sentence passed, let the profits of those
benefices [which he has elsewhere] be wholly withdrawn
from him till he make satisfaction, by the diocesans of the
places where they lie, after solemn notice given by the
bishop in whose diocese the intrusion was made, and whose
monition and excommunication he for so long time con
temned. And if he that was so thrust in remain under the
sentence of excommunication by the space of a year, let him
not thenceforth be admitted to any ecclesiastical benefice in
the province of Canterbury. If another clerk were so thrust
in as his proctor, let process be made against the proctor in
the same manner, and let him be liable to the punishments
aforesaid. If the proctor were a layman, let him be excom
municated in form of law, and publicly denounced as such.
And let his principal, if absent, be summoned, and if he
appear and ratify the fact of his proctor as to this point, let
him be liable to the punishments aforesaid. But if he con
tumaciously absent himself for three months, let him be in
volved in a greater excommunication, and yet incur the punish
ments before provided, since he adds disobedience and con
tempt to his sacrilege. If he be out of the kingdom let him
be proceeded against in the like manner, after a citation,
time being allowed for his being beyond sea. And let the
church or prebend into which the intrusion was made be
put under ecclesiastical interdict. Let the fautors and
abettors in such an intrusion, if they are clerks, incur the
punishments before provided against clerks, and if laymen
the punishments against laymen. And let the places and
lands of such intruders be put under ecclesiastical interdict,
unless they make satisfaction within a month. But if such
intrusions be made by royal power, let our lord the king be
monished by the diocesan of the place to cause them to be
revoked within a competent time ; or else let the lands and
places, which our lord the king hath within that diocese in
which the intrusion was made, be laid under ecclesiastical
interdict, according to the form above mentioned : if the in
trusion be made by any other great man, or potentate, let
them be coerced by the sentences of interdict and excom
munication, as above. And if they patiently bear these sen
tences passed on them on this account for two months,

192 BONIFACE'S CONSTITUTIONS. [A. D. 1261.

thenceforth let their lands and places which they have in
mthat diocese be put under ecclesiastical interdict by the
diocesan of the place, and let the aforesaid sentences not be
relaxed till they make competent satisfaction for the^ injury,
disobedience and contempt.

1 Since the other two copies agree, I suppose that Lyndwood altered the
series of this constitution, but not the sense, excepting that he makes no
mention of clerks seizing benefices by their own authority *.

m In ilia dicecesi, Sir H. Spelman and Oxf. In alia, Lyndwood.

[Lynd., 4. Farther it sometimes happens, that men excommuni
cate "at the command of the prelates, [and] taken up and
imprisoned according to the custom of the kingdom, are dis
missed sometimes by the king, at other times by the sheriff,
or other bailiff without consent of the prelates (at whose
mandate the enlargement of such men ought to be granted)
and before satisfaction is made. And excommunicates very
often are not taken up, and the king's letters for taking of
them up are not granted. Sometimes the said king, sheriffs,
and bailiffs communicate with such excommunicates that have
been publicly denounced, in contempt of the keys of the
Church, to the subversion of ecclesiastical liberty, and to the
hazard of their own souls. Being therefore willing to apply
a proper remedy to this evil, we ordain that excommunicates
so taken up and so escaping out of prison, be publicly and
solemnly ° excommunicated, and denounced excommunicate
in such places as the ordinaries shall think fit, with bells
tolling, and candles lighted, to the greater confusion of the
enlargers and of the enlarged. Let the sheriffs and bailiffs
who dismissed them without satisfaction to the Church be ex
communicated in due course of law, and so denounced : yet,
if they did it with the king's mandate, let them be more gently
treated at the discretion of the ordinaries. If the customary
writ de excommunicato capiendo be denied, when it is re-
quired in a case where it ought to be granted according to
the approved custom of the kingdom, let our lord the king
be monished by the prelate who p writes for the taking up
of [the excommunicate], that he grant it, and cause it to

* [Johnson seems to have overlooked ciale, p. 319.]
'per se' in Lyndwood' s text, Provin- f [So Wilkins.]

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 193

pass. But if he do it not, let his cities, castles, burroughs,
and vills which he has in the diocese of him that writes
on this occasion be put under ecclesiastical interdict by the
bishop so writing till the denied letters be granted and have
been executed according to law. Let qsuch as communicate
with excommunicates be proceeded against with the censures
of ecclesiastical discipline.

n Lyndwood so understands these words, as if the offender were taken up
at the command or mandate of the prelate, but then explains mandate by
request. He seems to jme not to have hit upon the true construction of
this sentence*.

• It was no unusual thing in these ages frequently to repeat the publi
cation of the sentence of excommunication ; and the canon law allowed,
and in some cases required it.

p That is, who certifies the excommunication to the king, and requests
the capias f, and who, if he refuse to certify, may be compelled by the
archbishop, says Lyndwood J.

q Sure they had forgotten that the king was one of those who had
offended in this point, according to the foregoing part of the constitution.

5. rlt sometimes happens that clerks, without respect of [Lynd.
persons, without licence of the prelates, are seized as male- p
factors, or suspected of some crime or personal injury by a
lay power, and thrust into gaol, and not surrendered to their
ordinaries upon demand, to be tried freely according to the
canons, although they were not caught in the fact, nor con
victed : and if clerks who are charged with crimes do not appear
upon a summons from a secular judge, they are banished out of
the kingdom : now because ecclesiastical liberty is confounded,
when a clerk is judged by a layman, we ordain that if the
clerks so taken be well known and honest, they who take
and detain them, and refuse to surrender them at the de
mand of their ordinaries, be publicly denounced excommu
nicate by the ordinaries of the place. And let the place in
which they are detained, and the lands of those who take and
detain them, be put under ecclesiastical interdict till their
bodies are surrendered and competent satisfaction be made.

* [Mandatum, i. e. Rogatum, vel in- auxilium, potest compelli per excom-
telligas proprie : quia ad mandatum municatkmem. Lyndwood, gloss, Pro-
Ecclesiae judex ssecularis tenetur prae- vinciale, p. 350.]

stare auxilium judicibus ecclesiasticis f [Provinciale, p. 351-2, gloss, Dari

ad puniendum criminosos et rebelles. . . debet. — Prcesentantem.']

Et si judex ssecularis non vult praestare J [Ibid., p. 350, gloss, Praelatorum.'}

JOHNSON. O

194 BONIFACE'S CONSTITUTIONS. [A. D. 1261.

•

Let such as falsely charge them with crimes, or maliciously
invented calumnies, for which they are seized and injustly de
tained, be denounced ipso facto excommunicate, s(as they are
by the council of Oxford) : let clerks who are wanderers, and
not known, when taken and detained for any cause, be de
manded of the king, or of him who has power to surrender
them (if they retained their Clerkship) by the ordinaries of
the places, that he may restore them to be freely tried by
the Church. And if they be denied let the opposers and
detainers be proceeded against by the punishments above
mentioned. uAnd if the clerks surrendered to the Church have
been amerced by the secular judge for wrong done to any
person, let not the prelates compel the clerks to pay the
amercements, since they were not condemned by their proper
judges. And if it happen that the prelates are distressed, or
attached on this account,, let them defend themselves by the
remedies before mentioned. Let the same be done as often
as ecclesiastics are amerced by a secular judge for matters
[Lynd., which belong purely to the ecclesiastical court*. If the clerks
p' 312'-" have purged themselves of what was objected against them in
a x canonical manner; and yet a lay-power seizeth and de-
taineth their goods ; let them who seize or distrain them be
[p. 321.] compelled to restitution by ecclesiastical censure. If the
clerks when taken have their tonsure and clerkship, but
have been maliciously y shaved while they were in custody,
and hanged, or otherwise punished, let those who shaved or
hanged, or otherwise punished them, or gave their advice or
assistance toward it, be liable to the punishments above men
tioned: and let the like punishments be inflicted on them
[p. 308.] who banish such clerks. And if any clerk be defamed and law
fully convicted of transgressing the laws concerning forests
and parks before his ordinary, or confessing his crime to
him, let him have a severe ransom laid upon him in pro
portion to his transgression, if he have goods of his own;
and let the ransom be assigned to the injured party. If
he have not, let the bishop lay upon him a severe per
sonal punishment in proportion to the fault, lest assurance

* [The order of the next four sen- " De clericis diffamatis de foresta,"
tences in Wilkins differs by the inser- answering to Johnson's last two sen-
tion at this place of the constitution, tences.]

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 195

of impunity render men presumptuous and licentious in
offending.

* Here Lyndwood observes that these constitutions of Boniface were for
the most part neglected, and he says that he passed over such as were not
agreeable to common law.

s Ipso facto excommunications sprung up in this age. The term is not
used in the first constitution of Archbishop Langton, to which Boniface
here refers ; but it seems the general excommunications published by him
were now interpreted as meant ipso facto. That which distinguishes this
excommunication from others is that it is incurred from the minute that
the penal fact was committed, whereas other excommunications had no
effect till denounced. If indeed the fact by which a man excommunicated
himself was not known by any but himself, it could not expose him to the
external consequences of a Church censure till by his own confession, or
some other means, it came to light, and till the sentence had been published
against him ; yet even in this case he was supposed to be excommunicated
inforo inferno, from the time of his committing the offence : and therefore
if a man received orders while under such a secret excommunication, he
was irregular, and the pope's dispensation, or the bishop's at least, was
necessary in order to qualify him for the exercise of his function ; and if
he after the fact committed, and was conscious of his being excommu
nicated, performed any action which was inconsistent with the state of an
excommunicate, he was bound to do penance for it before he could have
absolution.

* That is, says Lyndwood, if he were apparelled like a clerk, and had his
tonsure on the crown of his head, and his hair shorter than the lower part
of his ears ; and had not before his being taken into custody carried him
self as a layman.

u Here is a clause in the Oxford copy omitted both by Lyndwood and
Sir H. Spelman, whether because it was not genuine, or that it was not
very intelligible, cannot be certainly said. It supposes the bishop fined
by the secular judge for not bringing or sending the clerk to the secular
court : and adjudges all concerned in levying the fine to the punishments
provided against clerks in the foregoing constitutions of Boniface*.

* That is, by the oath of a competent number of those of the same, or a
higher order.

y That is, have had all the hair of their head shaved off, so that the
tonsure of their crown cannot be discovered, nor the canonical cut of their
locks be seen.

* [The following is Wilkins's text clerici fuerint sive laici, proferantur.

of the omitted passage : Clerici autem domini regis, vel qui-

Et si reddantur, libere judicentur, cunque alii, qui executionem hujus-

non expectatis justitiariis quibuscun- modi poanae prosequuntur dictando,

que. Atsi justitiarii clericis eisdem scribendo, sigillando vicecomitibus vel

coram iis non exhibitis, episcopum con- aliis ballivis hujusmodi mandata diri-

demnent in pcena pecuniaria prense gendo,pcenis subjaceantin clericospro-

superiores in ipsos justitiarios, sive mulgatis, superius annotatis. W.p.750.]

196 BONIFACE'S CONSTITUTIONS. [A.D.I 261.

6. z Whereas some laymen making mutual contracts with
clergymen, and confirming the contracts by pawning their
faith, and by corporal oath ; and yet being convened by the
ecclesiastical judge for contempt of their faith and oath,
obtain the king's prohibition, that so they may decline the
enquiry of the ecclesiastical judge for perjury and breach of
faith* : we provide that if laymen be the obtainers they be
coerced with an excommunication (as is abovesaid) : and if
they do not desist, and have an estate in immoveables, let
their lands be laid under interdict : if they have not, let
their a servants, that are not slaves, be admonished to leave
them within eight days; or else let the same sentence of
greater excommunication be passed on them. If a clerk or
religious man be guilty, let canonical punishments be in
flicted on them : if the clerk persist, let him be proceeded
against with the punishments above mentioned for perti
nacious clerks. blf a layman be plaintiff, let him not be ad
mitted, except he have a lay-fee. If the bishop be distressed
let our lord the king and the distressor be proceeded against
as above is expressed. Let the same be observed in the like
prohibitions. Let the same be observed if a third party cby
way of traverse come and offer the prohibition, or cause it to
be offered ; if he in whose behalf it was evidently obtained
do stand by it either in word or deed f.

z This is not either in Sir H. Spelman nor in Lyndwood, yet it is so much
of a piece with the rest of these constitutions, that I cannot doubt but
that it is genuine : and I was willing to give my reader Boniface's whole
scheme, whereby he hoped to overpower the king, and all his secular
ministers ; and which is indeed very singular.

* Mercenarii, non vacatce personce. Slaves are not by any civil law
owned to be persons : for they have no rights, and cannot sue, or do any
action in their own names, therefore they are persons vacated, or annulled.

b The foregoing clause of the canon supposes the plaintiff to be a clergy
man : here the layman is supposed to be plaintiff', but is denied that pri
vilege unless he be a landed man. For Boniface would not allow any

* [Itaque, cum nonnulli adinvicem, super perjurio et fidei laesione examen
et plerumque cum (a) clericis contra- ecclesiastic! judicis sic declinent, W.
hentes ipsos contractus fidei datione The word 'a' is here enclosed as appa-
vallantes, aut corporali praestito jura- rently redundant]

mento firmantes, qui fidei sibi aut sa- f [Here follow in Wilkins the con-

cramenti praestiti religione contempta, stitutions given below with the num-

coram judice ecclesiastico convent! bers 16, 17.]
regiam prohibitionem impetrant, ut

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 197

worthless person to charge a man in holy orders with breach of faith or
oath.

c Lat. ex tmverso. Whatever the defendant does or says, in order to
evade an indictment brought against him, may be said to be done by way
of traverse.

7. d Because ecclesiastical judicature is likewise e con
founded, and the office of prelates obstructed, when a Jew
offending against ecclesiastical things and persons is convicted
of these or other matters which belong to the ecclesiastical
court by pure right, and yet is not permitted by the king,
sheriffs, or bailiffs to stand to the ecclesiastical law ; but is
rather forced to betake himself to the [king's] court. Now
we ordain that such Jews be driven to make answer in such
cases before a judge ecclesiastical by being forbidden to
traffic, contract, or converse with the faithful : and that they
who forbid and obstruct them, and that distress judges and
others on this account, be coerced by the sentences of excom
munication and interdict.

d In translating this constitution I principally follow Sir H. Spelman's
copy ; Lyndwood omits it *.

6 Ecclesiastical authority was certainly confounded by these prelates
going beyond their line, and assuming to themselves a power of judging
them, that were without. See law penult, of K. Edw. Conf. f

8. f Whereas such as betake themselves to the privilege of [Lynd.,
the Church can sometimes scarce be provided of victuals by p' "
reason of the strait custody under which they are put, and

that they are often dragged from the churches, churchyards,
or public roads by violence, after they have forsworn their
country, and being dragged from thence are slain in a cruel
manner to the prejudice of the immunities of the Church : we
ordain that they who hinder the bringing of victuals to such
refugees whom the Church is bound to defend, be chastised
with ecclesiastical censure at discretion of the ordinaries J.
We decree that they who drag them from any place that enjoys
ecclesiastical immunity, or that rashly kill them, after they
have forsworn their country, (since they are there under the

* [Wilkins gives it as Spelman.] J [Compare in vol. i. Laws of K.

f [See in vol. i., A.D. 1064. 15. p. Alfred, A.D. 877. 1. 2. 4(5, T.), 19
530.] (42, T.) pp. 318—20. 327.]

198 BONIFACE S CONSTITUTIONS. [A. D. 1261.

protection of the Church,,) be * punished with all the punish
ments due to sacrilege : one punishment not annulling the
rest. Let no guards be set by a lay power in the church or
churchyard against them that flee to the Church. Let those
who presume either to be of those guards, or to set them
there, be coerced by a sentence of excommunication in form
of law. But let the Church protect h those only whom the
canons direct to be protected.

f For the understanding this and other constitutions concerning
sanctuaries, it is necessary to advertise my readers that the clergy of the
church to which the criminal fled were bound to provide victuals for him
while in sanctuary : that the criminal, while in sanctuary, had liberty of
going thirty paces from the church, and forty if it were a cathedral : that
though the criminal by taking sanctuary secured life and limb, yet he was
not secured from pecuniary satisfaction ; much less from penance, nor
from paying his debts : that for greater crimes all but clerks were here in
England bound to swear that they would leave the kingdom, and not
return without royal licence ; after taking this oath they were to take the
direct road to the next port, and embark by the next opportunity ; while
they were in that road they were deemed to be in sanctuary.

s He who committed sacrilege on an ecclesiastical person was ipso facto
excommunicate ; he who is guilty of it in relation to ecclesiastical things
is to be excommunicated, says Lyndwood. But if he who steals an eccle
siastical thing does at the same time burn the church, or break it open,
then he is ipso facto excommunicated. Where the difference of excom
munication ipso facto, and of excommunication to be passed after the fact,
is very apparent : by the civil law, as Lyndwood observes, the sacrilegious
were in some cases condemned to wild beasts, in others burnt alive, hanged,
and sometimes condemned to the quarries, or banished.

h Public robbers and depopulators of the country only were excepted
by canon law, (Decretal., lib. iii. tit. 49, c. 6,) and, says Lyndwood, such as
refused to pay their tribute. And none but catholics were capable of this
privilege in any case ; nor a catholic, if his crime was committed in the
church.

[Lynd., 9. That a remedy may be found against such as infringe
or disturb the liberties of the Church, or invade ecclesiastical
goods, we think fit to ordain that such malefactors be de
nounced guilty of sacrilege * and excommunicate by the ordi
naries of the places : and if they remain pertinacious in their
malice for one month, then let their lands, and the places
where they dwell, be laid under ecclesiastical interdict : and
let neither sentence be relaxed till they have made compe
tent satisfaction for their damages and injuries. And if any

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 199

regardless of the divine honour deprive the Church of her
possessions or liberties, let them be liable to the aforesaid
penalties : and let the sentence of excommunication, in form
of law, be solemnly passed against them, till full restitution
and satisfaction be made. And if these sacrilegious cause
the judges or prelates to be attached or distressed on this
account, let them and the attachers be smitten with the
punishments declared against such attachers and distressors.

1 In this case Lyndwood owns the criminals were not ipso facto excom
municate, but were to be admonished before sentence was pronounced.

10. k Farther, whereas the houses of clergymen, though
within sanctuary, are seized by great men of the land, against
their own will, who after having driven out the servants,
sacrilegiously consume their goods, and reproach and beat
those that oppose them; *'and sometimes the horses of
prelates, religious, and clergymen are seized on the road, and
within sanctuary, and are taken away by violence to carry
the goods, merchandizes, and victuals of great men*; we
provide that all such sacrilegious be excommunicate in form
of law, and solemnly denounced excommunicate till they re
store what has been taken away, and make competent satis
faction for the wrong done. Clergymen and religious are
also compelled by right or wrong to sell what they have to
be sold at the price of our lord the king to the king and his
officers; and sometimes to deliver the goods without pay:
whereupon we provide, that they who do this be obliged by
the sentence of excommunication to make up the defects of
payment, or to relinquish the goods so taken by force, and
yet to make competent satisfaction for the sacrilege com
mitted.

k I find this in the Oxford copy only f .

1 There are several words in the Latin clause here that are to me un
intelligible, and some of them certainly miswritten, or erroneously printed ;
but the omitting of them does not greatly affect the sense, so far as I can
judge.

* [quandoque ecclesiar. carectae et tur et abducuntur violenter ad dicto-

equitaturse dominicae praelatorum, reli- rum magnatum res, commercia, et vic-

giosorum aliorumque clericorum in tualia transferenda ; W.]
itinere publico ac mercatis, et aliquando f [The whole constitution is in Wil-

in sanctuariis, et consimilibus capiun- kins, vol. i. p. 752.]

200 BONIFACE'S CONSTITUTIONS. [A.D. 1261.

[Lynd., 1 1 . Whereas according to the m charter of privileges granted
p. 259.] fo ^e church by our I0rd the king and his predecessors only
"reasonable profits and services, without waste of °the men
and goods be taken, while the cathedral or conventual churches
are under the guardianship of our lord the king*. And yet
his bailiffs f do violently take away the goods of the vacant
churches' tenants, and destroy the parks, groves, and fish
ponds, ruin the houses, abuse the poor J, and not only lay
their hands upon what by custom they used to have§, but on
that which belongs to the pliving^[, as the corn, live-stock,
and other things, by which the chapters and convents should
be maintained, and on other things which cannot belong to
the king on account of the q barony, as tithes, offerings, and
the like belonging to the churches appropriated to the bishop
rics or monasteries: to obviate this evil||, we ordain that
when the escheators and bailiffs enter upon the estates under
the guardianship of the king, the rprelates who have the
jurisdiction do forthwith publicly and solemnly forbid all
the bailiffs in general to make any such attempts : if they
transgress, let them declare them to have incurred the sen
tence of excommunication s before passed on the violators and
disturbers of ecclesiastical liberty, till competent satisfaction
be made for the damages and injuries : which sentence if
they contemn after it is denounced, let them be proceeded
against by interdicts, and other punishments ordained against
such wrong doers. And if our lord the king upon a moni
tion, do not make, or cause to be made, competent restitution
for the damages done by his officers, let him be proceeded
against as hath been ordained in other cases touching the
king. And our will is that what has been above ordained
concerning the king and his officers, be observed in relation
to inferior lords, if such guardianship belong to them.

* [vel alio magnate, W. Johnson's derata, W.]

translation nearly agrees with Lynd- J [ac alios, S. W.]

wood's text, which however appears to § [Johnson omits ratione custodiae,

be an abridged form of the constitution, Lynd., W.]

and differs from the text of Spelman ^ [sed etiam ad bona superstitum,

and Wilkins too widely for collation Lynd., S. W.]

throughout; therefore only the more || [Johnson as Lyndwood omits, quia

important variations of Wilkins are talis custodies ratio, quae in favorem

here given.] ecclesire dignoscitur introducta, non

f [Johnson omits, per tallias immo- debeat in ejus Isesionem retorqueri,

deratas, Lynd. prater tallagia immo- S. W.]

A.D. 1261.]

201

m This is meant of the fifth article of Magna Charta.
n That is, such profits as may be made without impairing the substance,
or main stock, says Lyndwood.

0 The tenants, says Lyndwood ; I rather think the slaves, or rather the
glebce ascriptitii.

p By the living is certainly meant the religious, or monks in the vacancy
of their abbeys. The estate of the bishop, and of the dean, or prior, and
chapter were now divided.

q King William I. turning bishoprics into baronies to be holden of him
brought this inconvenience upon the Church, that the king was guardian
of the temporalities during vacancy, as he was of all lands held of him in
capite, during the minority of the heir. But the laity have disburdened
their estates of this incumbrance.

1 That is, I conceive, the guardians of the spiritualities.

• That is, ipso facto.

12. Let the archbishop and bishops summoned before
justices itinerant on account of their ecclesiastical estates
be allowed to appear by their attorneys or proctors con
stituted by letters according to the liberties and customs
of the Church. Our lord the king hath been petitioned
that he would allow their attorneys and proctors to be ac
cepted, and that the justices be admonished accordingly to
accept them : if they do not, but a prelate be condemned and
distressed, because he did not come in person, we provide
that the attachers and distressors be proceeded against, as is
above expressed. Farther, because prelates and clergymen
are forced to come before secular magistrates to shew by
what right or warrant they use the liberties which they and
their predecessors have a long time peaceably enjoyed in the
name of their churches ; or else they are obstructed in the
liberties aforesaid. We ordain that they who are so sum
moned make no answer or allegation, but only length of
possession*. And if they call it in question, let them not
put themselves upon a trial by laymen : and if they are there
fore spoiled, distressed, attached, or otherwise condemned,
let the spoilers, attachers, and our lord the king, be pro
ceeded against, as is above specified. And if a prelate be
kept in custody, let the archbishop with the bishops demand
him, and punish the detainers, and if he be not freely dis
missed, let them proceed to interdicts, as above.

* [ordinamus quod sic vocati non rcspondcant, nee quod allegent longam
possessionern ecclesiaj suau, W.j

202 BONIFACE'S CONSTITUTIONS. [A. D. 1261.

13. ^Though our lord the king, great men, and other
of the faithful, have given lands to churches and ecclesi
astical men to be held in frankalmoin; yet they and their
bailiffs compel ecclesiastical persons to do suit and service
for the said lands to their lay-court, contrary to the form of
donation, to the offices of piety, and the rights of churches ;
giving them disturbance in relation to their effects, which
they have had for times long past, unless they can make
proof before them of the original grants and charters, which
are perhaps lost, or consumed through length of time. We
ordain therefore, that if distress be made for such suits or
services by the donors, founders, heirs, or other successors,
they be repressed by the censures aforesaid f. Let the jus
tices, and other judges of court, 'who Commit frauds in
relation to the liberties of bishops and inferior prelates J,
against the charter of liberties of our lord the king, be
smartly punished as transgressors of the said charter.

4 Latin, Convertunt amerciamenta per fraudem. This is only in the
Oxford copy.

14. u Sometimes princes and other faithful men do by
their charters give possessions and liberties to churches or
prelates, in which this or the like clause is contained, "All
of such a fee or estate, which belongs or may belong to me
or my heirs without any exception, I give and grant, and by
this charter confirm to such a church or monastery, or to
the prelates and officers thereof §." And if afterwardsx a
dispute arise in the said secular [court] concerning any par
ticular article of the purtenances, not expressly mentioned in
the charter, the secular judges affirm that the charter is void
and null, because that article is not expressed in it : and so
the word 'air according to them signifies nothing but what is
particularly expressed : and if the article of liberty contained

* [The order of this and the follow- amerciamenta libertatum episcoporum

ing constitution is reversed in Wil- et praelatorum inferiorum, W.]
kins.] § [" Omnia, quae ad me, vel haeredes

•j- [Johnson omits, Si vero a capita- meos de tali feudo, seu feudo, vel pos-

lihus dominis districtio fiat pro hujus- sessione pertinent, vel pertinere pote-

modi seeds faciendis, compellentes et runt, tali ecclesiae vel monasterio ac

distringentes modo simili arceantur, eorum praelatis vel ministris sine ali-

Lynd. app. W.] quo retinemento do, concedo, et hac

' t [<lui Per fraudem convertunt praesenti charta mea confirmo," W.]

A. D. 1261.] BONIFACE^ CONSTITUTIONS. 203

in the charter be expressed by special words, the same judges
affirm that it is void and null, if the church or monastery
hath not used that liberty. Now we provide that justices,
or other secular judges who defraud churches or religious
places of their possessions or liberties by such perverse inter
pretation, be monished by the ordinaries of the places in which
they hold such courts, that they presume not to disturb or
purloin the possessions, liberties, or rights of the church, under
colour of such interpretation. And if they do not acquiesce
upon such monitions, let the iniquity of such justices and
judges, whether they are of the clergy or of the laity, be
crushed by the sentences of excommunication and interdict,
according to the form above described.

u This too, as also the two following constitutions, are omitted by
Lyndwood.

x I read contentio *, not contento, as it is in the Oxford copy ; and here
I have none but that.

15. 'Because when laymen ydie intestate the lords of the
fees do not permit their debts to be paid out of their move-
ables, nor to be distributed piously for the benefit of the de
ceased, nor for the use of their children or parents, according
to the disposition of the ordinaries ; we provide that the said
lords and their bailiffs be carefully monished to desist from
such attempts, and if they do not obey, let them be restrained
by the sentence of excommunication, at least as to that por
tion which it z concerns the deceased to have distributed for
pious uses freely by the ordinaries of the places f. Let them
be proceeded against in the same manner who obstruct the
testaments of such as are tenants in villainage, and others of
a servile condition, contrary to the approved custom of the
Church of England. We will that the aforesaid provisions be
extended to all persons, both ecclesiastical and secular, that

* [So Wilkins.] diligentius moneantur, ut a talibus

' f [Caeterum contingit interdum, impediments omnino desistant quod

quod laicis divino judicio decedentibus si monitis parere contempserint, et

intestatis, domini feodorum non per- bona hujusinodi intestatorum non per-

mittunt debita defunctorum solvi de miserint pie distribui in usus miseri-

bonis mobilibus eorundem, nee in usus cordise, pro dispositione ordinariorum,

liberorum suorum, aut parentum, vel saltern pro ea portione, quse defunctum

aliter pro dispositione ordinariorum, contingit, secundum consuetudinem

bona praedicta pie distribui sustinent patriae, eorum presumptio per excom-

pro defunctis ; unde statuimus, quod municationis sententiam compescatur.

hujusinodi domini et eorum ballivi W.]

204 BONIFACE'S CONSTITUTIONS. [A. D. 1261.

have royalties which they have hitherto used. We ordain
and charge that no executor be allowed to administer the
goods of the deceased, till he hath first exhibited a faithful
inventory of them all to the ordinary of the place. And
when the will has been proved before the ordinaries, let not
the executorship, or administration of the goods, be allowed
to any but such as may render a proper account of their
administration when required by the ordinaries of the places.
aAnd we ordain by the authority of this council, that no re
ligious of what profession soever be executors of testaments,
unless it be done by the licence and will of the ordinary.
And that when testaments have been proved before the
ordinaries, no proving of the same wills be farther demanded
by any layman. Let none hinder or cause any hindrance
to the performance of the wills of the deceased, as to what is
capable of being bequeathed by law or custom. Let them
who presume to oppose this statute know that they are under
a sentence of excommunication by authority of the present
council. And let them be proceeded against as the violators
of liberties by ecclesiastical censure. We also ordain that
no man hinder any single woman, or wife, whether his own
or another's, or occasion any hindrance to heu in the just,
customary, and free making of her will. Let him that does
so know that he has incurred the sentence of excommu
nication. And we ordain that the Church have her right
out of the estate of the deceased; after what is due to the
lord as a debt, or gift, and the funeral expenses are de
ducted. We also ordain that no executor withdraw any of
the goods of the deceased whose testament he executes,
under pretence of having bought it ; unless it were given
him by the testator yet living, or bequeathed by testament15.

y Sir H. Spelman here adds the word divino, and judicio ought to have
been put as the substantive to it. So Stratford, 1343. 7. in Latin*.

1 For the usual number of masses, and other devotions for their souls,
and in alms to the poor. This was usually a third partf-

* [Spelman, vol. ii. p. 585.] simonia. c. ad apostolicum. He men-

f ["As appears from what Innocent tions this as a custom then prevailing

IV. says, who lived about this time. in Britain, which Mr. Selden thinks

" In Britannia tertia pars bonum dece- was only owing to the injustice of the

dentium ab intestate in opus ecclesise ordinaries, and that too against the

et pauperum dispensanda." titt. de intent of the Grand Charter granted by

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 205

* Lynd wood calls this that here follows a constitution of Boniface, and
tells us it is contained in the twentieth of Peckham, for which reason he
did not write a particular gloss on it. Edit. Oxf., pag. 167.

b Hitherto I have followed the series of the Oxford. In the following
I have taken chance for my guide, for I saw no room for choice. For
farther light into this constitution see the seventh of Stratford.

16. Whereas false suggestions are often made to the king [Lynd.,
and his justices, that prelates and ecclesiastical judges take p'
cognizance of the right of advowson, chattels, and other
things belonging to the king's court, to the prejudice of

our lord the king, when the prelates and judges are exer
cising their office in relation to tithes, and the sins and ex
cesses of their subjects, as it concerns them to do: there
fore let these wicked suggesters be admonished to desist;
but if the prelates or judges are damnified or molested on
this account, let such suggesters and dilators, who are hateful
to God and murderers of their brethren, be publicly de
nounced excommunicate, as violators and impugners of Chris
tian unity and ecclesiastical peace and liberty, till they have
made competent satisfaction for the expenses, damages and
injuries, both to the judges and the parties.

17. Sometimes when ecclesiastical prelates do as they [ibid.,
ought by their office enquire into the manners, sins, and p' 3'
excesses of their subjects, our lord the king, and other
great men, secular powers, and soldiers, obstruct their pro
ceedings by forbidding laymen to take an oath for speaking

the truth at the command of their fathers and spiritual pre
lates, to whom they ought to disclose their wounds that they
may be cured : and sometimes they do not permit the said
prelates to impose corporal or pecuniary punishment on their
subjects for their faults and excesses in cases ecclesiastical,
according to the canonical sanctions, in proportion to the
crimes of the offenders. But because by the law of heaven
as well as of [our] court, punishments and rewards are pro
posed for the restraints of sinful appetites, and men would
run into wickedness without any check., if punishment did
not curb transgressors, and wicked inclinations would get
strength, as inward enemies; we therefore ordain that lay-
King John, and confirmed again by position of the goods of intestates,
Henry III. See Selclen of tbe dis- chap, iv." MS. note Wrangham.]

206 BONIFACE'S CONSTITUTIONS. [A. D. 1261.

men be compelled, particularly by the sentence of excommu
nication, to take such oath, and to perform such penalties,
whether corporal or pecuniary, as are canonically inflicted on
them by their prelates ; and that they who hinder them from
taking such oaths and performing such penalties be coerced
by the sentences of interdict and excommunication. And if
distresses are made on prelates upon this account, let the
distressors be proceeded against by the punishments be
fore prescribed.

[Lymi., 18. Since the sacrament of confession and penance is

like a plank offered us after shipwreck, and the last refuge
to them that are passing the waves of this troublesome
world, necessary for the salvation of every sinner : we strictly
forbid under pain of excommunication to hinder any one that
desires it from having this sacrament freely administered to
him, or from having sufficient time for making his con
fession : and we do especially urge this for the sake of pri
soners, who are often inhumanly and unchristianly denied
it. And if time for this be sometimes granted them, it is so
short and so unseasonable that it turns rather to the dis
comfort and despair of these wretched men, than to their
spiritual joy.

[p. 352.] 19. Desiring to apply a remedy against those grievances
and excesses which the beadles and apparitors of arch
deacons and deans occasion to our subjects, we ordain that
when they, in order to execute or do any thing necessary,
come to the houses of rectors, vicars, chaplains, or any other
priests, clerks, or religious, they demand nothing of them by
way of procuration or duty, but that accepting what is set
before them by their hosts with thanks, they be content
with it: and that they do not execute their precepts by
messengers and sub-beadles, but in their own persons.
Let them not themselves pass sentences of excommuni
cation, interdict, or suspension ; nor denounce sentences
passed before by others, without the special letters of their
principals. If they do, let not the sentences so passed hold
in law*, nor be taken notice of: for they are not binding.
And let the beadles who act contrary to this statute, and
are burdensome or injurious to the subjects of their prin-

* [ipso facto non teneant, S. W. Lyndwood has 'ipso jure.']

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 207

cipals, be severely punished, and be bound to make double
restitution to those whom they have aggrieved.

20. cWe ordain that bishops in their synods and other [Lynd.,
convocations, 'and archdeacons in their chapters, [d rectors, vi- p> 68<^
cars,] and chaplains of parochial churches*, in their churches

do thrice every year denounce to all who would enjoy e cleri
cal privileges, that they must be decently clipped, and have
a shaven crown, especially before their ordinaries, and in
churches and assemblies of clergymen. And let them not
be ashamed to bear the marks of Him who wore a crown
of thorns for them, being obedient to His Father even unto
death, that He might make them partakers of His Resurrec
tion, and of the inheritance purchased by His Blood. They
who transgress against this denunciation are with menaces
to be told that they who are ashamed to have Christ's sign
on their forehead may implore His help to no purpose ; for
he who abuses his dignity ought to lose the privilege belong
ing to it.

c This Lynd wood calls the twenty-fifth ; he divided the fifth constitution
into four, and the fifteenth into two at least ; and Sir H. Spelman's copy
makes three of the fifteenth. Let my reader judge for himself. The table
before Lyndwood's Provinciale makes but twenty-one f.

d These two words are not in Lyndwood's, yet in both the other copies.
Lyndwood here says that rectors must be chaplains within the year, for
this he refers to Sext., lib. i. tit. 6. c. 14, which obliges the rector to take
priest's orders within a year from his institution (though sometimes it was
allowed by the canon that one might be rector at fourteen), therefore it is
evident that by chaplain Lyndwood meant curate, or one that was capable
of officiating as curate by having received priest's orders j.

e These were, not to be tried by laymen, to sue laymen before ecclesias
tical judges, that laymen keeping them under custody, though without
hurt, incur excommunication ; and in short, that their persons were not
to be molested, nor any exactions made on their estates. Lyndwood.

21. We do with a special injunction ordain that every [p. 321.]

' * [et singuli archidiaconi, et decani, qui debent esse capellani infra annum,

in suis capitulis, et rectores, vicarii de elect, c. licet canon, li. G. Item

sive capellani ecclesiarum parochia- vicarii perpetui qui debent esse capel-

lium, W.] lani, ad minus in proximis ordinibus

f [Wilkins gives the above consti- sequentibus, ut in Constitutione Othonis.

tution the 24th in order, and the last ad Vicariam. Et potest etiam intelligi

but one, -without however affixing any haec litera de capellanis parochialibus,

numbers.] qui sunt vicarii temporales ; de quibus

t [Lyndwood's gloss and references no. de offi. vica. c. unico. glossa magna.

are as follows : Capellani. Rectores, sc. per Wil. in Cle; Provinciale, p. 68.]

208 BONIFACE'S CONSTITUTIONS. [A.D. 1261.

bishop have one or two f prisons in his bishopric (he is to
take care of the sufficient largeness and security thereof) for
the safe keeping of clerks according to canonical censure,
that are flagitious, that is, caught in a crime, or convicted of
it. And if any clerk be so incorrigibly wicked that he must
have suffered capital punishment if he had been a layman,
we adjudge such an one to perpetual imprisonment : but we
decree that the e ancient laws be observed in relation to those
who transgress not wilfully, or of set purpose, but by chance,
through anger or madness.

f This is allowed by a forged decretal letter*, caus. 17. qusest. 4. c. at-
tendendum f. P. Honorius III., ami. 1224. Decretal, lib. v. tit. 9. c. 5, does
expressly require it in some cases. But Lyndwood here supposes that in
some cases the clerk convict was deposed and delivered to the secular
judge to be punished as a layman. Yet he seems to speak as if he thought
it at the ordinary's discretion whether he would deliver him to the secular
arm, or keep him in perpetual custody. Lyndwood farther puts the ques
tion, whether a layman might be imprisoned by the bishop : and answers,
though not without some hesitation, that it might be done for heresy only.
And might then be done for heresy by a statute of King Henry IV.

g Of hard penance, I suppose.

The above-said statutes are extended both to present and
future grievances11, especially because the sentences of ex
communication have been published with solemnity against
the transgressors of the charter of liberties with consent of
the king and great men of the kingdom, by the prelates at
London.

h This and the following paragraph, to " done in a council," &c., are
in the Oxford copy only, and Sir H. Spelman's copy only has the close
and datet-

1 The archbishops and bishops, with the consent and ap
probation of the inferior prelates and chapters of cathedral
and conventual churches, and the whole body of the clergy
of England, did unanimously ordain the above-written for
the reformation of the ecclesiastical state of England and

* [Of Urban I., (A.D. 224,) c. 2; volume the use of an ecclesiastical gaol

Concilia, torn. i. col. 750.] seems to be implied, A.D. 740. 40,

f [The passage is quoted from a 994. 16.]

letter of Urban to all bishops, and no J [Wilkins has both paragraphs to-

doubt of its genuineness is expressed gether with the close and date,]
in the Decretum. In Johnson's former

A. D. 1261.] BONIFACE'S CONSTITUTIONS. 209

the reparation of liberty, retaining to themselves a power
of adding, changing, and correcting as they shall think fit.
Done in a council at Lambeth, and recited in the last action
of the council, on Friday, the third of the ides of May, B the
Dominical letter, A.D. 1261, in the seventh year of Pope
Alexander IV. In witness whereof, &c.*

1 I do not observe that this passage was cited in the late dispute con
cerning the antiquity of the rights of the lower clergy to sit and debate
in convocation. Yet it seems very much to the purpose. I know some
have very much degraded this Oxford copy of the provincials, with how
much reason I leave to others to judge.

A constitution attributed to Boniface, though Lyndwood says
that some have thought it Robert Winchelsey's.

22. kWe have often heard from our ancestors that the
benefices of the holy water were from the beginning insti- p'
tuted with a view of charity, that poor clerks in the schools
might be maintained with the profits thereof, till they by
improvement were qualified for something greater. And lest
a wholesome institute by time run into abuse, we ordain that
in churches which are not above ten miles distant from the
schools which belong to the cities and castles within the pro
vince of Canterbury, [they] be conferred on poor m clerks. And [Ed.]
because disputes, which we ought to remove, do often arise
between rectors and vicars of churches and their parishioners
about conferring such benefices; now we ordain that the
rectors and vicars, who are more concerned to know who
are fittest for such benefices, do take care to place such
clerks in the benefices aforesaid, who are best capable of
serving them according to their own desires in divine offices,
and will be pliant to their commands. And if the parishioners
will withdraw their accustomed alms from them in a malicious
manner, let them be carefully monished to give them ; and
if there be a necessity, let them be strictly compelled to it
[nby ecclesiastical censure of all sorts.]

k Lyndwood doubts whether this be Boniface's or W. Reynolds'1. Sir ' [R. Win-

chelsey's.]

* [Dat. apud Westm. 6 idus Junii, Notwithstanding this date, Wilkins
Ann. Dom. MCCLXI. et anno ponti- calls the council ' Concilium Lambe-
ficatus Alexandri papse iv. vii, et anno thense;' see his note Cone. Brit., vol. i.
illustris regni Henrici regis xlv. per p. 755.]
Bonifacium Cant, ai'chiepiscopum. W.

210 BONIFACE'S CONSTITUTIONS. [A. D. 1261.

H. Spelman has it not. The Oxford places it as here. It is the only
provincial constitution which I find to this purpose. But Giles Bridport,
bishop of Sarum, in his diocesan synod ordained that rectors or vicars
shall give the benefice of the holy water to a poor clerk that is a scholar,
on condition that he attended the church on all solemn days. This was
AD. 1256. See Sir H. Spelrnan, p. 304 *. Walter de Cantelupe had done
the same for his diocese, A.D. 1240 f. Alexander of Coventry had done
this earlier yet, viz., A.D 1237 J. See Sir H. Spelman, p. 209. But the
decree of Peter Quevil, bishop of Excester, A.D. 1287, Sir H. Spelman,
p. 375 §, is so like to this of Boniface that it is evident that he who drew
one had the other lying before him ; therefore either Peter had it trans-
1 [R. Win- cribed from Boniface, or else Walter Reynolds1, if he made it first a pro-
chelsey.] yincial constitution, took it from the diocesan constitutions of Peter, but
the first to me seems most probable. William Courtney, archbishop of
Canterbury, 1393, in a diocesan rescript, threatens some that lived near
that city with the greater excommunication and interdict in case they
persisted to refuse to have the holy water brought to them, and to pay
the clerks for bringing it, which he calls a laudable custom prevailing
throughout England U.

1 Benefice largely taken includes all payments and portions belonging
to the clerks and ministers of the church without title, says Lyndwood.

m "To scholars only," says Peter Quevil, more exactly than Boniface.

n These words are not in Peter Quevil, and indeed nothing could be
more unreasonable than to pass all manner of censures on men for not
giving accustomed alms ; and scarce any thing more unreasonable could
be devised by the art or blind fury of men than most of these constitu
tions of Boniface.

* [Wilkins, vol. i. p. 714.] § [Synodus Exoniensis, c. 29. Wil-
f [Spelman, vol. ii. p. 249. Wil- kins, vol. ii. p. 147.]

kins, vol. i. p. 671.] 5 [Wilkins, vol. iii. p. 220.]

* [Wilkins, vol. i. p. 641.]

A.D. MCCLXVIII.

LEGATINE CONSTITUTIONS OF OTHOBON.

AN English council celebrated by the lord aOthobon, car- LATIN.
dinal deacon of St. Adrian, legate of the apostolical see to t J-7Athon>
the kingdom of England, as also to Scotland, Ireland, and s^ H.
Wales, in the cathedral church of St. Paul, London, on the vo^iT"'
ninth of the kal. of May, A.D. 1268, and the fourth of the ^i
pontificate of Pope Clement IV., that is, in the fifty-second vol. ii.
year of the illustrious Henry III., king of the English, Boni- p< l*^
face and Walter, archbishops of Canterbury and York, the
bishops, abbots, priors, deans, archdeacons, and other digni
taries of the Church being present.

a He had formerly been archdeacon of Canterbury, and was after
wards chosen pope, and called himself Adrian V., but he sat in the
chair scarce forty days. His coming hither was for very good cause
much resented by all degrees of churchmen, as for other reasons, so espe
cially because according to the practice of the Roman court (which is to
be very free of that which was none of their own) he by the pope's autho
rity granted to the king three years' tenths of the clergy. The king at the
end of that term complained that they had not been fully and entirely
paid, therefore demands the tenths of the fourth year, to which, though
the bishops consented, yet the inferior prelates and clergy returned a flat
and obstinate denial, and represented the extortions made upon them in
the three former years as altogether intolerable, and their own poverty as
so great, that they were utterly unable to pay it.

The commands and law of the Most High were published

* [" Constitutiones domini Othoboni also refers to Rudborne and the Wa-

legati promulgate in concilio general! verly Annals who all (sub anno) fix the

London, mense Aprili. A.D. 1268. date as above, A.D. 1268. Sir H.

Collat. cum MSS. Regio. 9. B. 2. Spelman places the council and its

Lambeth. 17. Oxon. Magd. Colleg. canons twenty years too early. John-

185. Lyndw. Provinc. et Spelrn. ex son's translation has been compared

Bibl. Cotton. Otho. A. 15. 7. et Vitell. with Wilkins's text throughout, and the

A. 2. 42." Wilkins quotes a passage important variations are stated in the

from the Chronicle of T. Wikes, and notes.]

LEGATING CONSTITUTIONS [A. D.

of old, that the creature who had broken the yoke by depart
ing from the peace of his God, by continuing in the observ
ance of the law and commandments as their light, might ex
pect the King of Peace, the Mediator, the High-Priest, who
made all things new, having the hope of the promises given
to the fathers as a refreshing shade. This is the glory of the
adopted sons of the holy spouse, our mother Church, that
they hear from her the commandments of life ; preserving
their heart in the beauty of peace, the brightness of chastity
under the restraint of modesty, subduing the sinful appetite
to the government of reason : to which end the decrees di
vinely promulged by the mouths of the fathers containing
rules of justice and maxims of equity, have diffused them
selves like rivers far and near. And the sacred constitutions
of the chief pontiffs and of the legates of the apostolical see,
and of other prelates of the Church dispersed throughout the
world, proceed like smaller streams from those broad rivers,
according to the diversity of times, which necessarily re
quires new remedies for such new diseases as are bred by
human frailty. But unbridled desire being rooted in our
first parents has poisoned their posterity, and running blindly
on treads in pieces the rod of virtue and discipline, and as it
were mad drunk invades the properties of others, so that it
cannot abstain from what is forbidden, nor enjoy what is
permitted, nor approve what is good. When we consider the
ancient mischiefs of this plague we cannot but more bitterly
lament the present ulcers of it, which we not only have heard
of, but which we see and feel : for the present times are not
more sunk below those of old in length of life, than in hardi
ness, and a damnable contempt of judgments. When the
path of right is forsaken or perverted, truth gives place to
power, favour leaves no room for justice; and whilst all seek
what they think their own, the things of Christ, the good of
souls, the honour of the Church, are not only clouded, but do
wholly disappear through the darkness of a contemptuous
ignorance. We therefore being destined from the bosom of
holy mother Church by the hand of the most holy father our
lord Clement, chief pontiff of the universal Church, to the
office of a plenary legateship [that is, the care of planting,
pulling down, and building up, which we have undertaken

A. D. 1268.] OP OTHOBON. 213

not out of a willing inclination, but out of a dutiful obedi
ence] into the famous kingdom of England, (which hath
fallen of late years from the height of glory into an extinction
of both powers,) as also to Scotland, Ireland, and Wales, that
we may fulfil our ministry according to the doctrine of the
Apostle, as also [according] to the institutes of the sacred
canons, (which are imitated by secular princes in their laws,)
as also [according to] the constitutions of Otho of good me
mory, bishop of Porto, then deacon cardinal of St. Nicolas in
Carcere Tulliano*, and likewise [according to] the provisions
of provincial councils, which give wholesome regulations to
the manners and actions of faithful subjects5. Because we
have found some of these observed by few, [csome by none,]
we have thought fit with the approbation of the present council
to make certain constitutions to be generally observed in an
holy manner well pleasing to God ; and to add certain capi-
tula and punishments to those formerly published, which may
by the divine assistance produce a wholesome reformation.

b The sense seems imperfect, though I have made some supplements of
my own, and here followed either copy, as I saw occasion,

* This is only in Sir H. Spelman f,

1. Baptism is known to be the first plank which brings
those that sail through this dangerous world to the port of
salvation ; which our Saviour instituted as a gate to the other
sacraments, as the authority of the holy fathers which fol
lowed Him does testify : since then an error in our entrance
by the gate is most dangerous, the c legate aforesaid to recall
some from their execrable idolatry, who suspected danger to
their children if they were baptized on the days assigned for
the solemn celebration of baptism, viz., the sabbaths before
the resurrection of our Lord and pentecost, hath ordained
that the people should be brought off from this error by fre
quent preaching, and be persuaded to solemnize baptism, and
to have their children baptized on the days aforesaid. And
(since no one ought to die without receiving of this sacra
ment) that it be administered at other times by any one in

* [in regnis Angliae et Scotise apo- with the text of Wilkins in this place.]
stolicaesedis legati, W. This omission f [Wilkins agrees with Spelman.]
excepted, Johnson's translation agrees

214 LEGATINE CONSTITUTIONS [A. D. 1268.

case of necessity, and being so administered in the form of
the Church is effectual to salvation. And because the sim
plicity of many would make them uncapable of administering
baptism in case of necessity, unless they were instructed by
the ministers of the Christian faith, we find it ordained by the
legate aforesaid, that parish priests having perfectly learned
the form of baptism do frequently explain it in the mother-
tongue on the Lord's days, that if a case of necessity do
happen, in which it is necessary that they baptize, they may
know and observe that [form]. We therefore extend what
is said in that statute of parish priests to e perpetual vicars of
churches, and enjoin it to be observed by them. And be
cause it is certain that this [sacrament] cannot be neglected,
or omitted without hazard of salvation, we farther ordain
and strictly charge every archdeacon in virtue of his holy
obedience, to make strict inquisition throughout his arch
deaconry against those priests and vicars, by severely pun
ishing those whom he shall discover to have neglected this
wholesome statute, according as the case requires.

d See the third constitution of Otto, 1237.

e It is not easy to say why rectors should not be mentioned, unless it
may be supposed that this was a business below them. See Corb. 5,
1127. But legates spake the language of Italy, not of England, as John
Athon notes on; constitution, Otto 3, 1237*. Therefore by parish priests
they might mean rectors.

2. Because blind desire runs so fheadlong, that not con
tent with the gain arising from earthly works, it profanely
sets to sale the divine sacraments, which surpass all price ;
the aforesaid slegate ordained and enjoined the consecrated
oil and chrism freely and devoutly to be ministered without
any spice of covetousness by the ministers of the Church, with
out making any difficulty on pretence of any custom of a pay
ment to be made on this account ; we therefore, by way of
addition to the said constitution, do ordain that bishops as
well as archdeacons make diligent enquiry in the places of
their jurisdiction, against them that receive [such payments,]
and punish whom they discover as hsimoniacs, according to
canonical sanctions. And if the bishop neglect to fulfil
this, let him be suspended from wearing his pontificals ; if

* [See above, p. 39, note f.]

A. D. 1268.] OF OTHOBON. 215

the archdeacon, let him be suspended from his office,, till
they have made fitting satisfaction. And we charge that this
be observed against them who before they admit any to
penance extort somewhat from them ; and who confer any
sacraments by the intervention of money. Let all who
hear confessions expressly absolve their penitents by pro
nouncing the under- written words, "'By the authority of
which I am possessed I absolve thee from thy sins." And
because he who confesseth ought in that action to express
signs of humility and contrition, we charge that all who
hear confessions prevail with their penitents to confess their
sins to the priest with kreverence and humility. Farther,
because the slaughter of an immortal soul is much greater
than that of the short-lived body, let no man deprive him
that asks it of the grace of confession ; and since we hear
that this is sometimes done by gaolers to their miserable cap
tives, we ordain that if any one for the future hinder a
prisoner, or any other, when he is going to die, as a punish
ment for his grievous crimes, from the grace of confession,
let him be deprived of ecclesiastical sepulture, unless he
make satisfaction, during life, at the discretion of his prelate.

f Sir H. Spelman has in prcelatos for in prceceps*.

6 See the second constitution of Otto, 1237.

h Therefore by deprivation of their benefice.

1 This is an addition to Otto's constitution, and therefore perfectly new.
If this indicative form of absolution had been used before, there had been
no occasion of specially enjoining it now.

k That is, says John Athon, he must doff his cap, and be in a bending
posture, if he do not kneel down. This has long since, I suppose, been
turned into kneeling.

3. The church of God not differing as to its materials
from private houses, by the invisible mystery of dedication
is made the temple of the Lord, to implore the expiation of
sins, and the divine mercy; ^hat there may be in it a table,
at which the living Bread which came down from heaven
is eaten by way of intercession for the quick and dead.
That therefore so wholesome a mystery might not be despised
we find it providently ordained by the said m legate, that all
cathedral, conventual, and parochial churches be consecrated
by the diocesans to whom they belong, or by others author-

* [in praeceps, W.]

216 LEGATINE CONSTITUTIONS [A. D. 1268.

ized by them within two years from the time of their being
finished : and if they were not, the said legate ordained
that they should be interdicted from solemnizing of mass
until they were so consecrated; strictly forbidding abbots
or rectors of churches to pull down ancient consecrated
churches under pretence of raising a more fair and ample
fabric, without consent and licence of the bishop of the
diocese : and let him diligently consider, whether it is best
to grant or deny such licence. We therefore, knowing this
wholesome statute to be contemned by very many, do farther
ordain that the rector, governor, or vicar of an unconse-
crated church, within a year after it is built (if it may con
veniently be) do request the proper bishop to consecrate the
church ; or else let him require the archdeacon, that he
would within the said time make this request to the bishop.
And if the rector, governor, vicar, or archdeacon do forbear
to make such request, we ordain that from that time forward
they be suspended from their office till they make such
request; let the bishop who upon such request denies to
do it by himself, or by some other (unless the multi
tude of churches to be consecrated in his diocese, or some
other lawful impediment, plead for a greater length of
time,) let him (I say) know that he is suspended from that
time forward from wearing his dalmatic, tunic, and sandals,
till he thinks fit to perform the consecration, and in the act
of consecration let him resume them. Let the bishop per
form the ministry of consecration gratis, and without de
manding any thing at all, excepting due procuration, lest he
be struck with divine vengeance like Simon and Gehazi.

1 That temples, or Christian churches were built principally for the
celebration of the eucharist there can be no doubt among men of know
ledge ; but that the eucharist was eaten for the benefit of the quick and
dead seems to have been a new notion. The ancients would rather have
said it was offered on their behalf. If this had not been a popish canon
it had certainly been cited by the adversaries of the sacrifice in the
eucharist.

m See constitution first of Otto, 1237.

4. Since the safety of Christian innocence consists in the
arms of virtue, the Apostle teacheth us to put on the armour
of God, and the sword of the Holy Spirit ; for we wrestle not

A. l>. 1268.] OF OTHOBON. 217

with flesh and blood, but with the princes of darkness, who
are overcome not with arms of steel, but with prayers, and
tears, and virtuous actions. Since therefore the use of offen
sive and vindictive arms is forbidden to clergymen who are
assumed into the inheritance of Christ by the law of God
and man, and that even in a just cause ; we, inflamed with
zeal for the honour of the Church, abominate the enormities
of them who, forgetting God and their own credit, dare bear
arms, and associate themselves with robbers and highway
men, and share with them in their plunder and booty ; and
commit such villainies not only on the goods of private men
but of churches, or on such goods as were reposited in them,
o*r in the cloisters or cemeteries belonging to them. We
therefore pursue these clerks that rave with wickedness, yet
with a care for their salvation, ordaining that whoever being
an ordained clerk bears arms or offends in the premisses does
ipso facto incur excommunication ; and unless he do within
a certain term fixed by the bishop make satisfaction at the
bishop's discretion, let him from that time be ipso facto de
prived of every ecclesiastical benefice [which he holds] in the
kingdom, and yet be liable to the loss of his order. And if
he have no benefice let him be uncapable of obtaining any
for five years, lest he go unpunished for so great wickedness.
And let not his diocesan absolve him from his excommunica
tion till he have made satisfaction as to the premisses at the
diocesan's discretion.

5. Whereas the holy gospel directs him that wanted the
wedding garment to be cast out of doors ; and though that
be meant of the ornament of virtue ; yet the outward and
inward habit ought to agree together, lest the man be offen
sive both to himself and others ; a moderation in the exterior
habit has been by tradition prescribed to us both by ancient
and modern fathers, and this is to be observed by clergymen,
whose name imports that they are the heritage of the Lord,
and who are to have their loins girt, and lights in their
hands : in consideration whereof the n legate of good memory
aforesaid ordained and enjoined that they be compelled to
the clerical habit as to their clothes and the furniture of
their horses, specified in the general council by having their
benefices withdrawn by their bishops ; so that their garments

218 LEGATINE CONSTITUTIONS [A. D. 1268.

be of a decent measure, and that they use close copes (if
they be in holy orders) especially in the church, and before
their prelates, in the assemblies of the clergy, and every
where in their parishes, where they have undertaken churches,
with the regimen of souls. And that bishops may the better
reduce others to decency in apparel, and tonsure, and be
coming crowns, and fitting furniture of their horses, that
they take care that this be first observed by the clerks who
sat at their tables ; so that in garments, spurs, bridles and
saddles they accoutre themselves as becomes clerks. Now
we detesting the grievous abuse in the premisses, which is
generally spread through the countries of our legateship, by
which God is derided, the honour of the Church clouded, the
celsitude of the clerical order depressed, Christ is deserted by
His soldiers wearing a strange livery, so that the eye cannot
distinguish a clerk from a layman to the scandal and abhor
rence of all that are truly faithful : we ordain, and strictly
charge, that no clergyman wear garments ridiculous, or re
markable for their shortness, but reaching at least beyond
the middle of the legs, their ears visible, not covered with
hair, and that they have decent crowns of an ° approved
breadth ; by which their laying aside earthly things, and the
dignity of their royal priesthood, is in a special manner sig
nified. Let them never wear p coifs in their churches, or be
fore their prelates, or publicly in the sight of men except in
their travels. Let priests, deans, archdeacons, and all that
have dignities with cure of souls wear close copes, except
perchance in their journeys, or for some other honest cause
they be otherwise apparelled. If any priests, dignitaries, or
such as have cure of souls, or the canons of cathedral churches
offend in the premisses, as to coifs, crowns, or tonsure, and do
not make satisfaction upon admonition, let them ipso facto
incur suspension from their office ; and if they continue so
for three months, let them from that time be suspended from
their benefice ; and not be absolved from these sentences by
their diocesans, unless they first pay the sixth part of that
year's income to be faithfully distributed to the poor by the
diocesans; beside other just sentences which the prelates may
pass on their subjects who offend in these points. As to
priests, deans, archdeacons, and other dignitaries, who offend

A. D. 1268.] OF OTHOBON.

in the point of apparel, we ordain the same to be observed;
we leave other clerks that offend in the premisses to be pun
ished at the discretion of their prelates. We charge arch
bishops, bishops, archdeacons as other prelates in virtue of
their holy obedience to make diligent enquiry upon the pre
misses in the places subject to their jurisdiction, and effec
tually observe the present statute against offenders ; and
cause it to be observed. And if they be negligent in their
enquiries, or in correcting according to the statutes those
who are convicted either by the notoriety of the fact or by any
other means, let the archbishops [and bishops] be suspended
from the use of the dalmatic, tunic, and sandals ; the arch
deacons, and lesser prelates ipso facto from entrance into the
church, till they duly exercise their office in the correction
and emendation of the premisses. And whereas the episcopal
dignity ought to be used for the advancement of religion, we
charge all invested with that dignity to wear a habit agreeable
thereto, as the canonical institutes direct. And we especially
command such as are or shall be advanced from monasteries
or other religious places to be bishops, that they wear their
regular habit ; that so dignity may not exclude a religion, to
which they should consider themselves as inseparably wedded.
And we strictly forbid them the use of such colours in their
garments, furs, or other ornaments, as agree not with their
former rule or order; but that in these points they observe
the statute of the 1 general council.

n See constitution of Otto, 14, 1237.

0 That is, according to their order and degree, the regulars' should be
larger than the seculars', the priests' than the deacons', though the practice
is contrary to this : J. Athon.

p The reason of this was that the coif covered the head, so that it did
not appear whether they had their crown or not : therefore lawyers in
holy orders used coifs to conceal their tonsure.

q 16 c. of the Later, council, 1216*, in which are these words ; Ponti-
fices in publico, et in ecdesia superindumentis lineis omnes utantur, nisi
monachi fuerint, quos oportet deferre habitum monachalem. Palliis diffi-
bulatis non utantur in publico, sed vel post collum, vel ante pectus^ con-
nexis.

6. Whereas it specially concerns the honour of the Church

* ['Concilia, torn. xxii. col. 105'J.] f [Johnson omits, hinc inde, ibid.]

220 LEGATINE CONSTITUTIONS [ A. D. 1268.

that carnal, secular business be not administered by hands
dedicated to heavenly ministries ; and we think it sordid for
clergymen to gape after temporal jurisdiction, and receive it
from laymen ; so as to have the title of justices, and to be
come the ministers of justice, which they cannot do without
an injury to the direction of the canons, and to the clerical
order : we therefore, for the extirpating of this horrid vice,
strictly forbid all rectors of churches, perpetual vicars, and
priests whatsoever, to accept of a secular jurisdiction from a
secular person, or to exercise [such jurisdiction] . Let such
as have accepted relinquish it within two months, so as never
to resume it. And lest prohibition without punishment should
not be sufficient with evil minds, we have decreed that who
ever offends against the premisses be ipso facto suspended
from office and benefice; arid if he intrude into either during
suspension let him not escape r canonical vengeance. And let
not such vengeance be in any wise relaxed till he has made
satisfaction at the diocesan's discretion, and given oath that
he will not do the like for the future. sWith a saving to the
king's prerogative in these points.

r That is most probably excommunication which is sometimes denoted
by this phrase ; yet in the common course the suspended priest by of
ficiating incurred an irregularity from which none but the pope could
release him ; but it was with this exception, that if the bishop were men
tioned in the canon as the cognisor (which seems to be the case here) then
there was no necessity of applying to the pope.

s This saving entirely defeated the constitution. Tt is certain, in fact,
that the kings of England in all ages thought they had a right of employ
ing what subjects they pleased of the clergy as well as laity in any post
of civil government ; and it is certain in fact that very many in holy
orders have been chancellors, treasurers, not to say chief justices, and
must therefore have sat judges in life and death. The chancery was
filled with clerks in inferior, if not in holy orders ; and there were many
in other courts, and they were deemed to be under the king's protection,
and out of the reach of the bishops' courts ; and the pope and bishops
generally connived at it : only, if a hated clergyman got into an eminent
civil station, then such canons and constitutions as this of Othobon were
objected agaiust him, and perhaps application was made to the king to
remove him.

7. According to the sentence of the holy canons, we by
this constitution strictly forbid clergymen to exercise the
office of advocates in a secular court in a cause of blood, or

A. D. 1268.] OF OTHOBON, 221

in any cases whatsoever, except those allowed by law. If
any offend so as to plead against the defendant in case of
blood, let them be suspended from their office. In either
case let them be punished in proportion to the crime, at
discretion of their diocesans. We forbid any clerk to be
judge, or associate in any trial touching life or member.
Let whosoever offend, besides the penalty of suspension from
office, (which let them incur ipso facto,} be otherwise punished
at the discretion of their superior; from which sentences of
suspension let them by no means be absolved by their dio
cesans without first making competent satisfaction.

8. Not only the divine or canon law, but the admonitions
of secular princes, have with a judicious piety observed how
contrary it is to Christian purity to touch holy things with
polluted lips and hands, by wisely and wholesomely enjoin
ing chastity to all the ministers of Christ, and holy mother
Church; which the legate aforesaid imitating with a lauda
ble zeal hath ordained and given in charge, that unless clerks,
and especially they in holy orders, who publicly keep con
cubines in their own or other men's houses dismiss them
within a month, so as never to retain them or any others
for the future, they be suspended from office and benefice,
and that they do not at all concern themselves with their
benefices, till they have made full satisfaction in this point;
or else that they be ipso jure deprived of those benefices.
And we desiring that chastity as the very gem of virtues
may shine in the clergy, whom we cannot only persuade,
but command in a point to which they are tied by the bond
of profession, pursuing the statute of the aforesaid legate
against clerks who publicly keep concubines, do farther or
dain that the archdeacons who have the care of places next
under the bishop, do yearly make strict enquiry after con-
cubinary clerks, and cause the said legate's statutes to be
executed upon them. And yet let them be bound to de
nounce such as they discover to the bishop, that he may
exercise his pastoral office upon them : and if any archdeacon
or bishop (after such denunciation) be guilty of neglect, let
the archdeacon be suspended from entrance into the church
until he makes denunciation, and the bishop from the use
of the dalmatic, tunic, and sandals until he retrieve his neg-

222 LEGATINE CONSTITUTIONS [A.D. 1268.

lect by executing what is ordained. And since he who gives
assistance and consent to another in sin equals him in guilt ;
we ordain that they who knowingly admit clergymen to
commit sin in their houses, or hire or lend their houses to
their concubines, if they are clerks, be punished in the same
manner [with the principals] if they are laymen, at the dis
cretion of the bishop. And let the concubines who are con
victed by notoriety of the fact, or by any other lawful means,
be wholly forbid entrance into a church during divine ser
vice; nor let the "Sacrament be given to her at Easter:
since they eat and drink their own judgment who receive
that unworthily. And because the convicted in adulter}r,
either by the notoriety of the sin, or by confession, often
flies into other parts to escape punishment and to continue
licentiously in his sin, we ordain that if any one do thus
run from one province of our legateship to another, the
bishop into whose diocese he comes, or his official at the
mandate of the prelate in whose diocese or jurisdiction the
refugee committed the offence, do effectually execute the
x sentence of excommunication before passed against him, till
he return to salutary penance.

t See Constitution of Otto, 16, 1237.

" Lat. viaticum.

* The sentence was supposed to have been passed in the former diocese
for notorious or confessed adultery. This last clause of the constitution is
independent on the foregoing part. It is pity this clause is not univer
sally exercised as it well deserves.

9. The direction of the holy canons like a key to open the
various gates of salvation and grace to men, which is there
fore necessary to be had by them who have the cure of souls ;
and he who keeps this key ought not to wander from his
station, that he may be always ready for them that call, and
bring those to him by his exhortations who do not call.
Though the ancient authority of the fathers have decreed
this, yet it is not observed by those who love temporal profit
beyond eternal. The said ylegate providently ordained that
no one should be admitted to a vicarage but he who was
already priest, or at least who might be ordained deacon the
next Ember-week ; who renouncing all other benefices, if he

A. U. 1268.] OF OTHOBON. 223

had any, with cure of souls, should swear to keep corporal
residence at that place : otherwise he decreed the institution
to be null,, and the vicarage to be conferred on another. As
to them who had already been instituted, and yet not or
dained priests, he ordained that within one year from that
time they should procure themselves to be ordained priests,
or else that from thenceforth they should be deprived, and
their vicarages given to others. But we designing to restrain
the evil doers with a seasonable severity do farther ordain,
that if any one detain a vicarage contrary to this statute, the
fruits which he has received be not his own, but that he be
bound to make restitution of them, that is, that one half of
them be given to the church to which the vicarage belongs,
to be" converted to the use thereof; and that one part of the
other half be expended on the poor of that parish, and the
other part be paid to the archdeacon. And let the arch
deacon make diligent enquiry every year on these points, and
cause this statute firmly to be observed. And if he find that
any one detains a vicarage contrary to the premisses, let him
forthwith denounce the vicarage vacant to the prelate, who is
to collate or institute to that vicarage, that he may do his
duty in this matter, as it concerns him. And let him not
institute in any other manner, nor defer institution into the
vicarage after denunciation so made or notified to him : and
if he offend, let him know (whatever he be) that he is sus
pended from collating, instituting, or presenting to any bene
fices, till he put into execution what is ordained. Farther,
that all attempts of malice may be repressed by our industry,
we ordain that if any one endeavour to retain a vicarage
contrary to the premisses, and persist in his rebellion for a
month, beside the punishments above inflicted, he be de
prived of other benefices, if he have any, and let him be for
ever incapable of the vicarage which he so vexatiously re
tained, and for three years of other benefices, of which he
made himself unworthy by his adulterous virulence. And all
this we extend not only to future but to past times, and or
dain that it be effectually observed. And if the archdeacon
neglect what has been above enjoined him, let him be de
prived of the share before assigned to him, and be suspended
by authority of this statute from entrance into the church till

224 LEGATINE CONSTITUTIONS [A. D.I 268.

he executes the premisses ; beside that he incurs the indig
nation of God.

y See Const, of Otto, 10, 1237.

10. Damnable self-love and presumption subvert reason :
it desires what belongs to another so as to banish charity,
and to affect the death of the possessor; and when death
and chance seem too slow, artifice and fiction impudently
start up, and provoke the divine wrath, pretending that the
living possessor is dead, or has resigned. Because this mortal
disease has infected those on this side the sea in England,
the said zlegate ordained that the benefice of an absent man
should not be given away on pretence of an opinion, or report
of his death or cession, but that the prelate should stay till
he had received fuller information ; or should else be obliged
to repair all damage done to the absent man; and that he
who procured himself to be thrust in should, beside restitu
tion of damages, be ipso facto suspended from office and be
nefice : and he extended this to him who seized a benefice
possessed by another by violence, or fraud, by his own au
thority, or rather rashness ; or that attempted to defend him
self in it by arms after it had been declared that it belonged
to another. But we providing a more perfect antidote, ordain
that for the future no ecclesiastical or secular patron present
any one to a church of which he has the advowson, unless
he have probable notice of its vacancy : in which case, though
he may present, lest prejudice be done by lapse of time; yet
let the prelate to whom the institution belongs not admit or
institute the presented [clerk] unless he be assured of the
death of the rector, or of the lawful vacancy by some other
means. Let no assurance suffice in these cases, but the
corporal presence of the dead, or resigning, or otherwise
vacating man; or if he be absent, let certain testimony be
produced by the letters of the bishop of the diocese in whose
city or diocese he shall be reported to have died, or otherwise
to have made his demise, or at least of some other authentic
person, signed with one or more authentic seals, or by a
public instrument, or by witness sworn, and beyond all ex
ception, not upon belief, but certain knowledge, according as
the law requires. And if any one be de facto instituted, or

A. D. 1268.] OF OTHOBON. 225

rather thrust into a church in manner contrary to what has
been mentioned, let such institution be void and of none
effect, nor let any right accrue to any one by means thereof,
though it should afterwards appear that the church was
vacant at the time of institution. And when afterwards there
is full evidence of the former rector's being alive by his per
sonal appearance, or otherwise, by authentic letters, public
instrument, or by idoneous witnesses, let the prelate who
instituted, as well as he who was so instituted, be bound to
make restitution of the entire profits, damages and expenses,
which the rector hath incurred on this account ; one of them
not being acquitted by the payments made by the other.
And because a pecuniary penalty is not sufficient where there
is a spiritual offence; we ordain that the prelate who in
stituted contrary to this [decree] , do remain suspended from
collating, instituting and presenting to any benefices whatso
ever from the time that he committed the aforesaid [offences]
till the possession of the church be restored to the rector.
We add, that if the intruder persist in his rebellion for three
months, so that the church be not restored to the rector, after
evidence has been given of his being alive in manner above-
written, then, beside the punishments aforesaid, let him from
thenceforth be deprived ipso facto of all the benefices that he
has in the kingdom, and let him be utterly disabled from ob
taining that benefice which he so detained, and of which by
his rapacity he hath rendered himself unworthy, when or
howsoever it shall become void. And if he have no benefice,
let him be for ever incapable and wholly disabled ipso facto
by authority of this statute, not only of that benefice which he
presumed thus to get, but of any other in that diocese which
he has so wickedly disturbed. And we will and command
that the aforesaid punishments be extended to all who at the
presentation [aof a patron] or by any other means presume
to seize benefices or churches without the canonical institution
of a prelate, whether they do it by themselves or by others ;
as also to those who before this constitution have seized the
benefice or church of a living man, and yet keep themselves
seized of it ; and to them who thrust themselves in without
the canonical institution of a prelate; unless the seizors or
intruders do wholly relinquish what they have thus taken

LEGATINE CONSTITUTIONS [A. D. 1268.

within three months from the publication of this consti
tution; without any diminution of those [punishments]
ordained against such men in the constitutions of the legate
aforesaid, and of the provincial councils within our whole
legateship : for we do not think those punishments to be
bin equity sufficient against such offenders; esteeming it
more tolerable that a church or benefice be vacant for a
length of time, than that a rape should be committed upon
them for one moment by a violent possessor. Farther, when
probable notice of a vacancy comes to an archbishop or
bishop to whom the collation of the church or benefice be
longs, in any other manner than those above mentioned ; if
he perchance confer that benefice or church for fear of c pre
judice to himself by lapse of time, yet let him not give
corporal possession of it, nor cause it to be given, till he have
evidence of the vacancy in the manners before-mentioned.
Nor let him to whom the collation is made presume to enter
into possession by the authority of himself or of any other.
Let the archbishop or bishop who offends herein be liable to
the punishments above written. But let him to whom such
collation was made, if he take possession contrary to the pre
misses, be for ever deprived of that benefice, and yet be liable
to the other punishments aforesaid.

1 See constitution of Otto, 11, 1237. One may wonder at first sight
what should make these two cardinals successively such zealous assertors
of the properties of the English clergy ; we find no constitutions of our
own prelates that express such a concern on this head as these two Romish
emissaries in these constitutions. The truth seems to me to be this : these
provisions were made in behalf of absent clergymen. The chief occasion
of the long absence of clergymen was their going to Rome to attend
appeals, to procure dispensations or indulgences, to get preferment, or
out of devotion to the Limina Apostolica. It was much to the advantage
of the pope and city of Rome, that the travels of the clergy thither, and
their long stay there should be encouraged, and truly by these consti
tutions their rights were better secured in their absence than they would
have been by their being at home and keeping residence.

a This is only in Sir II. Spelman*.

b I read ex cequo, not ex quo, as both copies f.

0 It seems plain that a church was now deemed full by institution

* [Wilkins agrees with Spelman.]

f [ex quo, W. Johnson's emendation seems necessary.]

A. D. 1268.] OF OTHOBON. 227

against all persons whatsoever : otherwise institution without induction
could not have secured the bishop's interest in the benefice.

11. Perfection attends unity in divine and spiritual minis
tries, division introduces ruin*, therefore the authority of
catholic unity hath enacted that there be but one rector in
one church as one head to one body. But the sower of tares
by the discord of several patrons in one church, and some
times by the invention of covetous men, who pursue nothing
but the temporal gain arising from the church, hath introduced
a pestiferous splitting of a church, by conferring it upon more
than one, and a concealment of a wicked practice by a change
of names. And the covetousness of some prelates is so flaming,
that they do not admit such as are presented to ecclesiastical
benefices, without retaining a certain portion of the profits to
their own disposal, which they either apply to their own uses,
or confer it upon others absolutely, or for a time at their own
discretion: the aforesaid d legate for the restraining thereof
by law, wholly forbidding such assignments and innovations,
hath ordained, that a church be never divided into several
parsonages or vicarages, and that such as had been divided
should be united by the first opportunity, unless a church
had eof old been so ordered, in which case he ordained that
the bishop of the place should take care that the income and
parish should be proportionably divided between them, and
that some one should always reside on the church, who tak
ing the cure of souls should honestly employ himself in the
celebration of divine offices and administering sacraments.
We therefore, emulating the sanction of the said legate, do
farther ordain that every such division made before the con
stitution of the said legate, (unless it were so long before
that it may in law be deemed6 ancient,) or that has been
made since; as also the retainment or assignment of any
portion of the profits of ecclesiastical benefices, which could
not de done without simony, be wholly revoked by the dioce
sans of the places : and if any division, or retaining, or as
signment of any portion be made for the future, we decree it
to be null ipso jure. And lest he who collates, presents, or

* [Johnson omits, Nee enim ullum vel in isto divisio agit, diversum fa-

materiale subjectum stabit, ubi nulla ciens quod est unum. W. The same

sacrae rei designatio intellectum animi passage is in Athon, and in Spelman.]
oonformiter ad se trahit, cum in illo

Q2

228 LEGATINE CONSTITUTIONS [A. D. 1268.

admits several to the same church should go unpunished, let
the presenter or presenters lose the right of presenting at
the next turn, which is to devolve to the next superior. But
if a prelate have so collated or admitted such as were pre
sented, or have retained to himself, or assigned to any other
a certain portion, absolutely or for a time, let not only his
institution, retaining, or assignment be of no force ; but let
him be ipso facto suspended from collation, institution, or
presentation to any benefices, till he hath f revoked it.

d See const, of Otto, 12, 1237.
e Beyond the memory of man, J. Athon.

f For the bishop to revoke what before had been declared of no force,
seems to me an inconsistency.

12. The immunity of the church was intended as a refuge
for the oppressed, insomuch that it protects murderers from
violence, much more innocents and things which have com
mitted no fault, but were reposed within the verge of the church
against fear of the enemy. The more dangerous the perfidy
of those men is, who in contempt of the fear of God, and of
the Church, and of humanity, and of their own credit, Ho by
force take refugees, and make booty and plunder of the
things; the more careful ought we to be in protecting the
persons who flew thither, and of the things there reposited
for security, and of the salvation of those profane men. We
therefore prosecuting such iniquity with a perfect hatred, as
in duty bound, do ordain, that if any one do by violence drag
away any one that flies to a church, churchyard, or cloister,
or prohibit him necessary victuals, (like a murderer,) or carry,
or cause to be carried away by force, the things of other men
there reposited ; or take upon himself the dragging, prohibit
ing, or carrying away committed by others, or do publicly or
privately give aid, or consent to them who so dragged, pro
hibited, or carried away, let him be ipso facto excommuni
cate, and by no means absolved till he hath first made satis
faction to the church so injured and damaged. And if the
excommunicate do not within a certain time fixed by the
diocesan, make satisfaction upon monition, let his land be
laid under ecclesiastical interdict, and let it not be re
laxed before satisfaction is made. And if he have no land,
let the lord of the land in which he dwells be laid under

A. D. 1268.] OF OTHOBON. 229

ecclesiastical interdict to continue so long as he dwells
there, if he upon admonition do not expel him from thence
within a certain time given him. If the excommunicate
be a clergyman, and do not make satisfaction within the
term fixed by the prelate upon admonition, let him from that
time forward be deprived of every ecclesiastical benefice that
he has in the kingdom : but if he have none, let him be dis
abled from obtaining any in the kingdom for five years : for
he is justly excluded from the goods of the Church, who has
violated charity and the honour of the Church, to contempt
of God and damage of his neighbour. And we will and
enjoin that the premised statutes be all observed against
burners and breakers of churches. Farther, if any one com
ing to the houses, manors, granges, and other the like places
of archbishops, bishops, or other ecclesiastical persons, or
belonging to the churches themselves, do consume, carry
away, or lay hands upon any thing without the will or per
mission of the proper owners or of their deputies, let him be
ipso facto excommunicate, and not absolved till he has made
satisfaction. And lest this wholesome statute be neglected
under pretence of ignorance, we charge that it, or the pur
port of it, be always^ declared after the first publication
thereof in cathedrals, collegiate, and other churches by the
chaplains and rectors thereof on every Lord's day in the
year, when the greatest number of the parishioners and
faithful are present.

g Yet this publication is more than what is necessary, says J. Athon,
because this constitution is only declarative of the old law, not intro-
ductive of any thing new.

13. As the conjugal covenant, being instituted by God, is
not h subject to human power, so ought not the solemnization
of it in the sight of men, whereby it may be notified to all,
to lie open to the bold opposition of any man : therefore we
strictly forbid any man to hinder the solemnization of matri
mony (lawfully contracted) in the face of the Church. And
let bishops, whose concern it is to protect what is sacred, take
care duly to punish such presumers.

h That is, cannot be dissolved by human power, when once lawfully
contracted and consummated : for this hath long been the judgment of
canonists.

230 LEGATINE CONSTITUTIONS [A. D. 12(58.

14. As the laws do very much favour the liberty of the
last judgment, so it is fitting that we promote the execution
of it, that none may obstruct the will of the testator ; there
fore we have thought fit to ordain that no executor be
admitted to the execution of any testament, and that no will
be presented to the ordinary according to the approved cus
tom, or be in any wise proved by him, unless he first expressly
renounce the privilege of 'l his own court as to this act. And
we charge and ordain that the executors of such testaments,
before they meddle with the administration of the goods, do
make an inventory in the presence of some credible men who
know the value of the goods and exhibit it to their superior
prelate. If any one presume to administer before he has
made an inventory, let him be punished at the bishop's dis
cretion*.

1 That is, of the temporal court, for the executor is presumed to be a
layman.

15. We desiring, according to the charge laid upon us, to
remove hardships from churches, that they may not be
afflicted with a double desolation, especially by them who as
superintendents owe a daily concern to them, especially
when in a state of widowhood by the loss of their rectors, do
ordain that when churches are vacant the prelates to whom
they are subject do not take the profits of them by the year,
or by any other space of time, nor make what they receive
their own; but let them be disposed of kas is ordained in the
canons, unless perchance the prelates by special privilege or
ancient custom can claim such a right ; and if they offend,
let them be suspended from their office till they make entire
satisfaction. We wholly forbid prelates what Hhe canon also
forbids them, viz., to make sequestrations of the fruits and
profits of ecclesiastical benefices, unless special cases arise, in
which the customs and laws allow them. We have decreed
all sequestrations made in other cases, and the sentences
of excommunication, suspension, and interdict passed through
such occasions, to be null ipso jure. And let the prelate who

_ * [Johnson omits, Super approbatione obtinebat, approbation! illius episcopi,
siquidem testament! ejus, qui in diver- in cujus dioecesi testator decessit, fi-
sis dioecesibus beneficia, dum viveret, dem volumus adhiberi. W.J

A. D. 1268.] OF OTHOBON. 231

makes such sequestrations be ipso facto suspended from the
use of the dalmatic, tunic, and sandals, till he has revoked
them.

k What provision was made by the pope's canon law in this age touch
ing this point I cannot discover. It is true indeed that the mesne profits
were to be applied to the vacant church *, but the extravagant cited for
it quia scepe, Sext. says no such thing, and besides that bears date 1289,
and therefore could not be meant here ; for it was made twenty years
after this constitution. The profits of a benefice might be bequeathed by
the dying incumbent to his friends till the end of the next harvest if he
lived to Lady-day : if he died before, generally speaking-, the benefice was
filled by harvest. In singular cases the ordinaries and successors strove
which should get most.

[In our diocese the archdeacon had the fruits of vacant churches [Addenda.]
granted him by Archbishop Richard, successor to Becket. See Sornner's
Antiquities, p. 306 f.]

1 Here, too, I am at a loss where to find Othobon's canon. It is true
sequestrations are discountenanced by several decretals, but no where
forbid. In some cases it was necessary, as when the true possessor was
not known.

16. Gratuitous concessions when abused manifest the in
gratitude of him that receives them, especially when stretched
beyond their bounds to the hurt of another. The piety of
ecclesiastical provision allows no hard terms to be put by one
upon another. But when a private person desires a proper
chapel, and the bishop grants it for a just cause, yet he always
uses to add, ' so that it be done without prejudice to the right
of another/ And we, pursuing the same wholesome method,
ordain and strictly charge that the chaplains ministering in
such chapels as have been granted with a saving to the rights
of the mother church restore to the rector of that church
without making any difficulty, all the oblations and other
things which ought to come to the mother church, if they
had not intercepted them, and which therefore they cannot
in justice retain. If any one contemptuously refuse to do it,
let him be suspended till he hath made restitution.

17. Prosecuting the covetousness of some who, having re
ceived much from their churches and benefices, neglect their

* [This is asserted Sexti Decreta- 110, gl. Nequaquam percipiant. ]
lium, lib. i. c. 40, Quia saipe. Cf. J. f [ed. London, 1610.]

Athon in Const. 15 D ; Othoboni, p.

232 LEGATTNE CONSTITUTIONS [A. D. 1268.

houses and other edifices so as not to repair or rebuild them,
by which means deformity and inconveniency attends the
state of churches, we ordain and charge that all clergymen
take care to repair decently the houses and other edifices
belonging to their benefices as occasion shall be : and that
they be monished to this purpose by their bishops and arch
deacons with great earnestness. And if any one for two
months after such monition neglect to do it, let the bishop
cause it to be done after the end of that term at the cost of
the clergyman, mout of the fruits of his church or benefice
by the authority of this statute ; by causing so much [of the
fruits] to be taken as may be sufficient for the finishing of
the repairs. And let them also cause the chancels of the
church to be repaired by those who are bound to do it in
the manner before expressed. We charge the archbishops,
bishops, and other inferior prelates, under attestation of the
divine judgment, to keep their own houses and edifices well
repaired, and cause such reparations to be done as they
know to be wanting.

m John Athon justly makes this one of the two just occasions of
sequestering a benefice : another just cause is the cutting down ancient
timber-trees without necessity.

18. That seed should be fruitful and multiplied to the
labourer is natural, but to reap where one does not sow is
absurd : whereupon the providence of canons hath decreed
that the church which hath received a visitation (which
was instituted for the temporal and spiritual benefit of the
churches) should yield a procuration to the visitor. But
since the procuration becomes a debt on account of the
visitation, it may be called a payment in a man's own wrong
when that reason ceases. Therefore, whereas we are given
to understand that very many prelates demand procura
tions of their subjects though they pay not the duty of
visitation, we providing for the indemnity of churches, as
well as the salvation of the prelates, do strictly forbid any
of them to receive a procuration of any church whatsoever,
unless when he pays to it the duty of visitation, on account
of which it becomes due. And let him that receives it be
suspended from entering into the church till he make resti-

A. D. 1268.] OF OTHOBON. 233

tution. "Let not the bishops or other inferior prelates ag
grieve their subjects with a superfluous retinue, or number
of horses and men beyond what has been determined by the
0 constitution of Pope Innocent the Fourth of happy memory,
lest the visitors seem rather to affect lucre of money than to
preserve the state of the Church, or to seek the salvation of
souls; and if they attempt this, let not their subjects obey
them in this respect : and we have decreed that the sen
tences of excommunication, suspension, and interdict passed
on such occasions be null ipso jure. And let them not at
the time of visitation bring with them an intolerable multi
tude of men, by which the peace of churches uses to be dis
turbed; but let them follow that moderation which the
canonical constitution of the pLateran council hath pub
licly directed.

" See constitution of Otto, 20.

0 Sext. Decretal., lib. iii. tit. 20. c. 1. sect. 5, 6, which forbids any thing
to be given or taken, but moderate entertainment without any money.

p Under Alex. III. c. 4*. There the archbishop is forbid to visit with
more than forty or fifty horses or men, the bishop with above twenty or
thirty, the archdeacon with more than five or seven, the rural dean with
more than two.

19. God accepts no pay, nor even holocausts for sin, but
some deputed for government remit punishment for money ;
by which means the sin of the offender and the judge are
"q sealed up in a bag," and they are both to be condemned
together; and because the sinner is afraid of no crimes
which can be redeemed with money, (according to Bishop
Isidore,) the malice of the will is not in the least diminished,
but authority and licence is granted to sin. As to the cor
rection of such crimes the forenamed rlegate ordained that
archdeacons should prudently and faithfully visit the churches
as to the sacred furniture and vestments, and by enquiring
how the nocturnal and diurnal offices of the Church are per
formed, and in general both as to temporals and spirituals,
and that they correct what they find needs correction ; that
they do not aggrieve the churches with superfluous expenses,
but demand moderate procurations only when they visit;
that they bring no strangers with them, but be modest as to

* [A.D. 1179. Concilia, torn. xxii. col. 219, 220.]

234 LKGATINE CONSTITUTIONS

[A.D. 1268.

their retinue and horses, and receive no money of any one for
not visiting, for not correcting, for not punishing, and that
they involve no man in an unjust sentence in order to extort
money from him : therefore because these things savour of
simony, he decreed that the offender should pay the doubles
of what he had extorted to be distributed for pious uses at
the discretion of the bishop, with a saving for other canonical
punishment. He charged the archdeacons also frequently
to be present at the chapters in every deanery, and there
among other things to instruct the priests to know, and
soundly to understand the words of the canon of the mass
and of baptism, especially those which are essential to the
sacrament. We therefore, to improve the statute of the
legate aforesaid published against such men, do ordain that
archdeacons take no money for any crime that is mortal and
notorious, or which may occasion scandal, but punish it with
a just animadversion. And we strictly charge bishops that
they cause this wholesome statute firmly to be observed.

q Job xiv. 17.

r See constitution of Otto, 20,

20. It is a great indignity to spiritual things to traffic for
[Acts viii. them with money, since Peter said to Simon, "Thou hast no
part nor lot in this matter." Thus we have found a con
stitution of the aforesaid s legate providently forbidding dig
nities or offices, as deaneries, archdeaconries, the profits of
ecclesiastical or spiritual jurisdiction, or that arise from
penance and the altar, or from other sacraments, to be in
any wise granted to farm. Now we hearing that many
offend against this wholesome statute do farther ordain that
for the future such granting to farm be of no force : and that
neither of the parties contracting be obliged to the other by
such contract, however it be strengthened, by whatever au
thority of the law, or renunciation of the benefit to be had
by this constitution : and that a third part of the profits of
what is so let to farm in fact against this statute be by all
means applied to the fabric of the cathedral church. All
which particulars we will have to take place when a church
is farmed to laymen ; or when it is farmed to clergymen for
above five years contrary to the constitutions published by

A. D. 1*268.] OF OTHOBON. 235

the legate in this respect. And farther, desiring to fore- arm
the Church against a grievous mischief, we strictly forbid
them to be let to farm to their patrons.

• See const, of Otto, 7, 1237.

21. The good shepherd is as watchful in looking after and
defending his flock as the wolf is in invading and persecut
ing them. He that often goes and comes does not find what
he left, because the adversary who always resides and never
sleeps has taken it away*. Though bishops are tied to per
sonal residence with the flock of God committed to them
both by divine and ecclesiastical injunctions; yet because
there are some in the countries of our legateship who seem
not to mind this, therefore we pursuing the monition of the
aforesaid 'legate to the archbishops and bishops in this re
spect with an emulous zeal do exhort them in the Lord, and
under attestation of the divine judgment, and in virtue of
their holy obedience, that out of care to their flock, and
for the comfort of the churches which they have espoused,
they be present especially on the solemn days in Lent and
Advent at those [churches] to which they have plighted
their faith, and there consecrate the holy chrism, and the
holy oil, and the oil for the sick on Maunday Thursday
every year, (unless they are obliged to absent themselves on
these days for some just cause at the command of their supe
riors,) that they may carefully keep watch, as their name of
bishop intimates, and as the ministry committed to them
requires, which carries as much burden as honour along
with it.

4 See const, of Otto, 22, 1237. There is King Henry's letter to the
bishop of Hereford extant. Sir H. Spelman, vol. ii. p. 316 f, in which the
king charges the bishop to return to his church and reside there ; or else
he threatens to seize the barony as his own which he had already taken
into his hands, because the bishop had left his see without appointing a

* [xxi De residentia archiepiscoporum tur ut corporal! praesentia ipsum tue-

et episcoporum. atur solicite ; quia vadens pastor et ve-

Pastor bonus cognoscens gregem niens saepe non invenit quod reliquit, eo

suum debet ipsum et mentis et corporis quod illud adversarius non recedens

oculis jugiter intueri, et ne ipsum in- neque dormiens asportavit. W.]
sidiosus lupus invadat sicut hostis per- f [A.D. 1264, Wilkins, vol. i. p.

sequendo invigilet; sic praelatus resis- 761.]
tat continue defendendo. Oportet igi-

236 LEGATINE CONSTITUTIONS [A.D. 1268.

vicar-general ; the canons had followed the bishop's pattern, and were all
non-resident.

22. Because the decrees of the holy fathers and of the
"Roman pontiffs do carefully forbid alienations of the holy
churches,, we as we are in duty bound imitating them to the
best of our power strictly forbid bishops to confer a church
subject to them on another bishop, monastery or priory by
right of appropriation, unless he to whom he confers it be so
oppressed with poverty, or unless there be some other lawful
cause, so that the appropriation may be rather esteemed
agreeable to piety, than contrary to law : and if any appro
priation be made contrary to the premisses, let it be void
and of none effect ipsojure ; but let it by all means be re
voked by the bishop who made it, so far forth as he pro
ceeded de facto. Some also, that they may swallow the
whole of the profit of a church that used to be under a
rector, but is now granted to them, leave it destitute of a
vicar ; or if they do institute a vicar, leave him but a small
portion insufficient for himself and for bearing the charges of
the archdeacons, and other burdens : by which means what
was granted as alms, becomes a rapine : therefore providing
wholesome remedies in this respect we ordain and strictly
charge *, that the Cistercians, and all others who have
churches for their own use, if vicars have not been placed in
them, do within six months present vicars to the diocesans
who are to institute them. And let the religious take care
to assign them a sufficient portion according to the value of
the churches ; or else from thenceforth let the diocesans take
care to do it. And we ordain that such as have churches to
their own use do build houses in the parishes belonging to
them, or rebuild and preserve them where they have been
formerly built, for the x reception of the visitors f. We charge
that the premisses be done and observed by bishops as well
as others who have churches for their own use.

u It seems to me an impudent contradiction to truth to say that popes
have by their decrees forbidden impropriations ; they have indeed suffici
ently forbid alienation of churches, or what belongs to them, to laymen.

* [Johnson omits, ut universi reli- f [in quibus honeste possint recipi

giosi, exempli et non exempli. S. W.] visilanles. S. W.]

A.D. 126&.] OP OTHOBON. 237

However we are beholden to the legate in one particular, viz., that he
allows impropriations to have been alienations, much more would he have
done so if he had lived in King Henry the VIIL's reign.

x And therefore John Athon intimates that there must be a closet and
a chimney in it *.

23. Since the uncertainty of death oft deprives men of the
opportunity of making their last wills, human piety treats
the dead with mercy by distributing their goods for pious
uses,, so that they follow and help them, and do in a propi
tiatory manner intercede with the heavenly judge for them -,
therefore we by our approbation confirming y the provision
made concerning the goods of such as die intestate by the
prelates of the kingdom of England with the approbation of
kings and barons, do strictly forbid prelates and all others
whatsoever, to take or seize the goods of intestates contrary
to the provision aforesaid.

y John Athon cites the stat. 13 Edw. I. c. 19, which was made many
years after this constitution, and which therefore could not be the law
here meant. Bishop Gibson declares he could not discover what the pro
vision was here intended t. Cod., p. 572 +.

24. The authority of him that judges gives strength and
credit to the judicature. A man of eminent station and
large estate may more safely take truth for his guide, and
carry a promise of acting with courage and justice : therefore,
adhering to the z sacred canons by which it is ordained that
causes delegated from the apostolical see be committed to
none but those of great dignity : we, moved by that autho
rity, ordain that causes be a committed by archbishops, bishops

* [That is, in the house so built or was iterated in the Grand Charter, 9

rebuilt; Hen. III. Si aliquis liber homo intes-

In quibus. sc. domibus ecclesiarum. tatus decesserit, catalla sua per manus

Honeste. Cum privata ergo garde- propinquorum, parentum et amicorum
roba et cum chaiminice secundum suorum per visum ecclesiae distribuan-
usum Gallicorum, ut de aliis contices- tur, salvis unicuique debitis, quae de-
cam. — J. Athon in Const. 22. D. functus eis debebat." MS. note Wrang-
Othoboni, p. 121.] ham.]

f ["It is much that neither Bp. I [The words of the constitution are

Gibson nor this author consulted Mr. "quae dicitur emanasse;" Bp. Gibson

Selden's piece, 'Of the disposition of adds in a marginal note, Quaere anun-

intestates' goods,' who would have in- quam revera emanarit. The statute

formed them, c. 3, that the provision 13 Edw. I. c. 19, provides that the

here intended was probably one in ordinary shall pay the debts of the

King John's charter signed at Runny- Intestate out of his goods. See Gibson,

mead, seventeenth of his reign, which tit. xxiv. c. 8.]

238 LEGATINE CONSTITUTIONS [A. D. 1268.

and other ordinaries, to none but persons of dignity or office,
or to the canons of cathedral or other collegiate churches.

1 The only text in the canon law to which John Athon here refers us,
that contains any thing to this purpose is that Sext. lib. i. tit. iii. c. 11,
and this was made by Pope Boniface VIII. above thirty years after Otho-
bon's constitutions.

a John Athon here declares that this constitution was not observed in
his time.

25. The covetousness of men reflects all the ardour [of
love] toward themselves ; which the artifices used in suits
sufficiently declares : for here every one thinks that right
and just which is to the hurt of his adversary, and the ad
vantage of himself. Because frauds had been discovered in
the point of citations the aforesaid blegate Otto ordained
'that letters of summons should not be sent by those who
obtained them*; but that the judge, at the moderate ex
pense of him who obtained them, should send them by his
own faithful messenger, who should diligently seek him, and
if he could not find him, should cause the letters to be read
and explained on the Lord's day, or other solemn day in the
church of the place where he used to dwell f. Or at least
that the summons be directed to the dean of the deanery
where he dwells that is to be summoned, and that he at the
command of the judge faithfully execute them by himself, or
by certain and faithful messengers, and not neglect to certify
what he has done thereupon : but we for the more cautious
proceeding in the point of summons, and for the taking away
the occasion of danger, so far as we can, add to the constitu
tion of the said legate, that when a judge sends out summons
against an absent man, he commit the execution of it to the
dean of the place, or to some certain person, and let him to
whom it is committed, when he has faithfully executed it, cer
tify the citation according to the form of the statute, Let
no credit be given to a citation made in any other manner,
c'nor let any punishment be inflicted upon him who is said
so to have been cited J.

' * [ut per impetrantes vel eorum tur, Atbon. S. W.]

nuncios in causis regni Angliae cita- 'J [cum nee secundum ipsam contra

toriae literse non mittantur, Athon. S. eum qui citatus dicitur, ad posnam ali-

W.] quam procedatur. W.]

f [Johnson omits, dum missa canta-

A. D. 1268.] OF OTHOBON, 239

b See const, of Otto, 26, 1237,
0 Dele cum in John Athon's copy.

26. The laudable office of advocates, who are as it were
champions of justice, is lessened by those who use it unfaith
fully, and obstruct justice by entangling causes. The aforesaid
^legate, diligently and prudently considering this among
other holy constitutions, decreed that whoever would be pro
moted to the office of an advocate, should give oath before
the diocesan in whose jurisdiction he was, either by birth
or habitation, that in the causes he undertakes he will per
form the part of a faithful patron. We therefore desiring
to enlarge such a statute by which iniquity is opposed, justice
and truth relieved, do moreover ordain that according to the
contents of the said statute, no advocate be allowed to under
take a cause, unless he first shew the letters of the diocesan
(before whom he is enjoined to take the oath) certifying that
the oath has been given him, or unless he make oath anew.

d See const, of Otto, 29, 1237.

27. Since judicature ceases when the plaintiff and de
fendant are agreed, and the judge hath nothing to do ac
cording to the sanctions of law, but to end the dispute
between them ; he greatly offends who endeavours to ob
struct the parties when they are disposed to peace*. But
because by this means God is provoked, man is hurt, the
judge's credit is impaired, controversies are cherished; we,
improving the e statute of the said legate, who contented
himself in this case with a simple prohibition, do moreover
ordain that if any one for the future take any thing for
obstructing of peace, he be by all means bound to restore it
to him that gave it, and give as much in alms to the poor,
or else let him be excommunicate from the time he com
mitted the crime till he make restitution as is aforesaid.

* Const. Otto, 21, 1237.

28. As ecclesiastical censures used to be publicly notified,
as a medicine intended for the cure of the party coerced ; so
it is expedient that the absolution of him that was bound be

* [Johnson omits, maxime praetextu alicujus commodi, Athon. S. W.]

240 LEGATINE CONSTITUTIONS [A. D. 1268.

made known too, lest he be avoided to his reproach, as he
ought not to be : therefore we ordain that when any one is
released from the sentence of excommunication, suspension,
or interdict, some body be commanded to notify the release-
ment at proper times and places.

29. Christian truth is so far abandoned through the pride
of men's hearts, that whereas every man is scarce sufficient
for the care of his own soul, yet men overrating themselves
undertake the cure fnot only of many men in one benefice,
in which sometimes they do not reside, nor enter into holy
orders as the cure requires ; but also often heap up to them
selves many and even innumerable cures, and walking in
vanities and lies deceive the souls whicji they undertook to
cure : for the thing was impossible. The constitutions of
the holy fathers and of the Roman pontiffs, and other men
of authority both now and of old, have carefully laboured to
rescue such men from danger, who helping the flesh against
the spirit, against God and man, and industriously departing
from God throw themselves to the devil, rob Christ of souls,
and convert the Balms of the poor to superfluous, not to say
wicked purposes : and their labour was meritorious in regard
to the faithful labourers in the Lord's vineyard ; and it was
a virtue in them to supply with good materials, even them
who did not use them. But many hardened with covetous-
ness have lost the benefit of these labours ; such [we mean]
as not only wickedly take plurality of benefices with cure of
souls from the hands of prelates, but seize upon them by
their own authority with violence in a damnable manner,
and by wicked contrivances and evasions retain them without
the hkey of dispensation belonging to the apostolical see.
The evils which from hence arise to the Church are un
speakable ; for her honour is tarnished, her authority an
nulled, the faith of Christ is demolished, the hope of the
poor is vanished and gone : because they see the mouth of
the rich and powerful opened for the swallowing of every
benefice that is like to be vacant. A wretched ignorant
sinner boasts himself rector, he does not receive, but steals

* [non solum unius beneficii sed de Athon: Spelman reads ' super mul-
multorum intrepide curam suscipiunt, tos,' instead of sed multorum.']
in q\io quandoque, &c., W. and John

A. D. 1268.] OF OTHOBON. 241

what is not his own. Disputes, scandals, animosities arise
among the rich. It is upon this account we fear that the
divine wrath flames against the men of these kingdoms, and
the sins of some bring vengeance upon all. And we fear the
like or worse for the future, unless God's mercy cure us
by wholesome correction. Desiring therefore to cure this
almost incurable plague, and exercise our office with all our
might, following the constitution of the said ! legate, and
giving it farther supply, we ordain that prelates do with sin
cerity and diligence enquire into the past transgressions com
mitted before this constitution of ours in relation to plurality
of benefices with cure, and those who do not reside in their
benefices as they ought, or not take that holy order which
the cure of the benefice requires ; and that they cause the
statute of the general council in these respects to be observed.
Let archbishops also effectually enquire concerning the pre
misses in their provincial councils, and correct the negligent
as they are bound to do ; since they must give account there
fore before the severe judgment-seat of God. We ordain
that for the future, when any one is presented to a benefice
with cure of souls, or when the collation of such benefice is
to be made, the prelate to whom that office belongs do make
diligent enquiry into the life and conversation of the person
presented or to be instituted, and the other particulars which
the laws enjoin; and let him make strict enquiry whether
the person presented or to be instituted have other par
sonages or benefices with cure of souls; and if he have,
whether with or without dispensation. If he affirm that he
hath [a dispensation] let him take care that it be exhibited
to that prelate within a time fixed by him ; otherwise let him
not afterwards be admitted. And if he have been instituted
let his institution be null. When the dispensation is ex
hibited let the prelate carefully consider whether by virtue
of his dispensation he may obtain another benefice, or other
benefices with those which he already hath ; and if he find
that he hath, or had several benefices with cure without dis
pensation, let him by no means be admitted to that which is
now in dispute. The same is to be observed if the dispensa
tion when exhibited does not extend to benefices to be here
after obtained, but already obtained ; unless in this case the

242 LEGATINE CONSTITUTIONS [A. D. 1208.

person to be instituted take a corporal oath, that when he
has possession of the benefice to which he is now instituted,
relinquishing the other benefices which he had before, he
will not at all meddle with them from that time forward
by himself or by any other. And if he do, let him know
that he is (beside the blemish of perjury) ipso jure deprived
of whatever [benefices] he had, or might have had. After
any one hath been instituted according to the premisses, let
the institutor give solemn notice forthwith to the prelates of
the same kingdom, in whose diocese his former benefices
were, as also to the patrons thereof, concerning what hath
been done, that they may dispose of the benefices belonging
to them. And farther, let him write down the names of
the benefices, and publicly notify them in the provincial
council next coming, by which it may appear what orders
have been taken about the benefices, and whether the person
instituted spake truth, who said that he had no other bene
fices. If the instituting prelate do otherwise, let him revoke
the institution within a month : or else be suspended from
collating and instituting to benefices belonging to him till
he shall revoke it ; the right thereby devolving to the next
superior. And if notwithstanding this he does concern him
self in these matters, let him be suspended from entering
into the church. And whereas guilt flies in the face of him
who commits a crime which he has himself condemned, we
detesting this mark of infamy (which the k Apostle declares
ought to be avoided) do strictly forbid a prelate who refuses
to admit a man presented to him for hvant of holy orders, to
confer the same church on another who labours under the
same defect, lest he seem to have accepted the person rather
than to have loved justice : and if he do this, let his collation
or institution be ipso facto null and of none effect at all.

f Here I follow Sir H. Spelman.

g See the next constitution.

h Here our legate betrays his Roman sincerity ; as if a dispensation from
Rome could cure the evils of pluralities against which he so horribly de
claims.

s See const. Otto, 12 and 13, 1237.

k 1 Cor. ix. ult.j says John Athon, but I rather think Rom. ii. 3.

1 He speaks, says John Athon, after the old canon law, according to
which none but a subdeacon at least could be rector ; but at this day it

A. U. 1268.] OF OTHOBON. 243

is sufficient that he be a clerk. John Athon wrote while John Stratford
was archbishop of Canterbury, as he says in his gloss on this chapter *.

30. The fall of man from his dignity has given such a
loose to his desires, 'that the edge of reason being blunted,
and the rod of our anger, which was ordained against vice,
being broken f, nothing is thought wicked that can satisfy our
covetousness, which grows by being gratified. This is to be
pitied in the laity, so called, because left to vulgar employs :
but in those who have the Lord for the portion of their
inheritance, who are to guide and govern others, it is the
more bitterly to be lamented, as the guilt of it is more
heinous, the toleration of it more dangerous. Of all the
inventions of men against their own souls, what most of all
confounds both divine and human laws we have found to be
this, that whereas every single church ought to have a single
rector, according to reason and the statutes of the law ; yet
some unreasonably and in contempt of right, having no other
colour for seizing several churches, and making haste by any
means to be rich, procure vacant churches to be held by them
in m commendam; sticking by the words, not the sense of the
law which sometimes permits one church to be held by title,
another in commendam. And whereas the right of commen-
dam was introduced by the law (understood in a sound sense)
not by way of command, but permission for the benefit of
the vacant church ; these men for their own profit take not
only one but many churches to be dissipated by commendam.
Among the many perils proceeding from this plague, we
observe the waste of church goods and a contempt of
spiritual things to be the certain consequence of it : while
these wretches J rake together what ought to belong to
others; and spend in luxury and pomp what was designed
to be "alms for the poor; these sins do exceed in proportion
thefts and rapines, °and " even the sacrificing of a son in the
sight of his father," according to the testimony of the divine

* [Cf. J. Athon in Const. 29. D. lates is, " ut recusso acumine rationis

Othoboni, p. 129. gl. Quod halita pos- et contra mala statuta irrationabilitatis

sessione.~\ (statutae irascibilitatis, MS.) virga com-

'f [ut recusso acumine rationis, et minuta."]

contra mala statuta irrationabilitatis t [Johnson omits, cupientes casum

virga conjuncta, W. Spelman has also in malum suum, Athon. W. Spelman

'conjuncta' ; the more intelligible read- has suscipientes casum in malum

ing of J. Athon, which Johnson trans- suum.]

E2

244 LEGATINE CONSTITUTIONS [A. D. 1268,

law*. Now we, as we are by office bound, consulting the
health of souls, and the good and indemnity of churches
with all possible care, do wholly revoke all commendams of
churches hitherto made, and decree them to be null, unless
the commendam were made for the advantage of the church,
and of one only; commanding them to whom the collation
or presentation of them belongs, that they collate or present
to them within two months after the publication of this con
stitution ; or else that the collation of them devolve to the
apostolical see. And we forbid all commendams of churches
for the future, unless a just and lawful cause require it to be
done. 'And to prevent all tricks and fallacies we ordain,
that no church be taken in commendam for above a year by
any one that hath a benefice with cure; and that more
churches than one be given to no one in commendam f. And
if any commendam be granted by any one to any one in the
places belonging to our legateship contrary to this wholesome
statute, we decree it to be null ipso jure. Let the bishop
who grants a commendam contrary to the premisses be ipso
facto suspended from collating or presenting to any benefices
till he revoke it.

m This practice seems to have begun in the middle of the ninth century.
See caus. 21, queest. i. c. 3. But the bishop, with consent of the patron,
had hitherto the granting of them : and it was done chiefly in relation
to lesser benefices. And though the constitution supposes the benefices
while under commendam to be vacant : yet it seems a question whether
they were not in some sense filled by this means : for no lapse was
incurred while the church was under commendam. Why none but bishops
are now permitted to take or hold by commendam, must be resolved, I
conceive, into the will of our former kings, queens, and archbishops.

" All the oblations and tithes are sometimes called alms, and all the
lands holden by the church are said to be held in free-alms, that is, with
out any secular service to the lords. Farther, a resident rector ought to

* Johnson omits, Nee prseterit divi- S. W.]

num intuitum csecitas concedentis, qui f [Et ut omnibus versutiis, adin-

dum ecclesiae prospicere debet, perso- ventionibus, et fallaciis occurramus,

nam hominis accipit, cui non tarn cu- statuimus, ne cuiquam ultra unum

ran dam ovem committit, quam mise- tantum cum cura animarum benefi-

rabiliter devorandam. Quia igitur cium obtinenti, ecclesia commendetur,

nee timorem divini judicii, nee sa- neque plures ecclesise alicui person ae

crorum canonum intentionem ad coer- valeant commendari. W. So also

tionem talium sufficere, vel etiam pro- Athon and Spelman omitting ' tan-

ficere mine usque videntur. Athon. turn.']

A. D. 1268.]

OF OTHOBON. 245

be, and commonly is the best friend to the poor. One fourth part of the
benefice was of old deputed for the use of the poor *. This wa,s one pre
tence for infeodation and impropriations of tithes : for the infeodator, or
impropriator, always pretended to take the poor's share, that so it might
be more faithfully dispensed than by the incumbent,
0 Ecclus. xxxiv. 20 f.

31. The eminence of the pastoral chair wants many divine
graces for its support, for the merit of the pastor in the sight
of God, and for his better instructing the people. Among
other provisions of the holy canons concerning the election
of pontiffs, this deserves the first place, that the person to be
advanced may be so far as possible without blemish. We
therefore, as we are by office bound, with all possible dili
gence correcting the P ignorance, neglect, and dissimulation,
which happens, or is practised in the confirmation of [bishops]
elect, do ordain, and in virtue of holy obedience enjoin, that
when the confirmation of an episcopal election is demanded,
among other things concerning which enquiry ought to be
made according to the institutes of the canons, let it most
strictly be examined whether the elect had not before his
being elected more benefices than one with cure of souls;
and if he had, whether he was dispensed with, and whether
his dispensation when he shews it, be a true one and extend
to all his benefices. And if he to whom the confirmation
belongs do upon a scrutiny find the elect to be deficient
in any of the premisses, let him by no means give him
confirmation.

p This is a severe reflection upon the archbishops, and which they would
never have passed, if there had been any freedom of debate in these
legatine councils, especially because the bishops were affected by it, all at
least that came to their sees since the advancement of the present arch
bishops, and Boniface had now sat in the chair of Canterbury twenty-
four years. These Romans ever carried it insolently toward our English
prelates.

32. The unquenchable thirst of ambition chooses neither
Mary's better part, nor the sedulity of Martha in ministering,
but takes every bye-way to dominion, through right and
wrong. We are informed, that sometimes a man in order

* [See in vol. i. A.D. 601. 1. p. 66.] filium in conspectu patris sui. Ecclus.
f [Qui oftert sacrificium ex sub- xxxiv. 24. Vulg. ed.]
staritia paupcrwn, quasi qui victiinat

246 LEGATINE CONSTITUTIONS [A. D. 1268.

to climb into a vacant church, ilest he should be defeated of
his desire by reason of his having a plurality of benefices,
resigns those benefices, or rather deposits them in the hands
of him to whom the collation of them belongs, on r condition*
that if he be not elected, he may resume them. Now to
countermine this collusion by an obstacle well pleasing to
God, we strictly forbid such benefices to be restored to him
that so resigns them for the future, or to be granted to him
de novo ; but that they be canonically disposed of to other
parsons as vacant benefices. And if they or any of them be
so restored or granted again to the resigner, we decree the
restitution or concession to be of none effect : let him who
knowingly collates or institutes the resigner into the bene
fices so resigned against the premisses, if he be a bishop, be
suspended from the use of his dalmatic and pontificals ; if an
inferior prelate, from his office till he revoke it.

q A pluralist was incapable of being elected to a bishopric without a
dispensation from the pope, by a decree of Gregory the Ninth, Decretal.,
lib. i. tit. 6. c. 54.

r Here I follow John Athon, who says some copies had protestatione ;
Sir H. Spelman hsajftctwne.

33. Because when presentation is to be made to a vacant
church, he that is to be presented, as we hear, very often first
agrees with the patron to pay him a certain annuity out of
the goods of the church, and so is presented by compact :
we intending to obviate this simony and waste done to the
church, do wholly s revoke all such promises and compacts,
and forbid such to be made for the future ; and decree, that
if they be made, they shall be of no force. And we revoke
all pensions imposed on parochial churches, unless they who
receive them are warranted by lawful prescription, special
privilege, or some other certain right1.

s Our present lawyers allow such covenants to be valid ; but in this
age I conceive such causes were not permitted to be brought into tem
poral courts.

1 John Athon's copy adds ab initio f.

34. 'The Almighty Lord, who does not forget mercy in
anger, that He might be appeased by the prayers and groans

* [detestabili quadani pactione, Athon. W.] f [So Wilkins.]

A. D. 1268.] OF OTHOBON. 247

of the contrite, willed temples to be built, where the faith
ful assembling and abstracting themselves from all outward
things and retiring into their own consciences, with their
senses shut, may pacify the anger of the just judge by obla
tions and holocausts, and especially by the sacrifices of a
contrite heart, and prayers which unite us to God, that sin
ners may not be consumed but obtain mercy * : the Son of
God hath shewed by word and deed how acceptable this is to
Him as God of all, when He affirmed the church to be His
own house, and willed it to be declared not a house of mer
chandise but of prayer, insomuch that with a scourge He
drove the chapmen out of the temple, though they sold
there what was necessary for sacrifice ; plainly shewing the
detestable sin of them who keep markets in churches, and
traffic in the house of God, and1 making it a den of thieves » [dele
'and devils f: for in their traffic they deceive or intend to and'^
deceive each other ; therefore we strictly forbid any man to
hold a market, or exercise any negociation in any churches
of our legateship ; firmly enjoining archbishops, bishops, and
other prelates of churches, in virtue of holy obedience, that
they cause it inviolably to be observed by all, by ecclesias
tical censure.

35. The just and merciful God, who desires not the death
of a sinner, but that he be converted and live, sometimes lays
temporal punishments on men, that He may not eternally
condemn them. Therefore, when our sins separate between
God and us, He sends diseases, plagues, famines, and wars,
and many other evils for the affliction of sinners. Upon this
account the famous kingdom of England, which used to en
joy peace, is miserably at this time wasted with feuds, dissen
sions, and wars. And to the shame and grief of all Christian
people, the Holy Land, in which the Son of God wrought

' * [Omnipotens Dominus, qui cum tviti cordis et orationes, quibus Deo

propter peccata nostra nobis irascitur conjungimur, iram justi judicis miti-

non obliviscitur misereri, sciens se garent, ut, in nrisericordiam conversa

posse ac debere placari per contritorum justitia, peccatores juste non consu-

et humiliatorum gemitus et orationes, mantur pro meritis, sed pro dementia

templa et oratoria construi voluit, in conditoris misericordiam consequan-

quibus convenientes fideles, abstract! a tur. Athon. W. Spelman has the same,

cunctis exterioribus actibus, et seipsos, except « creators' for ' conditoris.'

clausis corporis sensibus, in suis con- ' f [et domum diaboli, Athon. S.

scientiis colligentes, per oblationes et W.]
hostias, ct praecipue per sacrificia con-

248 LEGATINE CONSTITUTIONS [A. D. 1268.

the salvation of man, [God] hath delivered into the hands of
those who are enemies to the Christian name; that having
shewed us that by reason of our sins we are unworthy to
dwell in so holy a country, He may employ Christian people
in fighting His battles to their own salvation. But whom the
Lord loveth He chasteneth, and when He has been justly
angry, He will remember mercy; so as after plagues and
other evils, to give comfort to the afflicted, soundness to
them that languish, and unity to them that are at discord :
therefore the old fathers ordained with a provident delibera
tion, that public solemn processions should be made at cer
tain seasons, at which the faithful being under God's visita
tion, and warmed with devotion and love, might provoke His
mercy by their prayers, and praise Him for benefits received,
to wipe off the imputation of ingratitude. In an emulous
imitation hereof we ordain and charge that one public solemn
procession be made every year uon the morrow after the oc
taves of Pentecost in all the countries of our legateship, in
which all the faithful, both religious and secular, may thank
God for the restoring of peace, pray to the Lord, that He
turning away His wrath would direct the government of
these kingdoms and countries, grant peace to the faithful,
continue and confirm the peace already restored ; and give
back the Holy Land (which He dyed with His own Blood)
to the worshippers of Christ, to the glory of His Name.

u We should call it Trinity Monday. But the festival of the Holy
Trinity was not yet settled by the pope. It had been kept from the time
of Pope Alexander the Third (if not before) in some churches on the
Sunday after Pentecost, in others on the Sunday next before Advent, but
in the Church of Rome not at all, as Pope Alexander informs us ; and in
the year 1305 it was made an established feast, as it stands in our present
calendar, by Benedict the Thirteenth. See Alexander's Decretal, lib. ii.
tit. 9. c. 2.

36. The preservation of the honour of the Church produces
and increases the unity and merit of the Catholic faith, pro
cures grace and peace from the Lord to Christian people,
and makes the prayers of the just full of propitiation, and
worthy to be heard by our merciful Father, in proportion to
that reverence they bear to holy mother Church. But from
differences oppositions arise so as to divide faith and unity.

A. D. 1268.] OF OTHOBON. 249

The contempt of religion pulls down the anger of the Omni
potent on a people whom He hath put out of His protection,
and who have shipwrecked themselves through their own in
ordinate desires, and rendered the mercy of God inexorable.
Therefore we call upon the archbishops and bishops who are
placed by the Lord to keep watch over His flock, and charge
them in virtue of holy obedience, that they be very diligent
in defending the Churches and ecclesiastical persons, and in
reforming of them ; and employ their pastoral care for the
restoration and preservation of both. And let them observe
and cause to be observed the constitutions of the fathers,
and of the Roman pontiffs, against them who attempt to
obstruct the jurisdiction and endeavours in these respects,
under the penalties expressed in these constitutions. But
that the ignorance of these constitutions may not be the
occasion of the neglect of them, we charge all archbishops
and bishops, abbots and priors exempt *, as also the chapters
of cathedral churches, that they all take a copy of the con
stitutions published in this council ; and let the archbishops
and bishops cause them to be read every year word for word
in their synods f.

There are fifteen or seventeen constitutions (as they are
differently divided by Sir H. Spelman and John Athon) over
and above the foregoing ; but I translate them not because
they wholly concerned the regulars or religious ; and if we
may believe John Athon, were never read in open council,
and indeed it is evident that the legatine constitutions end
with the injunction for their publication.

* [Johnson, following Athon, omits, Lamb, the following conclusion; "acta

et non exemptis, S. W.] sunt haec London, xi. kal. Mali,

f [Hie desinit codex regius, h. m. A.D. 1268. Postea ipse Octobonus

" Expliciunt constitutiones Octoboni." fuit affectus papa, cui nomen impone-

W. Wilkins gives seventeen more con- batur Adrianus." See Wilkins, vol.

stitutions nearly as Spelman, and at ii. p. 15, note s, and p. 19, note f.J
the end of them quotes from MS.

A.D. MCCLXX1X.

PREFACE. ARCHBISHOP PECKHAM'S CONSTITUTIONS
AT READING.

FRIARS were now in great reputation, Robert Kilwardby
was one of the black sort ; he succeeded Boniface in the
archbishopric of Canterbury, and founded the house of Black
Friars, London : upon this Robert's resignation, John Peck-
ham, a grey or Franciscan friar, was his successor by virtue
of the pope's provision, who made Kilwardby cardinal, and
bishop of Porto, and then placed Peckham in his room at
Canterbury. To give my reader a true view of the spirit of
this prelate, I will present him with the substance of a letter
which he wrote to Edward I. then king of England, viz.,
A.D. 1281*. "He professes obedience, and owns his great
obligations to the king : but declares that he could not be
bound to disobey laws which subsisted by a divine authority,
by any human laws, or oaths : he observes an old rivalry be
tween the ecclesiastical and secular powers; and speaks of
the Church's being oppressed contrary to the decrees of the
popes, the statutes of the councils, and the sanctions of or
thodox fathers, in which three, says he, is the supreme au
thority, the supreme truth, the supreme sanctity, (he forgot
the Holy Scriptures,) and no end can be put to disputes un
less we can submit our sublimity to these three great laws :
for out of these the canons (as he adds meaning the canon
law) are collected. He undertakes to prove the authority of
these from Matt. xvi. 19; Deut. xvii. 9 — 11, 18, 19; Matt.
x. 20 ; xviii. 19, 20, and then goes on in this manner. Con-
stantine, king of England and emperor of the world, granted
all that we ask, and particularly that clerks should be judged
by their prelates only. Wihtred, king of Kent, granted the

* [See the letter at length, Wilkins, vol. ii. p. 64.]

PREFACE. 251

same, as is plain from the council held by Archbishop Briht-
wald, A.D. 694*. This Knute declared in his laws; King
Edward promised to keep the laws of Knute; and King
William, to whom St. Edward gave the kingdom, granted
that the same should be observed. He intimates that these
oppressions began under King Henry I., but proceeded to a
greater height under King Henry II. He gives the epithet
damnable to the articles [of Clarendon] because Archbishop
Thomas suffered banishment and death for not subscribing
them. He tells the king he was awed by his conscience to
write this letter, that no oath could bind against the liberties
of the Church; and farther, says he, we absolve you from
any oath that can any ways incite you against the Church.
He begs of the king to learn this lesson, ' for which so many
of the holy fathers, and the last but one [of my predeces
sors] the lord Boniface, our mother's uncle, did so earnestly
labour f, and to which we believe you inclined unless evil
counsellors deceive you. Dated from Lambeth, 4. nones of
November, 1281."

If we could depend on the last clause of this letter, it
would confute the common tradition concerning this arch
bishop, viz., that he was of obscure parentage. If Boniface
were his mother's uncle, he had certainly been related to the
king himself: but I conceive, that instead of nostrce geni-
tricis, it should be vestrce genitricis, especially because he
gives her the title of illustrious : and it has already been
observed that Boniface was uncle to Eleanor, queen of King
Henry III., King Edward's mother. But if this archbishop
were of mean birth, yet he raised a family, for it is agreed
that he left a very large estate to his kindred, notwithstand
ing the oath of poverty which he (as a friar) had taken.
And yet he was one that endeavoured to have it thought,
that he never forgot his order : for he ever styled himself
Friar John.

* [See above, vol. i. p. 125, and Bonifacius, illustris genetricis vestrae

Appendix, A.D. 692 — 4.] avimculus, tarn anxie laborarunt. W.,

' t [Pro <lua tot sancti patres, et p. 65.]
penultimo sanctse memoriae dominus

A.D. MCCLXXIX.

ARCHBISHOP PECKHAM'S CONSTITUTIONS AT READING.

LATIN. HE called a provincial synod at Reading, and after having
pLIs5 1 rea^ *ne constitutions of Othobon, as that legate had en-
sir H. joined, he thus descants on the twenty-ninth of those con-

Spelman, . .. ..

vol. ii. stitutions, viz. \

p. 320. i Ye have heard, my brethren, the tenor of this constitu-

app., p.' 22. tion, ye know the canons of the holy fathers published in
^|'k!Ps» this respect in the council of Toulouse f and Rome J, and
p. 33*.] the decree of Dionysius, all which forbid a plurality of
benefices with cure to one man ; requiring a single priest for
every church, as did the Lateran council under Pope Alex
ander the Third, and the other general council there under
Innocent the Third §. There is this addition in the last coun
cil, that the first is vacant by accepting a second, and that the
first may be conferred on another by the patron ; and if he do
it not within six months, not only the collation of it devolves
to another, but [the clerk] may be forced to assign out of
his own goods for the use of the church to which the bene
fice belongs, as much as hath been received since the void-
ance thereof: next came the present constitution of Otho
bon, which he thought sufficient against evils past and to
come ; for in one case he decrees the institutions to be null
ipso jure, in another case he lays an oath on the person to be
instituted, and in case of perjury deprives him of all benefices
which he had, or might have had ; and suspends the bishops
acting against this from collating of benefices, till they revoke

* [Constitutiones domini Johnnnis Wigorn. n. ii. iii. et iv. et MS. Eliens.

Peckham Cantuar. Archiepiscopi editte n. 235.]

ibidem iii. kal. Aug, Anno Dom. f [in Tholosano, \V., " Tolletano,"

MCCLXXIX. et regni regis Edwardi pri- "Wig. MS.]

mi vii. Ex MS. Digby Badlej. n. 170. J [quani in Remensi Concilio, W.]

et Cotton. Otho. A. 15. et reg. Giftard. § [See above, p. 160, notes *, §.]

A. D. 1279.] PECKHAM'S CONSTITUTIONS. 253

the institution made contrary to this constitution. Yet there
has been no good effect of all these provisions laboured with
so much zeal and diligence : for there are some who by right
and wrong accumulate benefices, as if nothing of this sort had
been done by those who were before us. And [the bishops]
themselves, not fearing the penalties of this constitution, nor
others contained in the canons, confer innumerable benefices
on such as have no dispensations : all which has been often
told the chief pontiff, who with the utmost abhorrence of it
enjoined us with the lively oracle of his own voice to obviate
this evil with a speedy reformation, and to coerce such pre-
sumers with all possible severity. And though our metropo-
litical power be sufficient to suppress all these evils ; yet we
affecting to proceed with lenity rather than rigour (though
we cannot dissemble the perverseness of these doings, the
mischief and scandal that attends it, and the cry that is
come to the ears of our superiors of a crime that so much
sullies the beauty of the Church) : since the criminals are
many, and example is necessary, and the authority of the
apostolical precept incites us, having invoked the divine
assistance which is now with us, we set our helping hand to
this affair, decreeing according to the form of the ageneral
council, that all those benefices with cure obtained by them
de factOj who have no dispensation from the apostolical see
for such plurality, become vacant ipso jure by the reception
of the last benefice which they took. And though according
to the rigour of the constitution of the lord Othobon, he that
so receives several benefices be deprived of the Mast too, be
cause the institution is decreed to be null ipso jure ; yet we
taking care not to add rigour to rigour, and having an eye
both to the constitution of the general council and of the
lord Othobon, neither of which deprives a man both of
those which he had before obtained and of the last too ;
(for the general council only takes away those before ob
tained, yet reserves the last ; but the constitution of Othobon
decrees the institution to the last benefices to be ipso jure
null, yet does cnot ipso jure deprive him of one before ob
tained) ; we, mingling mercy with severity, do permit that he
who has several benefices with cure, without apostolical dis
pensation, be content with that which he obtained last, ac-

254 PECKHAM'S CONSTITUTIONS [A. D. 1279.

cording to the tenor of the general council ; unless he rashly
contend to retain that benefice which he had before ; in which
case we judge him unworthy both of the first and last, or
of that which he took between the one and the other, and of
any at all ; and that they be rather ipso jure vacant. And we
sentence him to be perpetually deprived of all, so far as he in
fact keeps them in possession. And we reserve to ourselves
the collation of such benefices made void in manner aforesaid,
and devolved to us by the neglect of prelates and chapters :
and we especially reserve to the chief pontiff the right of col
lating to those benefices, which have been so long vacant by
the like neglect, and are devolved to his see, as being his
minister in this respect; decreeing whatever innovations
made by any superior or inferior prelates, or any clergymen
whatever by way of collation, exchange, or presentation in
relation to the said benefices heretofore void, to be hence
forth null and of none effect. And we denounce to the said
detainers by ourselves, by our fellow bishops, and by their
confessors ; and our will is, that it be so denounced in times
coming, that they may not be promoted to the dignities of
the Church till they have purged themselves from this crime :
as that if they be promoted they cannot without danger
minister in them, nor be saved in the day of judgment, nor
can they at present receive penance to their own profit, till
they have renounced the benefices of which they keep pos
session. And let them make the satisfaction, if they can, for
the fruits of the church consumed by them, since they are
invaders, not pastors, robbers and deceivers of wretched souls,
whom they can neither bind nor loose. We also decree those
confessors, who in giving penance to such clerks do not enjoin
them to restore the fruits of the injured churches, or to make
satisfaction for them, to be unskilful and deceivers of the souls
of such clerks. dAnd we inhibit them under pain of excom
munication from extending their hands for the absolution of
such clerks as are contumacious in detaining such benefices.
Therefore cutting off this cancerous ulcer with the sword of
anathema, we decree and confirm it with a perpetual sta
bility, that whoever for the future shall accept or obtain
several benefices with cure of souls by institution, or title of
commend am ; or one by institution, another by commendam

A. D. 1279.] AT READING. 255

without dispensation from the apostolical see, be deprived of
all benefices so obtained, and ipso facto excommunicated, and
not receive the grace of absolution but from us or our suc
cessors, or from the apostolical see ; except [they be held] in
that manner, which the e constitution of Gregory, published
in the council of Lyons, permits. And that we may have
notice of benefices becoming vacant by this or any other
means, we enjoin and command you, my dearest brethren,
in virtue of obedience, that by yourselves, your officials, arch
deacons, or deans, ye cause to be written down the names and
number of churches and rectors, with their names and sir-
names ; so that a true account may be had of the persons,
and the time of their collations, by what title they hold them,
whether by institution or commendam, of what age the rec
tors who detain such churches are, in what order, whether
they are beneficed in more than one church ; whether they
are dispensed with for plurality ; who are their patrons, and
what their names; of what value every church is, according
to the f Norwich taxation : and let the bishop of every diocese
transmit instruments clearly containing all these particulars
to us in the city of London on the octaves of St. Hilary, at
which time and place, by the favour of the most High, we
shall again be assembled to His praise. And they may justly
fear to be punished as falsaries, who shall commit any fraud
in the account before enjoined to be given to us, either by
concealing any thing necessary for our information, or by
mingling any falsity with it, (which far be it from you,) or by
using any artifice whereby the full truth and knowledge of
the premisses may not come to usg.

a Later, counc. A.D. 1216. 19. c. de multa*. Decretal., lib. iii. tit. 5.
c. 28.

b This is to be understood of a clerk who had not only one, but two be
nefices at least before he took his last ; for the bishop collating to the last
is to enquire whether he that is to be collated have more parsonages or
benefices with cure : these words do not affect him who had but one bene
fice before : it is Lyndwood's observation. And in truth Archbishop Peck-
ham's constitutions are not accurately worded, though he had been auditor
of causes in the pope's palace. But though Othobon's constitution makes
mention of benefices (as does also Ordinarii, c. iii. tit. 16. lib. 1. Sext.) in the

* [Concilia, torn. xxii. col. 1005.]

256

[A.D. 1279.

plural number, yet the Lateran council does not : therefore Lyndwood is
too hard on Archbishop Peckham here.

c Certainly, if the Lateran council under Innocent deprives the clerk of
his benefices before obtained, of which there can be no doubt, so does Otho-
bon too, for he expressly enforces the Lateran council.

d It is strange that Lyndwood should deny that this archbishop ever de
clared those excommunicated Avho absolved pluralists by any provincial
constitution : he does expressly say that excommunication was not decreed
against them in the constitution, Benejicia vero, immediately following Au-
divistis. Now this is the very constitution meant by Lyndwood beginning
at Beneficia vero, but in this translation, 'And we reserve to ourselves.' For
Lyndwood took this to be a distinct constitution from the foregoing, see
Lyndwood, pag. 339, at the word dudum, and there can be no doubt but
such confessors are here declared excommunicate.

e That is, to no one unless a priest, but one benefice, and but for six
months, and upon condition it be for the good of the Church to be so
holden. Council at Lyons, A.D. 1273*.

f In the year 1254 the pope granted three years' tenth to King Henry
the Third of all the spiritualities in England, and made Walter, bishop of
Norwich, taxor. This taxation was a precedent for others till 1291, when
a new one was made.

6 Look back to the last note.

2. That the constitution made in the council of Lyons may
be entirely observed both as to the words and sense, the chief
pontiff hath decreed, as we also decree, that benefices held in
commendam in any other manner, or obtained under a cover
of commendam for any longer time than the said constitution
of Gregory permits ; as also those that are held under pretence
of custody, (which the said pope esteems not to differ from
h commendam,) in another manner, or for a longer time than
the said constitution allows, as also such as are collated to
men under twenty-five years of age, unless they have a Dis
pensation or some lawful cause, are vacant ipso jure. And
we reserve to ourselves, and to the archbishop's see, the colla
tion of such benefices as are devolved to us and it, through
the negligence of prelates and chapters, decreeing whatever
innovations, &c., as in the first decree, after the reservation of
benefices long vacant to the see of Rome.

h Therefore I have omitted the word custody in the foregoing constitu
tion when distinguished from commendam.

* [Constitutiones, Greg. P. X. in cone. Lugd. II. A. D. 1274, saucitse c. xiv.
Concilia, torn. xxiv. col. 91.]

A. D. 1279.] AT READING. 257

1 Boniface VIIL, in his decretal, (Sext., lib. i. tit. 6. c. 34, ) complains
that the constitution of Lyons which forbade men to accept a benefice
while under twenty-five years of age. discouraged many from entering
into orders ; because in many places they had no means of subsisting
themselves in the schools, but by the help of parochial or other benefices ;
therefore Boniface allows a subdeacon to take a benefice, and grants him
seven years to qualify himself for the orders of deacon and priest, by the
dispensation or permission of his superior.

3. Since an unknown evil cannot be avoided, and there [Lynd.,
are many sentences of excommunication with which wicked p* 353*J
men are smitten in the councils of the fathers ; lest through
ignorance men fall into this ditch, we charge all priests of
the province of Canterbury, that on the Lord's day immedi
ately after every rural chapter, they explain to the people
the following sentences of excommunication. 1. Let all be
excommunicated by the authority of the k council of Oxford,
holden by Stephen of holy memory, archbishop of Canter
bury, who maliciously deprive churches of their right, and
infringe or disturb their liberties contrary to justice; by
which we are given to understand that all are excommuni
cated !who obtain letters from any lay-court to obstruct
ecclesiastics in such causes, as by the sacred canons belong
to the ecclesiastical court. 2. Let all be excommunicated [3. W.]
who injuriously disturb the peace of our lord the king, and
the kingdom, and unjustly endeavour to detain the rights of
our lord the king, by which we understand not only such as
raise wars, but all public robbers and highwaymen, and such
as rashly oppose the justice of the kingdom. 3. All those [2. W.]
who give false testimony, or cause it to be given, or produce
such testimony to obstruct lawful marriage, or to procure
any one to be disinherited. 4. All advocates who maliciously
obstruct true marriage from taking effect by any objections ;
or who procure ecclesiastical causes to hang long in suspense
in any case whatsoever contrary to justice. 5. All those
who for lucre, ill will, or favour, maliciously m charge with
crimes such as have preserved their reputation with the good
and grave, that 'so they may be enjoined a purgation or
otherwise aggrieved. 6. All those who in the vacancy of a
church maliciously oppose, or cause to be opposed, the in
quest concerning the right of patronage, in order to defeat

258 PECKHAM'S CONSTITUTIONS [A.n. ri79.

the true patron of the collation, for that turn at least.
7. All who [videl~\ maliciously neglect to execute the man
date of our lord the king for taking up excommunicates,
or who hinder their being taken, or unjustly procure their
enlargement contrary to the decree of ecclesiastical disci
pline. 8. All those who take any thing for obstructing
peace between parties that are at law, till they restore what
was taken to the giver, are excommunicated by the council
of Othobon of holy memory*. 9. As are also [vide1] who take
away, consume, or injuriously lay their hands on any thing
that belongs to the houses, manors, granges, or other places
of archbishops, bishops, or other ecclesiastical persons, con
trary to the will of them, or their stewards : nor can they be
absolved from this sentence till they have made competent
satisfaction for the wrong. 10. They are excommunicated
by him who by violence drag away one who being a criminal,
flies to a church, churchyard, or cloister, or who hinder
him from necessary victuals, or who carry away, or cause to
be carried by violence, things belonging to other men de
posited in those places; or who justify the carrying away of
such things by taking it upon themselves, though done by
others of their family, or who publicly or privately advised or
consented to it. 11. They are excommunicated by all the
archbishops, and bishops in England, who transgress the great
charter of our lord the king, which sentence has often been
confirmed by the apostolical see.

k See constitution 1. of Stephen Langton, 1222.

1 Archbishop Peckham was obliged to revoke the first, seventh, and
ninth article of these sentences, as appears by the following memorial
published in Latin by Prynne, Ryley, and Brady f. " Memorandum, that
the venerable father John, archbishop of Canterbury, came before the king
and his council in the king's parliament at Michaelmas, in the seventh
year of the king's reign, at Westminster, and did declare and grant, that
of the statutes, provisions, and declarations, which were published by him
at Reading, in the month of August, in the same year, among certain sen
tences of excommunication which the said archbishop there published, 1 .
That that clause in the first sentence of excommunication be blotted out
and esteemed as null, which makes mention of such as obtain the king's
letters to obstruct proceedings in causes, which by the sacred canons

* [See above, A.D. 1268. 27. p. 239.] Pleadings in Parliament, App., p. 442.
t [Prynne's Records, vol. iii. p. ed. Lond. 1661. Brady's Hist, of Eng-
235, 6. ed. London, 1668. Ryley's land, App., p. 33. ed. Lond. 1700.]

A. D. 1279.] AT READING. 259

[belong to the ecclesiastical court.] 2. That the king's ministers be not
excommunicated, though they do not obey the king's mandate in not tak
ing up excommunicates. 3. As to such as invade the manors of clergy
men, that the punishment assigned by the king be sufficient in that case.
4. That he forbid not the selling of victuals to the archbishop of York, or
to any other coming to the king. 5. That Magna Charta be taken off
from the doors of churches. He also declares and grants that no preju
dice be done for the future either to the king, or to his heirs, or to his
kingdom of England by means of the other articles contained in the coun
cil of Reading *.

It is evident, that at this time King Edward I. opposed not only the
claims of the Church, but the liberties of England ; and it is well known
how hardly he was afterward brought to confirm the Magna Charta,
and would have defeated his confirmation of it by reserves and salvos :
yet he does in effect reinforce all these heads of excommunication. Const.
10, at Lambeth, 1281. And Archbishop Chichley renewed these excom
munications 1434. It ought particularly to be observed, that when all
the barons and great men of the king's council and parliament sided with
the king against Magna Charta, yet Archbishop Peckham put this Magna
Charta on the church doors, and did not consent to the pulling of it
down, till he saw the council and parliament, as well as the king, averse
to this his bold attempt.

[The fourth point retracted by Archbishop Peckham was the excommu- [Addenda.]
nication passed by him against all those of his province who sold victuals
to the archbishop of York in his journey to London to attend the king in
his council or parliament. Our archbishops seem to have dropped the
use of summoning him of York to councils, and of obliging him to come
to Canterbury to be consecrated, and there to profess his obedience. But
still, it was not allowed that the archbishop of York should have his cross
borne up in state before him within this province : and while he did this,
Archbishop Peckham forbid, under pain of excommunication, any people
of this province to sell him victuals.]

Who charge men with crimes, by which they may be defamed among
the good and grave, says Lyndwood's copy.

nYe have heard, dear brethren, and fellow bishops, the
articles by which the sentence of excommunication is in
curred ipso facto, by the councils of the sacred fathers; there
are other articles by which bishops and prelates are ipso
facto suspended by the same councils, sometimes from their
episcopal habits, sometimes from their office, sometimes from
the power of collating ; and we fear lest some of you have
fallen into [the censures of] these constitutions and that
you have celebrated and performed your offices while under

* [Wilkins, vol. ii. p. 40. " Revoca- rot. claus. 7 Edw. I. m. 1. dorso. Pryn.
Hones provisionum Concilii Reding. Ex vol. iii. p. 235. sen."]

260 PECKHAM'S CONSTITUTIONS [A. 1x1279.

these bonds, and have incurred an irregularity in this respect.
But whatever has been done by you in times past, we exhort
you on God's part, and enjoin you in virtue of obedience,
that for the future ye religiously observe and cause to be
observed the statutes of the said councils, and our statutes
published in the beginning of this promulgation ; lest ye bring
on yourselves the anger of God, and canonical vengeance.
And lest any should be excused by ignorance, we will that
this following method be observed in relation to all things
that have been ordained in this congregation. Do ye, my
brethren, and fellow bishops, cause all these to be published
by yourselves, or by your archdeacons in your synods. And
cause the constitutions of lord Othobon concerning the
0 general baptization at Easter and Pentecost, and the p ex
tracts from the four councils mentioned in the beginning of
our session in relation to divers articles on which the sen
tence of excommunication is incurred ipso facto, to be pub
lished in every church, great or small, on the four Sundays
Qnext after the four principal chapters. But let the consti
tution of the lord Othobon against concubinaries be pub
lished in the four principal rural chapters, the laity being
first dismissed. We charge that what has been ordained or
added to the said councils by us be read twice every year in
the ears of all at the two general chapters of every arch
deaconry. And we command the charter of our lord the
king, concerning the liberties granted to the Church, and
kingdom, to be fixed up in some public place within
every cathedral and collegiate church, fairly and plainly
written, that it may be open to the eyes of all that come in :
and let it be renewed at the end of the year, on the eve of
Easter or Pentecost ; that the old copy being taken away, a
new one fairly written may be put in its place.

n This paragraph is not in Lyndwood *.

0 See constitution of Othobon, 1, 1268.

p It seems plain that these words refer to something said by the arch
bishop at the opening of the synod, not extant in any of our present
copies : the present beginning seems abrupt, and supposes all Othobon's
constitutions down to the twenty-ninth to have been read before it was
spoken.

q The last constitution but one in Lyndwood is attributed to this arch-

* [It is in Wilkins as well as Spelman and the Oxford copy.]

A. D. 1279.] AT READING. 261

bishop, and is said to be a part of this constitution, and orders the general
excommunication to be published on the Sunday next after Michaelmas,
and Midlent Sunday, Trinity Sunday, and Sunday after Lammas, with
candles lighted, &c., yet this was before Pope Benedictus's bull for ob
serving the feast of the Holy Trinity *.

4. We think fit to explain what is provided in rthis present [Lynd.,
constitution t concerning reserving of children to be baptized p'
till the general baptization at Easter and Pentecost, out of
our regard to that statute, which seems to have been hitherto
neglected, viz., that children born within eight days before
Easter, and as many before Pentecost, be reserved to be bap
tized at those times, if it may be done without danger; so
that they receive s catechism between the time of their birth
and their being thus perfectly baptized, and that nothing but
Hhe immersion remain to be performed on the day of baptism.
'But let children born at other times of the year be baptized
"according to the old custom, either presently as they are
born or afterwards at the discretion of their parents; not
only on account of the danger of sudden death, in which
children are liable, but for the simplicity of their parents,
who are apt to mistake in the form of baptism without
taking notice of their error {.

r It is evident this constitution was published immediately after reading
Othobon's first constitution. Lyndwood modifies the words so as to make
them serve his purpose the better ; but the two other copies represent the
words as here translated.

8 That is, the interrogatories, dost thou renounce, believe, &c. Lynd
wood adds the exorcisms and all that precedes the act of baptization.

1 Lyndwood here prefers immersion before other modes of baptizing ;
but seems to suppose it sufficient that one drop of water falling' on the l [rend
baptized from the hand of the baptizer ; and that when St. Peter baptized fallO
three thousand, he sprinkled water on many of them together : and he
thinks it sufficient in such a case to say once for all, " I baptize you in the
name of," &c. It appears that in that age, when the child was like to die

* [Benedict XIII. was not chosen baptism! sint faciliter erraturi, absque

pope till A.D. 1394. See Wheatley ulla offensionis nota, juxta vetustam

on Common Prayer, p. 243, note 31. consuetudinem, vel incontinent! cum

ed. Oxon. 1819. Compare above, A.D. nati fuerint, vel postea prout plaouerit

1268. 35. p. 248.] ipsis parentibus, baptizentur. Quod si

f [in praesenti constitutione, W., in forte contigerit pueros propter mortis

constitutione Othoboni, Lynd.] periculum a laicis baptizari, caveant

'% [Alii autem, qui aliis anni tern- sacerdotes, ne baptismum legitime fac-

poribus nati extiterint, turn propter turn audeant iterare. W. Spelman has

mortis periculum, quod saspe pueris nearly the same ; Johnson's translation

imminet improvisum, turn propter sim- agrees with Lyndwood's text.]
plicitatem parentum, qui circa formam

262

[A.D. 1-279.

in the birth, the b^ead, or foot (if that first appeared) was baptized : yet
Lyndwood advises, that if the child afterwards obtained a perfect birth, it
should be hypothetically baptized again for greater caution. But if the
foot only was baptized, the child was by this qualified to lie in holy
ground, as it might not otherwise do.

u By the priest : this supplement seems necessary to render the last
clause more intelligible.

[Lymi., 5, Because incontineney is a lamentable disgrace to the
clergy, and a common scandal, we charge the x statute of the
lord Othobon against concubinaries to be rigidly, inviolably
observed, 'and lest such should be excused by that ignorance
and forgetfulness which this vice occasions, we charge all
y archdeacons, in virtue of obedience, and under pain of sus
pension from office and benefice, which we pass against them
in case they are wilfully negligent in this point, that they
cause the said constitution distinctly and openly to be re
hearsed in the four principal rural chapters every year by
themselves, or their officials, or the deans, or their deputies,
the laymen being first dismissed*. And our will is that the
rehearsal be looked upon as a monition ; that so when the
sentence of deprivation, passed against them in the said con
stitution, is executed upon them, they may not have to plead
that they have not been monished. And if any one ma
liciously hinder the rehearsal of the said statute, let him be
under the sentence of excommunication ipso facto. If any
zdean or his deputy neglect to rehearse these statutes, let
him fast every Friday in bread and water (unless infirmity
prevent) in virtue of obedience, till he has caused it to be
rehearsed in the next chapter.

* See const, of Othobon, 8, 12G8.

y Bishops, Lyndwood, but it is known that archdeacons were the pre
sidents of the quarterly chapters, therefore I follow the two other copies.

' * [Johnson's translation agrees with vel gerentes eorum vices distincte et

Wilkins's text. The text and gloss of aperte coram toto capitulo exclusis lai-

Lyndwood are as below, cis recitari. — Provinciate, lib. i. tit. 2.

Omnibusque et singulis coepiscopis p. 10 — 15.

suffraganeis nostris in virtute obedi- Per se. Si forsan prassentes sint :

entiae, et sub posna suspensionis ab alias autem sufficiet, ut per suas literas

officio et beneficio quam in ipsos feri- fieri prascipiant, vel per nuntiuin, ut

mus, si sponte circa hoc fuerint negli- in regtila juris, qui sic facit per alium

gentes, firmiter injungendo mandamus, lib. 6. praesertim cum non deceat sta-

quatenus constitutionem pwedictam fa- turn pontificalem in singulis capitulis

ciant in quatuor anni principalibus ca- hujusmodi personality' interesse. Ibid.,

pitulis ruralibus, per se vel eorum offi- p. H-.J
ciales, vel saltern per decanos rurales,

A. D. 1279.] AT READING. 263

1 The Oxford copy here adds archdeacon*, and it is probably the
genuine text.

6. Whereas the consecration of the chrism is annually to [Lynd., p.
be performed by the bishop of every place according to the p 24-5PP
sanctions of the sacred canons, and the chrism aconsecrated wjlkins,
by them annually is annually to be delivered to the faithful, p. 48 fO
and what remains of the old chrism to be burnt in the
church; let the priests who preside in the churches be
bound to fetch the chrism for every church every year from
the bishops of the places b before the feast of Easter, or as
soon as may be, by themselves or by their deacons or sub-
deacons, so that if any one attempt to cbaptize_, or to anoint
the baptized on the crown of the head, with any other chrism
but the new given him by the bishop, (unless in case of im
minent death,) he manifestly passes a sentence of damnation
against himself; yet some through gross ignorance, which
borders upon craft or a spirit of contumacy, disobeying the
canons in this respect, (which is not far distant from the sin
of idolatry, and witchcraft,) reserve the old chrism for two or
three years, and damnably abuse it in baptism, and d other
sacrifices, neither receiving nor asking new annually of the
bishops. We strictly forbid this for the future under pain
of Suspension, which we pass on the contumacious trans
gressors. fAnd the same we take to be understood in a
sound sense of the holy oil of the catechumens.

8 See De Consecrat., dist. iii. c. 18, which contains a decree attributed
to Pope Fabian, A.D. 420, lo this purpose. Sir II. Spelman has not this
and the following canons ; and it seems plain that they were made in
some other council of this archbishop. But since I find no certainty of
the time and place, I have therefore posted them, as the Oxford copy
does.

b The chrism is to be consecrated on Maundy Thursday : it is strange
that two such solemn days as the following should be appointed for this
purpose J.

c Some of the chrism was to be put into the water in the baptismal font.

d Lyndwood owns he knows not what is here meant by other sacrifices.

e This must be understood, as all other penal laws, in the modest sense,
therefore I should suppose it meant of suspension from office or benefice ;
but Lyndwood says the least suspension is that from entrance into the

* [Not in Spelman, Wilkins, or leg. Baliol. Oxon. ]. 3."]
Lyndwood.] J [See in vol. i. A.D. 957. 37. p.

f [<( Statuta qiicedam Jolianms Peck- 403, n. *.]
ham, Cant. Archiepiscopi. Ex MS. col-

264 PECKHAM'S CONSTITUTIONS [A.D. 1279.

church, which I should have judged the hardest of all ; as being the
punishment of laymen, and implying in effect a suspension from office.

f This is not the style of a legislator, especially of such an one as Arch
bishop Peckham, but rather the annotation of a lawyer. Lyndwood owns
at the word subdeacon, that he who goes to fetch the chrism must have
three bottles, one for the chrism, a second for the oil of the catechumens,
(with which the party before baptism was anointed on the breast and be
tween the shoulders,) and the oil for the sick.

[Lynd., 7. We charge that for the future the most worthy sacra
ment of the eucharist be so kept 'that a Btabernacle be made
in every church with a decent enclosure* according to the
greatness of the cure and the value of the church, in which
the Lord's body may be laid, not in a purse or bag, but in a
fair pyx lined with the whitest linen, so that it may be put
in and taken out without any hazard of breaking it : and we
charge that the venerable sacrament be renewed every Lord's
day, and that priests who are negligent in keeping of the
eucharist be punished according to the hrule of the general
council; and if they persist in their negligence, more se-

[p. 249.] verelyf- We decree also that this sacrament be carried
with due reverence to the sick, the priest having on his sur
plice and stole, with a light in a lantern before him, and a
bell to excite the people to due reverence, who are discreetly
to be informed by the priest that they prostrate themselves,
or at least make humble adoration, wheresoever the King of
glory is carried 'under the cover of bread J. And let arch
deacons be very solicitous in this point, that they may ob
tain remission of their sins : and let them with the rigour of
discipline chastise those whom they find negligent in this
respect.

B It seems probable that this tabernacle with its enclosure might be
the same with the canopy, in which Lyndwood describes the sacrament
hanging, according to the custom of England, over the altars. He ex
pressly prefers the then practice of the Hollanders, and Portuguese, which

' * [ut in qualibet ecclesia parochial! cherrima intrinsecus lino candidissimo

fiat tabernaculum, cum clausura de- adornata, in qua ipsum corpus Domini

cens et honestum. Lynd.] repositum in aliquo cooperticulo de

f [Johnson's translation agrees with serico, purpura vel lino purissimo

Lyndwood's text except as already operiri praBcipimus, ita quod sine ornni

noted; the following is Wilkins's text. comminutionis periculo possit inde fa-

Dignissimum eucharistiae sacramen- ciliter extrahi et apponi ; quod etiam

turn praecipimus de caetero taliter cus- sacramentum in omni quindena, ne pu-

todiri, ut videlicet in bursa vel loculo trescat species, innovetur. )
propter comminutionis periculum mil- J [sub panis latibulo, Lynd. W.]

latenus doliocetur, sed in pixide pul-

A.D. 1279.

AT READING. 265

was to lock it up in some close place in the wall near the altar. He owns
one advantage in the English fashion, that it was the more visible and
exposed to adoration. Every sober Christian for that reason would wish
it in some more private less conspicuous place, for the prevention of
idolatry : his other reason is good, viz., that by hanging as it did, it was
in greater danger of falling, or being thrown down, or taken away by any
profane chance-comer.

h That is, by suspension from office for three months. See Later, council,
1216, c. 20*. It adds, that they shall be more grievously punished if pro
fanation happen through their neglect.

i By this one would think that the constitutor allowed that the sub
stance of bread remained : but it is certain he very often expresses himself
in an unaccurate manner, as the reader will observe in the translation,
which is not less exact than the original.

8. We know that praying for the dead is holy and whole- [Lynd.,
some, especially for those who watch that they may give p'
account of other men, to which others therefore are more
strongly bound in gratitude : therefore we ordain that when
any bishop of the province of Canterbury dies, his surviving
brethren perform a k solemn office of the dead, not only in
their own chapels singly, but when they are assembled after
the decease of any bishop or bishops in council or otherwise
for the service of the Church ^ jointly. 'Farther we charge,
and in virtue of obedience enjoin every priest as well secular
as regular, that when they have certain information of the
death of their diocesan they say every one a mass for the
expiation of his sinsf. Farther we entreat all exempt reli
gious priests, and seculars too, if there be any such, that they
freely comply with this ordinance, (saving the privileges of
their exemption in other respects,) or at least do by their
own authority ordain it to be observed. They are to know
that we will thank them for their good will, and shall lament
to find them otherwise disposed. m Let them inform us in
our next congregation what they resolve to do in this
matter {.

* [Concil., torn. xxii. col. 1007.] ipsum extunc a celebratione suspen-

't [praecipientes insuper, et in vir- dimus divinorum, W. Johnson's trans-

tute obedientiae firmiter injungendo, ut lation agrees with Lyndwood's text,

singuli sacerdotes tarn seculares quam Com p. in vol. i. A.D. 816. 10. p. 306.]

regulares missas dicant singulas, cum J [Quid autem super hoc facere de-

a dicecesano eis fuerit veritas intimata creverint exempli, nohis in congrega-

pro ipsius anima a peccati maculis tione nostra futura proxima studeant

expianda, et si quis hujus ordinatio- nunciare, W. Johuson inserted the

nis per mensem contemptor extiterit, sentence from Lynd. app., p. 25.]

266 PECKHAM'S CONSTITUTIONS

[A.D. 1279.

k With singing, Lyndwood.

1 I should understand this of what Morinus calls concelebration of
masses, (de Ordinat., pars iii. p. 126*,) that is, the whole council or col
lege of bishops joining in pronouncing all the words of the service, or the
bishop and his priests in the diocesan synod saying or singing mass in
the same manner. However it is certain this method was used in some
churches if not in this. The bishop and his priests used thus to celebrate
together in the cathedral on the most solemn feasts. And this explains
the canons of those churches which forbid Christmas, Easter, &c., to be
celebrated in villages. For on these occasions the people that were able,
as well as priests, went to the cathedral, or to some collegiate church.

m Lyndwood omits this.

[Lynd., 9. Since it is wholesomely ordained that prelates in grant-
3o>-' ing indulgences do not exceed forty days, lest the keys of
the Church be despised : let others who are commissioned to
"dispense this mystical treasure beware lest they disgrace
those prelates by whose favour they obtain those multiplica
tions of indulgences, by pouring them out in their preach
ings beyond the [intentions of those] prelates ; that they
who ought to be subject to the keys do not bring them
into contemptf-

u By c. 62 of the Lateran council, 1216 J, which is, I conceive, here
meant, one or more bishops may grant a year's indulgence toward the
erecting of a church, forty days' to encourage the observation of the an
niversary of the dedication. These indulgences themselves, and espe
cially the abuse of them by the friars, were not only groundless and
abominable, but perfectly ridiculous. Archbishop Peckham, who had
been a friar, and therefore probably employed in publishing and raising
money by them, was conscious of the foulness of this practice, and saw
occasion to say that " the keys of the Church were by this means brought
into contempt." Yet it pleased Divine Providence to permit them to go
on in their impious frauds, till Martin Luther above two hundred years
after began a reformation by displaying the vileness of this invention.
The council of Trent was ashamed of the gross trade, and laid aside the
preaching of these indulgences. And the things themselves are now little
valued even by the papists themselves,

* [Cpmmentarius de sacris Eccle- tias a praelatorum gratia sibi quaesitas

size ordinationibus, auct. Joanne Mo- dedecus faciant prselatis ecclesise super

rino. Pars iii. Exercit. viii. c. 1. p. ipsos in suis praedicationibus indul»en-

121, &c. Antw. 1685.] tias offendendo, ne qui claves habeant"

f [Item cum salubriter sit statutum subjici eas faciant vilipendio. W.

ut praelati in indulgentiis conferendis The concluding words in Lynd. and

xl. dierum numerum non excedant, ne Lynd. app. stand thus :

claves ecclesiae contemnantur, quibus — effundendo, ne qui clavibus habeant

tamen thesaurus institutus commit- subjici, eas faciant vilipendi.j

titur dispensandus ; caveant alii qui- J [Concilia, torn. xxii. col. 1049,

cunque ne per multiplicatus indulgen- 10-51.]

A.I). 1279.] AT READING. 2G7

10. Let not clerks that are in prison for their crimes, and [Lynd.,
afterwards delivered to the Church as convicts, be easily en- p' '
larged, or admitted to purgation upon too slight pretences ;
°but with all Psolemnity of the law, and with such provident
deliberation as that it may not offend the king's majesty, or

any that have a regard to equity*.

0 It is from this and other evidences very clear that clerks convicted
by the temporal courts were not taken to be convicted in the ecclesiastical
court, but might have another trial before the ordinary : and it is evident
by what Lyndwood here speaks at large, that canonists expected the
secular judge should always credit the ecclesiastical court, but that the
ecclesiastical court was not bound to credit the secular, unless it were for
the advantage of the Church. This was very hard : and the reverse of it
is now put upon them.

p That is, by giving public notice of it beforehand, Lyndwood.

11. For the mercies of Christ Jesus let care be taken that
friars and nuns rigidly preserve their chastity, by punishing
all that solicit or actually corrupt it; and by restraining
them from making too long stays in the houses of their
parents or friends. 'And we forbid ecclesiastic men and
secular women to dwell with them in their houses f.

12. Observing that what grows upon sacred places is [Wilkins,
sacred, and that laymen have no power by law to dispose of vo\y'-\
sacred ecclesiastical things, but are under a necessity of obe
dience ; being supported with the q authority of the sacred
canons, we forbid all parishioners of our province to dispose

of the grass, trees, or roots growing in consecrated church
yards or any other holy places. But let the said trees, as
they ought, be at the disposal of the rectors of the said
churches or chapels to whom the disposal of the churches
and the obventions thereof are granted. 'And if the said
rectors do without sufficient reasonable cause r spoil or grub
up the said trees, which are an ornament to the church-

* [The next paragraph is before this last mentioned constitution in Wilkins
in Wilkins, where this is followed by is the same as that given below, p. 302,
' Item praecipimus, ut in proxima con- and on the same subject as that of
gregatione nostra,' as in Johnson's con- Archbishop Gray, A.D. 1251, 1. Corn-
eluding paragraph, and then by a long pare A.D. 1305, 4.]
passage including Johnson's twelfth 'f [This last sentence which John-
constitution, and entitled, ' De orna- son translates as in Lynd. app. (p. 25,)
mentis ecclesiae ad parochianos perti- is not in Wilkins, (vol. ii. p. 48,) but in-
nentibus, et de arboribus crexcentibus stead of it the words, "inhibendo mo-
in coemeterio :' the first part of the nasteriis seoulariiun foeminarum."]

268 PECKHAM'S CONSTITUTIONS [A. D. 1279

yards and places thereabouts*, let them know that they
shall be punished by us and our successors as violators of
the rights and liberties of the Church, according to the
quality of the fact.

q He means all those canons which forbid one man to invade what
belongs to another, and laymen to deprive the Church of her rights.
N.B. We have this constitution only in the Oxford copy, and then it
follows after the conclusion of the council. I took the liberty to place
it here.

r Lat. deturpaverint. I am apt to think it was originally destirpave-
rint, which, as opposed to extirpaverint, may signify to fell or cut down.
For canonists, as well as other lawyers, have words of their own making.

And we charge that at our next congregation at the time
of the next parliament, three weeks after Michaelmas now (by
God's grace) coming, besides the persons of the bishops, and
the proxies of such as may be absent, two at least elected by
the clergy of every bishopric do come with sufficient authority
to treat with us concerning such things as may be for the
common interest of the Church of England, if a proposal
should be made concerning a Contribution or expensef.

8 I read contributions, not conturb

It is asserted by some that are well versed in manuscripts that this last
paragraph is in none of the ancient copies ; and that the parochial clergy
were not yet called to parochial J synods : and it has been conjectured that
this paragraph was a resolve of the state convocation held at Northamp
ton, 1283, with regard to their next assembly at the Temple, London.

The following constitution having been made at the same
time and place, I here insert as translated from the copy
published by the very accurate hand of his grace the

* [Quibus si abusi fuerint dicti lorum qui auctoritatem habeant una

rectores, et arbores in hujusmodi cres- nobiscum tractare de his, quas ecclesiae

centes ccemeteriis(quae quidem arbores et communi utilitati expediunt Angli-

coemeteria ipsa et loca juxta ecclesias canae, etiamsi de contributione aliqua

et capellas, ubi plantatse fuerint, non vel expensis oportet fieri mentionem,

modicum condecorant) absque sum- etc. Wilkins, vol. ii. p. 49.]
cienti et rationabili causa evulserint, J [This word is altered by MS. note

deturpaverint, seu radicitus extirpave- Wrangham to 'provincial,' which the

rint. Wilkins, vol. ii. p. 49.] context seems to require, but a pro-

f [Item prsecipimus, ut in proxima vincial assembly was properly a coun-

congregatione nostra tempore parlia- cil, and a synod meant an assembly of

menti proximi post festum S.Michaelis the diocese or parish, as the bishop's

ad tres hebdomadas per Dei gratiam district was anciently called. See

futura, praeter personas episcoporum et Lyndwood, Provinciale, lib. ii. tit. 7.

procuratores absentium, veniant duo p. 1 1 5. gl. In Concilia. — Concilio. — Sta-

aut unus a clero episcopatuum singu- tutum. quoted below, A.D. 1328. 6.]

A. D. 1279.] AT READING. 269

present lord archbishop of Canterbury, in Append, to the
State of the Church, p. 12 *.

A protection of the liberties of the scholars at Oxford
by the archbishop of Canterbury.

13. Friar John, by divine miseration archbishop of Can- [Wilkins,
terbury, primate of all England, to his beloved in Christ the p0^. j
chancellor and university of masters and scholars at Oxford,
in the diocese of Lincoln, health, grace, and benediction.
We shew all possible favour to them who are seeking the
pearl of knowledge in the field of scholastic discipline, and
willingly grant them what may advance their tranquillity by
taking away the occasion of their grievances. Therefore
moved by your devout prayers we receive under our protec
tion your persons, together with all the goods belonging to
you all, which you at present do by fair means possess, or
which ye shall hereafter by God's help justly get. But
especially we, with the unanimous express consent of our
brethren, do by the authority of these presents, and by the
patronage of this present writing, confirm to you and to your
successors by you, the liberties and immunities duly granted
you by bishops, kings, great men, and other faithful people
of Christ, according as ye do now justly and fairly enjoy
them. Farther, because we are given to understand that
some men, regardless of their own salvation, when they have
been laid under a sentence of suspension or excommunica
tion for their offences committed in the university of Oxford,
by the chancellor of the university, or by inferior judges
deputed by him, ' or by the said chancellor together with
the whole university of regents only, and sometimes both of
regents and non-regents J, they withdraw from you and your
jurisdiction in contempt of the keys of the Church; now to
the intent that [the said sentences] may have their full force
and strength, we, with the express unanimous consent of our

* [The State of the Church and mulgata in Concilia Redingensi. Ex

Clergy of England in their Councils, reg. Giffard, Wigorn. fol. 92, 93."]
&c., with a large appendix of original / J [vel per ipsum cancellarium una

writs and other instruments, hy William cum tota universitate, quandoque so-

Wake, D.D., A.D. 1703.] lorum regentium et non regentium,

f [" Qutedam tuitio libertatum scho- W.]
hirium Oxon. per Archiepisc. Cant, pro-

270 PECKHAM'S CONSTITUTIONS AT READING. [A.I). 1279.

brethren, do grant to you by the tenor of these presents,
that [the said sentences] be put in full execution within our
province by ourselves, our brethren, and their officials, as
often as we or our brethren are lawfully required by you in
this respect. And being willing further to make a more
plentiful provision for your tranquillity, that your commu
nity for the future may be conducted in prosperity and
peace, we grant to you, and with the express unanimous
consent of our brethren we ordain and enact, that if any
clerks beneficed in our province be found in arms by night
or by day to the disturbance of [your] peace, or by any
other means interrupting the tranquillity of the university,
and are lawfully and duly convicted hereof, or do presump
tively confess it by their running away, that their benefices
be sequestered in the hands of their prelates for three years
upon an information made to the bishops by the chancellor
under the common seal of the university ; and that lawful
satisfaction be made to him or them that have been hurt by
the party so convicted, confessing, or running away, out of
the fruits of such benefices in the meantime to be received.
But if they are unbeneficed, let them for five years be es
teemed uncapable of accepting any ecclesiastical benefice,
unless in the meantime they make competent satisfaction to
them whom they have hurt, and have by merit recovered the
grace of the university with a saving to their reputation after
satisfaction made. In testimony of all which our seal, toge
ther with the seals of our brethren here present, is appendent
to this writing. Dated in our council at Reading the day
before the calends of August, in the year of grace 1279.

Cantuar., Lincoln., Sarum, Winton., Exon., Cicestern.,
Wygorn.t Bathon., Landaven., Her ef or dens., Norwy-
cen., Bangoren., Roffens.*

* [This memorandum of subscribing or consenting parties is in Arcbbishop
Wake's State of the Church, App., p. 13, but not in Wilkins.]

A.D. MCCLXXXI.

ARCHBISHOP PECKHAM'S CONSTITUTIONS AT LAMBETH.

HERE begin the constitutions of Friar John Peckham, LATIN.
archbishop of Canterbury, published at Lambeth A.D. 1281, spre^an
in the ninth year of the reign of King Edward the First, vol. ii.
Martin the Second, alias the Fourth, being chief pontiff. [Lyni,

The orthodox fathers from the very infancy of the Church A pp., p. 26.

J J V\ilkms,

nave encountered errors, corruptions, and calamities by con- vol. ii.
ciliary treaties, where wise and holy men give an edge to each p' 51 *'-'
other, and get the mind of Christ, who is in the midst of them
when so assembled : therefore following the holy fathers, and
driven by the authority of the law, and the necessity of the
Church, we, Friar John, by divine permission archbishop of
Canterbury, primate of all England, have commanded this holy
council to be called, hoping to remedy the present inconveni-
encies by the effectual assistance of our brethren the bishops,
and other the prelates of our province, under the protection
of the grace of Christ. We intend by the preventing grace
of the Spirit, by our consultations and endeavours, to correct
some transgressors of the canons ; to re-establish some things
that have formerly been published for the curing our evils,
and yet not been so approved as to be put in practice; to
obviate some innovations, or rather transgressions, now ex
haling from the infernal pit. And in these points we fear
not the teeth of detraction ; for though the most perfect laws
of God have certain limits j yet necessity will allow no bounds
to be set to human law ; therefore both testaments teach the
contempt of law and canons to be monstrously criminal : for

* [" Constitutiones Johannis Peckham MS. Lambeth, n. 17. et Elien. n. 235.

Archiepiscopi Cantuariensis editce in et MS. Oxon Mariae Mag. colleg.

f-oncilio Lambethensi, A.D. MCCLXXXI. n. 185." Wilkins remarks that the

et regni regis Edwardi primi ix. Ex proem is not in the Oxford MS.]
MS. Cotton. Otho. A 15. collat. cum

272 PECKHAM'S CONSTITUTIONS [A. D. 1281.

such as resist the apostolical decrees and the definitions of
councils, the sword of Moses strikes with a capital punish
ment; and Wisdom incarnate has decreed that those who
hear not the Church be as heathens and publicans, and that
the contempt of apostolical authority redounds to the con
tempt of Him that is Father of all. For they whom Peter
binds with his laws are bound in the imperial heavenly palace.
Yet we find some, both clerks and laymen, who boast them
selves Christians, do cast away the yoke of the canons, trample
upon apostolical sanctions, forgetting that glorious martyr
Thomas our patriarch, who in defence of these laws suffered
banishment and death.

By the authority of the aLateran council we will cause the
canons to be rehearsed. And we will cause the b council of
Lyons to be recited in the first place, as being the last of all ;
and therefore the violation of it the more enormous ; not only
that it may be notified to all, that no man's ignorance may
be his excuse; but that the apostolical clemency may be im
plored for the moderating of whatever may seem inconsistent
with the custom of this country, which differs in many points
[1 Sam. from all others, "for obedience is better than sacrifice;" and
we believe disobedience to be the cause of this miserable catas
trophe in the Church of England. Secondly, we will cause
the constitutions of lord Othobon of holy memory (after
wards advanced to the apostolical dignity*) to be read, and
that with the greater reverence, on the account of his having
commanded this to be done yearly, word for word, by the
archbishops and bishops in their synods. Thirdly, we will
cause the council of Lambeth, which our predecessor Boni
face of holy memory, with the archbishops and bishops of his
time, is known to have published, to be read, that it may be
considered how we ought to proceed in relation to that which
is said to have been suspended by an appeal. Lastly, we will
add what seems necessary to be ordained by us.

' By c. 6. of the Lat. council, 121 6 f. The canons especially of that
council are ordered to be read in every provincial synod : but it does not
appear that they were read here.

b There were two councils held at Lyons in this century, and both styled

* [The words in a parenthesis are note f.]
not in Wilkins, but see above, p. 249, f [Concilia, toin. xxii. col. 991.]

A. D. 1281.] AT LAMBETH. 273

general, the first in 1245*, the other 1274 f. I suppose the last is here
meant.

1. The most High hath created a medicine for the body of
man (which was taken out of the earth) reposited in seven
vessels, that is, in the seven sacraments of the Church, which
are handled and dispensed with little reverence and diligence,
as our own eyes inform us. Here then let us begin our cor
rection, and especially in the sacrament of our Lord's body,
which is a sacrament and a sacrifice of a sacrament, sanc
tifying those who eat it ; and a sacrifice, which by its oblation
is profitable for all in whose behalf it is made, as well the
living as the dead. By daily scandals we find that there are
many priests of the Lord in number, few in merit. "We
chiefly lament this among their damnable neglects, that they
are irreverent in respect to this sacrament ; that they conse
crate it with accursed tongues, reposit, and keep it with con
tempt ; and neglect to change it so long that the containing
species is corrupted ; so that the Author of our salvation, who
gave Himself for a viaticum to His Church, is justly offended
with such irreverence; we ordain as a remedy to this mis- [Lynd.,
chief, that every priest that hath not a canonical excuse, 'do p' 231'^
consecrate once every week at least, and that a tabernacle,
§r., as in the seventh of this archbishop's constitutions at
Reading, to the word " Lord's day;];." cLet the bells be tolled
at the elevation of the Body of Christ, that the people who
have not leisure daily to be present at mass, may wherever
they are, in houses, or fields, bow their knees in order to the
having the indulgences granted by many bishops. 'And let
priests who are negligent in keeping the eucharist, fyc., as in
constitution the seventh at Reading to the end§. dLet priests [p. 8.]

* [Concilia, torn, xxiii. col. 605, word Johnson translates 'conficiat,' the

seq.] reading of Lynd. app., which is pre-

f [Ibid., torn. xxiv. col. 37, seq.] ferred to ' confiteatur ' by Lyndwood,

'J [confiteatur omni hebdomada sal- Provinciale, lib. iii. tit. 23. p. 232. gl.

tern semel ; et ut in qualibet ecclesia Conficiat.~\

parochiali fiat tabernaculum cum clau- ' § [Sacerdotes autem in custodia

sura decens ut honestum, secundum eucharistiae negligentes puniri praeci-

curse magnitudinem, et ecclesiae facul- pimus secundum regulam concilii ge-

tates, in quo ipsum corpus Domini in neralis capitulo " statuimus" et gravius

pyxide pulcherrima, et lineis tegu- si in negligentia perseverent. Circa

mentis, sed nullatenus in loculo prop- deportationem vero ipsius eucharistiae

ter comminutionis devitandum pericu- ad aegros servetur honestas alias et alibi

him collocetur ; quod in omni dominica constituta. W.]
praecipimus renovari. W. In the first

JOHNSON. rp

274 PECKHAM'S CONSTITUTIONS [A.D.I 281.

also take care when they give the holy communion at Easter,
or at any other time, to the simple, diligently to instruct them
that the Body and Blood of our Lord is given to them at
once under the species of bread ; nay, the whole living and
true Christ, who is entirely under the species of the sacra
ment. And let them at the same time Instruct them, that
what at the same time is given them to drink is fnot the
sacrament, but mere wine to be drunk for the more easy
swallowing of the sacrament which they have taken. For it
is allowed in such g small churches to none but them that
celebrate to receive the Blood under the species of conse
crated wine. Let them also direct them not overmuch to
grind the sacrament with their teeth, but to swallow it en
tirely after they have a little chewed it ; lest it happen that
some small particle stick between their teeth, or some where
[Lynd., else. Let parish priests beware that they give not the Body
P. 232.] of the Lor(i to any tkat have not evidence of their having
confessed by testimonial, or other credible assurance: and
we lay the stress of the proof upon the hoath of him that is
to receive [the sacrament] *, who is to take care of what con
cerns his salvation. 'Let no priest give the communion to
the parishioner of another priest without his manifest licence.
We extend not this ordinance to travellers, or persons in
danger, or in case of necessity.

8 Now the doctrine of transubstantiation was brought to its perfect
height, and the practice consequent upon it established.

d The reader is not to surmise that these constitutions being in both
these councils are therefore interpolated in one of them. It seems plain
that Archbishop Peckham inserted them in both,.as appears from his manner
of reinforcing the last part of the seventh canon at Reading in this council
at Lambeth, which is thus, " as to the carrying the eucharist to the sick, let
that decency be observed which was ordained at another time and place."

e This was frank and fair. I am informed that the Romish priests in
England did no longer ago than the reigns of King Charles and James the
Second, continue this practice of giving unconsecrated wine to the people,
without cautioning them in the manner here prescribed, and that an old
woman of that communion did swear that a priest of the Romish Church,
then dead, did always administer the cup as well as the host to the people :

* Et hujusmodi certificationis onus cationis onus ipsi suscepturo iraponi-
ipsius susceptoris irnponimus sacra- mus sacramentum, W.
mento, Lynd. MS. O. et hujus certifi-

A. D. 1281.] AT LAMBETH. 275

whereupon the plaintiff, who sued for an estate in lands given him by deed
by the said popish priest carried his cause at the assizes in Kent. For
the judge and jury agreed, that if he did give the cup, he could not be a
popish priest, and might therefore inherit and dispose of lands ; but at
another trial at the same place it was made appear that the cup given by
the said priest contained only unconsecrated wine, and that it was the
usual practice of such priests here to give an unconsecrated draught to
the people, and so the estate went to the heir at law.

f What is the reason, says Lyndwood, that the laity have the sacrament
but in one kind? He answers, 1. Because otherwise they might believe,
that the whole Christ was not contained under one species. 2. Lest the
blood should be spilt. 3. Because under the law the people that offered
did not partake of the drink offering. (No, nor yet the priests, say the
Rabbies, and all who believe the drink offering to have been wholly poured
out on the altar.) 4. Because it would not be decent to consecrate so
much wine as would be necessary in some parishes, where there are many
thousands of people, nor could a vessel sufficiently large be found, or placed
on the altar*. These are the best reasons that Bishop Lyndwood could
invent to excuse so gross a sacrilege.

8 Therefore, as Lyndwood observes, in greater churches it might be al
lowed ; yet only to the assisting priests in cathedral and other great
churches where such a custom is, and if they have in the cup a sufficient
quantity. However, I think it evident that the cup was not yet wholly
and absolutely denied the laity in Archbishop Peckham's days, though
it was in Lyndwood's ; however, it was not wholly denied to the assisting
priests, as has been for several ages pastf.

h Their affirmation is sufficient, says Lyndwood j.

1 This constitution is of little force, says Lyndwood, for want of a
penalty.

2. Let all priests beware that they do not so oblige [Lynd.,
themselves to celebrate peculiar masses for families, as to p> 228>]
disable themselves from discharging their canonical office in
the church committed to them ; nor undertake to celebrate
kannals for the dead, except they can celebrate daily, or
procure others to do it; nor undertake more annals than
they have priests to assist them; unless he who procures
these devotions for the dead do expressly consent that the
memory of his deceased friend may be joined with others in
the same mass. And let not the celebrating priest think

* [Provinciale, lib. i. tit. 1. p. 9. gl. tis se esse confessum. Sed hoc quod

Vinum purum.~\ hie dicitur intellige quando sacerdos

f [See Lyndwood's important state- habet eum probabiliter suspectum ; quo

nients at length, ibid., p. 9, 10, gl. casu potest ab eo exigere juramentum.

Minoribus:ecclesiis—Estconcessum.~\ Lyndwood, gl. lib. iii. tit. 23. p.

% [Sacramento, i. e. juramento .... 233.]
Credendum est nudae assertion! dicen-

276 PECKHAM'S CONSTITUTIONS [A. D. 1281,

that by saying one mass he does what is sufficient for two,
in behalf of whom he promised entirely to celebrate ; 'for
though the 'canon say that " not less [benefit] is received
when a mass is said for many, than if it were said for every
one singly/' this is to be understood of masses said with
a reluctancy of mind* : and far be it from any catholic to
say that one mass is as effectual for a thousand men, as a
thousand masses said with equal devotion : for though Christ,
as a sacrifice, is of infinite virtue, yet He does not operate in
the sacrament, or sacrifice, according to His immense pleni
tude ; for then but one mass need be said for one man. He
operates in these mysteries by a certain distribution of His
1 [ineffa- plenitude, annexed to them by an ineffable l law. And we
infalUbSid'' monish tnem wno nave accepted of stipends for celebrating
w.] annals, or m anniversaries, and yet through malice, or care

lessness, do not perform their obligations, that they make
full satisfaction for their omissions; and give to the poor
such profits as they have received in behalf of those souls,
and if they wilfully neglect both the one and the other, "let
them be sharply corrected by their ordinaries, as deceivers of
the faithful.

k Daily masses for the dead throughout one whole year.

1 That is, de Consecratione. Dist. 5. c. 24. It is a citation from a book
falsely ascribed to St. Jerome de Regul. Monach.

m Lyndwood expressly says, they are the same with annals f.

' Lyndwood says, the money received for this purpose could not be de
manded again, unless there was an express contract to this effect.

[Lynd., 3. We find some have transgressed as to the sacrament of

p. 244.] Baptism. For whereas it is allowed to laymen or women to

baptize children in case of inevitable necessity, and such

Baptism is evidently sufficient to salvation, if the due form

be observed ; and they who have been so baptized, ought not

* [Licet enim dicat " de con. di. V., seer. di. V. ut. pro cunctis. Absit. Wil-

non mediocriter" capitulum, quod ni- kins, vol. ii. p. 52. note b.
hil minus accipitur cum missa una Lyndwood' s text nearly agrees with

pro cunctis dicitur, quam si pro uno- that of Wilkins first given, but has

quoque eorum una diceretur ; loquitur " cum missa pro defunctis pluribus una

tantum de his missis, quae anxiato dicitur, quam si pro uno quolibet ip-

corde dicuntur. sorutn diceretur." Cf. Provinciale, p.

MS. L. et E, addit: sc. quod minus 229.]

valet una missa cum hilaritate orantis f [Cf. Provinciale, p. 228, g\.AnnaIia.

dicta pro uno, quam si pro quolibet di- p. 230, gl. Annalibus — Anniversariis.]
ceretur cum anxietate. H. glo. de con-

A. D. 1281.] AT LAMBETH. 277

to be baptized again; and yet some foolish priests do re-
baptize them, which is an indignity to the sacrament ; now
we firmly forbid this for the future. But let the exorcisms
and catechisms be used over children so baptized, in reve
rence to the ordinances of the Church. But the form of the
sacrament in the vulgar tongue consists not only in the
signs, but in the series of the words in which it was insti
tuted by God ; inasmuch as Christ the Lord hath conferred
a regenerative power to those words so ranged as they are in
the Latin tongue : let then the baptizers say thus, °J d)ttSt£ll

in tbe name of tl)e jfatjjer, anfc of tfje §bon, anfc of tfie

{)OSt*. And if the priest doubt whether the child
was baptized in due form, let him observe the manner in the
P decretal, together with the exorcisms and catechism, say
ing, " If thou art baptized, I do not rebaptizef thee, if thou art
not baptized, I baptize thee in the name of," &c. Let priests
take care that names which carry a lascivious sound be not
given to children at their baptism, especially to those of the
female sex ; if they be, let them be altered by the bishops
at q confirmation.

0 In Sir H. Spelman's copy, which seems to be the older English, it
goes thus, £cf) pristine fyt in tf)t Jfatftrs name, with an &c., and it is
much the same in the Oxford copy.

p Lib. iii. tit. 42. c. 2. It is a decretal of Alex. III. A.D. 1175.

q Of old the bishop at confirmation pronounced the name of every
child or person confirmed by him, and if he did not approve of the name,
or the person himself or his friends desired it to be altered, it might be
done by the bishop's pronouncing a new name upon his ministering this
rite, and the common law allowed of the alteration. But upon the review
of the liturgy at King Charles's restoration the office of Confirmation is
altered as to this point. For now the bishop does not pronounce the
name of the person confirmed, and therefore cannot alter it.

4. Many neglect the sacrament of confirmation for want [Lynd.

p. 40.]

* [Dicitur ergo sic a taliter bapti- In the text of Lyndwood, Oxon. A.D.

zantibus ; (Dicatur ergo a sic baptizan- 1679, the English and French versions

tibus, Lynd.) " Ich1 cristin the in the of the formula seem to have been cor-

faderes name," &c., vel aliter in lingua rected according to the spelling usual

materna secundum patriae consuetudi- at the time of that edition, though in

nein. Vel in Gallico sic; "Je 8bap- the appendix (p. 27) the older forms are

tize tey en noun del peere," &c. W. given.]

1 y crysten the in the name of the fadyr, and _t [non rebaptizo, Lynd., but Wil-
the sone, and the holy goost. MSS. L. E. kins has ' non baptizo,' as in Decretal.,

2 jeo vous baptize ou noun del pere, &c. \fa jj. fa 42. c. 2.]
MS. O.

278 PECKHAM'S CONSTITUTIONS [A.D. 1281.

of watchful advisers ; so that there are many, innumerable
many, who want the grace of confirmation, though grown
old in evil days. To cure this damnable neglect, we ordain
that none be admitted to the Sacrament of the Lord's Body
and Blood that is not confirmed, except at the point of
death, unless he have a reasonable impediment.

[Lynd., 5. Whereas according to theological* doctors the clerical
p. 309.] armv is fortified with seven orders, by every one of which a
character is impressed on the soul, and an increase of grace
is received, unless the ordained dissemble or are involved in
some crime ; it is expedient that no man have orders ''incul
cated on him, because the inculcation lessens the reverence,
and by consequence the grace which bounds back from
graceless men. It is therefore contrary to the dignity of the
most reverend sacrament to confer s five orders to one man at
once, that is, four unsacred, one sacred : therefore in some
provinces the four lesser orders are not easily given to one
man in the same day ; that so clerks while they are advanc
ing toward the mysteries of Christ may sing together the
'song of degrees, when having found approbation in lower
offices, they gradually proceed to higher. Because therefore
we ought to make collections of what is best in every church
for English souls, we charge that bishops in these respects
follow the canonical sanctions ; ' and let the lesser orders also
be given at several times, when it can well be done, out of
reverence to the sacrament. And let such as receive them
singly or conjointly f be publicly instructed in the vulgar
tongue, concerning the distinction of orders, offices and
characters, and of the increase of grace in every order to
such as are worthy receivers.

* [Catholicos, W. theologos, MSS. Reverentia. Quae tune habetur, quan-

L.E. So Lyndwood adding in his gloss, do sigillatim recipiuntur.
Theologos. Quasi omnes. Provinciale, Combinati. Scilicet duo una vice, et

lib. v. tit. 11. p. 309.] postea duo alia vice. Sed hoc quod hie

'f [Minores etiain ordines, quando id dicitur non est de necessitate, sed po-

potest fieri, bono modo, pro sacramenti tius de honestate.

reverentia seu necessitate dentur saltern Simul. Ex hac litera patet, quod sta-

aliquoties combinati, et recipientes eos, tuens non intendebat prohibere per bane

seu simul, seu sigillatim, Lyndwood, constitutionem, quin omnes minores

text and appendix, S. W. ordines possent uni personae eodem die

Among other glosses Lyndwood adds conferri. Provinciale, lib. v. tit. 11. p.

the following ; 310. Cf. ibid. Canonicas sanctiones.^

Bono modo, \. e. Absque scandalo.

A. D. 1281.] AT LAMBETH. 279

r That is, multiplied, or given in too great numbers at once.

* Ostiary, lector, exorcist, acolyth, are those of the inferior orders ; sub-
deacon, deacon, priest, are the holy or superior orders *. The psalmist was
of no order, but was shaved in order to be ordained, and was a clerk in a
large sense. Morin. de Ordin. has a particular chapter against this inno
vation f . The bishop was by the school divines deemed to be of the same
order with the priest, though he was above him in office or jurisdiction.
But the canonists scarce allowed of this, but affirmed the order of bishops
and priests to be distinct.

* Fifteen psalms, beginning at the hundred and twentieth, but the allu
sion seems not very apt.

6. The sacrament of penance, which is a singular remedy [Lynd.,
for such as have been cast away, loses its effects through p' '-"
the ignorance of some priests, and they who were thought to
be safe landed are but sunk deeper in the abyss of damna
tion, while they absolve those whom by law they cannot ab
solve, and so according to the prophet, " save the souls alive [Ezek.
who should not live, for a handful of barley and a piece X1
of bread :" they absolve de facto such as are excommunicate
de jure, and particularly by the "council of Oxford for hurt
ing or disturbing ecclesiastical liberty, or such like crimes,
or for withholding tithes or other ecclesiastical dues ; we,
opposing such seducers of souls who "sew pillows under the [v. 18.]
elbows of the wicked," strictly forbid all confessors subject to
us, and our fellow bishops of the province of Canterbury,
to stretch out their hands for the future to absolve these
seducers J (which is of no force without due satisfaction
made, and without a special commission from the archbishop
or bishop) while they are obstinate in their crimes. 'For we
judge such men to be xconfossors of the devil's ditches rather
than confessors, and that they sin very grievously §, for they
are guilty of consenting, tacitly at least, to their crimes, and
of confirming the villains in their perfidiousness : and let them
take care lest they be involved in the same sentence of ex
communication. Farther, whereas we some time since, intend
ing to restrain plurality of benefices so sacrilegiously prac-

* [See in vol. i. Elfric's canons, '§ [existimantes nihilominus hujus-
A.D. 957. 10 — 18.] modi non tarn confessores, quam fove-

f [See rather, Hallier de Ordin., p. arum diabolicarum confossores, peccare

378. ed. Par. 1636.] gravissime, W. So Spelman and Lynd.

I [ad seducendos hujusmodi, Lynd. app., except 'diaboli' for ' diabolica-

W. Hujusmodi. Sc. Excommunicates. rum.']
Lynd. gl., p. 338.]

PECKHAM'S CONSTITUTIONS [A.D. 1281.

tised, forbad under pain of excommunication any man to
y extend his hands for the absolving de facto of such as were
contumacious in their thefts and sacrileges ; and yet some
priests of Baal rather than of the Lord have presumed to do
it, and so slay souls redeemed with the Blood of Christ, and
subvert ecclesiastical discipline ; we, esteeming them as foxes
who destroy the vineyard of the Lord, do again charge them
under the former penalty, that for the future they abstain
from absolving such as these; and that they earnestly per
suade them to renounce the benefices thus unlawfully gotten
and retained : else let them know that they are certainly to
[Lynd., be smitten with the divine malediction. 'Farther, there are
some who, under pretence of general privileges obtained from
the apostolical see, intrude themselves to hearing the con
fessions of such as are subject to bishops in contempt of
episcopal authority, without asking the bishops consent, con
trary to the apostolical intention. For the repressing of
these men's presumption, we forbid z under pain of excom
munication that any one for the future, without the express
or reasonably presumed licence of the bishop, do presume to
hear the confessions of his subjects, unless he be exempt as
to the point of hearing confessions from the ordinary juris
diction, both diocesan and metropolitical, by the express
tenor of his privilege. Let the transgressors be proceeded
against as rash usurpers, and abusers of privileges*.

u See the constit. of Stephen Langton, Lyndwood. He would rather
have said of Boniface, if he had not known that his constitutions were not
received f.

* This jingle is lost in the last edition of Lyndwood, but it stands clear
in Sir H. Spelman and the Oxford copy. Yet Lyndwood affirms that
curates may absolve in any case not expressly reserved in the canon, but
it is from the lesser excommunication only, which he supposes may be in
curred ipso facto, as when a man converses with one excommunicate with
the greater excommunication t.

y By this phrase, used here and elsewhere in the constitutions of Arch
bishop Peckham,, one would think that imposition of hands on penitents
was still in use. See also Lynd wood's gloss here§.

'* [In this paragraph the copies of f [See above, A.D. 1222, 1, and

Lyndwood (text and appendix) Spel- 1261, 9.]

man and Wilkins vary chiefly as to the J [Cf. Provinciale, lib. v. tit. 16. p.

order of some of the words, and are all 338, gl. Non tenere.~]
to the same effect as Johnson's transla- § [Ibid., gl. Manus.~\

tion. ]

A.D. 1281.] AT LAMBETH. 281

1 This seems to be a mere gasconade, for the offenders in this point were
friars who were exempt from the jurisdiction of archbishops and bishops.
N.B. Lyndwood's present text is faulty in this last part of the constitu
tion, and indeed for the most part ; I here follow the Oxford copy. Sir
H. Spelman is the worst of the three.

7. Whereas according to the sacred canons greater sins, [Lynd.,
such as murders*,, incest, and the like, which by their scan- p'
dal raise a clamour in a whole city, are to be chastised with
a solemn penance ; yet such penance seems buried in ob
livion through the negligence of some, and the boldness of
such criminals thereby increased. Therefore we charge that
such solemn penance be for the future imposed according to
the canonical sanctions. And we reserve absolution from
wilful murder, whether public or private, to the bishops
only, except in case of necessity. By which we intend to
curb the boldness of inferiors, and not lessen the reverence
of superiors.

a Lyndwood and other canonists mention three sorts of penance, 1, pri
vate, enjoined by any priest in hearing confessions ; 2, public, enjoined
by the priest for any notorious crime, either with or without the bishop's
licence, according to the custom of the country ; 3, solemn penance, which
can be enjoined by the bishop only f, and continued for two, three, or more
years : but in latter ages for how many years soever the penance was in
flicted it was performed in Lent only : at the beginning of every Lent
during these years the offender was formally turned out of the church, the
first year by the bishop, and the following year by the bishop or priest ; on
every Maunday Thursday the offender was reconciled and absolved, and
received the Sacrament on Easter-day, and on any other day till Low-
Sunday : this was done either by bishop or priest. But the last final re
conciliation or absolution could be passed regularly by none but the bishop,
and it is observable, that even down to Lyndwood's time there was a notion
prevailed that this solemn penance could be done but once : if any man
relapsed after such penance he was to be thrust into a monastery, or was
not owned by the Church ; or however ought not to be owned according
to the strictness of the canon, though there is reason to apprehend that it
was often otherwise in fact. And indeed this solemn penance was so rare
in this age, that all said on this subject was rather theory than practice,
except perhaps in case of heresy.

* [Not in any of the copies except enormia. — Provinciale, p. 3-39.]
Lynd. app. (p. 28), but implied in f [See the three sorts of penance, so-
all, as appears by Lyndwood's gloss: lemn, public, and private, more exactly
Similia. Ut puta, Homicidium. 50. di. described, Provinciale, p. 339, gl. Sotenni
placuit. Item sacrilegium ethujusmodi pcenitentia, p. 340, gl. Imponatur.~\

282 PECKHAM'S CONSTITUTIONS [A.D. mi.

[Lynd., 8. Though it hath been long since ordained by the bholy
p. 340.] fathers, that there be in every deanery one rector or vicar of
sufficient learning, eminent in grace, and of laudable reputa
tion, appointed to hear the confessions of the rectors, vicars,
and cother priests and d ministers of the Church; and to en
join penances, that he may be as it were a molten sea, accord -
1 [rfefeand] ing to the emblems of the typical temple; and1 yet this has
not been practised by the clergy ; whereby God hath been
injured, and the ministrations of sacraments and celebrations
of masses have been made execrations : therefore we, renew
ing the said ordinance, do charge that it be inviolably ob
served for the future ; not intending hereby to inhibit the
said persons from going to other e common penitentiaries for
the sacrament of penance, if they please, so that they be sure
of their being duly authorized.

b Lyndwood supposes the fifth constitution of Otto and the nineteenth
of Stephen Langton here to be meant *.

0 If this be understood of parish priests (that is, temporary vicars) or
any assisting priests, says Lyndwood, they are in this respect to submit to
the principal curate, whether he be rector or vicar ; and the vicar to the
rector, if the latter have cure of souls : see Corb. 5. 1127.

d I know not what these constitutions mean, says Lyndwood, in speaking
of confessors, to such as are subject to the curates of the churches, and
who ought to receive the sacraments, and particularly penance, from the
said curates, unless you will understand them of cases reserved to the
bishop.

e That is, penitentiaries assigned by the bishop to hear all confessions
of such crimes as are reserved to his hearing, and that both for the clergy
and laity ; whereas the penitentiaries meant to be established in this con
stitution were for the clergy only.

[p. i.] 9. The ignorance of priestsf plunges the people into error;

and the stupidness of clerks who are commanded to instruct
the faithful in the catholic faith does rather mislead than
teach them. Some who preach to others do not visit the
places which most of all want light; as the prophet says,
"fThe little ones asked bread, and there was no man to
break it to them ;" and another cries, " The poor and needy

* [Lyndwood also refers to the con- f [This is also found among Arch-

stitution of Archbishop Walter, Provin- bishop Nevill's constitutions. See be-

ciale, p. 335, as parallel to the above. low, A.D. 1466; Spelinan, vol. ii. p.

See below, A.D. 1322. 10.] 700; Wilkins, vol. iii. p. 599.]

A. D. 1281.] AT LAMBETH. 283

seek water, their tongue is dry for thirst." As a remedy for
these mischiefs we ordain and enjoin that every priest who
presides over a people do four times in the year, that is, once
a quarter, on some one or more solemn days, by himself or
by some other, expound to the people in the vulgar tongue,
without any fantastical affectation of subtilty, the fourteen
articles of faith, the ten commandments of the decalogue, the
two precepts of the Gospel, or of love to God and man, the
seven works of mercy, the seven capital sins, with their
progeny, the seven principal virtues, and the seven sacra
ments of grace. And that ignorance may be no man's ex- [p. 2.]
cuse, though all ministers of the Church are bound to know
them, we have here briefly summed them up. Ye are to
know then that there are seven articles of faith belonging
to the mystery of the Trinity, four of them do belong to the
Deity intrinsically, three of them to its operations. The first
is the unity of the divine essence in the indivisible Trinity
of the Three Persons, as it is said, e ' I believe in one God."

2. To believe the Father to be God unbegotten. 3. To be
lieve the Son to be God only-begotten of God. 4. To believe
the Holy Ghost to be God neither begotten nor unbegotten,
but proceeding both from Father and Son. 5. To believe
that the creation of every creature, visible and invisible, is
from the entire indivisible Trinity. 6. Is the sanctification
of the Church by the Holy Ghost and by the sacraments of
grace, and by all those things in which the Christian Church
communicates together : by which we understand that the
Church by the Holy Ghost with her sacraments and laws is
sufficient for the salvation of every man, though he be a
sinner to never so great a degree, and that out of the Church
is no salvation. 7. Is the consummation of the Church in
eternal glory, both as to soul and body, which is truly to be
raised up again; and by the rule of contraries the eternal
damnation of the wicked. The other seven articles belong
to Christ's humanity. 1. Is His Incarnation, or assuming
of flesh of the glorious Virgin only, by the Holy Ghost. 2. Is
the nativity of God Incarnate from the incorrupted Virgin.

3. Is the true passion of Christ, and His dying on the cross
under the tyrant Pilate. 4. Is the descent of Christ into
Hell (for the conquering of it) as to His soul, while His

284 PECKHAM'S CONSTITUTIONS [A.D. mi.

Body rested in the grave*. 5. Is the true resurrection of
Christ. 6. Is His true ascent into heaven. 7. Is the sure

[Lynd., expectation of His coming to judgment. And there are ten
commandments of the Old Testament, three whereof respect
God and are called commandments of the first table, seven
respect man and are called those of the second table. In the
first all idolatry is forbidden, " Thou shalt have," &c. In this
is implicitly forbidden all sorcery, incantation, superstitious
characters, and such figments. In the second, " Thou shalt
not take the name," &c., principally all heresy is forbidden,
secondarily all blasphemy, and irreverent naming of God,
especially in perjury. In the third, " Remember that thou
keep," &c., the Christian worship is enjoined, to which lay
men as well as clerks are bound : and here we are to know
that the obligation to observe the legal Sabbath, according
to the form of the Old Testament, is at an end, together
with the other ceremonies in that law : to which in the
New Testament hath succeeded the custom of spending the
Lord's day, and Sother solemn days appointed by authority
of the Church in the worship of God : and the manner
of spending these days is not to be taken from the super-

[p. 57.] stition of the Jews, but from canonical institutes. The first
commandment of the second table is " to honour father and
mother." In which we are explicitly commanded to honour
our parents both in temporals and spirituals ; implicitly to
honour all men as their degree deserves. Yet not only our
carnal father and mother, but our spiritual is here under
stood, so that "father" signifies the prelate of the Church,
whether mediate or immediate. "Mother" signifies the
Church, which hath all true catholics for her sons. The
second is, " Thou shalt not kill," in which all unlawful murder
of any one by consent, word, deed, or approbation is explicitly
forbidden; implicitly all unjust hurt done to another : he kills
spiritually who does not relieve the indigent, as they do
also who detract from, oppress, or injure the innocent. The
third is, " Thou shalt not commit adultery." Here adultery is
explicitly forbidden, implicitly fornication, which is explicitly

* [Quartus est descensio Christ! ad l in anima, deest, MS. O.

inferos in ' anima, quiescente corpore 2 seu inferni« addit' MS' L'

in sepulchre, ad spoliationem tartari2, Lyndwood's text is the same as that

W. of Wilkins.]

A. D. 1281.] AT LAMBETH. 285

forbidden in Deuteronomy xxiii. 17*, and all mixture of man
and woman, unless when excused by the good [designs] of
matrimony ; as also all voluntary pollution by what means so
ever designedly procured. Fourth is, " Thou shalt not steal/'
in which is explicitly forbidden all laying of hands on what
belongs to another, without consent of the owner; implicitly
all injurious usurpation of what belongs to another, whether
by fraud, usury, violence or terror. Fifth is, "Thou shalt not
pronounce false testimony against thy brother or neighbour,"
in which it is explicitly forbidden to testify what is false to
the hurt of another ; implicitly to testify what is false for the
advantage of an unworthy man : all lies are here forbidden,
especially such as are hurtful. Sixth is, " Thou shalt not covet
the house of thy neighbour." To supply the sense, you must
say " to his wrong ;" and in this commandment is forbidden
implicitly the coveting the immoveable goods of another,
especially of a catholic. Seventh is, " Thou shalt not covet
thy neighbour's wife, nor his man-servant, nor his maid
servant," &c. where all coveting the possessions of another
is forbidden, with respect to moveables. The gospel adds [Lynd.,
two commandments to these ten, viz. the love of God, and p' ^
our neighbour. He loves God who keeps the command
ments aforesaid out of love, not out of fear of punishment.
But a man ought to love his neighbour as himself: where
the particle c as' does not import equality, but conformity, that
is, for good, and not for evil : " as thyself," that is, spiritually,
not carnally, as carnally implies somewhat vicious : " as thy
self," that is, in prosperity and adversity, in health and sick
ness. "As yourself" in respect to temporals, so as to love
every man more than all temporal abundance : " as your
self," insomuch as to love your neighbour's soul, and the
eternal salvation of it, more than your own temporal life : as
you ought J;o prefer the life of your own soul to your carnal
life : " as yourself," so as to succour every man in case of ne
cessity, as you desire to be succoured yeurself. hSix works of [p. 60.]
mercy are manifest from St. Matthew's gospel, to feed the ^^."'0X
hungry, to give drink to the thirsty, to entertain the stranger,
to clothe the naked, to visit the sick, to comfort the prisoner.

* [Johnson omits, ubi dicitur ; " Non scortator de filiis Israel." Lynd. W.]
erit meretrix de filiabus Israel, nee

286 PECKHAM'S CONSTITUTIONS [A.D. 1281.

[Tobiti. The seventh is inferred from Tobit, which is to bury the

1 7 ~1

bodies of the dead. The seven capital sins are pride, envy,
anger, 'carelessness, covetousness, gluttony, luxury. Pride
is a love of one's own excellency ; from whence springs boast
ing, ostentation, hypocrisy, schism*, and the like. Envy is
the hatred of another man's felicity, from whence comes
detraction, murmuring, dissension, perverse judgment, and
the like. Anger is a desire of revenge, and of hurt to
another, which when it rests in the heart, produces hatred,
persecution in word and deed, blows, slaughter, and the like.
Carelessness is a loathing of spiritual good, insomuch that a
man delights not in God nor divine praises, and it is at
tended with laziness, cowardice, despair, and the like. Co
vetousness is an immoderate love of plenty, whether in
moveables or immoveables, and that either in getting or
keeping them : from whence comes fraud, theft, sacrilege,
simony, and all filthy lucre. Gluttony is an immoderate
love of the pleasures of taste in eating or drinking: and
there are five ways of sinning in it, 1. As to time, when one
eats too early, too late, or too often. 2. In quality, when
delicate meats are studied. 3. In quantity, when one eats
or drinks too much, which is the vilest kind of gluttony,
when the body is made heavy, the inward or outward sense is
obstructed, or the bodily health impaired. 4. In greediness,
or voracity. 5. Niceness in cookery in order to excite a
gluttonous appetitef. Luxury ought not to be explained;
[Lynd., the stench whereof infects the common air. The principal
virtues are seven, faith, hope, and charity, which regard
God, and are called theological; 'prudence, temperance,
justice, and fortitude, which regard a man's self and his
neighbour J. It is an act of prudence to choose what is
good; of justice to do what is right; of temperance, not to
be ensnared with pleasures ; of fortitude, not to desist from
doing good on account of straits and difficulties : and these
are called cardinal, that is, principal virtues; because the
other virtues are derived from these. Of which at present

* [Sasinata. " MS. sic." W. Schis- laute nimis, ardenter, studiose." W.]

mata, Lynd.] ' j [prudentia, justitia, temperantia et

• [Johnson omits, " quod quandoque fortitude, per quas homo ad seipsum et

continetur in hoc versu ; prsepropere, ad proximum ordinatur. W.]

A. D. 1281.] AT LAMBETH. 287

we will no longer treat, because we are labouring for the
simple only. There are seven sacraments of grace, of which [Lynd.,
the prelates of the Church are dispensers, and five thereof p'
every Christian ought to receive, viz. Baptism, confirmation,
penance, eucharist in its proper season*, and extreme unc
tion : which last ought to be given to them only who seem
to be in danger of death, and to them let it, if possible, be
given while they have a sound mind and reason : and we
advise it to be given to them that are in a frenzy, or aliena
tion of mind (if they had before a due care of their salvation)
with good assurance. For we believe, and have learned by
experience, that the receiving thereof contributes to their
getting a lucid interval, or at least to their spiritual good,
that is, increase of grace, upon condition that they be sons of
predestination, how frantic soever they be. There are two
other sacraments, order and matrimony : the first is proper
for the perfect ; the other, in the times of the New Testament
to the imperfect only. And yet we believe it confers graces
(if it be contracted with a sincere mind) by its sacramental
virtue.

f Lam. iv. 4 ; Is. xli. 17.

s Here Lyndwood distinguishes solemn days instituted by authority of
the Church from the solemnities commanded by secular princes for a vic
tory obtained, or for the marriage of themselves or their children ; these
latter, he says, were called ferice repentince, and adds, that they were not
enjoined out of reverence to God, but for other reasons.

h Here Sir H. Spelman's copy passes to the general excommunications,
constitution 10, omitting what comes between, and gives the excommuni
cations imperfectly : and it is indeed a very erroneous copy throughout.

1 Accidia in Lyndwood's present copy, accedia in the Oxford copy. I
take this latter to be the true reading, and suppose it to be intended to
mean as the Greek, d/cTjSi'a, indolence, or carnal security, as our divines
often call it. I know the ecclesiastical Latins sometimes turn it mceror,
tristitia, and the Greek word may perhaps bear that sense : but I take the
former to be the most just renditions. Instead of this the modern books
of the papists in English have sloth f.

10. At the same time let the sentences passed by us and [Lynd.,

p. 51 :
cf. ibid.,

* [This limitation is not in Wilkins, f [Secuncla radix (sc. vitiorum) est p 353 1

but in the parallel part cf Archbishop accidia qua; est desidia quaedam corpo-
Nevill's constitutions the words stand ris et animse, et quasi mentis tristitia. —
thus ; eucharistia, suo tempore extrema Si/nodus Exoniensis. Wilkins, vol. ii. p.
nnctio. Wilkins, vol. iii. p. 601.] 1C4.]

288 PECKHAM'S CONSTITUTIONS [A.D. 1281.

our predecessors be published ; as for instance, they are ex
communicated by the council of Oxford who deprive churches
of their rights, and that endeavour to infringe or disturb
their liberties by malice, and contrary to justice; where three
sorts of men are excommunicate, such as take away from
churches their rights, such as infringe their liberties, such as
disturb them ; which we understand not only of the general
liberties of the whole Church, but both in regard to spirituals
and temporals*. On which account we do especially believe
them to be excommunicate who obstruct the process of ec
clesiastical causes by the kletters or laws of a lay court;
causes which so belong to the ecclesiastical court that they
cannot, and never were accustomed to be determined by a
secular judicature. 'We say this not with an intention to
apply these sentences to them only, nor to approve other
disturbances given to the ecclesiastical laws; but because
our will is, that such enemies of God and the Church be
chastised with due rigour f. Farther, by decreeing the same
sentence we charge all those to be denounced excommu
nicate, who by a false pretence of objections obstruct epis
copal and archiepiscopal process, or evade discipline.

k It is as clear as the day that this archbishop does here renew those
very articles of excommunication which he first published at Reading, and
was afterwards forced to revoke, See const. 3. 1279, and notes there. It
seems probable that the temporal barons and he were now in a better
mutual understanding than before, or that the Welsh by their hostilities
gave the king such avocations from his English affairs that he less con
cerned himself what the bishops did, or that he did not find himself in
condition to oppose the attempts made by them.

Here follow the second, third, fourth, fifth, sixth, seventh,
eighth, ninth, tenth and eleventh articles of general ex
communication contained in the third constitution of this
archbishop at Reading, as they have been before presented
to the reader with little or no variations ; then the consti
tution proceeds as follows.

* [et .sine ratione contentiose tur- spiritualibus quam de temporalibus

bantes eadem. Quod non solum intel- contra justitiam ecclesise cujuscunque.

ligimus de generalibus libertatibus uni- W.]

versalis Ecclesiae verum etiam tarn de 'f [Not in Wilkins.]

A. D. 1281.] AT LAMBETH. 289

And let archdeacons make enquiry concerning this publi
cation, and as often as they find the priests not to have pub
lished the said moral instruction, and the above written sen
tences of excommunication at the appointed times, let them
reprove them, and compel them to supply the omission by
'canonical correction.

1 That is, by a moderate suspension, says Lyndwood ; for, he says, the
archdeacon cannot lay a pecuniary punishment on the transgressor, be
cause he has no power to dispense with him*.

11. Whereas the Holy Scripture declares, that pastors are [Lynd.,
bound to feed the flocks committed to them, and the mouth p* 132'1
of the ox that treadeth out the corn is not to be muzzled ;

we ordain that rectors who do not corporally reside on their
churches, and have no vicars, do by their stewards keep hos
pitality, according to the value of the church ; so far at least,
as to relieve the extreme necessities of the poor, and that they
who travel there, and m preach the word of God, may receive
necessary food, lest the churches be justly deserted by the
preachers through the violence of their wants : for the labourer
is worthy of his meat, and no man is bound to bear arms at
his own cost.

m This constitution was made by Archbishop Peckham, in favour of his
own brethren the friars, who travelled under pretence of preaching. Lynd
wood here bears hard upon them for sauntering up and down in the parishes
where they preached, and begging the people's alms after they had received
what was sufficient at the parsonage house f.

12. Some rural deans are defamed for diabolical craft in [p. 81.]
citations contrary to the common order of law ; that is, they

sell certificates for money to fraudulent men, when no
notice of the citation is given to the party concerned, either
before making the certificate or afterwards, and so the inno
cent is condemned. For the cure of this we ordain, that no
certificate be given to any but what has first been publicly
read at high mass in the church where the party cited dwells,
or sojourns for the most part. And we add this qualification,
that the party cited have sufficient time allowed him to make

* [Cf. Lyndwood, Provinciale, lib. f [Ibid., p. 133. gl. Corporis ali-

i. tit. 10. p. 52. gl. Poena canonica. — mento.~\
Compellunt."]

JOHNSON. U

290 PECKHAM'S CONSTITUTIONS [A. D. 1281.

his appearance at the time and place appointed. And if in
some cases they are so straitened for time that there is no
room for delay, "let the certificates be given in the church,
or in some public place before witnesses, after the citation
has been first made before witnesses also ; and so that the
day and place of the citation be expressed in the certificate ;
and let no certificate be made before the citation. And
0 let rural deans be sworn every year in the bishop's synod
to do this.

n That is, for delaying the certificate till next high mass.

0 Lyndwood supposes the reason of this might be that new deans were
yearly elected ; however the canon supposes that the bishop every year
held his synod.

[Lynd., 13. pWe have considered the horrible malice of some, that

P- 76.] wheii the possessor of an ecclesiastical benefice hath been
absent at a great distance, a crafty adversary coveting what
belonged to him hath invented a lie, viz., that the absent
man is cited before the judge, and that he himself is his
proctor; and procuring the absent man to be cited in order
to defend his cause in the court, he shews his forged proxy
to some dean or superior, and tells him, " because my seal
is known to few, I desire you would put the seal of your
office to this my proxy ;" and by the wages of unrighteous
ness he obtains his request. And by virtue of this false
proxy so obtained he engages in suit with another, who
feigns himself his adversary, and carries on the fraud, till at
last he gets possession by sentence of court ; while the true
owner, whose estate is subverted, knows nothing of the
matter : desiring therefore to obviate such detestable frauds,
we forbid every dean, archdeacon, and his and every bishop's
official to put their seal to any proxy, unless it be asked
publicly in court ; (or out of court, when he that constitutes
the proctor, and is known to be in truth the principal party,
does personally request it ;) that so all fraud may be excluded.
Whatever dean, archdeacon, or his official, or bishop's official
transgresses this out of set malice, let him for three years be
suspended from office and benefice. And let the advocate,
whatever he be, who procures a false proxy to be made, be
suspended for three years from the office of advocate, and be

A. D. 1281.] AT LAMBETH. 291

incapable of an ecclesiastical benefice. And if he be mar
ried, Qor hath been rtwice married, let him be excommuni
cate ipso facto. And let what has been done by virtue of
the false proxy be esteemed as not done at all. And let the
proctor himself, who was the chief actor, be for ever repelled
from doing any s legal act. And let all of them upon con
viction be bound to the party injured in their full gains, and
to make good all the damages.

p Lyndwood calls this the fifteenth constitution.

q And for that reason be incapable of a benefice.

r Bigamus, Lat. ; that is, one that hath married a second time, or hath
married a widow, or a woman corrupted.

8 In a large sense buying, selling, letting, hiring, entering into any
society, &c., are legal acts, without which a man can scarce live. But
Lyndwood inclines to understand this of judicial acts of law for the ad
vantage of the party, and from these such transgressors are excluded *.

14. We have considered that true possessors of ecclesias- [Lynd.,
tical benefices are often turned out in our province by a p' 2 •"
diabolical fraud: for some through falseness and ambition
procure themselves to be presented to benefices by the
patrons, and obtaining clandestine inquests to be made by
deans or others, get possession of them ; and thus the de
mandant becomes possessor, and the possessor a plaintiff,
contrary to all justice. Now we, desiring to extirpate this
villany from our province, ordain that no dean, or any other
prelate, except a bishop, whose authority we lay under no
restraints by this ordinance, make 'inquest in case of a pre
sentation unless in full chapter, the possessor being first
lawfully cited, and so much time allowed him as may be suf
ficient for consulting with wise men, and providing for the
defence of his estate. And we decree that whatever is for
the future attempted contrary to this our ordinance be of no
force. And we condemn the dean or prelate that made the
clandestine inquest to satisfy all damages suffered by the
possessor, and exclude the ambitious [aggressor] for ever
from the benefice on which the attempt was made, and
suspend him from obtaining any other benefice for three
years.

* Called in the law Jure Patronatus.

* [Cf. Provinciale, p. 78, gl. Actu legitimo.'}

u2

292

[A. D. 1281.

[Lynd., 15. If He who turned the chapmen out of the temple had
finished what he began, the poor would not be defrauded by
farming contracts, which convert that to Mammon, which
was to have been applied to the bowels of Christ : for the
cure of this plague we firmly enjoin that what was whole
somely provided concerning farming in uthe council of
Oxford be observed, that is, that churches be not farmed,
but for necessary causes to be approved by the bishop ; and
we ordain, that they be let to holy and reputable ecclesias
tical persons, whom the bishops may freely coerce ; and on
condition also, that a x fat portion out of such farms be as
signed to the poor parishioners agreeable to the law at the
discretion of the bishop, which is faithfully to be distributed
among them under the testimony of four credible witnesses
of the same parish. 'And that all fictitious contracts by
which churches are farmed to laymen in the pretended per
sons, or under the name of clerks, or ^ carriers of holy water,
may be set aside *, we ordain by approbation of the sacred
council that if any clerk be discovered to be guilty of such
an artifice, he be punished according to the z statute of
Othobon of holy memory, and more severely if the prelate
think fit.

" See const, of Stephen Langton, 16 f, 1222.

Not less than a sixth part, Lyndwood J.
y See the last const, of Boniface, 1261.
' See const, of Othobon, 20, 1268.

[p. 213.] 16. We have found that many religious houses of the order
of St. aAugustine do not meet with the rest in their gene
ral chapter held every third year, according to the general
council, by reason that they formerly belonged to certain
mother churches beyond sea, (from which yet they have a
long time been separated,) by occasion of certain b ceremonies

* [Et ut ab hujusmodi firmis omnis tractus imaginarius subducatur, quia

contractus hnaginarius subducatur, quo in personis clericorum falso subpositis,

in personis clericorum falso suppositis, vel sub nomine ballivatus ecclesiae ad

vel sub nomine bajulatus, ecclesiae ad firmam laicis conceduntur ; W.]
firmam laicis conceduntur. Lynd. f [For the constitution to which

Quo. Scilicet contractu. Abp. Peckham refers, see Wilkins,

Bajulatus. Quia fingunt aquaeba- vol. i. p. 591, Concilium Oxoniense,

julum fore firmarium, cum non sit. c. 36; and above, A.D. 1222. 49, p.

Lynd., gl. Provincial, p. 153. cf. 119.]
ibid. gl. Faho suppositis. J [_Provinciale, p. 153, gl. Juri ron-

Et ut ab hujusmodi firmis omnis con- sona.']

A. D. 1281.] AT LAMBETH. 293

received by the said mother churches, by which they differ
from other houses of the same order in the province of
Canterbury : and because it is a vile part which does not
agree with its whole, we ordain that for the future all such
houses be admonished in a special manner by the bishops,
that they assemble together with the other canons in the
general chapter to treat with them in common concerning
the government and reformation of their order; with a
saving to the observance of their own ceremonies ; or if
there be any notable diversity between them and the others
as to the csubstantials of religion, let there be a general
chapter for them apart from the rest, or else let them be
compelled to do this by ecclesiastical censure.

* St. Augustin of Hippo never was the founder of any order of monks,
but there was an order that assumed his name.

b All the diversity which Lyudwood knew as to ceremonies among the
canons of St. Augustin*, was that some of them wore a linen rochet, and a
black cope over it, open before : some wear nothing but white linen, or
woollen, some a black cope over that, close, and a cross impressed on it be
fore ; some go all in white with a cross before, some go in boots like monks,
others in large shoes like seculars, and they had some difference in their
food, aud times of fasting.

0 The substantial of all the regulars, says Lyndwood, consisted in an
abdication of property, observation of chastity, and obedience. But then
he observes that the ends of their institution were very different, some for
prayer and study, as the Carthusians, some for hospitality, some for preach
ing (among which the Augustinians), some for fighting.

17. Enormous lust is so prevailing, that some without any [Lynd.,
regard to the laws and canons published to excite the chastity p< 322'-'
of nuns, commit incest and sacrilege with them ; for remedy
whereof we lay all clergymen, and laymen who practise such
filthiness, under sentence of the greater excommunication;
reserving the power of absolving them to the persons of the
bishops only, except at the point of death, at which time any
priest may absolve them ; upon condition that if they recover
they do within three months make confession to their proper
bishops, or in the vacancy of the see to the guardian of the

* [Compare the above notes of John- canonicis. — Substantialia Notabilisdi-

son with Lyndwood's statements at versitas. See also Dugdale, Monasti-

length, Provinciale, p. 213, glosses, con Anglicanum, vol. vi. p. 37 — 49.

Sancti AugustinL — Ultra mariiiis. — and Fosbrooke's British Monachism, p.

Caremoniarum. — Observantia. — Aliis 381. ed. Loud. 1817.]

294 PECKHAM'S CONSTITUTIONS [A.D. 1281.

spiritualities, or the dean of the cathedral church, under pain
of anathema.

[Lynd., 18. Many nuns, dlike Dinah, delighting in an ill habit of
wandering, frequently fall into a like, or greater scandal : now
we, consulting their salvation rather than their pleasure, to
provide against this danger, forbid any one of them under
pain of excommunication, to stay even in company with a
sister nun, much less without it in the house of her parents,
or relations, much less of others, of how great estate, dignity,
or sanctity soever they be, above three natural days for the
sake of diversion; nor above six days upon any occasion
whatsoever, except sickness; unless the bishops for some
necessary cause shall sometimes please to have it otherwise,
whose consciences we onerate in this point in respect to the
tremendous judgment. We extend not this to nuns who are

[p. 202.] forced to beg for their necessities : and some nuns are so far
deceived as that though they are of lawful age, and eof years
capable of craft, after they have lived, above a year, a monastic
life among the nuns, they think they are not professed, and
that they may return to a secular life, because they have not
received the bishop's benediction, nor made their solemn vow.
We to remove such mistakes, declare by authority of the pre
sent council, that such as have voluntarily led a regular life
in a college for above a year be deemed ipso facto professed;
so as not to be permitted to return to a secular life ; though
they are solemnly to be consecrated, or veiled by the bishop.
We give the same judgment as to monks, and all other reli
gious where there is no Canonical impediment ; that if they
have for above a year willingly worn the religious habit in a
monastery, and then rejecting it return to a secular life, they
be repelled as apostates from ecclesiastical benefices ; and be
compelled, as the law requires, to return to their monas
teries. Let archdeacons make diligent enquiry concerning
these : because we know many who have the heart of a wolf
under the fleece of a sheep.

d Lyndwood here says, that none of the English nuns that were under
the care of the diocesan, were close shut up in their houses ; though some
that were under the inspection of exempt abbots were indeed confined, as
all were to be by the canon law *.

* [Cf. Provinciate, p. 212. gl. Cum soda.]

A. D. 1281.] AT LAMBETH. 295

" Doli capaces were those of seven years old and upward : the lawful
age for professing the monastic life was, in a woman, twelve.

f Canonical impediments were want of the father's, or husband's con
sent.

19. Farther, there are many who in fact appear to be in [Lynd.,
full purpose to relinquish the secular life, and give certain p* *
gtokens of betaking themselves to a cloister, who yet by the
prevalency of the flesh return to the vomit of a secular life,

like wandering stars : for though the laws have determined
that such as these cannot desert their religious habit, but
must at least continue in a more loose state of hreligion* ;
yet some not ashamed of the infamy of apostacy, after they
have made a show of absolutely leaving the secular life, turn
from Jerusalem to Egypt : therefore we ordain that the or
dinaries diligently search after such, and reclaim them to
their former state by Withdrawing from them both their
office and benefice, if they have any, or compel them at least
to be loose regulars. If such apostates are laymen, let them
be compelled to return to the studies of their salvation by
ecclesiastical censure. We extend not this ordinance to
those with whom the see of Rome hath dispensed.

* These tokens were, renouncing a benefice or secular estate, taking the
monastic habit, attending the worship in religious houses, declaring their
intentions of chastity and obedience, making their tonsure larger than it
was before, if they were clerks ; and it is evident that this constitution was
chiefly intended against men that were in orders.

h The reader will remember that religion in this and many other canons
signifies monkery.

The constitution does not say by depriving them, says Lyndwood, be
cause they were supposed already to have renounced all benefices, viz. when
they became monks.

20. Religion is the rather to be guarded from secular [p. 167.]
employ, because devotion is obstructed when the mind by
outward cares is drawn off from the study of the one thing :
therefore it was wholesomely provided in the k council of
Lambeth that no religious of any profession whatsoever be
executors of testaments, unless it be done by the licence and

* [quin saltern in religione aliqua Laxiori. Supple, ad minus: nam
arctiori vel laxiore perpetuo maneant, arctiorem ingredi potest tails si volue-
W. Lyndwood omits ' arctiori vel,' rit, cum non inveniatur prohibitum,
but adds this gloss : Provincial, p. 306.]

298 FECKHAM S CONSTITUTIONS [ A. D. 1281.

wood, who lived within a hundred and fifty years after Peckham, could but
guess at the meaning of this expression. He says it may signify not coarse,
or sordid, behind or before : or it may, says he, imply that it shall not be
scissa vel complicate, slashed or surpled, if I mistake not, behind or be
fore. Sir H. Spelman in his Glossary supposes that the meaning is, that
it should not be like the Irish plaid*. I take it to signify not surpled,
&c., for this archbishop in his directions to the nuns of Godstow has
these words, nee etiam byrrhorum immoderantia vestes sibi faciant lati-
tudine fluctuantes f.

p The sixth part of that year's profits, says the Const, of Othobon ; and
Lyndwood does so understand the words here, and asks how this was pos
sible, since the offender is supposed to be suspended from benefice ? But I
answer, he is supposed first to have received one quarter's profit, which was
more than a sixth, and by the year we may understand the twelve months
last past, before he was suspended from benefice J.

[Lynd., 22. Whereas it is by law forbid, nhat the sons of rectors
should immediately succeed their fathers in the churches
where they ministered ; and it is certain, that if the contrary
be attempted the benefices are vacant ; we charge that pre
lates make diligent enquiry after such vacant churches, and
not delay to provide for them as the law requires ; and be
ware for the future that they admit not such to benefices by
any rtitle whatsoever; that there be no room for men to creep
into the inheritance of Him that was crucified, by hereditary
succession.

q This was, it should seem, first forbidden by Alexander the Third, pope
of Rome, after the middle of the twelfth century: there are ten rescripts
of this pope all directed to English bishops upon this head, standing all
together, Decretal., lib. i. tit. 17. c. 2 — 11. By one of these it appears
that the archbishop of York had then power granted him by that pope
to dispense in this case ; yet by a decretal of Pope Clement, iii. 1189, a
bishop's son lawfully begotten might be beneficed in his father's cathe
dral. Decretal., lib. i. tit. 17. c. 12.

r That is, collation, institution, or donation §, Lyndwood.

* [This statement seems rather to birrorum immodestia vestes sibi faciant

be taken from Du Cange, Glossarium, latitudine fluctuantes, cum hoc nihilo-

art. Byrratus. Cf. Spelm., Glossa- minus solicite servantes, quod circa talia

rium Archaeologicum, pp. 81, 2. art. in Oxoniensi concilio dudum fuerat or-

Birras.] dinatum. Cone. Brit., vol. ii. p. 38.]

f [Spelman, vol. ii. p. 327. J [See above, Const. Othobon.,

The whole passage in Wilkins stands A.D. 1268. 5. Lyndwood, Provincial,

thus: p. 121. gl. Ecclesiasticorum bonorttm.^

Circa vestimenta autem monialium § [ Ullo titulo . . . Hie vero die titu-

S. Benedicti regula solicite observetur ; him significare ut notat Archi. ubi supra,

cujus rei gratia inhibemus, ne de bur- et die, ullo titulo, sive per viam col-

neto unquam in posterum induantur, lationis, praesentationis, nominationis,

nee rugatas habeant tunicas, nee etiam sive electionis, sen postulationis, insti-

A. D. 1281.] AT LAMBETH. 299

23. In the common course of causes we have heard from [Lynd.,
many complainants that some of our fellow bishops, when p' 139'^
they admit such as are presented to vacant churches, refuse to
grant them s letters testifying what has been done : by occa
sion whereof truth often gives place to falsehood, when a dis
pute arises between the parties so presented and other men :

but we adhering to ecclesiastical rules, which take legal in
struments for evidences of fact, do ordain that every bishop
give letters patent to the clerk whom he admits to a church
testifying his admission, and specifying among other things
what orders he* has received, and by what 4 title he is ad
mitted to the benefice.

8 Letters of institution were given long before this. Yet John de Athon
in the foregoing century supposes that institution might be proved without
such letters, as Lyndwood here observes. It is probable, that the reason
why such letters were denied was, that it was forbid to receive any thing
for them.

1 See note r, as above.

24. A long sickness tires the physicians ; an infernal weed
planted by sons of perdition is not easily rooted out ; no one
did ever at once convert the whole multitude of the wicked,

but "ye shall," says God, "destroy these nations by little [See Exod.
and little." The Church of England hath been long plagued xxiii< 3Q'^
with false clerks, who for worldly glory, and out of covetous-
ness, heaping benefice upon benefice contrary to canon, and
without the pope's dispensation ; destroy souls purchased with
the blood of our Redeemer, and like thieves live an infamous
life, till being struck with the thunder of Divine indignation
(as we have seen in many) they are taken from amongst us :
we u forbade this superfetation soon after our accession, hoping
gradually to cure this plague, and that no one for the future
would involve himself in such a plurality ; and we used whole
some terrors against what was past of this sort, intending by
the help of God to bring them to effect by degrees, since the
Scripture says, " Thou mayest not destroy them all at once, [Deut. vii.
lest the beasts of the earth be multiplied against thee." The 22'^
mercy of our Redeemer hath given some beginnings of suc
cess to our endeavours : for the unrestrained licentiousness

tutionis sen commendae, aut alterius ficio ecclesiastico, de prceben. c. cum in
provisionis cujuscunque : hi namque illis. IL 6. Lyndwood, Provinciale, p.
sunt modi inducendi titulum in beue- 46. J

300

[A.D. 1281.

of taking benefices without scruple is suppressed*. To some
God hath given the grace of compunction, so as that they have
pruned away a great part of their damned pluralities; some
have submitted their superfluity to be moderated by our dis
cretion, which has not purged away the crime ; for we cannot
dispense in such cases, though yet we have taken some small
steps toward it. But we admonish once, twice, and thrice,
all and singular such possessors of pluralities, that they freely
and absolutely resign their benefices within the space of six
months into the hands of their bishops, (for no delay can
be granted them when the infernal pit is ready to swallow
them, and the mill-stone to sink them,) and that they make
satisfaction according to their ability to the churches so de
frauded ; and never for the future do unlawfully receive the
fruits of those churches by themselves or by others, privately
or publicly, directly or indirectly: x saving to ourselves the
right of providing for those benefices, the collation whereof
is devolved to us by lapse of time. Else from that time for
ward we shall proceed against them, by the favour of the
Most High, according to form of canon. Arid we do not in
tend by this monition to prejudice ourselves or our fellow-
bishops, but that we may proceed against them singly in the
usual method.

u Here the Oxford copy speaks in the present tense, inhihemus^, but
this is contrary to the whole tenor of the constitution, or rather declama
tion, therefore I follow Sir H, Spelman. Lyndwood has not glossed upon
it ; though I remember he sometimes mentions this constitution as made
by Peckharn.

* Here is a saving to the personal interest of the archbishop but none
to that of the pope. In the first constitution at Reading there was a
saving to both, though to the archbishop in the first place (which by the
bye was no great proof of his humility or good manners). But what was
the occasion of his thus abating his zeal for the pope 1 It is probable that
the large payment of four thousand marks, which the pope exacted of him
after his return to England, and compelled him to pay, had cooled his af
fection to the see of Rome.

25. St. James commands us "to be quick to hear, slow to
speak ;" he only is fit to be a leader, who has been learning

* [dum saltern est prohibita pristina Lynd., app.]

eftraenatio beneficia hujusmodi sine f [Lyndwood, Provinciale, Appen-

scrupulo admittendi. Wilkins, and dix, p. 33; so Wilkins, vol. ii. p. 60.]

A. D. 1281.] AT LAMBETH. 301

from his youth to maturity of age. Pythagoras's scholars
were obliged to five years' silence before they were permitted
to discourse of the heathen wisdom. Many advocates do not
imitate this prudent discipline, who after having heard one,
or half a book of the law read to them, assume to themselves
the office of pleading in ecclesiastical causes. And because
they know not what is truly law, they betake themselves to
frauds which obstruct judicial process : for the cure of which
disease we ordain that no one be for the future permitted to
exercise the office of advocate unless he have for y three years
been a diligent hearer of the canon and civil law. And let
him give proof of it by his own oath, when it does not appear
by any just testimony, or by notoriety of fact.

y Lyndwood observes that by the civil law none could be advocate but
he who had for five years studied, and supposes that this constitution was
made only with regard to little inferior courts : but he did not think it
necessary that the advocate should have heard the professors in the Uni
versity, but only some private doctors. That the degree of doctors was
now in being appears from the decrees of Pope Clement V., Clem., lib. v.
tit. 1, c. 1, 2. By the last decree it appears that the bishop had power to
confer this degree, and is suspended from the exercise of this power if he
did not give an oath to the graduated person that he should not spend
above three thousand turons, (which amounts to above fifty pounds ster
ling,) at the taking of it : though this decree was made 1312, that is,
thirty-one years after this constitution, yet the degree of doctor must have
been of long standing, before the expense attending it could be raised so
high as this decree imports.

26. z The vice of ingratitude is to be detested, and espe
cially that of subjects toward their prelates, who watch as
they that are to give account of the souls committed to
them ; therefore we ordain that when an archbishop or
bishop dies, every priest as well religious as secular, that was
a subject to the defunct, be bound to say all a together one
mass for him. And let his brethren and fellow bishops in
their next following congregation say an office of the dead in
his behalf; and yet singly in their chapels perform proper
devotions for him, as they desire it may be done for them in
the like case.

1 It is unaccountable to me what should prompt the archbishop to
make a new constitution upon this head, when the eighth of Reading was
much more full and express than this of Lambeth. NCAV laws are often

302

PECKHAM S CONSTITUTIONS

[A.D. 1281.

made to supply the defects of old ones, but perhaps this may be produced
as a singular instance of a second law made on the same head, but much
less perfect than the first. Any man would rather think that this was a
spurious addition. Yet Lyndwood calls the constitution immediately fore
going the last but one : therefore probably this hath stood here at least
these three hundred years.

• This seems evidently to be intended for a concelebration of mass.

Done in a council at Lambeth celebrated by Peckham, and
recited in the last action of the said council on Friday the
sixth of the ides of October, the dominical letter current E,
A.D. 1281, indict. 9, the first year of the pontificate of
Martin the Fourth, the ninth of the reign of the illustrious
Edward, king of England, and the third of our consecration.

LATIN.
Sir H.

Spelman,
vol. ii.
p. 343*.
[Wilkins,
vol. ii.
p.49f.]

The statute of John Peckham, archbishop of Canterbury, of
an uncertain time and place.

27. bFor the instruction of them that are, and the memory
of them who shall be. Whereas there is a dispute between
the rectors of churches in the province of Canterbury, and
their parishioners, concerning the various ornaments and
things of the church : there is here underwritten what be
longs to the rectors, what to the parishioners — Let all know
and observe in the following manner, viz., that cthe chalice,
principal mass-vestment of the church, chesible, clean alb,
amyt, maniple, girdle, with two towels, cross for processions,
lesser cross for the dead, bier, cense-pot, lantern with a
bell, lent-veil, manuals, banners, bells, vessel for holy water,
with salt and bread, osculatory for the pax, Easter taper
with a candlestick, bells in the steeple with ropes, fonts with
lock and key, reparations of the body of the church within
and without, as well in altars as images, glass windows, with
the enclosure of the church-yard, belong to the parishioners.
All other particulars and ornaments, with the reparation of
the chancel within and without ought to be found by the
rectors or vicars, according to the divers approved ordina
tions and constitutions.

* [Ex MS. Cotton Vitell. A. 2.
f.62. b.]

f [Ex MS. Colleg. Baliol. Oxon. :
L. 3. Datur caput hoc paulo tamen
succinctius in MS. Cotton, Vitell. A. 2.

fol. 62 b. sub titulo : ' quae debeant in
ecclesiis inveniri per rectores, et quae
per parochianos.' Wilkins, vol. ii. p.
49, note a.]

A.D. 1281.]

AT LAMBETH.

303

b By this it appears in general that the parishioners of the province of
York according to the first constitution of Walter Gray (which see) were
bound to find several things which in the province of Canterbury were
left to be provided by the incumbents, especially all the books and the
vestments, excepting one suit for the mass.

c This is worded just as in Walter Gray's first constitution, which see ;
and for explication of the terms, see constitution 4. of Winchelsey, arch
bishop, 1305. Here is a mistake proceeding from placing the chalice be
fore the missal, whereas it ought to stand as in the Oxford copy of this
constitution. Missale, calicem, vestimentum principale *, &c.} " the missal,
chalice, principal vestment," &c.

* ("The words so stand in the above
constitution as attributed to Robert
Winchelsey, Lynd., app., p. 35; but
Lyndwood's text, Provinciale, p. 251-2,
of Robert Winchelsey's constitution
has the words with their context thus :

Praecipimus quod teneantur (sc. paro-
chiani) invenire omnia inferius anno-
tata, viz., legendam, antiphonarium,
gradale, psalterium, troperium, ordi-
nale, missale, manuale, calicem, vesti
mentum principale cum casula, dal-
matica, &c.

Wilkins gives the whole constitu
tion of Peckham as below, " ex MS.
Colleg. Baliol. Oxon. L. 3."

Ut autem existant parochiani in siu-
gulis certiores, intelligant et observent
universi, quod calix, missale, vestimen
tum ipsius ecclesiae principale, viz., ca
sula, alba munda, amictus, stola, mani-

pulus, zona cum duabus tuallis, crux
magna processionalis, et alia minor
pro mortuis, lanterna cum tintinnabulo,
thuribulum, velum quadragesimale,
vexilla, campanae, manuales pro mor
tuis, feretrum, vas ad aquam benedic-
tam, osculatorium, candelabrum ad
cereum paschalem, campanae in cam-
panili, et cordae ad easdem, fons sacer
cum serulis, et reparatio navis ecclesiae
interius et exterius tarn in altaribus,
quam imaginibus, fenestris earum, et
vitris cum clausura ccemeterii ad ipsos
parochianos pertinere. Caetera autem
omnia tarn in reparatione cancelli,
quam in ornamentis ejusdem internis
et externis, secundum djversas ordina-
tiones et consuetudines approbatas de-
bent a rectoribus locorum et vicariis
reparari. W. See above, p. 177, note J.]

A.D. MCCXCVIII.

PREFACE. ARCHBISHOP WINCHELSEY'S SENTENCES
OF EXCOMMUNICATION.

IN the four first reigns after the conquest we hear no
complaints of taxes laid upon the spiritual revenues of the
churches, or glebes and tithes ; for the exactions of William
Rufus or King Stephen, two arbitrary princes, are not to be
alleged as precedents. The temporalities of bishops suffered
much during the vacancies of the sees, and those vacancies
lasted often many years together for the advantage of the
court : nay, these temporalities were often seized by the
royal will and pleasure, and much money brought into the
exchequer by this means. But the first regular tax laid upon
the spiritualities seems to be that of which you have an
account in the year 1188, which was projected by the pope,
and executed by King Henry the Second for the recovery of
the Holy Land. We may be sure that if such demands had
been usual in the former part of this king's reign, some terms
or conditions would have been inserted into the articles of
Clarendon upon this head, as being the most common occa
sion of dispute between the prince and subjects. What sub
sidies were granted for the prosecution of the holy war, or
for the payment of arrears at King Richard the First's re
turn home, were demanded by the united power of the king
and pope, and paid by the forward zeal of the clergy and
people, in a cause which the superstition of the age would
not permit to be disputed. The pope was at the head of all
these exactions, and prince, clergy, and people were then
entirely at his devotion. It is true King John, in the years
1203 and 1205, demanded subsidies of the clergy, but the
archbishop, with his brethren, evaded or refused them ; and
in the next year, when this king found them stiff in their

PREFACE. 305

denial, he levied a thirtieth both on clergy and laity by arbi
trary force. King Henry the Third, in the year 1222, had a
subsidy granted him by all his barons both lay and eccle
siastical ; it was for the Holy Land, and therefore it may be
presumed that glebes and tithes were affected by it, and
that it was done with the pope's consent : however this was
a privileged case. Two years after this the archbishops,
bishops, and other barons, gave the king a subsidy in parlia
ment: this did not reach the lower clergy; therefore they
were not taxed; but by the pope's bull every bishop was
obliged to assemble the clergy of his diocese, and there to
raise contributions for the king against rebellious subjects.

All this time the pope made depredations upon the clergy
at pleasure, and King Henry the Third assisted the pope in
his oppression; insomuch that when the prelates and clergy
desired his assistance against Petrus Rubeus, legate of the
see of Rome in the year 1239, the king was so far from
hearkening to them, that he encouraged the legate in his
exactions, and offered him his own castles to imprison such
prelates and clerks as opposed his demands. The king seems
to have seen his error, and certainly had greater regard to
the clamour of his clergy and people in the year 1246, for
then he consulted with his parliament how to restrain the
pope's encroachments ; and he probably had done something
to this purpose, if Richard earl of Cornwall had not defeated
him by joining the Romish party. Yet this very prince twice
at least after this asked the pope's consent to make a levy on
the clergy, and had it granted him by Rustandus the legate
in the year 1255, by Othobon the legate in the year 1267. So
did his successor twice, (but they were for the Holy Land,) in
the years 1272, 1291 ; when small aids were sometimes given,
it was on express condition that they should not be drawn into
custom (as in 1275 ;) this supposes them to be new things.
And if there were any more royal levies made to this time, I
must profess my ignorance of them, (I mean still on the lower
clergy, and for their spiritual revenues,) excepting the sub
sidies granted in the year 1283, if they were indeed granted :
for the fact is not certain, or however that the pope's consent
was not had if the subsidies were granted.

And would not now any indifferent man believe that the

306 PREFACE.

kings themselves, by yielding this point to the pope for a
hundred years together, (that is from the first time that taxes
had been laid on the clergy for their spiritualities,) had dis
abled themselves by their own acts and deeds from doing it
without the pope's approbation. However the clergy them
selves at this time were certainly of this sentiment; and
King Edward was aware that this was their notion : therefore
he employed William March, bishop of Bath and Wells, his
treasurer, to seal up and secure all the stocks, stores, and
granaries of the clergy in the year 1295 ; then summons the
lower clergy to come up with the bishops and other prelates
to Westminster, demands of them a grant of half their goods :
they made some demurs; but found it vain to dispute the
point with the king, and therefore ransomed one half by
giving the king the other. The next year they were, by a
way never used but once before, (viz. in the year 1283,) called
to parliament together with the prelates and barons, and
now one third of the remaining half of their goods was de
manded ; they with great difficulty prevailed with the king to
accept a tenth ; but at the same time promised to give more
the next year, and the king gave his word that their griev
ances should be redressed. Both these promises were equally
performed. At the next parliament in November at St. Ed-
mundsbury they pleaded a bull of Pope Boniface the Eighth,
which by Archbishop Winchelsey's* means they had pro
cured, whereby they were forbid to agree to any taxation
without consent of the holy see, (as it was long forbidden by
the canon law, and particularly by the two last Lateran
councils,) and when this excuse was not accepted they re
ferred themselves to a more full assembly: for very many
refused to obey this lay-summons of the king ; they had time
given them to Hilary next ; but in the mean time their stock
and goods were all secured by the king's command ; and on
the other side, the pope's bull was published: when the
clergy met at Hilary in a full body, and persisted in their
refusal, they were outlawed, or put out of the king's protec-

* ["It was sent to Archbishop Peck- lection of the History of England, by

ham, whom the pope had put into the Samuel Daniel, ed. 4. 1650: but see

see of Canterbury against the king's Constitutio Bonifacii Fill, papa de non

consent, and kept by the clergy till this solvendis collectis, A.D. 1296, in the

occasion. Kennet, note on Daniel's K. third year of Abp. Winchelsey, "Wil-

Edw. I., p. 196." MS. note Wrang- kins, vol. ii. p. 222.]
ham. The book quoted is, " The col-

PREFACE. 307

tion, and their goods actually confiscated ; and by the advice
of some great men a parliament (as they called it, though
consisting only of temporal barons) was assembled at Salis
bury, where they are said to have consented to a law made by
the king, that if the bishops did not comply with the king
before Easter, the laity should be forbid all dealings with
them, and the archbishop, bishops and clergy, in convocation,
ordered general sentences of excommunication to be de
nounced in all churches against all those who seized eccle
siastical goods ; and this was probably before the pretended
parliament at Sarum, excluso clero. If these proceedings
had been against the laity, I am confident all the politicians
of this age had condemned them as arbitrary and tyrannical :
and certainly the nature of them was not altered by the
clergy's being the only sufferers. But the truth is, King
Edward's government was so severe and illegal, that his lay
lords could no longer endure it : and being embarrassed with
them he was under a necessity of making his peace with the
Church, as he soon did, and expressed the sense of his ill
treatment of his clergy with tears in his eyes, upon the arch
bishop's coming into his presence in order to a reconciliation.
The memory of this archbishop has been very much as
persed of late years, and it is very difficult in points of so
great and tender a nature for any man so to conduct himself
as wholly to escape censure ; but so far as I can discern, he
acted like a sincere papist. In the year 1297, he did indeed
consent to a contribution, without asking the pope's consent,
in a provincial convocation. But this was upon a sudden
inroad of the Scots, when there was not time to send to
Rome, and when the wars in France made all travelling
thither unsafe : and this contribution was not granted to
the king, nor levied by his officers, but collected and ex
pended by every bishop in his diocese under the direction of
the primate, as was likewise done in the other province : and
the canon law expressly allowed such voluntary contributions
in time of necessity, so that no lay power were concerned
in collecting it, and that the clergy gave their free consent
to it. (See Cone. Lat. 1179, c. 19*; Cone. Lat. 1215, c. 46f.)
And this same king did effectually own the pope's authority

* [Concilia, torn. xxii. col. 228.] f [Ibid., col. 1030.]

308 PREFACE.

in this respect iu the year 1300, when he accepted a trien
nial tenth from him ; and his successor Edward II. throughout
his reign was willing to accept money of his clergy on the
same terms. And even King Edward III., in the year 1330,
was glad to share a quadriennial tenth with the pope : though
afterwards he saw a just necessity of retrenching the pope's
power in this respect : and for the next hundred years our
kings hung more loose to the pope, till Edward IV., in 1456,
forbad the pope's legate to levy a tenth here, though he
afterwards compounded the matter with him, as likewise did
Henry VII., and thus by degrees the convocation of each pro
vince were sufficient to give the king money without sending
to Rome for the pope's consent: and Pope Boniface's bull
against it is declared to be of no authority in the margin
of Sext. Decret., lib. iii. tit. 23*. But no archbishop perhaps
lived and died with greater reputation than Winchelsey, and
though the pope did not canonize him, yet the people did, so
far as they were able, by resorting to his tomb, and making
their oblations there for several years, till for this reason his
tomb was pulled down.

The struggle between King Edward and his clergy first,
then his lay lords, ended in a confirmation of the charters
which he had grossly violated.

* [c. 3. ap. Corp. Jur. Can.]

A.D. MCCXCVIII.

ARCHBISHOP WINCHELSEY'S SENTENCES OF
EXCOMMUNICATION.

THE sentence of excommunication passed by Robert (Win- LATIN.
chelsey) archbishop of Canterbury, against such as seize ec- spehLn,
clesiastical goods, and infringe the articles of the great charter vo1- »•
and the charter concerning forest, and against such as detain [Wilkins,
and imprison clerks f. voL %

Robert, aby divine permission archbishop of Canterbury,
primate of all England, to our venerable brother the lord
Richard, by the grace of God bishop of London, health, and
brotherly charity in the Lord. Sudden necessity and precau
tion do often require that remedies provided against dangers,
but neglected, be vigorously repeated, and that new ones be
applied ; especially in things established by authority of the
holy fathers, and which cannot be omitted by us bishops
who are bound to keep them without endangering our pro
fession. It was lately ordained jointly by us and our fellow
bishops, in a convocation of prelates and clergy celebrated at
London, after the feast of St. Hilary in the year of our Lord
1296, and at the instigation of some of them, they were en
joined by us in virtue of obedience that the seizers of ecclesi
astical goods, and such as took them away by violence, without
the free leave of their owners, or of their bailiffs, be publicly,

* [Ex MS. Cotton Cleopatra, E. 1. archiepiscopi, totius Anglise primatis,

fol. 232.] recepimus, formam, quae sequitur, con-

f [This title is both in Spelman and tinentes :

Wilkins, as also the following intro- After writing this letter the bishop

duction : of London again addresses his own

Robertus, permissione divina Lon- dean and chapter, and dates his own

don. episcopus, dilectis in Christo filiis letter,

decano et capitulo ecclesise nostrae Orseth, July 25th, in the same year.

S. Pauli London. Salutem, gratiam, See Wilkins, vol. ii. p. 242. Spelman,

et benedictionem. Literas reverendi vol. ii. p. 431.]
patris domini R. Dei gratia Cantuar.

310 WINCHELSEY'S SENTENCES [A.D. 1298.

and in general, denounced to be under the sentence of the
greater excommunication by the bishops themselves in the
cathedral churches, and other notable places, by other idone-
ous men in other churches of every diocese, at the command
of the diocesan. But as we have since been informed to our
grief, the execution thereof has been in whole or in part
hitherto omitted by some of our fellow bishops to the danger
of many, especially of those who were in duty bound to have
done it, from which some malevolent men have been, and
will be the more emboldened to offences of this sort. And at
the last renewal of the great charters of liberties and of the
forest (granted by princes of old) our lord the king who made
this renewal, did enact and ordain that the said charters
should be sent to every cathedral church throughout the
kingdom of England, and there remain, and be read before
the people twice a year ; and that the archbishops and bishops
of the kingdom of England should pass the sentences of the
greater excommunication against all those who act contrary
to the said charters by fact, help, or advice, or who infringe
the said charters in any point ; and that the bishop publish,
or cause to be published the said sentences twice a year in
their cathedral churches ; and that the bishops who are neg
ligent in the publication thereof be reprehended by the arch
bishops of Canterbury and York for the time being ; and be
forced to the denunciation thereof by the said archbishops.
We also and our fellow bishops there present, and assisting
us in their pontificals at Westminster, with the consent of
the king's council, who was himself in parts beyond sea, did
solemnly pass and publish the said sentence of excommuni
cation in English*. That therefore what has been so whole
somely, and so very profitably ordained and provided, may not
lose its effect through concealment ; it was provided and en
joined by us and our fellow bishops, and the prelates and
bclergy of our province of Canterbury, in the last congre
gation of the prelates and clergy after the feast of the nati
vity of St. John Baptist at the new Temple, London, that the
said sentences of excommunication against the violators of
the charters be solemnly published in manner aforesaid twice
a year, viz. on the feast of All Saints and Palm Sunday in

* [in vulgari, S. W.]

A. D. 1298.] OF EXCOMMUNICATION. 311

the cathedrals by the bishops, if it may be, else by others
authorized by them. Farther, because our lord the king at
the said renewal promised the prelates, and the whole com
munity of the kingdom, that no man's goods should be seized
in the king's name upon any account, without the common
consent of the whole kingdom : and if it happen (which God
forbid) that any evil-doers do take, or in any wise carry away
the goods of ecclesiastical persons from the houses, granges,
or other places belonging to them, and without the free leave
of the owners thereof, or of their bailiffs, (which may not be
presumed, as is above said, to be done by the will of our
lord the king,) it may be difficult and hurtful to the persons
BO wronged to have recourse to their bishops; it seemed ex
pedient to us and our fellow bishops, and it was agreed and
enjoined by them in the said congregation, that express power
be given to inferior prelates, and also to rectors and vicars of
parish churches by their diocesans, solemnly and publicly to
denounce the said evil-doers, who do by evident fact noto
riously and manifestly do such mischief, together with their
accomplices, to be involved in a sentence of the greater ex
communication. Therefore,

* The archbishop or bishop writing to another always styled himself
" by divine permission," and the archbishop or bishop to whom he writes
"by the grace of God."

b This is the first express instance which I have observed of the lower
clergy's concurring with the bishops in ordaining any ecclesiastical matter
excepting what is mentioned by Boniface, const. 21, 1261. This was the
second or third time that they had been drawn to a state convocation, and
the archbishops frequently afterwards made use of the clergy so assembled,
as if they had been called to a pure ecclesiastical synod. The archbishop
by taking the clergy's advice and consent in such spiritual matters con
vinced them that they were not only assembled by a spiritual authority,
but for spiritual purposes, which was the only way to reconcile them to
these newly-invented assemblies. And farther, by this means the arch
bishop shewed his good inclinations towards them, and he thought this
the most proper way to secure their affections to him ; and a mutual good
understanding was very necessary for both in such times. And archbishop
Winchelsey's memory ought to be honoured by all of the clergy who value
the privilege which the lower clergy now enjoy in being members of con
vocation : for it was he that., next after Boniface, indulged them this pri
vilege, with submission to better judgments. Nay, all that have any regard
to English liberties ought to pay respect to his memory, as one of the
greatest assertors of .them ; and to acknowledge from this and other in-

312 WINCHELSEY'S SENTENCES [A. D. 1293.

stances, that if our bishops, as welFas other barons, had not known how to
value and defend them, there had been none left for those of this age to
boast of and maintain.

1. We enjoin and firmly command you our brother in
virtue of obedience,, that [ye publish] the said sentence
against seizers on goods of ecclesiastical men in every church
of your diocese, as it was ordained in the first of the said
congregations, and according to the said ordinance.

2. And do ye cause the said sentence against the in-
fringers of the articles of the said charters, passed by us
and our fellow bishops, with royal consent in form above said,
as provided in the last congregation, to be published in times
and places before mentioned, and to be throughout explained
in order in English, with bells tolling and candles lighted, that
it may cause the greater dread ; for laymen have greater re
gard to this solemnity than to the effect of such sentences.

3. And do ye give full and express power (as was unani
mously agreed in the last ordinance) to inferior prelates,
rectors, vicars, and also to chaplains of parishes, publicly
and by name to denounce the evil-doers aforesaid, and in the
solemn manner before mentioned, involved in the sentence
of the greater excommunication • that is, the seizers and in
vaders of ecclesiastical goods ; if any for the future do in the
places belonging to these prelates, or in the parishes belong
ing to the rectors or vicars, invade, seize, or take away such
goods, or be the cause of having it done by notorious, evi
dent fact : provided always, that the rectors, vicars, and
priests, do not thus proceed but when the fact is evident
and notorious, and the testimony sufficient: and for the
suppressing the iniquity of perverse men, let the celebration
of mass be stopped while such evil-doers thus solemnly de
nounced by name are present ; and let them be solemnly
denounced excommunicate every Lord's day and festival,
and let them be c deprived of the communion of the faithful
by a prohibition thereupon to be made, till they be absolved
from that sentence; having first made restitution of what
was taken away, and after that due satisfaction. And when
due information of any such evil doings hath been made to
you by any of your subjects, or comes to you by common
fame, do ye cause full and speedy justice to be done by pun-

A. D. 1298.] OF EXCOMMUNICATION. 313

ishing such evil-doers, and their fautors and accomplices by
canonical coercions, with all diligence and sharpness ; as like
wise all such as communicate with them knowingly after a
sufficient prohibition.

c All thus excommunicated were deprived of the communion of the
faithful, and those faithful who knowingly conversed with them were to be
excommunicated by all the laws of discipline that were ever used : but by
the council of Lyons in the year 1245, a distinction was made* : and they
who were thus guilty of conversing with excommunicates were to be cen
sured with an excommunication of the lesser sort : but if a prohibition
were published against conversing with them, then the penalty of the of
fender was the greater excommunication. See Sext., lib. v. tit. 11. c. 3.

4. And do ye cause the same sentence of excommuni
cation in the same solemn manner to be published against
all those who rashly lay violent hands on clerks : and if the
iniquity of any proceed so far, as it is feared it may, that
prelates, rectors, vicars, or priests of churches, or any other
ecclesiastics whatsoever, be taken through occasion of the
premisses, or any of them by a lay power, or be kept in
prison or custody in any wise, we enjoin you in virtue of
obedience (as it was also ordained by the prelates and clergy
in the said last congregation) that the places in which [the
ecclesiastics] so taken are detained, and the four next neigh
bouring churches under your district, be forthwith laid under
an ecclesiastic interdict, and that they so remain so long as
the parties so taken be there detained. And yet farther, let
the captors and detainers of them, and they who authorized
them, be solemnly denounced excommunicate with the greater
excommunication on every Lord's day and festival, after the
wicked fact is committed in all churches of your diocese 'at
high massf, before the clergy and people with bells tolling
and candles lighted, that the solemnity may be the more
dreaded. And that this may come to the knowledge of all,
let it be explained in English till the excommunicates be ab
solved from that sentence by a competent judge ecclesias
tical in the form of the Church, after having first made due
satisfaction.

5. And because the solemn processions and prayers which
we long since ordained to be made throughout every diocese

* [Concil., torn, xxiii. col. 622.] f [inter missarum solennia, S. W.]

314 WINCHELSEY'S SENTENCES. [A. D. 1298.

for the Holy Land, and for the peace, tranquillity and pros
perity of the Church, the king and kingdom, have been
negligently [performed] in many [places], and in [others]
omitted to the danger of many, as we are informed ; from
which, if done, great advantage might be expected ; and our
lord the king of late required by his messengers in the
said last congregation, that prayers should be made for him
and his in the present expedition which he hath undertaken
against the enemies of himself and of the kingdom; and
also that we would cause the Scots and their accomplices to
be publicly denounced excommunicate throughout our pro
vince as who have presumed and do still presume, as they
say, violently to invade the churches and ecclesiastical places
of the kingdom of England, and to burn them, and sacrile
giously to take away ecclesiastical goods, and openly to in
fringe the peace of the kingdom and Church of England ;
we therefore command and enjoin you as before, [to per
form] the said processions and prayers for the Holy Land,
and the peace of the kingdom and Church of England, as
also especially for our lord the king, and such as follow
him in his present expedition; as also the denunciations
of the excommunications aforesaid throughout your whole
diocese at all times and places as ye shall see expedient ; and
that ye do it in a solemn manner in your own person so far
as ye ought ; and that ye cause the rest to be done by others.
And do ye execute all these particulars with such vigilance
and concern, that by this means the state of the Church may
be reformed for the better, and that ye may add to the heap
of your own merits. Do ye also (so far as concerns you) at
all seasonable times cause enquiry to be made throughout
your whole diocese, whether the premisses have been observed
in manner aforesaid by your subjects. And do ye once a
year at least certify us in due manner of what has been done
by you and your subjects by your letters patent containing
a copy of these presents. Dated at Otteford, sixth ides of
July in the year of our Lord 1298, and of our consecration
the fourth*.

* [See above, p. 309, note f.]

A.D. MCCCV.

ARCHBISHOP WINCHELSEY'S CONSTITUTIONS AT MERTON*.

THE provincial constitutions of lord Robert de Winchelsey, LATIN.
archbishop of Canterbury, published at Merton, A.D. 1305, j, ^'j
in the thirty-third year of the reign of the illustrious King Sir H.
Edward I., Clement V., who translated his see to Avignon, Voi! £*"'
sitting in the apostolical chair. Fl^nd

1. This is the same with the second constitution of Walter app.,p/34.
Gray, archbishop of York, A.D. 1250 : the most observable J^18'
variations are there mentioned {. p. 278f.]

2. Because many controversies arise concerning tithes, [Lynd.,
and the feed of cattle between rectors of churches by reason p' ]

of the removing of cattle from parish to parish at several
seasons of the year ; we, desiring to prepare the way of peace,
do ordain and decree, that the tithes of wool, cheese, and
milk, be entirely paid to those churches in whose parishes
the sheep feed and couch for a constancy from shearing-
time till Martinmas, ain proportion to that time although

* [" In prioratu Mertonensi in comi- ut c. xvi. q. viii. " Omnes." Hoc me-
tatu Surrise." Wilkins, vol. ii. p. 278, lius notatur per Jo. ii. q. i. " Nemo
note *.] episcopus." Et "Extra, de celebra-
f [" Concilium Mertonense. In quo tione missarum. c. i. vers. exercere per-
constitutiones provinciates domini Ro- tineat per W. in Clement." Et quia
berti de Winchelsey, Cantuariensis archi- tangitur supra de decimis personalibus
episcopi, editce stint. Ex MS. Cott. Otho. die. secundum "Host." quod decimae
A. 15, collat. cum MS. Lambeth. 17, personales non debent integre solvi.
et MS. Elicu. 235."] Hoc tenet" Host, de transact." c. "Sta
ll: [See above, A.D. 1250. 2. p. 178. tuimus vero ecclesiasticurn de deci-
After the last words there translated mis:" c. in aliquibus per eundem xvi.
by Johnson, viz., " donee dimidiam q. vii. c. " Item quicunque" vers. pri-
marcam argenti archidiacono loci per- die per archidiaconum ibi et dicas aliis
solverint." Speltnan,Wilkins,and Lynd. omissis. Contrarium tenet Innoc. de
app. add the following ; parochiis c. 1. in fine, " Vel erit" super
De ista materia tangitur " Extra, de rubrica "de decimis." Dicit tamen
officio ord. c. cum ab ecclesiarum ;" et Jo. Inno. de reg. jur. c. " qui prior in
quod hie dicitur, dicit canon xvii. q. quarta parte questionis vers. Innocent,
vii. "Omnes." Et hoc verum est, quod quod ratio Innocent, est media." Wil-
praelati inferiores auctoritate propria kins, vol. ii. p. 278-9 ; but see Lynd.
possunt excommunicare, nisi consue- app., p. 34-5 ; and Lyndwood, Provin-
tudo sit in contrarium, vel nisi inhibea- ciale, p. 196, gl. Suspendantur — Census
tur per superiorem, et hoc manifesto, ram ecclesiasticam — Ad ordinarium.]

316 WINCHELSEY'S CONSTITUTIONS [A. D. 1305.

the sheep be afterwards removed and shorn in another
parish. And to prevent fraud, we charge in this case, that
before the sheep be removed or taken out of their pastures,
sufficient security be given to the rectors for paying the
tithes ; and if within the said space they are removed into
several parishes, let each church receive tithe in proportion
to the time, no account being had of any space less than
thirty days. 'If for the whole of the aforesaid time they
couch in one parish, and feed in another for a constancy, let
the tithe be divided between the churches. If after the
feast of St. Martin they are carried to other pastures, and till
the time of shearing feed in one or several parishes, either in
the pasture of their owners, or any others, let the feeding
be apprised according to the number of sheep, and let tithes
be demanded of the owners according to those apprisements.
Let tithes of the milk and cheese arising from cows and
goats be paid where they couch and feed : or if they feed in
one parish, and couch in another, let the tithes be b wholly
divided between the rectors. Let lambs, calves, colts, and
other decimable younglings be tithed proportionably with a
regard to the several places in which they were begotten,
born, and fed. We leave to the custom of places what is
due where the milk for the small number of the cows or
sheep is not sufficient for making cheese; and what for
lambs, calves*, colts, fleeces, geese, or such things as are too
small to pay a certain tithe. If sheep are killed, or die by
chance after Martinmass, let the tithe be paid to the parish
church. And if sheep belonging to one parish are shorn in
another, let the tithe be delivered to the rector of the parish
[where they are shorn] unless it can be shewed that satisfac
tion hath been made for the tithe elsewhere f.

^* [So Lyndwood, p. 199, but Wil- percipiet utilitatem. Quod si post fes-

kins here omits 'vitulis.'] turn S.Martini ducantur ad pascua

'f [Wilkins gives the latter part of aliena, et usque ad tonsionis tempus in

the constitution as below, though Lynd- una vel in diversis parochiis ; sive in

wood, Spelman, and Lynd. app. end it propriis pascuis dominorum suorum,

as Johnson : sive alterius cujuscunque pascantur,

Si vero per totum tempus praedictum habita ratione ad numerum ovium,

cubant in una parochia continue, et pascua sestimentur, ut secundum aesti-

depascantur in alia; rector, in cujus mationem pascuorum ab eorum domi-

parochia cubant, licet ibidem caseus nis exigatur decima casei et lactis. Si

fiat, decimam casei vel lactis duntaxat vero per totum illud tempus cubant in

percipiet, cum alias ex stercoratione una parochia, et pascuntur in alia con-

non modicam meliorationem sentiet, et tinue, inter ecclesias decima dividatur.

A.D. 1305.]

AT MERTON.

317

a Decima lance, &c., ejusdem temporis * L. et Oxf. ejusdem temporibus.
Sir H. Spelman. It must I conceive be understood as here translated, to
make this clause consistent with the rest of this constitution, and with the
foregoing constitution.

b Not equally, says Lyndwood, for most is due to the parish where they
fedf.

3. Because we desire to extinguish the disputes which
often happen between rectors of churches and their parish
ioners, we ordain that if a man at his death have three
animals, or more, among his chattels, of what sort soever
they be, the second best be reserved for the church where
he received the sacraments while alive, the very best being
kept for him to whom it is due by law.

4. cThat the parishioners of every church in the province
of Canterbury, may for the future certainly know what

De vaccis et capris decima proveniens,
ubi cubant et pascuntur, ibidem solva-
tur; alioquin, si cubant in una paro-
chia et pascuntur in alia, decima inter
rectores dividatur omnino. Et habita
ratione ad domestica nutrimenta, duxi-
mus statuendum, ut agni, vituli, et alii
foetus decimales, ubi edunt et nutriun-
tur, decimentur. Agni vero vituli, et
pulli equini, et alii foetus decimales,
habita ratione ad diversa, ubi edunt et
nutriuntur, et ad moram, quam trax-
erint in eisdem, particulariter decimen
tur.

Item prsecipimus, quod si post fes-
tum S. Martini oves occiderint, vel si
oves quovis casu fortuito moriantur,
decimam inde legitimam parochiali ec-
clesiae solvere non postponant. Quod
si oves extraneae in alicujus parochia
tondeantur, decima lanae ibidem trade-
tur rectori ecclesiae, pro se fideliter
conservanda, nisi sufficienter docere
possit pro decima facta alibi solutionem
ibidem faciendam, modo legitimo va-
leat impedire. Quid vero pro decima
dari debeat, ubi lac propter parvitatem
vaccarum vel ovium ad caseum facien
dum non sufficit, et pro agnis et pullis
equinis, velleribus, aucis, aut aliis hu~
jusmodi, de quibus propter modicitatem
eorum decima certa dari non potest,
consuetudini locorum duximus relin-
quendum.

Ad hoc, quia audivimus, quod qui-
dam justitiee contemptores decimas vi-
cariorum suorum1 quidam in proprias,
in quorum possessione hactenus non
fuerunt, manu laicali et armata inva-

[Lynd.,
p. 184.]

dere non formidant; nos ut periculis
praedictis obviemus futuris temporibus,
auctoritate Dei Patris omnipotentis, et
approbatione synodi sacrosanctae ex-
communicamus omnes illos, qui de
caetero talia perpetrare prsesumpserint,
ac eorum fautores.

Statuimus etiam, quod praediales
decimae ibi solvantur, ubi sunt, per
son ales vero, ubi sacramenta reci-
pientur; dccimae pecudum solvantur,
ubi pascuntur et aluntur ad lites et
contention es inter rectores ecclesia-
rum quietandas firmiter statuendo
praecipimus, quod, quando oves diver-
sis temporibus anni in diversis locis de-
morantur, ut est de ovibus, quae post
festum S. Michaelis et ante festum
S. Martini ab una parochia ad aliam
transmittuntur, et in quinden. vel mens.
post Pascha revertuntur, decima agno-
rum dividitur inter ecclesias parochi-
ales, etiam lana pro rata temporis utri-
que ecclesiae persolvatur. Si vero post
festum S. Martini transmittantur, et in
praedicto tempore, viz. quindena vel
inense post Pascha revertantur, me-
dietas decimae agnorum cum tota de
cima lanae, ad ecclesiam, de cujus pa
rochia existunt oves revertatur quam
constitutionem sub pcena excommuni-
cationis in nostra proviricia praacipirnus
observari. Wilkins, vol. ii. p. 279. Cf.
Lyndwood. Provinciale, lib. iii. tit. 16.
p. 197-9 ; Spelman, vol. ii. p. 432-3.
Lynd. app., p. 35.]

* [So Wilkins.]

f [Provinciale, p. 198, gl. Divi
datur.]

fLynd.,
p. 251;
vol. ii.
p. 434.
Lynd.,
app., p. <
Wilkins,
vol. ii.
p. 647.]

1 Forte, tanquam proprias, W.

316 WINCHELSEY'S CONSTITUTIONS [A. D. isos.

the sheep be afterwards removed and shorn in another
parish. And to prevent fraud, we charge in this case, that
before the sheep be removed or taken out of their pastures,
sufficient security be given to the rectors for paying the
tithes ; and if within the said space they are removed into
several parishes, let each church receive tithe in proportion
to the time, no account being had of any space less than
thirty days. 'If for the whole of the aforesaid time they
couch in one parish, and feed in another for a constancy, let
the tithe be divided between the churches. If after the
feast of St. Martin they are carried to other pastures, and till
the time of shearing feed in one or several parishes, either in
the pasture of their owners, or any others, let the feeding
be apprised according to the number of sheep, and let tithes
be demanded of the owners according to those apprisements.
Let tithes of the milk and cheese arising from cows and
goats be paid where they couch and feed : or if they feed in
one parish, and couch in another, let the tithes be b wholly
divided between the rectors. Let lambs, calves, colts, and
other decimable younglings be tithed proportionally with a
regard to the several places in which they were begotten,
born, and fed. We leave to the custom of places what is
due where the milk for the small number of the cows or
sheep is not sufficient for making cheese; and what for
lambs, calves*, colts, fleeces, geese, or such things as are too
small to pay a certain tithe. If sheep are killed, or die by
chance after Martinmass, let the tithe be paid to the parish
church. And if sheep belonging to one parish are shorn in
another, let the tithe be delivered to the rector of the parish
[where they are shorn] unless it can be shewed that satisfac
tion hath been made for the tithe elsewhere f.

* [So Lyndwood, p. 199, but Wil- percipiet utilitatem. Quod si post fes-

kins here omits 'vitulis.'] turn S.Martini ducantur ad pascua

'f [Wilkius gives the latter part of aliena, et usque ad tonsionis tempus in

the constitution as below, though Lynd- una vel in diversis parochiis ; sive in

wood, Spelman, and Lynd. app. end it propriis pascuis dominorum suoruin,

as Johnson : sive alterius cujuscunque pascantur,

Si vero per totum tempus prsedictum habita ratione ad numerum ovium,

cubant in una parochia continue, et pascua aestimentur, ut secundum sesti-

depascantur in alia; rector, in cujus mationem pascuorum ab eorum domi-

parochia cubant, licet ibidem caseus nis exigatur decima casei et lactis. Si

fiat, decimam casei vel lactis duntaxat vero per totum illud tempus cubant in

percipiet, cum alias ex stercoratione una parochia, et pascuntur in alia con-

non rnodicam melioratioiiem sentiet, et tinue, inter ecclesias decima dividatur.

A.D. 1305.]

AT MERTON.

317

a Decima lance, &c., ejusdem, temporis * L. et Oxf. ejusdem temporibus.
Sir H. Spelman. It must I conceive be understood as here translated, to
make this clause consistent with the rest of this constitution, and with the
foregoing constitution.

b Not equally, says Lyndwood, for most is due to the parish where they
fedf.

3. Because we desire to extinguish the disputes which
often happen between rectors of churches and their parish
ioners, we ordain that if a man at his death have three
animals, or more, among his chattels, of what sort soever
they be, the second best be reserved for the church where
he received the sacraments while alive, the very best being
kept for him to whom it is due by law.

4. cThat the parishioners of every church in the province
of Canterbury, may for the future certainly know what

[Lynd.,
p. 184.]

De vaccis et capris decima proveniens,
ubi cubant et pascuntur, ibidem solva-
tur; alioquin, si cubant in una paro-
chia et pascuntur in alia, decima inter
rectores dividatur omnino. Et habita
ratione ad domestica nutrimenta, duxi-
mus statuendum, ut agni, vituli, et alii
foetus decimales, ubi edunt et nutriun-
tur, decimentur. Agni vero vituli, et
pulli equini, et alii foetus decimales,
habita ratione ad diversa, ubi edunt et
nutriuntur, et ad moram, quam trax-
erint in eisdem, particulariter decimen
tur.

Item prsecipimus, quod si post fes-
tum S. Martini oves occiderint, vel si
oves quovis casu fortuito moriantur,
decimam inde legitimatn parochiali ec-
clesiae solvere non postponant. Quod
si oves extraneae in alicujus parochia
tondeantur, decima lanae ibidem trade-
tur rectori ecclesige, pro se fideliter
conservanda, nisi sufficienter docere
possit pro decima facta alibi solutionem
ibidem faciendam, modo legitimo va-
leat impedire. Quid vero pro decima
dari debeat, ubi lac propter parvitatem
vaccarum vel ovium ad caseum facien
dum non sufficit, et pro agnis et pullis
equinis, velleribus, aucis, aut aliis hu-
jusmodi, de quibus propter modicitatem
eorum decima certa dari non potest,
consuetudini locorum duximus relin-
quendum.

Ad hoc, quia audivimus, quod qui-
dam justitise contemptores decimas vi-
cariorum suorum1 quidam in proprias,
in quorum possessione hactenus non
fuerunt, manu laicali et armata inva-

dere non formidant ; nos ut periculis
praedictis obviemus futuris temporibus,
auctoritate Dei Patris omnipotentis, et
approbatione synodi sacrosanctae ex-
communicamus omnes illos, qui de
caetero talia perpetrare praesumpserint,
ac eorum fautores.

Statuimus etiam, quod praediales
decimae ibi solvantur, ubi sunt, per-
sonales vero, ubi sacramenta reci-
pientur; dccimse pecudum solvantur,
ubi pascuntur et aluntur ad lites et
contention es inter rectores ecclesia-
rum quietandas firmiter statuendo
prascipimus, quod, quando oves diver-
sis temporibus anni in diversis locis de-
morantur, ut est de ovibus, quae post
festum S. Michaelis et ante festum
S. Martini ab una parochia ad aliam
transmittuntur, et in quinden. vel mens.
post Pascha revertuntur, decima agno-
rum dividitur inter ecclesias parochi-
ales, etiam lana pro rata temporis utri-
que ecclesiae persolvatur. Si vero post
festum S. Martini transmittantur, et in
praedicto tempore, viz. quindena vel
mense post Pascha revertantur, me-
dietas decimae agnorum cum tota de
cima lanse, ad ecclesiam, de cujus pa
rochia existunt oves revertatur quam
constitutionem sub pcena excommuni-
cationis in nostra proviricia pragcipimus
observari. Wilkins, vol. ii. p. 279. Cf.
Lyndwood. Provinciale, lib. iii. tit. 16.
p. 197-9 ; Spelman, vol. ii. p. 432-3.
Lynd. app., p. 35.]

* [So Wilkins.]

f [Provinciale, p. 198, gl. Divi
datur.']
Forte, tanquam proprias, W.

TLynd.,
p. 251;
vol. ii.
p. 434.
Lynd.,
app., p.
Wilk

30,

ilkins,
vol. ii.
p. 647.]

318 WINCHELSEY'S CONSTITUTIONS [A. D. 1305.

repairs belong to them, and they may have no disputes with
their rectors, our will is, and we enjoin, that for the future
they be bound to find all the things underwritten, that is, a
dlegend, an eantiphonar, a fgrail, a psalter, a stroper, an Or
dinal, a 'missal, a kmanual*, a Chalice, the m principal vest
ment, with a nchesible, a ° dalmatic, a p tunic, and with a
<J choral cope, and all its r appendages, a s frontal for the
great altar, with three l towels, three surplices, one "rochet,
a cross for processions, a x cross for the dead, a censer, a
lantern, a hand-bell to be carried before the Body of Christ
in the visitation of the sick, a pyx for the Body of Christ, a
decent veil for Lentt, banners for the rogations, bells with
ropes, a bier for the dead, a vessel for the blessed water, an
y oscillatory, a candlestick for the taper at Easter, a font with
lock and key, the images in the church, the chief image in
the chancel, the enclosure of the churchyard, the reparation
of the body of the church within and without, the images,
and glass windows, the reparation of books and vestments,
as occasion shall be. The rectors and vicars of the places
are to repair all the rest, the chancel, and whatever is here
omitted, zor they to whom it belongs at their own costj.

0 The reader is to know that we have six several copies of this constitu
tion of Archbishop Winchelsey§. I have chosen to follow that of Lynd-
wood in my translation ; yet this diflers considerably from that which
stands in the edition of this council printed at Oxford ; for in this last all
the books before the missal are omitted at the beginning, and added toward
the end of the constitution, but the manual wholly passed over in silence-
After chesible it adds alb, amyt, stole, maniple, girdle, which in this
constitution as published by Lyndwood are mentioned only as appendages
of the cope. After the censer it adds cum nave, et thure. For oscula-
torium it has tabulas pads ad osculatorium. It adds to the rochet the
words sine manicis. It wants the last clause concerning what is to be

* [" manuale" is omitted in the cor- J [Caetera autem omnia, tarn in re-
responding copy by Wilkins, though paratione cancelli, quam in aliis hie
given by Spelman, whose authority al- non expressis, secundum dicecesis or-
leged in the margin is MS. Cot. Faus- dinationes et consuetudines approbatas,
tina, A. 8. p. 6. Respecting the books a locorum rectoribus et vicariis debent
and vestments here mentioned see in in omnibus reparari sumptibus eorum.
Johnson's canons, vol. i. A.D. 957. p. W.]

395. notes * and J ; also A.D. 960. 33. § [Johnson's translation agrees with

p. 418, and p. 419, note*; Lyndwood's the second copy of this constitution,

glosses, Provinciale, p. 251-2; Mas- which Wilkins gives vol. ii. p. 280,

1,~1 1 j _ TIT _ -r* • , T , -i . -^ • «

kell
t
nestam, velum quadragesimale, W.] except in the three places noted.]

ll's Mon. Kit. Introduct. Dissert.] « ex MS. Cott. Faustina, A. 8." collat.

t [pyxidem pro corpore Christi ho- cum MS. Lamb. 17. et Elien. 235,"

A. D. 1305.] AT MERTON. 319

found by rectors. But there is another copy of this constitution coming
after the council of Merton in the Oxford copy, which agrees in the main
with Lyndwood ; the most observable differences are that it has psalteries
and principal vestments in the plural number, and mentions a chrismatory
after the pyx ; but the title in this copy intimates that some attribute this
constitution to Sim. Iselip, whereas Lyndwood positively ascribes it to
Winchelsey. Sir H. Spelman has three copies of this constitution, the
first is in course in the council of Merton, pag. 433, and agrees in sub
stance with the Oxford copy of the constitution in the said council. The
second is in pag. 434, and agrees with Lyndwood's copy, and the second
Oxford copy, except where this last differs from Lyndwood. There is a
third copy in the same page of Sir H. Spelman which is in the main the
same with that of Peckham's ; but after " glass windows," it adds pyx and
chrismatory. I am humbly of opinion that Archbishop Winchelsey did
thrice publish this constitution, first in his provincial visitation, and this
was that publication last mentioned : he then enforced it as the consti
tution of his predecessor Peckham. Secondly, in this council of Merton,
in which he made considerable additions to it : thirdly, in some unknown
council he finished it, and this finished constitution is glossed by Lynd
wood.

d Or lectionary containing all the lessons, whether out of the Scriptures,
or out of other books that were to be read throughout the year. In the
constitution of W. Cantelupe of Worcester, Sir H. Spelman p. 241, the
breviary stands for the lectionary : yet some say that the breviary of old
was only the rubric of the several offices, which as part gave name to the
whole in after times. See Quesnell's Observ. on Brev. Mont. Gas. in Petit.
Theod. Poenit*

* A book containing all the invitatories, responsories, verses, collects, and
whatever was said or sung in the choir, called the seven hours, or bre
viary, except the lessons. Two of these antiphonars cost the little monkery
of Crabhuse in Norfolk, twenty-six marks in the year 1424 ; Sir H. Spel
man says this would make fifty-two pounds according to the value of
money in his age : I am of opinion that he laid it too low, and that it
would be above eighty pounds, according to the present value of money.
By this the reader may make some estimate of the vast charge of books in
the ages before printing ; and that therefore this was a very heavy expense
to the several parishes of the kingdom. See Sir H. Spelman's Gloss. Anti-
phonar. The common price for a mass-book was five marks, the vicar's
yearly revenue.

f Grail, gradale, all that was to be sung by the choir at high mass was
contained in this book, the tracts, sequences, hallelujahs, the creed, offer
tory, trisagium, &c., as also the office for sprinkling the holy water.

f Troper contained the sequences only, which were not in all grails.
The sequences were devotions used after the epistle, in which he that
served at mass was obliged to perform his part.

u Ordinal was the book in which the method, or manner of performing

* [Theodori archiep. Cant. Poenit., ed. J. Petit, Paris, A.D. 1677, torn. i. p. 330.]

320 WINCHELSEY'S CONSTITUTIONS [A.D. 1305.

divine offices was contained, the same I take it with the pie, or portuis,
sometimes I conceive called portiforium.

1 The whole mass-book used by the priest.

k Manual is now, I conceive, called the ritual, containing rites, direc
tions to the priest, and prayers used in administering baptism and other
sacraments, and sacramentals, blessing holy water ; and as Lyndwood adds,
the whole service used at processions.

1 The cup for the wine and water, with a cover, which was the paten.

m That is, the best cope for the most solemn holy days*.

n The garment worn by the priest next under the cope, which was called
also the planet.

0 The deacon's garment.

p The sub-deacon's garment.

q That is, a cope not so good as that to be used on festivals, but to be
worn by the priest who presided at the saying or singing the hours.

r Viz. the alb, amyt, stole, maniple, girdle.

s A square piece of linen cloth covering the altar, and handing down
from it, otherwise called a pall.

1 Lyndwood says there ought to be four, and cites for it de Consecr.
dist. 2. c. 27.

u Rochet is a surplice, save that it hath no sleeves, but was for the
clerk that served at mass, or for the priest when he baptized children.

x To be laid on the coffin, I conceive, or the corpse, when it was brought
to the church.

y The osculatory was a tablet, or board, (it is asser ad pacem in the
constitution of Gilbert Sarum, Sir H. Spelrnan p. 363 f,) with the picture of
Christ Jesus, the Virgin, or the like, which the priest kissed himself, and
gave to the people for the same purpose after the consecration was per
formed, instead of the ancient kiss of charity. Lyndwood should certainly
have added the chrismatory, which was a necessary part of the furniture
of every church, and which was the small vessel in which the chrism, or
holy ointment for anointing persons in baptism was contained. See the
first note of this constitution.

I must add Lyndwood's observation, that the people are obliged to find
but one book of each sort, and most particulars are expressed in the sin
gular number, from which he concludes that if more were necessary the
incumbent must provide them j.

It is somewhat strange that here is no mention of organs among the
furniture of the church. It is certain they were in use long before this
time ; Durandus in the former century not only mentions them, but con
tends for the antiquity of them §, though his arguments do not seem deci-

* [For the correction of Johnson's J [Johnson seems to have overlooked

mistake respecting the cope, see above, the latter part of the gloss to which he

p. 177, note J.] refers. See Lyndwood, Provinciale, p.

t [Rather in Synod. Exon. a Petro 252. gl. Calicem.]

Quivil celebr. A.D. 1287. c. 12. Spel- § [Durandus de Ritibus Ecclesiae,

man, vol. ii. p. 363 ; Wilkins, vol. ii. lib. i. c. 13.]
p. 139.]

A. D. 1305.] AT MERTON.

sive to judicious men. It seems very unaccountable that Thomas Aquinas
should declare that the Church had not assumed musical instruments for
praises of God, 2se. Q. 91. A. 2.* I am of opinion he only means that the
Church had not established the use of them by any decree, law, or canon :
and this may be said of the Church of Rome at this day : even the couu cil
of 0^-ent takes no farther notice of them, but only to forbid any thing th^t
was lascivious or impure in the music, either of the organ or voice : and I
can find no mention of instrumental music in the whole Corp. Jur. Can.
But though the Church had never authorized the use of it, yet clergy and
people had by unanimous consent voluntarily taken it up : and it is con
tinued among the protestants as well as among the papists on the same
foot. And I conceive it will be impossible to reconcile what is said by
Durandus concerning the antiquity of Church music, and the use of it in
his time to the affirmation of Aquinas upon any other foot. For these
two great writers were for many years alive together, and Durandus was
made dean of Chartres the same year that Aquinas died ; and therefore
he could never have supposed that Church music was ancient, if it had
been introduced since Aquinas wrote his Sums. The reason why we know
not the beginning, and have no account of the continuance of this, as of
other things through the several ages of Christianity, was, that the Church
never made any laws or canons about it, but it was taken up and carried
on by the tacit approbation of all : if any opposition had been made to it,
this would have given occasion for writers to have spoken more largely
of it. I would not be understood to mean that what we now call the
organ, and which is named torselli among the Italians, is of any great an
tiquity. I readily grant, that this was later than the date of this constitu
tion, and was first invented by Sunatus 1312f. But I see no cause to
doubt but other instrumental music, and such as then passed under the
name of organ, prevailed long before : but still by permission only, not by in
junction. And whatever some antiquarians have said to the contrary, it
is certain Clem. Alexandrinus allows of it ; and that not only in private,
but in the Church. Pcedag., lib. ii. c. 4. versus finem. And I see no
more reason for saying that instrumental music is of Jewish original in
the service of God, than that vocal music is so. They both bear the same
date. In saying this I plead not the cause of the Church : for she nowhere
requires instrumental music ; nor do indulge my own temper ; for I am
perfectly unmusical : but I thought it a piece of common justice to say
thus much in behalf of the sons of Jubal.

[Sir H. Spelman in his Glossary has cited the book of Ramsey, sect. iii. [Addenda.]

* [S. Thomae Aquinatis Summa pneumatica, quse hodie usurpantur,

Theol., torn. v. p. 887. ed. Romae, 1773.] Italice Torsellos dicta, primus omnium

f [MARINUS SANUTUS, seu Sanudo, in ecclesiam induxit: inde datum ei

cognomento Torsellus, patricius Vene- Torselli nomen. Claruit anno 1312. —

tus, Marci filius ; in parochia Severi, H. "Wharton, in Cave, Hist. Lit., vol. ii.

civitate Rivoalti, Venetiis natus; fami- Sasculum Wicklevianum, p. 15. This

liaris et domicellus Richard! cardinalis can only be true of a modification of

diaconi S. Eustachii. Germani cujus- the instrument which the Italians com-

dam artificis opera usus, organa ilia monly call ' Organo.']

JOHNSON. V

322 WINCHELSEY'S CONSTITUTIONS [A.D. 1305.

fol. 46, for saying, that on the death of King Edgar, the choir of monks and
their organs were turned into lamentations. This seems a fair proof that
instrumental music, if not organs, strictly so called, were now in use. If
this be not full evidence, yet that of W. Malmesbury is : he tells us that
Dunstan in the time of Edgar, gave many great bells and organs to the
churches in the west. And he so describes the organs, that they must
have been very like ours, viz. Organa ubi per cereas fistulas musicis men-
suris elaboratas dudum conceptas follis vomit anxius auras : they had
brass pipes and bellows : (see de Vita Aldhelmi, pag. 33*.) This monk was
born within little more than a hundred years of Dunstan's death. He
tells us the organ at Malmesbury had an inscription, shewing who was the
donor of it. This writer was by a hundred years more ancient than
Thomas Aquinas. This then is a demonstration that organs were used in
the Church before his timef .]

2 This is in Lyndwood's text only, who tells us it was intended for such
as were neither rectors nor vicars, and yet bound to some things not here
expressed, as in case a dying person onerate his heirs with this expense :
he observes that in London the parishioners repaired the chancels, and
provided lights for the church at their own expense ; and that in some
places the vicar found only two candles J.

[Lynd., 5. Let not astipendary priests, or any other priests who
speiman, live upon their own, or are maintained by their friends, and
p°43g now celebrate divine offices in the province of Canterbury,
Wilkins, receive any oblations, b portions, obventions, c perquisites,
p°280§.] trentals, or any certain part of them, especially oblations for
the dbodies of the dead, when present, without the licence
of the rectors or vicars of the churches; nor carry them
away to the prejudice of the rectors or vicars, or their sub
stitutes, lest they incur the sentence of the greater excom
munication e already passed ^f. And we decree, that such
priests be present in the chancel, not the body of the church,
churchyard, or fields, at matins, vespers, and other divine

* [ed. Wharton, Anglia Sacra, pars ut prius, in divinis. W. The rest of

ii. p. 33.] this constitution is in a different order

f [For a drawing of an Anglo-Saxon in Wilkins, where the following pas-
organ from the Psalter of Eadwine, see sage not translated by Johnson is given
Strutt's Antiquities of the English, from MS. Cot. Faustina, A. 8. only :
vol. i. p. 110. pi. xxxiii. fig. 12. Com- Item, si oporteat tres vel duas mis-
pare Lingard's Hist, of Anglo- Sax. sas die aliquo in ecclesia parochiali
Church, vol. ii. appendix, p. 375-7.] celebrari ; unam viz. de die, aliam de

J [Lyndwood, Provinciale, p. 253, trinitate pro benedictione nubentium,

gl. Ad quos pertinent.'} et tertiam pro defunctis ; volumus et

§ [" Ex MS. Cott. Faustina. A. 8. statuimus, quod presbyteri ibidem ce-

et MS. Lamb. 17. et MS. Elien. 235. lebrantes juxta assignationem rectoris

et MS. Oxen, colleg. B. M. Magdal. seu vicarii aut eorum parochialis pres-

112."] byteri, unam vel duas ex missis eisdem

H [Lyndwood and Johnson omit, et celebrent die ilia sine contradictione

irregularitatem incurrant, miscendo se, quacunque. Wilkins, vol. ii. p. 281.]

A. D. 1305.] AT MERTON. 323

offices at proper hours in surplices purchased at their own
cost. And if they are reproved on this account by the pre
sidents, let them not malapertly lift up themselves against
them, or excite others to protect them. And they ought to
be enjoined in virtue of obedience to be present at the said
hours, and join in reading, singing, and psalmody. Let the [Lynd.,
said priests on Lord's days, festivals, or when a dead body is p* 110'-'
there present, begin their masses after the gospel at high
mass* is ended; not before, unless they have first asked
and obtained leave of the rector, vicar, or other president.
Let the said priests on the Lord's day or festival after their
admission, swear before the rectors or vicars, or their
deputies, at high mass (or otherwise before the ordinaries)
'on the holy [g books or relics] lying hopen, on which they
are to have their eyes fixed f, that they will do no damage
to the churches, or chapels, or the rectors, vicars, or their
substitutes, or to any 1 party concerned as to the oblations,
obventions, perquisites, k trentals, or other rights, whatever
they be, or however called ; but that they will to their power
secure and preserve them from damage in all and singular
the premisses. Let them especially swear not to raise hatred,
scandals and contentions, in any wise between the rectors
and parishioners; but to their power promote concord be
tween them. We farther will and command that the said
priests presume not to celebrate in such churches or
chapels till they have been sworn in this form; if the
rectors, vicars, or others aforesaid, will and require them to
be so sworn : and we decree that if any priest presume to

* [majoris missae, Lynd.] quod sit aliqua tabula non clausa in

f [factis et apertis coram ipsis sa- qua sint sacrae reliquiae repositae ; vel

crosanctis evangeliis ; W. quod ipsa sacra reposita sint forsan in

The text and glosses of Lyndwood, aliquo vase non clauso : utputapyxide,

upon which are founded Johnson's cupa, vel area ad hoc praeparata.
translation of this clause, and his notes Et inspectis. Nota, non dicit tactis,

upon it, are as below ; sed tantum tria hie ponderat, scilicet

Apertis coram ipsis sacrosanctis et in- quod res super quam juratur sit sacra ;

speeds, — quod sit aperta et non clausa ; et quod

Apertis. Hasc dictio innuit sacro- videatur. . . . Corporale juramentum

sancta, de quibus dicitur infra, talia requirit tactum, ut notant Card, et alii

esse debere quae claudi et aperiri pos- Docto. d. c. ut circa, nee sufficit levare

sunt ; ut puta liber, et hujusmodi, et manum versus ecclesiam vel altare vel

debeat aperiri, ut videre possit jurans aliam rem sacram. Immo corporaliter

qualitatem rei super quam jurat. debet tangi cum manu si habeat: alias

Sacrosanctis. Non dicit Evangeliis. cum lacerto, vel humero, vel capite,

Unde ut videtur sufficit quod sit liber non autem cum pede. — Provincial,

sacer in quo non sint Evangelia ; vel p. 110.]

324 WINCHELSEY'S CONSTITUTIONS [A.D. 1305.

officiate contrary to this prohibition, he do by that means
incur an irregularity, besides other punishments which the
canons ordain to be inflicted on the violators of constitutions.
And if the chaplains aforesaid being so sworn before any
competent judge be afterwards convicted by lawful proof of
having broken their oath, or being defamed on that account
cannot purge themselves, let them be wholly cashiered and
interdicted from the celebration of divine offices within our
province, as being perjured, till they are dispensed with in
[Lynd., a * canonical manner. And we ordain that the said priests
p. 330.] ^Q .^ kear ^e confessjons 'Of the people m belonging to the

said parishes, or chapelries of the churches wherein they
minister *, unless in cases n allowed by law : and if they
transgress, let them incur the ° crime of sacrilege, unless
they do it by the leave of the president first asked and
[p. 69, 70.] obtained. And let them not be guilty of detraction toward
the rectors or vicars of the said churches or chapels, where
they celebrate, but behave themselves with reverence and
humility. But the said rectors, vicars, and substitutes,
ought favourably to receive the said oath ; and to keep in
their churches a written copy of the premisses, and of other
statutes made to this purpose. pAnd they shall not keep
taverns, shows, stews, or unlawful games f-

* Stipendary priests are such as have no title in the church, says Lynd
wood, but are maintained by saying masses, or doing other offices in the
church J.

b That is, a third, fourth or fifth share of the oblations.

0 Lat. Denarios pro requestis §, or Denarios perquisites : both phrases
are used in this constitution ; the meaning is, pence given for the com
memoration of any departed soul, in the offices of the Church.

d Meaning, for the souls of the bodies brought to church in order to be
buried.

e In the council of Oxford under Langton, 1222, constit. i., for such
were deemed invaders of ecclesiastical rights : yet Lyndwood is willing to
allow them one penny ^j.

* [parochianorum ecclesiarurn vel Archbishop Winchelsey at Merton, and
capellarum in quibus divina celebra- which Lyndwood gives as "attributed
verint, W.] and ascribed" to the same archbishop.

f [In Wilkins, after the foregoing Compare Spelman, vol. ii. p. 437.

constitutions in a somewhat different Wilkins, vol. ii. p. 281.]

order, follows, 'Forma juramenti ex- * [Provinciale, p. 237, gl. Stipen-

tracta e prsemissis,' as in Spelman, but darii.~\

neither Wilkins nor Spelman gives the § [So Lyndwood ; Wilkins has de-

next constitution, which Johnsoji makes narios pro requisitis.]

the sixth, among the constitutions of ^[ [ Ullo modo. Quod tamen sacer-

A. D. 1305.] AT MERTON. 325

f That is, the rectors, vicars, or their substitutes, that is, the curates.

e Lat. Sacrosanctis, without a substantive, but I take the additional
words from Lyndwood.

h Lat. apertis, et inspectis sacrosanctis. The Oxford copy has inspectis,
et tactis, Sir H. Spelman apertis et tactis coram ipsis. But both these
copies last mentioned are apparently full of mistakes in these constitu
tions ; therefore I follow Lyndwood and Archbishop Courtney's rehearsal
of this statute in the Oxford copy, p. 61, who particularly observes that
tactis is not, or ought not to stand in this text, and that therefore it is
not a corporal oath ; for the touching the book or relics made it corporal.

1 The farmers, says Lyndwood, may here be meant*.

k What was paid for saying a mass for a soul departed, for thirty days
together, or on the thirtieth day only, says Lyndwoodf.

1 By the pope.

m Lat. Parochianorum vel capellanorum*.

n That is, at the point of death, when no other priest can be had, or by
a papal dispensation, or the incumbent's licence.

0 This was called sacrilege against an ecclesiastical person, the penalty
was excommunication ipso facto.

p Lyndwood has not this last clause : Sir H. Spelman places it more
aptly after reverence and humility, and I once for all observe to my
reader, that the series of several clauses in this constitution is not certain §.

6. Holy Church hath ordained that prelates and ordinaries [Lynd.,
reclaim heretics, and such as are wavering in the catholic ^min
faith, to ecclesiastical unity, and compel them to continue in vol. ii.
the faith to which they are called. We understand that p* °02^
some parishioners are perverted to heresy and distrust ; re
linquishing the articles of the Christian faith, opposing
ecclesiastical liberties, they impudently attempt to rob the
Church of her right, by retaining tithes due by law to the
churches, and withdrawing other church dues. And he who
does not, when he can, revoke another from error, shews that

dos celebrans de oblationibus habeat ad eandem, non recipiens nisi tertiam

unum denarium, prout observatur in partem ; quibusdam religiosis viris duas

quibusdam locis, non reputo incon- partes obtinentibus, ibid. p. 111.]

gruum, maxime de consensu rectoris f ^Tricennalia. Id est trigintalia.

vel vicarii. Lyndwood, Provinciale, p. Solent namque aliqui facere celebrari

237.] triginta missas secundum certum ordi-

* [Quorum interest. Utputa, firma- nem institutum, ut dicitur per Beatum

riis forsan, vel aliis personis, quae in Gregorium. Solvuntque aliquod cer-

obventionibus ecclesiae certam habeant turn celebranti pro suo labore. Vel di-

portionem ; quandoque duas partes: cuntur Tricennalia, ea scilicet quse ob-

quandoque tertiam partem : quando- veniunt in solennitate diei tricesimi.

que mediam partem; prout in multis Ibid.]

ecclesiis observatum est: quarum ta- J [So Lyndwood, p. 330.]

lem et ego quondam obtinui, et de ob- § [The series of the clauses is the

ventionibus quibuscunque ad infra vel same in Wilkins as in Spelman.]
ad extra pertinentibus et venientibus

326 WINCHELSEY'S CONSTITUTIONS [A.D. 1305.

he is not himself free from it : when therefore the Church,
and the rectors of churches, do not force such sons to pay
their tithes, they destroy both their sons and themselves.
*" Whereas therefore by the command of Holy Scripture
tithes are to be paid of all things yearly renewing without
any diminution, without excepting any time, it is therefore
allowed to every parish chaplain to compel his parishioners
to pay tithes by ecclesiastical censure. Therefore we on
account of the daily defects and malice of men command you
all by virtue of obedience, that ye diligently admonish, and
effectually persuade, or that every one of you in your several
parishes, cause your parishioners to be persuaded, entirely
to pay the tithes hereunder mentioned ; that is to say, tithes
of milk from the time of its first renewing, and in the month
of q August, as well as in all other months, of the profit of
woods, mast, trees if sold, parks, fish, stews, rivers, ponds,
r fruit of trees, cattle, pigeons, seeds, fruits, s beasts in
warrens, fowling, gardens, t court-yards, wool, flax, wine and
grain, turfs, where they are dug and made, swans, u capons,
geese, x ducks, eggs, hedge-rows, bees, honey, wax, mills,
what is caught by hunting, handicrafts, y merchandise ; as
also lambs, calves, colts, according to their values. And let
competent satisfaction be made for the profits of all other
things to the churches whereunto they belong by law ; no
deductions being made on account of paying tithes, excepting
only in handicrafts and merchandise. And if men out of
contempt do not obey their monitions, let them compel them
to the payment of them by the sentences of suspension, ex
communication, and interdict.

i Upon what pretence the people pleaded exemption from paying tithe
of milk in August, Lyndwood does not inform us f. Probably it was be-

* [Compare the remainder with twice; but that cheese, if made as

Cone. Prov. Ebor., Wilkins, vol. iii. p. usual in spring and summer, should be

604, quoted below, A.D. 1466. 11.] tithed, and not the milk, the latter pro-

f [Lyndwood' s text is, " scilicet de- duce being subject to tithe in autumn

cimam lactis a primo tempore suae no- and winter, when cheese was no longer

vationis tarn mense Augusti quam aliis made. The mention of August in the

mensibus :" and he refers to his glosses above constitution was doubtless to meet

on a previous constitution of Arch- the case of those who left off making

bishop Winchelsey, Provinciale, p. 194, cheese before the end of summer, and

where he fully explains the matter, by might claim exemption from paying

stating that the tithes of milk and cheese tithe of milk till the beginning of Sep-

were never to be paid at the same time, tember.]
lest the same produce should be tithed

A. D. 1305.] ATMERTON. 327

cause this was the principal harvest month, and men thought it too much
to pay tithe of milk, while they were paying tithe of corn, and fed their
harvesters with the milk.

' Here Lyndwood has trees only, and by this word understands trees of
the longest growth, and labours to prove that such tithes ought to be

Wild beasts, says Lyndwood, and affirms tithes of them to be due, if
they are kept, or guarded f.

t Where herbs and flowers grow J.
" The Oxford copy adds peacocks.

* In our parts, says Lyndwood, tithe is paid both of the eggs and
gulls of ducks §.

r Here Lyndwood takes pains to prove that the farthing paid for every
ten shillings of yearly rent in London on every Sunday, and holyday that
had a vigil, was not intended as a composition for personal tithes, or as a
tithe of their merchandise, which therefore he affirms to be due over and
above the said farthings If.

N.B. It is not necessary to suppose that all these six constitutions were
made in the same council, nay, it is probable they were not.

* \Arborum. Etiam grossarum I \_Cvrtilagiorum. Vulgare est mm

De lio-nis debetur decima . . . lignum omnium patriarum, sed certarum. Est

proprfe sumptum dicitur quod ad com- enim curtis mansio, vel manenum ad

burendum non ad sedificandum, dis- inhabitandum cum terns, possessio-

ponitur • sed satis constat multas gros- nibus, et aliis emoluments ad tale

sas arbores non valere ad aedificandum, manerium pertinentibus. . . . Unde

sed potius ad comburendum : ergo si curtilagium dicitur locus adjunctus tali

tales arbores prosternantur, debet de curti, ubi leguntur herbae, vel olera :

eis solvi decima.— Lyndwood, Provin- .-ic dictus a curtis, et lego legts pro col-

ciale, p. 200. The corresponding words ligere, ibid.]

in the parallel passage of Archbishop § [Anatum. Horum aliqui non sol-

Nevill's constitutions are, ' arborum vunt decimas sicut nee de pullis galh-

prostratarum et excisarum.' See Wil- narum, eo quod de ovis solvunt deci-

kins vol iii p 604.] mam. Consuetude tamen in partibus

t '[Be'stidrum guarenarum. Sc. fera- meis habet contrarium, ut sc. tarn de

rum bestiarum, quse sunt sub custodia ovis, quam de pullis solvant decimam.

certorum custodum positse, ut patet in Et haec consuetudo est valde rationa-

saltibus, forestis, parcis et aliis locis ad bills propter incrementum inde prove-

nutriendas feras bestias deputatis . . . niens; vel istud intelhgi potest de ana-

Dicitur guarena a guardia quae idem tibus feris. ibid.]

est quod custodia.— Provinciate, p. f [Cf. ibid. p. 201. gl. NegolMtto-

A.D. MCCCVIII.

ARCHBISHOP WINCHELSEY'S CONSTITUTION.

Some excerpta concerning matrimony taken from the synod
holden at a Winchester, A.D. 1308,, by Robert Winchelsey,
archbishop of Canterbury, extant in the Oxford copy
only.

a There is no mention of this council, or of the following excerpta any
where, to my knowledge, but in the Oxford copy of the provincials.

forbid b abjurations of such women as have been cor-
ruPted ty fornication for the future f. But let the offenders
be bound with an oath, that if hereafter they confess or are
convicted of having been guilty of a relapse, they will with
out contradiction submit to a corporal punishment to be
determined by the discretion of the president, due considera
tion being had of the condition and circumstances of their
persons. But if they have incurred that punishment, and
are convicted, or do confess that they have relapsed a third
time, then let the man and woman contract in this form,
" I do from this time forward take thee for my wife, if I shall
hereafter carnally know thee :" and let the woman answer,
" I also take thee from this time forward for my husband, if I
shall hereafter be carnally known by thee." And that what
has been done in such cases may more certainly be known,
we charge that this form of contract be drawn up in writing :

* [" A.D. 1305. Constitutio domini •}• [Abjurationes autem fornicaria-

Roberti Winclielsey archiepisc. Cantuar. rum sub poeria pecuniaria fieri prohibe-

de abjuratione concubinarum. Ex MS. mus omnino, W.]
coll. Omn. Anim. Oxon."]

\

A. D. 1308.] WINCHELSEY'S CONSTITUTION. 329

and we charge that this form of contract be duly observed
without contradiction, as in true contracts'*.

b It should seem it had been the practice of ecclesiastical judges in
case of conviction for simple fornication to oblige both parties to abjure
familiarity with each other for the future : but this, as might easily have
been foreseen, proved inconvenient, therefore instead of forswearing each
other's company, they were to promise on oath quietly to submit to corpo
ral punishment, in case they should be convicted a second time. But the
punishment of the third conviction was a mutual contract, on condition
they offended the fourth time. This was done upon supposition that such
a contract was to one of the parties at least, a greater punishment than
bodily smart : and it may be so no doubt in many cases. And a convic
tion of a fourth relapse does sufficiently shew that one or both parties
thought marriage a greater punishment than any penance that the court
could enjoin. A neighbouring nation suspected by none for want of wit
make matrimony the punishment of fornication, in case an impregnation
be the consequence of it.

* [Tn Wilkins follow these words; thus given:

Adde ad istam constitutionem etiam de Adde ad istam constitutionem Extra,

co, qui duxit in mulierem, quam pol- de eo qui duxit in uxorem quam prius

luit per adulterium. polluit per adulte. c. significavit. per B.

In Lynd. app., p. 37, the addition is et alios Doctores.']

A.D.

SUPPOSED CONSTITUTIONS OF ARCHBISHOP REYNOLD.

[Wiikins, THERE is in Sir H. Spelman, vol. ii. p. 488, &c., a collec-

p 675* 1 ^on °f eig^ constitutions attributed to Walter Reynold,

archbishop of Canterbury ; but the main of them are indeed

the constitutions of John Stratford, archbishop of the said

provincef.

1. The first is the fifth extravagant of Archbishop Strat
ford, in which he cites a constitution of Simon Mepham,
who succeeded Walter Reynold in the archbishopric, and
therefore could not make constitutions to be cited by his
predecessor.

The second is part of the sixth extravagant of the said
John Stratford.

3. The third is the third extravagant of John Stratford,
save that no provision is made for the official if he induct
the clerk.

4. The fourth is the second extravagant of John Stratford
curtailed.

[ Spelman, 5. The fifth I find nowhere else, and it contains somewhat
P°49i*. particular, and therefore my reader shall have it here.
Wiikins, it* is the complaint of many that secular judges and others
p. 677.] make an objection of bbigamy against clerks when they are
taken and imprisoned for their crimes, and demand to be

* [Concilium provinciate Cantuar. praedecessoris sui et hunc Simonem

in quo constitutiones Johannis Stratford, Mepham fuisse (qui Johannis Strat-

archiepiscopi Cantuar. editce sunt. Ex ford decessor fuerat) ex constitutio-

MS. Cotton. Vitellius A. 11. fol. 92. b. num ejus capite v. cujus contenta hie

To the foregoing title Wiikins adds citantur, aperte patet. Clar. Spelman-

this note: nus codicem Cotton, secutus, anachro-

MS. codex Cottonianus constitu- nismum xx. annorum in collocandis

tiones has Waltero Reynold, archie- constitutionibus commisit. Wilkins's

piscopo Cantuar. attribuit Ast non date is A.D. 1341.]
ab ipso, sed Johanne Stratford arch. f [Compare Spelman, vol. ii. pp.

Cantuar. promulgatas fuisse exinde 488, seq. 572, seq.; and see below,

constat, quia sub initio constitutionum A.D. 1342 — 3.]
inentio fit S. archiepiscopi Cantuar.

SUPPOSED CONSTITUTIONS OP ARCHBISHOP REYNOLD. 331

sent to the ecclesiastical court ; and so usurping and unduly
executing a cognizance of this case by a jury of laymen, they
stick not to hang clerks ; ' although the cognizance and trial
of bigamy ought to belong to the ecclesiastical court, as de
pending on the validity of matrimony; since the secular
court cannot judge of matrimony, and such matters as re
ceive their effects from matrimony, as dowry, and bastardy*.
Farther, he who marries a c widow, or two women, often
times does not contract bigamy according to them, and
they do not esteem some to be bigamists who really are sof.
Sometimes also clerks, though neither caught in the fact,
nor convicted, are taken by a lay power and kept in gaol as
criminals, or suspected of crimes, or personal injuries, and
not resigned to their ordinaries when they demand to have
them freely tried according to the canons ; by which ecclesi
astical liberties are confounded while clerks are judged by
laymen ; and they sentence men for a fault who are perfectly
ignorant of it : therefore we ordain that if such as affirm
themselves clerks being taken and imprisoned on the ac
count that bigamy is objected against them, or if other
clerks found in possession of their d clerkship are imprisoned,
that then the detainers of them who refuse to resign them at
the request of the ordinaries be publicly denounced excom
municate. Let the cities, castles, vills, and places of our
province, where clerks have been condemned to death on ac
count of bigamy, and in which clerks being detained have
not been delivered at the request of the ordinary, and the
lands of the detainers, suffer ecclesiastical interdict till they
are surrendered to their ordinaries, and competent satisfac
tion be made by their proceedings in the premisses. Let
such as contrive and charge clerks with feigned imaginary
crimes, for which they are taken and unjustly detained, be
publicly denounced (as they are) excommunicate.

a It is probable this was only a rough draught never enacted, or else
it hath met with miserable transcribers : for it is without any proper syn-

'* [quamvis bigamiae, quse ex ma- utitur, secularis potestas nequeat judi-

trimonii dependet viribus, cognitio, et care. W.]

discussio ad forum Ecclesiae^ debeant f [Johnson omits, Sicque fallens lai-

pertinere, cum de matrimonio, et hiis, cos oculorum judicium, ipsos cogunt

quae sumunt ab ipsis efficaciam, ut in aestimare bigamos, "qui nunquam con-

causa dotis et bastardize curia secularis traxerant bigamiam. S. W.]

332 SUPPOSED CONSTITUTIONS OF ARCHBISHOP REYNOLD.

tax, especially as to the former part of it, though the sense is not very
difficult.

b A clerk that had successively married two wives, lost all his privilege
by the canon law. Therefore the secular judges thought they might safely
treat such as laymen, hut this could not be borne.

c He who married a widow or a corrupted maid was a bigamist accord
ing to the canon law, or rather was treated as a bigamist : our temporal
courts did not allow of this.

d That is, tonsure and clerical habit.

6. The sixth is the first extravagant of John Stratford,
with some alterations, which the reader shall have in their
proper place.

7. The seventh is the seventh extravagant of the said John
Stratford, but curtailed.

8. The eighth is the eighth extravagant of the said John
Stratford, with small variations. The following constitutions
are not in Sir H. Spelman.

A.D. MCCCXXII.

ARCHBISHOP REYNOLD'S LATIN CONSTITUTIONS.

THE provincial constitutions of the lord Walter Reynolds, LATIN.
archbishop of Canterbury, published in the second council ^33.'
holden at Oxford, A.D. 1322, in the sixteenth year of the Sir H.
reign of King Edward II., John the First, alias two and

twentieth, being pope. P- 498*-

1. How reverently, contritely, and devoutly men should app., p. 39.

go to the sacrament of order is shewn by this, that it is con-
ferred by none but the high-priest, that is, the bishop, and p. 5i2f.]
at certain places and times, with fasting, not only by such
as are to be ordained, but by all the people : therefore re
garding the canons, we forbid any to come or be admitted
to orders without canonical examination. Let no lesser
clerks* be admitted to the inferior degrees, unless they have
proper presenters, and upon their testimony let them be ad
mitted. Let no simoniac, manslayer, excommunicate, usurer,
sacrilegious person, incendiary, falsary, or any one under a
canonical impediment presume to go into any orders what
soever; nor let him in anywise be presented or admitted
to them. Let not 'such as have been ordained in Ireland, [Lynd.,
b Wales, Scotland, or elsewhere, without letters commenda-p'^

* [Sir H. Spelman gives the first, dispositas, ac paululum aliunde auctas,

third, fifth, seventh, eighth, ninth, and ex MS. Cott. Otho, A. 15, fol. 133 b,

tenth of the above constitutions as the Simoni Mepham archiep. Cantuar. ad-

constitutions of Archbishop Simon Me- scripsit clar. Spelmannus ; quas et MS.

pham at a council of Lambeth. See Lambethense, n. 17, eidem archiepis-

below, A.D. 1330. 1 — 6.] copo acceptum refert. Codex Eliensis

f \_" Constitutiones provinciates domini n. 235, autemStephano(Langton) arch-

Walteri Reynold, Cantuar. archiepi- iep. Cantuar. attribuit. Lyndwoodus,

scopi, editce in concilia Oxon. Anno Dom. ejusque commentator Johannes de

MCCCXXII. Ex Lyndw. Provinc. ap- Atona a Waltero Raynold, archiep.

pend. p. 39, seq." Cantuar. eas editas esse asserunt, quo-

To the foregoing title Wilkins adds rum opinionibus subscribens ad A. C.

this note : MCCCXXII. collocavi.j

Constitutiones has alio tamen ordine

334 REYNOLD'S CONSTITUTIONS. [A. D. 1322.

tory or dimissory from their own ordinaries *, be admitted
by any one within our province to officiate unless in case of
great necessity ; and that even they be dispensed with by a
c sufficient authority, or their order so taken be ratified by
the ordinaries. Provided, notwithstanding, that they be in
no wise admitted without good evidence of their having been
ordained, and of their good life and learning. And we
charge that priests unknown d, that have no evidence of
their ordination, be not admitted to celebrate divine offices
in churches without the e licence of the diocesan bishop, after
they have given sufficient assurance of their ordination by
[Lynd., letters testimonial, or by the testimony of good men. And
we enjoin fabbots and priors not to cause their monks and
canons to be ordained by any other bishop except the dio
cesan, unless it be done with the letters dimissory of the
bishop, or of his vicar-general in the bishop's absence,

a Proper presenters oft secular clerks are the archdeacons ; of regulars
their abbots, priors, &c. Lynd wood f.

b Sure the archbishop had forgot that Wales was part of his province.

0 That is, by the pope, his legate, or the bishop. Lynd wood.

d Though they were ordained, and even born in the diocese where they
dwelt. Lyndwood in this page gives it for law, and proves it by authori
ties, that a man well known and of good fame, who hath long been re
puted to be in orders, shall not be obliged to prove his ordination by
letters, or any other evidence J ; and our common law at this day says
the same.

6 For in other cases the bishop's licence was not necessary, nor is at this
day, to qualify a man to celebrate divine offices, but only to preach or be
a curate, et exceptio format in non exceptis.

f Lyn dwood acknowledges that exempt houses of monks and religious
were not bound by this constitution §.

[p. 34.] 2- Let priests often exhort the people to have their chil
dren confirmed : for that sacrament ought to be received
after baptism. If the person to be confirmed be s adult, he
is to be admonished by the priest of the place first to go to
confession, and then to be confirmed : and let him come

* [Itemordinatiin Hibernia, Wallia, tatos. Provinciate, p. 33. Cf. ibid. gl.

vel Scotia maxime sine literis sui dice- Pr<zsentatores.~\

cesani, et nostris commendatoriis seu J [Provinciale, p. 47-8. gl. Con-

dimissoriis, W.] stiterit.']

f [Idoneos. Videlicet archidiaconos, § [Ibid., p. 32. gl. Loci dicecesano.~]

vel alios ad hoc per ordinatorem depu-

A. D. 1322.] REYNOLD'S CONSTITUTIONS. 335

fasting to confirmation in honour to that sacrament. And
let parents be often admonished by the priests to carry their
baptized children to the bishop for confirmation; and not
stay long for the coming of the bishop, but carry them to
him when he is hin the neighbourhood as soon as may be
after baptism : and carry filets sufficiently large along with
them. And let the children on the third day after confirma
tion be carried to the church, that their foreheads may be
washed in the k baptistery by the priest's hand in honour to
the chrism; and at the same time let the fillets be there
burned. ' Let no child be held at confirmation by its father
or mother, stepfather or stepmother. And our will is, that
this prohibition be often published in the church by the
priests, that parents and others who hold children at con
firmation, may know that a spiritual relation is contracted at
this sacrament as well as at baptism. Let parents take great [Lynd.,
care that they do not a second time offer their children to be p* *°'^
confirmed ; because the children, if males, are by the repe
tition of the sacrament made m irregular, and the parents by
such neglect are "by the canons liable to severe punishment.

s Adult, that is, fourteen years of age. Lynd wood *.

h Within seven miles, says Lyndwood.

1 To bind the forehead, and dry up the chrism with which the bishop
anointed the child f.

k Not in the font, says Lyndwood, nor with baptismal water, but in the
place where the font stands, and with water provided for that purpose.

1 The reason of this was, that by the canon law the spiritual affinity
contracted between the sureties and the baptized did not only obstruct
marriage not yet contracted, but dissolved marriage already contracted
and consummated : you have a remarkable proof of this, causa xxx.
dist. 1. c. 1, yet this was mollified by Pope Boniface the Eighth, as you
may see, Sext., lib. iv. tit. iii. c. 3, so that marriage not yet contracted
only was dissolved by such consanguinity. Yet this it should seem was
not come to the knowledge of the present archbishop though done

* [ddultis, i. e. Major 14. annis ; quagesimo anno. Quinta est aetas se-

pro cujus intellectu nota quod sex nilis, i.e. gravitas : et terminatur in 70

sunt setates hominis. Prima infantia, anno. Sexta est senectus, quae nullo

et terminatur in septimo anno, se- annorum termino finitur. Senium

cunda dicitur pueritia, et terminatur vero est ultima pars senectutis : et ter-

in 14. anno. Tertia dicitur adulta aetas minatur inmortesecundum,/.mi — Pro-

sive adolescentia et terminatur in 28. vinciale, p. 34.]

anno, vel. 25. anno secundum jura. f [Ibid., p. 34-5, gl. Fascias. — Li-
Pandect, de mino. I. 4. infi. Quarta di- gatums.~]
citur juventus: et terminatur in quin-

336 REYNOLD'S CONSTITUTIONS. [A. D. 1322.

twenty-four years before, viz., A.D. 1298, or else the archbishop was
willing to remove all scruples that superstitious men might raise upon
this account.

m That is, incapable of benefice or orders without dispensation.

n Lyndwood owns himself ignorant of any such canons * : and indeed the
irregularity incurred by the child baptized seems only to have been a
harsh construction of an unreasonable canon, that one twice baptized,
though ignorantly, should not be admitted to orders. But certainly the
present archbishop was the most cruelly rigid and superstitious of any
man that ever sat in this chair, and this constitution contains as great
proofs of it as well can be imagined.

[Lynd., 3. Let the sick man's oil be carried with great reverence

p' 36>1 to the sick, and let the priests anoint them with great devo
tion, and with the celebrity of prayers provided for this pur
pose. And let the priests of the Lord often exhort the peo
ple, that is, all that are fourteen years old and upward, to
receive extreme unction, [°and let them shew themselves
ready to give it to all without distinction, when there is
occasionf.] And let them be informed, that after the re
ceiving of this sacrament, they may, if they recover, return
again to the conjugal duty : pand let the holy oil and chrism
be kept safely under key, that no profane hand may reach

[p. 41.] it for horrible purposes J.] And let them teach the people
that the sacrament of extreme unction may be received again
after one year be past and gone ; that is, once in one year, in

[p. 36.] grievous sickness when there is a fear of death. This sacra
ment is necessary, as appears from the words of St. James,
eh. v. 14, 15 §.

• This is not in Lyndwood, though the last words seem necessary to
complete the sense.

p Lyndwood has omitted this also. The horrible purposes were no
doubt, sorcery, witchcraft, &c.

[p. 52.] 4. Let rectors of churches and priests be diligent in what
concerns the honour of the altars, especially when the holy

* [Provinciale, p. 41. gl. Secundum bilia, W.]

canones. — Ultioni.'] § [dicentis : " Si infirmatur quis ex

f [et ad omnes communiter se para- vobis, inducat presbyteros ecclesias, et

tos exhibeant; cum necesse fuerit, W.] orent super eum, unguentes eum oleo

J [Item tarn sanctum oleum, quam sancto in nomine Domini, et oratio fi-

chrisma sub fideli custodia, clave ad- del salvabit infirmum, et alleviabit

hibita, conservetur ut non possit ad eum Dominus ; et si in peccatis sit,

ilia temeraria manus extend! ad horri- dimittentur ei." W.]

A. D. 1822.] REYNOLD'S CONSTITUTIONS. 337

body is there reserved, and mass is celebrating ; let the holy
eucharist be kept in a clean pyx of silver, or ivory, or other
wise as befits the sacrament. Let not the host be re
served above seven days after consecration, but be renewed
every week : and let it be carried with reverence by the
priest, or in case of extreme necessity by the deacon, 'with
a q light and lantern going before*; unless the distance of
place or the shortness of time forbid this. And let the
ministers so behave themselves going and coming that the
sick man have the office duly performed to him, and they
who hear and see them be invited to pay due reverence to
the sacrament ; rand let archdeacons provide that the linen
cloths, and other ornaments of the altar, be decent, and
that the church have books fit for reading and singing, and
stwo suits of priest's vestments at least; and that due regard
be paid by all to divine offices : and we charge that they
*who tend at the altar be clothed with usurplicesf.

q And a cross, as in the margin of the Oxford copy.

r Here Lyndwood begins his text of this constitution.

8 One for Lord's days, the other for week days. Lyndwood.

* They that serve the priest at mass, or the priests themselves when
they do not celebrate, but come only to do something in relation to the
sacrament there reserved. Lynd wood j.

• Lyndwood did not remember that he ever read of this garment in the
whole body of the canon, or civil law, nor (as he adds) in the Holy Scripture.
But Durandus the elder mentions it, and he lived about a hundred and

' * [tam luce (MS. cruce) quam lu- tunicam lineam, qua induebaritur filii

cerna praecedente, Lynd. app., p. 39. Aaron in veteri lege, de qua legitur

tam cruce quam lucerna praecedente, Exod. 28 adfi. Sed aestimo quod pro-

W.] . prie suppellicium est indumentum de

f [Prsecrpimus etiam, ut, qui altari pellibus confectum : sed in nostro com-

mimstrat, superpellicio induatur, Lynd. muni usu intelligitur ut prius dixi.

"•J Provinciale, p. 53. Compare the fore-

J \_Altari ministrat. Videlicet pres- going gloss of Lyndwood with the fol-

bytero celebranti assistens. Et idem in lowing canons and notes in Johnson's

missjE tempore ministrans. Vel po- former volume: A.D. 960, 33, p. 418,

test intelligi de sacerdote quovis tern- note **, and in the same set of canons

pore accedente ad altare, ut aliquid fa- made in King Edgar's reign, c. 46, p.

ciat, vel disponat circa Corpus Christi ; 421, note *. It should be remarked

ut viz. illo tempore sit indutus suppelli- that Lyndwood is somewhat at fault

cio. Et jvxta communem intellectum in his conjecture as to the derivation :

die suppellicio, i. e. veste linea ad ta- superpelliceum does not mean a gar-

lem usum praeparata. De qua tamen ment < de pellibus confectum' (made of

veste non memini me legisse in toto skins,) but worn super pelliceam, next

corpore juris canonici vel civilis, nee over the pelisse or garment lined with

etiam in sacra scriptura : fit tamen de fur, as were the common garments of

eo mentio infra, de ecclesi. <sdi. c. ut the eleventh century. See Rock's "Ch.

parochiani. Et potest significari per of our Fathers," part i. c. vi. sect. 1, 2.]

JOHNSON. f/.

338 REYNOLD'S CONSTITUTIONS. [A. D. 1322.

thirty years before Lyndwood ; he says, that they who tended at the altar
used it ; and farther speaks of it as a laudable custom, that in some
places the priests wore an alb or surplice under his amyt, which last was
commonly reckoned the undermost missal garment. See Dur., lib. iii.
c. 1,2.

[Lynd., 5. Let the linen cloths, corporals, palls, 'and other altar-
p. 235.] cioths-x- j^ whole and clean, and often washed by xpersons
assigned by the canon for this purpose, out of regard to the
presence of our Saviour, and of the whole court of heaven,
which is undoubtedly present at the sacrament of the altar
while it is consecrating, and after it is consecrated. 'Let
the words of the canon be fully and exactly pronounced, and
with the greatest y devotion of mind ; with an especial regard
to z those [words] which concern the holy sacrament. Yet
let not the priest through affectation make the office nause
ous to the hearers, and take away the marrow and fatness of
their devotion, for dead flies destroy the sweetness of the
ointment f. Farther, let no parish priest celebrate mass
till he hath finished matins, prime and undernj : and let
no clerk be permitted to attend at the office of the altar
without a surplice : and let two candles, or one at least,
be lighted at the time of high mass. [And we forbid any

' * [tuellse, manutergia et alia al- officii divini anxiari ; cum tamen bre-

taris ornamenta, Lynd. app., p. 40. vis oratio, facta cum animi devotione,

W. p. 513. Johnson here follows the melior sit quam oratio prolixa cum

text of Lyndwood, Provinciale, p. 235.] anxietate cordis. —

f [Verba Canonis in his praesertim Officium mum. Quod sc. consistit in

quaa ad sanctum sacramentum perti- spirituali ministerio et diligenter est

nent, plene, integre et cum summa exequendum. 12 di. de his. Hie tamen

animi devotione proferantur. Non ta- intelligit principaliter de officio missae,

men sit ita morosus sacerdos in prae- in quo debet quilibet sacerdos summe

missis, quod fastidium ingerat audi- esse devotus.

toribus, et officium suum privet devo- Devotionis pinguedine. Quae esse de-

tionis pinguedine quia muscae morien- bet in conscientiae puritate et fervore

tes perdunt suavitatem unguenti, i. e., spiritus quoad Deum.

pinguedinem devotionis. Lynd. Quia muscte. Ponitur ratio mystica

Devotione. Ut sc. mentis intentio prascedentium : et intellige per muscas

firmiter applicetur ad Deum, et ad cogitationes immundas, quandoque oc-

prommciationem verborum. Intentio currentes tempore divini officii, quae

namque semper est necessaria, vel spe- quid em cogitationes corrumpunt devo-

cialis, vel generalis ; et non solum re- tionem, sicut et muscas corporales cor-

quiritur intentio consecrantis, sed etiam rumpunt suavitatem unguenti : et su-

intentio istud sacramentum Instituen- mitur hoc de scriptura, Eccles. X.

tis. Lyndwood, Provinciale, p. 235-6.

^Morosus, i. e., Tardans. Compare above, A.D. 1200-1, p. 84,

Pramissis, i.e., Pronunciatione ver- and in vol. i. A.D. 747. 12, p. 248.]

borum Canonis. I [Tertiam de die. Lynd. W.

Fastidium. Tsedium. De die. i. e. Festi quod celebratur illo

Auditoribus. Qui ut plurimum so- die. — Provinciale, p. 236. See in vol.

lent ex prolixitate orationis, vel alias i. A.D. 957. 19, p. 393 f.]

A.D. 1322.] REYNOLD'S CONSTITUTIONS. 339

priest, who has committed mortal sin, to go to the altar
to celebrate before he goes to confession : nor let him think,
as some do by mistake, that mortal sins are blotted out by
the a general confession.]

* Deacons, or other ministers, says Lyndwood. The canon law permits
the sacred furniture to be handled by none but such as are in orders. De
Consec. dist. i. c. 41, 42.

y Lyndwood by this understands the intention of the priest, which he
affirms to be necessary to the consecration.

z I conceive that the words Hoc est corpus, Hie est sanguis, &c., here
are meant, though this is incommodiously expressed.

a Which general confession is publicly made by the priest at the introit
to the mass, at prime, and compline ; but iit avails only for venial sins,
says Lyndwood. This clause is not in the Oxford copy *.

6. Let archdeacons and their ministers be very careful in [Lynd.,
observing what is above said concerning the reverence to be p* Ot
paid to sacraments, as also in what follows, by coercing
transgressors in proportion to their crimes. We enjoin arch
deacons and their officials 'in their visitations of churches
[bto cause the vessels, vestments, books, and other things
belonging to the saidc offices to be written down andf] have
a special regard to the fabric of the church, and especially
of the chancel ; and that they fix a certain time for the sup
plying such defects as they find therein under some d penalty ;
and let them make enquiry by themselves, and such as be
long to them, whether there be any thing to be corrected
either as to things or persons in the parish where they per
form the office of visitation : and let such excesses be cor
rected either at that time, or at the next chapter.

b This is not in Lyndwood.
c Viz., of the sacraments.

d Here Lyndwood speaks of churchwardens, as bound to the reparation
of churches I : and this is, I suppose, the earliest proof of it. He inti-

* [See Lyndwood's statements at f [ut in visitationibus ecclesiarum
length, Provinciale, p. 236 — 7, gl. faciendis diligenter ascribi faciant vasa,
Confiteatur — Confessionem generalem. vestimenta, libros et alia, quas ad dicta

The clause in brackets is given in the pertinent officia, Lynd. app., p. 40. W.]

next column of the same page 40 of the J [Sed nunquid, guardian! ecclesiae

appendix to Lyndwood which Johnson ad hujusmodi reparationem faciendam,

calls the Oxford copy, as also in Wil- et alias ad bona ecclesiae disponenda

kins, vol. ii. p. 514, and is found in electi, possunt per pcenam hujusmodi

two places of the Provinciale, pp. 236, sc. excommunicationis, vel suspensi-

334. See below, c. 9. p. 342. J onis, aut per pcenam aliam, compelli

z 2

340 REYNOLD'S CONSTITUTIONS. [A.D. 1322.

mates that the penalty was for the most part pecuniary ; but withal says
that such parishioners as refused to contribute might be personally ex
communicated : these churchwardens first were chosen to take care
of cows, sheep, and other bequests given for the repair of the church,
and finding lights : it was long after this before they were obliged to
present offenders.

[Lynd., 7. Let matrimony be celebrated as other sacraments with
P. 271.] reverence, in the daytime, and in the face of the church,
without laughter, sport, or scoff. 'Let the priests while the
marriage is contracting, interrogate the people e under pain
of excommunication by three public banns concerning the
immunity of the bridegroom and bride, on three Lord's
days or festivals e distant from each other *. If the priest
neglect these banns, let him not escape the hpunishment
lately enacted in the general council. JAnd let priests often
forbid such as are disposed to marry to * plight their troth
any where but in some notable place2 before [k priests or]
public persons3 called together for this purpose4, under pain
of excommunication f.

e That is, I conceive, threatening those who knew a lawful impediment
and concealed it, with excommunication ; but " under pain of excommuni
cation" is not in Lyndwood.

f That is, their being free or disengaged, as to all others ; the Oxford
copy has it de legitimatione sponsi, &c., and this is a more comprehensive
word, implying not only an immunity, but being of lawful age, not too
nearly related, &c.

s Lyndwood says it is sufficient that the festival days be distinct from
each other, or three several days (so that the banns be not published twice
the same day), as for instance, says he, on Monday, Tuesday, and Wed-

ad reparationem de qua hie dicit. est, an sint liberi ad contrahendum.

./Estimo quod si sufficienter habere Lyndwood, Provinciale, p. 271.

possunt unde (al. habeant irfmanibus, In matrimonio contrahendo semper in

vel eorum diligentia sufficienter habere tribus dominicis, vel festivis diebus, et

possunt unde, &c.) fiat reparatio hujus- a se distantibus, tribus edictis perquirat

modi, tune si circa hoc negligentes ex- sacerdt>s a populo sub pcena excommu-

titerint, possunt per censuram ad hoc nicationis, de legitimatione sponsi et

compelli. Alioquin si per eos non sponsae. Lynd. app., p. 40. W.]

steterit, non esset contra eos sic pro- f [Item prohibeant laicis sacerdotes

cedendum. Provinciale, p. 53. gl. Sub frequenter in ecclesia sub pcena excom-

pcena.~] municationis, ne dent mutuo fidem de

'* [In matrimonio quoque contra- matrimonio contrahendo, nisi in loco

hendo semper tribus diebus Dominicis celebri, et coram presbyteris et laicis

vel festivis a se distantibus, quasi tri- pluribus ad hoc convocatis. Lynd. app.,

bus edictis, perquirant sacerdotes a po- W. Johnson's translation agrees with

pulo de immunitate sponsi et sponsae. Lyndwood's text, Provinciale, p. 271,

Lynd. the glosses upon which are given in the

Immunitate. Id est, libertate, hoc next page, note §.]

A. D. 1322.] REYNOLD'S CONSTITUTIONS. 341

nesday in Easter or "Whitsun-week, for Wednesday was then a festival in
both those weeks *.

h Three years1 suspension from office inflicted by the Lateran council,
1216, c. 51 f.

1 The contract or espousals in this age differed from the solemnization
of marriage J.

k Priests are not mentioned by Lyndwood: A contract in prcesenti
was absolutely obliging, as it still is, if made before any two good wit
nesses, and Lyndwood by ' public persons' understands two such witnesses
in any public place §. Yet the contract or espousals were regularly to be
first made, or however before solemnization renewed before the priest ;
and there was an office for this purpose. Our espousals and solemniza
tions are now put into one office.

8. Let the priest in enjoining penance diligently attend [Lynd.,
the circumstances of the crime, the quality of the person, p< 331^
the nature, time, place, and cause of the sin, and the time
of continuing in it, and the devotion of the penitent; and
having diligently and distinctly considered all these particu
lars let him enjoin the penance. And let the priest choose
such a place in the church for hearing confessions as is open
to the view of all; and never take the confession of any,
especially of a woman, in secret, unless in case of necessity,
or on account of the sickness of the penitent. Let not one
priest admit the parishioner of another to confession, without
the licence of his proper priest or bishop. Let the priest
enjoin such penance to the wife, as may not make her sus
pected of any grievous secret crime by her husband; the
same is to be observed in relation to the husband. Let not
the priests enjoin penance 'for theft, robbery, fraud, and
especially for withholding or subtracting tithes, or of any

* [A se distantibus. Ad minus ut vi- zando : sic tamen quod contractus ipse

detur uno die intermedio. Et facit ad matrimonialis prsecedens publice sit

hoc quod legitur et notatur de sent, ex- initus, ut hie dicitur.

communi. c. constitutionem. U. 6. sed puto 2 Loco celebrL Id est a multis fre-

quod si tres dies festivi successivi con- quentato, sive solenni et aperto (al.

currant, sicut contingit in hebdomada apto) : sic quod in latebris non fiat.

Paschse et Pentecostes, sufficit, quod 3 PuUicis. Ut puta, tabellionibus.

singulis trium dierum hujusmodi banna Vel die publicis, i. e., palam et in

edantur. — Provincial, p. 271.] publico praesentibus.

f [Concil., torn. xxii. col. 1038.] Pluribus, duobus ad minus. —

J [See in vol. i. A.D. 946. per tot. 4 Ad hoc. Id est, ad audiendum con-

p. 369, 370.] tractum talem fieri, et inde testifican-

§ [] Contrahendo. Loquitur itaque de dum. Et nota quod si secundum bane

sponsalibus, quae sunt de futuro . . . vel constitutionem non debeant contrahi

potes intelligere de matrimonio cele- sponsalia de futuro, nisi palam et pub-

brando, i. e., in facie Ecclesiae solenni- lice coram testibus, qui velint et valeant

342 REYNOLD'S CONSTITUTIONS. [A.D. 1322.

ecclesiastical right* without causing restitution and satisfac
tion to be made to the persons injured : for the sin is not for
given till what hath been taken away is restored. When the
priest is under any doubt in gross and atrocious crimes, let
him consult the bishop, or his substitute, or provident dis
creet men, by whose advice he may certainly know whom to
bind, whom to loose, and in what manner. But lest the
penitent should fall into despair, which God forbid, let him
be in the mean time admonished to do all possible good,
'that God may direct his repentance f- Let the same be
done as to him who confesseth his sin, and yet will not ab
stain from it, in which case absolution cannot be given, for
we never read of pardon conferred on any without reforma
tion. And let priests beware that they do not enquire of
their penitents concerning the sins [of other men] or the
names of the persons with whom they themselves sinned •
but only the circumstances and quality of the sin : because
it is written, l " I have declared unto Thee, O God, mine
own life," and not another man's : and confession ought to
be of what belongs to ourselves, not to others.

1 Ps. Iv. (with us Ivi.) 8, according to the vulgar Latin. It is in our
English, " Thou tellest my Sittings," or wanderings.

[Lymi., 9. mLet no priest who hath committed mortal sint, &c.,

T\ ^2Sf> pt

334.] as in the last clause of the fifth constitution. And let no
priest in any case out of hatred, anger, or fear even of death,
discover the confession of any man by signs, nods, or words,
either in general or particularly, and if he be convicted of
this, let him be n degraded without any hopes of reconcilia
tion.

m Lyndwood glosses twice on this, viz., p. 236 and 334.

D This crime was punished not only with degradation or deposition by

ineapartetestimoniurnperhibere,multo decimarum, seu subtractione alicujus

magis hoc fieri debet quando per verba juris ecclesiastic!. Lvnd. app. W.

de praesenti contingit contrahi matri- Johnson follows Lyndwood's text, Pro-

monium : cum in sponsalibus de future vinciale, p. 332.]

de consensu partium possit resiliri a 'f [ut Deus cor suum illustret ad

tali contractu, et in aliis casibus. . . sed pcenitentiam, Lynd., p. 333; app., p.

in matrimonio contracto de praesenti 40. W.]

non. — Lyndwood, Provincial, p. 271.] J [Lynd. app. and Wilkins insert

'* [Item in furto, rapina, usura, this clause at this place only : see above

fraude, simonia, et maxime detentione p. 339, note*.]

A. D. 1322.] REYNOLD'S CONSTITUTIONS. 343

the old canon law, but with a disgraceful pilgrimage, causa 33, qucest. 3.
dist. 6. c. 2. But the council of Lateran, 1216, turned the pilgrimage
into a monastic life, c. 21 *.

10. Whereas it often happens that rectors of churches, [Lynd.,

o o r T

0 priests, and others in the holy orders, either do not at all p'
go to confession, (or else confess to those who have no autho
rity to bind or loose them,) upon pretence that they are sub
ject to no man in the court of conscience, we ordain that one
or more idoneous priests of competent learning and good re
putation be appointed pin every deanery throughout every
archdeaconry to hear the confessions of such, and to enjoin
them penance ; 'and our will is that they be authorized for
this purpose by the diocesan of the place, or his deputy f.
And we firmly forbid the religious, monks, canons, ancho
rites, or hermits, to admit the subject of another to pen
ance.

0 Lynd wood supposes that they were such as lived in noblemen's houses,
which had chapels belonging to them, where the curate of the parish had
nothing to do, or in places privileged to choose their own confessors.

p Here I follow Lyndwood ; the Oxford copy has per archidiaconos sin-
gulorum decanatuum.

There is in Sir H. Spelman, p. 487 J, an ordination, as it [Post-
is called, of this archbishop directed to his sons, the official of scriPt]
the court of Canterbury, and the dean of the arches, intimat
ing that he had formerly visited his court of Canterbury, but
not yet found time to reform the corruptions then detected :
he observes that when a rector was sued in that court con
cerning the right of possession of his benefice, or the like,
the fruits of the benefice were wholly sequestered and con
verted by the presidents, that is, I suppose, the judges, to
their own use, and the defendant, though in possession by
law, disabled from maintaining his cause and self, and often
reduced to beggary : therefore he ordains that for the future
sequestrations be used in no cases but what are expressly

* [Concil., torn. xxii. col. 1010.] follows the text of Lyndwood, Pro-

'f [quibus per nos, vel vicem nos- vinciale, p. 336.]

tram gerentem auctoritatem volumus J [Wilkins, vol. ii. p. 497.]
impertiri, Lynd. app. W. Johnson

344 REYNOLD'S CONSTITUTIONS. [A. D. 1322.

allowed by law, or evidently allowable, and the fruits kept
not for the use of the presidents, but of him who carries the
cause, or appears to have a right to them ; and that a suffi
cient portion be assigned to the defendant for the defence of
his cause and his subsistence : he lets them know that he
intends a thorough reformation.

Here my reader will observe that archbishops by their own
personal authority regulated all matters relating to their
courts. It is well known that the last archbishop, Robert
Winchelsey, drew a body of statutes containing fourteen
pages in folio, for the better management of his court of
Canterbury, which is now united to the court of the arches.
They are extant in Sir H. Spelman, p. 413, &c.*

* [Wilkins, vol. ii. p. 204 ; cf. ibid., p. 409.]

A.D. MCCCXXVIII.

ARCHBISHOP MEPHAM'S CONSTITUTIONS.

THE constitutions of the venerable father Simon Mepham, LATIN.
archbishop of Canterbury, in a provincial synod celebrated speiman,
at St. Paul's, London, in the month of February, the Friday vol. ii.
after the conversion of St. Paul, A.D. 1328, in the third year [Lynd.
of the reign of King Edward III., John the twenty-first or ^j
twenty-second and Nicolas the fifth being pontiffs at once, vol. ii.
from whence proceeded the twenty-sixth schism. p' 552*-J

It concerns prelates of the Church to have a zeal for the
Lord their God, (who are to be damned not only with a per
sonal perdition, but the Lord will require at their hands the
blood of their subjects,) especially against those who are
honoured with the name of Christians, and yet contradict their
profession by their damned works ; so as to root out by the
sword of the Spirit and the hoe of ecclesiastical discipline, all
hurtful vices, and graft virtue, and reform manners, so that
evil appetites may not exceed the bounds of honesty, but that
the Christian profession may be advanced with a salutary
increase. To this end we, Simon, by divine permission arch
bishop of Canterbury and primate of all England, in the
name of the holy undivided Trinity, Father, Son, and Holy
Ghost, have by the authority of this present council, and
with the consent of our suffragan brethren, thought it ne
cessary to confirm the ecclesiastical state in our province
of Canterbury, by adding punishments for the preservation
of statutes formerly published by councils, and by ordaining
some new ones, by which the [evil] living of offenders may
be restrained, and their salvation promoted.

* ["Concilium provinciate Cantuar. Dom. MCCCXXVIII. Ex MS. Cott.

in quo constitutiones domini Simonis Otho. A. 15. col. cum MSS. Lamb.

Mepham, Cantuariensis archiepiscopi, 17. Elien. 235. et Bodlei. Digby, 81."]
editce apud S. Paulum London, anno

346 MEPHAM'S CONSTITUTIONS. [A.D. 1328.

[Lyml., 1. Desiring to provide for the salvation of souls, we take

rise from the fountains of Him that is the Author of it :
therefore we enact and ordain that that holy day of prepara
tion, in which our Saviour, after being scourged, deposited
His precious soul upon the cross for the salvation of men,
be celebrated as a a festival according to the rites of the
Church, in reading with silence, in prayer with fasting, in
compunction with tears; band we forbid that any attend
their servile works on that day, or be employed in any busi
ness inconsistent with piety. cYet we do not hereby lay
any law upon the poor; nor forbid the rich to yield their
customary assistance to the poor in tilling their lands for
charity's sake.

a Lat. festive *. Id est, ad instar diei festi. This is strange solecism
to us, but Lyndwood expresses no wonder at it.

b Here is no mention of a mass to be celebrated : and I think this is
the only day in the year in which the Church of Rome allows of no mass.
They administer the communion upon this day, but ex prcesanctificatis, in
hosts consecrated the day beforef.

c Lyndwood seems to countenance the opinion that husbandry and ser
vile works were forbidden only on Lord's days, and our Saviour's festivals,
and those of the Blessed Virgin, and of the Apostles Peter and Paul ; but
by this constitution servile work was not absolutely forbid on Good Friday,
which yet was to be kept as a festival of Christ.

[p. 101.] 2. dFarther, that the memory of the blessed Virgin Mary,
the mother of our Lord, may be oftener and more so
lemnly celebrated, in proportion to the greater favour which
she among all the saints hath found with God, who ordained
her conception to be the predestinated temporal origin of His
only-begotten Son, and the salvation of all men ; that by
this means the remote dawnings of our salvation which raise
spiritual joys in pious minds, might increase the devotion
and salvation of all; following the steps of our venerable
predecessor eAnselm, who after other more ancient solemni
ties of hers thought fit to add that of her conception, we or
dain and firmly command, that the feast of the conception
aforesaid be solemnly celebrated for the future in all the
churches of our province of Canterbury.

* [So Lynd. app. and Wilkins : the p. 100.]

other Latin words given by Johnson f [See in vol. i. Elfric's canons,

are the gloss of Lyndwood, Provinciale, A.D. 957. 37. p. 404, note *.]

A. D. 1328.] MEPHAM'S CONSTITUTIONS. 347

d The preface to the foregoing fits this better than that.

c That an archbishop of Canterbury should by his own authority insti
tute a new feast is not credible ; nor is there, I conceive, any evidence
that a provincial synod ever did this. It is true, every bishop before the
Reformation had power of ordering what holy days he pleased, over and
above those ordered by the provincial councils, to be kept with solemnity ;
but they were only such holy days as were before authorized by the see of
Rome. Anselm might first introduce the feast of the conception here in
England, I mean as to the solemn observation of it. But it is evident this
was known to be a holy day several hundred years before. The council of
Toledo, A.D. 694, c. 1 *, complains of the uncertainty of the day, and fixes
it to the eighteenth of December, (it is now on the eighth.) Both pro-
testants and papists say that the feast of the conception was instituted by
Sixtus the Fourth, A.D. 1476 or 7, yet his bull (Extrav. com., lib. iii. tit. 12 f)
says no such thing, but only enjoins the service lately composed for that
day by Leonard de Nogarolis to be observed, and grants indulgences to
them that attend it. So the feast of the Annunciation is commonly said to
have been instituted by Boniface the Ninth about the end of the fourteenth
century ; yet it is expressly mentioned in the said chapter of the same
council of Toledo, which was seven hundred years before, and was cer
tainly observed in England before ever Boniface the Ninth was pope. Yet
it may be allowed that Sixtus the First instituted the feast of the immacu
late conception : for the ancients did not give it that epithet, though
Anselui (as Lyndwood observes) seems to favour the notion of the Blessed
Virgin's being conceived without original sin.

3. We also declare by the authority of this council that [Lynd.,
the violators of ecclesiastical liberty and immunity incur the P- 85^
sentence of the greater excommunication ipso facto already
passed in f the council of Oxford, who take away, consume,
or lay hands upon any thing, or cause to be taken away,
consumed, or hands to be laid upon any thing belonging to
the houses, manors, granges, or other places belonging to
archbishops, bishops, or other ecclesiastical persons, without
the will or permission of the owners, or their stewards ; or
who take upon themselves to justify the taking away, con
suming, or laying hands on such things, done in their names,
or by those of their family. And lest such violators of eccle
siastical immunity should, as they have hitherto used to do,
evade the proceedings against them by means of the diffi
culty of serving summons upon them; we decree with the
consent and advice of our brethren and of the whole council,

* [Tolet. x. c. 1. Era 694. A.D. f [c. 1. p. 316. ap. Corp. Jur. Can.
656. Concil., torn, xi. col. 34.] The date there given is A.D. 1466.]

348 MEPHAM'S CONSTITUTIONS. [A. D. 1328.

that such a violator be personally cited, if he can personally
be found, and safe access can be had to him. But if he
cannot be found, or access to him be not safe, then that he
be cited &at his house, if he have one, 'to which there is safe
access*; but if he cannot safely be cited at his house, hthen
that he be cited in the parochial church to which his house
belongs; but if he have not, or be not certainly known to
have any house, then in the cathedral church of that place
where the violation of immunity was committed : and we
decree the citation also to be made in the parish church of
the place, if it can be done with safety. And our will is,
that a citation thus publicly made at his house or in the
church, do as much bind the party cited (not only in the
cases before mentioned, but in all cases in the constitution of
lord Othobon, which begins with these words, * " The immu
nity of the Church") as if he had been personally appre
hended ; and that proceedings may be against him by virtue
of such a citation as effectually in all respects as if he had
been cited in person. 'And we decree that such and all
other violators of ecclesiastical liberty may be convened in
the place where the fact was committed, either ex qfficio, or
at the instance of a party, although they are not [personally]
found f : and our will is, that when it is doubtful whether
the said violators can be found, or safe access can be had to
them, or not, it be determined by the certificate of him to
whom the mandate of citation is directed ; and that in the
cases aforesaid, and all others, the injured parties may the
more easily obtain justice, we with the approbation of this
provincial council, strictly k charge that all ordinary judges
of the province of Canterbury do without making any diffi
culty give their mutual assistance to each other in making
citations and executions and in executing all lawful man
dates. •

f See the first 'constitution of the council held by Stephen Langton,
1222.

g Lat. in domieilio. But Lyndwood justly observes that it can signify

'* [quo tute citari possit, Lynd. nitatis violatores, decernimus in loco

W.] delicti, etiamsi ibidem non invenian-

' f [Praefatos etiam, et quoscunque tur, posse tarn ex officio judicis, quam

alios ecclesiasticae libertatis vel immu- ad partis instantiam conveniri. W.]

A. D. 1328.] MEPHAM'S CONSTITUTIONS. 349

no more than at or near the place of his habitation : for this is said upon
supposition that it is not safe to enter into his house, or that his person is
not to be found.

h Here Sir H. Spelman's copy is defective, and the Oxford faulty ;
therefore I follow Lyndwood.

' See the twelfth constitution of Othobon, 1268.

k Lyndwood will scarce allow that prcecipimus here carries any com
manding power with it, except when the primate or some superior com
mand an inferior* : and it can scarce be conceived that one bishop could
command any one in his diocese to appear before the bishop of another
diocese.

N. B. That all this care and provision is made in a case where the party
was ipso facto excommunicate, and therefore was cited only to hear the
excommunication pronounced against him with solemnity.

4. And let them be restrained by sentence of excommuni
cation, who contrary to the custom of England hitherto
allowed, do obstruct the testaments or last wills of ] villains
appertinent to lands, or of any other of a servile condition.

1 There were two sorts of villains ; the first seem to have been absolute
slaves ; the others were predial servants who were bought and sold, or passed
by inheritance, not singly and personally, but as appendages to the houses
and lands which they occupied, and for which they were bound to do cer
tain services ; and were subject to all sorts of corrections from their land
lords, so they did not maim them ; and they could not change their con
ditions without the will of their lords ; and these lords claimed the dis
posal of their goods when they died ; against this last this constitution was
made.

5. And because ordinaries of places do aggrieve such exe- [Lynd.,
cutors by difficulties of their own making in order to extort p'
money from them on account of the m insinuation of their
wills, or committing the administration of their goods; we
ordain that nothing at all be demanded for the insinuation

of the testament of a poor man, the inventory of whose goods
does not exceed "one hundred ° shillings sterling.

m That is, the opening and publishing them before the ordinary ; he does
not forbid taking money for registering, &c.

n Lyndwood would have it that this should be understood according
to the imperial solidus, then it makes 2,31. 3s. 0\d.

0 Here Lyndwood affirms that the old English penny had a bird called a
sterling impressed in one of its quarters. This hath been called " a childish
conceit f ;" but Lyndwood might have seen such pence, though the calum-

* [Lyndwood, Provinciale, p. 90. gl. f [By Bp. Kennet in the glossary at

Juvent.~\ the end of " Parochial Antiquities."]

350 MEPHAM'S CONSTITUTIONS. [A. D. 1328.

niator never did *. Lyndwood further says that twenty-six pence made an
ounce in Archbishop Mepham's time, but when Lyndwood wrote, thirty-two :
[Addenda.] [it is scarce credible that Lyndwood should know the precise weight of
these sterling pieces, unless he had seen and weighed them, or at least re
ceived his information from them that had :] yet he will not allow that
the hundred shillings are to be computed according to this variation.
Hence nothing less than a hundred shillings are allowed to be lona no-
tabilia. See Lyndwood, p. 174, 175 f.

[Lynd., 6. A certain statute is said to have been put forth in the
P- 115-J P council of Oxford, in which among other things it is forbid
frivolously to appeal from any judicial grievance before defi
nitive sentence, and that advocates and proctors should be
laid under an oath to observe this statute, and be q otherwise
punished according to the statute itself if they transgress it ;
now we do wholly lay aside this statute, and whatever has
been done in consequence of it as being made for depriving
the oppressed of the remedy of appeal, though coloured over
with specious pretences : and we r absolve all those from their
oath who are sworn to the observation of it.

p We have in this volume the constitutions of two councils holden at
Oxford, the first under Stephen Langton, 1222, the other under Ilobert
Winchelsey, 1322 ; yet I find no such constitution in either of these
councils ; nor does Lyndwood mention any such statute in his gloss J.

* [Lyndwood, Provinciale, p. 171. in question was made in a synod of the
gl. Centum solidos. diocese of Oxford, and not in a pro-
Walter de Pinchbeck, who was n, vincial council : upon the text, " In
monk of St. Edmundsbury in the reign concilio Oxoniensi quoddam dicitur
of Edward I., says, when describing emanasse statutum," he has the follow-
the mode of coinage which was then ing clear and important statements,
used, " sed moneta Angliae fertur die- which Johnson seems to have over-
ta fuisse a nominibus opificum, ut flo- looked :

reni a nominibus Florentiorum, ita In concilio. Ista constitutio fuit Si-

sterling! a nominibus Esterlingorum monis Mepham, et habet duas partes

nomina sua contraxerunt, qui hujus- principales. In primo recitative ponit

modi monetam in Anglia primitus unum statutum editum in dioecesi

componebant. Antiq. S. Edmundi Oxoniensi.

Burgi, Appendix, p. 134, quoted in Concilio. i. e. Synodo. Episcopi

Ruding's Annals of the Coinage, vol. namque in suis dioecesibus faciunt

ii. p. 14. The foregoing may perhaps synodos, metropolitan} vero concilia. —

be reconciled with Lyndwood's state- Quandoque tamen congregatio facta

ment, by supposing that the Esterlings per episcopum dicitur concilium. —

or their successors used a star or star- Statutum. Potest enim episcopus in

ling as a token. For the various deri- sua dioecesi statutum facere, quo ligari

vations which have been suggested of debeant sui subditi . . . et tale statutum

the word sterling see Ruding, p. 15, dicitur canon episcopalis . . . nota ta-

note h.] men, quod contra canones non potest

f [gl. Laicis-1 episcopus aliquid statuere. — Lyndwood,

J [Lyndwood explains that the statute Provinciale, lib. ii.

tit. 7. p. H5.]

A.D. 1328.] MEPHAM'S CONSTITUTIONS. 351

q Perhaps, says Lyndwood, by a punishment assigned in the statute :
this, I think, shews that he knew not the words of the statute *.

r That is, we declare them absolved, says Lyndwood, for he supposes
the oath unlawful, and therefore not binding.

7. Because some sons of malediction endeavour to restrain [p. 185.]
the devotions of the people at solemnizations of marriage,
purifications of women, offices for the dead, and upon other
occasions (when God in the persons of His ministers uses to
be honoured with the oblations of His people) to a penny, or
a small pittance of an offering, and often apply the residue
of the oblations to the use of themselves or others; and
some, not considering that the Almighty, to whom belongs
the earth and its fulness, hath commanded tithes to be paid
as a sign of His universal dominion, and hath assigned them
to the clergy for His own service, do sometimes maliciously
hinder, or cause to be hindered, the ecclesiastical persons to
whom they belong, or their servants in their ingress and
egress to and from their farms from which the tithes arise,
in order to their s collecting, keeping, and carrying away
the said tithes : and others carry away and consume, or
cause to be carried away and consumed, or damage to be
done to such tithes unless gloves or shoes be first given,
or promised themf : we therefore, desiring to put a stop to
such damnable devices of perverse men, ordaining nothing
new, but enforcing the statutes of e ancient canons, do by au
thority of this council declare every such instigator, hin-
derer, and others aforesaid, by whose wicked contrivances
damage is done to the churches, or to the rectors or vicars of
them, or any accustomed honour or profit is withdrawn from
them, and all such as offend in any of the premisses, for the
future to be "involved in the sentence of the greater excom
munication; and we reserve the absolution of them to the
diocesan of the place, not to be given till by their counter-
endeavours the devotion of the people be effectually restored
to the churches, and full satisfaction made to the ecclesiastical
persons injured by these excesses.

* [Jffiigendi. Forsan pcena limitata quuntur, vel ante ea fuerint prosecuti,

in statuta, alias arbitraria. Ibid. p. 116.] malitiose attachiant, indictant, vel ju-

f [Johnson, following the text of dicant, attachiari, indictari judicarive,

Lyndwood, omits, Alii insuper viros aut eis alia gravamina inferri faciunt

ecclesiasticos, ea occasione, quod jura vel procurant: W. p. 553 — 4. Lynd.

ecclesiastica in foro ecclesiastico prose- app., p. 42.]

352 MEPHAM'S CONSTITUTIONS. [A. D. 1328.

* Lyndwood observes, that in some places by custom the tenth sheaf of
the corn was to be taken ; but shews that by the canon law the owner was
bound not only to gather the tithes and lay them in a heap, but to carry
them to the parson's barn, cans. xvi. gucest, 1. c. 65, 66.

* Laymen were forbid to take offerings, cans. x. qucest. i. 3, ult. cap.

u Lyndwood inclines that this is a sentence lata, notferenda ; but then
he proves it from the canons against violation of ecclesiastical liberties,
and attributes much to the custom of the place *.

A canonist has put a note at the foot of this constitution in the Oxford
copy, by which he proves by the civil law, that at the rector's request the
farmer may be forbid to carry away his corn, unless in the presence of the
rector or his assign ; and he adds this reason for it, that the rector by
having a right in the fruits has a right in the soil ; for the fruits, says
he, are a part of the soil. Our common lawyers deny this.

[Lynd., 8. Because inconveniences have happened, and do daily
p> 273<J happen from contracts of matrimony made without preced
ing publication of banns ; we straightly charge all and singu
lar our suffragans, that they cause the decretal, xWhereas
the prohibition, &c. (by which it is forbid, that any contract
of matrimony without y banns first published in every parish
and diocese to which they belong on several solemn days
when the greatest number of people is present), to be ex
plained in the vulgar tongue, and firmly to be observed, by
inflicting the penalty of z suspension from office for three
years on all priests, whether they belong to those parishes
or not, who presume to be present at marriages contracted
before solemn publication of banns, and due punishment on
those who do so contract marriage, although there be no im
pediment. And let every priest whether regular or secular,
who dares celebrate, or be present at the solemnization of
marriage anywhere save in the a parish church, without the
special licence of the diocesan, be suspended from his office
for a whole year.

* That is, the fifty-first chapter of the Lateran council, 1216f, inserted
into the Decretal., lib. iv. tit. 3. c. 3.

y Lyndwood's text is Bannis non prcemissis in singulis ecclesiis paro-
chialibus suce dioecesis, and so the Oxford copyj. This intimates that
banns should be published in every church of the diocese, but this is more
than the decretal requires, therefore I follow Sir H. Spelman, who has it

* [Cf. Lyndwood, Provinciate, p. f [ConciL, torn. xxii. col. 1038.1
187, gl. Involvi.] J [So also Wilkins.J

A.D. 1328.] MEPHAM'S CONSTITUTIONS. 353

in singulis ecclesiis parochialibus, sive dicecesilus. And I am apt to
think that Lyndwood's original text was to the same purpose : for in his
gloss he tells us that banns ought to be published where the parents or
kindred live, as well as in the places where the parties contracting have
their abode * : this would be an excellent law.

z This implies suspension from benefice, says Lyndwood.

a Where the bride, or bridegroom, or their friends live, must here be
supplied : the whole constitution is carelessly expressed.

Lyndwood has the times pretendedly forbidden in his gloss both on this
and the foregoing canon, of which Cler. Vade Mecum, part i. p. 200 f.

9. We ordain that no b inquisition for the future to be [Lynd.,
made concerning the defects of houses, or cother things be- p'^
longing to ecclesiastical benefices be of any availment to the
prejudice of another, unless made by credible persons sworn
in form of law ; the party concerned being first cited to this
purpose. Let the diocesan cause the entire sum taxed for
the reparation of the houses, and other things found to be
long to ecclesiastical benefices, whether by inquisition or
composition, to be converted to the reparation of the said
defects within a competent time to be fixed by his dis
cretion J.

b Lyndwood says the ordinary might do this ex officio§, but if done at
the instance of a party, then the inquisition was to be more exact.

c Viz., books, vestments, &c., especially the chancel, if the benefice was
a rectory or a vicarage bound to repair the chancel.

* [Cf. Lyndwood, Provinciale, lib. jungit alias, quas ex Lyndwoodo, ejus-

iv. tit. 3. p. 273, gl. Solennem editio- que commentatore Johanne de Atona

nemJ\ edocti, Waltero archiepiscopo Cantuar.

f [Compare Clergyman's Vade- adscriptas, ad annum MCCCXXII. collo-

Mecum,part i. p. 207 — 210. Johnson's cavimus. Reperiuntur etiam constitu-

English Canons, vol. i. A.D. 785. 16. p. tiones illae in MS. Lamb.,n. 17, etMS.

276'. Lyndwood, Provinciale, p. 274, Elien.235, sedinillo Simoni(Mepham)

gl. Solenn/zationem.~] in hoc Stephano (Langton) archiep.

J [Wilkins here appends the follow- Cantuar., attribuuntur." Cone. Brit.,

ing note : vol. ii. p. 554, note *.]

" His constitutionibus clar. Spel- § [Provinciale, p. 253-4, gl. Ivqui-

mannus ex MS. Cott. Otbo A. xv. sub- sitio.]

JOHNSON.

A.D. MCCCXXX.

SUPPOSED CONSTITUTIONS OF ARCHBISHOP MEPHAM".

SIE H. Spelman, p. 497, has ten constitutions attributed
to Simon Mepham, of which a man may justly doubt whether
he was any wise concerned with them : they bear no date,
and therefore the year which I have prefixed is only to dis
tinguish these from the former : three of them I have trans
lated ; because I find them no where else : the six foremost
are the constitutions of Archbishop Reynold.

1. The first is the fifth constitution of Reynold.

2. The second is the eighth of Reynold.

3. The third is the ninth and tenth of Reynold.

4. The fourth is the third of Reynold.

5. The fifth is the seventh of Reynold.

6. The sixth is the first of Reynold*.

7. Let no alayman pawn or sell the sacred vessels or vest
ments, either to Jews or Christians; nor let out, infeoff,
or otherwise alienate the possessions of the Church ; unless
urgent necessity and manifest utility require it, and the
consent of the diocesan bishop be thereunto given. If any
act contrary to this, let him revoke what he has done at his
own cost. Let him who thus accepts and detains any eccle
siastical benefices be smitten with sentence of excommuni
cation, and not be absolved till he makes restitution*.

B The laymen affected by this canon were probably the patrons of
monasteries, or religious houses, and perhaps of parish churches, or such
noblemen as had the guardianship of the temporalities of any bishopric
or abbey granted them by the king : this was the reason why no sentence
is here passed, but barely that of revocation. Archbishops were now
grown more modest than in the reign of Henry the Third.

* [See last note from Wilkins; above, A.D. 1322; and Wilkins, vol. ii.
p. 512.]

A.D. 1330.] SUPPOSED CONSTITUTIONS OF ABP. MEPHAM. 355

8. Many presume to build houses on a lay fee not only for
their sons and nephews, but even for their concubines, and
lay out their ecclesiastical revenues upon them; and so
treasure up unto themselves the wrath of God and eternal
damnation by hoarding up the goods of the Church for their
kindred. We strictly forbid this to be done for the future ;
and ordain that he or they who do it without licence of the
diocesan, be suspended for a year at least from receiving the
fruits of their benefice ; unless they make satisfaction upon
the admonition of the bishop or archdeacon. And let no
clerk farm out an ecclesiastical benefice to a layman, nor
sell his tithes before they are separated. If any clerk in an
allowed case will commit his benefice to another, we ordain
that it be committed to such an one who is able and willing
to uphold the buildings belonging to the church, and to bear
other episcopal and archidiaconal b burdens. And let him
who accepts of another man's benefice be presented to the
archdeacon and c chapter of the place, and be fully instituted
as general procurator to that benefice for the time there
agreed between them'*.

b Procurations, pentecostals, and perhaps pensions.
c The clergy of the archdeaconry quarterly assembled were the arch
deacon's chapter.

9. Part of the thirty-first of Edmund, beginning at, " Far
ther we strictly forbid/-' &c.

10. We charge that three or four times in every year,
sorcerers, and such as have sworn falsely on holy [books or
relics], incendiaries, usurers, atrocious thieves, robbers, falsa-
ries, such as maliciously oppose the execution of reasonable
testaments, and detainers of tithes, be solemnly excommuni
cated in general, and not absolved, nor enjoined penance by
any one inferior to a bishop or his vicar- general, except at
the point of death, and then let them be enjoined to go to
the bishop to receive penance from him or by his authority,
if they recover.

* [This and the preceding constitu- Oxon., A.D. 1222. c. 29, 30, also p.
tion are attributed to Archbishop Lang- 596. " Stat. legenda in Cone. Oxon."}
ton. See Wilkins, vol. i. p. 590. Cone.

A a 2

A.D. MCCCXXXII.

•

SUPPOSED CONSTITUTIONS OF ARCHBISHOP MEPHAM.

[Wilkins, THERE are three more and very long constitutions attri-
p?560.j buted to thi8 archbishop in Sir H. Spelman, p. 500, &c.
But,

1. The first is clearly the last of Simon Islip. This is dated
from Mayhfield in- Sussex, sixteenth calends of August, that
of Archbishop Islip the seventeenth of the same calends, this
A.D. 1332, that 1362, both of them run in the " thirteenth
year of our consecration," whereas Mepham sat not half so
long. But their having both the same name (Simon) caused
this confusion.

2. The second is the fifth of Archbishop Winchelsey*.

3. The third is the sixth of Archbishop Winchelsey. I
have been willing to suppose that these constitutions were
several times re-inforced, and so bear the names of the sev
eral archbishops who gave them a new sanction; but the
fraud or the blunder is so visible in the first of these three,
that I can say nothing with probability.

* [See above, A.D. 1305, 5; Wilkins, vol. ii. p. 280.]

A.D. MCCCXXXVI.

SETTLEMENT OF PROCURATIONS.

I JUDGE it seasonable here to intimate to my reader, that LATIN.
about the year 1336, Pope Benedict the Xllth. published a ^j^an,
bull for the settling of procurations, or a composition in vol. ii.
money for them. Sir H. Spelman hath given us a very de- wnkins,
fective corrupted copy of it ; that in Eoctrav. Com. lib. iii. tit. vol'5^ -,
10 f is more perfect and correct. I have, to avoid prolixity,
given my reader a table of such compositions only, as were
to be paid to the several visitors, in the several countries sub
ject at that time to the pope, for any religious house that
had fewer than twelve persons belonging to it, or for any
parochial church. By which the reader will see how dispro
portionate these compositions were. The sums taxed were
the utmost that the visitors were to demand ; the visitors are
charged to accept less from poor churches, and not to exceed
any stated composition already fixed by ancient custom. And
it was farther provided by this bull that the charitative
subsidies then often demanded by prelates of their clergy,
should not exceed that composition for procuration, which
was to be paid by the incumbent when the prelate visited by
deputies : therefore I have set before my reader the sums to
be paid to such deputies here in England.

The turons were twelve to the floren, as the pope tells us
by his bull, and he adds, that he meant the golden floren
coined in Florence. I am not sure what this was, but Spel
man from Caius informs us that twelve turons made four
shillings and four pence J ; and this seems to have been the
true value of the English floren, till Edward the Third, now

* [" Constitutio super procurationibus J [Johnson is here misled by Spel-

visitantium per Benediction papam xii. man, who misquotes from Kaye ; the

edita circa annum Dom. MCCCXXXV. Ex words of the latter are, " Turonensis

MS. Cott. Vitellius, A. 2. fol. 95 b, et nummi 12. faciebant 3. sol. 4. dena-

Extrav. com., lib. iii. cap. de censib. rios." — J. Caii Hist. Cantab. Acad.,.

exaction, et procurat."] lib. ii. p. 123. ed. London. 1574. Cf.

t [p. 304, ap. Corp. Jur. Can., torn. Spelmanni Glossarium, art. Turonen-

iii.] sis minimus.]

358

SETTLEMENT OF PROCURATIONS.

[A.D. 1336.

reigning, coined new ones of six shillings value, about the
year 1344 But at this rate the archdeacon's full procuration
in England would have been 17s. 4<d. Whereas Lyndwood
lays a full procuration at 7s. 6d. in his gloss on constitution the
seventh of Stratford, 1342*. The greatest French floren was
not above two shillings English ; after this computation, the
archdeacon's procuration would be 8s. 4c?., and supposing the
Italian to have been somewhat less than the French, it might
make the English sum of 7s. 6d.} which was the archdeacon's
full procuration in Lyndwood's time. Archdeacons have
often more than this. In such cases we must suppose that
the personal visitation was continued, till a night and day's
entertainment for seven horses and as many men came to
the sum now paid by way of composition for the procuration.
Where less than 7s. 6d. is paid, which is the more common
case, it must be taken as the quota laid upon that church,
with two or three others hard by, which might be visited on
the same day.

N.B. I follow the copy of the extravagants.

Archbishops
Their deputies
Bishops
Their deputies
Archdeacons
Their deputies
Arch-priests, or")

France. Almain.
Navar. England.

Savoy, &c. Hungary.

Bohemia.

Poland.

Denmark.

Scotland.

Sweden.

Tur.

Spain. Italy.

Tur.
200

140
35

8

220

100

150

80

50

30

10

Tur.
100

60

Tur,
40

30
10

0

Deans rural

[See below, p. 368, seq., and Lyndwood, Provinciale, p. 224, gl. Solet solvi.]

'A. D. 1336.] SETTLEMENT OF PROCURATIONS. 359

. The procurations paid to our bishops, and even archbishops,
fall very short of the sums here mentioned : the reason of this
is, probably, that none of them have for many ages past made
parochial visitations either in person, or by proxy, and so
these prelates and their clergy fell into a voluntary and very
moderate composition. The archdeacons down to the Refor
mation kept up their parochial visitations, and were therefore
entitled to such compositions as are here mentioned: but
then they commonly visited more than one church every day,
and could by the canons have but one entire procuration for
each day.

A.D. MCCCXLII.

ARCHBISHOP STRATFORD'S EXTRAVAGANTS.

LATIN. THESE following are the constitutions provincial (by some

Spelman, called the aextravagants) of John Stratford, archbishop of

V°572 Canterbury, made in a provincial council at London, on the

[Lyni tenth day of October, 1342.

app., p. 49.

Wilkins, a There are" two books in the Corp. Jur. Can. under this title. Lynd-
T 696* 1 wo°d cites the decretals under the same title. Imperial laws not extant
in the public books were also so called.

1. bNot only the Old Testament, and the canonical sanc
tions, but the traditions of secular princes, have with a con
siderate judiciousness discovered how unbecoming a thing it
is, and how contrary to that reverence which we owe to God,
to celebrate such great mysteries in private oratories, or
chapels not endowed, nor assigned to the celebration of
divine service, or in houses not consecrated. But priests,
both regular and secular, in contempt of all this, celebrating
divine offices there, cause great danger to souls by drawing
parishioners from their parish churches, and so depriving
them of those wholesome instructions which they used there
to receive, who thereupon rashly do things that are for
bidden, and communicate with some whom they ought not ;
and contrary to that doctrine which forbids one man to offer
hardships to another ; and from hence many evils arise, and
the accustomed honour and profit of parish churches is les-
[Lynd., sened. Now we, with the consent and advice of our brethren

p. 233.]

* [" Constitutiones provinciates Jo- the following note ;

hannis ^ Stratford, Cantuariensis archi- " Concilium hoc virtute brevis regii

episcopi, edita in concilia provinciali dat. 15 Aug. per mandatum archiepis-

Cantuar. Londini 10 die mensis Octobris, copi tertio die juridico post festum

anno Domini MCCCXLII. Ex MS. Cott. S. Fidei virginis in ecclesia S. Pauli,

Otho A. xv. MS. Lamb. 17. et Elien. London, est celebratum. Reg. Tho.

235." To this title Wilkins appends Beck, episc. Line. fol. 2."]

A. D. 1342.] STRATFORD'S EXTRAVAGANTS. 361

decree, that whosoever celebrates masses in oratories, chapels,
houses, or places not dedicated, without licence of the c dio
cesan first obtained, contrary to the canons, do for the future
incur suspension from the celebration of divine service ipso
facto for the space of a month. And we decree that licence
granted, or hereafter to be granted by the bishops of our
province for celebrating masses in unconsecrated places, to
other than to great and d noble men dwelling in places
e greatly distant from their parish churches, or f notoriously
sickly and infirm, be null and of no force. [^By this we
intend not to derogate from prelates, rectors, and canons of
cathedral churches, or religious, so as that they may not
celebrate masses, or lawfully cause them to be celebrated as
they use to do in their oratories built hof old*.] Farther we
intend not this punishment against such priests as celebrate
masses in the oratories or chapels erected or to be erected
for the kings or queens of England, or ! their children.

b The reader may observe that the preface is obscure and corrupted in
all three copies, viz., the Oxford and the two copies of Sir H. Spelman,
p. 572, and p. 491. I follow sometimes one, sometimes another.

0 Yet Lyndwood observes that the archbishops granted such licences
throughout their province by law or custom f.

d Lyndwood extends this to knights j that have any office or dignity.

0 One mile or more. Lyndwood.

f Such may have licence, though they are not noblemen. Lyndwood.

e Instead of this clause, the parallel constitution published by Sir II .
Spelman, p. 491, under the name of Walter Reynold, has the following ;
" unless such places in which the celebration is made, without licence of
the diocesan or the owner of them, be specially privileged by the apo
stolical see, in which case they who celebrate there are bound to exhibit
the instruments of privilege to the diocesan of the place within two
months after the publication of this statute ; otherwise to incur the sus
pension before inflicted ipso facto"

h Lyndwood supposes that the custom here spoken of must have taken
its rise from the bishop's licence. And without such licence from the

* [The clause which Johnson has praeclaris ... Et ex dicta definitione

put in brackets is in Lyndwood' s text, colligi potest, quod milites, et eorum

Provinciale, p. 234, and Wilkins, vol. superiores, habent dici nobiles. Et

ii. p. 696.] idem intelligo de armigero, cui conce-

•f [Cf. Provinciale, p. 233, gl. Dice- ditur officium vel administratio, cui

cesaniJ} dignitas et nobilitas annectuntur, ibid.,

J [And to esquires,, p. 234.]

Nobilibus. i. e. Nomine et genere

362 STRATFORD'S EXTRAVAGANTS. [A. D. 1342.

archbishop of York, says he, the archdeacons of Richmond could not at
first have given authoritative institution *.

1 This extends only to grandchildren : the next generation, and all after
that, are poster i. Lynd \vood.

[Lynd., 2. There is a new covetous invention of exacting immense
p' 222'-' sums from clerks for letters of institution, when they are ad
mitted to benefices, and when ordained, for letters of orders,
for pains in writing, and for seals, against the k canon, which
says, that as it becomes not a bishop to sell imposition of
hands, so neither does it become the minister to sell his pen.
And the clerks of archdeacons, of their officials, and others,
refuse to deliver certificates of 4nquests upon the vacancy of
benefices to the presented, unless they first pay an excessive
sum for the writing of it : we therefore, desiring to abolish
this abuse, think fit, with the deliberate advice of this council,
to ordain that the said clerks do not in any wise by them
selves, or by others, receive above twelve pence for writing
letters of inquest, institution, or collation, or of commissions
to induct, or certificates of induction into benefices ; nor for
letters upon taking any sacred order, above six-pence. In
other particulars let ordinaries be bound to assign fees to
their ministers, with which they ought in reason to be con
tented. But we will that nothing at all be paid for sealing
such letters, or to the m marshals for letting them in, janitors,
door-keepers, "barbers of the bishops, by clerks either in the
lesser or greater orders ; lest under any pretence whatsoever
they make a gain of sealing letters, and of letting men in :
and lest the rash violation of these provisions should pass un
punished, we charge that if any thing contrary to the pre
misses be received, the doubles thereof be restored within a
month. Let the °clerks who delay to restore it, if they are
beneficed, be suspended from office and benefice; but let
unbeneficed clerks and laymen be forbid entrance into the
church, till they have made competent satisfaction for the
doubles to those who paid [the unlawful fees.]

k The canon here cited by Lyndwood is caus. i. qticest. 2, c. 4 ; it con
tains a saying of Gregory the First, as is pretended, that no one must exact
money for coming into the church, or for the pall : it were well if the
popes had observed this rule.

* [Cf. Provinciale, p. 234, gl. Consuevit.]

A. D. 1342.] STRATFORD'S EXTRAVAGANTS. 363

[Two bishops have been famous in England, as on other accounts, so [Addenda.]
particularly for restraining the excessive demand of fees and vales in their
officers and servants. One of them is still fresh in the memories of all,
I mean Gilbert of Sarum ; the other is one whose story will never die,
viz., Thomas Becket of Canterbury ; of whom Giraldus Cambrensis (de
jure et statu Menevensis Ecclesise, p. 625 *) informs us, that he swore his
officers not to take the value of an English kniple, for making or sealing
letters or instruments. This kniple (in Girald's Latin Cnipulus) seems
plainly to have been the least piece of money then current. A great
antiquarian supposes it signifies a knife f. But why an English knife T\

1 See 14 const, of Peckham, 1281.

m The keepers of the bishops' palaces.

n The barbers were to see that the cut of the clerk's hair was precisely
canonical, before he went into the bishop's presence ; some kings have had
barbers licensed by them to look to the cut of the hair of such clerks as
attended them in their palaces.

0 By this it appears that beneficed clerks were sometimes secretaries, or
scribes, to bishops.

3. Because archdeacons, their officials, and other ecclesias- [Lynd.,
tical ministers of our province, make delays in giving induc
tion, and certificates of induction, according to the mandates
of the superior, to them who are promoted to benefices, after
they have instituted and collated to them, unless they are
satisfied in their demands of an immoderate sum of money ;
we ordain with approbation of the p sacred council, that such
as are bound to induct clerks that have been admitted to
ecclesiastical benefices, be content with moderate charges on
that account : that is, if the archdeacon induct, with forty
pence ; if his official, (for his own expense and those that be
long to him J,) with two shillings ; leaving it to the option of
him who is to be inducted, whether he will pay this procura
tion to the inductor and those that belong to him, in money
or in other necessaries. qlf more be received by the inductors
on such occasions, or on account of performing the induc
tions in their own persons : or if they do unduly delay to
make, and deliver certificates by artificial pretences ; we will
that they who are blameable in this respect do ipso facto in-

* [In the second part of Wharton's cange, art. Canipulus.]
Anglia Sacra.] J [pro singulis suis et suorum ex-

f [Somner, Gloss, ad X. Script. pensis pro diaeta, Lynd. Wilkins has,

The word 'Cnipulus,' or ' cariipulus,' "pro sigillo, ac suorum expensis pro

certainly means a knife, and is the diaeta," but gives in a note the reading

Latinized form of the Anglo-Saxon of MSS. C. and L., which is the same

cnif, and French ' canif." See Du- as the foregoing text of Lyndwood.]

364 STRATFORD'S EXTRAVAGANTS. [A. D. 1342.

cur suspension from office and entrance into the church, till
they have made restitution of what they had received to
them who paid it, and satisfaction to the party injured
through this fault.

p Lyndwood declares, he had met with nothing of this council in the
chronicles or registers : yet he says it was called Stratford's constitution.
It is strange that he who wrote not above eighty years after the common
date of these constitutions should want light in this matter. I have posted
them here rather in submission to some great men, than out of any evi
dence of the certainty of the time. The Oxford copy places the other
constitutions of Stratford before these extravagants.

i In the other copy of Sir EL Spelman, p. 490, there is the following
clause added ; " yet in such places where less uses to be paid for in
duction, we intend not by this constitution to add a greater load*." It
should seem the practice which now prevails for the archdeacon "to
give a mandate for the instituted clerk to be inducted by one that was
not official, had its beginning in Lyndwood's time. For he proposes
the question whether the archdeacon in this case shall have any thing,
and answers peremptorily in the negative ; but that the inductor shall
have what is sufficient for one of his degree f.

[Lymi., 4. Whereas ecclesiastical men are entrusted with dispens-
p. 133.] -ng Q£ tithes and other things belonging to the Church, that
the poor by their prudent management may not be defrauded ;
yet the religious of our province having churches appropriate
do so apply the fruits of them to their own use, as to give
nothing in charity to the poor parishioners being regenerate
sons of the churches, to whom they are bound to do this
more than to strangers : by which means such as owe tithes
and ecclesiastical dues become not only indevout, but in
vaders, destroyers, and disturbers, to the danger of their own
souls, and theirs, and to the scandal of many : therefore, with
the approbation of this sacred council, we ordain that the
said religious, having ecclesiastical benefices appropriate, be
compelled by the bishops every year to distribute to the poor
parishioners a r certain portion of their benefices, in alms to
be moderated at the discretion of the bishops in proportion
to the value of such benefices, under pain of s sequestration of
the fruits and profits thereof, till they yield a reasonable
obedience in the premisses.

r Not a half, but a fourth, or sixth ; but rather a fifth part of the bene
fice, as Lyndwood here, and p. 153.

* [So in Wilkins, vol. ii. p. 676.]

f [Ptovinciale, p. 140, gl. Quantitate pecunia.']

A.D. I3i2.] STRATFORD'S EXTRAVAGANTS.

s Here is a clear proof that bishops had power of sequestering such ap
propriate benefices.

5. tTliougli parishioners by laudable custom long prevail- [Lynd.,
ing in our province are bound at their own cost to make, and, p'
as often as there is occasion, to repair the bodies and roofs of
their own parish churches both within and without : as also
the steeples thereof, the altars, images, and glass windows in
them, and the fences of the cemeteries ; yet the religious, and
others having estates, farms, and rents, within the bounds of
such churches of our province of Canterbury, especially if
they dwell not within the parish belonging to such churches,
do unjustly refuse to contribute toward the fabric of the said
churches, or the enclosures of the cemeteries, and other
burdens belonging to the parishioners; u although for the
most part such burdens are taxed in proportion to the farms
and estates within the parishes ; yet the religious in divers
places of our province, and others that dwell out of the
parish, do occupy or obtain by new purchases divers farms
and estates in the parishes of the said churches, insomuch
that the residue of the parishioners dwelling within the
parishes of the same churches are not able of themselves to
bear the burdens, or reparations of the premises, as incum
bent on them ; by which the houses of God become an eye
sore, and many inconveniences thereupon ensue ; we there
fore, by approbation of this council, think fit that it be or
dained that the religious as well as others who have farms,
estates, and rents, in any parishes of our province, or shall
have for the future, if they do not belong to the glebe, or en
dowment of the churches to be repaired, be compelled by
ecclesiastical censures by the ordinaries to bear all burdens
incumbent on these accounts on the parishioners, by custom
or law, which in proportion to their estates or rents are im
posed upon them, together with the rest of the parishioners
of such churches as often as need shall be, whether they
dwell within the said parishes or elsewhere.

1 When churches began to be repaired by the parishioners, managers
must have been appointed for this purpose. If churchwardens had yet
been settled officers, they would have been mentioned here.

* By this it appears that the most ancient way of raising a church cess
was by proportioning the rates to the lands used by the several occupiers
within the parish, without making any difference between indwellers and

366 STRATFORD'S EXTRA VAGANTS. [A. D. 1342.

outdwellers. The religious pretended that this was a personal burden,
and did not therefore belong to them, if they did not dwell within the
parish ; therefore the canonists asserted it to be a real burden, and there
fore to be charged on the lands themselves. But this distinction seems to
me designed to puzzle rather than clear the cause, especially because
the church rate is demandable and due from the persons only, not from
the lands (excepting from land occupied by quakers, which is a new case)
nor can I conceive why the rate for repairs should be real, for the orna-
naments personal, since both are equally necessary to divine worship. I
think it happy that these distinctions begin to be dropped by common con
sent, and all landholders equally charged to the church. The former
practice of obliging the inhabitants to assess themselves distinctly for
ornaments and other charges, created endless difficulties and disputes,
and was an invention of the worst of papists, the monks and other regu
lars, to save their own estates from this charge. Lyndwood intimates that
by the civil law there was a more effectual way of levying church rates on
exempt religious, than that of Church censure *.

[Lynd,, 6. Covetousness hath so possessed the minds of some, that
p. 181.] ^ey think gain to be godliness, and sell what they ought to
give. Though our predecessor, Simon Mepham, of good me
mory, in the x constitution which begins, " And because ordi
naries," had ordained with the deliberate advice of a provincial
council, that nothing should be demanded for the insinua
tion of the testament of any defunct, the inventory of whose
goods did not exceed one hundred shillings; yet because it
is not provided what precise sum may be received when the
inventory exceeds one hundred shillings, nor what may be
taken for acquittances upon accounts being passed of the ad
ministration of the goods with relation to such testaments ;
the ordinaries of places have made such excessive demands
both for insinuations and acquittances, that the estates of
the defunct have been so exhausted by such extortions that
their wills could not be fulfilled by what was left, even in
relation to what was given to charitable and pious uses : by
which the laity are exasperated against ordinaries, as con
suming what they ought to preserve, and are provoked to
frauds and tricks : now to remove the reproach of this usur
pation, we ordain that nothing at all be taken by the bishops

* [Sed quaere, quomodo levabitur auctoritate judicis competentis, et per

ab hujusmodi religiosis ista contribu- captionem pignoris. . . . Et hoc expe-

tio ? Die, si agatur coram judice ec- dit, quando sunt exempti. Provinciale,

clesiastico, levabitur per monitiones le- lib. iii. tit. 28. p. 255. gl. Reficiendarum

gitimas, et per censuras ecclesiasticas. ecclesiarum.']
. . . Possunt etiam ad hoc compelli

A. D. 1342.] STRATFORD'S EXTRAVAGANTS. 367

or other ordinaries for the probation or insinuation of any
testaments whatsoever. We permit six-pence only to be
taken by the clerks for their pains in writing such insinua
tions. But if the inventory of a defunct's goods do exceed
y thirty shillings in account; and yet does not amount to a
hundred, let not the bishops or ordinaries, or their deputies,
the auditors of accounts, or other ministers that assist them,
presume to receive above twelve pence for the account, and
doing all things that concern it for the letters of acquit
tance and all other [letters] whatsoever. If the inventory
amount to a hundred shillings, or upward, but not to twenty
pounds, let such as assist at the accounts, and the others
before mentioned, be content with three shillings for their
pains, for letters of acquittance and other things aforesaid.
If it amount to twenty pounds or upward, but not to sixty,
let them not accept of more than five shillings for their
pains, letters, and other writings. If it amount to sixty
pounds or upward, but not to a hundred, let them receive
ten shillings and no more. If it amount to a hundred
pounds or upward, and not to a hundred and fifty, let
them not presume to accept of more than twenty shillings on
the accounts aforesaid. And so according to the amount
of the inventory for every fifty pounds other ten shillings,
and no more, over and above the said twenty shillings.
'But we permit the clerks, for every letter of acquittance to
receive z six-pence over and above the premisses for his pains
in writing *. And if one receive more than the sum before
taxed either in money numbered, or in any other things, let
them be bound to pay the doubles of it to the fabric of the
cathedral church within a month. If they do not, let such
bishops know, that upon delaying to do it above a month,
they are forbid entrance into the church : let inferiors know
that they are suspended from office and benefice, till they
have fully paid the doubles to the cathedral church. Let
letters of acquittance by no means be granted to executors of

'* [Clericis tamen pro singulis ac- commensuretur secundum quantitatem

quietantiarum literis, quas scribunt in laboris, Lynd., gl. Provinciale, p. 182.
hac parte, ultra praemissos sex denarios Clericos tamen pro singulis acquie-

accipere permittimus pro labore, Lynd. tantiis, et literis, quas in hac parte scri-

Accipere. Non dicit quantum, sed bunt, ultra praemissa vi. denarios riihil

moderata debet esse talis acceptio, ut recipere permittimus pro labore. Wil-

sc. quautitas recipiendi moderetur, et kins, vol. ii. p. 698.]

368 STRATFORD'S EXTRAVAGANTS. [A. D. 1342.

testaments at the probation, approbation, or insinuation
thereof, or afterwards, till a faithful account be given of the
administration, under pain of suspension from entrance into
the church for six months, which we will that the trans
gressors incur ipso facto.

x See constitution of Mepham at London, fifth. A.D. 1328.

y Lyndwood seems to resent this constitution as arbitrary and unreason
able, and observes that the officers of the court were left at liberty to
demand what they would, when the inventory was under thirty shil
lings *.

z Lyndwood's text has these words, ultra prcemissos sex denarios, inti
mating that they might take some money, not mentioning how much,
over and above the forementioned sums ; but the Oxford copy and Sir
H. Spelman, p. 489, for prcemissos have prcemissa, which I follow as most
probable.

[Lynd., 7. Although the law of nature grant to the workman the
p. 223.] fruit of his labour, yet it commands him not to eat who
neglects his proper business. Some archdeacons and other
superior ordinaries of our province gaping after gain, and
casting the things of God behind them, indulge themselves
in hunting, and other affectations of grandeur, in making
their circuits of visitation, and send such to visit as cannot
instruct the clergy and people : they exact procurations con
trary to canonical sanctions from churches, whose inside they
do not see on the visitation-day ; from some that are visited
not at all, either by themselves or by any other ; from many
which they cause to be slightly visited by others on the
same day; any one of which would be sufficient for one
day's procuration for the archdeacons themselves, and their
allowed retinue; from every church, rector, and vicar they
exact their whole procuration in money: and often, by a
fraudulent contrivance, when they are to visit churches, they
come on the night before the visitation- day, and lodge in
the houses of the rectors and vicars to their great cost 'with
their cumbersome retinues and adogs for hunting t, and on
the morrow, when the visitation is ended, they extort a whole
procuration in money, as if they had not received any in
victuals, though sometimes they dine too with the party

* [Cf. Provinciate, p. 181. gl. Sex miliis et vecturis, W. Lyndwood omits
denarios. — Excedere.] the above preamble and begins with the

't [cum excessivis, et onerosis fa- next sentence.]

A. D. 1342.] STRATFORD'S EXTRAVAGANTS. 369

visited on the same day. Now we desiring, for the quiet
of our subjects, and for the salvation of those who are guilty
of these excesses, to remedy all this, do strictly forbid by
authority of this council, that any one presume to receive
a procuration due from a church on account of visitation,
till he has diligently discharged that duty by personally en
quiring and effectually inspecting as ought to be. If any
one will visit several churches in one day let him be content
with one procuration in victuals or money, to which let every
church that is visited that one day proportionably contribute,
as the b canons direct : and if on the night before the visita
tion-day [he be entertained] at the charge of the rector or
vicar that is to be visited, or continue with them till after
dinner on the visitation- day, let him make an estimate or
allowance of such charges in the procuration c (if the visitor
think that he may lawfully demand it in money), or make an
entire compensation for it; so as not to receive the whole
procuration in money besides the charges [aforesaid], nor
more of the procuration to be paid in money than what
remains over and above, those charges being deducted: let
him that transgresses know that he is suspended from en
tering into the church till he has made restitution of what
he unjustly received. But because several archdeacons and
other ordinaries on account of their honour and nobility, ex
ceed dthe number of horses and men appointed by the canons,
so that they who pay their procurations in victuals are exces
sively burdened beyond that rate which uses to be paid in
money, we leave it to the option of those that are visited,
whether they will pay their procuration in the e accustomed
sum of money, or in victuals. And if the visited church
hath chapels depending on it, we ordain that the arch
deacons, and other ordinaries who visit, be content with
such a procuration as used to be paid for one church in
that diocese to which the church belongs, for the visitation
of that church and her chapels, under pain of suspension
from office and benefice incurred ipso facto, till they pay the
doubles of what they received over and above the single pro
curation to the cathedral church. And because archdeacons,
and other visiting ordinaries, charge the defects in the churches
and the ornaments thereof, and in the fences of the ceme-

JOHNSON. g Jj

370 STRATFORD'S EXTRA VAGANTS. [A. D. 1342.

teries, and in the mansion-houses, to be repaired under certain
pecuniary penalties, which they extort from such as do not
obey them by censures ecclesiastical j and so stuff their purses
with the money by which the defects might be repaired, to
the damage of the poor who are in these days oppressed more
than formerly : therefore lest by means of such penal exac
tions occasion of ill-will be taken against archdeacons, and
other ordinaries, and their ministers ; and that it ill becomes
ecclesiastical men to gape after dishonest gain arising from
penalties; we ordain that such penalties as often as they
are exacted be applied to the reparation of such defects as
have been discovered, under pain of suspension from office ;
which we decree that they who act contrary to the premisses
by applying such penalties to their own uses, do incur ipso
facto, till they have effectually assigned what was so received
to the reparation of the said defects.

* Venaticis,Sir H. Spelman, p. 490 ; vecturis, horse and men, Oxford.

b All the canons made on this subject, I think, agree in this, but
whereas Innocent the Third and Gregory the Tenth forbad procurations in
money, Boniface the Eighth allowed of this, A.D. 1298, Seat., lib. iii. tit. 20.
c. 3. This made way for our present settled compositions, and has at last
in effect put an end to parochial visitations. Some attempts have been
made here and there toward the revival of them ; but it will never be
done effectually while archdeacons have their procurations though they
do not visit, and when they do visit, must do it in a great measure at
their own cost.

0 Benedict the Twelfth, in his bull concerning procurations, of which I
have given some account, just before these constitutions, takes notice of
some churches where the procurations'were fixed by an immemorial custom,
or privilege ; in such churches the visitor might demand the procuration
in money, and the visited might refuse to pay it in any thing else. See
Extrav. Com., lib. iii. tit. 10. In other cases it was at the discretion of the
visited to pay either in money or victuals, as below.

d See constitution of Hubert Walter, fifth, 1200, and of Stephen Lang-
ton, twenty-first, 1222.

e The accustomed sum, says Lyndwood, here was 7s. 6d., that is Is. 6d.
for the archdeacon and his horse, Is. for each other of the six horses and
men. But in all cases not ruled, says Lyndwood, we must have recurrence
to the extravagant of Benedict*.

[Lynd., 8. When the grievances of subjects are removed, superiors
enjoy rest by their ease, considering that some officials of
bishops, of archdeacons, and other ordinaries celebrating

* [Lyndwood, Provinciale, p. 224. gl. Solet solvi.~\

A. D. 1342.] STRATFORD'S EXTRAVAGANTS. 371

their consistories, sessions, and chapters from three weeks
to three weeks, or from four weeks to four weeks, through
every year, in several places of their jurisdictions and dean
eries of our province, do often go to such places where ne
cessary victuals are hardly to be bought, and thereby do
aggrieve the rectors and vicars of the churches there, or in
the neighbourhood, with excessive charges, and give occasion
of scandal and reproach ; especially because, if they are not
splendidly entertained on those days by the rectors and vicars
according to their own wishes, they vex, infest and molest
them under various colours and artificial pretences; on ac
count of these and other unjust doings we ordain, with the
deliberate advice of this council, that every such consistory,
session, and chapter be for the future celebrated in the most
eminent places of the jurisdictions and deaneries aforesaid,
or however, where victuals may be purchased by all; and
that officials and other ministers of the ordinaries at such
celebrations, and all other f acts which they exercise instead of
their principals, perform what concerns them at the expense
of such their principals. And we decree [that] citations to [Ed.]
consistories, sessions and chapters to be celebrated in any
other places, but such as are before described, be ipso jure
null; and we will that the officials who demand entertain
ment of the said subjects for expediting the business of their
principals, or give occasion to molest them for refusing such
entertainment, be thereupon suspended from office, and from
entrance into the church, &and that they do so remain. hAnd
whereas bishops, archdeacons, their officials, and other ordi
naries, and their commissaries, command primary citations
for the correction of offenders to be executed by rectors,
vicars, or parish priests, it is frequently laid to their charge,
that they disclose confessions made to them in the court of
conscience in relation to those particulars for which they .
are cited; by which they are greatly scandalized, and the
parishioners for the future refuse to confess their sins to
them; now we ordain that primary citations from the said
ordinaries be not served by rectors, or the others aforesaid,
but be executed by the officials, deans, apparitors, or other
their ministers. And if such citations are committed to
rectors, vicars, or priests, that they be not bound to obey

Bb2

372 STRATFORD'S EXTRAVAGANTS. [A. D. 1342.

them : but that the primary citations made by them, and
the censures or processes consequent thereupon be void and
of none effect.

f As inquests on the vacancies of benefices. Lyndwood.

e Lyndwood asserts this to be a perpetual suspension.

h The following part of this constitution is not in Sir H. Spelman *.

[Lynd 9. Whereas great grievances are multiplied to our sub

jects by a burdensome multitude of apparitors, which has
nothing reputable in it; while archdeacons have in every
deanery riding apparitors, who have foot apparitors under
them, who walk with their parsons, naturally bent to evil, to
be entertained by rectors and vicars, with whom they make
too long stay. And these apparitors, not content with this,
raise contributions among them at the four yearly general
chapters; and yet make collections of lambs, wool, and
sheaves in their season, and cause such as do not contribute
to them to be molested, and maliciously vexed by right or
wrong : therefore by approbation of this council, we ordain
that every one of our suffragans have one riding apparitor
only for his diocese; and that every archdeacon of our pro
vince have no rider, and but one foot apparitor only for every
deanery, who may not stay with the rectors or vicars of the
churches more than one night and day in every quarter of
the year, unless he be specially invited by them ; nor make
collections of money, wool, lambs or other things, but thank
fully receive what is freely given. But if more are deputed
contrary to this [statute], or if any of them rashly act con
trary to the premisses, let such as deputed them be ipso facto
suspended from office and benefice, till they remove those
who are thus deputed, whom we also k suspend from the
office of apparitors ipso facto.

1 Vilest servants.

k Lyndwood and Sir II. Spelman have it " perpetually suspend." Lynd
wood thinks this too hard, as every body else must ; therefore I follow the
Oxford copy, and leave it outf.

[P. 323.] 10. Because the offender has no dread of his fault, when

* [The remainder in Wilkins agrees Lyndwood, Provinciate, p. 226. gl.
•with Johnson's translation.] Perpetuo.l

t [So Wilkins, vol. ii. p. 700. Cf.

A. D. 1342.] STRATFORD'S EXTRAVAGANTS. 373

money buys off the punishment ; and the archdeacons of our
province of Canterbury, and their officials, and some that are
their superiors, when their subjects of the clergy or laity
commit relapses into adultery, fornication, or other noto
rious excesses, do for the sake of money remit that corporal
penance, which should be inflicted for a terror to others;
insomuch that the offenders are called by some lessees of sin ;
and they that receive the money apply it to the use of them
selves, not of the poor, or to pious uses ; which is the occa
sion of grievous scandal and ill example ; therefore we or
dain that no money be in any wise received for notorious
sin in case the offender hath relapsed more than twice, under
pain of restoring the doubles of the money received contrary
to this [statute] within a month after the receipt thereof to
be applied to the fabric of the cathedral church, and of sus
pension from office ipso facto incurred, in case the restitution
be not made within the month: and in commutations of
corporal penances for money (which we forbid to be made
without great and urgent cause) let ordinaries use so much
moderation as not to lay such grievous excessive public cor
poral penances on offenders, as indirectly to force them to buy
them off with a great sum of money : but let commutations,
when they are thought proper to be made, be so modest that
the receiver be not thought rapacious, nor the giver too much
aggrieved, under the penalties before mentioned.

11. Though a man ought to make his purgation in the [Lynd.,
place where he was defamed; yet the officials of bishops, p> 313^
archdeacons, and other ordinaries, and their ministers, by a
contrived malice, as appears, do assign such places to clerks
and laics as offer to purge themselves of what is charged
upon them, as are in the remoter parts of their jurisdiction,
in the country far from the place of their jurisdiction where
they committed the offence, where victuals and necessaries
can hardly be purchased, and an excessive number of com-
purgators, and so make the innocent compound for money
to avoid fatigues, expenses, and the difficulty of producing
witnesses at such places ; insomuch that some choose to con
fess, and do penance for crimes which they never committed
rather than to expose themselves and compurgators to such
trouble ; therefore we ordain that for the future such as are

374 STRATFORD'S EXTRAVAGANTS. [A. D. 1342.

defamed for crimes and excesses, but are willing to make
their purgation, be not drawn from one deanery to another,
or to country places where necessaries for life are not to be
found. In enjoining purgations to such as are defamed, let
bishops, archdeacons, or other ordinaries and their officials,
impose no more than six compurgators in case of fornication,
or any such like crime ; nor above twelve in case of adultery,
or other greater crime, under pain of suspension from office,
which we will that the transgressors incur ipso facto.
[Lynd., 12. In detestation of that abuse of archdeacons and their
p- 225.] officials, and other ordinaries, who exact a certain excessive
sum of money of priests that are to celebrate divine offices
in their jurisdiction before they may do it; thus converting
the bounty of priests of this sort (who used to present the
clerks that inserted their names into the mmatricula with a
penny) into an unlawful tax of six-pence, or thereabouts ; we
ordain that for the future the archdeacons and other ordi
naries, or their ministers, presume not in any wise to receive
above one penny, for which they are to register their names
at their first admission to celebrate divine offices, under pain
of suspension from celebrating divine offices, and from en
tering into the church; which let the transgressors incur
ipso facto, till they pay the doubles of what they receive
to the fabric of the cathedral church.

1 This is to be understood of mass-priests, or any assisting priests, who
neither had institution nor licence to serve the cure from the bishops.

m The register, or list, which the archdeacons kept of the priests and
clerks of this sort.

[p. 143.] 13. Covetousiiess is so craving a thirst, that some clerks
barbarously affecting by right or wrong to get benefices that
belong to the patronage of archbishops, bishops, abbots, and
other ecclesiastical and secular persons, but possessed by
others, they do by various fictions pretend that such benefices
have long been vacant ; and then while the temporalities of
cathedral or conventual churches by reason of the vacancy
[of the bishoprics, or headships,] or the "lands of other
[patrons] are in the hands of the king, they procure them
selves to be presented, or the benefices to be conferred upon
themselves by him, although after these pretended vacancies

A.D. 1342.]

375

[of the benefices] they have been possessed by several persons
for so long a time, that there is scarce any remembrance of
it, and it is sometimes perfectly false : by occasion of which
presentations, or collations, if the presented or collated are
not admitted by the ordinaries of the places (as they cannot
be while the possessors are not canonically removed) the
king's writ called Quare non admisit is obtained against the
bishop, and they implead, or procure him to be impleaded in
the secular court, and cause the °occasion of their vacancy
not only as to law and fact, but as to jurisdiction, to be de
bated in the said secular court, the cognizance whereof the
secular power unduly usurps ; and the possessors of the
benefices are not admitted to be parties in the trial ; nor is
there any credit given by the secular court to the letters of
ordinaries concerning their institution, collation, or induc
tion : ' and the bishops and others, who are not much affected
with the danger, making a slight defence or none at all, the
right of patronage is carried in behalf of the collator or
collatee, the presenter or presentee ; and when the secular
court writes to the bishop (with a vain threat of executing
the judgment) to admit such presentees or collatees, they
sometimes by themselves, sometimes by others (who are ig
norant of the law, and whom they appoint their deputies) do
de facto institute such presentees into the place of living
possessors, [not] removed by ecclesiastical sentence and
induct, or rather intrude them into possession of benefices
not really vacant, and constitute them injurious detainers to
the manifest deception of souls, and the enormous hurt of
the rightful possessors* : -we desiring to remedy these ex
cesses, by provision of this council, do ordain that whatever

' * [The text of Wilkins is as fol- suas committunt, taliter prsesentatos

lows : vel collatarios admittunt, et in locum

Unde accidit, quod episcopis, et viventis possessoris per sententiam ec-

aliis, quos litium hujusmodi non afficit, clesiasticam non ampti, de facto insti-

nec angit periculum, lites ipsas nullo tuunt, et in beneficiorum revera non

modo, vel segniter defendentibus, pro vacantium possessionem inducunt, quin

prsesentante et prsesentato, collatore verius intrudunt, et vitiosos constituunt
sen collatariis, in foro seculari jusevin- • detentores in animarum deceptionem

citur patronatus timoreque vario exe- multiplicem, et possessorum justorum

cutionis talis judicii, cum a foro seculari laesionem enormem, W. Spelman's

scribitur episcopis, quod praesentatos text has also ' timoreque vario' in the

ac collatarios adinittant hujusmodi above passage, but Johnson's transla-

quanddque per se, quandoque per alios tion follows Lynd., app. (p. 53) which

juris ignaros, aliquoties quibus vices has ' timoreque vano.']

376 STRATFORD'S EXTRAVAGANTS. [A.D. 1342.

clerks for the future do procure themselves to be presented
to dignities, parsonages, offices, prebends, or any other ec
clesiastical benefices whatsoever, being full and possessed by
others, or that procure them to be conferred on themselves,
if they do directly or indirectly by virtue of the writs Quare
non admisit, or Quare impedit, or the like, prosecute the
bishops or others in the secular court, without any mention
made of the possessors of the benefices in the said writ, or
while they are not regularly removed (though they have been
cited) unless they first cause an inquest to be had concerning
the means of the pretended vacancies, by the mandates of
the ordinaries, and the possessors to be canonically removed
by competent judges ecclesiastical, they do ipso facto incur
the sentence of the greater excommunication ; and that they,
as excommunicates, be in no wise admitted to such benefices,
but be for ever deemed incapable of them. But if contrary
to these [provisions] any one be instituted into a benefice
possessed by another de facto, let such institution, or ad
mission be void of all effect in law : and let him, whatever
he be, that does so institute, or admit in his own right, or
by delegation, such a presentee or collatee, into a benefice
possessed by another, the possessor not being first removed by
a sufficient authoritative sentence in the ecclesiastical court,
let him know that he is suspended from office and benefice
ptill the whole damage be made good to the former possessor
as it ought. And if the clerk so instituted or admitted, do
permit himself to be inducted into a benefice possessed by
another, let him be deemed an intruder, and incur ipso facto
the penalties of intrusion contained in the constitution of
q Othobon, which begins " Damnable self-love," and others in
flicted by the canons and holy fathers. ' By this we intend
not to derogate rfrom the power belonging to ordinaries, so
as that they may not de jure confer benefices which they
have a right to collate to, while they are any how possessed
by others, nor to restrain such by this constitution as accept
of the collation of such benefices*.

' * [Per praemissa tamen, vel infra procurantium et prosequentium (ut

scripta dignitati regiae, vel coronas in praemittitur) cohibere; nee ordinario-

his, quae ad eas pertinent, non intendi- rum potestati, quin beneficia, ad ip-

mus derogare; sed ambitionem insa- sorum collationem spectantia, quovis-

tiabilem clericorum supradicta illicite modo de facto occupata illicite, non de

A. D. 1342.] STRATFORD'S EXTRAVAGANTS. 377

n The heirs being minors, and the king's wards.

0 As to this preamble it is more particularly dark.

p If he be a bishop, two months, if an inferior till, &c., says the Oxford
copy*.

q See constitution of Othobon, 10, 1268.

r From the royal dignity and crown in things that pertain to it. So the
Oxford copy.

14. Lest he who hath recovered the right of patronage in [Lynd.
the king's court lose the advantage of his victory; if the or- p* 2 ''
dinary be writ to, that he admit the clerk presented by the
recoverer to the benefice, let the presentee be freely ad
mitted, if the benefice be vacant de jure, and if there be de

facto no canonical impediment. But if the benefice be not
vacant, let the ordinary intimate so much to our lord the

'king, or his justices, and excuse himself that he cannot
fulfil the king's mandate,, because the benefice at present is
not vacant. And let the clerk presented by him that has
recovered in the secular court, and that farther prosecutes
against the ordinary in the secular court, in contempt of the
form of prosecution to be made, as is premised, in the eccle
siastical court, incur ipso facto the aforesaid sentences of ex
communication, disability, and other penalties of the law and
constitutions published in this respect. But the recoverer
may, if he please, present the possessor to the benefice, that
so his right for the future may be declared.

jure, conferre poterunt, volumus de- arctare. W. Johnson follows Lynd-
rogare, nee eorum collationes bene- wood's text, Provinciale, p. 148.]
ficiorum admittentes hujusmodi co- * [So Wilkins.]

A.D. MCCCXLIIL

PREFACE. ARCHBISHOP STRATFORD'S CONSTITUTIONS.

Sir H. MR. GERY, (and I wish this were his only mistake,) in his

voLiL*11' aPPendix to Dr. Cavers Hist. Literaria, vol. ii.*, places an
p. 581. English synod in the year 1341, and cites for his authority
Sir H. Spelman, vol. ii. p. 549; there the reader will find a
single constitution, which is no other than the last but one
of his extravagants : it is there placed as an appendix to the
form of general excommunications which this archbishop
ordered to be published in his diocese of Canterbury. The
council in which the following constitutions were made is
said to have been holden on the " Wednesday after the feast
of St. Edward, king and martyr, 1342 :" that feast is on the
eighteenth of March, and therefore if the convocation met
before Lady-day, 1342, they could scarce rise till it was
come or -past.. For this reason, and to distinguish these
constitutions from the former, I place these constitutions
A.D..1343.

* [p. 96. Compare Wflkins, vol. ii. p. 675—681.]

A.D. MCCCXLIII.

ARCHBISHOP STRATFORD'S CONSTITUTIONS.

THE constitutions of the lord John de Stratford, arch- LATIN.
bishop of Canterbury, published in the year a!342, on the sirej^,'an
Wednesday next after the feast of St. Edward, king and vol. ii.
martyr, in the church of St. Paul's, London, in the presence

of his comprovincial bishops, viz.. app.,p. 43.

£ Wilkins,

I ne Lords vol. ii.

Radulph, London ; Thomas, Hereford ; P- 702 *•]

Roger, Coventry and Lich- Radulph3 Bath ;

field; Simon, Ely;

John, Exon ; Thomas, Lincoln ;

Robert, Sarisbury ; Wolstan, Worcester ;

Robert, Chichester; David, Bangor;

the rest appearing by their proxies, Edward the Third
reigning in England, Clement the Sixth being chief pontiff.

a But Lyndwood with greater exactness says sub anno 1343. However
the reader will excuse me for putting them in the beginning of this year,
for the better distinguishing them from the former constitutions in my
references.

The ambition of some hath infested the holy Church, the
spouse of Christ, endowed with the privilege of liberty from
above ; therefore the cliief pontiffs of the Church of Rome,
and secular princes, and especially the catholic illustrious
kings of England, recollecting the plagues with which the
Egyptians were stricken for enslaving the children of Israel,
who were a type of the ministers of the altar ; and that the

* [" Concilium Londinense die Mercurii rum; viz. —

proximo, post festum Sancti Edwardi, Ex MS. Cott.' Otho. A. xv. fol. 120,

regis et martyris, celebratum in quo con- a. et MSS. Lamb. 17. et Elien. 235, et

stitutiones domini Johannes Stratford, Oxon. Bodl., Digby 81." Wilkins

Cantuariensis archiepiscopi, editce sunt, places these constitutions in A.D.

in prcesentia comprovincialium episcopo- 1342.]

380 STRATFORD'S CONSTITUTIONS. [A. D. 1343.

oppressions of the Church of England never turned to the
advantage of them that were the authors of them, but to their
detriment, and to the hazard of their salvation, have endowed
the English Church with many prerogatives of liberty, pri
vilege, and immunity; yet because human sensuality, prone
to evil from the youth up, hath so subverted good manners
both in clergy and people, that the remedies hitherto pro
vided have not been sufficient to restrain evil appetites, and
to preserve the rights and liberties of the Church of God ;
we John, by divine permission archbishop of Canterbury,
having invoked the grace of the Holy Spirit, see it proper to
put a stop to the attempts of perverse men, and for the ex
tirpating of vice, and for the reforming both of clergy and
people, to ordain with the authority of this council, and with
the consent and advice of our brethren and fellow bishops
of the province of Canterbury, what is to be observed in
times coming.

[Lynd., 1. The illustrious Edward, king of the English, inspired
with the grace of God from above, desiring that the peace
of the Church and kingdom be firmly preserved, hath long
since required us and our fellow bishops by his letters,
that public malefactors and disturbers of the peace of holy
Church, and of his own peace, felons, maintainers of felons,
conspirators, such as are perjured in assizes or juries, such as
knowingly break their oaths before the justices of our lord
the king, undertakers of false actions, the maintainers and
fautors of those who do manifestly procure the disturbance
and violation of the liberty and right of the Church and
kingdom, within the kingdom, be restrained by ecclesiastical
censure in every diocese, and b desired that such may be in
volved in the sentence of the greater excommunication, and
be publicly denounced excommunicate ; therefore we, imitat
ing the piety of the said king, desiring to curb the boldness
of such perfidious men, by the authority of this council do
will and pronounce that all such malefactors as shall know
ingly offend in this manner within the province of Canterbury
for the time to come, do ipso facto incur the sentence of the
greater excommunication. And we reserve the absolution of
them to the ordinaries of the places, or in the vacancy of the
cathedral churches to such as shall exercise episcopal juris-

A.D. 1343.] STRATFORD'S CONSTITUTIONS. 381

diction there, except at the point of death : and that by the
greater solemnity of the excommunication the exploits of
such offenders may be the more abhorred, we charge by the
approbation of this provincial council, that all and singular
the malefactors aforesaid be publicly and in general de
nounced excommunicate in every cathedral, collegiate, and
parish church of our province of Canterbury on the first
Sunday in Lent, on the feast of Corpus Christi, and two
other festival solemn days yearly, with an intimation of the
absolutions being reserved as aforesaid.

[The archbishop two or three years before had caused the general ex- [Addenda.]
communications against the violators of Magna Charta, &c., to be pub
lished ; the king resented this, as an affront offered to him, and supposed
that the archbishop intended by this to denounce his majesty excommu
nicate, and therefore forbad the bishops to publish them any more. The
archbishop answered that he had made a particular exception of the king,
queen, and royal family. This was while the archbishop was under the
king's displeasure. (See Birchington, pp. 34, 37, 38 *.) The king was now
convinced that the archbishop had not deserved his anger, and was fully
reconciled to him, and desired him to publish the excommunications.]

b Yet no ecclesiastical judgj3, says Lyndwood, is to excommunicate his
subjects at the command of the king or secular judge.

2. The outward habit often shews the inward disposition : [Lynd.,
and though the behaviour of the clergy ought to be the in- p'
struction of the laity, yet the prevailing excesses of the clergy
as to tonsure, garments and trappings, give abominable scan
dal to the people ; because such as have dignities, parson
ages, honourable prebends, and benefices with cure, and even
men in holy orders, scorn the c tonsure, (which is the mark
of perfection, and of the heavenly kingdom,) and distin
guish themselves with hair hanging down to their shoulders
in an effeminate manner : and apparel themselves like sol
diers rather than clerks, with an upper jump remarkably
short and wide, with long hanging sleeves not covering the
elbows : d their hairs curled and powdered, and caps with
tippets of a wonderful length, with long beards, and rings on
their fingers, girt with girdles exceeding large and costly,
having purses enamelled with figures, and various sculptures
gilt hanging with knives like swords in open view ; their
shoes chequered with red and green, exceeding long and va-

* [In Wharton's Anglia Sacra, torn, i.]

382 STRATFORD'S CONSTITUTIONS. [A. D. 1343.

riously pinked ; with croppers to their saddles, and baubles
like horns hanging down on the necks [of their horses], and
cloaks furred on the edges, contrary to canonical sanctions,
so that there is no distinction betwixt clerks and laics, which
renders them unworthy of the privilege of their order*; we
therefore to obviate these miscarriages as well of the masters
and scholars within the universities of our province, as of
those without, with the approbation of this sacred council, do
ordain and charge that all beneficed men, those especially in
holy orders in our province, have their tonsure as comports
with the state of clergymen, and if any of them do exceed by
going in a remarkably short and close upper garment, with
long or unreasonably wide sleeves not covering the elbow,
but hanging down, with hair undipped, long beards, with
rings on their fingers in public (excepting those of honour
and dignity), or exceed in any particular before expressed;
let such of them as have benefices, unless within six months'
time from the committing of these misbehaviours they effec
tually reform upon admonition given, incur suspension from
office ipso facto after the end of those six months ; and if
they continue under it for three months, let them from that
time be suspended from benefice ipso jure, without any far
ther admonition : and let them not be absolved from this
sentence by their diocesans (to whom by the authority of

* [II. De ttabitu et honestate clerico- lutis, et, ut vulgariter dicitur, rever-

rum. Exterior habitus mores et con- satis, et caputiis cum tipettis mirae lon-

ditiones intrinsecas personarum fre- gitudinis, barbisque prolixis incedere,

quenter ostendit; et licet clericorum et suis digitis annulos indifferenter

gestus exemplum esse debeat, et in- portare publice, ac zonis stipatis pre-

formatio laicorum, tamen clericorum tiosis mirae magnitudinis supercingi,

abusus, qui plus solito invaluit his die- et bursis, cum imaginibus variis sculp-

bus, in tonsuris, vestibus, et ornamen- tis, amellatis, et deauratis, ad ipsas

tis equorum, ac aliis, abominabile scan- patenter cum cultellis, ad modum gla-

dalum in populo generavit, dum eccle- diorum pendentibus, caligis etiam ru-

siasticas dignitates, personatus, prse- beis scaccatis et viridibus, sotularibus-

bendas honorabiles, et curata beneficia que rostratis et incisis multimode, ac

obtinentes, in sacris etiam ordinibus croperiis ad sellas, et cornibus ad colla

constituti, coronam (quae regni cosies- pendentibus, epitogiis aut clochis furra-

tis, et perfectionis est indicium) deferre tis, uti patenter ad oram, contra sanc-

contemnunt, et crinium extensorum tiones canonicas temere non verentur,

quasi ad scapulas utentes discrimine, adeo quod a laicis vix aut nulla patet

velut effceminati militari potius, quam distinctio clericorum unde professio-

clericali habitu induti superiori, scil. nis et ordinis suorum preerogativa suis

brevi seu stricto, notabiliter tamen et reddunt demeritis se indignos. W.

excessive latis, vel longis manicis, cu- Lyndwood as usual omits the prearn-

bitos non tegentibus, sed pendulis, ble.]
crinibus cum furrura vel sandalo revo-

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 383

this council we reserve the absolution of them) till they pay
the fifth part of one year's profit of their benefices to be dis
tributed to the poor, in the places where they are beneficed
by their diocesans within three months after. And if during
their suspensions they meddle with divine offices, or with the
administration of their said benefices, as they did before, that
from that time forward they be deprived of their said bene
fices. Let unbeneficed men who commonly and publicly
pass for clerks, if they exceed in the premisses, or in any of
them, be disabled from obtaining a benefice for four months,
unless they do within six months effectually reform them
selves upon admonition given. Farther let such as are
students in the universities of the said province, and that
pass for clerks, if they do not effectually abstain from the pre
misses, be ipso facto disabled from taking any ecclesiastical
degrees or honours in those universities, till by their beha
viour they give proof of their discretion as becomes scholars ;
with a saving for other punishments declared against such
offenders. Yet by this constitution we intend riot to abridge
clerks of open wide esurcoats, called table-coats, with fitting
sleeves to be used at seasonable times and places; nor of
short and close garments while they are travelling in the
country at their own discretion. But because bishops can
not with a good face reprehend others, if they do not reform
themselves and their domestics in this respect, we ordain that
the bishops of this province observe a decorum in their ton
sure, habit, and other points before mentioned, and cause it
to be observed by such clerks as dwell with them. [fAnd [Lynd.,
because it little avails to make laws, unless they are put in p' 16'-^
execution, we charge by authority of the council, that the
ordinaries of the places do, as they ought, make diligent
enquiry every year, by themselves or by others, concerning
these matters, and that they observe the present constitu
tion, and with caution cause it to be observed against of
fenders.]

c Tonsure sometimes signifies not only the shaved spot on the crown of
the head, but the whole ecclesiastical cut, or having the hair clipped in
such a fashion that the ears might be seen but not the forehead.

d Here I follow the Oxford copy, which has it, crinibus furrura, vel
sandalo revolutis, et reversatis. For whatever is the meaning of furrura

384 STRATFORD'S CONSTITUTIONS. [A. D. 1343.

I think it most probable that by sandalum is meant the flour of the best
sort, and that therefore thereby is meant powder, or starch, which then as
well as now was used for the improvement of hair. I can make nothing
of Sir H. Spelman's copy here.

e Made to save better clothes, especially at eating and drinking at
home, Lyndwood*.

f This is not in Lyndwood, but it is in both the other copies f. Lynd
wood begins his gloss at these words, " we therefore, — with the approba
tion of this sacred council."

[Lynd., 3. Although sOtho and Othobon, of good memory, for-
P- 154-] merly legates of the apostolical see in England, took care
by their constitutions that churches should not be farmed
out to laymen, nor to clerks for above five years ; yet some
by a fraudulent device lately contrived, do let out their
churches to laymen, and sometimes to women, or to clerks,
without the diocesan's licence, contrary to those, and other
constitutions ; and for a colour insert the name of a clerk,
together with that of the layman, who is party to the con
tract, in the instruments made for letting such churches,
although the clerk there named be not a party to the con
tract : and the said laymen by means thereof do dwell in
the manses and houses of the churches so let to farm, to
gether with their wives and children, and families, 'and pub
licly exercise trades in them J, and do other unbecoming
business there, to the scandal of the people, and the damp
ing of their devotion, and to the defrauding of the churches,
and lessening of their rights ; therefore by the approbation
of the provincial council, and by way of addition to the said
constitutions, we ordain that from this time forward, so
often as an ecclesiastical benefice is farmed out to a clerk
and a laic in our province, or the name of a clerk is inserted
together with that of a laic in the instruments made for this
purpose ; or when a clerk is feigned to be the farmer, but is
not; or if laics in their own names collect the fruits of bene
fices farmed, and convert them directly to their own use,,

* [Provinciale, p. 124, gl. Mensa- app., and Wilkins, with the omission

libus.~\ of the first few words "Ad haec, quia

f [Also in Wilkins, vol. ii. p. 703. parum valeret jura condere, nisi essent,

Johnson seems to have overlooked the qui ea execution! debitse demanda-

place of Lyndwood's Provinciale noted rent."]

in the margin where the above passage 'J [tabernas in eis publicas facien-

which he has enclosed in brackets is tes, W.]
given nearly as in Spelman, Lynd.

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 385

that such contracts be of no force, and that by virtue of
them one party be not obliged to the other. But we will
that they who from this time forward do so let and take
benefices to farm, be obliged to pay the third part of the
fruits thereof, or of the estimated value thereof, the sum to
be made up between them, if the lessee be solvent, if not
the whole to be paid by the lessor, to the fabric of the
cathedral church of the place, notwithstanding that the
name of a clerk was inserted. And because the religious,
and other h proprietors of benefices in our province, affirm
that they are not * bound by the constitutions aforesaid; we
ordain, with the approbation of this council, that if they let
to farm their benefices, or their portions of tithes and profits
in them, which they enjoy by virtue of their appropriations,
either to clerks, without licence of the diocesan, or to laics in
any manner whatsoever, or are guilty of any excess what
soever, contrary to the tenor of this or other constitutions,
they be for the future punished in manner aforesaid.

e See constitution of Otto, 7, 1237 ; of Othobon, 20, 1268.

h Such as colleges in the universities. But Lyndwood observes that
this is contrary to a constitution of Innocent the Third, A. D. 1212, De
cretal., lib. iii. tit. 18. c. 2, and was not therefore of force so as totally to
disable them from farming out benefices, but only so as that the lay farmer
might have no perpetual property in the tithes, or power over the clerks *.

Farther, Lyndwood in his gloss at the words "provincial council," declares
he knows not who were present at this council, and particularly whether
they were there whose interest was concerned, (I suppose he means the
heads of religious houses, and the proctors of the diocesan clergy.) He goes
on in the following manner : " I say this on the account of what is here
ordained, several particulars whereof are repugnant to common right. For
you ought to know that there is a general, provincial, and synodal (that is,
diocesan) council. To a provincial council the bishops are to be sum
moned, and none else are necessary. Yet if others come they are to be
admitted ; others also must be summoned, that is, such whose actions are
to be called in question f." By these last words, I suppose, he intimates
that the impropriators and incumbents ought to have been at this council,
because their management of their spiritual revenues was here debated,
and determinations made in relation to them. But bishops only are men
tioned in the preface.

1 One,: would think that legatine synods confirmed by the pope, or his
proxy, should have bound the religious, as well as seculars ; but they were

» [Lyndwood, Provinciate, p. 160. f [Ibid., p. 154. gl. Provinciali Con^

gl. Non obtenta.—Laicis quoviamodo."] cilio. Compare above, p. 350, note J.] '

JOHNSON.

386 STRATFORD'S CONSTITUTIONS. [A.D. 1343.

the darlings of the pope, and under no restraints so long as they were
true to him.

[Lynd., 4. Men blinded with damnable error cannot escape the
perdition of their souls ; while they pay the tenth sheaf to
the harvesters for their labour, and by a great mistake in
counting, they leave out that tenth sheaf in their reckoning,
and so pay the eleventh instead of the tenth ; and insist that
they ought to pay the hire of their labourers in the harvest
before the corn be tithed, in contempt of the commandment
of the Old Testament and the New : and there is a new ma
licious invention of some laymen, in exclaiming against the
servants of ecclesiastical men as rogues, and causing them to
be arrested, and causing their masters to be molested for
carrying away tithe sheaves, left as such in the lands, but
yet not marked. And some of them implead ecclesiastics,
and their servants, in the secular courts, and put them to
great trouble and charge for carrying their tithe of corn
and other things through their ground : others permit them
to go only round about ways into and from their farms,
making the proper accustomed roads for their carriages diffi
cult to be passed, contrary to ecclesiastical liberty : farther,
some permit not the tithes, though marked and set out, to be
carried off their lands, so long as any of their own corn re
mains there; but knowingly suffer it to be trampled upon
and consumed by their own and other men's cattle; and do
give, or cause to be given, manifold impediments in the pay
ing, collecting, and carrying away of tithes : we therefore to
obviate such damnable attempts of perverse men, by a whole
some remedy, by the advice of this council, do pronounce
them to be involved in a sentence of greater excommuni
cation, who are guilty of excess in the premisses, or in any
of them within our province from this time forward; and
such as command or procure such unlawful things to be
done, or take upon themselves the doings of those by whose
wicked tricks the right approved custom or liberty of the
Church is diminished, or any injury, damage, or vexation
offered, contrary to ecclesiastical liberty; and we specially
reserve the absolution of such to the diocesans of the places,
except at the point of death.

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 387

5. Although God hath promised abundance of all things [Lynd.,
to those that duly pay their tithes; yet to our grief, some of 355 9]°'
our province, contrary to the doctrine of the Old and New
Testament, refuse to pay tithes to God and the churches, to
which they are notoriously due, of their kceduous wood-lands,
and of the wood lopped off from ceduous trees, (which cost
less labour than the fruits of the earth,) on account that they
have not paid such tithes in time past, which they judge to
be lawful, as established by long custom; and they also
make a doubt what is to be judged ceduous wood : we there
fore, observing that if the Church hath for a long time been
defrauded of her right, the crime is not lessened, but in
creased by this means, and that famine, and want of all
things oppress them who do not duly pay such tithes, de
clare, by a deliberate resolve of this council, that m ceduous
wood-land is that which is kept on purpose to be felled, and
which being cut from the stump or roots grows again, and
that a real, predial tithe of it is to be paid to the mother-
churches ; and that the possessors of such wood-lands are to
be compelled by all manner of Church censures, according to
canon, to the payment of the tithes of the wood, when felled,
as of hay and blade.

k I cannot find that any one has ever given us an English word for
this Latin one ; it is evident that it was not intended to signify coppice,
or underwood only, because trees lopped are called arbores cceduce in this
constitution ; and it is certain that the clergy understood it as compre
hending all felled wood : for there was a complaint against them in par
liament in the forty-fifth year of King Edward III. now reigning, that
tithe was demanded of trees of above twenty years' growth, under the
name of sylva ccedua.

1 Some would have it that a famine now prevailed in the kingdom, an<J
that the convocation was willing to have it believed that it was a judg
ment on the people for not paying tithe of wood ; but the words of the
constitution may well be taken as a general observation, without any
view to the present times in particular.

m Lyndwood here asserts that this description is to be taken disjunc
tively, and that wood is ceduous., if either it be kept on purpose to be
felled, or grows again from its stump or root ; and concludes that timber
trees are tithable, according to the first part of the description * ; although
he lived eighty years after the making of the constitution, and long after

* [Proviiiciale, p. 190. gl. Renascentur.~\

c c 2

388 STRATFORD'S CONSTITUTIONS. [A. D. 1343.

the statute made in the forty-fifth year of this king's reign against de
manding tithe of trees of twenty years' growth and upward *.

[Addenda.] [Here Lyndwood seems to drop the claim of tithe of timber trees : for
he says tithable wood is such as is for firing, not for building ; but still
persists that the oldest trees are tithable if felled for fuel. For he de
livers it as a maxim, that tithe is due of all products of the earth, and
not of the fruits only : he particularly mentions stones dug out of quar
ries ; he asserts tithes to be due of treasure trove, but then he owns this
in effect to be a personal tithe ; for he says it is a tithe of quasi negotia
tion. He farther asserts tithes to be due out of the fees of advocates for
pleading, and masters for teaching f. I fear we shall never be able to con
vince our counsellors learned in the law that this is true.]

[Lynd., 6. Violent presumption subverts reason, and provokes di
vine vengeance, not only coveting what belongs to others,
but by impudently invading what is forbidden, inasmuch as
laymen sacrilegiously lay hands on what is assigned for ec
clesiastical uses. In many parts of our province a custom
is grown up for laymen unlawfully to seize, and convert to
various uses, at their own discretion, the oblations made in
churches, chapels, or cemeteries, at the altars, crosses, images
or relics there ; although under the old law none of the Is
raelites might eat the loaves that were offered, but the sons
of Aaron only : much more may not laymen touch what is
offered with a regard to God in the church, which outshines
the shadow of the law : therefore, with the deliberate advice
of this council, we decree that all laymen whatsoever, who
seize, take away, or dispose of the oblations made, or to be
made in churches, chapels, or the porches, or cemeteries be
longing to any of them, under colour of any "work, custom,
or other pretence whatsoever, without consent of the eccle
siastical persons, to whom the taking of them belongs, and
for a ° sufficient lawful cause to be approved by the bishop
of the place, be laid under a sentence of greater excommu
nication, ipso facto.

" As the building or repairing a church, or steeple, &c.

0 As for instance, if the church want reparation and furniture, and they
who should find it are not able, and one be willing to supply this defect at
his own cost, on condition he may take the offerings made at such a place
for such a time : Lyndwood owns this reason sufficient for the bishop to
grant such a licence, but he will hardly allow it lawful.

* [45 Edvv. III. c. 3. Statutes of f [Provinciale, p. H'O. gl. Lignis. —
the Realm, vol. i. p. 393. ed. 1810.] p. 200. gl. Arlorum.~\

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 389

7. We publish in a new manner the P statute of Boniface [Lynd.,
of good memory, our predecessor, which begins, " Because p" 171'^
when laymen/' &c., concerning which doubts have been raised,
in relation to the goods of intestates, and the last wills of
tenants in villainage, and others of a servile condition, by
adding some things to it, and omitting others ; we decree it
hereafter firmly to be observed in the words here following.
It sometimes happens, that when laymen or clergymen by
divine judgment die intestate, the lords of the fees do not
permit their debts to be paid out of their movables, nor
their goods to be distributed on their own behalf, for the use
of their wives, children, parents, or otherwise, at the disposal
of the ordinaries, in regard to that <* portion which according
to the custom of the country particularly belongs to the de
ceased : others obstruct the free making and execution of the
testaments; and the last will of testators, being r tenants in
villainage, or of a servile condition, as also of women unbe-
trothed, or married to themselves, or to other men, against
the laws and customs of the Church hitherto practised, to the
offence of the divine Majesty, and the evident injury of ec
clesiastical right : therefore we, by authority of this council,
decree that all and singular offenders in these points, or in
any of them, shall for the future be under the sentence of
the greater excommunication. And let not the probation
and approbation of such testaments by laymen be in any
case required, when they have once been proved and ap
proved by the ordinaries to whom it belongs, unless some
slay fee chance to be devised in such testament. Nor let
the clergymen or laymen of what condition soever, hinder
the l testaments and last wills of the deceased from having
their full effect, as to what may be bequeathed by custom or
law : let the transgressors know that they are for the future
involved in a sentence of greater excommunication by au
thority of this council. And we decree that the spiritual
sword be used against those who wickedly exceed in the
premisses, as against violators and disturbers of ecclesiastical
liberties. And we forbid the executor of any testament
whatsoever to administer the goods of the deceased, unless
a faithful inventory of the said goods be first made, the ex
penses of the funeral, and of making such an inventory only

390 STRATFORD'S CONSTITUTIONS. [A. 0.134-3.

excepted : and we will that such an inventory be delivered
to the ordinaries of the places, within a time, to be set by
them at discretion. And after a testament hath been proved
according to custom before the ordinaries, ulet not the exe
cution or administration of the goods be committed to any,
but such as are able to give a due account of their adminis
tration, and can give sufficient security, if there be occasion
for the doing of it, when they are duly required by the or
dinaries of the places. And we ordain by authority of this
council that xno religious, of what profession soever, be ex
ecutors of testaments, unless it be granted him by the in
dulgence and licence of the ordinaries ; and that the parish
church have its accustomed y right out of the portion that
particularly belongs to the deceased. Farther, we ordain
that no executor do apply or appropriate any of the goods of
the deceased to himself by title of purchase or otherwise,
unless what was given him by the testator while alive, or left
him in the testament or last will, or what is allowed him by
the ordinary for his pains as executor, or what was owing to
him from the deceased, or for the reasonable charges of ad
ministering, under pain of suspension from entering into a
church, which we will that the transgressors incur ipso facto.
And let them not obtain absolution till they have restored
what was so unduly applied or appropriated to themselves,
and paid the doubles thereof to the fabric of the cathedral
church, whereof the deceased was a subject, out of their own
goods. And we command all and singular the premisses to
be solemnly published twice every year, in every church of
our province of Canterbury.

p See const, of Boniface, 15, 1261.

q See note (y) below in this same constitution.

* Lyndwood denies that these ascriptitii were slaves, unless in regard
to their masters ; he says they were such as had belonged for thirty years
to the soil, and so made by prescription, or had confessed themselves to be
such twice under writing*.

8 Lands in this age might be devised by testament, says Lyndwood, by
the special privilege of some cities and places. Lyndwood f.

* Testaments are solemnly made in writing, wills by nuncupation.
11 In case that the executor relinquish, or be disabled.

1 See constitution of Peckham at Lambeth, the twentieth, where Lynd-

* [Lyndwood, Provinciale, p. 172. gl. Ascriptitiornm.~]
f [Ibid., p. 174. gl. Legari contingat.]

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 391

wood calls this clause against religious men's being executors a constitu
tion of Boniface *.

y The portion of the deceased was what was" assigned by the ordinary
for the supposed benefit of the defunct's soul, which was to be determined
by custom : sometimes, says Lyndwood, it was the whole personal estate,
as when there was neither wife nor children (and he should certainly
have added) nor parents : sometimes a half, as when there is a wife sur
viving but no children ; sometimes a third part, as when there is both
wife and children : or the portion of the defunct may signify the legacy
left to some religious house, where he chose to be buried by his last will.
In this case the parish church's share was one fourth f . N.B. Before the
thirty-first year of this king's reign the ordinary was not bound to grant
administration to any, but might administer himself ; or if he chose to
grant letters, he might grant them to whom he pleased ; but by a statute
then made he is tied to grant them to the next of kin, if he be a lawful
person J.

8. Improbity hath so blinded the interior sight of some [Lynd.,
ecclesiastical judges of our province of Canterbury, that they p' 228'-"
do not permit the executors of beneficed clerks, and of other
men, of what condition soever, to dispose of their goods ac
cording to the direction of the testators, according to the
sanctions of law and canon; and they usurp the movables
of testators, and of intestates that have movables within
their jurisdictions, (which after the payment of debts should
be applied to pious uses,) so as sometimes to distribute
them at pleasure, and to z exclude [the deceased] them
selves, and their creditors ; upon consideration whereof many
when they are sick do often alienate their movable goods,
so that churches are defrauded, creditors, children and
wives, who by law and custom ought to share in the goods,
are damnified and deprived of what is due to them, to the
great hazard of souls : therefore we ordain that bishops and
other inferior ecclesiastical judges of the province of Canter
bury do not at all concern themselves, except in cases ex
pressly permitted, with the goods of beneficed clergymen,
(who may undoubtedly make testaments by the custom of
the kingdom of England,) or of any other, under what pre
tence soever ; but freely permit the executors of testaments
to dispose of them : and let them distribute such goods of
intestates as remain over and above, after the payment of

* [Lyndwood, Provinciale, p. 167. Consuetum.~\

-e above pp. 203, 295.] J [31 Edw. III. s. 1. c. 11. Statutes

f [Ibid., p. 178. gl. Defunctum — of the Realm, vol. i. p. 351. ed. 1810.]

392 STRATFORD'S CONSTITUTIONS. [A. D. 1343.

their debts, for pious uses, to the kindred of the deceased,
their servants and a friends, for the salvation of the souls of
the deceased, retaining nothing to themselves, but some
small matter, perhaps, for their own pains, under penalty of
suspension from entering into the church; which we will
that ecclesiastical judges incur ipso facto, when they trans
gress, till they have made competent satisfaction in the
premisses.

z See the foregoing constitution, and the note next above.

a Lat. propinqui, near either in blood, or place of abode*. Lyndwood,

9. We observe to our grief that through the growing
wickedness and corruption of men in the province of Canter
bury, prelates of churches, beneficed clergymen, and some
laymen, when they apprehend that they are in danger of
death, do while alive, give away or alienate all their goods,
or so great a share of them, that not only the churches (to
the reparation whereof, as also of the books and ornaments
they were obliged f) are deprived of all remedy, but also the
king, and other creditors are irrecoverably defrauded of their
rights, and their wives and children, if they are married, of
the portions due to them by law and custom : and some who
assist sick men in their extremity have advised and procured
such alienations, and by their entreaties hindered the free
making of testaments, and so maliciously deprive churches,
and others aforesaid, of their right : therefore we, by the
deliberate advice of this council do will that all and singular
within our province, who do thus maliciously or fraudulently
give and alienate their goods, and they who are conscious to
such fraud or malice, the accepters of what is thus alienated,
and they who give their advice, assistance or countenance to
it, do incur the sentence of the greater excommunication,
ipso facto. Farther, let the donors thus alienating their
goods for the grievousness of their excess, be deprived of
ecclesiastical sepulture, any b absolution from the said sen
tence whatsoever notwithstanding. And lest the difficulty
of proving the fraud and malice should render this provision
ineffectual, we ordain that when any of the said province

* [Provinciate, p. 180. gl. Propin- reparationem dum vivebant fuerant ob-

quis.] ligati, W. vol. ii. p. 706. Cf. Lynd. app.,

f [ad quarum, seu cancellorum, li- p. 46. Cone. Prov. Ebor., A.D. 1466,

brorum vel ornamentoruui, earumque Wilkins, vol. iii. p. 601.]

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 393

do so give away, or in any manner alienate all their goods,
or so large a share of them, that it is evident the churches
or other creditors cannot he satisfied as to what is due to
them, nor the wives and children as to their portions afore
said, such donation or alienation be deemed to be done
through malice or fraud, no farther proof being required.

b Here Lyndwood says several things of absolution, which are not un
worthy of my readers' observation. It ought, says he, to be denied to
none at the point of death. But he denies that any can give it but a
priest ; an archdeacon, says he, if he be not a priest cannot give absolu
tion in foro poenitentice, though he may in foro contentioso : and though
absolution is not to be denied to such an offender as is mentioned in this
constitution, from the excommunication inflicted by law, at the point of
death : yet he is not by this freed from the penalty there following, (viz.,
want of Christian burial). When it is said " any absolution whatsoever," if
it be meant of judicial absolution, it may signify either an absolution ad
cautelam, (which uses to be given, when the person excommunicate de
facto offered to prove that he was not excommunicate de jure ; and he had
eight days allowed him to prove it,) or true and final absolution. But,
says he, the absolutio ad cautelam has no place where the excommunica
tion is passed by law, as here ; or any absolution whatsoever may denote
a solemn or unsolemn absolution, an absolution in the court of penance,
or in the contentious court, whether made in particular or in general,
while the man is alive or after his death. But, says he, can such absolu
tion be given by way of potestative jurisdiction without satisfaction first
made ? The reason of the doubt is because the offence is manifest : but
it appears that however manifest the offence be, yet upon giving security
to obey the law, the excommunicate may be absolved. Yet he adds this
is true only in case of contumacy, or when the offence is not manifest, or
when God only is injured by it. For if the offence be certain and mani
fest and the interest of the adverse party is affected by it, then absolution
cannot be given before satisfaction be made, though the excommunication
be passed by law or canon, as it is here : and he asserts the same to be
true when the Church is immediately affected by it. But if the offender
be too poor to make satisfaction, absolution may be given upon the offen
der's putting in security to make satisfaction, whenever his fortunes ena
bled him to do it. He farther adds, that absolution ought not to be given
but in presence of the adverse party, and after satisfaction made, unless
that party be contumaciously absent, though cited. And if absolution be
given without this, it is good, yet not without satisfaction made. A simple
priest at the point of death may absolve from excommunication passed by
law, or by man. If he die excommunicate, yet he may be absolved by him
that was of right to have absolved him, if he had been alive ; and being
absolved he may be buried in the cemetery, and prayers may be made for
him ; unless the excess be grievous, as here. When a simple priest ab-

394 STRATFORD'S CONSTITUTIONS. [A. D. 1343.

solves at the hour of death, yet security for satisfaction ought to be given,
at least on condition that the man's fortunes hereafter enable him to do
it : and he supposes that this may ground an action against the offender's
heirs. But he concludes, that though generally he who is absolved may
be buried, as being free from mortal sin, yet here it is otherwise provided
in terrorem ; especially because it is supposed that he can make no satis
faction, as having given away his estate before : otherwise, if he were able
to make satisfaction, or if satisfaction could be had from his heirs, Christian
burial should not be denied him *.

[Lynd., 10. A probable good often becomes an experienced evil,
p' '-" and then an alteration is allowable. It is a devout custom
of the faithful to observe night-watches, in behalf of the
dead before their burial, and to do it sometimes in private
houses, to the intent that the faithful there meeting toge
ther and watching, might devoutly intercede for them with
God: but by the arts of Satan this wholesome practice of
the ancients is turned into buffoonery and filthy revels;
prayers are neglected, and these watchings are become ren
dezvous for adulteries, fornication, thefts, and other mis
doings: as a remedy for so rife a disease, we ordain that
when ecclesiastical men have performed the c memories of the
dead, none for the future be admitted to the accustomed
night-watches in private houses, where dead corpses often
remain till their burial, the relations and such as say psal
ters for the dead only excepted, under the pain of the greater
excommunication, which they who keep such watches con
trary to the premisses ought to fear.

c Or exequies, as Lynd wood calls them; it was an office for the dead
just now expired, as the vigilice was an office for the nights, and divided
into several hours, or parts : these were used while the corpse was" above
ground : Lyndwood here lets us know upon what ground the devotions for.
the dead were so intolerably multiplied in this age ; for he lays it down as
a certain maxim, that it is better that superfluous devotions be offered in
behalf of men to whom they do neither good nor hurt, than that there
should be any deficiency of them in behalf of those to whom they do good :
he cites this from St. Austin f in Gratian, causa 13. qu. 2. c. 19, and it seema
evident that in his time the rule of praying and offering for none that
died in a habit of sin began to be forgotten J.

* [Cf. Lyndwood, Provincial e, p. following:

164. gl. Absolutione."] Memoriis. i. c. Exequiis, de quibus

f [S. Aug. de cura pro mortuis, c. habes 13. q. 2. c» pro obeuntibus : et c.

xviii. § 22. Op., torn. vi. col. 530, D.J animce defunctorum. et e. q. c. non <&sti-

J [Among other glosses upon the memus. ubi patet ideo generaliter pro

above constitutions Lyndwood has the regeneratis omnibus solennes orationes-

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 395

11. The lust of men is most prone to what is forbidden;
therefore persons too near akin, or who cannot de jure be P- 275-J
married on account of other impediments, yet often desire
to be married de facto, that under colour of matrimony they
may fulfil their unlawful desires; and yet being sensible
that the impediments are known in the parishes where they
dwell, because they find the priests of that parish not dis
posed to solemnize the marriage, on account of the notorious
impediments, or the vehement rumour of them, they remove
for a time to places far distant, and especially to cities or
populous towns, and there procure marriage between them
to be celebrated de facto, sometimes without publishing of
banns, and at unseasonable hours and times, in churches,
chapels, or oratories, and continuing there, or afterwards
returning to their former home, they cohabit together as
man and wife in an unlawful manner, to the perdition of
their souls ; because the ordinaries of the places, and others
among whom they dwell, for fear of trouble and charge, will
not or dare not impeach them for their unlawful coupling,
nor publicly denounce their crimes : we therefore, desiring
to extirpate this evil practice, by authority of this council
do ordain that they who from this time forward do contract
and solemnize marriage, while they know or have a probable
suspicion of such impediments, and the priests who know
ingly make solemnization of such prohibited marriages, or
even of such as are allowed, between such as do not belong
to their parish, (without first having obtained the licence of
their diocesans, or of the curates of the parties contracting,)
and they who by force or fear cause marriages to be d clan
destinely celebrated in churches, chapels, or oratories; and
such as are present at such solemnization, though conscious

fieri; quia non discernimus qui sunt decisa. In his namque fortior est ra-

hi, quibus prosunt, aut quibus non tio quoad ecclesias, quas decet omnis

prosunt. Et ideo melius est, ut talia sanctitudo. de immunita. Eccle. c. de-

super.sint his, quibus non obsunt nee cet. li. 6.

prosunt, quam quod desint his quibus Nocturnas. Diurnas autem non pro-

prosunt, ut ibi dicitur. hibet. Nam tenebrae ad male facien-

Privatis domibus. sc. Extra Eccle- dum aptiores sunt. . . . Unde et furtum

sias. Et idem intelligo in ecclesiis: dicitur a furvo, i.e. nigro, quia ssepius de

nam eadem, imo fortior est ratio pro- nocte fit. .. Et qui male agit, odit lucem.
hibitionis, scilicet evitandi malas con- Vigilias. Consimili ratione sublatae

venticulas, et perpetrandi alia facinora ; vigiliae, quae solebant fieri in ecclesiis

utputa, fornicationem, adulterimn, et in vigiliis sanctorum, de quibus legitur

hujusmodi, quae numerantur sub parte 76. dist. nosce. Provinciale, p. 183.]

396 STRATFORD'S CONSTITUTIONS. [A.D. 1343.

of the premisses, do incur the sentence of excommunication
ipso facto ; and that they be four times every year publicly
pronounced excommunicate in general ; and yet e coerced with
other punishments appointed against such as celebrate mar
riage without banns first published, or otherwise in a clan
destine manner. And because the constitution of Simon
Mepham, of good memory, archbishop of Canterbury, our
immediate predecessor, which begins, "Because inconveni
ences," &c., seems to many to be of Uncertain meaning to
ward the latter end, we, intending to put the sense beyond
doubt, do by approbation of this council declare that it is
so to be understood, that every priest, secular or regular,
who presumes to be present at the solemnization of mar
riage at any other place but a parish church, or a chapel
having of old parochial rights belonging to it, do ipso facto
incur the punishment passed in that case.

d A marriage is clandestine, says Lyndwood, if it be without witnesses,
if the bride be not demanded of him at whose disposal she is, and endowed
according to law, and if the married couple do not abstain from each other
two or three days in honour to the benediction, (yet he confesses there is no
sin in these omissions,) or if it be done without banns. And he mentions
three other instances from Hostiensis. 1. When one come to the age of
puberty, but obliged to another, (by a promise made in his impuberty, I
suppose,) contracts without licence of the Church. 2. When one marries
in his impuberty, while a former contract of his is in dispute. 3. If one
in puberty contract contrary to a special interdict. Yet in all these cases
the marriage holds *.

e He that marries only without solemnity is to be punished lightly,
says Lyndwood ; but if the bridegroom know his bride before the solemn
benedict, and making his oblation in the church, he is to be punished as
a conternner of ecclesiastical custom ; that is, as a transgressor of the
divine will ; (and the canon law here cited says as much, Dist. xi. c. 7.)
But see how he goes on : they who contract without witnesses, deserve a
perpetual excommunication. If marriage be contracted without banns, it
is three years' suspension to the priest, discretionary penance to the parties
married, according to c. 51 of the Lateran council, 1216 f- If one that is in
puberty, but pre-engaged to another in his impuberty, marry, or contract
without the licence of the bishop, he and they who are present, being con
scious of it, are to be punished at discretion. If one in impuberty contract
without the bishop's licence, it is null. Sext., lib. iv. tit. 2. c. 1. If persons
marry contrary to the special interdict of the Church, the penance is arbi
trary, but the marriage holds. Decretal., lib. iv. tit. 16, per tot.+

* [Lyndwood, Provinciale, p. 276. f [Concil., torn. xxii. col. 1038.]

gl. Clan des tina.] J [Ibid., gi. Statutis a jure.]

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 397

f The uncertainty consists in this, viz., whether parochial churches in
clude parochial chapels. See Const. 8 of Mepham, 1328.

12. *By a perverse innovation it comes to pass that when [Lynd.,
prelates of churches make enquiry into the manners, offences, p' 260'-'
and excesses of their subjects, the great men and secular po
tentates, endeavouring to obstruct them in their office, do
forbid their lay-tenants and villains to go out of the place of
their abode to appear before them upon the ordinaries sum
moning them to undergo corrections in a canonical manner
for their crimes and excesses, (though the correction of them
is known to belong to them by law and custom,) or for their
insinuating and proving testaments, or for the yielding up
their accounts of their administration of the goods of de
functs; and do also hinder, or cause them to be hindered,
from doing the same in s places belonging to their lordships,
and do usurp to themselves a jurisdiction in h these points :
others do indict for excessive extortion such ecclesiastical
men as exercise their jurisdiction in laying 'corporal or
k pecuniary penances on their subjects for their faults and
excesses, and in compelling them, 'as they may by their
ordinary powert, to the performance thereof; or in accept
ing pecuniary commutations instead of corporal, in propor
tion to their faults, as justly they may : and they attach and
imprison the persons so indicted, and compel them to make
answer in these matters in their secular courts, and cause
pecuniary mulcts to be laid upon them on this account un
duly, as they please : and many oftentimes come together
with tumult and clamour into the ecclesiastical courts, and
terrify the judges and parties litigant, and such as have
other business there to be dispatched; so that ecclesias
tical jurisdiction is confounded, and the office of prelates
is for a time set aside and obstructed: and impunity en
courages transgressors to incur greater punishment still,
and to lay themselves open to the arts of the old enemy :
others cause many to be indicted, attached, imprisoned,
and variously to be molested in the secular court, for bring
ing their causes, according to law and custom, to be tried in

* [Compare Cone. Prov. Ebor., 'f [sicut ordinarie ipsis licet, Lynd.
A.D. 1466, Wilkins, vol. iii. p. 601.] sicut ordinariis ipsis licet, W.]

398 STRATFORD'S CONSTITUTIONS. [A.D. 1343.

the ecclesiastical; as likewise the advocates who plead for
them, the proctors and other ministers, and the ecclesias
tical judges, who take cognizance in such matters : and they
often lay heavy mulcts, and variously afflict and vex their
tenants and others, to their great pains and charges, if they
betake themselves to the ecclesiastical court for causes and
matters which of right and custom are there to be handled,
if they do not desist: others do unjustly obstruct, or cause
to be obstructed, the bishops, when they are disposed duly
to exercise their jurisdiction in the cities and other places sub
ject to them, concerning such things which notoriously belong
to them, or such as have the care of their lawful and cano
nical mandates for the exercise of their ecclesiastical juris
diction, and the execution of them ; and they presume to
seize, beat, or injuriously to treat the messengers that carry
such mandates, and that desire duly to execute them : some
temporal lords also and their bailiffs, pretending falsely
that the goods of such as are deceased within their districts
are devolved to them, do hinder the ordinaries from con
verting such goods for the payment of the defunct's debts,
and to other pious uses for the salvation of their souls, (as
was of old ordained by consent of the !king and great men,
in behalf of the ecclesiastical law and liberty,) to the great
diminution of ecclesiastical right and liberty, to the obstruc
tion and enormous impairing of the jurisdiction belonging
to ecclesiastical men : we therefore, with the deliberate
advice of this council, do pronounce them and every of
them to be involved in a sentence of greater excommuni
cation who offend in the premisses or in any of them, or
that commit these things or any of them ; or that give their
consent, advice, aid, or favour to them, or that take such
facts, or any of them, on themselves, or accept them as done
in their behalf or name. And we reserve the absolution of
them specially to the diocesans of the places. And we
charge that such offenders be four times in every year pub
licly denounced excommunicate in general, in every parish
church of our province of Canterbury.

e It is certain that by the ancient laws of this kingdom men of servile
condition could not without their lords' leave go out of the bounds of the
manor to which they belonged ; and it should seem that this was thought

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 399

a just excuse for a villain's not appearing at the summons of the ordinary,
and it seems plain, that to obviate this excuse, ordinaries did sometimes
keep their courts in an ambulatory manner, in the place, wherever it was,
where the offender lived.

h This I conceive is to be understood principally of the probate of wills,
which many lords did always claim as belonging to themselves.

1 Lyndwood here only* mentions fustigation as a corporal punishment
to be inflicted by ordinaries, and says it should be executed more mo
derately on gentlemen than on those of a base condition.

k Though Lyndwood make no question but corporal punishment may be
inflicted by ordinaries, yet he argues against pecuniary, and concludes
that it may be done by such ordinaries as have power of dispensing with
the crime of which the party is convicted, or by archdeacons, where there
is a custom for their doing of itf. In another place (p. 52) he says they
ought not to lay pecuniary penance on a man oftener than three times in
one year for the same crime ; for fear (I conceive) lest they should seem
to act out of covetousness J.

• Stat. 13 Edw. I.§

13, Secular princes, receiving their power from God, are [Lynd.
wont by the terror of the sword, to force the haughty to that p< 264'-
which the priests of the Church are not able to make them
submit to : therefore it is a tradition of venerable antiquity,
that if excommunicates arrogantly, with a hardened heart,
abandon humility and reconciliation, the royal power, when
invoked, with due rigour should give assistance against such
rebels by confining them in gaol. But it sometimes happens
that the bishops are commanded by the king's writ, (in behalf
even of those who, being excommunicated for manifest of
fences, have been taken up and laid in gaol upon the pre
late's certificate,) that if they who have been so taken up give
security to stand to the commands of the Church and to obey
the law, that then they cause them to be set free from the

* [This is a mistake ; Johnson mis- qua habetur 90. di. si quis contristatus.

understood the gloss to which the above Alia verberationis. 23. q. 5. circumcel^

note refers, and overlooked another on Hones. Alia servitutis 36. q. 1. de rap-

the same page, as may be seen by the toribus. Alia publicationis omnium

following quotations : bonorum : 43. dist. Adrianus. Alia exi-

Pvenitentias corporales. Ut puta, lii 43. dist. in synodo in fin. De his

fustigationes sive disciplinationes, de poenis plenius notatur per Jo. in summa

quibus loquitur c. fcelicis. de poenis. §. confess, li. 3. c. 32. q. 1. Lyndwood,

cum autem. li. 6. Et talis poena cor- Provinciale, p. 261.]

poralis major debet imponi vili quam f [Ibid., gl. Pecuniarias. — Licet.]

nobili. — J [Ibid., p. 52. gl. Poena. canonica.'}

Poenitentiis corporalibus. Hae quin- § [c. 19. Statutes of the Realm, vol.

tuplices sunt. Nam una est jejunii i. p. 82.]
sive abstinentiae per macerationem, de

400 STRATFORD'S CONSTITUTIONS. [A.D. 1343

gaols where they are kept. And if bishops do it not, (as they
neither can nor are by law bound to do till due satisfaction
is made,) then another writ is directed to the sheriff that he
without delay set them at liberty, when he hath first taken
such security of them. Farther, upon a suggestion to the
king's court in behalf of an imprisoned excommunicate, that
he is ready to obey the commandments of the Church, although
this be not true, yet the sheriffs are commanded to let him
out of gaol, without taking any notice of the parties at whose
instance he is excommunicated. And sometimes upon a sug
gestion that the imprisoned are excommunicated in such a
cause as belongs not to the ecclesiastical court, the sheriffs have
a warrant sent them to let them forthwith out of gaol, if they
are excommunicated in such a cause, and none other; and
no credit is given to the process of the ecclesiastical judge as
to the cause of the excommunication, but excommunicates
in such cases are unduly enlarged, by which means the office
of judges ecclesiastical is confounded, while laymen, wholly
destitute of the key of power and knowledge, (who are under
a necessity of obedience, insomuch that all authority of taking
cognizance and giving commands in things of ecclesiastical
jurisdiction is forbidden them,) do put their scythe into other
men's harvest, and the sheriffs and bailiffs who set such ex
communicates at liberty, and other friends, and many of the
faithful by communicating with such excommunicates have
their souls plaguily infected and moverwhelmed with dangers.
Being zealously set against these practices, we ordain that
the excommunicates in our province, who having been taken
up do so make their escape out of prison, contrary to the
liberties and customs of the Church of England, be publicly
denounced excommunicates in a solemn manner in the most
remarkable places, with bells tolling and candles "lighted, to
their greater confusion and shame : and that all commerce
with them for their own advantage, and the communion of
the faithful, be utterly forbid them. And that such as un
lawfully communicate with them be ° smartly punished with
out respect of persons.

m Lyndwood here with approbation cites the opinion of Johannes
Andreas, a notable canonist, viz., that it is a venial sin to communicate

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 401

with excommunicates, except in the following cases, viz., 1, when done in
contempt of the keys ; 2, or in contempt of the superior who passed the
sentence ; 3, when a man communicates with an excommunicate in his
crime for which he suffers ; 4, when he communicates with him whose
partakers are excommunicate ; 5, when he communicates with an excom
municate in things pertaining to God ; 6, when he too frequently commu
nicates with him*.

n Lyndwood in his gloss adds, and thrown down to the ground and
trampled under footf.

0 With the lesser excommunication if they have not been particularly
admonished to forbear his company, with the greater if they have been so
admonished J.

14. Because it is forbidden by the laws both p divine and [Lynd.
secular, that laymen should have the disposal of things which p> 267'
belong to the Church, that scandalous usurpation is to be
turned out of doors, by which some parishioners of our pro
vince of Canterbury, not knowing their own property and
the bounds of it, or rather arrogantly going beyond them, do
at discretion fell, pull up, or mow, the trees and grass grow
ing in the cemeteries of the churches and chapels, without
and against the consent of the rectors and vicars thereof, or
of the stewards deputed by them; and apply them to the
use of themselves, or of the q churches, or of other men, with
a sacrilegious impudence, from whence daily arise great dan
gers of souls, contentions and grievous scandals between the
prelates and their parishioners; we declare by authority of
this council, that these rash scorners are involved in the
sentence of greater excommunication passed in the ''consti
tution of Othobon, legate of the apostolical see in England,
and in the council of Oxford, against violators of ecclesias
tical liberty. And we charge that they be according to the
rites and canons publicly denounced excommunicate by the
rectors or vicars, who perceive their churches injured as to
these particulars by any such usurpation hereafter unlawfully
made ; and we decree that the usurpers aforesaid be repelled
from the communion of the faithful, till they offer effectual
amends, and do competently well perform it.

* [Lyndwood, Provinciale, p. 266. terram projectis ac pedibus conculcatis,
gl. Cumulantur.~] 11. q. 3. c. debent, ibid.]

f [Candelis accensis. Supple, et in J ibid., gl. Censura eccksiustica.~\

JOHNSON.

402 STRATFORD'S CONSTITUTIONS. [A. D. 1343.

p Lyndwood says the canon law is here called divine*.

q Trees in churchyards are to be cut down only for repairing the chan
cel or (by way of charity) the church, by the stat. of 35 Edw. I. c. 4.
Under this pretence laymen, I suppose, took the liberty to cut down such
trees. Lyndwood intimates that some copies of this const, had an addi
tional clause, declaring that parishioners were not to cut down such trees
without leave of the rector or vicar, but that this was not genuine f .

r See 12 const, of Othob., 1268 ; 1st of Langton, 1222.

[Lynd., 15. The impudence of perverse men erecting its rebellious
p' crest, dares, with a contempt to all that is reverend, unjustly

to violate sequestrations lawfully laid by bishops, or their
s vicars general, or principal officials, for just and real causes,
on goods ecclesiastical, or other, in cases permitted by law ;
insomuch that their canonical precepts are despised; that
therefore such offenders may be restrained from their ex
cesses, we ordain, with the deliberate advice of this council,
that such * violators of things sequestered within our province,
after, and in opposition to publication thereof openly made
in the places where the things thus sequestered remain, do
incur the sentence of greater excommunication ipso facto.
[p. 114.] Yet, if an appeal be made, and lawfully prosecuted, from the
sequestering judge, the possessors of the sequestered goods
may freely and with impunity use them pending the ap
peal J.

• Principal officials are for hearing causes only, vicars general for the
exercise of all voluntary episcopal jurisdiction, excepting what the bishop
reserves to himself, as collating to benefices, &c. See Bishop Gibson's ex
cellent discourse on the distinction of these two offices, which have been of
late years united, in his preface to the Codex §.

1 They violate things sequestered who apply to their own use such
valuable chattels as are by judge of court put into a third hand to be
kept till it appears to which party in suit the said chattels belong.

[p. 97.] 16. The prevailing wickedness of the times, while the
world is still waxing worse, causes the minds of men to exert
the utmost efforts of malice ; ' insomuch that some of our
province endeavouring to spite others do fraudulently and

* [Divinis, i. e., Ecclesiasticis, nam sequestratorum, et alii libere et impune
Jus Canonicum, Jus Divinum dicitur, utantur eisdem, W. Cf. Lyndwood,
ibid., p. 267.] Provinciale, p. 114, 115, gl. Sequestri.

f [ibid., gl. Ecclesiarum.'} — Et alii.]

£ [Si tamen a sequestro fuerit ap- § [Codex Juris Ecclesiastic! Angli-

pellatum, et appellatio legitime prose- cani, Introd. Disc., p. xxiii.]
cuta, ea pendente, possessores bonorum

A. D. 1343.] STRATFORD'S CONSTITUTIONS. 403

maliciously obtain the king's warrant in actions of account,
trespass,, or such like, against those to whom they design
mischief, [as being in] a county to which they do not be
long, in which they never were, or had any dealings, or com
mitted any offence, or did business for any man; and so
prosecute them who know nothing of the matter, that they
are "outlawed or banished out of the kingdom*. Now be
cause process and sentence against such as are ignorant and
defenceless is justly condemned by the law ; nor should men's
malice be indulged ; we ordain that whatever clerks or laics
in our province do for the future surreptitiously, fraudulently,
and maliciously obtain, prosecute, cause or procure such pro
ceedings; or that do knowingly give their advice, help, or
countenance, or take them on themselves, as done in their
name, they do ipso facto incur the sentence of the greater
excommunication.

u Here I follow Sir H. Spelman, and Lyndwood's copy was here the
same with that when he wrote his gloss, though now it is relegantur for
utlagantur. These were gross abuses and deserved a censure, though the
proper redress of such evils was in parliament.

We charge that the constitutions of this council and the [Lynd.,

181

provisional remedies be inviolably observed for the future in p'
our province of Canterbury, and do enjoin our fellow bishops,
and all suffragans, and command them to publish them, and
to cause them to be published by others, as the law requires,
and to be made known to all for the common utility, the
praise and glory of the name of Jesus Christ. May He ex
tirpate vice, and graft virtue on His Church, and direct the
government of the kingdom of England, grant peace and
cherish concord. Amen.

' * [unde nostrse provinciae nonnulli bonave administraverint inibi cujus-

aliis malignari conantes, brevia regia cunque, fraudulenter et malitiose im-

de compute, seu de transgressione, vel petrare prsesumunt, et adeo contra eos

alia contra illos, quibus nocere deside- ignorantes clam prosequuntur in illis,

rant, ad extraneos comitatus, in quibus quod utlagantur vel foris banniuntur

sui nunquam fuerint adversarii, nee a regno. W.]
contraxerint, vel deliquerint ibidem,

D d2

A.D. MCCCXLVII.

ARCHBISHOP ZOUCHE'S CONSTITUTIONS.

LATIN. WILLIAM la Zouche, archbishop of York, published the
Speknra, following constitutions at Thorpe, near the city of York, in
vo1- »• a provincial council there holden : John Thursby, his imme-
[Wiikins, diate successor, gave them a new sanction, and from his con-
V°69* 1 stitutions only we have them.

William, by divine permission, &c. When we diligently
consult the good and ease of our subjects, then we believe
we exercise the pastoral office. Earnestly considering of late
the difficulties and excesses which stipendiary chaplains have,
and do occasion in a agreeing for, and receiving their annual
stipends, by reason of the scarcity of such chaplains; and
earnestly desiring to restrain and moderate these difficulties
and excesses as far as by God's help we can ; for the good of
such of our subjects as are willing to hire such stipendiaries, we
have thought fit that it be ordained, bwith the advice of our
assistants well learned in the law, after full deliberation, that
all and singular chaplains already ordained, or hereafter to
be ordained, be content with the underwritten wages, under
the penalty mentioned below, viz., that no chaplain, although
he is to be c parochial, take of any man in any wise for his
annual stipend above the sum of six marks, either in money
numbered or in other things : which stipends are known to
be [but] sufficient, all things considered, especially during
this scarcity of chaplains. And we forbid all and singular
such chaplains ordained, or to be ordained, that any of them
take more than the sum before taxed for his annual stipend,
under pain of suspension from celebrating divine offices for
one year; which said suspension we have decreed, that he

* [See below, A.D. 1367.]

A. D. 1347.] ZOUCHE'S CONSTITUTIONS. 405

who receives more do incur ipso facto. We farther forbid all
and singular rectors, prelates of churches, vicars, and other
ecclesiastical persons who have chantries, chapels, oratories,
hospitals, or other ecclesiastical benefices whatsoever within
our d diocese, in virtue of holy obedience, and under pain of
forty shillings to be applied to our ealmnery*, to permit any
one to celebrate divine offices as stipendiary chaplain in their
churches, chapels, chantries, or other benefices, unless he be
content with the sum of six marks for his annual stipend.
And we in the same manner, and under the same penalty,
forbid all and every of the aforesaid to admit or permit
any one to celebrate anniversary or peculiar masses in their
churches, chapels, chantries, hospitals, oratories, or any ec
clesiastical places within our diocese whatsoever ; till the
parish churches are first provided with parochial chaplains
at the rate before taxed : and lest these cur ordinances,
prohibitions, and statutes should through disuse f lose their
effect, we will and ordain by this writing that diligent and
exact enquiry be made every synod, to be celebrated in our
church of York every Easter and Michaelmas, and at other
seasonable times every year, 'to the intent that they who ob
serve not the premisses be punished as is f below directed J ;
and otherwise according to canon. Yet we intend not by
these our ordinances and statutes, occasioned by the scarcity
of chaplains, to derogate from a synodal constitution pub
lished in former times, concerning the stipends to be re
ceived by hired priests.

a I read conventione^ not convert

b By this and several other particulars it appears that this and the
three following constitutions were first made in a diocesan synod, and
that when they were enacted into provincial constitutions by this council
the unskilful scribe did not make proper alterations.

c The parochial chaplain seems to be a curate by the following part of
this constitution.

d See note b.

e I read eleemosynarice not eleemosynce.

{ It should be "above directed," unless this constitution be maimed. And

* [Johnson omits, sen abusum, W.] servantes pcenis supra scriptis, et aliis,

f [et sub poena quadraginta solido- prout expedire videbitur, canonice pu-

rum eleemosyuas nostrae applicando- niantur, W.]

rum, W.] § [So Wilkins.]

' J [ad effectum ut prsemissa non ob-

406 ZOUCHE'S CONSTITUTIONS. [A. D. 1347.

this as well as the rest of these constitutions hath had ill fortune in
falling into the hands of ignorant or thoughtless transcribers.

2. Whereas by means of women's and nurses' laying little
children in bed by them, the said children are often overlaid
and suffocated ; and so death proceeds from them of whom
the perfecting of their life was expected; now we forbid
fathers, mothers, nurses, and all that have the custody of in
fants, to lay them in the bed together with themselves, but in
cradles, or other secure places apart, where there is no fear
of suffocating them; and that in giving them suck they do
by no means fall asleep upon their cradles.

3. Although the earth be the Lord's, and the fulness
thereof, yet He hath graciously granted it to be tilled and
manured by His people; but hath reserved the tithes of
their fruit and labour to the priests and levites, who are
pre-elected as the Lord's portion to minister in the churches :
by virtue of which reservation the rectors of churches and
ecclesiastical persons freely take the tithes of sheaves, and
other things within the parishes committed to them, and
have freely carried, or caused to be carried, the said tithes
by and through the same places, by and through which the
owners of the farms do and have carried away the nine parts
of such sheaves, or caused them to be carried by others ; and
the said rectors and ecclesiastical persons have been in pos
session of this quasi liberty peaceably, continually and quietly,
for time beyond the memory of man ; yet some degenerate
sons of holy mother Church, not considering the heavenly
favour in giving them nine parts, do obstruct the ministers
of Christ in divers manners by exquisite malicious inventions
in the free taking of the tenth part : some [permit] them
freely to take the tithes [but not] to carry them by the ac-
customable ways and roads; but maliciously compel them to
be carried by long round-about windings and turnings ; others
do not permit the sheaves, though set out and marked for
tithe, to be carried off their lands while any of their own
corn remains there, and fraudulently permit the tithes know
ingly to be trampled on, and consumed by their own and
other men's beasts; and do not permit the rectors to give
orders concerning such tithes, to the offence of the divine

A. D. 1347.] ZOUCHE'S CONSTITUTIONS. 407

Majesty, the notorious violation of ecclesiastical liberty, the
great damage and grievance of the rectors and ecclesiastical
persons, and to the pernicious example of others : desiring
therefore, according to our duty, to make wholesome pro
vision against such malice and wrong wickedly committed in
contempt of God and the Church, by the oracle of these pre
sents we firmly forbid that any one of what condition, quality,
or degree soever, do hinder or disturb, or cause to be hindered
or disturbed, rectors of churches or other ecclesiastical per
sons, their servants or ministers, from wholly and freely taking
the tithes of sheaves, hay, and all other things whatsoever
belonging to them and their churches, whensoever or where
soever arising, unconsumed by beasts, undiminished by any
other means wilfully used to the damnifying of them ; and
to carry them through such places as the nine parts are ac-
customably carried, and to dispose of them at their own dis
cretion, under pain of the greater excommunication, which
we will that all and every transgressor do incur ipso facto.

4. Contains the prohibitive part of Archbishop Stratford's
ninth constitution, A.D. 134^, though in different words, yet
to the same sense, and adds, "It had been forbidden that
such alienations or donations should be made for the future,
under any colour, or by what contrivance soever, by the pro
vident deliberation of a provincial council celebrated in the
chapter-house of our church of York :

Then he proceeds to the penal part in these following
words , viz.

And because experience teaches that a general prohibition
does not reclaim such as are given to mischief, unless they
be restrained with fear of punishment, we, by the authority
of this synod, do lay all and singular who give their advice,
help, or countenance to such donations or alienations under
a prohibition from entering into the church ipso facto. 'And
let such as so give or alienate their goods in the g diocese
aforesaid for their grievous excesses be deprived of eccle
siastical burial, [if] there be proof of any fraud, or malice —

8 See note b, const. 1 .

408 ZOUCHE'S CONSTITUTIONS. [A. D. 1347.

The remainder is partly unintelligible, partly a repetition
of what had been said before*.

5. Whereas all show of corporal levity ought to be far from
the sacred order, it is utterly forbid by the sacred canons
[and] fathers under heavy punishments and censures, that
ecclesiastical men in holy orders, especially priests, (whose
behaviour is soon imitated by the laity, to whom they ought
to be a pattern of good life,) should wear clothes ridiculous
and remarkable for their shortness, or seek glory from their
shoes, but study to please God and man by the habit of their
bodies and the state of their minds, and shew their inward
by their outward decorum ; so that nothing may appear in
them offensive to the eyes of the beholders ; for as the

[Ecclus. h Scripture says, an incomposed body shews the disposition
'Jof the mind, and indecent apparel vilifies them that wear it,
and scandalizes the weak spectator : yet many clerks in holy
orders, and priests, forgetting their dignity, office, and order,
do manifestly apparel themselves contrary to the constitu
tions, and the penalties thereby ordained, in clothes so short
as not to come down half way of the legs, or even to the
knees, contrary to decency and the honour of the sacerdotal
order, out of an affectation to shew their shapes and the
looseness of their manners; and they do not desist daily
and publicly to do so, to the hazard of their own souls, the
scandal of the clerical order and Church, and evil example
of others, Christ's faithful people : therefore this provincial
council, desiring to put a stop to these affectations and to the
danger of souls, hath decreed and ordained that all punish
ments and censures whatsoever provided by such constitu
tions, canons, and statutes in what manner soever, be put in
execution against such offenders.

h I do not find any such words in Scripture, but there may be some
thing like it in Ecclus.

6. Because many Archdeacons, deans, abbots, and other

' * [Donantes insuper et sua bona quocunque titulo, ut prsemittitur, alie-

in nostra dicecesi praedicta taliter alie- nant inter vivos ; vel in tain immensa

nantes propter sui gravitatem excessus quantitate, quod ecclesiae, regi, credito-

ecclesiastica careant sepultura, pactum ribus, uxori, et liberis satisfied non po-

autem fraudis seu malitias in hoc casu terit de residue, sicut juris ratio exige-

ipso facto probatur intervenisse con- ret, et consuetude, si hujusmodi aliena-

ventum, quoties aliqui omnia bona sua, tio facta taliter non fuisset. W.]

A. D. 1347.] ZOUCHE'S CONSTITUTIONS. 409

ecclesiastical men pretending to have jurisdiction, and the
cognizance of matrimonial causes, are not ashamed to put in
commission simple and unskilful men now of late for the
examining and determining such matrimonial causes (which
ought beyond all other causes to be more diligently debated,
and more maturely determined) contrary to sacred sanctions
and the institutes of holy fathers ; and do make such insuf
ficient persons, and even Maymen officials, commissaries, or
guardians with power of hearing matrimonial causes, to the
hazard of their own souls and the prejudice of the common
wealth ; and these officials or guardians do substitute others
insufficient and unskilful (by the intervention of a sum of
money sometimes) to take cognizance of matrimonial causes
between some certain persons, and to determine them, inso
much that these officials or guardians by themselves or by
their commissaries do not only hear causes of matrimony
and divorce, but pass unjust and in many respects indiscreet
definitive sentences, from which we know by experience, that
not only scandals but danger of souls does daily arise ; now
we, !John, archbishop*, with advice of our suffragans and
clergy assembled in a provincial council, desiring to put a
stop to such scandals and dangers, so far as by God's help
we can, following the holy fathers and sacred canons, do
firmly forbid and prohibit all and singular archdeacons,
deans, abbots, provosts, and other ecclesiastics whatsoever
that have jurisdiction in our city, diocese, or province of
York, and their officials and guardians of spiritualities de
puted, or to be deputed, that they the aforesaid presume not
to make or substitute, to take cognizance of causes of matri
mony or divorce, as to what concerns the contract, any
others than fit, provident, faithful men learned in the laws,
or at least competently well exercised in judging such causes ;
and that they do not give definite sentences anywhere else
than in the chapters to be celebrated by them, under pain of
suspension to the archdeacons, deans, abbots, provosts, and
others claiming ecclesiastical jurisdiction, and under pain of
the greater excommunication to the officials, who substitute
insufficient men in the premisses, and to the said insufficient
commissaries, who knowingly accept such [deputation] and

* [Nos Johannes archiepiscopus, W.]

410 ZOUCHE'S CONSTITUTIONS. [A.D. 1347.

do hear such causes ; and we will that all and singular the
aforesaid, who knowingly or through gross affected ignorance
presume to transgress this constitution, and do not effectually
observe it, do ipso facto incur the punishments declared by
this constitution, as is above more distinctly and fully ex
pressed.

1 By this it should appear that archdeacons had cognizance of matri
monial causes in the province of York.

k From hence we may see the original of lay-chancellors.

1 It should certainly be William, but the scribe's thoughts were on John
Thursby, who re-enacted these constitutions.

7. Although the sacred canons forbid clandestine mar
riages (as dangerous to the souls and bodies of men bring
ing damage to the contractors and the common-wealth)
under grievous penalties; yet some contriving unlawful
marriages, and affecting the dark, lest their deeds should
be reproved, procure m every day, in a damnable manner,
marriages to be celebrated without publication of banns
first duly and lawfully made, by means of chaplains that
have no regard to the fear of God and the prohibition of
the laws, without any dread of the penances passed and
published against such as contract marriages in this manner,
or celebrate or are present at them. We therefore, the arch
bishop aforesaid, with the consent of our suffragans and
clergy, desiring to repress the impudence of such chaplains
and of the parties contracting, and of others who procure
the solemnization thereof by an accumulation of punish
ments, do prohibit all the forementioned, under pain of
the greater excommunication, which we will that all of the
city, diocese and province, who transgress this constitution
do incur ipso facto; and let no priest of what condition
soever, whether secular or regular, celebrate or be present at
a clandestine marriage ; but let banns be first published for
three solemn days, as often as marriage is to be solemnized
between their parishioners, in the churches or chapels to
which the contracting parties belong, a sufficient time being
assigned for the making objections, if any can and will do
it; and let the priest, notwithstanding this, enquire, whe
ther there be any impediment, or whether any one declares

A. D. 1347.] ZOUCHE'S CONSTITUTIONS. 411

against, or contradicts it in any wise : and if any objection
or probable suspicion do appear against their coupling to
gether, let the contract in no wise be celebrated, but ex-
pressly forbidden, till a competent judge have declared in a
legal manner what ought to be done ; n or else, till the parties
contracting are dispensed with by the licence of the superior
ordinary, as to the intervals of time, [and] the publication
of banns. And we reserve to ourselves within our city and
diocese, and the persons thereunto belonging, and to our
suffragans in their cities and dioceses, or to our superiors,
the absolution of all those who incur these punishments, or
any of them, excepting at the point of death (°as touching
such impediment) : and we declare all sentences pronounced
in causes of matrimony or divorce, in any wise contrary to
the tenor of this constitution, to be null and void, so as not
to have the name or effect of sentences, when passed by such
persons ; with a saving to the constitutions of p Otto, legate
of the apostolical see in England, providently published in
regard to the cognizance of such causes ; and all other canons,
constitutions and statutes, published in relation to the pre
misses, from which we intend not to derogate in any respect,
but desire that they be observed.

m I read indies *, not Judceis.

n Lat., vel alias de superiore ordinare licentia cum contrahere volentibus
quoad temporum inter stitia bannorum editioncm fuerit dispensatum f /
which I thus read, vel alias de superioris ordinarii licentia cum contrahere
volentibus quoad temporum interstitia, et bannorum I, &c. If my conjec
ture stand, here is a proof of licences for marrying without banns two
hundred years before the Reformation. And I am persuaded, that the
words cannot reasonably be so altered, as not to be a proof of this practice.
Licences of this sort were always restrained to the superior ordinaries, that
is, bishops, in places not exempt. The interstices, or intervals of time are
meant of the term fixed by him that published the banns for making the
objections mentioned just before in this constitution ; and I cannot but
wish that such a fixed term had been always indispensably observed.

0 I know not the meaning of these words, as here placed.

p See constitution of Otto 23, 1237.

And lest these ordinances, constitutions and prohibitions
in the premisses, lose their effect through disuse §, (which

* [So Wilkins.] t [So Wilkins, vol. iii. p. 72.]

f [Spelman, vol. ii. p. 606.] § [Johnson omits, seu abusum, W.J

412 ZOUCHE'S CONSTITUTIONS. [A.D. 1347.

God forbid,) we will, ordain, and command all our subjects
by this writing, under the penalty aforesaid, that in every
chapter celebrated in every deanery, in cities and other
proper places and times, all the premisses be read and so
lemnly published by the deans ; and that every year diligent
and exact enquiry be made and had in the premisses,
to the intent that they who do not observe them may
have the punishments abovesaid, and other punishments,
as shall be thought expedient, inflicted on them, according
to canon. And lest rectors, vicars, and other our subjects
of the clergy and people should pretend their ignorance of
the premisses, we enjoin all and singular rectors and vicars,
in virtue of obedience, and under the penalties aforesaid,
that they and every of them have and take true copies of all
the premisses within two months after the publication hereof
notified to them, and observe all and singular of them, in all
and every of the articles, and do publicly intimate and ex
plain them every Lord's day to their parishes and subjects*
as they desire to avoid canonical vengeance. In testimony
of all which, we have caused our seal to be hereunto put.
Dated at Thorp near York, as to the sealing thereof, on the
last day but one of the month September, A. D. 1347"*, and
the fifteenth of our consecration f.

* [Rather A.D. 1367. See Wilkins, first a modification of the clauses of

vol. iii. p. 68, 69, 72.] excommunication with respect to matri-

f [" Hucusque codex rev. episc. mony, and the second a statement of

Assaven." Wilkins, vol. iii. p. 72, note cases of confessions reserved to the

a. The other MS., Cot. Vitell. D. 5, archbishop of York and his peniten-

according to Spelman and Wilkins, tiary, as below, A.D. 1363, 4, 5.]
contains two more constitutions, the

A.D. MCCCLI.

ARCHBISHOP ISLEP'S CONSTITUTION.

A CONSTITUTION of the lord Simon Islep, archbishop of LATIN.
Canterbury, published at Lambeth, on the twelfth kal. of speiman,
March, A. D. 1351, in the reign of King Edward III., and vol. ii.
the pontificate of Clement VI. not extant

Simon, by divine permission archbishop of Canterbury, in Lynd>
primate of all England, legate of the apostolical see, to our app., p. 54.

venerable brother lord Ralph, by the grace of God bishop
of London, health and brotherly charity in the Lord. When p. 13*.]
we lately in a parliament royal holden at London, insisted
upon a due reformation of some injuries at which we could
not connive, done to God and the holy Church; for that
secular judges putting their scythe more than usually into
God's harvest, notoriously exceeding the bounds of their judi
cial power, and usurping a power over the Lord's bishops1, l [christos
who are by no law subject to them, in criminous cases, are
not afraid to condemn and deliver such as are notoriously,
publicly and commonly known, and by themselves and others
esteemed clerks, and even priests, nay and religious too, after
they have first ensnared and indicted them for several crimes
and misdeeds, to a shameful and unwonted death, to the con
tempt and scandal of God and holy Church, and the grievous
hazard of their own souls; ait was there objected, (by way of
reply, and that very grievously on account of the specious
appearance of the answer,) and that by the king himself, as
well as noblemen and commons in conjunction with them,

* [" Literee archiepiscopi Cant, pro pends this note :

clericis incarcerates, ad asperam poenam MS. Oxon. hunc habet titulem :

ponendis. Ex reg. Islip. fol. 54. a. " Forma ad literandum incarceratos

collat cum MS. colleg. B.M. Magdal. clericos de carceribus episcoporum. Et

Oxon. n. 185." est domini Simonis Cantuar. Archi-

To the foregoing title Wilkins ap- episcopi."]

414 ISLEP's CONSTITUTION. [A. D. 1351.

that clerks strengthen themselves in their wickedness, under
pretence of their privilege, and when they are taken in their
crimes, or at least justly indicted and convicted, according
to the custom of the kingdom, before a secular judge and
upon demand made in due manner by the prelates, or their
competent ordinaries, or their commissaries, they are sur
rendered to God and the holy Church, and to the de
mandants, with reverence; they are with so much back
wardness and favour committed to gaol, and are so deli-
ciously fed there, that the prison intended for a punish
ment of their crimes, is turned into a refreshment and
delicious solace, and they are pampered in their vices by
ease and such incitements, and yet make their escape out
of custody as injurious to them. 'And some notoriously
infamous criminals, that are in truth wholly without excuse,
are yet so easily admitted to their purgations5, that every
[clerk] thus delivered [by the secular judge] hath sure
hopes of returning to his former evil life, by one means or
other*; so that not only the clerks thus purged become
more wicked than ever, but innocent clerks by such easi
ness and neglect, are encouraged to become criminous, to
the great infringement of the peace of the kingdom. Where
upon we, considering the premisses and other particulars,
lest the abuse of ecclesiastical liberty, which so abounds
as to put the whole kingdom into a disturbance, should turn
to the prejudice of clerical privilege, with the advice and
consent of our brethren present in the said parliament, and
of the proctors of the absent, have thought fit thus to or
dain concerning the imprisonment of clerks ; that is, let our
brethren and other ordinaries of places, and ecclesiastical
judges of the province of Canterbury, to whom the receiving
and imprisonment of clerks of custom belongs, take care that
clerks thus delivered, or to be delivered for the future on ac
count of the premisses, according to the liberty of the Church,
to be kept in gaol, be closely imprisoned with all proper care
and expedition, according to the quality of the persons, and

' * [nonnulli etiam flagitiosi, notorii admittuntur, quod cuilibet sic liberate,

et famosi, de quibus nulla suppetit ut plurimum, spes firma tribuitur, uno

veritas excusandi, ad purgationes suas, modo vel alio ad vitam pristinam re-

procuratas et suspectas, adeo faciliter deundi; W.]

A. D. 1351.] ISLEP'S CONSTITUTION. 415

heinousness of their crimes, that they may not to the scandal
of the Church return to their former way of life, from an im
prisonment intended for a punishment, And if any clerks
so delivered are notoriously infamous malefactors, or guilty
by their own confession, of felonies, or other grievous crimes ;
and so publicly defamed, that they cannot deny that the
crimes were committed by them, or that their enlargement
would bring manifest scandal to the Church and her liberty,
or to the tranquillity of the kingdom, that then every Wed
nesday, Friday and Sabbath-day, they be allowed once a day
only bread and water of affliction ; on other days, bread and
small beer; but on the Lord's day, bread, beer, and pulse,
for the honour and eminence of that day. And let nothing
else be given them by way of alms or gratuity from their ac
quaintance or friends, or for any pretence or reason whatso
ever : nor let any purgation be granted to them. But, if any
so imprisoned be innocent, or not grievously suspected of the
misdeeds charged upon them, nor notoriously guilty by their
own confession, nor publicly defamed, as is abovesaid, then
we will that such caution be used, that there be no proceed
ings made toward their purgation in a judicial manner, till
diligent enquiry be first made by the ecclesiastical ordinaries
or judges competent in this respect concerning their way of
life, reputation, behaviour, conversation in the place of their
birth, and where the crime for which they were indicted and
imprisoned was committed, without giving any warning of
this enquiry to their acquaintance or friends. And if the
place of the birth, or of the crime of the imprisoned clerks
be not within the diocese of the ordinary judge ecclesias
tical, in whose prison they are kept, then upon the desire of
the said ordinary, let the ordinary judge ecclesiastical of the
places of the clerks' birth, or where the crime is pretended
to have been committed, be bound to make enquiry con
cerning the manner of life, reputation, behaviour, and con
versation of the said clerks, and to certify the ordinary that
sent, or signified his desire to him concerning the premisses.
We therefore command and strictly enjoin you to observe
all and singular the premisses so far as you are concerned ;
and that ye in our stead by our authority enjoin (by your
letters containing a copy of these presents) every one of our

416 ISLEP'S CONSTITUTION. [A.D. 1351.

fellow-bishops and suffragans that they effectually observe
the same : and we command that our brethren before the
feast of St. John Baptist, do certify us what they think fit
to do in the premisses. Do ye also certify us before the
said feast what ye have done, or thought fit to do in this
respect. Dated at Lambeth, 12 kal. of March, A. D. 1351,
and of our consecration the third.

a Here the points and particles are misplaced both in Sir H. Spelinan
and the Oxford copy.

b Procuratas et suspectas are here added in the original, to what purpose
I see not.

A.D. MCCCLIX.

ARCHBISHOP ISLEP'S CONSTITUTION.

THE constitution provincial of the lord Simon Islep, arch- LATIN.
bishop of Canterbury, published at Otteford, A.D. 1359, in SpeliSn,
the thirty-fourth year of the reign of the most glorious Ed- voh "•
ward the Third, king of the English, and the eighth year of LySi'
the pontificate of Innocent the Sixth. $?•'.?• 55<

cr i T • Wilkins,

bimon, by divine permission archbishop of Canterbury, vol. Hi.
primate of all England, legate of the apostolical see, to our P< 42*']
venerable brother the lord Michael, by the grace of God
bishop of London, health, and brotherly charity in the Lord.
Catholics are enjoined by wholesome precepts supported by di
vine institution, to pray for one another, that so all of them
may be saved, and receive a reward so much the greater, as
their prayers were more importunate ; and not only the ne
cessity of him that prays, but public utility and fraternal
charity recommend this duty to us. Whereas the most ex
cellent prince, our lord the king of England, is now going to
make an expedition in foreign parts with his army for the
recovery of his right, exposing himself as a soldier to the
doubtful events of war, the issue whereof is in the hand of
God ; we who have hitherto lived under his protection, are
by the divine favour shining ort us, admonished to betake
ourselves to prayer, as well for the safety of every one of us
as for the public good, lest if adverse fortune should invade
us (which God forbid) our confusion and reproach should be
the greater. But though it is provided by sanctions of law
and canon, that all Lord's days be venerably observed from
eve to eve, so that neither markets, negotiations, or courts

* [" Mandatum archiepiscopi Can- servando dies dominicos. Ex re"-. Islip.
tuar. de exorando pro rege, et de ob- fol. 150. b."]

E e

418 ISLEp's CONSTITUTION. [A.D. 1359.

public or private, ecclesiastical or secular, be kept, or any
country work done on these days, that so every faithful man
remembering his creation may then at least go to his parish
church, ask pardon for his offences, supply his omissions
and commissions for the whole week, honour the divine mys
teries, learn and keep the commandments of the Church
there expounded, and earnestly pour out prayers to God in
the churches that are consecrated from above for places of
prayer, not only for themselves but for every degree of men,
whether of the secular or ecclesiastical host, laying aside all
worldly care : yet we are clearly, to our great heart's grief,
informed that a detestable, nay damnable perverseness has
prevailed; insomuch that in many places markets not only
for victuals but other negotiations, (which can scarce be
without frauds and deceits,) unlawful meetings of men who
neglect their churches, various tumults, and other occasions
of evil are committed, revels and drunkenness, and many
other dishonest doings are practised, from whence quarrels
and scolds, threats and blows, and sometimes murder pro
ceeds, on the Lord's days, in contempt of the honour of God;
insomuch that the main body of the people flock to these
markets, by which the devil's power is increased ; and in the
holy churches (where the God of peace is to be sought, and
His anger more easily satisfied) the worship of God and the
saints ceaseth by reason of the absence of the faithful people,
the sacred mysteries are not had in due veneration, and the
mutual support of men in praying is withdrawn, to the great
decay of reverence toward God and the Church, the grievous
peril of souls, and to the manifest scandal and contempt of
Christianity : wherefore we strictly command you, our bro
ther, that ye without delay canonically admonish, and effec
tually persuade in virtue of obedience, or cause to be ad
monished and persuaded, those of your subjects whom ye find
culpable in the premisses, that they do wholly abstain from
markets, courts, and the other unlawful practices above de
scribed, on the Lord's days, for the future ; and that such of
them as are come to years of discretion do go to their parish
churches to do, hear, and receive what the duty of the day
requires of them : and that ye restrain all whatsoever that
transgress and rebel in this respect, both in general and par-

A. D. 1359.] ISLEP's CONSTITUTION. 419

ticular, with Church censures according to the canon. And
do ye farther enjoin your flock subject to you, and cause
them to be enjoined, that on the said days, and at other
times when they think fit, they do ain their prayers at
church most devoutly recommend our lord the king, the
noblemen of the kingdom, and all others whatsoever that
attend him in the said expedition, and their safety and pros
perity, to the Lord most high, the King of all kings ; and
make two customary processions about their churches and
churchyards every week for them, and for the peace of the
kingdom. And we farther command you that ye intimate
this our mandate with all possible speed to our fellow bishops
and suffragans of the province of Canterbury, that they may
do what is above contained in relation to their subjects.
And that the minds of the faithful may the more easily be
incited to the doing of the premisses, confiding in the mer
cies of God, and in the b merits and prayers of His most holy
mother, the Virgin Mary, and of blessed Thomas, the glo
rious martyr, and of the other saints, we grant by these pre
sents forty days' c indulgence to all Christians throughout our
province, who shall pray in the manner aforesaid, and ab
stain from the unlawful practices above expressed ; so that
they confess their sins and truly repent of them. And we
do in the Lord exhort you and the rest of our fellow bishops,
that ye grant indulgences out of the treasure of the Church
entrusted with you to them that do and observe what is
above specified. And do ye before the feast of All Saints
next coming certify us by your letters patent (containing a
copy of these) of the day when ye received these presents,
and the manner and form of your executing thereof; and do
ye specially enjoin our said brethren, that they do every one
in particular take care to certify us of what they have done
in like manner. Dated at Otteford 19 kal. of September,
A.D. 1359, and of our consecration the tenth.

• We are informed that during the reign of this king, writs called de
orando pro rege et regno were issued at the beginning of the parliaments.
Here we may see how these prayers were performed, viz. by leaving it to
every man's private devotions in the church, not by drawing or enjoining
any new forms. The most that was required of the priests was to add pro

E e 2

420

[A.D. 1359.

rege ct regno in the canon of the mass ; or if pro rege was used here of
course (which is not certain) to add only the word regno*.

b The mercies of God and the merits of the saints are too disproportion-
able to be put, as they here are, upon the same level : and the Blessed
Virgin is here unequally yoked with Thomas Becket.

c Take nothing and hold it fast. He that has indeed repented of his
sins may be sure of the divine indulgence ; he that has not, by father
Simon's tacit confession, could be never the better for this archiepiscopal
bounty.

* [See in Johnson's Canons, vol. i. A.D. 740. 7, A.D. 747. 15. 30, and p.
262, 3, note 1.]

AJ). MCCCLXII.

ARCHBISHOP ISLEP'S CONSTITUTIONS.

1. THE constitutions of the lord Simon Islep, archbishop LATIN.
of Canterbury, published A.D. 1362, Edward III. being king [L^s'/
of England, Urban V. pontiff. Sir H.'

a Simon, by divine permission archbishop of Canterbury, v^i ™an'
primate of all England, legate of the apostolical see, to our P- 61°-
venerable brother the lord Simon, by the grace of God bi- app.,p. 56.
shop of London, health, and brotherly charity in the Lord. ^J11--"8'
The unbridled covetousness of men would grow to such an p- 50*.]
height as to banish charity out of the world, if it were not
repressed by justice. We are certainly informed by common
fame and experience, that modern priests, through cove
tousness and love of ease, not content with reasonable sa
laries, demand excessive pay for their labour, and receive it ;
and do so despise labour and study pleasure, that they wholly
refuse, as parish b priests, to serve in churches or chapels, or
to attend the cure of souls, though fitting salaries are offered
them, that they may live in a leisurely manner by celebrating
c annals for the quick and dead ; and so parish churches and
chapels remain unofficiated, destitute of parochial chaplains,
and even proper curates, to the grievous danger of souls;
and the said priests, pampered with excessive salaries, dis
charge their intemperance in vomit and lust, grow wild, and
drown themselves in the abyss of vice, to the great scandal
of ecclesiastics and the evil example of laymen d. [We there
fore desiring a quick cure of this plague, do with the advice
and consent of our brethren, enact and ordain that all un
beneficed chaplains, especially such as are qualified for pa
rochial churches and chapels, and the cure of souls, be bound
to officiate and attend them at the moderate salaries men-

* [" Constitutio venerabilis domini edita apud Lambethe, A. D. 1362. Ex
Simonis Islip, Cantuar. Archiepiscopi MS. Cott. Otho A. 15. fol. 135. A."]

422 ISLEP'S CONSTITUTIONS. [A.D. 1362.

tioned below, postponing all private and peculiar services of
any persons e whatever, when required by the diocesan or any
ordinary judge, competent in this respect. And if they neg
lect to comply for twenty days, let them know, unless there
be a lawful impediment, that they are thereby to incur sus
pension from office.] And we enact and ordain that chap
lains, and they who celebrate annals, and all who do not
attend the cure of souls, be content with five marks ; but
such as officiate in parish churches and chapels, and the cure
of souls thereunto belonging, with six marks for their annual
stipends ; unless the diocesans, in regard to the largeness of
the parish, or for some lawful cause, do otherwise in their
discretion determine. And if any priest of our province,
under any colour whatsoever, receive more by the year, or
in proportion for any part of the year, let him ipso facto
incur the sentence of suspension from his office, unless,
within a month, he pay what he received over and above
that sum, to the fabric of the church in which he celebrated.
And let him who pays it, if he be an ecclesiastical person,
forfeit the doubles of what he so paid over and above, to be
converted to pious uses at the discretion of the diocesan.
And that the priests may be abridged of their opportunities of
wandering, and that their lives and manners may more cer
tainly be known, we will and ordain that no priest who re
moves from one diocese to another, be received unless he shew
commendatory letters from the bishop of the diocese where
he last dwelt to the diocesan of the place into which he is
now come. But we do especially reserve to ourself and
our brethren the diocesans of places, the absolution of those
who have incurred the said sentences of suspension, which
f [sentences] we declare (for the sake of simple men, and such
as are ignorant of the law) by these presents to be binding,
according to the exigency of the canons, from the time of
the publication of the premisses. We commit and firmly
enjoin the speedy publication of all and singular the pre
misses, and the execution thereof within your diocese to you,
our brother. And do ye take care to certify us what you
have done in this respect by your letters patent (containing
a copy of these presents) before the feast of the Purification
of the blessed Virgin Mary next coming. Dated at Lam-

A.D. 1362.] ISLEP's CONSTITUTIONS. 423

beth, 16 kal. of December, A.D. 1362, and of our consecra
tion the thirteenth.

a Sir H. Spelman, p. 610 and 611, has two copies of this constitu
tion, which differ very little from each other, saving that the first of them
is directed to the bishop of London, and bears date 6. id. November ; the
other is directed to no particular bishop, but bears date as the Oxford
copy does, 16 kal. December.

b See Corb., 5, 1127.

c Daily masses said for a year together for some certain persons, or a
family ; Bishop Grosthead calls them annualia. Fasc. Her., p. 411*.

d Lyndwood has only so much of this constitution as is inclosed in
hooks.

e Yet Lyndwood here undertakes to prove that the priest could not be
obliged to desert any temporary service in which he was engaged, unless
he could have better, or at least equal pay t- He undertakes to prove it
from the text of the canon law, which he supposes to be of greater autho
rity than provincial councils ; and .though the places to which he refers
do not prove what he intends, yet we are not to wonder if his opinion pre
vailed ; for it is contrary to common justice to force men to take places of
less value in lieu of those that are of better, unless the person so treated
be a criminal, whereas in this case merit was the occasion of their suffering ;
for such as deserved cure of souls were the men against whom this con
stitution was particularly aimed. Lyndwood supposes that some of these
mass-priests had ten mar^ks per annum by the will or statute of the
founder ; nay, in the year 1375 ten marks were not thought sufficient,
but five marks and a half were added to it.

f The Oxford copy and the last of Sir H. Spelman, has quos, as if it
related to the men foregoing ; but the first has quas, which clearly deter
mines it to the sentences, and renders the clause intelligible J.

Here follows in the Oxford copy another edition of the same
constitution. It seems to me that the archbishop found
the former ineffectual, by reason of its attempting to pin
them down to so short an allowance, and its obliging them
to leave a better salary for a worse ; therefore in this he
allows a greater latitude. This is without date or inscrip
tion.

2. " The unbridled covetousness," fyc. to " experience" as [Lynd.
above. The priests that now are, not considering that they ^_'j p*
have escaped the danger of the gpestilence by divine providence, Wttkins,

p- i §•]

* [Constitutiones Robert! Grossetest f [Lyndwood, Provinciale, p. 239,

Ep. Line. ap. Fasciculum Rerum expe- gl. Quorumcunque.~]

tendarum et fugiendarum, torn. ii. p. J [Wilkins has 'quas.']

411. ed. London 1690.J § [" Archiepiscopi Cantuar. rtiandatum

424 ISLEP's CONSTITUTIONS. [A. D. 1362.

not for their own merits, but that they might exercise the
ministry committed to them, for the sake of God's people
and the public utility, nor ashamed that lay -workmen make
their covetousness an example to themselves, have no regard
to the cure of souls, which ought by ecclesiastics to be pre
ferred before all other concerns ; nay, leaving that, they be
take themselves to the celebration of annals 'and other pe
cuniary services, and renewing their old affectations of living
freely*, demand more excessive salaries for small pains than
curates have; so that by means of the multitude of annals,
and the unlimited largeness of the stipends for them, many
churches, h prebends, and chapels of our and your diocese,
and of the whole province, will be destitute of priests to
serve them ; and to the increase of our grief, priests aban
doning their cures will betake themselves for lucre's sake to
such services. Desiring therefore to restrain the insatiable
desire of priests, and to put a stop to the dangers and charges
which our farther connivance might occasion, we require and
exhort you, our brother f, in the bowels of Jesus Christ, that
ye taking the danger of souls and the forementioned causes
into your consideration, do before all other things make
provision for the cure of every parish church, prebend and
chapel, with cure of souls, by the best qualified chaplains, in
whatever service they be engaged, except that of a curate ;
and that ye restrain the disobedient, and their fautors, or
those who infringe this our ordinance; and even the 'canons
themselves, and all others whomsoever, celebrating howso
ever, or wheresoever within your diocese, by all manner of
canonical censures, so as to make them content with a mo
derate salary. And if any one rebelling against us think fit
to remove into our diocese or any other, we will and com^
rnand that care be taken to have his name and sirname
intimated to us, or to that brother of ours into whose dio
cese he goes, by letters containing the whole process there
upon made. For we will continue the process against such
as come into our diocese, according to the beginnings made

ad compellend. capellanos ad deserviend. solentias liberius renovare stipendiis

ecclesiis curatis, et recipiend. moderata competent, et solitis non content! sed,

salaria. Ex reg. Islip. fol. 19. b."] W.]

'* [et ad alia peculiaria se conferunt f [In Wilkinsthe letter is addressed

obsequia ut sic antiquas possint in- to Ralph, bishop of London ]

A. D. 1362.] ISLEP's CONSTITUTIONS. 425

by you, or any other of our brethren, and execute the sen
tences passed upon them to our power. And we require
and command that the like be done every year by our
brethren in their dioceses, in all respects. And that the
proportion of the salary may be known to you, we will that
the chaplain of a church, chapel, or prebend with cure in your
diocese be content with one mark of silver over and above
the salary that used to be paid to him that ministered in the
same cure. And we will that the salary of any other stipen
diary priest be limited to the common taxation in former
times*.

s This pestilence was so great, A. D. 1348 and 49, that 50,000 are said
to have been buried in the Chartreux churchyard only, and it seems the
numbers of the clergy were not yet recruited.

h By prebends here seem to be meant such churches as had all their
tithes and profits impropriated for the maintenance of some ecclesiastical
officer in a cathedral or collegiate church, he paying some sorry stipend to
a priest for the service of the cure.

* This seems to intimate that some canons turned mass-priests or served
cures. It was great pity they were not confined to serve the cure of their
own prebendal churches, if any such belonged to them.

3. Simon, by divine permission archbishop of Canterbury, [Lynd.,
primate of all England, legate of the apostolical see, to our SI/H
venerable brother Simon by the grace of God bishop of Speiman,
London {, health, and brotherly charity in the Lord. We Lynd.
learn from Holy Scripture, that vice often appears under the ^vP1 5
colour of virtue. At the first creation of man God enjoined vol. ii.
him to cease from labour on the seventh day only; but the P-56°t-]
militant Church in the times of grace has added several other
days ; and some of these again by the toleration of the Church
were taken away for the conveniency of men, and the neces
sity of their labouring; and yet some local festivals were
added to be observed by catholics in some parts ; and though
the custom of festivals was introduced in honour to the
saints ; yet by the levity of men what was instituted out of

* [After directions respecting the Archiepiscopi, deferiis et festis Sancto-
execution of the mandate follows this rum celebrandis edita estW cal. Augusti,
conclusion : Anno Domini MCCCXXXII. Ex MS.

Dat. apud Maghfeld, 5 calend. Junii, Cott. Otho, A. 15. collat. cum MS. col-

anno Domini 1350, et consecrationis legii B. Marise Magd. Oxon. n. 185."]

nostne primo, W. vol. iii. p. 2.] J [Roberto, Dei gratia Sarum epi-

f [" Concilium MagJifeldense, in quo scopo, W.]
Constitutio domini Simonit, Cantuar.

426 ISLEP'S CONSTITUTIONS. [A. D. 1362.

a reverent regard to the elect of God has been turned to
their reproach ; by reason that disorderly meetings, and ne
gotiations, and other unlawful exercises are practised on such
days, and what was intended for devotion is converted to
lewdness, forasmuch as the tavern on these days is more
frequented than the church, and there is greater abundance
of junkets and drunkenness than of tears and prayers; and
men spend their leisure in debauchery and quarrels, more
than in devotion ; not to omit that covenant servants (without
whose labour the commonwealth cannot subsist) under a law
ful pretence, do abstain from work on holydays (though of
their own making) and on the vigils of saints, and yet take
no less on that account for their weekly wages, by which the
public good is clogged and obstructed : nor do they sabbatize
in honour to God, but to the scandal of Him and holy
Church; as if these solemnities were intended for the ex
ercise of profaneness and mischief, which increase in propor
tion to the number of [these days] . To prevent superstitions,
evil inventions, and frauds of covenant servants, and to lessen
the occasion of them, and that the memories of the saints
which require a cessation from labour may be had in due
veneration, according to the original institution of the Church,
with the advice of our brethren, we have thought fit to set
down in these presents the feasts on which all people in our
province of Canterbury must regularly abstain even from
such works as are profitable to the commonwealth ; reserving
a power to ecclesiastical men, and to other great persons, and
such as are [in this respect] self-sufficient, of solemnly ob
serving the days of whatever saints they please to the honour
of God in their own churches and chapels. kln the first
place the holy Lord's day, beginning at vespers on the
Sabbath-day, not before, lest we should seem professed Jews :
and let this be observed in feasts that have their vigils;
also the feasts of the Nativity of the Lord, Saints Stephen,
John, Innocents, Thomas the Martyr, Circumcision, Epi
phany of the Lord, Purification of the blessed Virgin, St.
Matthias Apostle, Annunciation of the blessed Virgin, [* Pre
paration], Easter, with the three following days, St. Mark the
Evangelist, the Apostles Philip and Jacob, m Invention of the
Holy Cross, Ascension of the Lord, Pentecost, with the three

A. D. 1362.] ISLEP's CONSTITUTIONS. 427

following days, Corpus Christi, Nativity of St. John Baptist,
Apostles Peter and Paul, Translation of St. Thomas, St. Mary
Magdalen, St. James Apostle, Assumption of the blessed
Virgin, nSt. Laurence, St. Bartholomew, Nativity of St. Mary,
Exaltation of the Holy Cross, St. Matthew, St. Michael,
St. Luke Evangelist, Apostles Simon and Jude, All Saints,
St. Andrew, St. Nicolas, Conception of the blessed Virgin,
St. Thomas Apostle, the solemnity of the dedication of every
parish church, and of the saints to whom every parish church
is dedicated, and ° other feasts enjoined in every diocese by
the ordinaries of the places in particular, and of their certain
knowledge. We therefore command you that ye notify all
and singular the premisses to all our brethren and suffragans,
enjoining every one of them that they admonish and effec
tually persuade the clergy and people subject to them, strictly
to observe, and with honour to venerate the feasts above re
hearsed, as they fall in their seasons : and let them reverently
go to the parish churches on those days, and stay out the
conclusion of the masses and other divine offices, praying
devoutly and sincerely to God for the salvation of themselves
and the rest of the faithful both quick and dead; that by
thus P going the circle of the solemnities of the saints, they,
and other catholics for whom they pray, may deserve the
constant intercession of the saints, whose feasts they cele
brate, with Almighty God. And let our brethren intimate
to their subjects, that on the other feasts of the saints, they
may with impunity proceed in their customary labours.
And if they find any hired labourers who presume to cease
from working on particular feasts that are not above enjoined,
in order to defraud those to whose service they have bound
themselves, let them canonically restrain them from such
superstitions, and cause others to restrain them by ecclesias
tical censures. And we command our brethren aforesaid,
that every one of them do clearly and distinctly certify us
by their letters patent (containing a copy of these presents)
what they have done in the premisses, before the feast of
the Nativity of St. Mary the Virgin next coming ; and do ye
also take care effectually to perform all and singular the
premisses, so far as they concern your cities and diocese,
and in the same manner to certify it to us. Dated at

428 ISLEP'S CONSTITUTIONS. [A. D. 1362.

Maghfield, 17 qkal. Aug., A. D. 1362, and of our consecra
tion the thirteenth*.

k Because this archbishop makes an appearance of greatly retrenching
the number of holydays, I thought fit to compare his list with the two
largest, which I think are to be found in Sir H. Spelman ; the first is that
of Walter Cantelupe, of and for the diocese of Worcester, A. D. 1 240. Sir
H. Spelman, p. 358 f. In this the following festivals are more than in
Islep's list. St. Wolstan, a local saint, formerly bishop of this see ;
St. Paul's Conversion ; the Chair of St. Peter ; the Deposition, that is, the
death of St. Oswald, another bishop of this see ; St. Peter ad mncula;
St. Martin, bishop. But then this list has only two holydays in Easter
week, and two in Whitsun-week ; and there is no mention of Preparation or
Good Friday : but then here are seven holydays mentioned over and above,
in which all labour was to cease save that of the plough, viz. St. Vincent,
St. John Port Lat., St. Barnabas, St. Leonard, St. Clement, pope, Translation
of St. Oswald, St. Catherine. And farther, there were four in which women's
work only was forbid, viz. St. Agnes, St. Margaret, St. Lucia, St. Agatha.
The other list is that of Peter Quevil, bishop of Exeter, A. D. 1287J. In
this list the feasts over and above those mentioned by Islep are the Con
version of St. Paul, St. Peter's Chair, St. Gregory, St. George, John Port
Lat., St. Augustin the English apostle, St. Peter ad mncula, Decollation of
John Baptist, St. Martin, St. Catherine. Easter and Whitsuntide have
here four days assigned for feasts, but perhaps the Sundays might be in
cluded. It is observable that the present archbishop had received a bull
from Pope Innocent VI. for keeping the feast of St. Augustin of Can
terbury, which though long before instituted, was scarce at all observed :
and he directs it to be kept as a double feast, by ceasing from such labours
as custom forbad on double feasts § : yet it is clear that our archbishop had
no such regard to the pope's bull, which he received eight years before he
made this constitution, as to make St. Augustin's day an holyday of obli
gation, or of cessation from labour. And it seems clear that the pope did
not understand the customs of England ; for feasts here were not observed
by cessation from labour on account of their being double, but at the dis
cretion of our archbishops and synods. Archbishop Islep indeed inserted
into the list all the principal double feasts, as the Nativity and Epiphany,
Ascension, as likewise the Assumption of the Virgin, of the Saint of the
Church, and the Dedication of the Church. Easter day and Pentecost day
are not enjoined by Archbishop Islep as principal double feasts, but as
Lord's days. The greater double feasts which then were are also con
tained in this list, viz., Purification, Corpus Christi, Nativity of the blessed
Virgin, and All Saints; but the feast of the Holy Trinity is compre-

* ["Dat. apud 'Maghfeld 16 cal. f [Cf. Wilkins, vol. i. p. 677-8.]
Augusti, Anno Dom. MCCCXXXII. et J [Spelman, vol. ii. p. 372-3; Wil-

nostrae consecrationis anno P quinto. kins, vol. ii. p. 145-6.]

"Lambeth. 18 cal. Decemb. MCCCLXII. § [Spelman, vol. ii. p. 599, 620;

MS. O fPro quinto MS. Cotton legebat, Wilkins, vol. iii. p. 33, 106.]
sed male xiii." W.]

A. D. 1362.] ISLEP'S CONSTITUTIONS. 429

bended under the general head of Lord's days, and the same may be
said of the feast of the Holy Relics, which was of old kept on the octaves
of the Nativity of the blessed Virgin, but had afterwards been removed
to the Sunday after the .Translation of the new martyr Thomas Becket,
(which was July 7 ;) these were greater double feasts, as also were after
ward that of the Visitation, and of the Name of Jesus. But then Archbishop
Islep leaves out one of the lesser double feasts, viz., the Transfiguration of
our Lord ; and many of the inferior double feasts, as Saints Gregory, Am
brose, George, two Augustins, Elierome, and the Translation of St. Edward ;
and takes in several simple feasts, viz., St. Nicolas, St. Mary Magdalen, and
St. Laurence. The monks of Westminster two years before the date of this
constitution had exhibited Pope Innocent the Fourth's bull for the solemn
observation of King and St. Edward the Confessor to this archbishop, and
the archbishop caused this bull to be copied out and sent to all the prelates
of his province, and grants an indulgence of forty days to all that would
observe it ; but he did not think fit to make it an holy day of obligation :
nay, this seems to have been but a simple feast : for the Translation of
Edward, king and martyr, mentioned among the inferior double feasts, is
meant of Edward's son, and successor of King Edgar. This archbishop
also received a bull from Innocent the Sixth for the universal celebration
of St. Austin's day, which yet he has not here inserted.

1 Good Friday, but this is only in Sir H. Spelman, p. 610, not 501*.
m Lyndwood here takes notice of the reason given in a gloss on De
Consecr. Dist. 3. c. 19, why a feast was instituted in honour to the cross,
and not to the ass, which yet bore our Saviour's Body as well as the cross,
viz., that on the cross Christ performed our redemption f. But it may be
answered that the ass did by its proper action and motion contribute to
the carrying of our Saviour to the place where our redemption was to be
performed, but the wood of the cross could not by any proper action or
motion contribute to this great end.

n I know not how it should come to pass that this Koman deacon has had
more honour done him than any of the bishops of that see : for his feast
was always solemnly observed in this and other Churches, which is more
than can be said of his own bishop, Sixtus, or Xystus, who yet died a
martyr as well as he : nor did the English ever constantly and universally
keep the feast of any the greatest popes, not even of Gregory the Great, by
whose means we were converted.

0 But they must, says Lyndwood, be only such feasts as have been first
authorized by the pope : and the case is very plain, our very archbishops
in convocation never presume to institute any holy day, but only to choose
such as they thought most proper out of the vast number inserted into
the Roman calendar.

p Decurrendo, Oxford ; decorando, Sir H. Spelman, p. 610 ; not in the
other copy 501 J.

* [S. Parasceues, O. MS. addit. gl. Inventionis sanctte cruets.]
AVilkins, vol. ii. p. 560.] t [decurrendo, W.]

f [Lyndwood, Provinciale, p. 102.

430 ISLEP'S CONSTITUTIONS. [A. D. 1362.

<i Therefore this should in strictness stand before the two preceding
constitutions.

[Addenda.] [It -was now near two hundred years since Roger, the t high-spirited
archbishop of York, had assumed an equality with him of Canterbury,
and claimed the same privilege of having his cross borne up before him
when he was in the province of Canterbury, which the other claimed and
used in the province of York. The two present archbishops, Simon Islip
and John Thorsby, put an amicable end to this vain dispute, by the
mediation of King Edward III., without the interposition of the pope.
The sum of the concordat was, that John of York, within two months of
the date thereof, (viz., April 20, 1353, or 2,) and his successors, within
two months from their first entrance into the province of Canterbury, and
having their cross borne up before them, should offer the figure of an arch
bishop bearing his cross in gold, or some other jewel, of forty pounds
value, at Thomas Becket's shrine, by the hands of their official, chan
cellor, auditor, or some doctor of law, or knight : and that he of Canter
bury, for the greater antiquity and eminence of his church, should in the
royal presence sit on the king's right hand, and rest his cross on the
right side of his throne, he of York on the left side : that in all places
large enough, the two archbishops, with their cross-bearers, should go
side by side ; but in places too narrow for this, Canterbury should have
the precedence. In the year 1452, a hundred years after this concordate,
William Booth, archbishop of York, did send such an oblation by the
hands of a knight. Anglia Sacra, vol. i. p. 74, 75 *.]

* [Cf. ibid., p. 77. not]

A.D. MCCCLXIIL, OK, THEREABOUTS.

ARCHBISHOP THORSBY'S CONSTITUTIONS.

THE constitutions of John Thorsby, archbishop of York. LATIN.

1. John, by divine permission archbishop of York, pri- gpeiman,
mate of England, &c. aWe do the duty of our office while voL^H.
we make such wholesome ordinances as may promote the [Wilkins,
honour of the Church, and concern the salvation of souls, p°gg»'-i
and restrain and suppress the excesses and abuses of our
subjects. Desiring, therefore, to obviate some errors and
abuses so far as we can, which we see to grow rife in the
Church ; in the first place, (according to the example of
Christ, who would have His own Church be called a house,
not of merchandise but of prayer ; and not allowing fraudu
lent traffic there to be exercised, cast the buyers and sellers
out of the temple,) we firmly forbid any one to keep a market
in the churches, the porches and cemeteries thereunto belong
ing, or other holy places of our b diocese on the Lord's day
or other festivals, or to presume to traffic or hold any secular
pleas therein; and let there be no wrestlings, c shootings, or
plays, which may be the cause or occasion of sin, dissension,
hatred or fighting therein performed : but let every catholic
come thither to pray, and to implore pardon for his sins.

a He is also said to have been cardinal of St. Sabine, but he does not
here express this title.

b By this it should seem that these are only diocesan constitutions ; yet
I chose to insert them, not only because they were drawn by a primate,
and so truly great an one as Thorsby was, but because of the provincial
constitutions therein cited and inserted. [Especially because I find it a [Addenda.]
prevailing opinion in this age, that a constitution of the archbishop was

* [" Constitutiones Johannis Thoresby, 5. fol. 152 b. et ex MS. penes episc.
archiepiscopi Eboracensis editce Anno Assaven." W.]
Dom. 1367. Ex MS. Cott. Vitellius D.

432 THORSBY'S CONSTITUTIONS. [A. D. 1363.

binding to his suffragans, if it came to their knowledge. Lyndwood,
p. 240.]

c For cogitationes, I read sayitationes *.

2. Whereas some being turned to a reprobate sense meet
in churches on the vigils of saint s, and offend very grievously
against God and His saints, whom they pretend to venerate
by minding hurtful plays and vanities, and sometimes what
is worse; and in the d exequies of the dead turn the house of
mourning and prayer into the house of laughter and excess,
to the great peril of their own souls, who ought there to at
tend divine offices, or to join in prayer at the exequies of the
dead ; we strictly forbid any that come to such vigils and
exequies, especially in churches, to exercise in any wise such
plays and uncleann esses, or any other doings that tend to
the bringing men into error or sin; but let every one that
comes endeavour humbly and devoutly to do that for which
such vigils and exequies were ordained. And we strictly en
join all and singular rectors, vicars, and all whatsoever that
are possessed of ecclesiastical benefices, that they forbid and
restrain all such insolences and excesses from being com
mitted in their churches and churchyards, by the sentences
of suspension and excommunication according to the canons,
under the penalty of twenty shillings, which we will have the
said rectors, vicars, and other beneficed men to pay to the
fabric of our cathedral church, when, and as often as they
do evidently appear to have been guilty of any neglect con
cerning the execution of this constitution in the premisses,
or in any one of them. And let entrance into the church
whose honour they attempted to pollute be wholly forbidden
them ; and let not the way into e that same church be open
to them for the hearing of divine offices, and receiving the
sacraments of the Church, till they make satisfaction.

d Exequies were offices for the dead, used either in the church or house
of the deceased, while the corpse was above ground f .

Here seems to be a singular censure meant, viz., a prohibition from
entrance into one single church only, viz., that where the profanation had
been committed : yet in a foregoing clause of this constitution, the trans
gressors are threatened with suspension [from entrance into church] and
excommunication.

* [So Wilkins.] f [See above, A.D. 1343. 10.]

A. D. 1363.] THORSBY'S CONSTITUTIONS. 433

3. There is no need of promulging new constitutions and
laws in cases where sufficient provision is made by those
already published. In looking over the synodal statutes
promulged in the times of our predecessors, we found among
them a reasonable provision made by a constitution, which
f begins thus : " Also the stipends of priests for one year are
to be taxed at five marks ; yet our will is that in rich
churches a better provision be made, according to their
value ;" as also by the constitutions of William la Zouche, our
immediate predecessor, concerning the salaries of stipendiary
priests, chaplains to serve the cure of souls, to be taken from
among other ministers. [Therefore] we do farther renew
those ordinances and constitutions, strictly charging that
they be inviolably observed, and be accounted for the future
true synodal constitutions, according to their force, form,
and effect : the tenor whereof is thus :

f It begins and ends so too ; for the whole diocesan constitution of
William Greenfield, archbishop of York, on this head, is here transcribed.
See Sir H. Spelman, vol. ii. p. 440*.

Here the constitutions of William la Zouche are inserted at
large, as I have before translated and inserted them ac
cording to the order of time in which they were made,
viz., 1347.

4. It is to be known that this statute was afterwards new [Sir H.
modified in another provincial council, and so restrained that v^ ™an
the excommunication is not incurred, except in certain cases ; &.???•
for instance, they who contract when they know a lawful vol. iii.
impediment are excommunicated, though no objection was p> 72<^
made at the publication of the banns : also the contractors,
who cause matrimony to be solemnized without publication
of banns, as likewise the priest who solemnizes it, are excom
municated : also when the contractors cause matrimony to be
solemnized, though an impediment were objected at the pub
lication of banns, [they] are excommunicated, if that impedi- [Ed.]
ment were not first discussed : also they who compel a chap
lain through fear to solemnize a clandestine marriage : ' also

* [Cf. Const. Gilberti, ep. Cicestren., A.D. 1289. c. 13, in Wilkins, vol. ii.
p. 170.]

JOHNSON. F f

434 THORSBY'S CONSTITUTIONS. [A.D. 1363.

the chaplain who solemnizes matrimony without first pub
lishing banns on three solemn days, [if] even afterwards
any impediment appear * : and they who contract against the
prohibition of the Church in these cases, and no others, are
excommunicate ipso facto.

5. Whereas we have observed that rectors, vicars, and
priests do admit their parishioners to confession without
exception, or making any distinctions between greater and
lesser crimes, though in some cases an irregularity is in
curred; and in other cases though irregularity be not in
curred, yet the absolution is specially reserved to the apo
stolical see ; and sometimes we are allowed to absolve : we
will (God permitting) make it appear in brief what those
greater crimes are, which we reserve to ourselves and our
penitentiary; that in cases where the absolution belongs to
us we may absolve penitents: and that in other cases we
may, as we ought, send men to the apostolical see for the
obtaining absolution.

1. The first case is, when a man sins against the faith.
2. When a man sins against nature, and especially with
brutes. 3. Is committing murder. 4. When a man sins
against God, or by blaspheming publicly any of the saints f.

5. When a man sins against the Church by violently break
ing it, or by violating ecclesiastical immunities, or liberties.

6. By committing incest. 7. Or notorious adultery. 8. By
bearing false witness, and so committing perjury. 9. By
simony. 10. Sorcery. 11. Entering into conspiracy against
prelates. 12. By causing conflagrations. 13. By acting
contrary to a lawful honest vow. 14. When parents overlay
their children. 15. When men corrupt nuns. 16. When
violent hands are laid on a clerk, or any religious person;
or when one who may does not defend them against such
violence ; or who detains a clerk that is his adversary, and
shuts him up in a prison, or house J. 17. When one falsifies
the letters of a great man, and cherishes or defends such falsi-

'* [Item, capellanus, non edens \ [Quartus est in eo, qui peccat

banna per tres dies solennes, et matri- contra Deum, vel aliquem sanctorum,

monium solemnizans, vel postea appa- publice blasphemando. W.]

ret impedimentum. S. W. The mean- J [Johnson omits, licet manum non

ing of the last four words is, " or after injiciat, W.]
that an impediment is declared."]

A. D. 1363.] THORSBY'S CONSTITUTIONS. 435

fiers. 18. When one gets and knowingly uses letters so falsi
fied by another. 19. When archdeacons, deans, splebans, pro
vosts, chanters, and other clergymen that have parsonages,
'and priests, study law or physic*, unless within two months'
space they wholly desist. 20. When one communicates with
an excommunicate in the crime for which he is excommuni
cated. 21. When one of his own accord and knowingly
communicates in divine offices with one excommunicated by
our lord the pope. 22. Laying taxes and undue burdens
on churches, priests, or their possessions, unless they desist
upon admonition. 23. Is the case of public usurers, and
such as receive oblations from them, or admit them to eccle
siastical burial. 24. Is the case of him who celebrates or
officiates according to his order to one excommunicated with
the greater excommunication, or when he himself is suspended
or interdicted hby man. 25. When a clerk sues in the secular
judicature of a prince in contempt of the ecclesiastical judge.
26. When a clerk is guilty of bigamy. 27. When one minis
ters as a clerk without being ordained. 28. When a clerk
takes orders lper saltum. 29. Or by stealth. 30. Or when
one causes himself to be ordained a second time to the same
order. 31. Or to be baptized again. 32. When one ad
heres to heretics to the subversion of the faith, and in con
tempt of the Church causes himself to be baptized or or
dained by them. 33. When one is ordained out of the
Ember- days, or otherwise in an unlawful manner, and minis
ters before he has obtained a dispensation. 34. When one
is suspended from divine offices by the canon, and celebrates
divine offices while so suspended : in which case the pope
reserves the dispensation to himself by the canon, k in the
second book of the Liber Sextus, cum ceterni, and in case of
the canon which begins cum medicinalis, both which belong
to the council of Lyons. 35. When one takes orders under
a sentence of excommunication. 36. Is when men carry
away, consume, or lay hands injuriously on any thing be
longing to the houses, manors, granges, or other places of
archbishops, bishops, or other ecclesiastical persons contrary
to the wills of them or their stewards. 37. The last is, when
men commit enormous crimes by which the whole city, town,

' * [necnon presbyteris legem vel physicam audientibus, W.]
Ff2

436 THORSBY'S CONSTITUTIONS. [A.D. 1363.

vill, or country is in a commotion, and for which public
penance is to be enjoined. In these and other crimes which
are esteemed of the greater sort, we will that the offender
be sent to us or our penitentiary, unless there be peril of
death. We charge that letters be given to the penitent
without cost, and that it may certainly appear what the
penance is and for what crime enjoined, let the penitent
carry back letters from the penitentiary to him that sent
him : and he is to make no abatement of the penance, nor
to convert it into a pecuniary penance, if (perchance) it be
corporal, nor let him presume to make any other commuta
tion under pain of suspension from office, which penalty let
him that does otherwise incur ipso facto, till he deserves our
pardon.

* Plebans are the same with deans rural, only some say that they were
perpetual.

h That is, not only by law or canon, but by sentence actually passed
against himself in particular.

1 Verbi gratia, he that took the order of deacon without being first
subdeacon.

k I read de Sententia, 2 viz., libro sexti, qui incipit Cum (Bterni, instead
of these words, qui incipit de seu, et 2 videlicet libro sexto cum et enim *, and
accordingly, libro secundo Sexti, tit. 14, de Sententia, c. 1. You have the
constitution of the council of Lyons, A.D. 1245 f, which reserves to the pope
the absolution of ecclesiastical judges, who have officiated during their
suspension from their office. The other you have libro quinto Sexti, tit. 11,
c. 1, which also reserves to the pope the absolution of the ecclesiastical
judge, who being suspended for passing sentence otherwise than e scriptis,
officiated during his suspension : and this is also a constitution of the
same council of Lyons J.

* [SoWilkins; but Johnson's emen- Lugd. Concilia, torn, xxiii. col. 658.]
dation seems to give the true reading.] J [Ibid., col. 671.]

f [Constitut. Innoc. P. IV. in Cone.

A.D. MCCCLXVIL

ARCHBISHOP LANGHAM'S CONSTITUTIONS.

THE constitutions of Simon Langham, who was conse- LATIN.
crated archbishop of Canterbury in the year 1366; and after p. 19.]'
he had been made cardinal, died 1368. ^ir ,H-

Spelman,

1. We have thought fit by the approbation of this present vol. ii.
council to explain the statute of our apredecessor Robert, of f^lnd'.
happy memory, concerning mortuaries, which some have per- app., p. 9.
verted to a wrong sense. Our said predecessor was very voi. j.
diligent in consulting the salvation of souls; because he con- P- 718*.]
sidered that the laity of both sexes who was subject to him,
had grievously offended by unjustly detaining their tithes and
oblations, sometimes through ignorance, sometimes through
negligence ; and he, prudently considering that the sin is not
forgiven till what has been taken away be restored, did whole
somely ordain that as a compensation for tithes so withdrawn,
the second best animal of the deceased should be paid to the
injured church, although he have not inserted the reason into
the statute. But now because through occasion of this statute,
disputes, which we desire to extinguish, often arise between
rectors of churches and their parishioners, we think fit to
explain it by a b synodal interpretation, viz., that if the de
ceased had three animals or more of any sort among his
chattels, the best being reserved to the lord to whom it is
due, the next best be reserved for the church (from which
he received the sacraments while he was alive) without any
fraud, deceit, or contradiction whatsoever, as a recompence
for the withdrawing his tithes, as well personal as predial ;
as also of his oblations for the delivery of his own soul. But if

* [Wilkins does not ascribe these Giles Bridport, bishop of Salisbury,

constitutions either to Archbishop A.D. 1256: for references to passages

Langton or Langham, but gives the in Wilkins parallel to the third, see

first two among the constitutions of below, p. 440, note *. ]

438 LANGHAM'S CONSTITUTIONS. [A. D. 1367.

there were but two animals among the chattels of the de
ceased, the Church in mercy remits all actions on account of
a mortuary. But we have thought fit farther to ordain this,
that if a cwife die while her husband lives, she be not forced
to the payment of a mortuary : but if she survives her hus
band one year, and as his widow continues to govern the
family, let her be obliged to a mortuary according to the
form above written. But our will is not to create any
prejudice by this our constitution, or interpretation to the
laudable custom concerning mortuaries, which hath hitherto
prevailed in our own d province*; but that whether the de
ceased had or had not the number of three animals, or
whether the husband or wife die first, the custom of the
Church be observed as to the payment of the mortuary. And
we will that all who rebelliously contradict the payment of
the mortuary that is due by law or custom, be forced eby
the ordinaries of the places with ecclesiastical censures.

* He means Robert Winchelsey. See his constitution, No. 3. A.D.
1305. Some have ascribed these decrees of Simon Langham to Stephen
Langton, and they have his name prefixed to them in the Oxford copy.
But it is evident they must have been by an archbishop who succeeded
Winchelsey, therefore not by Langton, and Lyndwood expressly attri
butes this decree to Langham.

b Here Lyndwood declares his opinion that this was a diocesan consti
tution. He owns that synod may signify a provincial convocation : but
he did not like the constitution, and therefore disputes its authority f.

0 Lyndwood will not allow this to be agreeable to right and law ; for
he supposes that the wife as well as husband may be guilty of subtracting
tithes ; and then he blames the constitution for allowing so long a time
as a whole year for the wife to be excused from paying a mortuary. He
says in this respect the mortuary and heriot are put on the same foot, for
which there is no reason J.

d "In our own diocese," say the other copies; and supposing the consti
tution to have been provincial it was reasonable to make a saving for the
particular custom of his own diocese, (which was it seems more favourable
to the Church in point of paying mortuaries,) than to make a saving for
his own province, or for many places in it, when he was making provision
for his own diocese only. But Lyndwood's authority is great, therefore I
do not alter his text. And at the words " laudable custom," he says, the
Venetians' custom is, that the Church hath a tenth part of the deceased's
goods, in Britain the Church hath a third part. Sure the Church never

* [in nostra dicecesi, Wilkins, vol. i. J [Ibid., p. 21-2. gl. Minime coer-
p. 718.] ceatur.]

f [Provinciale, p. 19. gl. Synodah.~\

A.D. 1367.] LANGHAM'S CONSTITUTIONS. 439

had a third part and a mortuary too, however not in England. There are,
if I remember right, some intimations that the Church of old claimed a
third, but this was before mortuaries. And I should rather think that this
mortuary was intended as a composition for that third, than a satisfaction
for tithes unwillingly subtracted, which is Archbishop Langham's suppo
sition, but of which Archbishop Winchelsey knew nothing.

e He would scarce have used this style, if he had intended this consti
tution for his own diocese only.

2. 'Approving and promoting what was set on foot with
fa regard to the common health of bodies and souls, that is,
the prohibition of scotales and other drinking bouts*; we
charge rectors, vicars, and other parish chaplains, firmly
enjoining them by the obedience which they owe us, that
they by frequent exhortation earnestly persuade their pa
rishioners that they do not rashly violate this prohibition;
or else that they denounce such as they find culpable in this
respect, suspended from entrance into the church, and from
participation of the sacrament, 'till setting aside other penal
ties, they go to our penitentiary, humbly to receive whatever
he shall enjoin as a penance for such transgression8. When
a multitude of men exceeding ten in number stay long
together in the same house for drinking sake, we declare
these to be common drinking boutsf. But we mean not
to comprehend travellers and strangers, and such as meet
(though in taverns) at fairs and markets, under this prohibi
tion. 'Detesting those common drinking bouts, which by
a change of name they call charity scotales, we charge that
the authors of such drinking bouts, and they who publicly
meet at them, be publicly solemnly denounced excommuni
cate till they have made competent satisfaction for it, and
have merited the benefit of absolution {.

f I here follow Sir H. Spelman, who has pro communi, not convivii pro,
as in the Oxford.

8 The words here omitted are et prout Deus dederit, imprimatur alias

' * [Prohibitionem scotallarum et Communes autem potationes decla-

alias communium potationum pro sa- ramus quoties virorum multitude, quae

lute animarum et corporum introduc- numerum denarium excesserunt ejus-

tam, synodal! approbatione prosequen- dem parochise, in qua cervisia venalis

tes, Wilkins, vol. i. p. 719.] extiterit, vel etiara vicinarum in ta-

' f [donee aliis poems cessantibus, bernia hujusmodi, vel infra septa ejus-

ad pcenitentiarium nostrum accesserint, dem domicilii, potandi gratia commo-

quod ab eo pro transgressione hujus- rantur. Ibid.]

modi eis pcenitentiae nomine injunctum '% [This last sentence is not in

fuerit, humiliter recepturi, et prout eis Wilkins.]
Deus dederit impleturi.

440 LANGHAM'S CONSTITUTIONS. [A. D. 1367.

expietur. Sir H. Spelman — dederit Deus imprimetur, ac — both readings
are to me unintelligible. Lyndwood meddles not with this constitution.

[Sir H. 3. Let none presume to celebrate mass twice a day, unless
voi! ii!ar on the day of the nativity or resurrection of our Lord, or
p. 134».] when one has a corpse to bury, and that in his own church
only; and then let not the hcelebrator drink the washings of
his fingers and of the cup. Let the offender know that he is
suspended from his office : unless perchance he be compelled
by necessity, which we think fit thus to explain and limit,
viz. l 'If espousals are to be made on a festival that has k nine
lessons, or in the Lent, or in the Ember- days ; on the ac
count of the sudden illness of a fellow-priest, or of his mani
fest absence in the business of the church or upon his own
necessary occasions f.

h See constitution 6. of Stephen Langton, 1222.

1 Mass was to be said at the public espousals, and espousals was a dis
tinct office from the solemnization of marriage J : the first might be per
formed in Lent, but not the second.

k Feasts with nine lessons were these following, as I have them from a
calendar in a printed portiforium according to the use of Sarum ; Circum
cision, Epiphany, Saints Wolfstan, Fabian and Sebastian, Agnes, Vincent,
in January. Purification, St. Agatha, the Chair of St. Peter, St. Matthias, in
February. Saints David, Chad, Gregory, Edward, Cuthbert, Benedict,
the Annunciation, in March. Richard, Ambrose, in April. Saints Philip
and Jacob, Dunstan, Augustin archbishop of Canterbury, in May. Trans
lation of St. Edmund, St. Barnabas, Translation of St. Richard, Translation
of St. Edward, St. Alban, Apostles Peter and Paul, Commemoration of St.
Paul, in June. Translations of St. Martin, and of St. Benedict, and of St.
Swithin, and of St. Osmund, Saints Margaret, Mary Magdalen, Anne, in
July. The Invention of St. Stephen, Name of Jesus, Saints Laurence,
Bartholomew, Augustin of Hippo, Decollation of John Baptist, in August.
St. Giles, Translation of St. Cuthbert, St. Editha, St. Maurice, St. Hierom,
in September. Saints Remigius, Dionysius, Wulfran, Michael in monte
Tumba, Translation of St. Etheldred, Saints Frideswide, Crispin, and
Translation of John of Beverley, in October. All Saints, All Souls, Saints

* [This constitution, which Spelman Si in Festis ix Lectionum, vel in

took apparently from the same source Quadragesima vel in quatuor temporibus,

as the preceding, namely, MS. Cot. vel sponsalia fieri oporteat, vel sub-

Otho. A. 15. fol. Ill, is not in Wil- veniendo socio infirmo, vel pro Eccle-

kins, but for like passages see Cone. siae suae negotio, vel propria necessitate

Dunelmense, A.D. 1220, Wilkins, vol. manifeste absente. Spelm., vol. ii. p. 134.

i. p. 579; Cone. Oxon., A.D. 1222, c. Respecting the permission of a second

6, 7, ibid., p. 586 ; Constitutiones sy- mass, compare the parallel constitution

nodales Sodorenses, A.D. 1291, c. 36, of Abp. Langton, above, A.D. 1222,

ibid., vol. ii. p. 179. See also above, 6, 7, p. 105-6; Lyndwood, Provinciale,

p. 105-6, and Lyndwood, Provinciale, p. 227, gl. Diem Natalis Domini. — Re-

p. 226-8.] surrectionis Dominicce. — etc.]

f [Spelman's reading is,— J [See in vol. i. A.D. 946. J

A. D. 1367.] LANGHAM'S CONSTITUTIONS. 441

Winefred, Leonard, Martin, Machute, Edmund archbishop, Hugh, Ed
mund the king, Cecilia, Clement pope, Catharine, Andrew, in November.
Deposition of St. Osmund, Nicholas, Conception of the Blessed Virgin
Mary, Saints Lucy, Thomas, Sylvester, in December *.

Here follows in the Oxford copy a constitution bearing
the name of Stephen Langton; it contains in it nothing
singular, but only the cases reserved to the archbishop's own
absolution, It can scarce be genuine, and having nothing
in it but what may be seen in other constitutions, I think
not fit to translate it.

But I must take notice to my reader of some miserable
rhymes in Latin to the honour of St. Catharine, which this
archbishop confirmed by a formal rescript, (extant in Sir H.
Spelman, p. 617, and transcribed from the principal registry
of the see of Canterbury-]-,) that is, he declared them to be
catholic, and gave leave to such as would to rehearse them
on St. Catharine's day, and for this purpose to write them
down in their books. He seems greatly pleased with them
himself, and would probably have enjoined the use of them
if he had thought that in his power; but he styles them
hymns, which answered to our anthems, and in relation to
which all churches were at liberty to use which they pleased ;
nay, Durandus says that though all were obliged to sing
psalms and canticles, yet they were left to their own dis
cretion whether they would use any hymns or not }.

A.D. 1376 Archbishop Wittlesey § published Pope Gregory [sir H.
XI.'s bull for keeping St. Augustm's day as a double feast. *^m'

p. 620.

* [In the above imperfect list John- f [Wilkins, vol. iii. p. 77.] Wilkins,

son omits the following feasts expressly J [In quibusdam ecclesiis hymnos v°l-

marked as having nine lessons in the noncantant: quod tamen approbandum P«

calendar to which he refers : non est, quoniam non sine causa sunt

Conversion of St. Paul in January ; a sanctis Patribus instituti. Durandi

Octave of SS. Peter and Paul in July; Rationale, lib. v. c. ii. n. 23.]
Ad vincula Sancti Petri (ed. 1556) and § [Rather his successor Simon Sud-

Octave of the Assumption of the Blessed bury ; Archbishop Wittlesey died A.D.

Virgin in August; Exaltation of the 1374. See Godwin, de praesulibus An-

Cross in September. See Calendar at glise? p« H7. For the previous publi-

the beginning of Portiforium seu Bre- cation of a like bull, see above, p. 428,

viariuin ad usum ecclesiae Sarisburi- notes k and §.]

ensis. Lond. 1555. For further correc- J ["A.D. 1376. Simon Sudbury ar-

tion of Johnson's note, compare Ra- chiep. Cant. 2. Mandatum archiepiscopi

dulphi decani Tungrensis, (A.D. 1403.) Cantuar. de tenendo festum sancti Au-

Prop. xvii. ap. Hittorpium, p. 657 ; Ca- gustini sub duplicifesto. Ex Reg. Sud-

lend. in Miss. Sarisb. fol. Paris, A.D. bury, fol. 18. b."]
1555.]

A.D. MCCCLXXVIII.

ARCHBISHOP SUDBURY'S CONSTITUTIONS.

LATIN. THE provincial constitutions of the venerable father, the

p. 240.] l°r(^ Simon Sudbury, archbishop of Canterbury, made at

Sir H. Lambeth, A.D. 1378, in the second year of King Richard

voi! SI ' H., in the first year of Urban V., pope, and Clement VII.

ri^nd antipope; at which time the twenty-seventh most grievous

app., p. 58. schism arose, which continued thirty years. This most elo-

voi iii"8' quent man, who was wise incomparably beyond the rest of

p. 135*.] the kingdom, sat about six years, and at last was beheaded

at London by command of the rebels Tyler and Straw, A.D.

1381 f.

Simon, by divine permission archbishop of Canterbury,
primate of all England, legate of the apostolical see, to our
venerable brother the lord William, by the grace of God
bishop of London, health and brotherly love in the Lord.
The unbridled covetousness, fyc., as in the first constitu
tion of Islep, 1632, to the evil example of laymen. And
though the lord Simon Islep of good memory, formerly arch
bishop of Canterbury our predecessor, in his life-time did
appoint and ordain, with the advice and consent of his
brethren, that such chaplains as celebrate annals, and others
who do not attend the cure of souls, should be content with
five marks; but such as officiate in churches and parochial
chapels, who have cure of souls belonging to them, with six
marks for their annual stipends ; and laid upon priests that
disobeyed this statute the punishment of suspension ipso
facto : yet we, taking into our consideration the condition of
the times, with the advice and consent of our brethren as-

* [" Statutum super salariis presby- f [This preface is translated from

terorum factum per Simonem Sudbury, the appendix in the Oxford edition of

Cantuar. Archiep. 6. cal. Dec. anno Lyndwood, 1679, and is not in Spel-

Domini MCCCLXXVIII. Ex reg. Sud- man or Wilkins.j
bury, fol. 51. A."]

A. D. 1378.] SUDBURY'S CONSTITUTIONS. 443

sembled together for this purpose on the a sixth day of No
vember, in the year of our Lord underwritten, in a certain
chamber within the verge of the monastery of Peter and
Paul at Gloucester, in the diocese of Worcester, do ordain
and enact, according to the form underwritten, concerning
the salaries hereafter to be received by parish priests, and
for annals within our said city, diocese and province of Can
terbury.

• Sixteenth, Sir H. Spelman *,

1. In the name of God. Amen. We, Simon, &c., with
the advice of our brethren and suffragans, do enact that
whoever are to celebrate annals within our city, diocese, and
province of Canterbury for the souls of deceased persons, be
content with seven marks, or with diet and three marks ; and
others who are to serve .the cure of souls, with eight marks,
or diet and four marks, so as to receive no more upon com
pact in any wise; unless the bishop of the place do first
decree that such as serve the cure of souls be otherwise
dealt with. If any clergyman presume to act contrary to
this our constitution by either giving or receiving, let him
incur the sentence of excommunication ipso facto ; from
which he may not be absolved by any but the diocesan of
the place where he offended. And we will that they who
act contrary to this statute be bound and involved in the
b sentences therein contained so soon as the same hath been
published, as the canon requires. We therefore commit it
to you brother, and command you and firmly enjoin you
that ye transmit all and singular the premisses to be pub
lished hi your city and diocese with all speed, and to be
forthwith put in execution : and do certify us by your
letters, before the feast of Easter next coming, of the day
of your receiving these presents, and of your executing of
them, and of the manner and form thereof, and what ye
have done in the premisses : and enjoin our said suffragans
that they do every one of them by their letters (containing
a copy of these presents) certify us concerning what they
have done in this respect before the feast aforesaid. Dated

* [So Wilkins.]

444

[A. D. 1378.

at Lambeth (as to the signing of these presents) 6 kal.
December, A.D. 1378, of our consecration the fourth*.

b I read sententiis contentis, not as\.

[Lynd., 2. Let it often [and at large] be inculcated on laymen at
p* 343*J confessions, and in sermons, especially in the great solem
nities, that all mixture of man and woman is mortal sin,
unless it be excused by matrimony. And if a priest be
found negligent in denouncing this wholesome doctrine, clet
him be punished according to the canons as one that is a
fornicator, or that allows of fornication.

0 This is indeed the doctrine of the canon law, as Lyndwood observes,
dist. viii. c. 3, 4, 5 J.

[p. 342.] 3. Let the confessions of a woman be made without the
dveil, and in an open place, so that she may be seen, though
not heard [by the people] : and let laymen be admonished
to confess at the very beginning of Lent, and always pre
sently after a fall, lest one sin by its natural tendency draw
the man to another. eAnd let no priest enjoin masses as
the whole, or part of a penance : yet he may advise them.

d Lent was the common time of confession ; and during this season a
veil was hung before the chancel, which deprived the people of the sight
of what was done there §.

e Fasting, prayers, and alms, were the most usual penances, but it had
long been the practice of some priests to enjoin the penitent for some sins
to pay for saying such a number of masses ; but this gave scandal : for it
was supposed that the priest did this with a design that he himself or his
brother priest might get the money paid on this account. Lyndwood
says that it was proper to enjoin this penance to priests ^| in some cases.

[p. 343.] 4. Let confessions be heard thrice in the year, and let

* [Here the extract from the register rected as below in the gloss of Lynd-

of Sudbury both in Spelman and Wil- wood, to which Johnson refers:

kins ends ; but the following constitu- Morlale peccatum. Et sic fornicatio

tions are attributed to Abp. Sudbury, simplex, quae est soluti cum soluta, est

both in the text of Lyndwood and the mortale peccatum. 32. q. 4. nemo, cum

appendix to the Oxford edition, p. 58.] glo. et c. meretrices. per Jo. Provincial,

t [Sententias vero in dicto statuto p. 343.]

nostro contentas, post publicationem § [See in vol. i. A.D. 877. 17, p.

ejusdem Juxta canonum exigentiam, 326, notes f and J.]

contrafacientes eidem, ligare volumus ^[ [Johnson omits the reason, 'quia

et involvi. W. Johnson's emendation in hoc casu nulla potest esse suspicio

seems necessary.] mali.' Lyndwood, Provincial, p. 343.

£ [This is a wrong reference to Corp. gl. Missas.~\
Jur. Can., and should probably be cor-

A. D.I 378.] SUDBURY'S CONSTITUTIONS. 445

men be admonished to communicate as often, viz., at Easter,
Pentecost, and Christmas. Yet let them first prepare them
selves for it by observing some f abstinence, according as
the priest shall advise. But whoever does not confess to his
gproper priest once in the year at least, and receive the sa
crament of the eucharist at Easter, (h unless he think he
ought to abstain by the advice of the priest,) let him be for
bidden entrance into the church while he is alive, and be
deprived of Christian burial when dead. And let them be
often told of this.

f Some take this advice, says Lyndwood, and fast all the Advent to re
ceive at Christmas ; all, or part of Lent, to receive at Easter ; from Ro
gation-Monday to Pentecost, to receive at Pentecost*. This shews that
our forefathers were no strict observers of Lent.

e Proper priest, that is, the parish priest, or the friar well authorized.
Lyndwood.

h Lyndwood mentions the cases in which men should be advised not to
receive, viz., 1. If they are not disposed to leave their sins. 2. If their
sins are such that none but a superior can give absolution ; for they were
excused from receiving till they had taken this journey. 3. Infidelity,
indevotion, infirmity of the body, (so great as made men uncapable of
receiving of it,) distraction, possession by evil spirits. Farther, he that
was under notorious sin was to be repelled if he did offer himself to
receive ; but not if it were private, though the priest himself knew it by
confession or otherwise. If the offender gave the priest private notice of
his intention to receive, the priest was to warn him against it ; but if the
offender notwithstanding, thrust himself in among the communicants, he
could not be repelled because of the scandal. See Lyndwood, p. 344 f.

* [Provinciate, p. 343, gl. Consillo sacerdotis.] f [gl. Abstinendum.']

A.D. MCCCXCI.

PREFACE. ARCHBISHOP COURTNEY'S CONSTITUTIONS
AGAINST CHOPPE-CHURCHES.

WILLIAM Courtney was a very active archbishop, and he
employed his care and zeal chiefly against the Lollards or
Wicklifists : yet he found time to reinforce, by the authority
of a convocation, the fifth constitution of Robert Winchelsey
concerning stipendiary priests. We have his letter to the
bishop of London, by which he requires him to put it in
execution himself, and to send it to the other bishops of the
province to do the like ; the form differs very little from
that used by his predecessors on the like occasions, save
that he gives commission to all and singular his brethren to
act as his deputies with the power of canonical coercion in
executing of this constitution ; and this had sometimes been
done by former archbishops ; that as the popes had made
the archbishops seem to act with authority derived from
Rome; so every suffragan bishop might be thought to de
rive his power from Canterbury. This letter bears date
from Croydon, 1391, but the constitution was renewed in a
convocation holden at London*. This archbishop did like
wise make some regulations for the court of Arches f; and
enjoined the feast of Anne, the supposed mother of the Vir
gin Mary, to be observed throughout the province, as he was
enjoined by a bull of Pope Urban the Sixth J. See Oxford
copy, p. 60; Sir H. Spelman, p. 636. He received another
bull from the same pope for observing the vigil of the
Nativity of the Virgin, but the publication of it is in neither
of these books §. The first date 1383, the other is without
date.

* [As stated in the said letter, Wil- of the Nativity of the Blessed Virgin

kins, vol. iii. p. 213-14.] Mary was received and published by

f [Ibid., p. 154, 212, 217.] Archbishop Sudbury, A.D. 1380, and

I [Ibid., p. 178.] is printed in Wilkins, vol. iii. p. 145-

§ [The bull for observing the vigil 6.]

A.D. MCCCXCI.

ARCHBISHOP COURTNEY'S CONSTITUTION AGAINST
CHOPPE-CHAPELS.

THE same year Archbishop Courtney enjoined the bishop Sir H.
of London to publish in the usual form his mandate against VJ£ ^
some vile clergymen, commonly called choppe-churches.
There was, I suppose, no occasion to make any new consti-
tution in convocation against these offenders, for there were P- 215*0
canons and laws enough already in force against them : there
fore he sends his mandatory letter for putting the bishops
in mind of their duty, and requiring them to execute their
powers against these foul practices : and here following we
have Robert Braybrook, bishop of London's certificatory in
answer to the archbishop, containing a copy of his mandate.

To the most reverend father and lord in Christ, the
lord William, by the grace of God archbishop of Canterbury,
primate of all England, legate of the apostolical see, Robert,
by divine permission bishop of London, obedience and reve
rence, with the honour due to so great a father. We received
your most reverend mandate according to the tenor under
written.

" William, by divine permission archbishop of Canterbury,
primate of all England, legate of the apostolical see, to our
venerable brother Robert, by the grace of God bishop of
London, health and brotherly charity in the Lord. We are
bitterly grieved when any of the flock under our trust pro
vokes the Most High by his villanies, and strikes himself
with a damnable sentence, and rashly throws himself into
destruction. But human laws and canonical statutes do
among other things abhor covetousness, which is idolatry,

* [" Archiepiscopi Cant, litera missa Choppe-churches. Ex reg. Morton, fol.
omnibus episcopis suffraganeis contra 225. b."j

448 COURTNEY'S CONSTITUTION [A.D. 1391.

and damned simoniacal ambition. But (alas !) some men's
minds now-a-days are so darkened and smitten with outward
things, as never to look inward to themselves, or to Him that
is invisible, while they are puffed up with temporal honours,
still desiring more, slighting the ways of God. Some traffic
for the gifts of the Holy Spirit, while they pay or make
private simoniacal contracts for churches and ecclesiastical

[Acts viii. benefices, forgetting the words of Peter to Simon, "Thy money
perish with thee, because," &c. Others of these tare-sowers,
perverters of right, inventors of mischief, commonly called
choppe-churches, defraud some by an unequal change of bene
fices through their wicked intriguing and execrable thirst
of gain ; and sometimes wholly deprive others of the bene
fices they have through false colours ; insomuch, that being
reduced from an opulent to a poor condition, and not being
able to dig, they die of grief, or else are compelled to beg
through extreme poverty, to the scandal of the Church and

[1 Cor. ix. clergy. Others, though "they who serve at the altar should
live by the altar," &c., according to the Apostle, procure per
sons to be presented to churches with cure and ecclesiastical
berfefices by importunity and money, and to be instituted
therein, after having first wickedly sworn that so long as
they have those benefices they will claim no profits from
them, nor any way dispose of them, but leave them to their
direction and profit [who procured them], under pretence
of an exchange, or purely aat their request. By which
means (whereas one church ought to belong to one priest,
and no one ought to have several dignities or parish-churches)
one man, insufficient for one cure though a small one, sweeps
to himself by a trick the profits of many benefices, which if
if equally distributed would abundantly suffice for many
learned and very reputable men who very much want it ;
divine worship and hospitality is neglected ; the indevotion
of the people toward the Church and them who belong to it
is increased, and the cure of souls is not minded. Such
carnal men despise spiritual precepts, and affect temporal
riches in contempt of eternal rewards. But it were to be
wished, that for their own amendment they would be afraid
of punishment, by considering how the Redeemer of man-

[John ii. kind cast the chapmen out of the temple, saying, " Make not

16.]

A.D. 1391.] AGAINST CHOPPE-CHURCHES. 449

My Father's house a house of merchandise." Our Lord
never dealt so severely with any offenders, to demonstrate
that other sinners ought to be reprehended, but these to be
driven far from the church. 'Farther, some raptors rather
than rectors of churches, shepherds who know not and take
no care of their flocks, provoke the divine indignation, neg
lecting hospitality without cause, shamefully spend their time
at London, devouring Christ's patrimony, living daintily on
the bread of the hungry, clothing themselves with the gar
ments of the naked, and with the ransom of captives : they
dare not say with the prophet, "The Lord is the portion of [Ps.xvi.5.]
mine inheritance :" but rather, "We desire not the knowledge [Job xxi.
of Thy ways*." Whereas, therefore, the cure of souls is our 14^
chief concern, of which we are to give a strict account, and re
solving not any longer to connive at so great a scandal of the
clergy of the Church of England, and so perilous and per
nicious an example, at the importunate request of many we
give it in charge, and command you my brother in virtue
of obedience, and do will and command that the rest of my
suffragans and fellow bishops of our province of Canterbury,
be enjoined by you to take corporal oaths of all whatsoever
that are to be presented to ecclesiastical benefices, now or
hereafter to be void within your dioceses, that they have not
given or promised f directly or indirectly, by themselves, or by
any employed by them for the presentation, to the presenter
or any other persons whatsoever ; and that neither they nor
their friends are obliged by oath or any pecuniary security,
to resign or make exchange of the benefices; and that no
unlawful compact hath been made in this respect, nor pro
mise, with their will or knowledge : and that in case of ex-

' * [Nonnulli praeterea, quod dolen- bona pauperum, "esurientium panem,

dum est, ecclesiarum non rectores, sed nudorum vestimenta, redemptionem

raptores, non boni pastores gregem miserorum, ad eorum interitum, mise-

suum cognoscentes, sed velut merce- rabilibus usibus consumentes ; qui

narii, ad quos non pertinet de ovibus ; sunt istis injustiores aut tarn avari, qui

qui sicut verisimiliter est timendum, ducatum aliis praebere tenentur, et eos

Dei omnipotentis indignationem et bene vivendo per exempla rectae ope-

irain in die irae et furoris Domini cu- rationis praeire, multorum alimenta,

mulantes, cura sua et debita hospitali- non suum usum, sed abundantiam et

tate neglectis, in cleri opprobrium, ut delicias faciunt, nee loqui audeant cum

de aliis eorum insolentiis taceamus, verbis prophetae "Dominus pars haerc-

absque causa necessitatis et rationabili, ditas meae ;" sed potius " Scientiam

impudenter Londoni commorantur, pa- viarum nolumus." W.]

trirnonium Jesu Christi devorantes, ac f [Johnson omits, aliquid, S. W.]

JOHNSON. Q g

450 COURTNEY'S CONSTITUTION [A. D. 1391.

change no proxies, though signed by notaries, be allowed,
without the presence of the principals, and a provident exa
mination of the equality as to the value of the benefices, and
an oath given by each party that no fraud private or public
is used in the exchange : 'and that the non-residents in your
dioceses be effectually called home to do their duty ; and the
simoniacal possessors, or rather usurpers of churches be
severely censured; and that the accursed partakers with
Gehazi and Simon, the " choppe-churches," who chiefly are
at London, be in general admonished to desist from such
procurings, changings and trickings made in their conven
ticles and simoniacal assemblies for the future* : and let
them cassate and cancel all contracts and bargains frau
dulently made, though confirmed with oaths, which in this
case are null; and let all such frauds and simoniacal con
tracts, which are not in their power to break, be discovered
to the bishop of the dioceses in which such benefices as are
concerned in the transaction do lie, that they by whose
procurement or consent these contracts were made, may be
enjoined penance according to their merits, under pain of
the greater excommunication after fifteen days' notice, (five
days being allowed after each of the three usual admonitions,)
which we pass upon them by this writing bfrom this time
forward, as well as from that time forward. 'And do ye
strictly enjoin and cause other bishops to be so enjoined, that
these wicked merchants of the Lord's inheritance, and such
as have several dignities, churches and ' f choppe-churches,"
be struck with the sword of ecclesiastical censure, especially
such of them as are in orders, as being universally abhorred

' * [Non residentes insuper in vestra calamitas, quam placatio Dei, cujus

et eorum dicecesibus, nisi subsit evi- iracundiam exinde contra eos temere

dens, utilis, et rationabilis causa ad provocarunt : necnon prasdictos iniqui-

residentiam personalem, et officium, tatis alumnos, clerum et ecclesiam blas-

propter quod datur beneficium impen- phemantes maledictos Giezei et Simo-

dendum revocetis et revocent cum nis consortes in crimine " Choppe-

effectu, ne ipsorum sanguis de vestris churches" vulgariter appellatos, in

aut eorum (quod absit) manibus re- civitate vestra Londonensi pro majori

quiratur; quosque in beneficiis ecclesi- parte degentes, ut dicitur, publice et in

asticis simoniace, vel fraude praedicta genere moneri faciatis, quod ab eorum

intitulatos, quin verius intrusos inve- morbosa contagione, et damnosa pro-

neritis, debitse animadversionis stimulo curatione permutationum et deceptio-

percellatis et percellant, cum ubi tales num hujusmodi, per ipsorum conven-

intrusores ad locum regiminis addu- ticula et seditiones Simoniacas de cae-

cantur, quorum radix gravi peste in- tero fiend, desistant et desistat eorum

fecta est, major locis illis metuenda est quilibet cum effectu, W.]

A. D. 1391.] AGAINST CHOPPE-CHURCHES. 451

by all *, lest by the neglect of you and other bishops this
clamour be again repeated in our ears. And do ye cause us
to be certified of what you have done in the premisses be
fore the feast of St. Michael the archangel next ensuing,
by your letters patent containing a copy of these presents.
Dated in our manor of Slyndon, on the fifth day of March,
in the year of our Lord 1391, and of our translation the
eleventhf."

* I read requisite %.

b Ex nunc prout ex tune. This shews the nature of conditional excom
munication, as still used in ecclesiastical courts, viz., that it takes effect
from the time of its being decreed in court, in case the conditions be not
submitted to within the time limited. I mean it takes effect in the design
of the canon and the ecclesiastical judge, though not as to the temporal
court : and so the ipso facto excommunication takes effect as to the inten
tion of the canon, from the moment that the fact is committed ; though it
can have no effect as to the temporal court, till it have been particularly
denounced against the party. The man who committed the fact and knew
the canon was excommunicated in his own conscience from that moment
forward : and this was a point of great moment, while excommunication
was deemed a real curse.

By authority of which reverend mandate we have enjoined
it by our letters, as the custom is, to be fully executed as to
all and singular its contents, by all and singular your suffra
gans of your province of Canterbury in their cities and dio
ceses, according to the full power, form, and effect of the
said mandate, and have caused the said mandate, and all and
singular the premisses, so far as we are concerned, to be put
in due execution §, and will cause it so to be done to the best

'* [Vobis districtius injungentes, et mucrone feriatis, et feriant, ut metus

per vos praefatis coepiscopis et confra- pcenae meta ipsorum avaritiae et prae-

tribus simili modo injungi mandantes, sumptionis existat, et alios praesump-

quatenus praedictos haereditatis Domini tores ab illicitis coerceat per exemplum ;

pessimos mercatores, plures ecclesias W. Johnson otherwise abridges the

et dignitates sic fraudulenter, ut prae- original of Archbishop Courtney's let-

fertur, in vestra et eorum dioecesibus ter, but without materially detracting

obtinentes, ac eosdem perversitatis from the sense.]

alumnos " Choppechurches" commu- f [The remainder is in Spelman but

niter dictos, et maxime in sacris ordi- not in Wilkins.]

nibus constitutos, quorum abusiones et J [So Wilkins.]

nefas damnat clerus, abominatur popu- § [Johnson omits, infra nostras civi-

lus, et utriusque sexus consortium de- tatem et diocesin, Spelman.]
testatur, ecclesiasticse animadversionis

452 COURTNEY'S CONSTITUTION. [A D. 1391.

of our power, God permitting. And thus we have duly exe
cuted your most reverend mandate, according to the demand
and effect thereof in and through all particulars. Dated in
our manor of Hadham on the seventh day of September in
the year of our Lord above-written, and of our consecration
the eleventh.

A.D. MCCCXCVIII.

PREFACE. ARCHBISHOP ARUNDEL'S CONSTITUTION
IN HONOUR TO BECKET.

THOMAS Arundel, archbishop of Canterbury, having in
curred the displeasure of King Richard the Second, was
forced into banishment for being accomplice with his brother
the earl of Arundel, who suffered death as partisan with the
earl of Derby (afterwards King Henry the Fourth). Roger
Walden is put into the chair of Canterbury, and acted as
archbishop for two years or thereabouts. I insert the fol
lowing constitution not out of regard to the man who presided
in convocation at the making of it, but as a demonstration of
the most excessive bigotry of our ruling clergy at this time
toward Thomas Becket. Walden, though he was ambitious
of the archiepiscopal dignity, yet seems to have been a modest
man in this respect, that he does not assume to himself the
style of an archbishop, or primate, for thus the constitution
runs.

A.D. MCCCXCVIII.

ARCHBISHOP ARUNDEL'S* CONSTITUTION.

LATIN. {THE splendor of the paternal glory, who illuminates the
copy, p 62. world with ineffable brightness, does then favour the pious
[Wiikins, desires of them that hope in His most clement majesty, when
p. 234f.] their humble devotion is assisted by the merits and prayers
of the saints. We desiring to render Christ's faithful people,
especially such as dwell in our province of Canterbury, more
acceptable to God, and followers of good works, ' do enact and
ordain in the convocation of the clergy of the province of
Canterbury on the second day of March, A. D. 1398, cele
brated in our cathedral church of St. Paul, London, with the
consent of ourself, our brethren, and suffragans §, and of the
clergy aforesaid, that the festivals underwritten, that is, of
St. David, bishop and confessor, whose body and relics are
at Menevia, on the kalends of March; and St. Chad If, whose
body and relics are in the church of Lichfield ; a St. Wene-
fred, virgin and martyr ||, whose body and relics are reposited

* [In the addenda to the first edition Archiepiscopi, totius Angliae primatis,

Johnson gives under the year 1398 this et apostolicae sedis legati, nuper rece-

direction, " In the title, the reader pimus, tenorem qui sequitur verborum

may, if he please, substitute Walter continentes ; Rogerus, permissione di-

for Arundel;" of course he means vina Cant, archiepiscopus, totius An-

Walden, who in the passage quoted gliae primas, et apostolicae sedis lega-

below from Wiikins plainly styles him- tus, vener. patri nostro domino Roberto,

self archbishop of Canterbury.] Dei gratia London, episcopo, salutem,

f [" Literce archiep. Cantuar. pro et fraternam in Domino charitatem.

celebratione festorum S. David, Ceddce, Splendor, &c. Compare Archbishop

Wenefridce et Sancti Thames Martyris. Chichley's constitution, below, A.D.

Ex reg. Exon. Stafford A. fol. 16. et 1415, 3.]
ex MS. Bodlei. super. D. 1. Art. 43."] '§ [in ultima convocatione cleri

J [Wiikins begins the constitution provincise nostrse Cant, secundo die

with the following passage, omitted mensis Martii, in ecclesia vestra ca-

Lynd. app., p. 62 : thedr. S. P. London, celebrata, de con-

Robertus, permissione divina Lon- sensu vestro, aliorumque confratrum et

donensis episcopus, dike to in Christo suffraganeorum nostrorum, W.]
filio archidiacono nostro London, salu- ^f [Johnson omits, episcopi et con-

tern, gratiam et benedictionem. Lite- fessoris, 6 non. Martii, W.]
ras reverendissimi in Christo patris et || [Wiikins omits, and martyr.]
domini dom. Rogeri Dei gratia Cantuar.

A. D. 1398.] ARUNDEI/S CONSTITUTION. 455

in the conventual church of St. Thomas the martyr, without
the walls of the town of Shrewsbury in the diocese of Coven
try and Lichfield, and our province of Canterbury, on the
third day before the nones of November, 'be devoutly cele
brated in all times coming every year, and on the days before
mentioned, by the clergy of our province in all their churches,
with nine blessons, and all other things particularly belonging
to the office of the saints of whom we have spoken ; with the
common [office] in places where the proper service for these
saints is not to be had ; and that the feasts of these saints
on the days above specified, be marked and distinguished in
some kalendar of every church of our province*.

a Here should be added, on the second of March. But either this con
stitution was very ill drawn, or this is a very imperfect copy.

b By what here follows it is evident that when a holy day was enjoined
to be kept by a convocation or archbishop over the whole province, or by a
bishop in his diocese, it does not therefore follow that the convocation or
archbishop drew an office for the day, and enjoined the using of it. The
court of Rome, which had the sole power of canonizing saints and appoint
ing their festivals, either drew an office proper for the day, which was by
degrees dispersed into all churches and inserted into their books, or else
they left the festival to be kept at large by some common office. And
whoever looks into their books will find such common offices for saints of
all ranks and denominations, as in the cases here mentioned they have
Commune unius pontificis, Commune unius pontificis et martyris, &c.,
Commune unius viryinis, Commune plurimarum mrginum. The con
stitution speaks of proper offices for the saints here mentioned, but sup
poses that all churches were not furnished with them ; and till they were,
leaves them to be celebrated in those churches according to the common
forms.

But although we ought to extol all and singular that are
settled in the kingdom of heaven with sonorous praises, and
to honour them with a solicitous zeal, yet it is fit that with
our loudest voices, and peculiar praises, and spiritual honours
we should extol, sound forth, and venerate the most glorious

' * [per universas ecclesias nostrae petuis futuris temporibus, a clero dictae

Cant, provincise, quamlibet viz. dicta- nostrae provinciae devotius celebrari,

rum festivitatum, cum 9 lectionibus, diebusque praenotatis, ut praefertur,

et ceeteris omnibus ad officium sane- debito devotionis obsequio dicend. de

torum, de quibus praemittitur, singu- eisdem, ac festa sanctorum hujusmodi,

lariter pertinentibus, de communi in sub diebus et mensibus praenotatis, in

locis, ubi proprium servitium de sane- aliquo cujuslibet ecclesise dictae no-

tis hujusmodi non habetur, ordinavi- strae Cant, provinciae calendario intitu-

mus et statuimus, annis singulis, per- lari pariter et signari. W.]

456 ARUNDEL^S CONSTITUTION. [A. D. 1398.

bishop and martyr St. Thomas, the patron of us, and of the
church which is the head and mistress of all the churches of
the said province, who is known to have shed his blood for
the ecclesiastical liberty, and by whose merits and passion
our whole province of Canterbury is made to shine, and the
Church universal is decorated. Upon this consideration, we
in the convocation aforesaid, 'with the concurrent advice
and consent of ourself, and the others before-mentioned*,
do ordain and enact that a Commemoration of the afore
said most glorious martyr St. Thomas, be laudably observed
every where in our province of Canterbury once in every
week, that is, on d Tuesday, if it may conveniently be done,
otherwise on some day of the week, if it fit better, 'in the
same order with the e commemoration of the feast of the
placet, to the honour and glory of the Church and the said
martyrj.

c A commemoration or memory is a collection of some antiphons, prayers,
&c., to be inserted into the office of the day in honour to some saint of lesser
rank, or whose day falls on a greater festival or a solemn fast ; or in honour
to some saint of great magnitude, on such days as are not peculiarly set
apart in honour to him.

d In the office on the translation-day of this reputed saint, it is said
that he was born, banished, had a revelation from Christ, returned from
banishment, was killed, and had his translation (that is, the removal of his
corpse from the grave to the shrine) performed all on a Tuesday.

e The feast of the place, that is, the day on which the church of each
place was founded, is always to be kept as a principal double ; that is, as
a feast of the very highest rank, and the commemoration was proportion
able to the feast.

' * [vestro et aliorum, de quibus in the same convocation, is dated, " In

praefertur, concurrente consilio pariter manerio nostro de Croydon, 8 die died

et assensu, W.] mensis Martii, A.D. MCCCXCVII. et

' f [sub regula commemorationis nostrae consecrationis anno primo:"
festi loci, W.] After this follows a postscript to the

J [The letter of Roger Walden in whole by Robert (Braybrook, conse-

Wilkins, vol. iii. p. 235-6, containing crated bishop of London A.D. 1381,)

farther a sentence relating to the exe- dated, " In manerio nostro de Stebben-

cution of the foregoing constitution, and hythe die 15 mensis Aprilis, A.D.

a long paragraph ordering a collection MCCCXCVIII. et nostrae consecrationis

on behalf of Abbot Nicolas, as resolved anno xvn."]

A.D. MCCCCVIII.

ARCHBISHOP ARUNDEL'S CONSTITUTIONS AGAINST
LOLLARDS.

THE constitution of Lord Thomas Arundel, archbishop of LATIN.
Canterbury, published in a convocation of the whole clergy ^ Jss.j
of his province celebrated at Oxford, A. D. 1408 ; Henry the sir H-
Fourth reigning in England, Gregory the Twelfth, Alexander vol. ii.* '
the Fifth, and Benedict the Thirteenth exercising the papal F^6^'
jurisdiction all at once. app.,p. 64.

Thomas, by divine permission archbishop of Canterbury, J^y1"8'
primate of all England, and legate of the apostolical see, top-314*-]
all and singular our venerable fellow-bishops, brethren and
suffragans, abbots and priors, deans of cathedral churches,
archdeacons, provosts and canons, rectors, vicars and chap
lains of parish churches, and all clerks and laics whatsoever
within our province of Canterbury, health, and firm ad
herence to the doctrine of holy mother Church. He does
an injury to the most reverend synod who examines its
determinations : and since he who disputes the supreme
earthly judgment is liable to the punishment of sacrilege,
as the authority of civil law teaches us ; much more griev
ously are they to be punished, and to be cut off as putrid
members from the Church militant, who, leaning to their own
wisdom, violate, oppose, and despise, by various doctrines,
words, and deeds, the laws and canons made by the key-
keeper of eternal life and death, (the vicegerent not of an
earthly man, but of the true God, and to whom God Him
self has given the rights of a celestial empire,) when they
have been published according to form and canon, and ob
served by the holy fathers our predecessors, even to the
glorious effusion of their blood, and a dissipating of their
brains. 'For they ought to consider that in the Old Tes
tament Moses and Aaron were [the first] amongst the

* [" Constitutiones domini Thomas Eli. 235. et MS. Lamb. 17." Wilkins

Arundel, Cantuariensis archiepiscopi, adds the following note :
factce in Convocation prcelatorum et MS. Eli. ad A.C. 1407, concilium

cleri Cantuariensis provincice, in ecclesia hoc remittit. Constitutiones hae in pro-

cathedrali S. Pauli London, incepta 14 vinciali concilio Oxonii habito editae,

die mensis Januarii, A.D. 1408, et trans- et deinde repetita promulgatione in

laiionis suce an. xiii. contra hcereticos. concilio hoc Londinensi sancitae fue-

Ex reg. Arundel II. fol. JO, et MS. runt,]

458 ARUNDEL'S CONSTITUTIONS [A.D. 1408.

priests*; and in the New Testament there was a distinc
tion among the Apostles; and our Lord granted, and the
Apostles agreed, that Peter called b Cephas, that is, the head,
should be the prince of the Apostles, as being he to whom it
[Luke was said " When thou art converted strengthen thy brethren :"
xxn. 32.] ag ^ j^ ka(j ga^ if there be any doubt among them, do thou
confirm them in what is good; which our Lord would not
have said if He had not determined that others should obey
him. But we experience to our grief, that the old sophister
knowing that sound doctrine, as determined by the fathers,
which keeps the people in the unity of the faith under one
head, would obstruct his malice, endeavours to extirpate
that doctrine, and falsely calls vice virtue, that by separating
men by degrees from their universal sacred mother, he may
erect to himself a church of malignants : he transforms him
self into an angel of light while he traduces the ancient doc
trine, and would bring in new ones of his own making, which
he falsely pretends would be for the better; but he means
nothing but schism, and the weakening of the faith (by con
trariety of opinions [taken] from Jews, pagans, and other
infidels, and perverse men) and the profanation of mysteries,
by which the emblem in the Apocalypse is verified, c"One
sitting on a black horse held a balance in his hand." By this
heretics are meant, who allure people to them with an appear
ance of what is right and just under the figure of a balance,
but afterwards comes the horse with his black tail scattering
poisonous errors, and publishing scandals by persons elected
to evil ; who (alas) preach before they are sent, and sow be
fore they have winnowed their seed : and by not considering
the prohibitive decrees and canons against such sowers they
prefer a diabolical sacrifice before obedience to the Church.

a Here he evidently alludes to the murder of Becket, whose brains were
dashed out by the assassins.

b Here the skill in languages and logic are both alike.

c Rev. vi. 5.

We therefore, considering that by not resisting error we
might seem to approve it, and that we should cherish the
viper by not suppressing it, and desiring to shake the dust
off our feet, and consult the honour of holy mother Church,

' * [Considerate enim deberent quod primi inter eos fuerunt ; S. W. Cf.
in antiquo traditur Testamento, Moyses Ps. xcix. 6. (xcviii. 6. Vulg.)]
et Aaron in sacerdotibus ejus, id est,

A. D. 1408.] AGAINST LOLLARDS. 459

and sow the one holy doctrine in the Church, especially in
our province of Canterbury, (so far as we may with God's
assistance,) to the increase of faith and divine worship, and
for the rooting up of d tares, and whatever evils have sprung
up by means of perverse preaching and unsound doctrine, to
obviate all peril of souls, and removing all obstacles by which
our province may be embarrassed, with the advice and con
sent of our suffragans, and other prelates present in this
convocation of the clergy, and of the proxies of those that
are absent, and at the instant petition of the proctors of the
whole clergy of our province of Canterbury, and for the
strengthening of the e common law made in this behalf, we
add the just following penalties.

d As in this whole declamatory preface he evidently aimed at the Wic-
lifists, so more particularly in this place : they were commonly called
Lollards, in allusion to the lolium or zizaniae in the parable *, though some
say from one Lolhard a German, who was some time before Wiclif f.

e By the common law is evidently meant the statute made to enable
bishops to take up, imprison, degrade, lay fines on heretics, and if they
proved obstinate, to deliver them up to the secular magistrate to be
burned, which was made seven years before the following constitutions]: ;
so much more forward was the zeal of parliaments against heresy in this
age than that of convocations.

1. We enact, decree, and ordain, that no f secular or re- [Lynd.,
gular, unless authorized by the s written law, or by special p> 288'-"
privilege, take to himself the office of preaching the word of
God, or do in any wise preach to the people or clergy in
Latin, or in the vulgar tongue, within a church, or h without
it, unless he present himself to the diocesan of the place in
which he attempts to preach and be examined; and then
being found qualified both by manners and learning, let him
be sent by the diocesan to preach to some certain parish or
parishes, as to the same ordinary shall seem expedient, in
respect to the qualifications of the man. And let none of
the aforesaid presume to preach, unless assurance be first

* [Lyndwood, Provincial, p. 200, p. 101. sub ann. 1318. Walter the

gl. Lollardia. Cf. Chaucer, Squire's Lollard to whom Johnson refers began

prologue, 1. 10 — 21.] to preach in Germany A.D. 1315, and

f [Eodem anno (1 309) quidam hypo- was put to death at Cologne in 1322.

critsegyrovagi, qui Lollardi, sive Deuin See also Du Cange, Glossarium, art.

laudantes vocabantur, per Hannoniam Lollardi.]

et Brabantiam quasdara mulieres no- J [" 2 Hen. IV." MS. note Wrang-

biles deceperunt. Hocsemius, 1. i. c. ham. See Statutes of the Realm, 2 Hen.

31. ap. Raynaldi AnnalesEccl., torn. v. IV. c. 15. vol. ii. p. 125-8.]

460 ARUNDEL'S CONSTITUTIONS [A.D. uos.

given in proper form of their being sent and authorized ; so as
that he who is * authorized by written law, do come according
to the form therein limited; and that they who say they
come by k special privilege, do really shew that privilege to
the rector or vicar of the place where they preach ; and that
they who pretend to be sent by the diocesans of the places,
do shew the letters of that diocesan drawn for that purpose
under his great seal. But we take a ] perpetual curate to be
sent by law to the place and people of his cure. But if any
of the aforesaid be under a suspension or prohibition from
preaching passed by the diocesan of the place or other supe
rior, for any errors or heresies which he is pretended to have
formerly preached, affirmed, or taught, let him not thence
forth preach any where in our province till he has purged
that defect according to the determination of him who sus
pended or prohibited him ; and be again restored to preach :
to which purpose let him be bound to carry with him the
letters testimonial of him that restored him, and shew them
in the place where he preaches. But let mparish priests and
temporary vicars (not perpetual) who are not sent in form
aforesaid, only simply preach those things which are expressly
contained in the provincial constitution (together with the
usual n prayers) which was well and piously published by
°John of good memory our predecessor, as a supply to the
" ignorance of priests," with which words it begins. And we
will that this be had in every parish church of our province
of Canterbury within three months after the publication of
these presents, and that it be effectually published by those
priests every year, and every time that [the constitution]
itself requires. And lest this wholesome statute should seem
to mean some evil on account of any pecuniary exactions, we
will and ordain that the examination of the persons aforesaid,
and the letters of the diocesan to be drawn for them, be sped
with all expedition, p gratis, and without any difficulty, by
those whose office it is, and to whom it is known to belong.
If any one do knowingly violate this our statute (which is
only a putting the ancient law in execution) after its pub
lication, by preaching of his own temerity, contrary to the
form herein mentioned, let him incur the sentence of greater
excommunication ipso facto : and we reserve the absolution
of him to ourself and our successors, by the tenor of these

A.D. 1408.] AGAINST LOLLARDS. 461

presents. But if such preacher despising this statute do a
second time preach, teach, affirm, or pertinaciously by word
or deed intimate that the Church has not power to make
such ordinances by the persons of its prelates, let the sen
tence of excommunication be duly aggravated against them
by the superiors of the places, qand let them be forbid all
communion with Christian people : and when they are law
fully convicted of it, let them be declared heretics by the
ordinary of the place, and from that time be reputed heretics
and schismatics by all, to all effects of the law ; and let them
incur the penalties of heresy and schism, as expressed in the
law ipso facto, and especially that their goods be deemed
confiscated in law, and seized by those to whom they belong,
unless they repent and abjure in the accustomed form of the
Church. And if their fautors, receivers, and defenders de
sist not within a month, after they have lawfully been admo
nished in this behalf by their superiors, let them have the
same punishment inflicted on them in all respects when they
have been convicted of it.

f Supply priest ; for none but a priest may preach, except a deacon be
curate : for then he may preach to his own subjects. Lyndwood*.

* See note i below.

h Friars might preach in churchyards or streets. Lyndwood f.

1 By the canon law, the pope is allowed to preach every where ; the
bishop in his own diocese, or in any other, where he is not expressly pro
hibited by the proper bishop. A master or doctor in divinity, or any
preacher licensed to any parish or parishes, may be admitted to preach by
any curate in transitu. Friars preachers, and minors j may preach any where
of common right, though of old this was a privilege specially granted by
the pope. Lyndwood§.

k These were Augustinian and Carmelite friars, who had no decretal in
serted into the Corp. Jur. Can., whereby to grant them a general licence,
as the preachers and minors had^f.

1 That is, the rector, vicar, or whoever had a perpetual titlt? to the cure
of souls in any church ||.

m This wholly sets aside the authority of can. 49, 1603 ; for these
canons, and the old common law of the Church here declared by Lynd
wood, are, I conceive, of greater authority than our last canons, which

* [Provinciale, p. 288, gl. Scecu- J [i. e. Dominicans and Francis-
laris.] cans.]

f [Aut extra. Scil. in ccemeterio, vel § [Provinciale, p. 289, gl. Auctori-

plateis publicis, prout est concessum zatus est. — Limitata in eo.~\
fratribus. de sepult. c. dudum. ver. prte- ^| [Ibid., gl. Privilegio special}.]

dicare. per Paulum in Clem, ibid.] || [Ibid., gl. Vicario.]

462 ARUNDEI/S CONSTITUTIONS [A. D. 1408.

were never authorized by parliament, as these old provincials are, so far
as they are not contrary to prerogatives royal, &c.

n The bidding of the beads is here evidently meant, of which you have
a very ancient form in Anthony Harmer *. It was called prayers, by rea
son of the Kyrie Eleison, Ave Maria, and Paternoster, being several times
repeated after the several exhortations : so the exhortation to prayer in
the fifty-fifth canon is called a prayer in the title of that canon on account
of the Lord's Prayer, with which the preacher is to conclude it.

0 See const. 9. of Peckham, A.D. 1281.

p It is certain this constitution as to this clause of granting the licence
without pay is as much in force as any ecclesiastical canon or provision
that ever was made in England. Lyndwood says nothing must be ac
cepted, though the priest freely offer it, and proves it from the canon
lawf.

q The sentence of greater excommunication was aggravated by actually
excommunicating them that conversed with those who were under this
sentence with a lesser excommunication ; and if they persisted to converse
with them after admonition given, with a sentence of greater excommu
nication.

[Lynd., 2. Farther, let not the clergy or people of any parish or
p. 294.] p]ace whatsoever in our province admit any one to preach in
churches, churchyards, or any other places, unless full assu
rance be first given of his being authorized, privileged, or
sent, according to the form aforesaid; otherwise, let the
church, churchyard, or rother place whatever where the
preaching was, be ipso facto laid under ecclesiastical inter
dict, and so remain till they who admitted or permitted him
so to preach, have made satisfaction, and have procured a
relaxation of the interdict in due form of law to be made by
[3. W.] the diocesan or other superior, Farther, as the good husband-
[Lynd., man sows his seed on such ground as is most fit to produce
corn, we will and command that the preacher of God's word
coming in form aforesaid, do observe a decorum as to the
subject matter in his preaching to the clergy or people, so
that the seed be fitted to the auditory under him, by preach
ing to the clergy chiefly of those vices that are growing up
among them ; and to the laymen of the sins most rife among
them, and not otherwise. Else let him that so preacheth be
canonically and sharply punished by the ordinary of the
place, according to the quality of the offence.

* [See " Errors and Defects in (Bp. ton,) pp. 68, 166-8. Lond. 1693.]
Burnet's) Hist, of Reformation, by f [Provinciale, p. 291, gl. Exac-
Anthony Harmer," (i.e. Henry Whar- tione.j

A. D. 1408.] AGAINST LOLLARDS. 463

r By the place here we are to understand the men of the place. Lynd-
wood *.

3. Because that part which does not agree with its whole [4. w.]
is rotten, we decree and ordain that no preacher of the word {^295 j
of God, or other person, do teach, preach, or observe any
thing in relation to the sacrament of the altar, matrimony,
confession of sins, or any other sacrament of the Church or
article of faith, any thing but what hath been determined by
holy mother Church, nor call in question any thing that has
been decided by her ; nor let him knowingly speak scandal
ously either in public or private concerning these things;
nor let him preach up, teach, or observe any sect or sort of
heresy contrary to the sound doctrine of the Church. Let
him incur the sentence of excommunication ipso facto, who
knowingly and pertinaciously attempts the contrary after
the publication of these presents ; from which let him not be
absolved except at the point of death, unless he reform him
self (by first abjuring heresy generally or simply in the ac
customed form of the Church, at the discretion of the ordi
nary, in whose territory he is convicted of having committed
the offence ;) and have received salutary penance for what he
has done : 'and if he undertake to do this a second time, and
so relapse f, let him be declared a heretic and relapse convict
by sentence formally passed, and let his goods be deemed
confiscated, and seized by sthem to whom they belong. And
we will that the penance before mentioned be such, that if
any man have publicly or privately taught, preached, or
affirmed any thing contrary to the determination of the
Church, contained in the decrees, decretals, or our Consti
tutions provincial, or any sort of heresy or sect, he shall ex
pressly recant the things so preached, taught, or affirmed in
the parish church of the place where he preached, taught, or
affirmed them, upon some one or more LordVdays, or other
solemn days, at the discretion of the "ordinary, according as
he is convicted to have offended more or less, at high mass,
when the greatest number of people is present; arid shall
effectually and without fraud preach, teach, and recite the

* [Provinciale, p. 294, gl. Quicunque rit, Lynd.
locus.] Quod si secundo se iiigesserit, reci-

'f [Quod si secundo se ingesserit, divaverit, seu relapsus fuerit, W.]
sicque recidivaverit, vel relapsus fue-

464 ARUNDEL'S CONSTITUTIONS [A.D. 1408.

determinations of the Church ; and shall be otherwise pun
ished in proportion to his demerits, as shall seem most expe
dient to the ordinary.

8 The immovable estates both of clerks and laymen belonged to the
secular or ecclesiastical lord of the fee, and so did the movable goods of
laymen ; but the movables of clerks, in this case, belonged to the churches
in which they were beneficed ; and if they were not beneficed, to the bi
shop of the diocese. Lyndwood*.

1 T hat is, all this book of provincial constitutions, says Lyndwood, not
Arundel's only. And he asserts the obligation of all these constitutions
from the canon lawf.

u Lyndwood asserts the bishop to be ordinary in cases of heresy, even
in exempt religious houses : he confesses, that according to the canonists,
they are but delegated ordinaries ; but seems to think they are delegated
by law, (meaning the canon law,) though popes were willing to have it
thought they were delegated by them. To me the opinion of these canon
ists seems most just, who said that the power of the bishop in places
exempt (as to the point of heresy) was a restitution of his ordinary power ;
and that therefore he was the proper ordinary by this restitution, as he
certainly was before the popes wrested this power from him by granting
these exemptions. Yet Lyndwood owns that this constitution does not
reach exempt places, unless they were parish churches J.

[5. W.] 4. Because an old vessel retains a relish of what it first
^282 ] contained, we enact and ordain that masters and all who
teach boys or others the arts, or grammar, and that instruct
men in the first sciences, do by no means undertake to in
struct them § in the sacrament of the altar, or other sacra
ments of the Church, or upon any theological point contrary
to the determinations of the Church; nor in expounding
any text of Scripture otherwise than of old it used to be ex
pounded ; and that they do not permit their scholars or dis
ciples publicly or even privately to dispute concerning the
Catholic faith, or the sacraments of the Church. Let him
that transgresses be severely punished as a fautor of errors
and schism by the ordinary of the place.

* [Provinciale, p. 297, gl. Occu- Ordinarii. i. e. Episcopi in suis dice-

pentur.~\ cesibus, qui habent ordinariam juris-

f [Ibid., gl. Nostris. — Provlnciali- dictionem circa non exemptos suae

bus.~\ dicecesis : Circa exemptos vero in sua

J [Provinciale, p. 297, gl. Ipsius dicecesi existentes habent jurisdictio-

loci. — Ordinarii ipsius loci. Lyndwood nem delegatatn a papa, ibid., p. 298.]
refers to an earlier gloss on the same § [Johnson omits, de fide catholica,

constitution, where among other state- Lynd., S. W.]
ments he has the following :

A. D. 1408.] AGAINST LOLLARDS. 465

5. Because a new path oftener misleads men than an old,, [6. w.]
we will and ordain that no book or treatise composed by
xJohn Wicklif, or by any other in his time, or since, or
hereafter to be composed, be henceforth read in the schools,
halls, inns, or other places whatsoever within our province
aforesaid, and that none be taught according to such [book]
unless it have been first examined, and upon examination
unanimously approved by the university of y Oxford or Cam
bridge, or at least by twelve men chosen by the said univer
sities, or by one of them under the Discretion of us, or our
successors ; and then afterwards [the book be approved] ex
pressly by us, or our successors, and delivered in the name,
and by the authority of the universities, to be a copied, and
sold to such as desire it ; after it has been faithfully collated
at a just price, the original thenceforth remaining in some
chest of the university for ever. And if any one shall read
book or treatise of this sort in the schools or elsewhere, con
trary to the form above written, or shall teach according to
it, let him be punished according as the quality of the fact
shall require, as a sower of schism, and a fautor of heresy.

T Lyndwood here calls Wicklif an arch-heretic, and says, by his doctrine
all Bohemia was poisoned ; and adds, that his body, at the command of
the apostolical see, was taken out of its grave and then cast into a
neighbouring river ; and that Richard Flemming, bishop of Lincoln, exe
cuted this sentence. And this year, says he, 1429, Pope Martin V. has
raised a crusade against Bohemians, as rebels against the orthodox faith*.

y It seems plain that Oxford was by this time in some measure recovered
from its zeal for Wicklif. For this university was the great strength of
his party ; and it seemed to little purpose for the prelates to attempt any
thing against him and his opinions in an ecclesiastical way, while he had
so great a body of the most learned men in England on his side. Fifty
years were now almost past since Wicklif began to preach ; and nothing

* [Johannem Wickliff. Haeresiarcham apostolic* sedis legati : et died Johannis
magnum, qui multas hsereses antiquas Wickliff corpus, quod erat sepultum in
resuscitavit in Anglia tempore suo, et ecclesia parochiali de Loterworth. Lin-
ex cujus doctrina tota Bohemia intoxi- coin, dicecesi ubi fuit rector, de man-
cata extitit, et est de praesenti ; in tan- dato et decreto sedis apostolicae fuit
turn quod Papa Martinus quintus mo- exhumatum, et ejus ossa combusta,
dernus contra ipsos Bohemos Fidei or- cineribus eorundem projectis in proxi-
thodoxae rebelles cruciatam erexit hoc mum amnem ad damnationem et dele-
anno Domini 1429, sub ductura reve- tionem memoriae suae, reverendo patre
rendissimipatrisdomini Henrici(Beau- domino Richardo Flemyng, Lincoln,
fort), tituli sancti Eusebii, Presbyteri episcopo moderno praemissa exequente,
CardinalisAngliaedictiWinton: in par- anno Domini 1428. Provinciale, p.
tibus Germanise, Hungariae, et Bohemias 284.]

JOHNSON. H h

466 ARUNDEI/S CONSTITUTIONS [A.D. 1408.

could have stopped the progress of his doctrine but so severe a statute
made in the second year of this king's reign, and a violent execution of
it. Archbishop Sudbury endeavoured once and again to have Wicklif
solemnly condemned as a heretic by the bishops ; for which end he
caused them to be assembled ; but his design was defeated, and the as
semblies broke up in confusion ; so that he was forced to be satisfied with
a condemnation of his doctrines, and a process against some of his fol
lowers. Pope Gregory XI. condemned his opinions, and cited him to
appear at Rome ; but neither he nor his agents here in England could
ever get him into their clutches ; so that he died in peace rector of Lut-
terworth in Leicestershire, A. D. 1387. But now the popish prelates having
reduced Oxford, and being fortified with a statute which made heresy a
capital crime, proceed against him after his death, with a zeal agreeable
to their principles. The encomium given by the university of Oxford to
Wicklif at the end of the works of John Huss, and the aifirmation that he
had never been condemned by the bishops, must be mis-dated ; 1406 is too
late for such a representation *.

* Sub discretione laudabili, Lat. ; that is, says Lyndwood, that the names
of the twelve persons should be reported to the archbishop before they
were finally chosen, and he consent to their being elected ; and that dis
cretion is laudable, as he adds, which makes no unreasonable exceptions in
case that the persons were well qualified f.

' Printing was an art not yet practised in England. If Wicklifs books
could have been dispersed in as great numbers, and with as much expedi
tion as other books since this art has been in use here, it is probable he
himself by this means had lived to see a public legal reformation.

[7. w.] 6. The translation of the text of Holy Scripture out of one
[Lynd., tongue into another is a dangerous thing, as blessed Hierome
testifies, because it is not easy to make the sense in all re
spects the same ; as the same blessed Hierome confesses that
he made frequent mistakes in this business, b although he was
inspired : therefore we enact and ordain that no one hence
forth do by his own authority translate any text of Holy
Scripture into the English tongue or any other cby way of
book or treatise. Nor let any such book or treatise now
lately composed in the time of John Wicklif aforesaid, or
since, or hereafter to be composed, be read in whole or in
part, in public or in private, under pain of the greater ex
communication, till that translation have been approved by
the diocesan of the place, or if occasion shall require, by a

* [Johannis Hus Hist, et Mon. pars Wycliff, A.D. 1406. Ex MS. Cott
ii. ult. pag. ed. Noriberg. 1558 ; cf. Li- Faust. C. 7. Wilkins, vol. iii. p. 302.]
teree testimoniales universitatis Oxon. f [Provinciale, p. 285, gl. Discre-
in favor em doctrines et vitce Johannis time laudabili.]

A.D. 1408.]

AGAINST LOLLARDS.

467

provincial council. Let him that transgresseth be punished
as a fautor of heresy and error *.

* [The following is Lyndwood's text
of the above constitution, with the more
important of his glosses upon it :

Periculosa res est, testante Beato
Hieronymo, textum Sacrae Scripturae
de uno in aliud idioma transferre, eo
quod in ipsis translationibus non de
facili idem sensus in omnibus retine-
tur, prout idem Beatus Hieronymus,
ctsi inspiratus fuisset, se in hoc saspius
fatetur errasse. Statuimus igitur et
ordinamus, ut nemo deinceps textum
aliquem Sacrae Scripturae auctoritate
sua in linguam Anglicanam vel aliam
transferal per viam libri vel libelli, aut
tractatus, nee legatur aliquis hujusmodi
liber, libellus, aut traclalus jam novi-
ler tempore dicti Johannis Wickliff,
sive citra compositus, aut in poste-
rum componendus in parte vel in toto,
publice vel occulte sub poana majoris
excommunicationis, quousque per loci
dicecesanum, seu si res exegerit, per
concilium provinciale ipsa translatio
fuerit approbata. Qui vero conlra hoc
feceril, ul faulor haereseos el erroris
similiter puniatur.

Periculosa. Ista constitulio est ejus-
dem cujus et praecedens, et habet qua-
tuor dicta. In primo ponit causam
motivam sui statuti. In secundo ibi,
Statuimus, statuendo prohibet Scriptu-
ram Sacram transferri in linguam
Anglicanam, vel aliam, auclorilale pro-
pria ipsius Iransferentis. In tertio ibi,
Nee legatur, prohibet usum sive lec-
turam certorum librorum translatorum.
In quarlo ibi, Qui contra fecerit, adjicil
decrelum punibile praemissorum.

Beato Hieronymo textum. Textus est
liber Doctorum conlinens Iraclalum
sine literae vel sententiae expositione.
Vel textus est ipse tractalus libri sine
exposilione literae vel sententiae, se-
cundum Januen.

Sacra Scripture. Id est, Bibliorum,
quae continenl Velus et Novum Testa-
menlum. 9. dist. si quis nesciat.

Idioma. i. e. Proprietatem loquendi.

Auctoritate sua. i. e. judicio suo. Se-
cus si aucloritale Episcopi, ut putet
infra, e. ver. nee legatur.

Libri. Sc. de novo compilandi, ut
patet infra, ver. sequen. Secus si hoc
fiat per modum sermonis publici, ex-
ponendo texlum in lingua vulgari. Et
quod dicit, per viam libri intelligere
potes sic, videlicet, ut inde conficiat

lihrum continentem tota Biblia. Ap-
pellatione namque libri simpliciter
sumpti continetur liber completus et
integer, et non secundum partes nu
merates, prout ssepius unum volumen
dividitur in plures libros, ut patet in
Bibliis. Ad quod facit /. de leg. 3.
1. librorum. vel potes intelligere sic, ut
scil. unum Hbrum particularem textus
Bibliorum transferal. Nam talis parti-
cularis translatio poterit dici libellus,
ut sequitur.

Aut Tractatus. Sic videlicet, quod de
dictis Doctorum, vel propriis, aliquem
tractatum componat applicando textum
Sacrse Scriptura?, et illius sensum
transferendo in Anglicum, vel aliud
idioma. Et eodem modo potest in-
telligi, quod dicit de libro sive libello,
ut scil. textum Sacrae Scripturae in tali
libro vel libello applicet, et textum
ipsum transferal in aliud idioma.

Hujusmodi liber. Scil. translatus de
textu Sacrae Scripturae.

Noviter. Sume quod est infra, com
positus. Et ex hoc quod dicit, noviter
compositus, apparet, quod libros, libel-
los, vel tractatus, in Anglicis vel alio
idiomate prius translates de textu Scrip
turae legere non est prohibitum. concor.
supra eo. c. proxi. § 1.

Excommunicationis poena. Scilicet fe-
renda, et sic comminatio est.

Dicecesanum. Non igitur potest hoc
fieri per inferiorem, nisi de ipsius
mandate.

Res exegerit. Quia forsan materiae
in tali libro, libello, vel tractatu con-
tenta requirunt altiorem indaginem, et
plurium sapientium investigationem.
Vel quia concernunt Fidem,vel Eccle-
siam Universalem, et ipsius regimen,
et alia hujusmodi.

Concilium Provinciale. Quod singulis
annis semel ad minus debet celebrari.
Extra, de accus. c. sicut olim.

Approbata. Ratio est, quia licet nu-
dus textus Scripturae fuerit translatus,
potest tamen transferens in translatione
errare. Vel si librum, libellum, aut
tractatum compilaverit, potest, ut fre
quenter accidit, cum veris falsa et
erronea admiscere.

Erroris. Quia praestat occasionem
alios inducendi in errorem, qui ex talis
libri, libelli vel tractatus lectura infi-
cerentur. Lyndwood, Provinciale, p.
286.]

468 ARUNDEL^S CONSTITUTIONS [A. D. 1408.

b Lat., etsi inspiratusfuisset, se in hoc scepius fatetur errasse. This and
the following obscurity seem to be affected : all three copies agree in both
places ; and this constitution is plainly of a piece with all the other pro
visions made by the Romanists on this head. They boast that the trans
lation of scripture is not forbidden, nor the use of it, by any absolute law
or precept of their Church. But the artifices and evasions used by the
ruling part of that Church do as effectually keep the Bible from the eyes
of the people, as a thousand prohibitive laws or canons could do it.

0 Textwn aliquem Sacrce Scripturce per viam libri, libelli, aut

tractatus, Lat. ; "any text" may signify either the Hebrew, Greek, or Latin
text, and then it signifies the whole Bible. Text may denote only some
particular verse or verses of the Bible. Book may denote the whole Old
and New Testament, as Lyndwood observes, or it may import some one
book of either. But treatise, as the same Lyndwood suggests, properly
signifies a work wherein Scripture is applied to some sayings of the doctors,
or of one's own : so that this net seems to be made for the catching or let
ting go whomsoever and whatsoever they pleased.

[8. w.] 7. Since the determiner of all things cannot be concluded
[Lynd., by philosophical terms, or human inventions, and blessed
Augustin does frequently revoke true conclusions which were
offensive to pious ears, we ordain, and with an obtestation of
the divine judgment, we in a very special manner forbid any
man of what degree, estate, or condition soever he be, to
assert or propose any conclusions or propositions that carry
a sound contrary to the catholic faith, or good manners,
(saving the necessary doctrines of his faculty,) in disputing
in the schools, or out of them, or in conversation, with or
without a protestation ; even though they may be defended
by subtility of words : for, as blessed Hugo says, what is
well said is often not well understood. But if any one after
the publication of these presents shall be convicted knowingly
to have proposed or asserted such conclusions or proposi
tions, unless upon admonition he reform himself, by the au
thority of this present constitution let him incur the sentence
of the greater excommunication ipso facto, and be publicly
denounced excommunicate, till he publicly confess his offence
in the place where he made such propositions or assertions,
and have publicly preached the true catholic meaning of the
said conclusion or proposition, at the discretion of the or
dinary, in one or divers churches, as shall seem expedient to
the ordinary.

[Lymi?, 8> Let no one presume to dispute of things determined by

p. 207.]

A. D. 1408.] AGAINST LOLLARDS. 469

the Church (as they are contained in the decrees, decretals,
or provincial constitutions, and the synodal [constitutions]
of places) either publicly, or privately; unless it be in order
to get the true meaning of them; nor call in question the
authority of the said decrees, decretals, or d constitutions, or
the authority of ehim that made them; or preach contrary
to their determination, especially concerning the adora
tion of the glorious cross, the veneration of the images of
saints, or pilgrimages to their places and relics; or against
making oaths in the usual cases and manner in both courts,
viz., ecclesiastical and temporal. But let all henceforth preach
up the veneration of the cross, and of the image of the cru
cifix, and other images of saints in memory and honour of
them whom they resemble, and their places, and relics, with
processions, genuflexions, bowings, incensings, kissings, obla
tions, pilgrimages, illuminations, and all other modes and
forms whatsoever used in the times of us and our prede
cessors; and the making of oaths in a lawful manner, by
touching God's holy gospels, and upon the same in cases ex
pressed in the law, and used in both courts by all who are
concerned. Let him that asserts, teaches, preaches, or per
tinaciously intimates the contrary incur the penalties of
heresy, and of a relapse into the consequences of it, and
be sentenced to such, as to all effects of the law, unless he
do penance in mariner and form elsewhere by us appointed,
and abjure as it is there provided.

d Lynd wood's text at present adds "provincial;" but his own text seems
to have had no such word. For his gloss on the word Constitutionum is
sive provincialium, sive synodaliwn *.

• This constitution here fairly owns that all constitutions, decretals, or
decrees, are made by the authority of one man, viz., diocesan constitutions
by the bishop, provincial constitutions by the archbishop, decretals and
decrees by the pope ; so that the priests in the diocese, the suffragan
bishops in the province, the cardinals in the conclave, were only ap-
plauders.

9. We ordain and decree that none be admitted to cele- [10. w.]
brate as chaplain in any diocese of our province of Canter- [Lynd->
bury, who was not born for ordained there, unless he bring
with him the letters of his gorders, and the commendatory

* [Provinciate, p. 298.]

470 ARUNDEL'S CONSTITUTIONS [A. D. 1408.

letters of his h diocesan, and also of other bishops in whose
dioceses he has any length of time stayed : which letters we
will and command to be cautious and express in regard to
the manners and conversation of the person ; and whether
he have been defamed for and concerning the new opinions
which have an ill aspect on the Catholic faith and good man
ners, or whether he be wholly clear as to these points. Let
him that celebrates, and he that permits it without such
letters, be sharply punished.

* Though he was born, yet if he was not ordained in the diocese, Lynd-
wood says, the constitution takes hold of him ; and though he was both
born and ordained there, yet if he have been long in another diocese, he
ought to have a certificate of his behaviour*.

6 Not only of his priesthood, but of his inferior orders, says Lyndwoodf .
If so, the secretaries of those bishops who detain the letters of deacons'
orders from such as are ordained priests, are much to blame.

h Or of any person who has the privilege of giving such letters, viz., the
chancellor of either university. LyndwoodJ.

[11. W.] 10. New and unusual emergencies require new and mature
p. 299.] applications ; and the greater the danger the more caution
and opposition is necessary. What is less valuable should
be discreetly pruned off for the improvement of what is truly
noble. ' Considering and lamenting how our almous univer
sity of Oxford, which like a thriving vine used to spread her
branches to the honour of God and the advancement and
protection of His Church, is in part degenerated and brings
forth sour grapes, by eating whereof many of her sons, being
too well conceited of their knowledge in the law of God,
have set their teeth on edge, and our province is infected
with new unprofitable doctrines, and blemished with the
new damnable brand of Lollardy, to the great scandal of
the university itself, reaching to remote foreign parts, and
to the exceeding regret of those who study there ; and to
the seemingly irreparable damage of the Church of Eng
land, (which used to be defended by her virtue and learn
ing, as with an impregnable wall, but whose stones are now
squandered,) unless speedy remedy be used§: therefore upon

* [ Provincial, p. 48, gl. Nonfuerit. % [Ibid., p. 49, gl. Episcoporum.]

+PflV/-l Sui dicecesani'^ '§ [Considerantes igitur, sed dolen-

ter referentes, quomodo alma1 univer-

A. D. 1408.] AGAINST LOLLARDS. 471

the petition of the proctors of the whole clergy of the pro
vince of Canterbury, and with the consent and assent of all
our brethren and suffragans, and the other prelates that are
present in this convocation of the clergy, and of the proxies
of the absent, (lest the fountain head being polluted the
stream be made impure, even after the cleaning of the river ;)
we desiring to make wholesome provisions for the honour and
utility of holy mother Church, and of the university afore
said, do enact and ordain that every warden, provost, and
rector of a college, and the principal of every hall or inn of
the said university, do once at least in every month make
enquiry with diligence in the college, hall or inn, over which
he presides, whether any scholar or inhabitant thereof have
asserted, held, defended, or in any wise proposed any conclu
sion or proposition that carries a sound contrary to the Ca
tholic faith or good manners, against the determination of
the Church, though it were no necessary doctrine of his
faculty : and if he find any one suspected or defamed in this
respect, let him admonish him effectually to desist ; and if
he do after this admonition again advance the same, or like
[tenets], let him incur the sentence of the greater excom
munication ipso facto, beside other punishments appointed
by us. And yet, if he who do this be a scholar, let nothing
that he does thenceforward in the said university, be taken
as done in due form1: and if he be a doctor, master or bache
lor, let him be thereupon suspended from all scholastic acts,
and let him in both cases ipso facto lose all right that he has
in the college, hall or inn, and let him be actually expelled
by the wardens, rectors, provosts, principals, or others whom
it concerns, and let a catholic forthwith be legally substituted

sitas Oxon. quse, sicut vitis abundans ad partes exteras et remotas extensum,

suos palmites fructuosos, ad honorem et proficiscentiuma in eadem permaxi-

Dei, multiplicemque profectum, et mum tsedium, necnon et ecclesiae An-

protectionem ecclesia? suse consuevit glicanse, quae per virtuosam doctrinam

extendere, jam partim versa in labrus- ejusdem, tanquam muro inexpugna-

cas, uvas acerbas gignit, quibus indis- bili defendi solebat, jam scissis et di-

crete comestis a patribus, in lege vide- visis lapidibus, nisi celerius occurra-

licet Dei reputantibus se peritos, dentes tur, secundum verisimile, irrecuperabile

obstupescunt filiorum, nostraque pro- damnum. W.

vincia variis et infructuosis doctrinis 1 mater E. MS. addit. Wilkins, vol.

inficitur, ac novo et damnabili Lol- iii. p. 318. note w.

lardise nomine maculatur, in ipsius 2 proficientium, MSS. ibid, note y.

universitatis scandalum non modicum, So Lyndwood, Provinciale, p. 300.]

472 ARUNDEI/S CONSTITUTIONS [A. D. 1408.

in his place. And if the wardens, provosts, rectors of col
leges, or principals of halls or inns, where such suspected,
detected or defamed persons are, be negligent in their en
quiries or execution of the premisses, for ten days next fol
lowing the kreal or presumed publication of these presents,
let them ipso facto incur the sentence of the greater excom
munication ; and yet let them be ipso facto deprived of all
right which they pretend to have in those colleges, halls or
inns; arid let the colleges, halls and inns, be effectually void;
and after a lawful declaration made thereof by such as are
concerned to do it, let new wardens, rectors, provosts or prin
cipals be substituted according to the ancient custom of the
said university. But if the wardens, rectors, provosts or prin
cipals themselves are suspected, defamed or detected, for and
concerning such conclusions or propositions, or as defenders,
maintainers or fautors of them, if upon an admonition from
us, or by our authority, or by the Ordinary of the place, they
do not desist, let them be deprived in law from that time for
ward of all scholastic privileges of the university aforesaid,
and of the right which they had in the said college, hall or
inn, beside other punishments above-mentioned, and farther
[12. w.] incur the sentence of the greater excommunication. And if
^302 ] any man ras^y an(* pertinaciously presume to violate these
our statutes in any case mentioned in this constitution, in
the last, or in any other above expressed, although some
other punishment be there expressly assigned, let him there
upon be made wholly incapable from that time forward of
obtaining any ecclesiastical benefice in our province of Can
terbury for three years, without any hope of pardon; and
yet be canonically punished at the discretion of his superior,
in proportion to his demerits, and according to the quality
[13. w.] of his excess: further, lest we should leave any thing at un-
p.L302.] certainties, we observe that in several mlaws some parity be
tween the crime of heresy and lese-majesty is mentioned,
and yet that the guilt is unequal; and the offending the
Divine majesty requires a severer punishment than offend
ing human majesty ; since therefore he who is guilty of lese-
majesty may be convicted by informations, and be proceeded
against in a summary unformal manner, (because of the dan
ger of delay,) and by first sending a citation by letters, by a

A. D. 1408.] AGAINST LOLLARDS. 473

messenger, by edict, and without a n lifts contestatio, to the
hearing of witness, and to a definitive sentence : we will,
ordain and declare, that for the more easy punishment of
offenders in the premisses, and for the making up the breach
of the Church, that hath been injured by this means, such
as are defamed, detected, denounced or vehemently suspected
in any of the aforesaid cases, or in any other article that car
ries a sound contrary to Catholic faith or good manners, be
personally cited by authority of the ordinary of the place or
other superior, by letters, or by a sworn messenger, if they
can be caught; but if not, then by an edict at the place
where the offender hath an house in which he commonly
dwells, and published in the parish church, if he have a place
of habitation, if not, in the cathedral church of the place of
his birth, and in the parish church of the place where he so
preached and taught; and when a lawful certificate is re
ceived of the summons having been executed, let them pro
ceed against the party thus cited, though he be absent and
neglect to appear, (° with out noise and forms of judicature, or
a contestatio litis, upon the hearing of p evidence and other
canonical proofs,) as a punishment for his contumacy. Let
the same ordinary, upon lawful information received, with
out delay, sentence, declare and punish him according to
the quality of his offence, in manner and form before ex
pressed, and further do justice upon the contumacious not
withstanding his absence*.

1 In order to qualify him for a degree.

k Lyndwood takes the real publication to imply the parties being pre
sent at the time of doing it ; the presumed to denote its being generally
known to have been published, though two or three may pretend igno
rance : and this ignorance well proved excused the offenders for two
months after such publication f.

1 In this case the chancellor of the university is an ordinary. Lynd
wood J.

m This is to be understood of the imperial civil-law.

n This is a term which in the canon-law signifies actually opening the
cause before the judge, after citation and return of it, and constituting a
proctor, and bringing in the libel or declaration.

* [Johnson omits, Datse Oxonii. Prasumpt<e.~]

S. W. See above, p. 457. note *.] J [Ibid., p. 302, gl. Ordinarium

f [ Provincial e, p. 301, gl. Vera.— loci.]

474 ARUNDEL'S CONSTITUTIONS [A.D. 1408.

0 This summary way of proceeding against heretics was thought a great
grievance, not only because the formal way was most dilatory, but because
the defendant had not the advantage of such slips and mistakes as are
often made by judges, advocates or proctors, in a long process.

p Another grievance justly complained of in case of heresy was, that
any person, though excommunicate, infamous, and though he was himself
guilty of heresy, might be witness in this case ; nay, he that had deposed
against a suspected person could not null his evidence by his own de
claring himself forsworn in what he had deposed : but if a witness had
deposed in favour of a suspected party, and afterwards swore the con
trary, the last oath stood, not the first : only personal malice was an
allowed exception against a witness in this case. Lyndwood *. This con
stitution and these glosses are a sufficient proof of the inexcusable fury of
the papists against all that differed from them.

[Sir H. q Thomas, by divine permission, archbishop of Canterbury,

voieliTa"' primate of all England, and legate of the apostolical see, to
p. 668. our venerable brother, lord Richard, bishop of London,
apyp!, p 68. nea^h, and brotherly charity in the Lord. Whereas in our
Wilkins, provincial council lately celebrated at Oxford, we did with
p. 320f.] the advice and consent of you and our other venerable
brethren and suffragans, at the instant petition of our whole
clergy of the province of Canterbury, make certain provincial
constitutions against the evangelical detractors who endea
vour to sow tares in the Lord's field, that is, the Church
militant, and did afterwards repeat the publication of them
in our last convocations celebrated in the church of St. Paul's,
London, before you and our venerable brethren, and clergy,
in due form, as we believe you cannot be ignorant ; we far
ther considering that laws are made in vain unless they be
duly executed, [send you] the said constitutions annexed
to these presents enclosed under our seal, commanding you
(lest any one might plead ignorance) that ye transmit copies
of these constitutions under your seal, and letters (which are
to contain a copy of these) to every venerable our brother
and suffragan of our said province, and enjoin them by our
authority (as we do by these presents) that they do every
one publish, or cause to be published in due canonical man
ner, the said constitutions in every of their cities and dio
ceses, as it concerns them to do in their synods and chapters

* [Cf. Provinciale, p. 302, gl. Re- publicandum constituticnes pradictas in
ceptionem.] concilia Londinensi facias. Ex reg.

[ Commissio episcopo London, ad Arundel 11. fol. 12, b."]

A. D. 1408.] AGAINST LOLLARDS, 475

according to canonical and provincial constitutions in this
respect made; and do ye, our venerable brother, execute
the same in like manner in your cities and diocese as it con
cerns you to do ; and by your letters patent (containing a
copy of these) duly certify us of the day when ye received
these presents, and of the manner and form of your execut^
ing them, and what ye have done in the premisses before
the feast of St. John Baptist next coming ; and firmly enjoin
our venerable brethren by our authority, that every one of
them do make a like certificate to us in due and distinct
manner before the feast aforesaid. Dated in our castle of
Queenburg, 13th day of April, in the year of our Lord 1409,
and of our consecration the 14th*.

q The following letter is only in the Oxford copyf.

* [et nostras translationis anno ter- vinciale, but in the appendix to the
tiodecimo. S. W.] edition, Oxon. 1679.]

f [That is, not in Lyndwopd's Pro-

A.D. MCCCCXV.

ARCHBISHOP CHICHLEY'S CONSTITUTIONS.

LATIN. THE constitution of the venerable father in Christ, Henry
p. 103.] Chichley, archbishop of Canterbury, published from Otte-
Sir H. ford, A.D. 1415, in the third year of Henry V., the mag-
vol. H. ' nanimous king of England, the apostolical see being then
[Lynd. vacant by the deposition of John XXII. alias XXIII.
app.,p.68. 1. Henry, by divine permission, archbishop of Canterbury,
vol. Hi. ' primate of all England, and legate of the apostolical see, to
P. 376.] our venerable brother the lord Richard, bishop of London,
health and brotherly charity in the Lord. The Lord of in
effable might, whose highness is unbounded, governs all
things in heaven and earth with right judgment ; and
though He bestows honours and blessings to all His minis
ters in heaven ; yet He favours some of the inhabitants of
the several countries of Christendom with peculiar praises
and rewards, such as He hath intended for special patrons
and intercessors; that so the devotion of the people under
such a patron and intercessor, established by the constant
mercy of God, may be more big with the praises of them.
Upon consideration of this, the faithful people of England,
though bound duly to praise God in all His saints, yet espe
cially to extol and sound forth praises, and venerate Him
with peculiar honours in His most glorious martyr the
blessed George, the special patron and protector of the
nation, as the speech of the world and the experience of
grace from above (the best interpreter of all things) do
attest. For by his intervention not only the English army
is protected against the assaults of enemies in time of war ;
but the host of the clergy is corroborated in their peaceable

A.D. 1415.] CHICHLEY'S CONSTITUTIONS. 477

fight under the suffrage of so great a patron, as we un
doubtedly believe. We therefore desiring that the praises
of God in His saints may be amplified, excited by the
admonitions of the king and the people of the kingdom,
and by the advice of our brethren, and of the clergy of our
province, and supported by the decree of our provincial
council, imitating the devotion of the holy fathers towards
God's saints, do will, ordain, and charge, with the express
consent of our brethren and clergy, that the feast of blessed
George the martyr be celebrated solemnly every year for the
time to come for ever, in the manner, and with the office of
a double feast, both by the clergy and people of our province
of Canterbury in all churches of the same. And we charge
that there be a cessation from all servile work on the said
feast in all the cities and places of our province, as on the
feast of the Nativity of our Lord ; that the faithful people
may assemble in greater numbers, praise God, and more
devoutly implore the patronage of this saint and of all the
blessed, and more fervently pray for the safety of the king
and kingdom.

Farther, by authority of the said council we decree, and
do also ordain by these presents, that the feasts of Saints
David and Chad, bishops, and of Wenefred the virgin be
perpetually celebrated for the future through our whole pro
vince of Canterbury at their proper seasons, viz., St. David
on the first, St. Chad on the second day of March, Wene
fred on the third day of November, with a a regimen of the
choir and nine lessons. And we command and firmly en
join you our brother by the tenor of these presents, that ye
solemnly celebrate the feasts aforesaid every year for the
future in the solemn manner before mentioned, and cause
the same to be done in your city and diocese both by clergy
and laity. And we will and command that ye do by authority
of us and the said council, command and enjoin our fellow
bishops, and suffragans of our church of Canterbury, whom
we in like manner do command and enjoin, that every one
of them do cause the said feasts every year perpetually for
the future to be solemnly celebrated in manner aforesaid by
the clergy and laity in their cities and dioceses. And do
ye distinctly certify us by your letters containing a copy of

478 CHICHLEY'S CONSTITUTIONS. [A.D. HIS.

these, signed with your seal, before the feast of the Purifi
cation of the blessed Virgin Mary next to come*, of what ye
have done in the premisses, and how, and in what manner
ye have executed this present mandate. And do ye com
mand every one of our brethren aforesaid, that they do not
neglect particularly in like manner to certify us, so far as
this mandate concerns their cities and dioceses, before the
feast of Easter next coming ; under such penalty as ought
to be inflicted on you and them, if ye do otherwise. Dated
in our manor of Otteford the 4th day of January, in the
year of our Lord 1415, and of our translation the second.
Oxford edit., p. 69.

* I take the regimen of the choir to have consisted in the greater exact
ness and artfulness of the music, and the festival habits of them who pre
sided in it.

[Lynd., p. 2. Whereas the Church suffers great scandal, and ecclesi-
J2<39 ApP ' astical censure and authority grows cheap from that pre-
Wilkins, sumption, which bmarried and c bigamous clergymen, and

vol. in. .,, „ . . . , . . , .

p. 370 f.] even d laymen are guilty of in exercising ecclesiastical juris
diction, and in trying, punishing, correcting and decreeing
letters of excommunication for crimes and excesses belonging
to the cognizance of the Church, sometimes in their own
name, sometimes under the cover of another man's name;
and in being scribes, or registers, and keepers of registries
in businesses concerning such corrections. We therefore
desiring to oppose such scandals, and to provide for the
honour of the Church in imitation of the ancient canons,
do ordain and enact by authority of this present council,
that no married or bigamous clerk nor layman do for the
future exercise any spiritual jurisdiction whatsoever under
any pretence, either in his own name, or in any other's;
nor be scribe, register, or keeper of a registry in any wise
in causes of correction, or when the judge proceeds to the
correction of the soul, or eeos officio: and that whatever or
dinary inferior to a bishop, or whoever having ecclesiasti-

* [citra festum B. Matthiae apostoli els conjvgatis, cum episcopi Exon. cer-

prox. futur. W. Johnson's translation tificatorio de executions ejusdem. Ex

agrees with Spelman and Lynd. app.] reg. Exon. Stafford, A. fol. 205."]

f [" Constitutio provincialis de cleri-

A. D. 1415.] CHICHLEY'S CONSTITUTIONS. 479

cal jurisdiction presumes to receive a married, or fbigamous
clerk, or any layman into the said [offices], or any of them,
or knowingly to tolerate or retain them in such office of
jurisdiction ; or that does not remove such an one, whether
already admitted or hereafter to be admitted, within the
space of two months after the publication of this consti
tution; let him incur the penalty of suspension from the
exercise of such jurisdiction, and from entrance into the
church ipso facto. And farther, let the citations, processes,
sentences, and all acts whatsoever, had or done in the pre
misses or any of them in the manner aforesaid by the said
married or bigamous clerks or laymen, be null and void in
law. And let the said married, bigamous clerks or laymen
that thrust themselves into the aforesaid [offices] or any of
them, contrary to the prohibition of the present council, incur
the sentence of the greater excommunication ipso facto.

b A married clerk was in all respects reputed as a layman, saving that
if he kept his habit and tonsure, he could be convened according to the
canon law before no secular judge ; and if any one laid violent hands on
him, he was excommunicated ipso facto, and none could absolve him but
the pope.

c Not only the clerk who had successively married two wives and laid
with them, but he who had married a widow, or one betrothed to another,
or divorced by a former husband, or dismissed on account of affinity or
consanguinity, or that was corrupted by another before marriage, or who
lay with his own adulterous wife, was interpretatively a bigamous by the
canon law. But this law does expressly allow a dispensation to be granted
to him, that being a priest had successively had two concubines : for this
is only simple fornication, and no irregularity is thereby incurred, so says
Innocent III. in his decretal A.D. 1213 ; Decretal. Greg. IX., lib. i. tit. 21.
c. 6. God deliver us from such laws.

d It is evident that popish prelates did introduce this practice of
granting ecclesiastical jurisdiction to laymen. They had many decrees
and canons against it, but to no purpose, especially because the pope was
allowed to have the power of dispensing in this. Gregory I. commissioned
his subdeacon to exercise all manner of ecclesiastical jurisdiction. Many
abbots who in virtue of their places had ecclesiastical jurisdiction, were
not in orders, however not priests or deacons. Archdeacons, though they
were not priests, yet were acknowledged to have the power of excommu
nication, if it had been exercised by their predecessors. Our reformers
thought that if laymen were capable of this jurisdiction by virtue of a
pope's dispensation, they were capable of it without any such dispensa
tion ; for the pope's will could not alter the nature of things : so this de-

480 CHICHLEY'S CONSTITUTIONS. [A. D. 1415.

viation from primitive order was established, but the occasion of all, was
the bishop's grasping a civil jurisdiction together with his temporal : and
when he found he was not sufficient for both, delegating them to others.

e The judge proceeds ex officio, when he cites any one without any in
stance or demand made by others.

* Bigamus comes after laicus, both in Lyndwood's present text and in
the Oxford copy, by an evident mistake of the transcribers,

A.D. MCCCCXVI.

PREFACE. ARCHBISHOP CHICHLEY'S CONSTITUTIONS.

THIS year Archbishop Chichley held a convocation in
London, as he did also the year foregoing. But it is foreign
to my design to give my reader the account of his choosing
according to ancient custom four bishops as representatives
for the council of Constance in the former, and of his consti
tution in favour of the graduates of the universities in the
latter : much less will the reader expect from me the history
of the universities defeating this design of the archbishop in
preferring men according to their academical degrees, on
account of the discouragement it gave to those that were
the majority, that is, the inferior graduates, by reserving the
best benefices that were in the gift of ecclesiastics to those
that were doctors in some one of the three faculties. Nay I
shall omit his constitution made in this same convocation for
the regulating the probate of wills and administrations, as
not so agreeable to my present scheme, though I have in
deed inserted such constitutions, when I found them inter
mixed with other properly ecclesiastical constitutions. But
this archbishop made a new precedent in this respect : for
he issued two mandates for the publishing these two con
stitutions severally; though both mandates bore the same
date, and I wish ecclesiastical and civil matters had always
been kept at a greater distance from each other. But the
following constitution against heresy challenges its proper
place in this collection.

i i

A.D. MCCCCXVI.

ARCHBISHOP CHICHLEY'S CONSTITUTIONS.

LATIN. 1. HENRY, &c., to our venerable brother Richard, by the
Speim'an, grace of God bishop of London, health, &c. We remember
vol. ii. that the constitution underwritten was made by us in the
[ Wiikins, last convocation, of late celebrated in the church of St. Paul's,
V°37ii* London, with the consent of us and our brethren, and the
clergy of our province. Whereas the taking of heretics, who
like foxes sculk in the Lord's vineyard, ought to be our
principal care, that the dust of negligence may be shaken
off clean from the feet of ourselves and our brethren : we
ordain in this convocation of the prelates and clergy, that
every one of our suffragan brethren, and of the archdeacons
of our province of Canterbury, do by themselves, or their
officials and commissaries, diligently make enquiry in their
several jurisdictions in every rural deanery twice at least
every year, after persons suspected of heresy, and cause
athree or more men of good report in every deanery and
parish in which heretics are said to dwell, to swear on
God's holy Gospels, that if they know any heretics who
keep private conventicles, or differ in their life and manners
from the generality of the faithful, or who maintain heresies
or errors, or have suspected books written in the vulgar
English tongue, or that entertain persons suspected of here
sies or errors, or that favour such, to dwell or converse, or
resort in or to such places, they will inform against and dis
cover in writing, so soon as conveniently they can, those
persons with all such circumstances upon which they are
suspected, to our said suffragans, archdeacons, or their com
missaries. And let those archdeacons, and every commissary
secretly transmit under their seals the names of the persons
so informed against, with the circumstances, to the diocesans

* [" Constitutio dom.Henrici Chiche- ticos, edita 1 Julii, A.D. MCCCCXVI. Ex
ley, Cantuar. Archiepiscopi, contra hare- reg. Chicheley, vol. ii. fol. 5. a."]

A.D. 1416.] CHICHLEY'S CONSTITUTIONS. 483

of the places, And let those diocesans make lawful process
against them with effect; and decree, define, and execute
effectually as the nature of the thing requires. And if any
persons be convicted, whom they do not deliver to the secular
court b, let them in good earnest commit them to perpetual,
or temporary imprisonment (as the nature of the thing shall
require) at least till the next convocation of the prelates and
clergy of the province of Canterbury, and cause them so to
be kept, according as the law requires. And let them take
care to certify us and our successors in the next convocation
of the prelates and clergy, in public form, distinctly and
plainly concerning all and singular the points aforesaid,
viz., what enquiries they have made, what discoveries, how
they managed the process, and imprisoned the convicts, con
cerning the diligence or negligence of the archdeacons and
commissaries aforesaid, and all and singular the circum
stances concerning the premisses, and especially of the abju
rations, if it happen that any in the mean time do abjure
their heresies : and let them deliver the said processes effec
tually to the c official of our court of Canterbury, to remain in
his custody, or in the registry of our court of Canterbury, in
such a manner that every one concerned farther to prose
cute such processes may have effectual recourse to the said
official. We therefore command you, that you cause the
aforesaid constitution to be published at proper places and
times throughout your city and diocese, that you observe
the same in all respects, and cause it so to be observed by
others. Farther do ye command all and singular our bre
thren and suffragans, that they cause it to be published
throughout their cities and dioceses ; that they observe, and
cause it effectually to be observed by others in like manner.
And do ye duly certify us by your letters patent signed
with your seal, and containing a copy of these presents, of
what ye have done in the premisses before the feast of
dSt. Peter ad vincula next coming. Dated in our Inn at
London, on the first day of July in the year of our Lord
1416, and of our translation the third. Sir H. Spelman, vol.
ii. p. 673.

* From the time that the repairs of the churches and the ornaments
thereof were laid as a charge on the parishioners, and this charge was de-

484 CHICIILEY'S CONSTITUTIONS. [A. D. HK>.

frayed in part by the bequests of devout people, in part by assessments or
levies, it was absolutely necessary that there should be settled officers or
certain men assigned to take care of those reparations and ornaments, and
to receive such bequests and levy such sums as were necessary for these
purposes. As we are sure that Church assessments were made in the be
ginning of the fourteenth century, (for which see Walter Reynold's sixth
constitution, 1322,) so we may be certain, that from that time forward
these officers were often obliged to make presentments of such as made
default in paying their Church rates ; and were, by other matters incident
to their office, more directly under the inspection of the ecclesiastical
court than other parishioners. And when the zeal of the prelates against
Lollardy prompted them to make more frequent and strict enquiry into
the behaviour of the people than formerly, they thought it necessary not
only to charge a certain number of men upon oath, as they had formerly
done in their synods and chapters, to discover such past scandals and
offences as they knew, but to have two or three in every parish sworn to
make discoveries of this sort for the time to come : but it is evident that
it was not a fixed rule that the churchwardens should perform this office
of giving information when this constitution was made ; yet it is reasonable
to suppose that the churchwardens were generally the settled presenters,
though these offices were not yet perfectly united. And some short time
before the Reformation they gradually became the same officers. They did
from their first beginning present, sometimes by themselves alone, some
times with other credible men joined with them, whom we call side-men,
or assistants. Of old churchwardens gave up their accounts on All-Souls'
day, but since the Reformation at Easter.

b In order to be burnt. See the stat. of the second Henry IV.*
0 Who is also dean of the arches, for these words are not meant of any
court holden at Canterbury, but the court of arches, as it is now called,
which has been fixed to London ever since the time of Robert Winchelsey,
archbishop. Lyndwood the glossator was himself this official at the time
of the making this constitution.

d This feast was always called by the English Lammas, by our Saxon
ancestors JMajr-maejje : the present name is only a corruption of this old
one ; and it was so called from the custom of offering a loaf made of the
new wheat of the present harvest in the church on this day. I know it
is said that a lamb was offered on this day in the cathedral of York, which
is dedicated to St. Peter. But I must have leave to suppose that this
custom grew up there after the English had forgotten the language
of their ancestors, and were misguided by the present sound of the word.
Durandus and others, call it Gula Petri. If this had been the name of
it in this island only, I should have supposed that it was so called, q. d.
the yule or feast of Peter : but it went by this title in the current Latin of
the eleventh and twelfth century : and the legend of the day tells us the
occasion of it, viz., that Balbina was cured of a disease in her throat, by
kissing the chain in which St. Peter had been bound at Rome ; and that

ToE2*?60' IV< C' 15' A'D- 140°-1. Statutes of the Realm, ed. 1810, vol. ii.
p. 120-8.J

A.D. 1416.]

485

Alexander the pope, by whose direction she used this remedy, did there
upon institute this holyday. This makes the feast to have been instituted
before the middle of the second century ; and is therefore utterly incre
dible.

2. Henry by divine permission archbishop of Canterbury, [Lynd.,
primate of all England and legate of the apostolical see, to sir H.'
our beloved Son in Christ the vicar general of the spiritual!- Spehnan,
ties of our venerable brother, lord Richard bishop of Lon- p. 673.
don, who is in remote parts, health, grace and benediction. ^nd- 7
The sacred name of the English Church (whom all the Wilkim,
world extols beyond the Churches of other countries and j
provinces for her devout veneration of -God and His saints)
deserves to abound and exult in praises and cheerful devo
tion toward them by whose patronage and miracles she
gladly feels herself to flourish, and by whose pious interces
sions the public interest not only of the Church^ but of the
whole kingdom is strenuously maintained by righteous gov
ernors in the sweet repose of peace, and with wished vic
tory over the enemies that make opposition from without.
For though decreed to give help to this Church of His, and
the kingdom of England's inhabitants on the account of the
merits of divers saints, with which she gloriously shines ; yet
He has of late more miraculously comforted them, as we sin
cerely trust, by the special prayers of the almificous confessor
and pontiff, His most blessed e John of Beverly [in behalf of]
the said Church, together with the great men of the king
dom, and all its inhabitants and members. Oh the ineffa
ble consolation of these our times especially, refreshing and
memorable to all ages ! that is, the gracious victory of the
most Christian prince Henry the Fifth, king of England, and
his army in the battle lately fought at Agincourt, in the
county of Picardy, which was granted to the English by the
immense mercy of God, to the praise of His name, and
the honour of the kingdom of England, on the feast of the
translation of the said saint. In which feast, during the
engagement of our countrymen with the French (as we and
our brethren heard in the last convocation, from the 8 true
report of many, and especially of the inhabitants of the said
country) holy oil flowed by drops like sweat out of his tomb,

* [" Statutum domini Henrici Chi- St. Johannis Beverlaci celebrando. Ex reg,
cheley, Cunluar. Archiepiscopi, pro festo II. Chicheley, fol. 8. 6."]

486 CHICHLEY'S CONSTITUTIONS. [A. D. HIG.

as an indication of the divine mercy toward his people, with
out doubt through the merits of the said most holy man.
Desiring therefore to dilate the worship of God in our pro
vince, especially for the elevating the praise of so great a
patron : we do, with the will, advice, and consent of our
brethren and clergy in the said convocation, as also at the
h special instance of our said most Christian prince, think fit
that the memory of the said most holy confessor be every
where throughout our province exalted with votive and de
vout affections; and do ordain with the advice and con
sent of our brethren and clergy, that the feast of the * depo
sition of the said saint, which is known to fall on the seventh
day of May, that is, on the morrow of k John Port Latin, he
celebrated for the future every where within our province, in
the manner of a l feast of one confessor and pontiff m falling
after Easter, with the regimen of the choir, according to the
use of the church of Sarurn, for ever. Farther, because on
the feast of the translation of the said saint, which yearly
happens on the twenty-fifth day of October, the service for
St. Crispin and Crispinian uses of old to be observed and
celebrated in all churches of our province, according to the
"use of the church of Sarum, lest the introduction of one
feast should prove the diminution of another, and that the
said martyrs also (on whose day, and by whose merits the
Lord from on high had decreed to look down on the Eng
lish nation with so gracious a regard) be at the same time
equally honoured together with the almificous confessor, we
enact, decree, and ordain that every year for the future, the
said twenty-fifth day of October, in memory of so notable a
deed, be every where throughout our province celebrated with
nine lessons, the three first whereof shall be the proper les
sons for Saints Crispin and Crispinian, the three middle ones
for the translation of St. John aforesaid ; and the three last
out of the ° exposition of the gospel for several martyrs, with
the service accustomed in such cases, according to the use of
Sarum. Our will therefore is, and we firmly command and
enjoin you duly to publish our said statute and ordinance
throughout the city and diocese of London, and cause the
said feasts yearly to be celebrated for the future : and com
mand all and singular our brethren and suffragans (whom
we also command by the tenor of these presents) that they

A. D. H16.] CHICHLEY'S CONSTITUTIONS. 487

do celebrate the said feasts in manner aforesaid, and cause
them to be so celebrated for the future throughout their
cities and dioceses. And do ye certify us by your letters
patent containing a copy of these presents, signed with the
seal of your office, of what you have done in the premisses
before the feast of the Purification of the blessed Virgin
Mary next to come. Dated in our manor of Otteford under
our seal ad causas, on the seventeenth day of December, in
the year of our Lord 1416, and of our translation the third.

e This was an old English Saxon saint, of whom Bede relates several
miracles, lib. v. c. 2—6. He was thirty-three years bishop of Hagul-
stade and York, the last but one of the eight who were mere diocesans of
that city, and had no pall. He mightily affected the monastic life, and
before his death, retired to his old cell at Depa-pube, since called Beverley,
where he died A.D. 721, but was buried at York.

f The day on which his body was removed from his grave at York to
his monastery at Beverley, in compliance with pretended revelations.

5 It is not to be wondered that the northern people were forward wit
nesses in a point which was like to turn to so good account. They knew
how good a market the monks and people of Canterbury had made
of Becket's bones ; and they were willing to have a saint of their own
product to stop this people from carrying their richest oblations so far
southward, and to invite men from all parts of the nation to pay their de
votion at Beverley. But it was no great honour to the English nation to
suppose that they could not beat the French without a kind of miracle.

h This plainly shews that kings before the Reformation did not order
holydays to be kept by their own authority : and that the convocation
did not undertake to compile a new office on account of the victory, but
to order the use of those before made.

1 Death.

k Joannes ante portam Latinam was on the sixth day of May, on which
day St. John's deliverance from the caldron of burning oil, into which
Domitian had cast him, was celebrated.

1 There are in the Breviary, Commune unius pontificis et confessoris,
Commune duorum confessorum, <&c.

m On every day between Low-Sunday and Ascension-Eve, a memory of
the resurrection was to be added to the service of the day, excepting on
the invention of the cross, May 3.

The reader will observe, that the authority of convocation was thought
necessary to order the new method of observing an old holyday of a
saint formerly canonized, when the observation was intended to oblige
the whole province. Lyndwood says these words, " with the consent of our
brethren and clergy," were not only proper, but necessary *.

" This is contrary to the canon law, which directs the service of the
whole province to be according to the metropolitan church, Distinct. 12.
* [Provinciale, p. 104, gl. Fratrum nostrorum consilio.]

488 CHICHLEY'S CONSTITUTIONS. [A. D. 1416.

But this was set aside by the long custom of this province, all of which
almost followed the use of Sarum : for the bishop of Sarum is precentor
in the college of bishops. And when the archbishop of Canterbury cele
brated mass in his college of bishops, he of Sarum had the regimen of
the choir by ancient custom. Lyndwood*. Some say that Osmund, bishop
of Salisbury, drew up a liturgy for this province ; but this is a palpable
mistake, Gregory the First's sacramentary and antiphonary prevailed here
from the time of the conversion of the nation by Augustine, and was in
the eighth century received by the whole Western Church. But by the
eleventh century there were great variations in it by means of the neg
lects, mistakes, defalcations, and additions of transcribers. The popes
took no care to reduce the several churches and copies to an uniformity ;
and indeed, it was scarce practicable to do it, while so many copies were
necessary to this end, as there were altars or chancels in the Western
Church, while there were so few correct writers, and before the invention
of printing. Osmund, bishop of Sarum, (says Higden, A.D. 1077 f,) drew
up an ordinal, which was received by almost all England, Ireland, and
Wales. This ordinal was a book, by which all the differences of the
books were reduced to one certain form, both as to the text and rubrics,
and what was before doubtful was ascertained ; but this use of Osmund
was very much altered before the Reformation. If our present liturgy
(though not to be compared to the Romish books in bulk) had all the un
certainties adjusted, and the defects in rubrics supplied, and the direc
tions for choral service inserted by any one bishop for his own diocese,
this might as well be called a new liturgy, as this ordinal of Osmund has
been so called by some.

0 In the office Commune plurimorum martyrum, part of the sixth of
St. Luke is read, and presently follows the gloss of Bede upon it.

[Wilkins, In tne year 1421 Archbishop Chichley reinforced the con-
V0l4o2*l s^tut^on of Archbishop Sudbury, made 1378, concerning the

salaries of stipendiary priests : the mandate for publishing it

is extant. Sir H. Spelman, vol. ii. p. 678 P.

p Here Lyndwood leaves us, for he ended his work on Whitsun-eve,
1430, as he himself tells us in the last page of his gloss.

* [ Provincial e, p. 104, gl. Usum Sa- resberiam aedificavit, et clericos insig-

rum ecclesia;.~\ nes tarn literis quam cantu aggregavit,

f ["RanulphusinPolychronicon,lib. ita ut ipse episcopus libros scribere,

7. c. 3." quoted by Du Cange in his illuminare et ligare non fastidiret. Hie

Glossary, art. Ordinale, but Ranulph composuit librum ordinalem ecclesias-

Higden, who lived A.D. 1300—1363, tici officii quern Consuetudinarium vo-

and otber chroniclers, copy the state- cant, quo fere tota nuncAnglia, Wai lia,

ment from John Bromptori, who flou- et Hibernia utitur. J. Bromton, p. 976-

nshed A.D. 1198: 7, inter X. Script, ed. Twysden. The

Annoautem ultimo supradicto(A.D. passage is copied in Henr. de Knygh-

1076), Hermannus primus episcopus ton de eventibus Angliae, lib. ii. c. 3,

Saresberias obiit. Cui successit Osmun- ibid., p. 2351. Compare Du Cange,

dus regis Cancellarius xxiv. annis se- Glossarium, art. Consuetudinarius.]
dens. Hie ecclesiam novam apud Sa-

A.D. MCCCCXXX.

ARCHBISHOP CHICHLEY'S CONSTITUTION AGAINST
THE AUNCEL WEIGHT.

A CONSTITUTION made by the venerable father in Christ, LATIN.
the lord Henry Chichley, archbishop of Canterbury, in the Spel^an
convocation of the prelates and clergy of the province of vol. ii.
Canterbury, begun in the cathedral church of St. Paul's,

London, Feb. 20, A.D. 1430, for abolishing the weight called *P?y P- 73-

W iJ.Kin.Sj

auncel weight. vol. in.

The wickedness of the declining world waxing wanton in p' 516*-3
an hideous manner against the constitutions and admonitions
of the ancients, is violently carried to what is forbidden ; in
somuch that unless the rigour of discipline did by the dili
gence of pastors restrain those whom the fear of God does
not reclaim from evil, 'they would through a presumption of
impunity, and in contempt of the laws of God and man, run
down the precipice of vice f. Public fame and certain expe
rience assure us, that there are many trickish chapmen in
some cities, boroughs, and other places of our province, who
without regard to their salvation, use to buy of simple folk
and others, wool, flax, honey, and wax, and other necessaries
by a greater measure and greater weight commonly called
ale auntell, otherwise Sdjeft, or pounfcer, in a fraudulent man
ner; and to sell to the samef and others iron, steel, pitch,
and rosin, and other commodities by lesser measure and
weights called abogr Ire pegs, otherwise IggggUQ fogC^S, to
the great hazard of their souls, and the robbing of the poor,
and such simple folk, and the intolerable injury of others

* [" Ex reg. Chicheley, p. ii. fol. hominum in omnia latentia excurrerent

83. a."] praecipitia vitiorum. W.]

'f [per impunitatis audaciam cal- J [eisdem simplicibus, S. W.]
catis legum habenis, tarn Dei, quam

490 CHICHLEY'S CONSTITUTION. [A. 0.1430.

who do not observe that the said auncel weight is [so] vul
garly called on account of some hidden falsities and frauds
therein used. It is not only forbidden by the divine law,
[Prov. which says "that a false balance is abomination with God*,"
but also by the canonical constitutions of the fathers in
general, and by royal statutes also under the pains of for
feiting of all that has been b purchased by that weight, and
of imprisonment for ctwo years, it is by name and specially
forbidden : nor do they fear the sentence of excommunication
solemnly fulminated by all the archbishops and bishops of
England, and often confirmed by the apostolical see (as is
said expressly in the constitutions provincial of d John Peck-
ham of good memory) against all and singular who transgress
the great charter of the liberties of England, or any article
thereof in word, deed, or advice: in which e charter it is said
among other things, that there is to be but one measure and
one weight throughout the kingdom. Nay what is more to
be lamented, such crafty chapmen to multiply their errors,
while they endeavour not to be publicly convicted, either by
right or wrong, of the notorious abuse of the said prohibited
auncel weight, do twice, thrice, or oftener in the year damn
ably incur the horrid crime of perjury, and execrably lead
their complices into it, viz., when they are judicially onerated
by an oath made by laying their hands on holy things to tell
the whole truth by the officers of our lord the king, the jus
tices of the peace, clerks of the market, confiscates, eschea-
tors, and others, concerning their using, or rather abusing the
said weight, when they make special enquiry in every of their
sessions ; yet they do knowingly and wilfully conceal it, and
cause it to be concealed by others bound with a like oath in
the sessions of such judges and officers of the king, or other
courts of temporal lords, by their threats and terrors. And
all these men involved in so many and great crimes, but
making no account of them under pretence of a rooted cus
tom, do impudently intrude upon the sacraments of the
Church without any intention of making satisfaction for
what they have gotten by these evil means, or of leaving

* [Johnson omits et alibi, " Non ha- modius major et minor ; pondus habe-
aebitis m sacculo diversa pondera, bids justura et verum, etc " W Cf
majus et minus ; nee erit in domo tua Deut. xxvi. 13 J

A.D. 1430.] CHICHLEY'S CONSTITUTION. 491

such their sins, to the grievous hazard of their own souls,
and the pernicious example of others. And though we have
several times sufficiently and legally admonished all and sin
gular the transgressors to desist from the said crimes, and
caused them to be admonished by our suffragans in the spirit
of lenity under pain of the greater excommunication; yet
few have hitherto minded to obey; and many, 'nay, to our
grief, almost all, blinded with covetousness, fdo obstinately
with hardened minds neglect to decline from the roads of their
old sins*. Therefore that we may not seem to pass by such
notorious enormous excesses of our sons with connivance, so
that their blood should be required at our hands, (which God
forbid,) desiring to consult the health of souls by a fit remedy
against the premisses, supported with the authority of our
last provincial council, we enact, ordain, and will that all and
singular our subjects of the province of Canterbury, that
shall after the publication of these presents knowingly use,
or cause to be used, any weight notably differing from the
king's standard, especially the weight vulgarly called auncel,
scheft, or pounder, or any of them, or knowingly, obstinately,
and rashly keep it by them in a clancular manner, do ipso
facto incur the sentence of the greater excommunication :
and we do specially reserve the absolution of them to the
ordinaries of the places or their penitentiaries duly em
powered in this behalf. Farther, that the crimes of these
transgressors may be the more avoided by the solemnity of
the denunciation, we charge, with the approbation of the
said provincial council, that all and singular the said trans
gressors be publicly in general denounced excommunicate in
every cathedral, and parish church, and chapel (in which
divine offices are celebrated, as in churches) of our province
aforesaid sfour times in the year among the other articles of
the greater excommunication, with an intimation that the
absolution of them is reserved as aforesaid.

B This seems plainly to be a French name, and by what follows it
appears that the constitutors thought the name to imply something of
deceit ; therefore our etymologists have not hit the mark ; and I am not

1 * [imo, quod dolenter referimus, considerant dispendia animarum, a viis
pene omnes avaritise caecitate perculsi, veteris malitise contumaciter ac indu-
dum sitientes qusestum, prorsus non ratis animos negligunt declinare, W.]

492

CHICHLEY S CONSTITUTION.

[A.D. 1430.

well enough skilled in the French tongue to offer at a new etymology *.
Lyndwood would have said nothing to this constitution if it had come
within the date of his work, for he professedly omits temporal constitu
tions, excepting the articuli cleri.

b Lat., optorum, but it should be emptorum or oUentorum* see stat. 13
Rich. II. c. 9 1- Sir H. Spelman's copy is full of errata throughout.

0 It is but six months by the statute last named, and till they make
fine to the king by stat. 14 Edw. III. c. 12 1, one year by stat. 27 Edw. III.
c. 10 §.

d See const, of Peckham 3, A.D. 1279.

e See Magna Charta, art. 25 ^.

f The words omitted are, dum sitientes qucestum prorsus non desiderant.

6 Lat., Quatinus in anno 1. I read quater in anno ||, according to the
third constitution of Peckham just before cited. But this archbishop
afterwards reduced it to three times a year, as you will see by his next
constitution.

* [The name 'auncel' seems clearly
to be a Norman form derived from the
compound Anglo-Saxon verb 'hanb-
ryllan' to give or sell with the hand,
to which may also be traced the Eng
lish word 'handsel.' The instrument
used is (described as a beam or shaft,
with scales or hooks at each end, which
being raised on the fore- finger or hand
served to shew the equality or difference
of the weight and the thing weighed.
See Phillip's Eng. Diet, Auncel-
weigt. Somner, Diet. Sax., ftanb-
ryilan.]

f [Johnson seems to refer to 13
Rich. II. stat. i. c. 9, the first part of
which orders one measure and one
weight throughout the realm, except
in Lancashire ; but the penalties there
mentioned are imprisonment for half
a year, and recompence to the party

grieved to the double of his loss.
Statutes of the realm, ed. 1810, vol. ii.
p. 63.

Auncel weight was abolished 25
Edw. III. stat. 5. c. 9, ibid., vol. i. p.
321. See also 34 Edw. III. c. 5, ibid.,
vol. i. p. 365.J

t [ibid., p. 285.]

§ [ibid., p. 337. The penalties are
there set down in these words, "and
that he which doth against the same,
to the damage of the seller, shall for
feit to us the value of the merchandise
so weighed and measured; and the
party that will complain him, shall
have the quatreble of that which he
shall be indamaged ; and the trespasser
shall have one year's imprisonment,
and be ransomed at the king's will."]

II [ibid., pp. 24, 117.]

|| [So Wilkins.]

A.D. MCCCCXXXIV.

ARCHBISHOP CHICHLEY'S SENTENCES OF EXCOM
MUNICATION.

HENRY, by divine permission archbishop of Canterbury, LATIN.
primate of all England, legate of the apostolical see, to our C0py, p.
venerable brother Robert, by the grace of God bishop of73*-
London, or to his vicar-general of the spiritualities (he him
self being in parts remote) health, and a continual increase
of sincere love. It was lately set forth, and grievously com
plained of by the clergy of our province of Canterbury, in
our provincial council celebrated in the cathedral church of
St. Paul's, on the morrow of St. Faith the Virgin, the seventh
day of October last, before us, our brethren, and fellow-
bishops, that though it had been providently ordained of old
by our predecessors, and particularly by John Peckham of
famous memory in the provincial council of Reading, that
those cases and articles in which the sentence of the greater
excommunication is ipso facto passed by the provincial con
stitution, ought publicly to be declared in the vulgar tongue
in every parish church of our province on days appointed for
this purpose; yet that this wholesome observance of pub
lishing and declaring these cases is long since grown into
disuse and wholly forgotten or neglected, by means whereof
many fall into such sentences while they are ignorant of it :
therefore we were very earnestly requested on the behalf of
the clergy aforesaid, that we would decree these cases and
articles solemnly to be published and declared on some con
venient days in every church of our province, by authority of
the said council. We therefore being disposed to favour the
petitions of the said clergy, as just and reasonable, decreed
with consent of you and other our brethren, fellow bishops
and suffragans assembled together, that the said cases and
articles which were then read in full council, and ratified by
all, be publicly declared at least on three Lord's days in the
year, that is, on the first Lord's day in Lent, the first Lord's

* [The above passage, translated by communication in Wilkins, vol. iii. p.

Johnson from the appendix to Lynd- 523, "ex reg. Chicheley;" the latter

wood's Provinciale, Oxon. 1679, "ex is given in the appendix to this volume,

MS.jEtonensi," differs throughout from A.D. 1434.]
that which precedes the articles of ex-

494 CIIICHLEY'S SENTENCES [A. D. 14-34.

day after Trinity, and the first Lord's day in Advent, through
all the cathedral and parish churches of our said province,
fully, perfectly, and distinctly, at high mass, when the great
est number of people are present in the said churches. We
therefore charge it upon, and command you our brother, by
the tenor of these presents, and enjoin you in virtue of holy
obedience, that ye duly publish or cause to be published
these our letters, with the said cases and articles which we
have annexed to these presents, in your cathedral church
and in every parochial church throughout your city and dio
cese, by our authority on every Lord's day aforesaid ; or if it
cannot be done on any of those Lord's days by reason of any
lawful impediment, then on the Lord's day next following at
least, in manner before mentioned ; and take care to trans
mit them to every our fellow bishop and suffragan, by your
letters containing a copy of these presents and of the said
articles, with all expedition : and firmly enjoin them that they
cause them publicly, clearly, and distinctly to be read and
declared in the vulgar tongue at high mass, in every cathe
dral and parochial church of their cities and dioceses, every
year on the three Lord's days aforesaid at least, if there be
no lawful impediment ; or otherwise on the Lord's day on
which it may be conveniently done next following. And do
ye certify us of what ye have done in the premisses in a dis
tinct manner, by your letters containing a copy of these,
before the feast of Pentecost next to come : and command
every of our brethren aforesaid that they do not neglect to
certify us in like manner by their letters before the feast of
St. Michael next following. Dated in our manor of Maid-
stone, the 23rd day of February, in the year of our Lord
1434, and of our translation the twenty-first.

[Lynd. ^ Here follows the form of publishing the articles of the
wTikins, sentence of excommunication in the vulgar tongue.

vol. iii.

P. 524*.] a [JFJgrste get fce accursgfc t&at presume to tafce afoag or
prgfe ang cjtrdje of tfie rtgjjt gat longgtf) gereto, or else

* '-w? reg< Chicheley» P- »• fo]- 99- "ex MS. ^tonensi:"

seq. Wilkms's text from this source First. Alle they ar accursed, that

is given below, and Johnson's text has presume to take awey, or to pryve any

corrected by Lynd., app. p. 73, churche of the right that longeth therto,

A. D. 1434.] OF EXCOMMUNICATION. 495

agamu rggfit to strog, brefee ov strobgll tfie libertes of tfie
(£fiircfie. gtntr also goo tfiat parcfieses ang maner of lettergs
from ang temporal courte, to lette ang processe of spiritual
\ ugggs in sucfi causes as longgtfi to spiritual court : anfc all
goo gat foitfi puple an& nogse come to spiritual courte, antr
put tfie fugggs or parties gat tfiere pletts in feer, or else for
als mocfie as tfie partges sefo in spiritual court sucfi causes
as longgtfi to spiritual courte, mafce or procure ang of tfie
saitJ partges, afcbocats, procurators or otfier mgngsteres of
spiritual courte to be entritt or restgt, or ang (wise be bexgtr.
gilso gei gat presume to fcistrog or trobgll tfie ease an&
trantjuillite of tfie fcgnge anfc figs reame of gjnglontre, anfc
goo gat forangfullg foiti)e!)ol& ang rggfit gat longgtfie to tjje
kgnge. ^Iso all goo gat foetgnglg bergs fals Im'ttnes, or
procure fals toittnes to be born, or else foetinglg bring fortjje
tn fugment fals foitnes to let rgfit matrimonie, or procure
trgsftergtgnge of ang person. &lso all goo gat of malice put
ang crime of sfclanbgr to ang man or fooman, tfie tofiicfie fcoas
not sfelantfergt bgfore amonge gutre men, antr fcoortftg, so tfiat
fie or scfie sfiulUe be caulgtre to fugment, a purgacion as=
signetr to figme on tfie sailJ crime, or grebgfc in ang otfier
tnise: anfc also goo gat resgbe tfie fegngs Inrittgs, or mantre=
ments to tafee sucfi as ben acursgfce for nelre, or fabour, or
ang otfier foilefull causgs gei to nott treto execucion tfiereof,
an^f goo gat letts sucfi execucion, or procure forongefull &e!g=
beraunce of sucfi gat ben acursgfce. ^nt» all goo gat tafce

or elles ageyn right stryve to breke or withhold any right, that longeth to the

trouble the libertees of the Churche. kyng.

And also they that purchace any maner Also, alle that wetyngly here false

letres fro any temporal court, to lette witnesse, and procure false witnesse to

any processe of spirituel juges in suche be borne ; or elles wytingly bryng forth

causes, as longeth unto spirituel court. in jugement false wittenesse, to lette

And all they that with peple and noyse rightfull matrimony, or procure dis-

come to spirituel courts and putte the herityng of any person.

juges, or the parties, that there plede, Also, alle they that of malice putte

in feere ; or elles, forasmuche as the any cryme or sclaunder to man or

parties serve in spirituel court suche woman, the whiche was not sclaun-

causes as long unto spirituel court, dered before amongg good men and

make or procure any of the said par- worthy, so that the1, he, or she, so de- J[i.e. they.]

ties here advocates, procuratours, or sclaundered, be called unto jugement,

other ministres of spirituel court to be and purgation assigned them on the

endited, arrested, or any other wyse said cryme, or greved any other wyse.

to be vexed. Also, alle they that receiveth the

Also, all they that presume to dis- kyngges writtes or maundements to

tourbe or trouble the peece and trail- take suche as beth accursed, and for

quillite of the kyng and his reaume of mede, or favour, or any other wilfull

England; and they that wronggefully cause, doth not execution thereof;

496 CHICHLEY'S SENTENCES [A. D. 1434.

foastgnge or fottfjefcforafognge ofote of fiouse, maners,
or ofcgr places of arsPgscijopcs, bgsdjopes, or ang otfjer
person of Jolg <£{)ircj)e a?ene t&etr fotll, or a?ene t&e fotll of
sucfte persons gat ben ortregnt an&e fcepute&e fcepers thereof.
&Iso all goo gat fcrafoetje ofote af segntorg ang man or
fooman gat flegtjje to c&trcjje, or c!)trci)e?ar&e, or clostgr, for
ggrt&e or fmmgngte of fiolg (£l)trc6e, or let or forbgfce neces=
sarg Igfelofce to be ggffgnge to sucfie persons begfnge fottl)e=
tnne segntorg. &ntr goo gat putt biolent jjonfcs on preste or
on clerfce. &lso all goo gat use ang fogcjjcraft, or gtfe thereto
fatti) or credence, antre all fals furofors, an& otfjer gat be for=
sfoorne on bofce, or off ang otijer jjolg tjn'ng. ^ntr all goo
gat botfte sgmonge or sacrilege, jjerett'efcs, Hollars, antr fato-
totors of game famose tftefgs, robbers, reffers, antr rabgsfiers,
falsarias of t&e poppgs, or tfte fetngs, or off ang ortunarg of
Jolg ^ftfrcSe. ^ntr get gat letten execution of trcfoe testa=
tnents or laste fcotlls, antr fot't|)el)ol&ers of tgtft or ang otfjer
sptrttuall commoUgtgs gat longgtft to jjolg

* F is not in the Oxford copy. It was common for writers to leave out
the first letter of any book, instrument, or chapter, in order to have it

written in a more elegant manner, and embellished with pictures, or
flourishes, by the hand of an illuminator ; and many books remain im-

and they that lette such execution, or the kyngges letres, orletresof any ordi-

procure wrongful! deliveraunce of such, narye of holy churche ; and alle coun-

as beth accursed. terfeitours of testamentes or last wylles.

Also, alle they that taken away, And they that lette execution of trewe

wasten, or withdrawen any thyng outte testamentes or last willes ; and with -

of houses, inaners, granges, or other holders of tythes, or other spirituell

places of archebishoppes, bishoppes, or commodytees, longyng to holy churche.

any other person of holy Churche, And they that lette or procure to be

agayne her wille, or agayne the wille lette tithes to be take, and ledde away

of suche persones, as beth ordeyned by hym that the tithes be dewe to ; or

and deputed kepers therof. elles pleade, arrest, or vexe in any

Also, alle they that drawe oute of other wise such leders away of tithes,

sayntwarye any man or woman that or procure hem to be arrested, pleeded,

fleeth to churche, churchyerde, or or in any other wise vexed for that

cloyster, for gpi> or immunitie of holy cause.

Churche, or lette or forbede necessary Also, all they that use false weghtes

hflobe to be geven to suche persones or false mesures ; and in especiall alle

beyng withyn sayntwarye, and they they that use a weght, that is called

that put violent handes on prest or clerk. " auncell, schefte, or poundre," or holde

Also, alle they that use any wiche- or kepe that weght pryvely or openly.
craft, or geve therto faieth, or credence ; Also felons, rnaynteners of felonyes,

and alle false jurors, and other that ben conspiratours, and takers or rnaynteners

iorsworne on bok, or any other holy wetyngly false quereles, and chereshers

thing; willfull brenners of howses, user- of hem. Wilkins, vol. iii. p. 524. Re-

ers, alle they that do symonye or sacri- specting ' grith ' peace, and ' liflode' vie-

lege, heretikes, Lollardes, and fautours tuals, see Johnson's canons, vol. i. p.

othem; famous theves, and rubbers, and 318,320, A.D. 877, 1,4; vol.ii.p 197

ravysheis ; falsaries of the popes letres, 228, A.D. 1261, 8, and 1268, 12.]

A. D. 1434.] OF EXCOMMUNICATION. 497

perfect in this point, having never had the luck to be finished with such
illuminations.

N.B. Several of these articles were retracted by Archbishop Peckham
himself soon after they were first ordered to be published : yet it seems
evident that these articles, notwithstanding Peckham's retractation, were
always deemed to be in force ; and indeed he himself two or three years
after published them again though in other words, by authority of synod.
It is clear Archbishop Chichley thought that retractation to be no just ob
jection against them. And Lyndwood, principal official of this archbishop,
and, which is more, the principal canonist that this nation ever produced,
thought them to be in force : for he glosses on them without taking any
notice of the retractation, p. 353, and sums up his constitution to the same
purpose at Lambeth, 1281, and glosses on that abridgment of his own.
It is farther observable, that though Chichley omit some of the Reading
articles, yet none of those which were retracted.

b The reader will observe that they who use the auncel weight are not
mentioned in this general excommunication * : yet they are said to be
anathematized in a public excommunication still extant in the register of
Bath, A.D. 1434.

« [Johnson's remark is true of the tioned in the last article but one of the

imperfect copy which he gives from copy in Wilkins, vol. iii. p. 24, quoted

Lynd. app., p. 73 ; but they who use in the preceding note.]
the auncel weight are expressly men-

JOIINSON.

K k

A.D. MCCCCXXXIX.

ARCHBISHOP CHICHLEY'S CONSTITUTION FOR
AUGMENTING VICARAGES.

LATIN. THE constitution of Henry Chichley, archbishop of Can-

Speiman, terbury, made in a provincial council begun the first day of

vol. ii. November, in the year of our Lord 1439, in the eighteenth

Lynd. year of Henry VI. king of England and France, in which

wfikins74' year ^e^x ^' a^as ^'> was ky tne c01111^1 °f Basil substi-
vol. iii. tuted pope of Rome, in the stead of Eugenius IV., who was
p- 535>] deposed.

Because it is provided by the common law (on account of
the long continuance of suits, which by reason of the nice
observance of the judiciary method, use to be burdensome
to the parties, especially if poor) that in some cases pro
ceedings may be without the noise and solemnity of judi
cature in a simple plain manner; and there are in our
province of Canterbury many vicarages belonging to rich
churches, yet so small as not to afford even a slender liveli
hood to their vicars, by reason of the unwonted lukewarm-
ness of the a devotion of the people : yet if they commence
suit before the ordinaries of the places for the augmentation
of their portion, so many difficulties are raised against them
through the indirect arts of exceptions and delays by the
rectors or proprietors of those churches, that they are com
pelled to desist from their just prosecutions after they have
begun, by reason of poverty and despair of carrying their
cause; we ordain, with the provident deliberation of the
present council, that in the case of augmentations of small
vicarages (not much b unlike some of the aforesaid cases)
proceedings may be summary and in a plain manner, without
the noise and solemnity of judicature, if the plaintiff require
it. We add, that ordinaries admit vicars (if they will affirm

A. D. 1439.] CHICHLEY'S CONSTITUTION. 499

upon oath that they are very poor) to prosecute their causes
for the augmentations of their vicarages in forma pauperum,
and do their office in this respect gratis and freely, and
cause the advocates, proctors and other officers and scribes
of their courts and consistories, to defend and act for them
gratis, and let them take care to assign such portions to the
said vicars as they see reasonable in proportion to the re
venues of the church, and to the burdens which belong to
the vicars ; and that no less portion than that of twelve
marks in the whole be assigned to any vicar, if the whole
profit of that church, whose vicarage is to be augmented, do
amount to that sum. And lest the ordinaries be any wise
obstructed in the execution of their office, under pretence of
the difficulty of citing such rectors and proprietors, who
sometimes dwell out of the dioceses in which those vicarages,
whose augmentations are disputed, lie ; we ordain by au
thority of the said council, that in causes concerning such
augmentations, the aforesaid rectors and proprietors be as
strictly obliged to appear by virtue of citations publicly and
solemnly made in the churches (whose rectors and propri
etors live out of the diocese of the ordinary who orders
such citation to be made) on some Lord's day or festival,
while the greater, or a notable number of the people is pre
sent there, as if they had been personally served with the
said citations'*.

a In making offerings, which was originally a main branch of the vicar's
subsistence. Wicklif's doctrine had well-nigh dried up this stream.

b The most usual summary causes are those relating to the probate of
wills ; and any poor heir-at-law may demand to have the will by which
he is cut off proved with solemnity, that is, by the oaths of sufficient
witnesses, and the executor is bound to bear the charge of the process,
if the heir create no unnecessary delays : and this may be done though
the executor have before proved the will in common form.

* [Johnson omits, in quibus citationibus ad comparendum ipsis citatis, ad
minus dentur triginta dies, S. W.]

A.D. MCCCCXLIV.

PREFACE. ARCHBISHOP KEMP'S CONSTITUTIONS
AT YORK.

THIS year John Kemp, archbishop of York, cardinal of St.
Balbina, in a provincial synod at York made the following
constitutions, or rather made one, and transcribed another
from the constitutions of our province, and enacted both.
We have them only as they are registered by Archbishop
Nevil, at the end of his constitutions in the year 1466, after
Kemp had been translated to the see of Canterbury, and
had been dead twelve years. Archbishop NeviFs words here
follow.

A.D. MCCCCXLIV.

ARCHBISHOP KEMP'S CONSTITUTIONS AT YORK.

UPON examining the registries of John, late priest cardinal LATIN.
of the Church of Rome by the title of St. Balbina, and our SpSman,
predecessor of worthy memory, we remember that the under- vol'0il'
written constitutions were duly and lawfully made by him, wnidns,
yet not inserted or incorporated into the book of statutes. TOgQ§; -i
We will, therefore, that they be published and incorporated
among the other constitutions, and firmly observed by all
the subjects of our province.

1. The first is the fifth constitution of Archbishop Win-
chelsey, 1305, save that it has a preface put to it, in which
I see nothing singular, or observable. Nor are the varia
tions very considerable as to the body of the constitution.
But instead of stipendiary priests, Archbishop Kemp calls
them achantry priests. He mentions not the punishment of
the greater excommunication, in case they purloin the in
cumbent's dues, but obliges them to swear that they will
not. The oath was to be taken by touching the Gospels :
he adds, that these priests must read the lessons, epistles,
and gospels, at high mass, at the assignment of the curates.
After which are added some words which seem to me unin
telligible. The method seems rather taken from the second
constitution attributed to Mepham, Sir H. Spelman, p. 501.
And there is the following addition in both, viz., that these
priests, and such as are curates, spend their vacant hours at
their books, and not at taverns, shews, stews, or unlawful,
hurtful games.

a This name was most usual in the times just preceding the suppression
of monasteries, and did especially denote such priests as had a settled

* [See below, A.D. 1466, p. 519, note *.]

502 KEMP'S CONSTITUTIONS. [A. D. 1444.

estate, or salary for life, on condition of singing mass constantly at such
an altar for the founder and family.

2. Being informed by unanimous report, and by experience,
that some abbots, priors, (that have no proper abbots,) hos
pitallers, and other administrators of church goods, do sell
and alienate the goods of such monasteries, priories, and
other ecclesiastical places, (over which they preside, and to
whose profit they should contribute,) and particularly the
trees of their woodlands, ceduous or not ceduous, rents, pos
sessions, and their other rights, to the desolation of the said
ecclesiastical places : and do likewise sell or grant bcorrodies,
pensions, and liveries for life, or a long term : and do also
let to farm churches appropriated to themselves and their
monasteries ; and do convert the ready money they receive
to their own uses ; and do bring themselves, their monas
teries, and successors, and their rights, rents, and possessions,
under engagements, and expose them to be distressed by
secular men ; and do give other goods without measure to
their acquaintance and friends ; by occasion whereof their
monasteries, houses, and places thereunto belonging, are
under great want of repair, and ready to fall, divine wor
ship in such places is diminished, regular observances are
neglected, and the goods of such places are wasted, and to
our grief consumed ; we, John, archbishop, earnestly desir
ing to provide for the indemnity of monasteries, priories,
hospitals, and other religious places in the province of York,
and to apply a seasonable remedy in these cases, do with the
advice and counsel of our suffragans enact and ordain, with
a saving to the provisions, statutes, constitutions, ordinances,
and remedies concerning such sales, alienations, and grants
that have been made by the authority of the ancient fathers,
that when a sale of trees, woodlands, ceduous or not ceduous,
in any great quantity, or the grant of rights, rents, posses
sions, pensions, corrodies, or liveries for the life of any per
son, or for a long term is to be made, a diligent and mature
consultation of two days at least between the abbot and con
vent, or the prior (where there is no proper abbot) and the
convent ought first to be had ; and if upon such solemn con
sultation, it seem good to the abbot or prior, with his con-

A. D. 1444.] KEMP'S CONSTITUTIONS. 503

vent, that such sales, alienations, grants of liveries, or taking
up of money, be necessary, advantageous, or seasonable to
their monasteries, priories, or other places; then let them
consult concerning the alienations, sales, and grants afore
said, with us in our own diocese, and with our suffragans
in their dioceses, and with our and their successors in all
times to come ; and after licence and authority first had
from us, or our suffragans in their [several] dioceses, let
them have leave to make the said sales and grants. But
if the abbots, priors, or hospitallers aforesaid, contrary to
this our ordinance and provision, do make such sales, aliena
tions, or grants, not having first authority, let such sales,
alienations, and grants, whether for life, or perpetual, cbe
utterly null and void. And yet let the said abbots, priors,
and hospitallers, who infringe, violate, or contemn this our
constitution, be ipso facto suspended from celebration of di
vine offices, and administration of the goods of the monas
teries, and from their dignity and office for ever; beside
d other penalties in this case provided in divers ordinances.

b Corrodies, pensions, and liveries here have much the same significa
tion, viz., a certain daily, weekly, monthly, or quarterly payment in vic
tuals, clothing, or money. Corrody is still used for a place in a hospital,
particularly in those about Canterbury. It has other significations in the
law books.

c The prelates might spend their breath to no purpose on this account ;
for it is certain that such sales and alienations were good at common law,
unless where the king was founder ; but they were always forbidden and
nulled by the canon law. During the times of popery, prelates being
under the awe of canons did tolerably well preserve their estates ; but
when the canon law was once thrown out of doors, it is evident by too
many instances, that the prelates would soon have reduced their dignities
to a primitive poverty, if temporal statutes had not tied their hands.

d Excommunication was the punishment inflicted by the canon law,
both on the grantor and grantee in this case. See Decretal. , lib. iii. tit. 13.
N.B., there is in Sir H. Spelman a bull of Pope Paul II., bearing ;date
1467, which cancels all such alienations, infeodations, &c., and deprives
the authors of them of their dignities, vol. ii. p. 709 *. But we may cer
tainly conclude that the alienations made about and after these times
were justified by our temporal courts, and were the precedents by which
King Henry the Eighth's agents proceeded, when they did with menaces
and artificial practices prevail with heads of convents to surrender their
estates to the crown.

* [Wilkins, vol. iii. p. 6'05.]

504 KEMP'S CONSTITUTIONS. [A. D. 1444.

Wicklif's party being now silenced by the awe of temporal
and ecclesiastical authority, and matters of discipline being
firmly settled according to the Romish scheme, our arch
bishops and convocations had little of moment to do ; but
lest they should seem to meet for no purpose at all, they
renew old provisions for keeping the feast of King Edward
the Confessor*.

* [The above remarks, which John- p. 539 — 541. If Johnson had been ac-

son made in ignorance of the real acts quainted with these interesting and im-

of the coronation at which Archbishop portant acts, he would doubtless have

Stafford's letter respecting the feast of given them a place in "his collection:

St. Edward, king and confessor, was they will be found in the appendix to

promulged, will be seen to be falla- this volume, A.D. 1444-5.]
cious by reference to Wilkins, vol. iii.

A.D. MCCCCXLV.

ARCHBISHOP STAFFORD'S CONSTITUTION.

THE constitution provincial of the lord John Stafford, LATIN.
archbishop of Canterbury, remarkable for his family and foraeEdi-~
merits, for solemnly celebrating the feast of St. Edward, king tion, p. 74.
and confessor, made in the year of our Lord 1445, Henry voi. Hi. '
VI. reigning in England, Felix V. being pope of Rome, ?• 540-J
Eugenius IV. being deposed by the council of Basil *.

John, by divine permission archbishop of Canterbury, pri
mate of all England, and legate of the apostolical see, to our
venerable brother the lord Thomas, by the grace of God
bishop of Ely, health and brotherly charity in the Lord.
Though we are divinely admonished by the holy David, the
man after God's own heart, " ato praise God in His saints,"
at whose intercession God confirms peace, takes away pesti
lence and famine, establishes kingdoms, 'and gives victories f,
and very often by a miraculous power imparts health to des
perate diseases ; yet every Church is bound to venerate and
extol with special praises, and with a prerogative of devotion,
those saints with whose peculiar patronage and miracles she
is illustrated; therefore, that the divine majesty may be more
amply glorified in the saints in our holy mother the English
Church, which J is irradiated by the prayers and frequent
miracles of the most blessed Edward, confessor and king,
and by whose merits histories say the kingdom of England

* [The above heading is only in the to this volume, A.D. 1444-5.]
appendix to Lyndwood's Provinciale, ' f [confertque victorias timentibus
Oxon. 1679 ; the following is the date et diligentibus nomen suum. Lynd.
and title in Wilkins of the document app., p. 74. Wilkins, vol. iii. p. 540.]
of which a similar letter to Robert, J [Johnson omits, inter cseteros sane-
bishop of London, forms part : tos beatissimi Edwardi Confessoris et

"A.D. 1444. Convocatio prcelatorum regis piis consonetur suffragiis, Lynd.

et cleri provinciee Cant. 19 die Octobris app., p. 75. The other copy, Wilkins,

in ecclesia S. Pauli London. Ex reg. vol. iii. p. 540, has the same except

Stafford, fol. 28, seq." See appendix "confovetur" for consonetur.]

506 STAFFORD'S CONSTITUTION. [A.D. 1445.

was formerly delivered from the cruelty of pagans ; we, with
the unanimous consent and advice of our brethren in our last
convocation, and also at the repeated instances of our most
devout and Christian king our supreme lord, (who doubts
not but that his kingdom and royalty is defended by the
intercession and patronage of this most glorious king and
confessor,) have decreed, ordained and enacted, that the
feast of the Translation of the said St. Edward be celebrated
throughout our province of Canterbury every year in a solemn
manner for the future*; and do ye cause it to be celebrated
in the city and diocese, as well by clerks as laymen. And do
ye certify us of what ye have done in the premisses, by your
letters containing a copy of these signed with your seal, be
fore the feast of All Saints next coming. Dated in our manor
of Croydon, the first day of October, in the year of our Lord
1445, and of our translation the third f.

a Psalm cl. 1. Sanctis without a substantive was taken to signify the
saints, but it seems better to understand locis$.

* [Johnson following Lynch, app. 540-1.]
(p. 75,) omits, sub duplici officio, W.] J [Laudate Dominum in sanctis

f [The letter in Lynd. app., p. ejus : laudate eurn in firmamento vir-

25, which Johnson translates, is much tutis ejus. Ps. cl. 1. Vulgate.]
shorter than that in Wilkins, vol. iii. p.

A.D. MCCCCXLVI.

POPE EUGENE'S PRESENT TO KING HENRY VI.

FOR want of better memorials at this time, my reader will
forgive me, if I for once present him with a most egregious
trifle as ever yet came from Rome to England, not indeed
at its fall length, (for the Latin contains more than a page
in folio, Sir H. Spelman, vol. ii. p. 690,) but so that every
reader may say he has enough on it.

Eugenius bishop, servant of the servants of God, to our LATIN.
most dear son in Christ, Henry the illustrious king of Eng- voL^i?**1
land, health and apostolical benediction. The reasons ofp-69o.

i • L i i , i T. Wilkins,

some most solemn ceremonies celebrated by the Roman pon- vo]. m
tiff, are too deep sometimes to be understood, not only by P- 551*-]
the vulgar, but by the moderately knowing. Being about to
honour your highness with a famous present, we think it not
unworth our while to say something by way of preface.
Among many things which the Church does in the mystical
way during Lent — on that Lord's day which is the seventh
from Septuagesima — when the introit to the mass is, " Re
joice, O Jerusalem," &c. — when the faithful people are come
to the middle of the lenten fast — the Roman pontiff, when
he is going to church and returning from thence, carries in
his hand in the sight of the people a golden rose ; this rose
the pontiff uses to give to some prince then in the court,
whom he specially esteems for his nobility, power and merit.
The prince, adorned with so great a present, and attended
with a great retinue of cardinals and prelates, goes in pomp
through the streets and lanes of the city, that no one may
be hindered by sex, weakness or business, from partaking of
this common joyful sight. We have presented four princes
in our time with such a rose, two kings of the Romans, one
of Castile, a fourth of Arragon, with an intention to excite
and impel them against infidels that are enemies to Christ ;

* [H Eugenii IV. papa liters apo~ misste de rosa aurea. Ex reg. Stafford.,
stolicee Henrico Sexto, Anglorum regi, fol. 47. a."]

508 POPE EUGENE'S PRESENT. [A.D. 1446.

that if we could not move them by our words, we might do
it by their religious regard for an apostolical present. Hav
ing lately considered these things, and the great faith and
devotion of your serenity toward us and the Church of
Rome, we thought it not only decent, but just, that you
should be decorated with the same gift ; because last year at
our request you not only granted a supply of the tenths of
your kingdom against the Turks, the enemies of Christ, but
promised an auxiliary force of armed men. And we hope
that this rose will more effectually dispose you to assist
the Church of Rome against the barbarians, to your own
perpetual glory. — Nor let any one think that this is an in
vention of ours on purpose to prevail with you, since it is
a traditionary observance of the Roman pontiffs, that the
king of the Romans (from whom the Church always expects
due aid) be crowned on ano other day but the Lord's day
aforesaid, and after such a rose presented to him. Therefore
whereas we now send to that kingdom of yours, our beloved
son, master Lodowick de Cardona, one who belongs to our
bedchamber, as a messenger to demand the tenths imposed
last year on account of the Turks ; we do in the Lord ex
hort and require your serenity, that you do him all neces
sary favours to this purpose : and let your highness begin
to consider of other aids to be granted us toward so great
an expedition. Dated at St. Peter's, Rome, in the year of
Incarnation 1446, eighth kal. of July, and of our pontificate
the sixteenth.

a I read nulla alia die *, not multa, &c.

N.B. Pope Julius the second in the year 1510, sent to Arch
bishop Warham a golden rose tinged with holy chrism,
perfumed with musk, blessed with his own hands, to be
presented to King Henry VIII. by that archbishop at high
mass, celebrated by the archbishop himself with certain
ceremonies expressed in a schedule annexed to his lettersf.
King Henry VIII. was then a young prince, and might
be pleased with such toys, but he afterwards learned to
despise them and their donor.

* [So Wilkins.] f [Spelman, vol. ii. p. 725; Wilkins, vol. iii. p. 652.]

A.D. MCCCCLIV.

PREFACE. ARCHBISHOP BOURCHIER'S LETTER
FOR PROCESSIONS.

WE have before seen, in the year 1416, how the prelates
before the Reformation made provision for their festa repen-
tina, occasional thanksgivings, without composing new offices.
And it is scarce to be conceived, that any occasion for such
thanksgivings can happen, but that there is a competent
provision already made for it by our liturgy. In the fol
lowing letters of Archbishop Bourchier we may observe how
they ordered matters in case of extraordinary humiliation;
and particularly it deserves our notice, that they drew up no
new offices, or prayers, but only required some old forms
more frequently to be used : they did not think their au
thority sufficient absolutely to enjoin the use of these forms,
but only granted indulgences to them who complied. The
convocation indeed in the former case does peremptorily re
quire all to use the old forms in a new manner, but the
archbishop acting by himself, does not go so far. I cannot
but think that our Church has made a better provision in
this case : for every Friday is an established fast, and the
commination service may be used, whenever the ordinary ap
points : and this with the prayer on the occasion, whatever
it be, which may be added out of the forms next after the
litany, prescribed to be used before the two final prayers of
the liturgy, would make a better office for a public fast, than
I have ever yet seen in that great number that have been
with so much parade distributed to every parish in the na
tion; every one of which offices cost the nation five hun
dred pounds at least in fees to the apparitors, beside the
charge of the government in printing of them.

A.D. MCCCCLIV.

ARCHBISHOP BOURCHIER'S LETTER FOR PROCESSIONS.

LATIN. THOMAS, by divine permission archbishop of Canterbury,
Spelm'an, P^mate of all England, legate of the apostolical see, to our
vol. ii. venerable brother Thomas, by the grace of God bishop of
[Wilkins, London, health, and a continual increase of brotherly love.
vo1- j"- [Here I omit a whole page, which is only a prefatory narra
tive of the occasion of these letters, and which is sufficiently
though briefly expressed in what follows.] That this our
happy expedition against the [Turks] persecutors of our
orthodox faith now begun, and the health and condition of
the most Christian prince our lord the king, and of the
common- weal of this kingdom may daily be improved, and
the sooner brought to perfection, and those a internal evils
may be happily composed by the inspiration of divine grace,
we have decreed that certain solemn processions be for one
year celebrated within our province of Canterbury in the
cathedral, regular, collegiate, and other churches. Therefore
we give it in charge, and command you our brother, that
that ye do enjoin all and singular our brethren and fellow
bishops, the suffragans of our church of Canterbury, in our
stead, and by our authority, and with all speed by your
letters containing a copy of these, that they do admonish
and persuade, or cause to be admonished and persuaded, all
their subjects both clerks and laics in their cathedral, con
ventual, and collegiate churches, (whether regular, or secular,)
and also in the parish churches of their cities and dioceses
on the Lord's days and festivals, that they celebrate pro
cessions in a most devout, affectionate and solemn manner,
and sing or say the litanies with other suffrages that are
seasonable and acceptable to God, as well on those Lord's
days and festivals, as on every Wednesday and Friday, with

A.D. 1454.] BOURCHIER'S LETTER, &c. 511

all humility of heart, for the driving away and removing far
from the bounds of the Christian world the wicked powers of
them that are enemies to the Christian orthodox faith, and
its professors, and for the total extinguishing and (may God
so please) the exterminating of them ; and for the restoring
and perfecting the welfare of our lord the king, and this
famous kingdom of England, and for the daily increase and
improvement of their prosperity; and for the averting and
dispelling, removing and avoiding, with all possible speed,
those- difficulties and dangers now imminent on the king
and kingdom, and those b evils from abroad with which we
are beset and encompassed. And that they do farther ex
hort the people subject to them, that they do by day and
night, at their convenient leisure, continue instant in their
prayers with all humility of heart, for the averting these evils
from us, and from the whole Christian world. And do ye,
dear brother, cause the same to be done in your city and
diocese by those who belong to you, in an humble devout
manner on the like days, times and places. And that they
may be excited to these works of devotion with the greater
frequency and zeal, we, of the immense mercy of God, and
confiding in the merits and prayers of the most blessed
Virgin Mary, His mother, and of the blessed Peter and Paul,
His apostles, and of Saints Alphege and Thomas, martyrs,
our patrons, and of all the saints, do graciously grant forty
days' c indulgence by these presents, to all and every one of
our subjects who repents of his sins, and confesses them
with contrition, and is present on any Wednesday or Friday
within the said year at the making of such procession, as is
aforesaid, and intercedes with devout prayers to God for the
premisses, or that fasts on the days aforesaid, or on any day
within the same year; or that says mass, or [the1] seven psalms » [Ed.]
with the litany, or a nocturnal of David's psalter, or the
psalter of the blessed Virgin Mary, so called, [or] that goes
in pilgrimage to any place, commonly resorted to for such
purposes, or gives any thing in alms, out of reverence to God
or His saints, and that duly confesses his sins in order to his
offering these sacrifices in a more acceptable manner to God,
for as often as they perform any of the premisses. And we
request you, and your brethren, that ye grant such indul-

512 BOURCHIER'S LETTER, &c. [A.D. 1454.

gences to your and their subjects doing as aforesaid, as are
wont to be granted. Dated in our manor of Croydon on the
nineteenth day of January in the year of our Lord 1454, and
of our translation the first.

a The internal evils mentioned here, and below, were the commotions
between the Yorkists and Lancastrians, which now began to break out with
some violence.

b The evils from abroad were, I suppose, the invasions of the French,
who had gained great part of the old English territories on the continent,
and now were bringing a war to our own homes.

c These indulgences were one of the most stupid inventions that were
ever set on foot by the court of Rome : and the inventors themselves could
never explain the meaning of them : for they ever declared, that neither
the pope nor Christ Jesus Himself did ever give hopes of reprobates being
freed from hell torments. They tell us it was only a relaxation of the
temporal punishment due for sin, and which is to be paid either by pen
ance here, or in purgatory hereafter. And this might in some measure
clear the matter as to the bishop's indulgence, which was but for thirty
days at most, and as to the archbishop's, which was for fifty days at most.
But when the pope by the pretended plenitude of power extended his in
dulgences to thousands of years, this can never be resolved into a relaxa
tion of penance, unless it could be supposed that a man could sin or do
penance for so many years. After all, their best casuists advise people
to do their penance, notwithstanding these indulgences, which is to say,
that they would have none to rely on them.

[Post- We are not to wonder, that the archbishop in the case

above did not ask the consent of his convocation: for he
intended not that his letters should be a peremptory binding
decree, but only an earnest admonition : and when in the
year following he sent his monition to all rectors, vicars,
curates, and their substitutes throughout his diocese and
province, and particularly to all such as should minister the
Word of God to the clergy and people at St. Paul's Cross,
London, to advertise all people that testaments [should not

1 [Ed.] be1] made, or matrimony contracted without two or three
witnesses, and that one of the witnesses to the will be a
parish priest, or the proper curate, if it may conveniently
be, he had no occasion to take the advice of his convoca
tion in this case, because what he required was no more
than what the canon law demanded.

A.D. MCCCCLXIL

PROVINCE OF YORK RECEIVES THE PROVINCIALS
OF CANTERBURY.

WILLIAM Booth, lord archbishop of York, held a convo
cation in his cathedral church, in which the following con
stitution was made. See the present lord archbishop of
Canterbury's State of the Church, p. 374*", &c., and the lord
bishop of Rochester's Eights, &c., of an English convocation,
p. 47 1-

It is to be remembered that the prelates and clergy in
convocation 1462, do unanimously will and grant that the
effects of the provincial constitutions of the province of Can-
terbury had and observed before these times, being no wise
repugnant or prejudicial to the constitutions of York, be
admitted, but not otherwise, nor in any other manner : and
that such constitutions of the province of Canterbury, and
the effects thereof in manner aforesaid, be inserted among
the constitutions of the province of York, and incorporated
to be kept together with them for the future, and be ob
served for law, aas there is great occasion, and as decency
requires.

a Lat., Prout indiget, et decet.

LATIN.

8

* ["The State of the Church and
Clergy of England in their councils,
synods, convocations, conventions, and
other public assemblies, from the con
version of the Saxons, by William
Wake," &c., p. 37-1-5. ed. Lond.

1703.]

f [" The rights, powers, and privi
leges of an English Convocation, by
Francis Atterbury," &c., p. 47. ed. 2.
Lond. 1701.]

JOHNSON.

Ll

A.D. MCCCCLXIII.

ARCHBISHOP BOURCHIER'S CONSTITUTIONS.

LATIN. THE constitutions of Thomas Bourchier, archbishop of

Spelman Canterbury, primate of all England, legate of the apostolical

vol. ii. see, made in the cathedral church of St. Paul's, London, the

[Wiikins, prelates and clergy of the province of Canterbury being then

vo1' "r* i an^ tnere convocated, on the sixth day of July, 1463.

1. Although the disposal of all churches, and of the rights,
persons, and things thereunto belonging, and also of the
goods in pious places, is known by the testimony of the
sacred canons to belong to the bishops, and holiness be
comes God's house, and peaceableness (with due veneration
of Him, by whose peace it was made a place of divine wor
ship), that no disturbance of the minds of Christians, or
execution of the secular law, be in the Church ; yet the im
pudence, or rather rashness of some secular officers in the
province of Canterbury, forgetful of their own salvation, is
grown so abusive to the Church, that sheriffs, under- sheriffs,
bailiffs, a Serjeants, beadles and attendants, by themselves
and their deputies f do compel persons of both sexes staying
in churches, and churchyards, and other places, as is said,
dedicated to God, (perchance) to attend on prayer, to be
arrested and violently torn from thence with the disturbance
of divine worship; sometimes with fighting, and the pollu
tion of the churches under colour of executing a secular
office, by means unfit to be used in churches, to the scandal
and detriment of the churches, and the hazard of their own
souls, and the pernicious example of others. Now we Thomas,

* [Constitutiones in concilia Londi- 147.]

nensi e.dita sexto die mensis Julii, anno f [Johnson omits, hiis diebus plus

Domini MCCCCLXIII. Ex reg. Bourcbier solito, S. W.]
fol. 19. b. et reg. Alcock Wigorn. fol.

A. D. 1463.] BOURCHIER'S CONSTITUTIONS. 515

by divine permission archbishop of Canterbury, desiring, as
we are bound, to apply a remedy against such abuses to such
as have reprobated the law of God and His holy Church,
and lest we should seem to approve of it, do by authority of
this present provincial council ordain and prohibit any secu
lar officer by what name soever called, to arrest in any civil
or pecuniary action, or to force out of a church or any sa
cred place, and particularly the church of St. Paul's, London,
(especially while divine service is there celebrated,) any man
or woman, under pain of excommunication. And if any
sheriff, under-sheriff, mayor, bailiff, serjeant, beadle, at
tendant, or other secular officer, under whatever name he
passes, be a rash violator of this our statute, or give autho
rity, help or consent to such violation, we will that he do
ipso facto incur the sentence of the greater excommunication,
not to be absolved from the same till they have made com
petent satisfaction to the persons and churches injured. And
we make a special reservation of their absolution to the dio
cesans of the places. And we will that they be bound in the
same sentence who lay violent hands even on a layman in
churches, or other consecrated places.

a Lat., Satrapce. Yet I have ventured so to turn it, since it comes be
tween ballivi and bedelli. It is scarce credible how the Latin tongue
was debased by the ecclesiastics of this age. You have the same word
below in the same situation, which makes me believe that it is no error in
the scribe or press.

2. Although in this catholic and glorious kingdom of
England, the preachers of the Word of God have suffici
ently considered and declaimed against the new ill- contrived
fashions of apparel of the clergy and people for several
years, by reproof, reprehension and entreaty, according to the [2 Tim.
Apostle's doctrine ; yet few or none desist from these abuses, 1V' 2'^
which is much to be lamented. It is fit then that they who
are not reclaimed by divine love be restrained by fear of
punishment. And if we who by divine permission are set
over others to reform them, neglect to reform ourselves and
clergy, we fear, lest the people subject to us, observing that
our lives and manners differ from our sermons, do thence
take occasion to distrust our words, and so be prompted,

516 BOUIICHIER'S CONSTITUTIONS. [A. D. 1463.

which God avert, to contemn the Church of Christ and His
ministers, and their sound doctrine and authority. Desiring
therefore to apply a remedy to this evil, so far as God en
ables us, that we may not be to answer for it at the last
day, we do by our metropolitical authority, with the unani
mous assent and consent of our venerable brethren the lords
the bishops, and of the whole clergy of the province of Can
terbury, by a decree of this present provincial council, enact
and ordain 'that no priest, or clerk in holy orders, or bene-
ficed, do publicly wear any gown or upper garment, but
what is close before, and not wholly open, nor any bordering
of skins or furs in the lower edges or circumference : and
that no one who is not graduated in some university, or
1 [Rather possessed of some ecclesiastic dignity, do wear a bcap! with a
cape, nor a double cap, nor a single one with a cornet, or a
short hood after the manner of prelates and graduates (ex
cepting only the priests and clerks in the service of our lord
the king), or gold, or any thing gilt on their girdle, c sword, dag
ger, or purse. And let none of the abovesaid, nor any domes
tics of an archbishop, bishop, abbot, prior, dean, archdeacon,
or of any ecclesiastical man who serves them for stipends,
or wages, and especially they who serve in a spiritual office,
wear ill-contrived garments scandalous to the Church, nor
d bolsters about their shoulders in their doublet, coat, or
gown, nor an upper garment so short as not to cover their
middle parts, nor shoes monstrously long and turned up at
the toes, nor any such sort of garments'*. If any trans-

' * [ne quis sacerdos, aut clericus, exterius aureum deauratumve gerat,

in sacris ordinibus constitutus, vel ad nee coinam nutriat, sed habeat coronam

beneficium ecclesiasticum promotus, suo gradui convenientem. Et ne quis

togam, sea superiorem veslem gerat dictarum personarum, seu familiarum

nisi clausam a parte anteriori, et non domesticarum archiepiscopi, episcopi,

per totum apertam, neque in fimbria, abbatis, prioris, decani, archidiaconi,

aut circumferentia inferior! ejusdem seu cujus vis alterius ecclesiastic! viri

borduram habeat de pellibus aut furra- ad vadia et stipendia cuiquam eorun-

turis; et ne quis in aliqua universitate dem serviens, et maxime ille qui spiri-

non graduatus, nee in aliqua dignitate tuali officio inservit, deformes vestes,

ecclesiastica constitutus presbyteris, et et ecclesiae scandalosas ; neque in di-

clericis in servitio domini regis dun- ploule, tunica, aut toga farcimenta,

taxat exceptis, caputium penulatum, Anglice " Bolsters" circa humeros ;

aut alias duplex, vel de se simplex neque vestem superiorem adeo brevem,

cum corneto vel liripipio brevi, more quse pudenda non tegat et operiat ; aut

praelatorum et graduatorum, nee utatur sotulares, nimium rostratos de caetero

liripipiis aut typpets a serico vel panno in publico deferat; aut quovis genere

circa collum in publico, aut in zona, talium vestiturarum uti prsesumat.

ense, vel sica, vel marsupio, quicquam W.]

A.D. 1463.J BOURCHIER/S CONSTITUTIONS. 517

gressor of this statute and ordinance be discovered after a
month from the publication thereof, let him be wholly de
prived of the perception of the profits of his ecclesiastical
benefice, if he have any : if he have none let him be wholly
deprived of his office or service, whether he be clerk or laic,
till he reform himself. And let the lord or master, who re
tains such an unreformed transgressor, or receives him again
anew, take upon his own conscience the burden and peril be
fore the supreme judge. And because we ourselves are dis
posed to use all diligence toward the observance of this con
stitution in our own person, as God shall give us His grace,
'we do in the Lord exhort all our venerable [brothers1] the l [Ed.]
lords, the bishops, and other inferior ecclesiastical persons,
we admonish all and singular persons subject to us in virtue
of strict obedience, in the same Lord*, that they so behave
themselves in this respect as may be to the praise of Al
mighty God, and for the avoiding scandal to His Church;
that we may not hereafter be forced to aggravate the penal
ties of this constitution.

b Caputium penulatum. Lat.

c From hence one would be apt to think that clergymen now wore
swords. The Oxford articles for reformation, A.D. 1414, mention Armigeri
promoti, and describe them as young men Armis insolentes, qui nee horas
dicunt canonicas, nee habitu vel tonsura distinguuntur a laicis, qui pra-
bendas occupant et capellas. MS. Ben. Col. No. 183. And again toward
the end, they speak of some as Clerici nomine, milites habitu, actu neutri-\:

'* [venerabiles fratres nostros do- nicas, nee babitu vel tonsura distin-

minos episcopos in Domino exborta- guuntur a laicis, prsebendas in Eccle-

mur, casterasque personas ecclesiasticas sia occupant et capellas ; igitur ne de-

inf'eriores, omnes et singulas nobis sub- teriora contingant, deponant praelati

ditas, in virtute districtae obedientiae desidiam, et legis edictum aspere exer-

firmiter in eodem monemus, W.} ceant contra tales.

f [Tbe following is the title of the Quadragesimus quintus, de nimio ap-

articles in Wilkins, together with the paratu clericorum.
two passages to which Johnson refers : Quia quidam solo nomine clerici,

" Articuli concernentes reformation em habitu milites, actu neutri, et duin

universalis ecclesite editi per universita- utriusque ordinis esse cupiunt, utrum-

tem Oxon. Ex MS. coll. corp. Christi, que deserunt et confundunt; qui tot

Oxon. n. 183; collat. cum MS. Cott. inortihus digni sunt, quot suos subditos

Faust. C. 7. fol. 218. seq." exempla perditionis transmittunt ; pla-

Qidntus-decimus, de promotis armi- ceat ergo ordinare, quod luxus vestium

geris. splendidarum, et ornatus superfitius a

Cum cedat ad subversionem et scan- viris ecclesiasticis et eorum vernaculis

dalum antiqui regiminis ecclesiae ma- tarn per pcenas dictatas, quain actu

tricis, quod juvenes tanquam arnrigeri secutas sit efFectualiter interd:ctus.

insolentes, qui nee horas dicunt can; - \Vilkhis, vol. iii. p. 360, 362, 3(>a.]

518 BOUKCHIER/S CONSTITUTIONS. [A.D. 1463.

and it seems plain, that these swords or daggers were not forbidden, at
least not to them who were in the king's service.

d This word is expressed in English, and therefore there can be no mis
take in it. It is commonly said, that in (king shall I call him ?) Richard the
Third's days bolsters on the shoulders were in fashion, that men might
seem to imitate that prince in his deformities, or lest it should seem a
fault in subjects to appear straighter than their monarch. This, if true,
was a fulsome flattery in all, especially in ecclesiastics. And it is probably
true, that this practice prevailed in Richard the Third's usurpation : for
this constitution was made but about twenty years before he took posses
sion of the throne. But then it must not be said that it began in his
reign, but might then be continued in complaisance to the monstrous
tyrant.

A.D. MCCCCLXVI.

ARCHBISHOP NEVIL'S CONSTITUTIONS.

THE constitutions of a George Nevil, archbishop of York, LATIN.
made in a provincial synod in the metropolitical church of speriman)
York on the 26th day of April in the year of our Lord vol. ii.

-t A /-»/-» P* 699"

1466. Wilkins,

vol. iii.

a Brother to the earl of Warwick the king-maker: this archbishop p. 599*.]
had King Edward IV. prisoner some time. But the king revenged his
own cause effectually afterwards.

George, by divine permission archbishop of York, primate
of England, and legate of the apostolical see, to all and sin
gular abbots, priors, ministers, rectors, vicars, and other
prelates of churches, and to all clerks and laymen of our
diocese and province of York, eternal health in the Lord.
Though some constitutions very useful for the preservation
of ecclesiastical liberty and the guarding of faith have been
made and lawfully published by our predecessors the arch
bishops of York in the provincial synods celebrated by them,
yet the old enemy envying the welfare of the faithful, and
always suggesting and adding new evils to old ones, in
order to carry the more with him 'to [the infernal] gaol t,
labours daily with strange arts to subvert the orthodox faith,
disturb the quiet of men, and demolish ecclesiastical liberty :
we therefore desiring to obviate the attempts of the devil,
and the evil deeds of men, for the guarding of faith, increase
of the same, the reformation of manners, and the defence of

* ["Concilium provinciate Ebora- note:

cense infra ecclesiam metropolitanam Concilium hoc absque brevi regio ex

Eboracensem die 26. mensis ^prills, variis causis, Eeclesiae statum et liber-

A.D. 1466, celebratum ; in quo consti- tatem concernentibus, coactum fuisse

tutiones seqiientes a Georgia Nevill, testa tur registr. iv. dec. et capit. Dunel.

archiepiscopo Eborum, editae. Ex MS. fol. 165 et 166.]
Cotton. Vitellius A. ii. fol. 160." To f [ad tartara, W.]
this title Wilkins appends the following

520 NEVII/S CONSTITUTIONS. [A. D. 1466.

ecclesiastical liberty, with the consent and assent of our suf
fragans and prelates, and of the clergy of our province, have
caused these constitutions which we publish, to be made,
and add them to those which had been made before. And
we will, that they be written and incorporated among the
other provincial statutes, and that they be firmly observed by
all our subjects of the province of York.

1. baThe ignorance of priests," &c., the same with the
ninth of Archbishop Peckharn, 1281. I can observe no re
markable difference, save that the York copy is very full of
errors and chasms.

b It seems strange that these constitutions, transcribed from those of
the province of Canterbury, should need a new sanction, when they had all
been received here but three years before ; but just so the English Church
received the pope's canon law, and yet in almost every provincial synod
some particular parts of it were reinforced, though our bishops did not tran
scribe verbatim, as those of York here do those of Canterbury. And the truth
is, the canon law of the pope was received here with as much reserve as
the northern province here received those of the southern, though they
did not so freely express their reservations as these northern bishops
did in their constitutions, 1463. It is sad to consider that in a hundred
and twenty years' time the English clergy had gotten no better constant
instructions for the people than those of Archbishop Peckham.

2. cThe same with the fifth of Archbishop Stratford, 1343,
for the tithe of timber-trees.

c King Edward IV. in the second year of his reign, viz., 1462, had by
his charter to the Church and prelates expressly granted the tithe of tim
ber trees, and promised that his courts should not send prohibitions to the
ordinaries in such cases ; yet it seems this archbishop saw occasion to
reinforce this constitution within four years after the granting of that
charter. It is farther observable that this prince in that charter confirms
all the pretended liberties of the Church, and particularly as to the pro
ceedings of their court, (maugre all prohibitions, and without any consul
tation,) and freeing all clerks from any imprisonments, attachments, or in
dictments by any secular power : nay, he sets aside all premunires and
other penalties incurred by prelates in the exercise of what they called
their liberties, " any statutes of his predecessors notwithstanding :" and I
can see no reserve that he makes but only that of two lines, viz., that this
present grant shall in no wise be extended to the obtaining of benefices,
or exemptions, or capacities with a monk's portion* (the meaning whereof
I take to be, that none shall get a benefice Trom the pope by any pro-

* [Wilkins, vol. iii. p. 583-5.]

A. D. 1466.]

521

vision of his, that no religious house shall purchase of the pope an exemp
tion from the jurisdiction of the ordinary, nor any monk a capacity of a
secular dignity, or benefice in the Church to he held together with his
place in the monastery), yet Archbishop Nevil complains heavily of the in-
iVingements of these liberties, const. 4, 5, and in the same words that
Archbishop Stratford did above a hundred years before. In a word,
either Edward the Fourth had an ill memory, as his father had before
him, or else Westminster-hall over-ruled the royal prerogative. In
truth HI. my kings made such promises to the clergy upon their first ac
cession, which yet afterwards they found occasion to break.

3. The same with the ninth of Archbishop Stratford, 1343,
against fraudulent deeds of gift.

4, 5. Are the same with the twelfth of Archbishop Strat
ford,, 1343, mutatis mutandis against the obstructors of eccle
siastical process.

6. The same with the last of Archbishop Stratford, 1343,
against fraudulent suits.

7. Though by the statutes of the d general council, and of
Pope Clement, it is expressly forbid that equestors be any
where admitted without shewing the letters of the pope or
diocesan ; or to preach any thing to the people but what is
contained in those letters, and that after the apostolical
letters have first been carefully examined by the diocesan :
yet some questors with extreme impudence, and to the de
ception of souls, have granted indulgences to the people from
a motion of their own, have dispensed with vows, have ab
solved from murders, perjuries and other sins, have remitted
what has been stolen for an uncertain sum of money given
to them, have relaxed a third or fourth part of penances en
joined, have falsely affirmed that they have drawn three or
more souls of the parents and friends of those who have
given them alms out of purgatory, and conveyed them to the
joys of paradise, have given plenary remission of sins to their
benefactors in the places where they were questors, and, to
use their own words, have f absolved them from all punish
ment and guilt : B Clement the pope aforesaid, in the council
of Vienne hath wholly forbidden such abuses to be attempted
for the future, and revoked all privileges entirely by apo
stolical authority, if any such were granted in the premisses,
or in any of them, to some places, orders, or persons of que
stors of this sort, willing that the questors, if any of them

522 NEVII/S CONSTITUTIONS. [A. D. 1466.

offend in the premisses, or in any other manner abuse their
privileges, should be punished by the bishops of the places,
their privilege not at all availing them in this respect. Yet
these questors now-a-days, intoxicated with covetousness, ex
tort money by fetches of wit, they try their aforesaid im
positions, and attempt the like or greater ; that is, they ab
solve such as are excommunicate by ecclesiastical judges,
and remit public solemn penance inflicted by the ordinaries
of places for public excesses, or at least defer their coming to
church on such days as were assigned for the fulfilling of
their penance ; and bury those who murdered themselves
in the churchyards, and commit some other enormities by
which ecclesiastical censure is vilified, and the authority of
the keys of the Church brought into contempt. We there
fore desiring fully to abolish these abuses, do will and charge
that the h statutes of the councils aforesaid be firmly observed
in our diocese and province; and when such letters apo
stolical have been examined by the bishop, and a schedule
of the indulgences [to be preached] in writing annexed to his
letters, let nothing be proposed or preached by such questors
but what is contained in the schedule aforesaid. But if any
questor do presume to attempt any of the abuses aforesaid,
or in any respect to act contrary to this our constitution, let
him be wholly removed from his office, and never admitted
to it again. And if any rector, vicar, or chaplain1 admit any
such questor [to preach] in his church or chapel, contrary
to the form of the councils, let him be bound to pay forty
shillings penalty of lawful money of England, to be applied
to the fabric of the metropolitical church of York. Yet by
this we intend no prejudice to be done to those who have
episcopal jurisdiction.

d Lateran, A.D. 1215, c. 62*.

e These were commonly, and justly in England, called pardon-mongers.
They were friars employed by the pope, bishops, or both, for the raising
money towards building of churches, and the like, and were authorized to
assure the people of so many days or years of pardon, upon condition that
they gave a certain sum of money toward the intended work. They had
considerable privileges, with which they were not content, but were still
mlargmg of them. At last the pope made use of them for raising money

* [Concil., torn. xxii. col. 1050.]

A. D. 1466.] NEVII/S CONSTITUTIONS. 523

to fill his own coffers, or to raise portions for his nieces. The extra
vagancies of these friars gave rise to the Reformation : therefore the
council of Trent had good reason to suppress the practice and very name
of questors. Sess. 5. c. 2 ; Sess. 21. c. 9 *.

f Pope Clement V. in the council of Vienne charges them with these
very words, which import a full and perfect absolution, whereas their
commission was always limited to certain terms. See Clementine, lib. v.
tit. 7. c. 1 f.

8 The main of the five Clementine books is taken out of this council of
Vienne, which was holden in the year 1312. But see especially lib. iii.
tit. 7. c. 2 f.

h See notes d, f, g.

j In Sir H. Spelrnan is added vel curata : perhaps it should be curati%.

8. Whereas some parishioners of our diocese are so per
verse that they refuse to contribute to the fabric of their
mother parish church, thinking that they are to be excused
from every thing of this sort on account of their contributing
to the fabric of k chapels within their parishes : we consider
ing that the said parishioners were bound to contribute to
their church before, and more than to their chapel, there
upon we ordain that though the said parishioners contribute
to the repair of their chapels, yet that they be in no wise ex
cused from contributing to the fabric of their mother church,
and supporting the other burdens thereof, but be bound to
contribute at the discretion of the ordinary : and that if they
refuse so to do after lawful admonition given in this respect,
let the said chapels be interdicted, and no divine offices there
celebrated, until the parishioners effectually take these bur
dens on themselves, or give security for the doing thereof.

k These were clearly chapels of ease voluntarily erected by the in
habitants by leave of the ordinary ; and it was sufficient that they who
retained to these chapels were excused from going to their mother church,
which was at a great distance : therefore it was just upon .their refusal to
put them in statu quoj)j interdicting the chapels.

9. Though ]Othobon of good memory, formerly legate of
the apostolical see in England, very strictly prohibited monks
and canons regular to spend their time alone in their manors
and m churches, commanding all abbots and priors that they
should forthwith call all such home to their convents^ or

* [ed. Romae, A.D. 1564. pp. 29, 138.] f Op. Corp. Jur. Can.]

J [vel curatus, W.]

524 WJfiVIL'S CONSTITUTIONS. [A.D. 1466.

should take care that a nmonk or canon should be sent to
accompany them : or else that the abbots or priors should
be suspended till they obeyed : yet some abbots, priors, and
provosts of the religious, not only permit monks, canons, and
other their subjects, to live out of the verge of their mon
astery, but grant them letters patent of licence to absent
themselves from their monasteries, "and to have beasts and
servants*, and to remain among secular persons; by which
means such subjects have an opportunity of wandering about
contrary to the canonical sanctions and regular institutions.
We seeing these licences0 to be so contrary to decency, and
perilous to the souls of these religious f, do firmly enjoin
and command, that no abbot, prior, provost, minister, master,
or other religious president whatsoever, presume to grant
such licence to his subjects for the future under the penalty
of forty shillings sterling, to be faithfully applied to the
fabric of our metropolitical church of York, beside the
Ppunishment of the legatine constitutions aforesaid. And
we will that the religious vagabond be deemed an apostate.
Yet by this constitution we intend not to derogate from
those who by indulgence of the apostolical see serve their
own churches or chapels, by some one of their own religious
subjects.

1 See this constitution of Othobon in John Athon, p. 146; it is the sixth
in number after those translated by me, 1268.

n That is, parsonages appropriated to their houses.

Monks, and other religious, were never allowed to go singly.

In the Latin here is added, seculares quogue earundem.
p Viz., suspension, as above.

10. Whereas the church, according to the gospel, ought to
be an house of prayer, and the canons and civil laws have
providently enacted out of reverence to God, and for the con
venience of Christ's faithful people, who there continue
in prayer, that no one fleeing thither, or staying there for
the sake of devotion, or on other accounts, should be forced
from thence, or cited, or arrested there, we imitating these
laws to the best of our power, after due deliberation do

I* feC Jnnualia et servitia recipi- resque earundem tarn indecentes, quam
ida, VV. bpelman has ammalia.'] animabus eorundem religiosor urn peri -

>s hujusmodi licentias secula- culosas esse conspicientes W 1

A.D. 1466.]

NEVIL S CONSTITUTIONS.

525

ordain thatq no ecclesiastical or secular person do arrest,
cite, force out, or cause to be arrested, cited, or forced out,
any man that is in any church, while divine offices are there
celebrated, on occasion of any action or plaint, under pain of
the greater excommunication, which we will, that the offender
in this point do incur ipso facto.

* The statutes 50 Ed. III. c. 5 *, and 1 Rich. II. c. 15 f, do forbid ar
rests in churches and churchyards, but not citations ; and farther, those
statutes were clearly made for clerks only, and above all, the remedy by
these statutes is only the imprisonment of the offender, and a composition
with the party arrested : these acts being deficient as to these particulars,
(especially because catch-poles are commonly men of no estates, and there
fore able to make no pecuniary satisfaction,) therefore Archbishop Nevil
supplies them, as far as was possible, by an ecclesiastical authority.

11. The same with the sixth of Robert Winchelsey in the
year 1305, beginning at " Whereas therefore by the command
of Holy Scripture, &c.{" The most remarkable difference is,
that this constitution does not mention " tithe of wine," as

* [Statutes of the Realm, ed. 1810,
vol. i. p. 398.]

f [ibid., vol. ii. p. 5.]

J [Cum, sacro eloquio jubente, de
omnibus, quae novantur per annum, et
nullo tempore excluso decimae sint cum
omni integritate absque diminutione
solvendae ; omnibus et singulis recto-
ribus, vicariis, capellanis parochialibus,
et ecclesiarum parochialium curatis,per
nostram provinciam constitutes, in vir-
tute obedientiae mandamus, firmiter
injungentes, quatenus diligenter mo-
neant et efficaciter inducant, et quilibet
ipsorum in parochia sua moneat et in-
ducat, quod dicti parochiani omnes
decimas, inferius annotatas, suis eccle-
siis persolvant; videlicet decimam lac-
tis seu lacticinii a primo tempore suas
innovationis, tain in mense Augusti,
quam in aliis mensibus ; de proventi-
bus etiam boscorum, virgultorum, pan-
nagiis sylvarum, vivariorum, piscaria-
rum, fluminum, stagnorum, arborum
prostratarum et excisarum, pecorum,
columbarum, seminum, fructuum, et
besti arum, warennarum, aucupii, hor-
torum, curtilagiorum, lanae, lini, croci,
grani, terrescidiorum, et carbonum, in
locis ubi fabricantur et fodiuntur, cyg<
norum. et caponum, aucarum, anatum,
ovorum, agrorum, apum, niellis et cerge
proventuum, molendinorurn, venatio-

nurn, vellerum, artificiorum, negotia-
tiomim, necnon et agnorum, vitulorum,
pullorum equinorum, capriolorum, et
aliorum foetuum animalium, tune ad
decimam dandorum, cum se alendo in
pascuis a matribus separatis commode
vivere possint. De fructibus et garbis,
quarreris, calce, mineris ; de nutrimen-
tis animalium, pascuis, pasturis, tarn
communibus, quam non communibus,
secundurn numerum animalium et
dierum,* sicut expedit ecclesioe ; de
fceno, ubicunque crescit, aut in semitis,
magnia pratis sive parvis, secundum
verum valorem ; et de omnibus pro-
ventibus aliarum rerum de caetero sa-
tisfaciant competenter ecclesiis, quibus
de jure tenentur, nullis expensis ratione
praestationis decimarum deductis seu
retentis, nisi tantum de praestatione
decimarum, artificiorum, et negotia-
tionum : quodsi monitionibus hujus-
modi parere contempserint, per sus-
pensionis, excommunicationis, et inter
dict! sententias per ordinaries locorum
ad prsestationem decimarum praedicta-
rum cornpellantur; consuetudine con-
traria nequaquam obstante, quae pec-
cata non minuere sed augere dignosci-
tur. Dat. in synodo provincial! cele-
brata in ecclesia metropolitana Eborum
26. die mensis Aprilis, anno Domini
MCCCCLXVI. Wilkins, vol. iii. p. 604.]

526 NEVII/S CONSTITUTIONS. [A.D. 14GG.

the other does, but speaks of tithe of coal where they are
dug, which is not in the other, and likewise " tithe of saffron."
It ends with these additional words, " A contrary custom in
any wise notwithstanding, for that does not lessen sins, but
increases them. Dated in the provincial synod celebrated in
the metropolitan church of York, A.D. 1466." Then it pro
ceeds to Archbishop Kemp's constitutions, in the form before
given to the reader, "Upon examining the registers," &c.
See 1444.

A.D. MCCCCLXXXVI.

ARCHBISHOP MORTON'S CONSTITUTION.

DECREE of John Morton, archbishop of Canterbury, and ^Sir^
legate of the apostolical see, in the convocation of the pre- p. 712.
lates and clergy of the province of Canterbury holden in ^j1^1"8'
the church of St. Paul's, London, on the thirteenth day of p. 619*.]
February, in the year of our Lord's Incarnation 1486, and
of his translation the first.

Because, According to the bHoly Scripture " a concern for
the dead is holy, and wholesome/' and we are bound to do
good, " especially toward them of the same house ;" with the [Gal. vi.
approbation of this council we ordain, that when for the
future any one of our brethren the bishops happens to die,
and his death is notified to the surviving bishops, every
bishop of this province so surviving him, so soon as conveni
ently he can and within a month after notice of his death, be
bound to say, by himself, or by some other, the exequies and
six masses for the soul of the deceased bishop t, as he desires
to escape the c punishment imposed by the canons on wilful
transgressors.

R See const. 8. of Peckham, 1279.

b 2 Mace. xii. 46. sancta et salubris coyitatio. Vulg. \

c I find no particular punishment assigned either by the canon law or

our constitutions for this omission : therefore I suppose it was left to the

discretion of the archbishop.

* ["Ex reg. Morton, fol. 33. seq."] J [Sancta ergo, et salubris est cogi-

f [Compare in Johnson's former tatio pro defunctis exorare, ut a pecca-

volume, Canons of Cealchythe, A.D. tis solvantur. 2 Mace. xii. 46.]

816, 10.]

A.D. MDXIX.

PREFACE. POPE LEO'S RESCRIPT TO ARCHBISHOP
WAR HAM.

As I began with Pope Gregory's answers to Augustin the
first archbishop of Canterbury, so I shall end with a rescript
of Pope Leo the Tenth, to the last archbishop of Canterbury,
before our renunciation of all subjection to the see of Rome :
by which it will appear that in the nine hundred years which
this Church of England continued in a state of dependence
on that of Rome, our archbishops had made very small
improvements in the knowledge of things that were even
most frivolous and indifferent, and that Archbishop Warham
was as far to seek in the conduct of himself in relation
to the government of the Church, as his first predecessor in
the see : for none of those questions which he sent to Pope
Gregory to be resolved were less difficult or weighty than
this of Archbishop Warham to the present pontiff. But
Gregory was a great divine, and sufficient of himself to
answer the archbishop's enquiries; whereas Leo came as
much behind him in knowledge as he did in years; and
could not determine so easy a point without the advice of
his brethren.

I have taken notice of very few of the popes' bulls or
letters, as being of very little consequence to the designs
which I had in view. I have particularly passed over the
constitution of Paul the Second against alienating, or letting
long leases of church-land; and of Sixtus Quartus in the
year 1476, against the violators of Church liberties, and In
nocent the Eighth's letter to Henry the Seventh on the same
subject. I shall only here make this general remark on
them, that the privileges which the prelates and clergy then
assumed, were so unreasonable and extravagant, that though

PREFACE. 529

kings on their advancement to the throne saw it necessary to
promise they would guard and observe them in order to secure
so great an interest as that of the clergy ; yet they afterwards
found it unpracticable to be true to their engagements, un
less for the sake of the clergy they would incur the ill-will of
the rest of the nation, and in effect unking themselves. And
though popes to secure themselves were always ready to
swagger and speak big in behalf of the liberties and immu
nities of the Church and clergy ; yet there was so flat a con
tradiction to common justice, and even to common sense in
many of them, that it was impossible for the greatest autho
rity that ever was, without downright violence, and external
force, always to maintain them in a nation so sensible of
wrong, as the English are ; and though popes pretended a
zeal for the liberties of the clergy, yet they often counte
nanced the state's oppressing of them in some particulars,
that themselves might be suffered to do it in other points.
But I choose to conclude with the following rescript to shew
my reader what poor jejune informations and instructions we
received from Rome in exchange for vast sums of money,
which we yearly transported thither: for my reader is to
consider this, though as very trifling, yet as one of the most
valuable, or at least innocent sort of rescripts that came
from thence.

JOHNSON.

A.D. MDXIX.

POPE LEO'S RESCRIPT TO ARCHBISHOP WARHAM.

LATIN. To our venerable brother William, archbishop of Can-
Spelman terbury, legate born to us and to the apostolical see, pope
voi.iL » Leo the Tenth. Venerable brother, health and apostolical
[Wiikins, benediction. Your care has prompted you to ask of us on
p°683» ] wnat day vou ought t° enjoin a fast to your people, since on
this year the vigil of the Nativity of the blessed John Baptist
falls on the feast of the most holy Body of Christ : having
therefore taken mature deliberation bwith our brethren on
this point, we think fit thus to answer you, viz., that we
ordain by this constitution for ever to endure, that the vigil
of the nativity of the blessed John aforesaid, when it falls on
the \ut suprab] feast of the Body of Christ (in which the re
membrance of our Saviour, on whom our salvation depends,
is called to mind), in regard to so great a festival solemnity,
the Wednesday ought to be fasted, and is to be fasted as
that vigil : and we command, that for the future it be so
observed by all, when the said vigil falls on the feast of the
Body of Christ: therefore you our brother shall command
the people committed to you throughout the province of
Canterbury, and your suffragans, that on the present, as
well as all future years, in which the vigil of the said John
Baptist shall fall on the feast of cthe Body of Christ, they
fast on the foregoing day, that is, Wednesday, and observe
that as the vigil in veneration and devotion to the said
Nativity. Dated at St. Peter's, Rome, under the seal of the
fisher, on the nineteenth day of February, 1519, in the sixth
year of our pontificate.

8 This was that pope who granted those extravagant indulgences, which
provoked Martin Luther to preach against them, which he began to do

* [" Declaratio jejunii vigilice sancti Johannis Baptists, contingentis in die
Corpora Christi. Ex reg. Warham, fol. 26. b."J

A.D. 1519.] POPE LEO'S RESCRIPT, &C. 531

about two years before the date of these letters. And violent agitations
were thereby caused at this time in Germany, Italy, and other places.

b Though Pope Leo was allowed to be a very polite man, and excelled
in human learning, yet his defects in ecclesiastical knowledge were noto
rious : he was so far from practising religion, that he did not know it :
but he was of a very noble family, and this answered all objections.

0 The feast of Corpus Christi was always on the Thursday in the week
next after Whitsun-week. If this feast had a vigil assigned to it, there
might have been a question raised whether the two vigils could have been
kept on the same day ; but Midsummer- day having a vigil and Corpus
Christi none, I cannot see any grounds that our archbishop had to doubt,
but that the vigil of Midsummer was to be anticipated, the other feast in
tervening, according to the old rule, that if a vigil fall on a Sunday it
is to be kept on the foregoing Saturday : for by parity of reason, if a vigil
fall on a holyday, it is to be kept on the day foregoing that holyday. See
Decretal., lib. iii. tit. 46. c. 1.

M m

APPENDIX.

WILKINS, CONCILIA, vol. iii. p. 523.

A.D. 1434*.

Papse Rom. Archiep. Cant. Anno Christ! Reg. Angliae

Eugen. IV. 4. Henr. Cliicheley, 21. 1434. Henric. VI. 13.

Convocatio pr&latorum et cleri provinciae Cant. 7 die mensis
Octobris in ecclesia S. Pauli London. Ex reg. Chicheley,
p. ii. fol. 99. seq.

PERLECTO mandate archiepiscopi miserrimum ecclesise statum de-
flente, et aliis juxta formam consuetam recitatis, secundo concilii die
dictus reverendissimus pater in domo capitulari antedicta, assisten-
tibus sibi tune ibidem Elien. Norwic. Cicestren. et Assaven. episcopis,
ac aliis prselatis et clero suo provincise ibidem tune congregatis,
causam convocationis suse ea vice coram eis omnibus exposuit, et
istam postissimam esse declaravit ; viz. quod jurisdictio ecclesiastica
per brevia regia et alias vias exquisitas et imaginata brevia plus
solito perturbata extitit et impedita, et prsecipue per brevia ilia de
" Prsemuniri facias," quse nonnisi infra paucos annos in aliqua ma-
teria infra regnum aliquem habebant cursum ; ac etiam quod mi-
nistri ecclesise per inditamenta falsa, et alias vexationes injustas
indies opprimitur. Sicque sancta mater ecclesia Anglicana, quae in
suis libertatibus olim pollebat, floruit, et alias ecclesias antecellebat,
nunc in praemissis et aliis gravaminibus quampluribus tam in se,
quam in suis ministris non modicum est depressa, et a sua (quod
dolendum est) nimium collapsa dignitate. Unde ut cum ipsorum
prsesidio pariter et consilio, remedium valeret apponere in prsemissis ;
ipsos omnes tune fecerat, ut asseruit, convocare. Et tune habita
communicatione super hujusmodi gravaminibus, ordinatum erat tune
ibidem, ut hujusmodi gravamina, ac alia qusecunque, in quibus dictus

* [See in this vol. p. 493, note *.]

534 APPENDIX.

clerus se sentiit gravari, necnon si quse forent crimina et excessus
infra clerum usitata, quae necessaria reformatione indigerent, in
scriptis redigerentur, ut super hiis omnibus, ex communi consensu,
consilio, et auxilio remedium posset debitum adhiberi. Quibus sic
factis, dominus continuavit convocationem suam usque in crastinum,
diem Sabbati ; et sic de die in diem continuata erat convocatio usque
in 19 diem Octobris ; tractando et imaginando media diversa, quibus
possent prsemissa reformari. Et interim deputati erant quidam in
utroque jure doctores et bacalarii, viri scientific!, qui hujusmodi
gravamina conciperent, ac querulantes quoscunque de clero de gra-
vaminibus et injustis vexationibus in eorum partibus audirent, et
ipsam redigi facerent in scripturam. Quse postea in magno arti-
culorum numero in scripturam redacta fuerant per ipsos deputatos,
et coram domino et confratribus suis, ac clero producta, et in pub-
lico ibidem perlecta, et super eis tractatus et advisamenta diversa
adhibita, sed finaliter tamen super hujusmodi gravaminibus nullum
adhibitum erat, nee consecutum est remedium effectuale. Nam in-
stante protunc in civitate London, pestilentia gravi, desideravit
clerus, ut dominus vel convocationem suam dissolveret, proroga-
retve, seu ad alium locum transferret, asserendo per suum prolocu-
torem, viz. mag. Thomam Bekyngton pra3dictum, non sani esse
consilii dominum, et prselatos, ac clerum ibidem pro tune congre-
gatos sub tali pestifera constellatione diutius expectare. Ipso tamen
die, viz. 19 die -mensis Octobris, dominus ex consensu venerabilium
patrum confratrum suorum, viz. Elien. Bathon. Lincoln, et Cices-
tren. episcoporum ; et ad petitionem cleri, ob honorem sanctse Fri-
deswidae, almse universitatis Oxon. specialis advocatse ; festum ip-
sius ipso die singulis annis cum ix. lectionibus et aliis quse ad hujus
modi festum, cum regimine chori, secundum usum Sarum pertinent,
per totam provinciam suam perpetuo celebraretur. Et habita ipso
die etiam aliquali communicatione de excessivis stipendiis capella-
norum, et de vagationibus presbyterorum de una patria ad aliam,
contra constitutiones provinciales in hac parte editas, continuata fuit
convocatio usque in crastinum.

Quo die mandavit mag. Thomse Bekyngton, et aliis diversis de
clero, ut articulos illos de generali sententia, quse consueta est
quater in anno per curatos ecclesiarum publicari, et solenniter de-
nunciari, conciperent in lingua materna, sub breviori modo, quo
possent, et ipsos coram eo et confratribus suis ostenderent et ex-
hiberent die Veneris proximo, viz. 22 die Octobris, ad quern diem
continuata erat convocatio, et ab illo die usque in crastinum diem,
viz. Sabbati. Quo die producti erant articuli memorati, qui post-
quam lecti erant coram domino, et confratribus suis, ac clero prae-

APPENDIX. 535

dictis in dicta domo capitulari, et per eos, ut eis videbatur expediens,
correcti et emendati ; dominus de consensu confratrum suorum pree-
dictorum statuit et ordinavit, ut iidem articuli quolibet anno ter, viz.
dominica prima adventus Domini, dominica prima xlmse, et dominica
proxime sequenti festum S. Trinitatis, deberent publicari, et solen-
niter denunciari in singulis ecclesiis suse provincise per curatos ea-
randem ; quorum articulorum tenor inferius describitur. Quibus sic
factis, ad instantem petitionem confratrum suorum, et cleri, dominus
hujusmodi convocationem suam dissolvit, et feliciter consummavit.
Tenor vero articulorum dictorum sequitur, et est talis :

[Here follow the articles of excommunication in English, as above, p. 494
—6, note *.]

WILKINS, CONCILIA, vol. iii. p. 539.

A.D. 1444-5*.

Papse Rom. Archiep. Cant. Anno Christi Reg. Anglise

Eugen. IV. 14. Joh. Stafford, 2. 1444. Henric. VI. 23.

Convocatio prcelatorum et cleri provincice Cant. 19 die
Octobris in ecclesia S. Pauli London. Ex reg. Stafford,
fol. 28. seq.

REVERENDISSIMTJS tres huic convocandse synodo assignabat ra-
tiones ; propter literas regias, propter quamplurima in ecclesia An-
glicana reformatione digna, et propter subsidium regi concedendum :
hoc tamen viva voce etiam expetiverunt nonnulli consiliarii regii,
intrantes domum capitularern 22 die mensis praedicti; aliis tamen
intervenientibus negotiis, illud concedere distulerunt. Eodem tem-
pore, recedentibus legatis regiis, dominus mandavit pralatis et clero
quatenus super prsemissis et quadam litera pro solemnizatione festi
S. Edwardi, per regiam majestatem sibi destinata, ac quadam sche-
dula stipendia capellanorum, et literas commendatitias eorundem
concernente per clerum ibidem ministrata, diligenter inter se com-
municarent. Cujus quidem literse regia3 et schedulse tenores se-
quuntur in haec verba :

Right reverent fader in God, right trusty, and right well biloved,
we grete you wel. And late you wite, that oure ful grete plesir and
worldly joy were the spirituel and seculier persones of this our *
royaulme to be endowed in vertues and deve devocion unto God, be
the meene whereof we doubte not but that all grace, peas, and pros-

* [See in this volume, p. 501, note * ; p. 505, note * ; p. 506, note f .]

536 APPENDIX.

perite shal growe unto us, and al our reaumes, lordships, and sub-
getts of the same ; and how be it at oure request ye exhorted and
moneshed late all your suffragans, to see and ordeyne certain pro
cessions, and other devotions to be doon wekely for the peas in
al the places of religion, and parish churches of thaire diocises.
Whereupon in our conceit followen and growen specially the graces
that God hath late sent us by waye of mariage, and the meenes of
peas now begonnen betwyx us and oure oncle of Fraunce. Never
theless, to thentent that it may please God to guyde forther, gra
ciously conclude, and perpetually stablishe the said peas, which is so
plesant unto hym, and proufitable to al the worlde ; we pray you
hertily, that in this presente convocation ye, and your said suffragans
see, that the said wekely processions and devocions be continued
hereafter for the wele of the said peas, and for the good spede of
our moost dere and moost entirely welbiloved wif, the quene, and of
al the lordes, and other our trewe subgetts, that we have appointed
to conduyt hir unto our presence at this tymes. And forasmuch as
amongs all other saints, we trust that the blessed and glorious con-
fessour St. Edward is a special patron and protectour of us, arid of
our royaulme, wherof he sometyme bare the coronne, whoos day of
translation is kept as now double feest in holy church only, we, for
the more laude and praising of God, worship of the said glorious
saint, and for thencrece of more devocion amongs christen puple,
pray and exhorte you to decre and ordeyne by thauctorite of the
said convocation, that the said day of St. Edward be kept and ob
served perpetuelly herafter, as double feest, and holy day thourgh
al youre province ; wherein ye shall do unto God right acceptable
service, and to us right singulier plaiser. Yeven under our signet
at our castel of Wyndesore the 15 day of October.

Reformanda in convocation cleri.

1. Imprimis, deliberatum est per clerum, quod pcena constitu-
tionis de presbyteris stipendiariis tollatur.

2. Item, quod constitutio *' Adeo quorundam de dimissionibus,"
observetur, mulieribus conjugatis, et aliis pauperibus, quorum bona
20 marcas non excedunt, duntaxat exceptis.

3. Item, quod addatur pcena ad constitutionem domini Tho.
Arundell contra admittentes aliquos capellanos, literis commenda-
titiis et testimonialibus eorundem non exhibitis.

4. Item quod constitutio domini Henrici defuncti de promotione
graduatorum prorogetur ad decennium.

5. Item, quod abbates et priores non licentient confratres suos,

APPENDIX. 537

quousque habuerint voluntarios receptores ejusdem ordinis vel stric-
tioris, et quod adhibeant diligentiam suam ad revocandum fratres
oberrantes.

6. Et quod nomina collectorum decimse non certificentur per or-
dinarios in scaccarium, nisi adveniente die solutionis, vel biduum aut
triduum ante, quia graviter hiis diebus mulctantur collectores ante
diem.

7. Memorand. an abbates et priores habent contribuere ad ex-
pensas procuratorum ratione ecclesiarum appropriatarum.

Reformanda in parliamento pro ecclesia.

1. Inprimis, reformentur statuta " De prsemunir." et praesertim
propter terminum " Alibi."

2. Item statutum praetensum de grossis arboribus non decimandis.

3. Item, procedatur de remedio contra perjuria, et iniquissimas
inditationes.

4. Item, quod ecclesife pensionarise et portionarise exiles augmen-
tentur de eisdem proc. et solicitat. deput. per clerum super pra3-
missis, custos privati sigilli, secretarius domini regis, mag. Stephanus
Wylton, prsepositus de Stona, dom. Johannes Bothe, officialis curise
Cant.

Sequente die Sabbati adveniente, dominus petiit responsum a clero,
qualiter deliberati fuerant quantum ad subsidium prsetactum domino
regi concedendum ; et quid sentirent de litera regia pro die trans-
lationis S. Edwardi, sub duplici festo futuris temporibus per provin-
ciam suam Cant, celebrando. Et tune mag. Williel. Biconyll, offi
cialis curiee Cantuar. totius cleri prolocutor, supplicabat domino ex
parte cleri, ut hujusmodi dies translationis S. Edwardi, cujus quidem
sancti interventu nedum gentis Anglicanae armata militia, sed et
cleri inermis militia contra hostiles incursus celebriter roboratur, sub
duplici festo per suam provinciam solemnizari posset, de confratrum
suorum consensu concedere dignaretur. Quo quidem die Sabbati
prafatus reverendissimus in Christo pater de consensu confratrum
suorum, et totius cleri prsesentium in dicta convocatione, statuit et
ordinavit dictum festum translationis per totam provinciam Cant,
tarn in ecclesiis, quam extra, ad modum majoris duplicis festi fore
perpetuis temporibus celebrandum, prout plenius in litera, super hoc
auctoritate ejusdem reverendissimi in Christo patris singulis suis
suffraganeis conscripta, inferius continetur.

Cujus quidem literse tenor sequitur in haec verba :
Johannes, permissione divina Cant, archiepiscopus, totius Angliae
primas, et apostolicse sedis legatus, vener. fratri nostro domino Ro-

538 APPENDIX.

berto, Dei gratia London, episcopo, salutem, et fraternam in Domino
charit'atem. Quanquam admonitione divina per beatum David ex-
imium prophetam et regem, de quo per Dominum dictum est, " In-
veni virum secundum cor meum," jubeamur laudare in sanctis suis
Dominum, per quos et quibus intervenientibus, idem Dominus et
Deus noster plerumque pacem populo suo confirmat, interdum pestes
aufert et fames, solidat principatus et regna, confertque victorias ti-
mentibus et diligentibus nomen suum, sed et per quos ex sua mi-
raculosa potentia membris languidorum frequentissime in desperatis
languoribus antidota votiva impertitur salutis ; ipsos nihilominus Dei
sanctos et Dominum in illis specialis devotionis prserogativa im-
mensarum laudum prseconiis et obseqmosis honoribus attollere et
revereri debet, et tenetur omnis ecclesia Christiana, quorum speci-
alibus tuetur patrociniis, et illustratur miraculis gloriosis. Propterea,
quoniam nos nuper, ut divina majestas peramplius, devotius, et ce-
lebrius suis glorificetur in sanctis, in sancta matre nostra ecclesia
Anglicana, quse inter cseteros sanctos beatissimi Edwardi confessoris
et regis, piis confovetur suffragiis, frequentibus irradiatur miraculis,
et cujus olim meritis, ut tradunt historise, regnum Angliae ereptum
fuisse de rabie et persecutione ssevissima paganorum ; in convoca-
tione ultima nostra ex unanimi vener. confratrum nostrorum, ac cleri
consilio et assensu, pensatis, quantum potuit nostra fragilitas, tanti
sancti meritis, necnon devotissimis cbristianissimi regis Henrici sexti
domini nostri supremi multiplicatis instantiis special ib us in hac parte,
cujus gloriosissimi regis et confessoris intercessionibus et patrociniis
sua regnum et celsitudinem tueri non ambigit, constituerimus, decre-
verimus, et ordinaverirnus per nostram Cant, provinciam festum
translationis S. Edwardi regis et confessoris annuatim de csetero sub
duplici officio solenniter observari ; volumus igitur, et vestree frater-
nitati tenore prsesentium firmiter injungendo mandamus, quatenus
festum translationis S. Edwardi prsedicti singulis annis de csetero
solenniter celebretis, et per vestras civitatem et dicecesim faciatis
tarn per clericos, quam laicos modo prsemisso solenniter celebrari.
Volumus etiam et mandamus, quatenus confratribus vestris, et eccle-
si« nostrae Cant, suffraganeis per literas vestras auctoritate nostra et
dicti concilii injungatis et mandetis, quibus et nos simili modo in-
jungimus et mandamus, quod ipsorum singuli idem festum sic, ut
prsemittitur, singulis annis solenniter celebrent, et per suas civitatem
et dicecesim modo praemisso faciant perpetuis temporibus futuris a
clero et populo solenniter celebrari. Et quid feceritis in prsemissis,
nos citra festum Omnium Sanctorum proxime futurum distincte cer-
tificetis per literas vestras, harum seriem habentes, sigillo vestro con-
signatas. Mandamus etiam singulis confratribus nostris prsedictis,

APPENDIX. 539

quod et ipsi singillatim, quatenus prsesens nostrum mandatum ip-
sorum civitatem et dioecesim concernit, nos citra festura natalis Do
mini proxime futurum per suas literas modo consimili certificare non
omittant. Dat. in manerio nostro de Croydon primo die mensis
Octobris, A.D. MCCCCXLV. et nostrse translat. anno tertio.

Et quantum ad prsetactum subsidium, mag. Williel. Biconyll, pro
locutor cleri supradictus, prsesentabat domino, dicto die Sabbati,
quandam schedulam unius integrae decimse domino regi concessse.

Sed dominus rex baud contentus hac decima, mag. Adam Mo-
leyns, custodem privati sigilli, die Lunse sequente ad domum capi-
tularem misit, aliam integram decimam expetendi causa ; ast quia
clerus integram decimam concesserat die Sabbati prseterito, sub ea
conditione, quod dominus statim dissolveret convocationem, petitis
ejus haud responderunt ea vice. Quibus sic factis, " clerus domus
inferioris desiderabat ab episcopis et aliis praelatis sentire suum super
schedula de reformandis in ipsa convocatione per convocationem con-
cepta." Et adtunc dominus Bathon. archiepiscopi ilia vice commis-
sarius, de consensu confratrum suorum religiosorum, et casterorum
procuratorum cleri, manu sua propria subscripsit articulos in eadem
schedula contentos, prout hie inferius continetur :

Ad primum, qui sic incipit : " Inprimis, deliberatum est per cle-
rum," etc., sic est responsum, Quod prselatis et omnibus placet, quod
tollatur ilia pcena, et quod id, quod recipit ultra constitutionem, ap-
plicetur fabricse ecclesise cathedr. nisi per loci ordinarium fuerit super
hoc aliter dispensatum.

Ad secundum, qui sic incipit: " Item, quod constitutio adeo quo-
rundam," etc., sic est responsum per omnes, Istud deferendum usque
alias, propter brevitatem temporis.

Ad tertium, qui sic incipit : " Item, quod addatur pcena," etc., sic
est responsum, Differatur usque alias.

Ad quartum, qui sic incipit : " Item, quod constitutio domini
Henrici," etc., responsum est per omnes, Placet.

Ad quintum, qui sic incipit : " Item, quod abbates et priores,"
etc., sic est responsum, Stetur juri communi.

Ad sextum, qui sic incipit : " Et quod nomina collectorum de
cimse," etc., sic est responsum, Differatur. Et quantum ad refor-
mandum per parliamentum, nominati in dicta schedula fuerunt depu-
tati ad solicitandum dictam materiam. Et incontinenti dominus
London, commissarius domini, dicto die nomine ejusdem dissolvebat
dictam convocationem.

INDEX.

ADVERTISEMENT TO THE READER.

IN this index the greater number every where denotes the set or system of
canons, constitutions, &c., bearing date the year signified by that number.

The lesser number always shews the particular canon, constitution, or article
there referred to. But if the memorial referred to be short there is no lesser
number added.

Pf. denotes the translator's preface, Ps. his postscript to any set. If Lat. be
added, it signifies the preface or postscript translated from the original Latin.

The same figures refer to the canon, constitution, &c., and to the notes on that
canon, constitution, &c.

[The corrections of Johnson's index, as well as the references to the addenda
and the notes of this edition, are put within brackets, the pages being added
when necessary : a few insertions from MS. notes Wrangham are distinguished
by marks of quotation.]

Abbacies, King Henry I. promises to deliver them forthwith to successors,

1107, Ps.
Abbess, to wear nothing more costly than lamb-skins and cat-skins,

1127, 10.

or foxes', 1200, 15. See Nun, Ecclesiastic, Abbot.
Abbots, several deprived upon the Conquest, 1070, Pf.
allowed to speak in council, 1075, 5.
not to create knights, 1102, 17, [see Addenda,]
to dwell with their monks, ibid,
to appoint confessors for their monks, 1102, 18.
to be blessed to their office gratis, 1126, 3.
not to take any thing to farm, 1127, 8.

of St. Mary's, York, deposed for bodily infirmities, 1195, Pf. Lat.
having jurisdiction, not to conclude matrimonial causes without the

bishop, 1237, 23.
to have a seal of office, 1237, 28.

not to permit their monks to be ordained but by the diocesan, 1322, 1.
not to alienate without consent of ^convent*] and bishop, 1444, 2 ; [see
1222, 33.]

* [chapter, ed. i.]

542 INDEX.

Abjuration of heresy enjoined to him that preached it in the place where

he offended, 1408, 3.
Absolution indicative, first mentioned and enjoined, 1268, 2.

to be published as well as the censure, 1268, 28.

not to be given till the man abstains from his sin, 1322, 8.

from all punishment and guilt, pretended to be given by friars, 1466, 7.

of absolution at large, 1343, 9, [note b]. See Reserved cases.
[Adults, who so considered, 1322, 2.]

Adultery, [a clerk] who is convicted of it to be pursued with sentence of
excommunication into any other diocese to which he removes,
1268, 8.
Advocate, a beneficed clergyman might be one, 1237, 29, [note x.]

censured, if he plead against a marriage which appears to be just,
1222, 50.

their oath, and before whom, and how often to be taken, 1237, 29.

certificate from the bishop who took the oath to be shewed, 1268, 26.

none admitted to plead, but they who had studied the law three years,
1281, 25.

procuring a false proxy, how treated, 1281, 13.

to do his office gratis for getting augmentation to a poor vicar, 1439.
Administrators. See Intestates.

Advowson, causes relating to, the right of it claimed by the king,
1164, 1.

and seemingly granted him, 1261, 1.

patron who presents for money deprived of it, 1175, 9. See Patron.
Aydmar, bishop of East Angles, (now Norwich,) deposed, 1070, Pf.
Agelric, bishop of Seolsey, (now Chichester,) deposed and imprisoned, but

acquitted by synod, 1070, Pf. ; 1076, Pf. Lat. [Addenda.}
[Ages of man, 1322, 2, note *, p. 335.]

Aldred, archbishop of York, held Worcester with that see, 1070, Pf.
Almnery, houses and provision made for the poor.

forfeiture to be applied to the archbishop's of York, 1347, 1.
Almoner, an officer in religious houses, 1222, 44.

every bishop to have such officers, 1222, 2.
Altar to be of stone, 1071, 5.

that and all near it to be decently kept, 1222, 11 ; 1322, 4, 5.
Altar-cloths, by whom to be washed, 1322, 5.
Anathema against sodomites, 1102, 28.

against him that holds two archdeaconries in several dioceses, 1127, 8.

against him that killed or struck ecclesiastics, 1138, 10.

against nuns that wore gaudy apparel, 1138, 15.

against detainers of tithes, 1138, 16.

against the priest that takes the office of sheriff, 1175, 3.

against them who admit foreign clerks to officiate, 1 175, 5.

against such as hold pleas of blood in churches or churchyards,
1175, 6.

against such as take price for chrism, &c., 1175, 7.

INDEX. 543

Anathema against prelates that admit monks or nuns for money, 1175, 8.

against detainers of tithes, 1175, 13 ; if they do not upon admonition
make satisfaction, 1200, 9 ; 1236, 35.

against maintainers of robbers, 1222, 21.

against married people entering into religion, except — , 1236, 27.

against great men that oppressed the clergy, 1236, 36.

against defilers of nuns, 1281, 17.

against religious, that were executors or administrators, 1281, 20.
Annals or Annuals, masses said for the quick or dead through the whole
year every day, or on an anniversary day.

if priests take such annals as they cannot discharge, they are to restore
the overplus of what they have received, 1281., 2.

priests that officiated them to be content with five marks per annum,

1362, 1.
Anselm, archbishop of Canterbury, his contention with kings, 1102, Pf.

cursed Thomas, second archbishop of York, and all that dared to conse
crate him, till he swore obedience to him, 1107, Ps.

how he introduced the feast of the conception of the Blessed Virgin,

1328, 2.
Apparel and diet retrenched on occasion of the crusade, 1188, 5. See

Habit.
Apparitors, the rise of them, 1237, 26.

their claiming procurations of the clergy, 1261, 19.

censures passed by them null, ibid.

their number retrenched, and exactions on clergy restrained, 1342, 8.

See Procurations.

Appeals, from archdeacon to bishop, from bishop to archbishop, from arch
bishop to king, 1164, 8.

to Rome brought into practice, 1143, Ps.

allowed by king, so that , 1164, Ps.

from grievances before sentence allowed, 1328, 6.

to a superior judge, relax sequestration laid by inferior, 1343, 15.
Archbishop, to license others [not being bishops or abbots] to speak in
councils, 1075, 5 *.

appeal made from bishop to him, 1164, 8.

with how many horse and men to visit, 1200, 5.

to see to the reading of Othobon's constitutions in synod, 1268, 36.

to oblige bishops to publish Magna Charta, &c., 1298, Pf. Lat.
Archbishop of Canterbury, primate, yet denied to be metropolitan of the
whole island, 1070, Pf. ; 1075, Pf.

[some peculiar privileges recovered, 1076, Pf. Addenda.]

manner of choosing him not settled, 1126, Pf.

elected by monks, accepted by the bishops, 1164, Pf.

[;< This method overruled by the pope in the case of Abp. Langton,
1222, Pf."]

not legatus natus till after 1195 ; 1195, 9.

* [This article was put under the word Bishop in the first edition.]

544 INDEX.

Archbishop of Canterbury, and two or three other bishops, to demand

prelates seized by king, 1261, 1, &c.
to censure bishops for not proceeding against the king's officers and

lands, according to the direction of synod, 1261, 1.
his power said to be sufficient to cure pluralities, 1279, 1.
could not institute new feasts, 1328, 2, [note e.]
granted licence to say mass in unconsecrated chapels throughout the

province, 1342, 1.

he only to absolve heretical preachers, 1408, 1.
Archbishop of York, he was subject to Canterbury, 1070, Pf. ; [1075, 9,

Addenda;} 1107, Pf.

attended him in council, 1102, [Pf. Lat.], 1108, [Pf. Lat], 1126, Pf.
called his suffragan by Hoveden, 1107, Ps.
Scotland was part of his province, 1127, Pf.; cut off, 1195, Ps.,

[note n.]

claims four dioceses of Canterbury province, 1175, Ps.
that claim renewed against Canterbury, 1237, Pf.
[not to have his cross borne in state in the province of Canterbury,

1279, 3. Addenda, p. 259.]

St. Oswald's, Gloucester, allowed to belong to him, 1175, Ps.
had power to dispense with sons succeeding fathers in benefices,

1281, 22.
Archdeacon, Anschitel of Canterbury, subscriber to a council, 1075, Ps.

Addenda.

of old sat in hundred court, 1085.
to be [ordained] in every bishop's church, 1070. 5.
to be in deacon's orders, 1102, 3 ; 1126, 7 ; 1127, 4.
yet subject to the same censure as a priest, if he kept a woman,

1108, 7.
to take oath not to connive at concubinary priests for money,

1108, 8.
if he do connive, twice to be corrected, the third time more severely

treated, 1127, 6.

archdeacons present in synod, 1138, Ps.
his rights in ecclesiastical court reserved to him, 1164, 6.
he is supposed then to have his court, 1164, 8, 10, 13.
three in diocese of Canterbury, 1164, Ps.

he was to see that the secret of mass was correctly written, 1195, 3.
he was to clip the long hair of clerks, 1175, 4; 1195, 10.
with how many horses and men to make his visitation, 1200, 5.
not to lay taxes on his clergy, 1200, 5; 1222, 25.
if he present one to be ordained subdeacon without a title, to keep him

till he be provided for, 1200, 6.

to inspect books and vestments in his visitation, 1222, 11 ; 1322, 6.
to have but one procuration from one church, 1222, 16.
to be moderate in receiving procuration, 1222, 22, 23 ; [1237, 20 ;]
[1342, 7.]

INDEX. 545

Archdeacon to see that priests can rightly pronounce canon of mass and

form of baptism, and know their meaning, 1222, 25 ; 1237, 2.
and that host, chrism, and oil, be kept under lock, 1222, 25.
and to inspect all the utensils of the church, and take account of them

in writing, 1222, 25.

not to obstruct peace between parties at suit, 1222, 28.
not to judge in his own cause, or bring reputable men to purgation,

1222, 29.

[to observe decency of dress and manners, 1222, 30.]
to interdict lands of the oppressors of clergy, 1236, 36.
might not farm out his spiritual jurisdiction, [1222, 24 ;] 1237, 7.
farming of benefice must be in his presence, 1237, 8.
to be regular in visitations and procurations, and frequently at the

chapter of every deanery, 1237, 20.

to expend the doubles of their extortions in pious uses, ibid,
not to conclude a matrimonial cause without consulting bishop,

1237, 23.

to have forfeiture of clerk for neglecting tithes, 1250, 2.
an archdeacon of Canterbury promoted to popedom, 1268, Pf.
to get information concerning concubinary clerks, 1268, 8.
net to take money for mortal, scandalous crimes, 1268, 19.
to give account of pluralist to archbishop, 1279, 1.
to see that Peckham's homily and excommunications were duly read,

1281, 10.

might inflict moderate suspension, 1281, 10, [note 1.]
might lay no mulcts, ibid,
excepting on churchwardens, 1322, 6.
those to be applied to the repairs of the church, 1342, 7.
i their procurations in visiting, settled by pope, 1336.

to institute a procurator for a certain time to a full benefice,

1330, 8.

[their procurations] well regulated at home, 1342, 7.
their acts of court null, if they hold consistory or chapter, where

victuals can be had only with rectors or vicars, 1342, 8.
to have but one foot apparitor for each deanery, 1342, 9.
not to take more than a penny for admitting a priest to officiate in his

archdeaconry, 1342, 12.
may, though deacon only, give absolution inforo contentioso, 1343, 9,

note b.]

how often to visit, 1222, 25, [note d.]
Archdeaconries, not to be let to farm, 1102, 2.
none to hold two in several dioceses, 1127, 8.
and benefices not to be farmed as to spiritualities, 1222, 24.
disposal of the archdeaconry of West Riding in Yorkshire, disputed,

1195, Ps.
Aulry de Vere, owned his design of seizing the whole synod of bishops, &c.,

1143, [note a.]

JOHNSON. N II

546 INDEX.

Auncel weight condemned and censured with those that use it, as

contrary to Magna Charta, 1430.
Aylric. See Agelric.

B.

Baldwin, archbishop of Canterbury, preaches marvellously on crusade,

and dies in holy land, 1188, Ps. [see Addenda] ; 1195, Pf.
Banns, to be published between parties known, and thrice, 1200, 11.
to be published on distant days, 1322, 7.
several solemn days, and in places where parties, their parents, &c.

dwell, 1328, 8.
with a thfeat of excommunication to those who know impediment, but

conceal it, 1322, 7.
Baptism, on eve of Easter and Pentecost only, except in extremity, 1071 ,

7; 1237,3; 1268, 1.

to be given, if there be any doubt, 1200, 3 ; hypothetically, 1281 , 3 .
[by laymen or women in case of inevitable necessity, 1281, 3 ; 1236, 11.]
[what services to be added by the priest, 1281, 3 ; 1236, 12.]
to be given to a foundling, whether salt be on it or not, 1200, 3;

1223, 1.
water and vessel in which private baptism is given, how to be disposed

of, 1223, 1 ; 1236, 10.

form of it said to be the series of the Latin words, 1281, 3.
[may be said in English or French by laymen, ibid., and note *.]
immersion whether necessary, 1279, 4, [note t.]
children born within eight days of Easter and Pentecost, to be reserved

till the eves of those feasts, 1279, 4.

Baptistery, place where the baptismal font stood, 1322, 2. See Font.
Basilicce, churches so called before consecration, 1237, 1, [note c.]
[Battle Abbey, exemption of, 1070, 6, Addenda.}
Beam-light, a large taper burning before the host, or during mass,

1250, 1.

Bells not to be tolled during the secret of mass, 1071, 10, [see note *.]
to be tolled when that is finished, and the host elevated, that people in

the fields may then bow the knee, 1281, 1.
the tolling of them, and the lighting and extinguishing candles, thought

of great moment in publishing excommunications, 1298, 2.
Benefices, two to one man perhaps forbid, 1126, 12.

not to be taken without bishop's consent, 1126, 4; 1127, 9.

not to be divided, 1222, 12 ; the division of them nulled, 1268, 11.

not to be promised while full, 1200, 8.

not to be given on bare report of incumbent's death. 1237, 11 ;

1268, 10.
not to be seized by violence, ibid.

INDEX. 547

Benefices, not to be farmed, but to a clerk who was to be instituted as pro
curator, 1330, 8. See Church for Parsonage.
Bigamy, the trial of it claimed by ecclesiastical court, No. 5. between

1308 and 1322.
the difference between the ecclesiastical and temporal law in this

point, 1415, 2.

Bishops, to have no clerks or monks, exempt from their jurisdiction,
' 1070, 6.

to invite laymen to penance, 1070, 7.
to give penance for all gross crimes, 1071, 11.
the college or bench of bishops in England, 1075, Pf. Lat.
their order of precedence, 1075, 1.
not to sit in secular courts, 1102, 1 ; 1085.
not to be appareled as laymen, 1102, 1.
to have witnesses of their conversation, 1102, 1.
the diocesan's consent necessary to erect a chapel, 1102, 15.
and to impropriate a church, 1102, 21.
and to give sanctity to dead corpse, or river, 1102, 26.
they were to do homage to king, not be invested by him, 1107.
had the goods and women of incontinent clerks as a forfeiture,

1108, 10.
of this province had a share in electing the archbishop, 1126, Pf.

[note a.]
to demand no fees for chrism, consecrations, &c. 1126, [1, 2, 3] ; [1138],

3, 4. [See Chrism.]

his consent necessary to confirm donations of benefices, 1126, 4.
no priest instituted by him, to be ejected without him, 1126, 9.
not to censure each other's parishioners, 1126, 10.
nor to receive to communion those excommunicated by another, 1126,

11.
might impose either penance or servitude on priests' concubines,

1127, 7.

to pay no fees for their consecration, 1138, 3.

church or oratory, not to be built without diocesan's licence, 1138, 12.
their ceasing to sit in county courts, one occasion of the disputes

between the two jurisdictions, 1164, Pf.
not to depart out of kingdom without king's leave, 1164, 4.
personally to hear the accusation of laymen in the ecclesiastical court,

1164, 6.

had cognizance of causes concerning lands in frankalmoin, 1164, 9.
and also the court baron, ibid,
to pay king all service that barons owed, except in causes of blood,

1164, 11.

to do homage to king before consecration, 1164, 12.
to help, and be holpen against great men, 1164, 13.
with how many horse and men to make visitations, 1200, 5.
to be moderate in demand of procurations, ibid.

N n 2

548 INDEX.

Bishops, may demand moderate subsidies of the clergy, 1 200, 5.
those subsidies or aids not to exceed procurations, 1336.
to keep priests and deacons whom they ordained without title, 1200, 7.
they or their confessors only to absolve from general excommunications,

1200, 7, et passim.

not to charge churches with new pensions, 1200, 8.
might give dispensation for marrying in private, 1200, 11.
their claim to a share in choosing archbishop, set aside by the pope,

1222, Pf.
their regard to poor, to receive and make confession, residence in their

churches at set times, and having their professions read to them twice

a year, 1222, 2 ; 1237, 22.
in case of lapse, when the advowson is disputed, to collate neither of the

litigants' clerks, 1222, 5.

not to alienate without consent of chapter, 1222, 33.
his consent necessary for erecting new religious houses, 1236, 31.
and for grant of pensions, 1222, 38.
to assign confessors to nuns, 1222, 42.
might give leave to seculars to dwell in nunneries, ibid,
his consent necessary for farming a parsonage, 1222, 49.
required to contrive some new penalties against Jews, 1222, 51.
what irregularity of clerks might be cured by them, 1236, 1.
cases in which they only could give penance, 1236, 16. See Reseived

seem to have imposed oaths at discretion, 1236, 24.

matrimony, in what case nulled by his consent, 1236, 27.

church not to be taken down in order to be rebuilt without his consent

1237, 1.

farming of benefices to be transacted in his presence, 1237, 8.
what to do when there is more than one rector or vicar in a church

1237, 12.

to celebrate in their churches on great festivals, &c., 1237, 22.
not proceeding against king's officers and lands, to be monished and

censured, 1261, 1.

to have prisons for keeping criminous clerks, 1261, 21.
to see especially to the habits and trappings of their own clerks, 1237,

14 ; 1268, 5.

if they were religious, to continue to wear their regular habit, 1268, 5.
to get information against concubinary clerks, 1268, 8.
to send mandate to the bishop of any diocese, into which an adulterer

flies, to have sentence of excommunication executed against him,

ibid.

to punish obstructors of lawful marriage, 1268, 13.
might apply some portion of a benefice for repairing houses, 1268, 17.
to be resident in Advent and Lent, and consecrate chrism on Maundy

Thursday, 1268, 2].
in what case they might appropriate a benefice, 1268, 22.

INDEX.

549

Bishops to see that the vicar have a proper portion in impropriated

benefices, 1268, 22.

and that there be a proper house for reception of visitor, in benefices im
propriated to their own use, ibid,
to look to it upon instituting a clerk, whether he had not before one or

more benefices, and how to proceed, 1268, 29.
not to collate to a benefice one who wants that order for want whereof

the patron's clerk was rejected, ibid,
not to grant more than one commendam to one man, and how,

1268, 30.

elect, if a pluralist without dispensation, to be rejected, 1268, 31.
to defend their jurisdiction, 1268, 36.

to see that Othobon's constitutions be read in provincial synods, ibid,
to give account of pluralists to archbishop, 1279, 1.
devotions enjoined them for a deceased brother, 1279, 8 ; 1281, 26 ;

1486.

held yearly diocesan synods, 1281, 12.
to give letters patents of institution, 1281, 23.
to publish excommunications against violators of Magna Charta, 1 298.

Pf. Lat.
might give licence to marry in private, 1328, 8 ; and perhaps to marry

without banns, 1347, 7.

to see that the money taxed and paid for dilapidations be truly ex
pended, 1328, 9.

might license clerks to build on lay-fee, 1330, 8.
to regulate apparel of themselves and their domestic clerks, 1343, 2.
as also of their lay-servants, and to dismiss them if they exceed,

1463, 2.

to each but one riding apparitor, 1342, 9.
said to act as deputies to archbishop, 1391, Pf.

they were ordinaries even in exempt places, in case of heresy, 1408, 3.
might give leave to read Scripture translated, 1408, 6.
to certify archbishop of the enquiries, discoveries and proceedings, that

they, &c., have made against heresies, 1416, 1.
diocesan's consent necessary to enable religious to alienate lands,

1444, 2.

to punish friars exceeding their privileges, 1466, 7.
bound to be resident in his church every Lord's day, 1222, 2.
Bishoprics to be ascertained, 1070, 9.
removed from villages to cities, 1075, 3.
two allowed to none, 1071, 1.
to be forthwith delivered to successor, 1107, Ps.
Blind obedience claimed by synod, 1408, Pf. and 8.
Bolsters forbid to be worn by clerks on their shoulders, 1463, 2.
Boniface the Savoyard, archbishop of Canterbury, his fury, 1261, per tot.
his constitutions read in synod, 1281, Pf. Lat.
his example commended by Peckham, 1279, Pf.

550 INDEX.

Books, none to be read but approved by twelve men chosen by univer

sities, and allowed by archbishop, 1408, 5.
of Church service, which to be found by parishioners, 1250, 1 ; 1281,

27 ; 1305, 4.

Bread, holy, distinct from eucharist, 1236, 4.
Bridegroom knowing his bride before benediction, how, and why punished,

1343, 11.
Burial in churches forbid, 1071, 9.

Christian forbid to monks that had a concealed property, 1075, 2 ;

1200, 15.

and to strikers of ecclesiastics dying impenitent, 1138, 10.
to them who refuse penance to imprisoned malefactors, 1268, 2.
to them who fraudulertly alienated their goods before death, 1343, 9.
(where ; see Lyndwood's evasion) 1347, 4.
to them who did not communicate at Easter, 1378, 4.
not to be allowed in another church to the detriment of the proper

priest, 1102, 25.
not to be given for price or money, 1126,2; 1138, 1; 1175, 7;

1200, 8.
not to be denied on pretence of fees, but a hint that if any be due it

may be demanded afterwards, 1222, 27 ; 1336, 7.

Burners and breakers of churches, punished as violators of sanctuaries,
1268, 12.

C.

Cah-slihte, 1076, 4.

Candle, one at least to be lighted at every mass, 1322, 5. See Bells.
Canons, obligatory rules ecclesiastical.

[declared by our judges to be still binding, 1237, 13, notes h, and U.J

to fall under the canon is to incur excommunication, 1200, 10.
Canon of mass. See Secret.
Canons, or canonics, a sort of religious, less strict than monks.

to have no wives or women, 1076, 1 ; 1126, 13.

to be treated as priests in that case, 1108, 7.

their apparel regulated, 1200, 15.

some became chantry priests, but these were probably canons secular
1362, 2.

of St. Augustin, to assemble in their general chapter, 1281, 16.
Canterbury, five if not six bishops consecrated there at once, 1107, Ps.

archbishop of York there to consecrate the proper archbishop, and to
come thither himself for consecration, 1 070, Pf.

the occasion of pope's- bull against some of that diocese for not paying

their tithes, 1200, 9, [note o.]
Cap, forbid to religious, 1200, 15.

with long tippet, forbid to all clerks, 1343, 2 ; 1463, 2. See Cope.

impris°ning excommunicates, 1085,

INDEX. 551

Capias, if it were denied or evaded how prelates were to proceed, 1261, 4 ;

1343, 12.

Catechising and exorcising children in baptism, 1281, 3.
Censures. See Excommunication, Interdict, Suspension, Deprivation,

Deposition, Subtraction, Suspension, ipso facto.
singular.

an assuming vicar to officiate no longer in that diocese, 1 1 75, 1 2.
archdeacons neglecting publication of excommunications forbid entrance

into church for one month, 1222, 26.
religious to have no new clothes the following year if they sell their old

ones, 1222, 40.
denying offenders kiss of pax, and the holy bread, (not the communion,)

1236, 4.
simoniacal patrons disabled from being religious to fourth generation,

1236, 34.
clerks who wrote attachments against bishops disqualified for a benefice

during the five following years, 1261, 1.
he that remains excommunicate a year uncapable of a benefice in this

province, 1261, 3.

the same censure against an armed felonious clerk, 1268, 4.
commanding servants to leave their master when he stands in contempt

of excommunication, 1261, 6.
bishop is suspended from wearing pontificals for conniving at simonists,

1268, 2.
from wearing dalmatic, tunic and sandals, for delaying to consecrate

churches, 1268, 3.

for not prosecuting concubinary clerks, 1268, 8.
the archbishop is also laid under this censure if he neglect to reform

the habit of clergy, 1268, 5.
clerk forfeits the sixth part of his annual income for unclerical habit,

ibid,
they who have misbehaved in a church forbid entrance into that

church, 1363, 2.

priests' concubines are forbid the sacrament at Easter, 1268, 8.
prelates suspended from instituting or collating for not executing the

tenth of Otho, 1268, 9.
he that instituted to a full church suspended from instituting till the

lawful possessor is restored, 1268, 10.
the intruding clerk is for ever unqualified for that benefice where he

would have intruded, ibid,
prelate is suspended from collating for having made partition of a

benefice, 1268, 11.

clerk violating sanctuary uncapable of benefice for five years, 1268, 12.
advocate for falsifying proxy disabled for benefice, 1281, 13.
fraudulent clerk disabled from the benefice he aimed at, 1281, 14.
prelates forbid entrance into church for not paying the doubles of fees

extorted for probate of wills, 1342, 6.

552 INDEX.

Censures, he that fraudulently gives away his goods not to have Christian

burial, though absolved before death, 1343, 9.
deans rural to fast every Friday in bread and water till they publish

the constitution against concubinary priests, 1279, 5.
bishop suspended from wearing dalmatic for restoring benefices fraudu
lently resigned, 1268, 32.
Cephas said to signify a head, 1408, Pf. Lat.
Chalices not to be of wax or wood, 1071, 16.
but of gold or silver, 1175, 16.
of silver, where there is a sufficiency, 1195, 9.
of silver, and the other vessels decent, 1222, 11.
Chamberlain, loses his place if he takes money for the new clothes of the

religious, or gives money for the old ones, 1222, 40.
Chancel, [to be fitted with desks and benches, 1250, 1. Addenda, p. 178.]
is to be repaired out of the fruits of the benefice, 1268, 17.
archdeacon is to have a particular eye to it in his visitation, 1322, 6.
Chantry-priests, such as had annual salary for singing mass at some'lesser
altar of a church, or in an oratory for some particular family, or per
sons quick or dead, 1444, 1. See Chaplains.
Chapels not to be erected without bishop's licence, 1102, 15.
why so called, 1188, [notes a and *.]

they who officiate in them not to lessen the rights of mother church
1268, 16.

if they are not consecrated mass not to be said there [without licence 1
1342, 1.

Chaplain may signify any officiating priest, though rarely a rector T1261

20, notes d and +.]

priest that officiated in a nunnery, 12^2, 37.
curates and assisting priests promiscuously so called, and tied to the

salary of six marks, 1347, 1.

that is, curate, was enabled to censure detainers of tithes, 1236, 35.
and fined forty shillings if he permit a friar to exceed his commission

in preaching in his church, 1466, 7.

and required to publish general excommunications, 1298, 3.
that is, assisting, or mass-priest, was accountable and took an oath of

fidelity to the incumbent or his curate, 1305, 5.
such chaplain was not to officiate if he came from another diocese till

he had shewed letters of orders, &c., 1408, 9.
they were annual, yet not to be removed without cause, 1236. 25.
Chapter, [archidiaconal, two each year, 1279, 3.J
rural, assembly of the clergy of a deanery, the dean or archdeacon

presiding, [four principal ones every year, 1279, 3.]
offenders to be first admonished in the face of 'this assembly before

they are brought to purgation, 1195, 19.

[Chasuble, the principal vestment at mass, 1250, 1, note % p 177]

Uiester, the bishop's see translated hither from Lichfield, 1075, 3

faster, the bishop's see translated hither from Seolsey ibid

INDEX. 553

Child, foundling, with or without salt to be baptized, 1195, 5. See

Baptism.

of clerk, whether it was legitimate, 1237, 15.
unbaptized not to lie in holy ground, 1237, 14 ; 1279, 4.
Choppe-Churchesj 1391.
Chrism and oils, their distinction, use, and abuse, 1279, 6.

no money to be given for them, 1126, 2 ; 1138, 1 ; 1175, 7 ; 1200, 8 ;

1237, 2 ; 1268, 2 ; 1222, 27.
[yet money was given, 1138, 1. Addenda.~\
to be kept under lock, 1236, 9 ; 1322, 3.
Chrismatory, 1250, 1.

Christianity, what it signifies with the canonists, 1195, Pf. Lat.
Chrysom, the white cloth put on the new baptized child, [1223, 1,

note J.]

how it was to be disposed of when old, 1233, 16.

Churches, monastic, collegiate, and parochial, not properly so called be
fore consecration, 1237, 1.
their goods ought not to be invaded, 1070, 11.

goods taken from them by Conqueror's soldiers to be restored, 1072, 13.
supplantation of them forbid, 1076, 6.
not to be bought and sold, 1102, 14 ; 1127, 1.
not to be consecrated till it and priest be provided for, 1102, 16.
not to descend by inheritance, 1126, 5.
not to be built without bishop's licence, 1138, 12.
belonging to the king, not to be impropriated without his grant,

1164, 2.

ought not to protect convicted clerks, 1164, 3.
nor chattels of criminals, 1164, 14.
pleas of blood and bodily punishment ought not to be held there, 1175,

6 ; 1222, 9.

the repairs thereof to be taken care of, 1195, 7.
not to be charged with new pensions, 1200, 8.
some not worth above three marks per annum, 1200, 10.
[none to be instituted to them who will not serve in person, ibid.]
religious held some by an absolute right, 1200, 14.
those not worth above five marks per annum to be given to none but

such as will reside and personally officiate, 1222, 15.
to be consecrated within two years after they are built, 1237, 1 ;

1268, 3.
not to be pulled down in order to be rebuilt without bishop's consent,

1237, 1.
what ornaments and repairs to be found by parishioners, 1250, 1 ;

1305, 4.

markets not to be kept in them, 1268, 34 ; nor plays, 1363, 1.
church's portion out of defunct's goods, 1261, 15 ; 1343, 7.
all disorderly keeping of vigils (perhaps wakes) and exequies there
forbid, 1363, 2.

554 INDEX.

Churches, arrests and assaults not to be made there, especially not in

St. Paul's, London, 1463, 1.
often signifies the whole monastery, college or parsonage, with its whole

endowments, viz., 1102, 14 ; 1127, 1, 9 ; 1195, 16 ; 1200, 8, 15 ; 1222,

46, 49; 1138, 5.
for parsonage, it may not be let to farm but with bishop's consent, and

that not for life, 1222, 49 ; 1237, 9.
if farmed otherwise, the contract null (especially if farmed to patron)

and a third of the yearly profits forfeited to cathedral, 1268, 20.
this last constitution reinforced with additions, 1343, 3.
may be farmed only to clerk, but a portion reserved for poor, 1281, 15.
rates or assessments upon outdwellers and religious as well as others,

1342, 4 (the second cf those so numbered.)
Churchwardens as guardians of the building, the rise of them, 1322, 6.

as presenters of scandals, or testes synodales, the rise of them, 1416.
Churchyards, the parishioners not to cut down what grows there, because

it belongs to the priests, 1138, 11 ; 1343, 14.
priests not to fell the trees there without cause, 1279, 12.
Citations. See Summons and Apparitors.

Clarendon, the articles there made, said to have been renewed at North
ampton, and confirmed by Hugo, the pope's legate, 1175, Ps.
Clergymen, or clerks, sometimes including priests, deacons, and sub-
deacons, (who are called clerks in holy orders,) but often those of the

four inferior orders only, or bare psalmists,
not to bear arms, 1070, 12 ; 1138, 13 ; 1175, 11.
foreign, not to be received or ordained without letters from proper

bishop, 1071, 3 ; 1075, 4 ; 1076, 2.

in holy orders to live chaste or desist from office, 1071, 15.
to pay no new secular service for benefice, 1076, 3.
their penance for fighting for the conqueror, 1072, 5.
not to be reeves or judges, in causes of blood, 1102, 8 ; 1222, 8.
such as had deserted their function to return, 1 102, 11.
sodomite to be admitted to no higher order, 1102, 28.
beneficed, yet refusing holy orders, to be deprived, 1126, 6; 1127 4-

1138, 6.

ordained by improper bishop suspended till restored by pope, 1138, 7.
liable to be prosecuted for the same crime in both courts, 1164, 3.
sons of tenants in villainage not to be ordained without [consent of

lord,] 1164, 16.
whether when criminous to be degraded and delivered to secular court

1164, Ps.

in holy orders dwelling with wives not to be beneficed, 1175, 1.
not to succeed father in benefice, 1102, 7: 1175,1-1237 15-

1281, 22.

their hair, if long, to be clipped by archdeacon, 1175, 4 ; 1195, 10.
forbid to trade or farm, 1 1 75, 10.
to be decently habited, 1175, 11.

INDEX.

555

Clergymen, pope's legate consented that they should be arraigned for

hunting in king's forests, 1175, Ps.
carefully to preserve their tonsure, 1195, 10 ; 1261, 5 ; and habit, 1237,

14 ; 1268, 5.
not to go to taverns, &c., for fear of quarrels, and men's incurring penalty

of beating clerks, 1200, 10.

by beating clerk excommunication ipso facto incurred, ibid,
beneficed, to be no way instrumental in putting to death, 1 222, 9.
not to build on lay-fee for concubines, &c., 1222, 34 ; 1330, 8.
forbid all drinking at equal draughts, and scot ales, 1236, 6.
not to farm benefices for above five years, 1237, 8.
intruding into benefice by force, or lay authority, how treated, 1 261, 3.
seized by laymen without bishop's leave to be surrendered on demand,

1261, 5.

not to pay amercements laid by a lay power, ibid,
being canonically purged not to be taken up by lay power, ibid.
Clerks and laics, might implead each other for breach of oath or covenant

in ecclesiastical court, 1261, 6.

lost their privileges if they wanted the tonsure, 1261, 20.
worthy of death made prisoners for life, 1261, 21.
that carried the holy water pot, how to be chose, 1261, 22.
bearing arms, and felonious, to make satisfaction at bishop's discretion,

1268, 4.

in causes of blood not to be advocate, judge, or associate, 1268, 7.
upon institution was to swear he would resign all former benefices held
without dispensation, and not doing so deprived ipso facto, 1268, 29.
convict, not to be too easily purged or enlarged, 1279, 10.
their habit regulated, 1237, 14 ; 1268, 5 ; 1347, 5 ; 1463, 2.
not to be detained by seculars, though bigamists, between 1308 and

1322, No. 5.
ordained in Wales not to officiate here [without letters commendatory,]

1322, 1.
being presented to a benefice filled, and bringing qiiare impedit against

bishop in king's court, censured, 1342, 13.
their wills to be executed, 1343, 8.
complaint of king, parliament, &c., against criminous clerks, and their

easy treatment, and regulation thereupon made, 1351.
bigamist, and married, lost all privilege, except, 1415, 2.
and could have no office in ecclesiastical court, ibid.
Clerkship, what, 1261, 5 ; between 1308 and 1322, No. 5.
Coal, (carlo fossilis,) tithe of it required to be paid in the North,

1466, 11.

Coif, the use of it forbid to clerks, and why, 1268, 5 ; 1281, 21.
Collation, [explained from Lyndwood, 1222, 1 , note §, p. 102.]

[distinguished from institution and induction, 1222, 3, note *, p. 104.]
null when bishop collates clerk wanting that order for want of which
the patron's clerk was rejected, 1268, 29.

556 INDEX.

Collation to benefices not rightly filled allowed, 1342, 13.

Collets or acolyths, 1250, 1.

Commendam nulled (without pope's dispensation) except of one benefice

only, and for one year, and to a priest, 1268, 30; 1279, 1, 2.
Commissaries, that is, sub-officials, not to determine matrimonial causes,

especially as to the contract, 1347, 6.
and to give sentence in chapter only, ibid.
Commutations, not more than twice accepted from the same person,

1342, 10.

Concelebration of masses, 1279, 8.

Concubines of priests, canons, beneficed clerks, or of clerks in holy orders,
drove out of parish, seized, brought under penance or servitude,
1127, 7.

expelled from church and sacraments, 1222, 31.
what clerks left them by will to be applied to Church, 1 222, 32.
either to marry, go into a cloister, or do public penance, 1236, 4.
if they refuse all three, first to be denied the kiss of pax and the holy
bread, and if they are not so reduced to be excommunicated, &c.,
1236, 4.
Confession, to be denied to none, 1268, 2. See Penance.

how often to be made, 1378, 4.

Confessor, to be settled by bishop, and archdeacon to give penance to

priests and in reserved cases/1222, 19 ; by bishop, 1237, 5; 1322, 10.

none to absolve violators of liberties and pluralists without bishop's

licence, 1281, 6.

to whom clergy were to confess, 1281, 8 ; 1322, 10.
rules in doing their office, 1 322, 8.
to disclose no crime confessed to them, 1322, 9.
to confess women without the veil, 1378, 3.
not to absolve obstinate pluralists, 1279, 1,

Confirmation, none who had not received it were capable of the com
munion, 1281, 4.
fathers and mothers of old not allowed to be sponsors at receiving it,

and if they were, the marriage dissolved, 1 322, 2.
the manner of preparing for it and receiving it, &c., ibid.
Consecration of churches not to be performed till they and the priests are

well provided for in all respects, 1102, 16.
no fees to be demanded for it, 1 126, 3 ; 1138, 3, 4 ; 1 175, 7.
but usual procuration allowed, 1138, 3.
to be performed within two years after the church is finished, 1237 1 •

1268, 3.
Contract of marriage, hypothetical, imposed on fornicators after a third

relapse, 1308. See Marriage.

Convocation, when lower clergy became a part of it, 1298, Pf. Lat.
Cope, the uppermost garment of the bishop and priest at mass, being a
sort of cloak or mantle ; [this statement corrected, 1250, 1 note +
p. 177. See Chasuble.]

INDEX. 557

Cope, the bishop is forbid to demand one as a fee for consecrating

churches or bishops, 1126, 3 ; 1138, 3.

Cope, close, the canonical habit for all priests without the church, though
never received by the generality ; it enclosed the whole body and
head ; enjoined, 1222, 30 ; 1237, 14 ; 1268, 5.
Copes with sleeves forbidden to undignified priests, 1195, 11.
allowed to archdeacons and dignified priests, ibid,
only black monks, &c., obliged to use black copes, 1200, 15.
red and green the only colours forbid to clergy, 1222, 30.
Corpses not to be buried in other parishes to detriment of the proper

priest, 1102, 25.

sanctity not to be attributed to them without bishop's leave, 1102, 26.
Corrodies, liveries, stipends or pensions, how to be granted by religious,

1222, 38 ; 1444, 2.
Council, [distinguished from synod, 1219, 12, note J, p. 268 ; 1328, 6,

note t']
general, how many bishops used to represent the Church of England

there, 1416, Pf.
Creed explained, 1281, 9.

Cross supposed to be seen in the air, 1188, Pf. Lat.
of different colours taken by each nation, ibid.

why more honoured than the ass which bore Christ, 1362, 3, [note m.]
to preach against the adoration of it deemed heretical, 1408, 8.
Crown. See Tonsure.
Cup in the eucharist, though of unconsecrated wine, given to the people ;

and reasons why sacramental blood was not allowed them, 1281, 1.
Curates may grant licence to their parishioners to be married in another

church, 1343, 11.
qualified priests obliged to leave their chantries, and other places,

though more profitable, and to take curacies, 1347,1 ; 1362, 1, 2.
their salary increased, 1362, 2 ; 1378, 1.

perpetual, are by law licensed to preach in their own churches, 1408, 1.
deacons may be curates, ibid., [note.]

D.

Date of time and place to be inserted in instruments, 1237, 28.
Deacon, not to be ordained without professing chastity, 1076, 1 .

to keep no woman but [such as are near relations,] &c., 1108, 1 ; 1126,
13; 1127,5.

to make purgation by four, priest by six men, 1108, 4.

forfeited goods for incontinency, 1108, 10.

ordained without title, not to enjoy the honour of his order, 1126, 8.

not to give baptism, penance, or eucharist, but in necessity, 1195, 6 ;
1223, 1.

ordained without title, to be kept by the bishop if he want, 1200, 6.

might be curate, and preach as such in his own church, 1408, 1, [note.]

558 INDEX.

Dead, night-watches over their corpses regulated, 1343, 10. See Annals,

Trentals, Masses, Priests, Burial, &c.
Dean, sometimes signifies head of a religious house.

must be a priest, 1126, 7 ; 1127, 4.

to take oath that he will not connive at concubinacy, 1108, 8.

forfeits if he refuses, ibid.

sometimes signifies the head of a religious house, having ecclesiastical
jurisdiction within certain parishes or districts, by custom or pri
vilege.

they are forbid to farm out their jurisdiction, 1237, 7.

nor to conclude matrimonial causes without consulting the bishop,
1237, 23.

must have a seal, 1237, 28.

sometimes denotes him that was afterwards called official, then he was
styled Decanus Christianitatis, but I find no mention of this title in
any of our constitutions.

[of the arches, 1222, 20.]

rural, was the president in the chapter of rectors and vicars within the
district still called a deanery, and who inspected the behaviour of the
clergy and people within the same, and exercised jurisdiction in mat
ters delegated to him by the bishop, archdeacon, or their substitutes.

they were to admonish the defamed, first privately, then before the
chapter, before they were brought to purgation, 1195, 19.

with how many horse and men to visit, 1200, 5.

not to demand aids or subsidies of their clergy, 1200, 5 ; 1222, 25.

not to meddle in matrimonial causes, 1222, 20.

had been confessors to their several deaneries, but this was found in
convenient, 1237, 5.

citations were often committed to their care, 1237, 26 ; 1268, 25.

they were found guilty of abuses in this point, which were reformed
1281, 12.

were obliged to have a seal of office, 1237, 28.
Deanery, rural, in every one to be two or three informers against excesses

of prelates and clergy, 1236, 17.
and against men heretically inclined, 1416, 1.
Debts due on faith given [to clergymen], the cognizance of them claimed

by ecclesiastical courts, 1261, 6.

but denied to be of ecclesiastical jurisdiction, 1164, 15.
Dedications. See Consecrations.
Defamed for any crime, how he is to be treated, 1195, 19 ; 1200, 12. See

Purgation.

Deposition for bearing arms or indecent habit, 1175, 11.
for going to taverns, &c., 1175.
that is, death of the man, nativity of the Saint ; John of Beverley's,

1416, 2. See Feasts.

that is, degradation of priests, deacons, and subdeacons, for keeping
women, 1236, 3 ; 1126, 13 ; 1127, 5.

INDEX. 559

Deposition for usury, 1126, 14.
for simony, 1127, 1.
to heads of religious houses for exceeding in number of monks or ctanons,

1222, 42.

to priests for disclosing confessions, 1322, 9.
Deprivation both of office and benefice for keeping of women, 1108, 5 ;

1200, 10; 1175, 1 ; 1127, 5 ; 1138, 8.
of beneficed clerks for refusing to be ordained to the superior orders,

1126, 6 ; 1127, 4.

to clerks that were usurers, or engaged in secular offices, 1138, 9.
to clerks who being suspended for their incontinence did yet officiate,

1236, 3.

to superior clergymen that sat judges in blood, 1175, 3.
to abbots conniving at monks' property, 1200, 15.
to priors for dilapidation, or incontinence, ibid,
to him who did not reside and personally serve cure of no more than

five marks per annum, 1222, 15.
for alienating lands, 1222, 33.
to bishops and others who connived at clerks officiating during their

suspension for incontinence, 1236, 3, 4.
to such as demanded money for giving penance, 1237, 4.
to vicars for not being ordained priests, 1237, 10.
to such as endeavoured to retain both church and wife, 1237, 15.
to such as meddled with ecclesiastical matters while suspended, 1237,

16.

to son that had succeeded to his father's benefice, 1237, 17.
to clerks that violated sanctuaries, 1268, 12.
to pluralists without dispensation, 1268, 29 ; 1279, 1.
to pluralists who opposed the loss of all benefices but the last, 1279, 1.
Dice, forbid to them that engaged in the crusade, 1188, 5.
Dilapidations said to be a debt, but due out of the predecessor's ecclesias
tical estate only, 123(5, 22.
to be made good out of the estate of the church, while filled with the

incumbent, 1268, 17.

inquisition upon oath made of old by ordinaries on this point, 1328, 9.
[" Diocese, when first used in England for a bishop's district, 1138, 4."]
Dispensations granted by the pope.

for bastards being admitted to orders, and for clerks to officiate though

ordained by an improper bishop, 1236, 37.
for plurality of benefices without limitation, 1237, 13.
for benefices already got, or hereafter to be got, 1268, 29.
for commendams, 1279, 2. See Pope, and Irregularity.
Distributor, 1281, 20.

Donation of goods before death, whereby the donor is made insolvent, null,
1343, 9.

560 INDEX.

E.

Ecclesiastics, that is, bishops, clergy, monks, canons, nuns,
not to sit judges in causes of blood, 1075, 9, et passim.
to take nothing to farm, 1127, 8.
on what terms they might alienate lands, 1222, 33.
to plead no other right to their lands, &c., in secular courts, but length

of possession, 1261, 12, 13.
Ecclesiastical courts.

cost given in them against clerks cast in pecuniary causes, 1175, 13.
no pay there to be taken for doing justice, 1195, 12-
their method of proceeding on common fame, 1195, 19 ; 1200, 12.
to give mutual assistance in case of absconding criminals, 1328, 3.
their acts null, if bigamous married clerks, or laymen, have any hand in

them, 1415, 2. See Ordinaries, Advocates, Proctors, Seals, &c.
Edmund Rich of Abindon, archbishop of Canterbury, very scrupulous,

offended both king and prince, therefore forced to leave his country,

and died abroad ; afterwards canonized, 1236, Pf.
Edward, king and confessor.

secular service paid by churches in his time to continue, and no other,

1076, 3.
I. since the Conquest, an arbitrary prince, 1298, Pf.

III. desires general excommunications to be published, 1343, 1.

IV. his large promises to Church and clergy at his accession, 1466, 2.
Egelwine, bishop of Durham, his behaviour upon the Conquest, 1070, Pf.
Election of prelates, how to be made, 1164, 12.

that they should be free, 1222, Pf.

Eucharist, carefully to be reserved, but not above eight days, and carried
to the sick by priest, or deacon, if it may be, 1138, 2 ; 1236, 21.

not to be sopped, 1175, 15.

tabernacle, or canopy made for it in every church, how pompously
carried to the sick, and adored by people, 1279, 7 ; 1281, 1.

how often to be received, who to be repelled from it, 1378, 4.

when men were advised not to receive it, ibid.
Exchange, of benefices not to be made but on oath given, that there was

no fraud, 1391.
Excommunication, against monks that threw off their habit, 1071, 12.

against laymen not appearing at third summons, 1076, 4.

against deserting clerks and monks refusing to return, 1102, 11.

against sodomites, 1102, 28.

against priest that celebrated while he kept a woman, 1108, 6.

against them who ejected priests without bishop's consent, 1126, 9.

against them who received excommunicates to communion, 1126, 11.

against practisers and approvers of sorcery, 1126, 15.

for selling a church, 1127, 1.

for hindering priests' concubines from being seized, 1127, 7.

for demanding money for chrism, sacraments, &c., 1138, 1 .

INDEX. 561

Excommunication against impenitent spoilers of church's goods, 1138, 11.

against clerks obstinately unconformable in hair and apparel, 1175, 4.

not to be passed without warning, 1200, 7 ; 1222, 26.

against monks that had property, 1200, 15.

against clerks' concubines, who did not submit upon ejection from
church and sacraments, 1222, 31.

to be passed by priests against detainers of tithes, 1200, 9 ; 1223, 10 ;
1236, 35.

against intruding clerks, 1261, 3.

against great men causing intrusion, 1261, 3.

against such as brought prohibitions from secular court to ecclesiastical,
1261, 6.

against such as obstructed ecclesiastical proceedings against Jews,
1261, 7.

against seizers of ecclesiastical goods and lands, 1261, 9.

against such as took clerks' goods for king at their own price, 1261, 10.

against wasters of prelates' lands in a vacancy, 1261, 11.

against distressors of bishops for not personally appearing in king's
courts, 1261, 12.

or for not allowing their liberties to be tried by juries, ibid.

against temporal judges, who denied that " all" included whatever was
now enjoyed, or that a privilege granted, though not used, was in
force, 1261, 14.

against lords and others, hindering administration of goods, and ex
ecuting of wills, 1261, 15.

against them who made suggestions to king's courts against ecclesiasti
cal, 1261, 16.

against then! who refused oath or penance imposed by ecclesiastical
courts, and their protectors, 1261, 17.

against those who denied confession to malefactors, 1261, 18.

against confessors that absolved pluralists, 1279, 1.

against advocate getting a false proxy, 1281, 13.

against stipendiary priest intercepting his principal's offerings, 1305, 5.

against laymen that obstructed offerings or tithes, 1328, 7.

against clerks accepting benefice from lay hands, 1330, 7.

against molesters of tithe takers, 1343, 4 ; and obstructors of wills,
1343, 7.

against such as watched by night over corpses, 1343, 10.

against such as kept scot ales, or drinking bouts, 1367, 2.

against them that read Scripture in mother tongue without bishop's

leave, 1408, 6. See Ipso facto.

Excommunications, general, denounced solemnly, with candles lighted
and bells tolling, in council against all that should violate the pro
visions there made, 1143, Ps. Lat. ; 1222, 1.

against those who denied to pay tenths for crusade, 1188, 1.

against false swearers every Lord's day, and three times a year with
bell and candle, 1195, 17.

562 INDEX.

Excommunications, general, are mentioned, and thereby men are said to

be excommunicated without warning, 1200, 7.
made by archbishops and bishops in king's council at Westminster upon

the renewal of Magna Charta in King Edward I.'s reign, (as at the

first granting it in King Henry III.'s reign) 1298, Pf. Lat.
["the impropriety of general excommunications," 1222, 1, note a.]
these excommunications to be denounced by bishop in every cathedral,

by priest in every parish church, every Lord's day after every rural

chapter, 1279, 3 ; or however four times a year, 1222, 1, [note f.] ;

[three or four times,] 1330, 10 ; [four times,] 1343, 1 ; twice a year

[in cathedral churches,] 1298, Pf.
this practice was restored after long disuse, 1434.

obstructors of ecclesiastical jurisdiction to be four times denounced ex
communicate in every church every year, 1343, 12. See Publications

in churches.

to be passed and excommunication already passed, the difference be
tween them, 1261, 8 ; bell and candle used in the former case,

1236, 36.

the less, for communicating with excommunicates, 1298, 3.
Excommunicates in worse condition than they who were only repelled from

church and sacraments, 1222, 31.

when they are said to be in contempt of excommunication, 1222, 1.
after prohibition against conversing with them published, they who

conversed with them incurred the greater excommunication, 1236, 20 ;

1298, 3 ; 1408, 1.

taken up and escaping, how treated, 1261, 4 ; 1343, 13. See Capias.
how the sentence was to be aggravated against them, 1261, 4.
if for heresy their goods were to be seized, 1408, 1.
not to give security for the remainder, but only for satisfaction in the

present case, 1164, 5.
Exemption of monks and clerks from bishop's jurisdiction, forbid,

1070, 6.
yet by power of pope or king, or both, some churches are said to be

held by an absolute right, 1200, 14.
therefore such exempt prelates said to have episcopal jurisdiction,

1466, 7.
instead of being commanded, they are requested to pay their devotions

for deceased bishops, 1279, 8.
friars, by virtue of papal exemption, could take the confessions of any

people at discretion, 1281, 6.
[Exequies, what, 1343, 10, notes c and J.]

F.

Falsarians. See Forgers.

Feasts to be kept with cessation from labour, 1328, 1.

of the power of enjoining feasts to be kept, 1328, 2.

new holidays did not always imply a new service, 1398, 1416, 1.

INDEX.

563

Feasts, number of them complained of, and feasts of obligation specified,

1362, 3 ; feasts with nine lessons, 1367, 3.
state holidays called Ferice repentince, 1281, 9, [note g, p. 287.]
occasionally mentioned or enjoined.

[" of the Holy Trinity, 1268, 35, note u ;"] St. Anne, 1391, Pf. ; Annun
ciation of the Virgin Mary, 1328, 2 ; St. Chad, 1398, 1415 ; Conception
of the Virgin Mary, 1328, 2 ; St. David, 1415, 1 ; St. Dominic, 1237,
Pf. ; St. Edward the king, ibid. ; St. Edward, king and confessor,
1445 ; St. Francis, 1237, Pf. ; St. George's feast (to be observed as
Christmas- day), 1415, 1 ; St. John of Beverley, whose tomb was said
to sweat during the battle of Agincourt,1416, 1 ; Thomas of Can
terbury, 1164, Ps.; a commemoration of him to be every Tuesday,
1398; St. Winefride, 1398, 1415.
Fees stated for letters of orders, institution, induction, 1342, 2.

for probate of wills, 1342, 6. See Chrism, Sacraments, Burial, &c.
[Fidelis, one under an oath of fealty, 1237, 18, note j.]

Flesh not to be eaten by monks except , 1237, 19.

Font, baptismal, to be of stone, and decent, 1223, 1 ; 1236, 9, 10.
to be kept under lock and key, 1236, 9.

the baptismal water not to remain in it above seven days, 1236, 10.
the water in which private baptism was given, to be poured into the

font or fire, ibid. ; [1223, I.]
Forgers of instruments or seals, their penance, 1237, 27.

bishops and archdeacons charged with this crime, if they do not give

archbishop a true account of pluralists, 1279, 1.
Fountains not to be reverenced without bishop's consent, 1102, 26.
Friars in great request, 1279, Pf.

cautioned to preserve their chastity, 1279, 1 1.

their impudence in confessing and absolving people, 1281, 6 ; 1466, 7.

G.

Geoffrey, archbishop of York, how treated, 1195, Ps.
imposed upon by the Sabbatarian frauds of abbot Eustace, 1201.

George Nevil, archbishop of York, had King Edward IV. his prisoner,
1466, Pf.

Gilbert, bishop of Rochester, accompanied Archbishop Baldwin into Wales,
and preached marvellously, 1188, Ps. Lat.

Girard, archbishop of York, allows of investitures, 1107, Pf. ; yet swears
obedience to Anselm, 1107, Ps.

Good-Friday, or preparation-day, to be kept festivally, 1328, 1.

Gown, first mentioned as clergymen's apparel, 1463, 2.

Guardian of the temporalities of prelacies during vacancy, an office as
sumed by King William I., 1070, Pf.

King Stephen promised the clergy or monks of the church should have
this privilege, 1138, 11.

O O 2

5()4 INDEX.

Guardian, of temporalities of prelacies, during vacancies, asserted to be
long to king, as his demesne did, 1164, 12.

ravages committed by this occasion, to be satisfied by officers that com
mitted them, 1261, 11.

H.

Habit of clergymen. See Copes, close,
it might be of any colour but red and green, 1222, 30.
and the accoutrement of their horses to be decent, 1237, 14 ; 1268, 5 ;

1281, 21 ; 1463, 2.

most at large, 1343, 2 ; officiating habit, see Mass vestments and Sur
plice.
Hair, long, forbid to priests, and a clipped crown enjoined, 1222, 30. See

Tonsure.

Henry I., king of England, asserts his right of investing bishops and ab
bots, but is at last obliged to a compromise, 1102, Pf., 1107.
eludes the canons which himself had approved against married clergy,

1127, Ps.

[laws ecclesiastical of, why omitted, 1085, Addenda^
of Blois, bishop of Winchester, legate a latere, held several synods in

that character, asserted right of choosing kings to be chiefly in the

clergy, introduced the practice of appeals to Rome, 1143.
II., king of England's dispute with Becket, 1164, Pf.
satisfaction promised by him, 1164, Ps.

gave up all customs against Church introduced in his time, 1164, Ps.
consults with the king of France concerning the crusade, and exacted a

tenth of all men's goods towards it, yet drops the design, 1188, Pf.

Lat., and Ps.
III., king of England, obsequious to the pope, and fond of legates,

1237, Pf.
offers a legate his castles to imprison ecclesiastics who refused to grant

tenths to the pope, 1298, Pf.
V., king of England, desires that John of Beverley's day be kept,

1416, 2.

VI. receives a golden rose from the pope, 1446.
Heresy was any thing contrary to the pope's decrees or decretals, or to the

constitutions provincial, 1408, 3, 8.
a man convict of preaching it a second time, to have his goods seized,

1408, 3.
he that translated Scripture, or read it when translated, without the

bishop's consent, treated as a fautor of heresy, 1408, 6.
propositions that carry a sound of heresy, forbid, 1408, 7.
summary way of proceeding against them that were suspected of it,

1408, 10.

partiality with respect to the evidence, ibid., [note.]
three informers in every deanery sworn to present suspected persons,

1416.

INDEX. 565

Heresy, persons suspected of, such as were not delivered to be burnt, to

be kept till next convocation,, 1416.

\_Homicide, irregularity caused by, 1236, 1, note n. and *, p. 130.]
Hood, mentioned as worn by prelates and graduates, 1463, 2.
Host, the sacrifice, or eucharistical bread,
["the elevation of it, 1071, note a."]
to be kept in a decent pyx, and renewed every Lord's day, 1195, 1 ;

1200, 2 ; 1322, 4.

to be carried to sick with a light and cross, 1195, 2 ; 1200, 2 ; 1322, 4.
to be given in private to no impenitent, 1200, 2.
to be given to all that offer themselves in public, so that their crimes be

not notorious, ibid.

not to be kissed by priest before he received it, 1236, 32.
people not to grind it with their teeth, 1281, 1.
nor to receive it till they had first confessed to priest, ibid.
Hubert Walker, archbishop of Canterbury, was justitiary of England, but
obliged by the pope to resign his secular power (yet was afterwards
chancellor), visited York by legatine authority, 1195, Pf.
he held a provincial synod, notwithstanding the prohibition of the chief

justice, 1200, Pf. Lat.

paid a singular regard to the pope, 1195, 1200, per tot.
Husband impleading his wife as too near akin, not to be regarded, 1126,

17.

neither he nor his wife to travel, without mutual consent publicly no
tified, 1200, 11.

Husbandman in field under Church's protection, 1143, 2.
Hymns, the use of them left at discretion, 1367, Ps.

I.

Jews forced to contribute to crusade, 1188, 8.

threatened with canonical punishment if they have Christian slaves, or
build more synagogues, or do not pay tithes, &c., 1222, 51.

to wear a badge, and not go into a church, 1222, 52.

forced to stand to ecclesiastical judicature, 1261, 7.
Immersion, whether necessary, 1279, 4.
Impropriation of churches regulated, 1102, 21 ; 1200, 14 ; 1268, 22.

a portion out of every such church assigned to poor, 1342, 4.
Incest, solemn penance to be done for it, 1281, 7.
Incestuous marriage, and he who conceals it, how censured, 1102, 24. See

Marriage.
Inculcation of orders, that is, giving or taking too many at once, forbid,

1281, 5.
Induction, no fee to be demanded for it, 1200, 8.

not to be delayed by archdeacon, &c., 1222, 4.

procuration allowed on this occasion, 13i2. 3.

566 INDEX.

Indulgences, the beginning of them, 1188, 3.
to Le granted with discretion, 1 279, 9.
granted to them who prayed for the king, &c., 1359.
granted to encourage pilgrimage and procession, 1454.
the violent excess friars were guilty of in"preaching them, 1466, 7.
Infamy, judicial, fixed on concubinary priests, 1 108, 5 ; 1127, 5.

they who lay under this imputation, disabled from being witnesses,

1195, 18.
Inquest or jury of twelve men, to be panelled by sheriff, for trying men

for crimes in ecclesiastical court, 1 1 64, 6.

in king's court, to try whether lands were held in frankalrnoin, 1164, 9.
concerning right of patronage, commonly held in ecclesiastical court, on

vacancy of every benefice, 1222, 1 ; 1342, 13.
to be done before a full chapter, 1281, 14.
this or a like inquest determined the dilapidations, 1328, 9.
Insinuation of last will, that is, producing it in form before ordinary,

1328, 5.

[no fee to be demanded for that of a poor man, ibid.]
Institution, no fee to be demanded for it, 1200, 8.

allowed to none for benefices of three marks per annum, except they

would serve in person, 1200, 10 ; [nor of five marks, 1222, 15.]
not to be delayed, 1222, 4.

of a procurator to a benefice, 1330, 8. See Fees.
Interdict on churches or lands, that is, a prohibition of divine service or

sacraments, within any certain church or territory, unless of baptism,

and now and then a mass said with a low voice, 1237, 1.
forbid to be laid on the king's tenants without his knowledge, either in

regard to persons or lands, 1164, 7, 10.
both on churches, lands, and persons, is often ordered to be inflicted by

Boniface in his constitutions, 1261, per tot.
on persons, is a prohibition to bishops, priests, and clerks, forbidding

them to exercise their function : of these too Boniface gives us plenty,

1261, per tot.

they who died under it not to be buried, 1200, 14.
the pope gave the worst example, by laying an interdict on the whole

kingdom because King John refused to receive Langton for arch
bishop of Canterbury at his command, 1222, Pf.

on church, clergy and people, that let one unauthorized preach, 1408, 2.
upon churches remaining two years unconsecrated, 1237, 1.
upon chapel, till they who retain to it consent to pay to the repairs of

the mother church, 1466, 8.
not to be passed without warning, 1222, 26.
difference between excommunication and interdict at large, ibid.
Intestates, what part of their goods to be applied to pious uses, 1261, 15.
their goods [not to be seized by prelates or others, 1268, 23.]
how to be distributed, 1343, 8.
alienating their goods before death, how censured, 1343, 9 ; 1347, 4.

INDEX. 567

Invaders of manors, granges, or lands of ecclesiastical persons, how cen
sured, 1268, 12.
Inventory of goods to be exhibited before executors or administrators begin

to act, 1261, 15 ; 1268, 14 ; 1343, 7.

Investitures of great prelates by the king's giving them pastoral staff and
ring, opposed by Anselm, and compromised by king and him, 1107,
Pf. ; 1107.

to abbacies, to be given by bishops, 1138, 5.
John of Oxenford, the king's chaplain, presided in the state council at

Clarendon under the king, 1164, Pf. [Lat.]

John Peckham, friar, archbishop of Canterbury, his spirit, 1279, Pf.
his revocation of some articles of general excommunication, 1279, 3.
his forbidding the people of his province to sell victuals to his rival of

York, ibid. [Addenda.}

his homily and excommunications used here, 1408, 1.
and received by convocation of York, 1466, 1.
John Wickliff, the great prevalency of his doctrine, and the condemnation

of his books, 1408, 5. [See Heresy.]
Ipso facto excommunication, the nature of it, 1391.

against those who accused and molested innocent clerks, 1261, 5.
against armed felonious clerks, 1268, 4.
, against invaders of manors and granges of ecclesiastical persons, 1268,

12.

against violators of sanctuary, ibid,
prelate that refuses to give the poor what he took for obstructing peace,

excommunicated from the time he committed the crime, 1268, 27.
against all pluralists wanting dispensations, 1279, 1.
against such as hindered the reading of Othobon's constitution against

concubinary clerks, 1279, 5.
' against clerks thrusting themselves into filled benefices by the king's

writ, 1342, 13.

against laymen intercepting oblations, 1343, 6.
against fraudulent executors, 1343, 7.
against contractors of suspected marriage, and all that were conscious,

1343, 1 1 ; 1363, 4.

against violators of sequestration, 1343, 15.
against those who outlawed men, by putting them in a false county,

1343, 16.

against fraudulent tithe-payers, 1347, 3.

against priests that give or take more than appointed salary, 1378, 1.
against those who break constitution about preaching, 1408, 1, 2.
against such as defended a proposition, carrying a sound of heresy, till

they recanted, 1408, 7.
against officials, that were either bigamous or married clerks, or laymen,

1415, 2.

against users of auncel weight as inf ringers of Magna Charta, 1430.
against those that made arrests or assaults in churchyards, 1463.

568 INDEX.

Ipso facto deprivation from office and benefice, against married or concu-
binary clerks, 1237, 15, 16.

against intruding clerks, 1261, 3.

against armed felonious clerks, 1268, 4.

against concubinary priests not reformed by suspension, 1268, 8.

against archdeacons refusing to pay doubles of their exactions, 1342, 6.

against chaplains taking more than six marks salary, 1347, 1.
Ipso facto suspension from office and benefice, for taking secular jurisdic
tion, 1268, 6.

suspension for ever against abbots alienating lands, 1444, 2.

from office and benefice, against prelate delegating jurisdiction to un
qualified clerk or layman, 1415, 21.

against prelate collating a new clerk on bare report of the former's death,
1268, 11.

suspension from office for unclerical habit, 1268, 5.

against clerks concerned in causes of blood,, 1268, 7.

against advocates guilty of subornation, 1237, 29.
Ipso facto suspension from entrance into church.

against complices in fraudulent donation of goods, 1347, 4.

against clerks giving acquittance to executors before accounts, 1342, 6.
Irregularity, what it was, and how to be cured, 1236, 1.

incurred by stipendiary priests officiating in manner forbidden, 1305, 5.

incurred by a male child twice confirmed, 1332, 2.

no priest ought to absolve him that is under this censure, 1363, 5.

if contracted by murder the pope cannot absolve him by his regulated
power, but by his plenitude only, 1236, 1.

contracted by marrying two wives not by having several whores, 1415.
Jury, See Inquest.

K.

King, his consent not thought necessary for translating sees, though in

some cases proper, 1075, 3.

mass might be said in his chapel though not consecrated, 1342, 1.
his court, to bring them that were contumacious against bishops 'to

satisfaction, 1085.

but not to meddle with the episcopal law nor ordeal, ibid,
not to invest bishops or abbots by pastoral staff and ring, 1107, 1.
but to have homage from them before consecration, 1107, 2.
he and his great lords requested to be present at synod, 1102, Pf. Lat.
and were present, 1108, Pf. Lat.; 1175, Pf. Lat.
his consent necessary to the impropriation of benefices within his own

lands, 1164, 2.

archbishops and bishops not to depart the kingdom without his leave
1164, 4.

INDEX.

569

King, his tenants and officers not to be censured in ecclesiastical court,
without application first made to him, 1164, 7.

appeals to end in him, and be finally concluded on a re-hearing in the
archbishop's court, 1164, 8.

to assist, and be assisted by bishops against great men, 1164, 13.

chattels of criminals, though lodged in church, belong to him, 1164,
14.

pleas of debt, though on faith given, belong to him, 1164, 15.

being present in synod, ratifies one single canon, 1175, 9.

if he commanded prelates to lay before him their proceedings in eccle
siastical court, they were to answer, they could not obey such man
dates, 1261, 1.

if he issued any attachments against prelates, they were to admonish
him to revoke them ; if the attachments were executed, the officers
were to be censured, their lands laid under interdict : so must the
king's lands, first within the diocese, then throughout the province,
if he did not revoke his mandates, ibid.

he was to be excommunicated by implication, 1261, 4.

his prerogative to use clerks in secular jurisdiction, 1268, 6.

kings frequently accepted from the pope grants of tenths on clergy,
1298, Pf.

no one to be excommunicated at his command, 1343, 1.

nobility and kingdom, to be prayed for, 1359.

Kiss of peace, or of the pax, (an instrument of superstition,) 1236, 4, 32.
Knight Templars and Hospitallers regulated as to their impropriations,

' 1200, 14.
[Kniple, a knife, 1342, 2, note t-]

Lammas, St. Peter ad vincula, Gula Petri, 1416, 1, [note.]

Lands of Church, charged with arms by the Conqueror, 1070, Pf.

Lapse, from bishop to chapter, from chapter to bishop, then to archbishop,

1 195, Ps.

to archbishop and pope reserved, 1279, 1.
Laymen, excommunicated for not appearing at the third summons,

1076, 4.

and when they submit, to pay for contempt, ibid,
sodomites uncapable of promotion, 1102, 28.

their donation of benefices and tithes forbid, 1138, 5 ; null, 1126, 4.
not to be accused in ecclesiastical court but by certain witnesses,

1164, 6.

the bishops personally to hear their causes, ibid.

not to be censured, till the sheriff had first tried to bring them to satis
faction, 1164, 10.

570 INDEX.

Laymen, forbid to farm ecclesiastical benefices, 1175, 10 ; 1237, 8.
and even to be partners with the clerk that farmed them, 1195, 16.
might baptize in extremity, 1200, 3.
how to do it, 1223, 1.
what to be added by the priest, 1236, 12.
their baptism how examined, 1236, 1 1.

without land, not to testify against clerks for breach of faith, 1261, 6.
being executor, must renounce temporal courts, 1268, 14.
apt to mistake in the form of baptism, 1279, 4.
forbid to intercept offerings, 1328, 7 ; 1343, 6.
not to alienate possessions of church without the bishop, 1330, 7.
censured for indicting ecclesiastical officers for extortion, and disturb
ing ecclesiastical jurisdiction, 1 343, 13.
could have no places in ecclesiastical court by canon, but in fact had

them, 1415, 2.

Legacy, principal, custom to be observed in it, 1 250, 2. See Mortuary.
Legate of the pope, several sorts of them, 1 237. Pf. Lat.

Hennenfride, John and Peter, do execution upon prelates to please the

Conqueror, 1070, Pf.
John de Cremona, to give a pattern of chastity to English prelates,

1126, Pf.

Alberic of Ostia, 1138, Pf.

Albertus and Theodine, to give penance to King Henry II., 1 1 64, Ps.
Otho, against the will of great men, bishops and clergy, to please King

Henry III., 1237, Pf.
Othobon, who consented the king should have tenths of the clergy,

1268; 1298, Pf.

as did likewise Rustandus, 1298, Pf.
Petrus Rubeus came to levy money for the pope, ibid.
Hugo the cardinal, to pacify the two archbishops, 1 1 75, Ps.
W. Corboyl, archbishop of Canterbury, the first English legate, 1126,

Pf.
Henry of Winchester, by his legateship had power over both provinces,

1143.
Legatine decrees had perpetual force, 1237, Pf.

Hubert Walter, archbishop of Canterbury, was legate, not legatus natus,

1195, Pf. and 9.

Lent, the time for confession, 1378, 3.
and for solemn penance, 1281, 7.
not kept strictly here, 1378, 4.
Leo X., pope, his character, 1519.
Lepers might build a church, and have a priest for themselves, and were

to pay no tithes for garden or cattle, 1200, 13.
Licence of bishop for priest to perform divine offices in the diocese, to be

given gratis, 1200, 8.
for schoolmaster, to be given gratis, ibid,
necessary to qualify a strange priest to officiate in the diocese, 1322, 1.

INDEX.

571

Licence, for private marriage, and perhaps without previous banns,

1328, 8.

several licences relating to marriage mentioned, yet none for marrying
without banns, 1343, 11 ; yet see 1347, 7.

to celebrate in unconsecrated chapels null, except , 1342, 1.

to marry in another church grantable by curate, 1343, 11.
to preach, to be granted and drawn gratis, 1408, 1.
{Lincoln, bishops of, patrons of St. Oswald's, Gloucester, and of Selby, 1175,

Ps. Addenda.]
Liveries. See Corrodies.
[Lollards. See Heresy.]

London, the precedence of the bishop thereof, 1075, 1.
bishop thereof dean of the province, 1261, 1.
and as such to go to the king (if the archbishop cannot) to admonish

him to revoke unwelcome mandates, ibid.

and to him the archbishop sent his mandate for publishing constitutions,
1298, Pf. Lat. ; 1351, Pf. Lat. ; 1359, Pf. Lat. ; 1362, 3 ; 1378, Pf.
Lat. ; 1408, Ps. Lat. ; 1415, Pf. Lat. ; 1416, Pf. Lat. ; 1434, Pf. Lat. ;
1454, Pf. Lat. ; 1463, Pf. Lat.

there is one instance of the bishop of London's answer to the arch
bishop's mandate, viz., 1391.
Lord's day, strictly to be observed, courts and markets then forbid, 1359.

from Saturday vespers to Sundays, 1359, 1362, 3. See Feasts.
Lords temporal, did much obstruct ecclesiastical jurisdiction, especially in
point of wills, which they claimed as belonging to their own courts,
1343, 12.

M.

Magna Charta, to be put up in every cathedral and collegiate church,
and to be renewed every Easter, 1279, 3 ; 1298, Pf. Lat.

[violators of it excommunicated, ibid., and 1343, 1, Addenda.]
Marriage alone excuses the guilt of the mixture of man with woman,
1378, 2.

this often to be inculcated on the people, ibid.

in what degree forbid, 1075, 6 ; 1102, 24 ; 1126, 16.

without priest's benediction called fornication, 1076, 5.

forbid to priests, excepting those in vills already married, 1076, 1.

forbid to subdeacon, and all above him, 1102, 4 ; 1175, 1.

contracts of marriage without witnesses null, 1102, 22.

public only allowed, 1175, 17 ; 1200, 11.

consent of both parties after they are of age necessary, 1175, 18 ; 1 36,
30.

not dissolved by parents' baptizing their own children, 1200, 3.

no fee to be paid for benediction, 1200, 8.

572 INDEX.

Marriage, not to be contracted between persons naturally or spiritually

akin, 1200, 11.

separable, that parties might enter into religion, 1236, 27.
lawful, not to be obstructed, 1268, 13.

cognizance of marriage, dower, and bastardy, claimed as peculiar to ec
clesiastical jurisdiction, between 1308 and 1322, No. 5.
how to be solemnized, 1322, 7.
clandestine, what so esteemed, 1343, 1 1 ; 1347, 7.

he that had been twice married, irregular : he who had several concu
bines not so, 1415.
the married clerk's goods went not to wife and children, but to his

church, 1237, 15. See Spousals.

Martin Luther, his preaching against indulgences, 1519.
Mary, Blessed Virgin, a preface inserted in the mass in honour to her,

1175, 14.

her conception festivally celebrated, 1328, 2. See Feasts.
Mass, not to be celebrated in a church till consecrated, 1071, 8.
[this allowed by licence in certain cases, 1342, 1.]
no bell to be tolled during the secret of mass, 1071, 10.
how many prefaces in it, 1175, 14.

not to be enjoined in penance, 1195, 4 ; 1200, 4 ; 1378, 3.
not to be said twice a day without necessity, and then the priest to for
bear drinking the washings of the cup the first time, 1200, 2 ; [1222,
6 ;] 1367, 3.

when to be said twice a day, 1222, 7.
masses not to be sold, directly or indirectly, 1236, 8.
one for the dead denied to operate so much as many, 1281, 2.
not to be said till undern be ended, 1322, 5.
Mass-priests, such as took pay for celebrating masses for the dead,

1236, 8.
Masters, to teach scholars old doctrine only concerning sacraments, &c.,

1408, 4.

[Memories, what, 1343, 10, notes c and J.]
Milk, why pretended to be tithe free in August, 1305, 6.
Minister of the altar, or he that tended at mass, was to be lettered, and
to see that pure bread, wine, and water, were provided for mass,
1195, 1.

of archbishop to demand no fee at consecration of bishop, 1 1 38, 3.
of bishop, what officer so called, 1 1 27, 6.
bishop's minister was to seize priests' concubines, 1 1 27, 7.
king's minister to bring men to ordeal in the bishop's court, 1085.
[Misericordia, mitigation of penance, 1072, 7, note *.]

[relaxation of monastic duties, 1222, 38, note f.]
Monastery not to exceed its proper number of monks, 1222, 42.
Monies to be duly reverenced, 1070, 13.

vagrant, not to be received into the army, or convent of clerks, 1071, 12.
they that fought for the Conqueror enjoined penance, 1072, 5.

INDEX. 573

Monks, called upon to keep the rule of Benedict, 1075, 2.

young ones to carry lights by night, ibid.

to have no property without licence, under pain of , 1075, 2 ;

1200, 15.

foreign, not to be received, 1075, 4.

what put them on forging charters, 1076, 6.

they that had forsaken their order to return, 1102, 11.

to receive to confession none but monks, and by abbot's licence, 1102,
18.

not to be admitted for money, 11.27, 3 ; 1175, 8 ; 1200, 15.

on taking holy orders, to continue monks still, 1 1 38, 14.

forbidden to trade or farm, 1175, 10.

one alone not to dwell in an impropriate parsonage, 1200, 15.

their habit regulated, ibid.

eighteen, the age for admitting monks, 1222, 41.

[relaxation of their duties called Misericordia, 1222, 48, note f .]

to become a monk, the priest's penance for disclosing confession, 1322, 9,
[note.]

not to be godfathers, 1102, 19.
Mortuary, or principal legacy, the second best animal of the deceased to

be paid to the priest, 1250, 2 ; 1305, 3 ; more largely, 1367, 1.
[Murder. See Homicide.]
Musical instruments ever used in the Church, 1305, 4.

N,

Names, lascivious, not to be given to children, especially to girls, 1281, 3.

might be altered at confirmation, ibid.

Noblemen might have their unconsecrated chapels licensed for the cele
bration of mass, 1342, 1.
Norwich taxation, 1279, 1.

Notaries, public, of old not used in England, 1237, 28.
Nun, might not be godmother, 1102, 19.

might not be admitted for money, 1127, 3 ; 1175, 8.
forbid sables, and gaudy apparel, 1138, 15 ; 1200, 15.
forbid to go out of the house without the prioress, 1195, 15.
to make their confessions to the priest assigned by the bishop, 1222, 42.
cautioned to preserve their chastity, 1279, 11.

their conversation regulated, and novices declared to be ipso facto pro
fessed after a year's trial, 1281, 18.

Nunnery, neither clerk nor laic to come into it without just cause, 1222,
42.

574 INDEX.

0.

Oath [of chastity, imposed on all who were admitted to the superior

orders, 1076, 1, Addenda^]
of calumny, what enjoined, 1237, 24.
corporeal, what, 1305, 5.
of residence to vicars, 1237, 10.
against simony required, 1 1 38, 5.
not imposed of old, but where the bishop had a suspicion, 1222, 18;

1391.

that no pension was reserved, 1236, 24.
of stipendiary priest to his principal, 1305, 5.
Obedience, that is, any office in a religious house not to be farmed by a

religious person, 1195, 14.
Obedientials, they who enjoyed such places.

to yield up annual accounts of their administration, 1 222, 35.
they might farm manors of their own houses, 1222, 46.
Oblation not to be made for monks dying with a concealed property,

1200, 15.

Oferhyrness, 1076, 4.
Offerings. See Laymen, Tithes, &c.

Official, a judge ecclesiastical, substituted by bishop or archdeacon to hear
causes in their courts, and who ought to be, and were for the most
part, in priest's orders.

the rise of them, 1164, 10 ; 1195, Pf. Lat., and Ps. Lat., 1222, 30.
not to extort fees, 1222, 3 ; nor to raise subsidies on the clergy, 1222,

25.

not to obstruct peace between litigants, 1222, 28.
to consult good lawyers in different cases, and to have each a register to

preserve acts of court, 1237, 28.
distinguished from vicars general, 1343, 15.
holding their consistory, where victuals could not be had but with the

incumbent, their acts nulled, 1342, 8. See Prelates.
Oils. See Chrism.
Oratory, not to be built without the bishop's licence, 1138, 12.

if not consecrated, to have no mass celebrated in it, except ,

1342, 1.

Orders taken for gain, or under mortal sin, not to be exercised before con
fession, 1236, 2, 37.
great care to be taken in conferring them, and a list of the names of the

ordained, 1237, 6.

not five orders to be given at once, 1281, 5.
but sixpence to be given for letters of orders, 1342, 2.
letters of them to be shewed on coming into a new diocese, 1408, 9.
Ordinaries. See Prelates.

Ordination of clerks to be performed at set times, 1071, 4.
rules to be observed in doing it, 1322, 1.

INDEX. 575

Ordination, to be done without money, 1126, 1.

Ordination, that is, the care of a church during vacancy, and in filling it,
1237, 12.

[" To ordain, sometimes signifies to institute, 1126, 9."]

Organs, musical, how ancient, 1305, 4.

Ornament, to be provided for all ministrations, 1195, 8.
which of them to be found by parishioners, 1250, 2 ; 1281, 27 ; 1305, 4.

Osculatory, the tablet kissed at mass, instead of the old kiss of peace,
1250, 1.

Osmund, bishop of Sarum, the use composed by him, 1416, 2.

Oswald's, St., Glocester, decreed to the archbishop of York, by the legate,
1175, Ps.

Otholon, granted to the king three years' tenths on clergy, 1268, Pf.
his constitution against concubinary priests to be read in every synod,

1281, Pf. Lat.
and at every quarterly chapter, 1279, 3, 5.

Outlawry decreed in synod, 1127, 1.

Oxford, the privileges of that University confirmed by convocation, and
the sentence of that University against beneficed clerks to be ex
ecuted throughout the province, 1279, 13.
the care taken to extirpate Lollardy there, 1408, 10.

P.

Parish chaplains, that is, curates, their salaries, 1347, 1 ; 1362, 1.

enabled to censure detainers of tithes, 1305, 6.
Parish priest, what he was, 1127, 5 ; 1362, 1.
to preach and visit sick, 1222, 10.
might not preach without licence, though perpetual curates might,

1408, 1.

might excommunicate detainers of tithes, 1223, 10 ; 1236, 35.
rectors, perhaps so called, 1237, 3 ; 1268, 1.
Parishioners, what ornaments and repairs to find, 1250, 1 ; 1281, 27 ;

1305, 4.

that they did this by assessment on lands, 1342, 4.
Parsonage, but one in one parochial church, 1222, 13 ; 1237, 12. See

Church for Parsonage.
Parsons, all ecclesiastics that held of the king in capite so called, 1164,

11.

[" The word at that time first used in such a sense," ibid.]
Parsons, that is, rectors and vicars, bound to inform against concubinary

parish priests, 1236, 26.

not to farm out their benefice without bishop's consent, 1222, 49.
that is, cathedral clergy, to choose bishop in the king's presence,

1164, 12.
of the king, perhaps his chaplains, to be at the election, ibid.

576 INDEX.

Patron of church, lost his right by killing or wounding his clerk,

1236, 34.
recovering his right to have his clerk admitted, if the church be not

filled, 1261, 2.

to lose the next turn, if he divided the benefice, 1268, 11.
vacancy by the clerk's being a pluralist to be notified to him, 1268, 29.
to have no pension from his clerk, though it were promised, 1268, 33.
Penance for gross crimes to be given by bishop only, 1071, 11.
of those who fought for the Conqueror, 1072, 1 — 12.
[" Clergyman's penance for murder, what, 1072, note d."]
[ " a layman's, what, ib., note e."]
and of ravishments committed by them, 1072, 12.
to be given to none but monks by monks, 1102, 18.
of forty days to priests on relinquishing their women, 1108, 9.
of such as struck ecclesiastics, reserved to pope, 1138, 10.
such to be enjoined married persons, as may not raise jealousy, 1200, 4.
not to be given for money, 1237, 4.
what arises from it, not to be farmed, 1237, 7.
not to be denied to malefactors in jail, 1261, 18.
several sorts of it. Solemn to be enjoined for murder, incest, &c.,

1281, 7.

for priests disclosing confession, 1322, 9.
letters of penance to be without fee, 1363, 5.
pecuniary and corporal, 1343, 12.

Pensions, not to be laid on churches, 1200, 8 ; 1236, 24.
null, if they are simoniacal, 1268, 11.
revoked, if they be not ancient, or privileged, ibid.
Perquisites, what they properly were, 1305, 5.
Philip de Broc, the wicked canon of Bedford, 1164, Ps. Lat. [note.]
Physician, to make no application till he has persuaded the patient to

send for the priest, 1229, 12.
Pilgrimage not allowed to religious, 1200, 15.

was the priest's penance for disclosing confession, 1322, 9.
to speak against it, heretical, 1408, 8.
Pleban, perpetual dean rural, 1363, 5.
Pluralist without dispensation, to be content with benefice last obtained,

1279, 1.

uncapable of promotion, penance, or salvation, ibid,
not to be admitted to another benefice till he shew his dispensation, or

take oath to resign what he had before, 1268, 29.
resigning his benefices collusively, to get preferment, never to have them

restored, 1268, 32.

Pluralities rife in England, and those without dispensation, above sixty
years after council of Lateran, 1216, and eleven years after the con
stitution of Othobon, 1268, viz. 1279, 1.

required to be resigned under severe penalties within six months, and
hopes of reformation expressed, 1281, 24.

INDEX. 577

Pluralities, they had so prevailed in England, that Otho durst make

no decree against them, 1237, 12, 13.
Poor, their portion, 1268, 30.

they, and others for them, allowed to work on Good Friday, 1328, 1.
to pay nothing to ordinary for insinuation of wills, 1328, 5.
a portion to be assigned them, out of impropriations, 1342, 4.
Pope, Anselm's dispute with Rufus concerning the true pope, 1102, Pf.
restoring of clerks ordained by improper bishops, and of strikers of

clerks claimed as peculiar to him, 1138, 10. See Reserved cases,
they who violated churches, or churchyards, to take penance from him,

1143, 1.

his decrees and canon law the cause of much evil here, 1164, Pf.
he laid a long interdict on this whole kingdom, 1222, Pf.
what irregularities could be cured by him alone, 1236, 1.
under pretence of aid for the holy war, brought the spiritualities of the

Church under continual taxations, 1188, per tot.; 1298, Pf.
kings forced to ask their leaves to levy tenths on clergy, 1298, Pf.
sends a golden rose to King Henry VI., and for what purpose, 1446.
Possessor of old sent by ecclesiastical court to a disputed benefice, 1237,

28.
Prayer, the bidding of beads before sermon, so called, 1408, 1.

occasional, public. See Processions.

Preachers, that is, strolling friars, to be entertained by rectors, 1281, 11.
by law, by canon, or by privilege, who, 1408, 1.
such as were licensed by bishop, first to be examined, ibid,
the regulation of all preachers, and their sermons, 1408, 1, 3, &c.
at Paul's cross, to publish archbishop's constitutions, 1454, Ps.
Preaching marvellously on the crusade, 1188, Pf. Lat. and Ps. Lat.
Prebend not to be bought or sold, ] 102, 14.
nor to descend by inheritance, 1126, 5.
the cure of prebendal churches, 1362, 2.
Prefaces in the mass, ten only allowed, 1175, 14.

Prelates, that is, bishops, abbots, deans, priors, archdeacons, or their sub
stitutes, exercising ecclesiastical jurisdiction,
[explained by Athon, 1237, 27, note *, p. 171.]
not to impose new pensions on churches, nor to take fruits of vacant

benefices to their own use, 1200, 8.

to institute and induct gratis, 1222, 3 ; and to restrain officials in fees,
ibid.

nor to usurp the mesne profits not yet collected, (so it ought to be read)

1222,4.
if there be any delay in instituting, when there is no just objection,

the mesne fruits to be restored to the clerk, ibid,
to make restitution of damage done by hasty institution, 1237, 11.
not to admit sons to fathers' benefices, 1237, 17.
not to obstruct peace between litigants, 1237, 21.
if they do, to make restitution, and give doubles to the poor, 1268, 27.
JOHNSON. p

578 INDEX.

Prelates, not to shew acts of their court to king's judges, nor to purge him
self on oath from having disobeyed the king's mandates, 1261, 1.

bishop refusing to certify excommunicates, to be compelled by arch
bishop, 1261, 4.

imprisoned by king's judges, to be demanded by archbishop, &c.,
1261, 1.

forthwith to collate to vicarages vacated by tenth of Otho, 1268, 9.

not to institute without good evidence that the church is vacant, 1268,
10.

not to apply mesne profits to their own use, without special cause or
custom, 1268, 15.

to see that their own houses be well repaired, 1268, 17.

not to seize goods of intestates, 1268, 23.

to commit causes to none but dignitaries or canons of cathedral or col
legiate churches, 1268, 24.

to put their seal to no proxy but at request of principal, 1281, 13.

making clandestine inquest to satisfy for damages, 1281, 14.

to substitute no bigamous or married clerk, nor layman, 1415, 2.

to take nothing for insinuation of a poor man's will, 1328, 5.

to assign fees to their ministers, 1342, 2.

to pay the doubles of a third commutation accepted from the same
man, 1342, 10.

admitting presentees (so it should be read) into the place of present
possessors, censured, 1342, 13.

to enquire into the apparel of clerks, 1343, 2.

to beware of insufficient substitutes, 1347, 6. See Officials.
Presentation, within what time to be made, 1222, 5.
President, the principal priest belonging to any church, 1305, 5.

the same with ordinary or judge ecclesiastical, 1308.
Priest to invite laymen to penance, 1070, 7.

in vills or castles might retain their wives, 1076, 1.

yet none to be ordained without professing chastity, ibid.

if incontinent, his mass not to be heard, 1102, 5.

their sons not to succeed them in their churches, 1102, 7.

not to drink to pegs, 1102, 9.

clothes to be of one colour, their shoes plain, 1102, 10.

that they who served impropriate churches might not want, 1102, 21.

not to be losers by corpse being buried in another parish, 1102, 25.

to have no familiar conversation with women, 1108, 1 — 10 ; 1126, 13 ;
1127, 5.

to make his purgation by six, the deacon by four, 1108, 4.

to have vicars to officiate for them during penance, 1108, 9.

forfeited their goods for incontinency, 1108, 10.

lost their honour if ordained without title, 1126, 8.

anathematized if they become sheriffs, &c., 1175, 3.

none to be married without his benediction, 1175, 17.

how to carry the host to the sick, 1195, 2.

INDEX. 579

Priest, not to enjoin masses in penance, 1195, 4.

not to bargain for masses, but be content with offerings, ibid.

to give baptism and eucharist to sick without delay, 1195, 6.

not to go to taverns, nor publicly keep concubines, 1195, 18.

to be very exact in pronouncing, especially the canon of mass, 1195, 1.

not to celebrate after a lapse, before they confessed, 1200, 4 ; 1322, 5.

ordained without title, to be kept by bishop, 1200, 6.

had power to censure and absolve detainers of tithes, 1200, 9 ; 1223,
10 ; 1236, 35.

none to be instituted in poor churches but who would personally serve
them, 1200, 10 ; 1222, 15.

two or three required in every large church, 1222, 17.

they were the proper ministers of baptism and penance, 1223, 1.

how to treat such as came to confession, 1236, 16.

not to make their wills by a lay hand, 1236, 29.

not to kiss their host before he received it, 1236, 32.

at hour of death might absolve in reserved cases, but how, 1236, 10.

to have a clean cloth near the altar to wipe his fingers, 1236, 32.

upon ordination, to be examined chiefly concerning sacraments, 1237, 2.

to explain form of baptism to the people, 1237, 3.

and beneficed clerk never to accept jurisdiction from secular men,
1268, 6.

to say such a mass for deceased bishop, 1279, 8 ; 1281, 26.

not to communicate another's parishioner, 1281, 1.

not to rebaptize those baptized by laymen, 1281, 3.

unknown, how to be admitted to officiate, 1322, 1.

to admonish parents to carry their children to be confirmed, &c.,
1322, 2.

their care about the altar and reserved host, and carrying it to the sick,
1322, 4 ; 1362, 1.

their care about banns and matrimony, 1322, 7.

not to be present at matrimony clandestine or without banns, 1328, 8.

when he came to officiate in a new diocese to give a penny to arch
deacon to enter him into his matricula, 1342, 12.

censured for marrying privately, or suspected persons, not parishioners,
1343, 11 ; or being present at such marriage, 1347, 7.

not to give above six marks a year to chaplain, 1347, 1.

censure or process was to follow him on change of diocese, 1 362, 2.

to make no abatement or commutation of penance enjoined by superior,
1363, 5.

deemed fornicators if they do not remind people that all mixture of
man and woman without marriage is mortal sin, 1378, 2.

ignorance of priests still remained a hundred and sixty-five years after
Peckham, 1466, 1.

stipendiary, called also chaplains, not to share in the oblations, espe
cially not those made on occasion of a dead corpse present, to assist
at singing hours in chancel, nor begin their private mass till after
p p 2

580 INDEX.

the gospel of high mass be ended, and to take an oath to observe
this, 1305, 5.
Priest, forbid to choose chantries and soul masses rather than curacies,

1362, 1; 1347,1.

chantry priest allowed but five marks a year, curate six, 1362, 1.
six marks allowed to each, 1347, 1.

the chantry priest seven marks, the curate eight, 1378, 1.
Priors, that is, the heads of lesser monasteries which had not abbots, the
priest next the abbot in greater monasteries, or next the bishop in
cathedral monasteries where the bishop performed the part of abbot,
for what they may be removed, 1200, 15.

Priory, a lesser monastery, none to govern it but a priest, 1126, 7.
Prisons, every bishop to have one or more for criininous clerks, 1261, 21.

how clerks were to be kept there, 1351.

Probatory term, time allowed by judge for producing witnesses, 1237, 24.
Processions, for king, &c., enjoined by archbishop in convocation, 1298,

5, ["bylslep, 1359."]
again, on the morrow after the octaves of Pentecost, on Lord's days,

feasts, Wednesdays and Fridays, 1268, 35 ; 1454.
Proctors, of cathedral and parochial clergy in convocation, 1279, 12,

[note]; 1298, Pf. Lat.

agents in courts ecclesiastical, how to be constituted, 1237, 25.
of intruding clerk to be treated as principal, 1261, 3.
pretending to be themselves principals to be excluded from all legal

acts, 1281, 13.
Procuration, that is, entertainment to the prelate who makes a local

visitation or does any ecclesiastical office,
due to visitor only when he visits, 1200, 5 ; 1268, 18.
but one to be paid for one church, 1222, 16.
to be moderate according to canon without extortion, 1222, 22, 23 ;

1237, 20; 1268, 18.

might be paid in money and the composition settled, 1336.
paid to pope's legate by the clergy.

canonical, due to bishop on consecrating a church, 1138, 3.
to the archdeacon or his official for induction, 1342, 3.
Procurations, claimed by apparitors, 1261, 19 ; 1268, 18.
Prohibitions, sent from king's court to ecclesiastical synods or courts to

prevent the mischief of pope's canon law.
Hubert Walter, archbishop of Canterbury, held synod in opposition

to this, 1200, Pf. Lat.
how prelates were to oppose these prohibitions, particularly in case of

faith or covenant broken, ]261, 3.

Proxies, not to be granted but by principals certainly known, 1281, 13.
Publications in churches. See Excommunications general.

excommunications against sodomites every Lord's day, 1102, 28.

against auncel weight, 1430.

the spiritual relation of sponsors, &c., 1322, 2.

INDEX. 581

Publications, women to be cautioned every Lord's day against overlaying

their children, 1236, 15.

excommunications against false swearers every Lord's day, 1195, 17.
the danger of patron's killing his clerk, 1236, 34.
Othobon's constitution against violating sanctuaries every Lord's day,

1268, 12.

Peckham's homily, &c., 1281, 9.
the duty of executors, 1343, 7.

excommunication against such as marry irregularly, 1343, 11.
Zouche's constitution every Lord's day, 1347, Ps. Lat.
Purgation from vehement suspicion of crimes, when the evidence was not

full, by six or twelve men, who believe the party to be innocent,
when compurgators are ready, they are not to be delayed, 1195, 19 ;

1200, 12.

it is not to be imposed on men of reputation, 1222, 29.
the practice of it regulated, 1342, 1 1 .
criminous clerks not to be easily admitted to it, 1351.

Q.

Queen might without licence have mass said in her unconsecrated chapel,

1342, 1.
Questors. See Friars.

R.

Jiectors, that is, abbots or priors of monasteries, incumbents in unimpro-

priate parish churches, to take care of the repair of their churches,

1195, 7.

not to exchange the parsonage for the vicarage, 1222, 12.
two in the same church forbid, 1222, 13 ; 1237, 12 ; 1208, 11.
must be a sub-deacon at least, 1223, 7 ; 1268, 29.
yet afterwards any clerk might be rector, 1268, 29, [note 1.]
dying before Lady-day, could not dispose of the tithes of the following

harvest, 1236, 23.

ought to inform bishop against incontinent parish priest, 1£36, 26.
what ornaments and repairs to be found by them, 1250, 1 ; 1281, 27 ;

1305, 4.

to choose the bearer of the holy water pot, 1261, 22.
being non-resident, to assign a portion to the poor, 1281, 11.
to excommunicate infringers of liberties by name, 1298, Pf. and 3.
and such as cut down what grows in churchyards, 1343, 14.
to levy, by suspension and excommunication, 20s. on profaners of

churches, 1363, 1.

58$

INDEX.

Rectors, he is a curate "perpetual, therefore qualified to preach in his

own church, 1408, 1.
fined 40^. if he let friar exceed his commission in preaching indulgences,

1466, 7.
Registers enjoined to ecclesiastical judges, 1237, 28.

none capable of this office but clerks, 1415, 2.
Regular. See Religious.
Reinelm of Hereford, resigned his bishopric out of a compunction for

having received it by royal investiture, 1107, Pf.
Religion, (that is, orders of monks, canons, &c.,) none new to be admitted

of without bishop's consent, 1236, 31.

Religious (monks, canons, nuns, &c.) not to farm obediences, 1195, 14.
not to travel from their houses without fit company, ibid,
not to appeal from superior and chapter, 1200, 7.
not to receive churches (as impropriate) without bishop's consent, 1200,

14.

nor to put priests into such churches without bishop's consent, ib.
their apparel regulated ; burnet forbid them, 1222, 36.
how to grant pensions, 1222, 38.
to pay nothing for their admission, 1222, 39.
to have one common dortor, refectory, provision, and on delivery of new

clothes, to resign old ones, 1222, 40.

silence enjoined them at appointed times. None to go abroad without
leave and a mate. They reformed offenders by sending them to some
other monastery, 1222, 43.

the fare of all, except the prior or abbot, to be the same, 1222, 44.
not to make wills, 1222, 45.
not to take churches to farm beyond the present rector's life, 12227

to eat and drink at stated hours only, 1222, 47.

to have mates with them when under relaxation, 1222, 48.

novices bound to profess after a year's probation, 1237, 19.

if they do not, to be deemed ipso facto professed, 1281, 18.

not to be administrators or executors, 1261, 15 ; 1281, 20; 1343, 7.

their conversation regulated, 1281, 18, 19.

not to be confessors but to those of their own body, 1322, 10.

a portion for the poor to be assigned out of their impropriations
1342, 4.

to pay church assessments for their lands, 1342, 5.

not to let their impropriate benefices to farm, contrary to the con
stitution, 1343, 3.

Reserved cases, in which none could absolve but the bishop, or his con
fessor, or vicar general ; or, if the case were thought exceeding gross,
none but the pope : these cases mentioned, 1236, 16.

pluralities reserved to pope or archbishop, 1279, 1.

bishops only could absolve in case of murder, 1281, 7, et passim.

or in case of defiling nuns, 1281, 17.

INDEX. 583

they only could absolve from general excommunications, 1343, 1, et

passim.

from censure against excess in apparel, 1343, 2.
from excommunications against molesters in tithe-taking, 1343, 4.
against clandestine contractors of marriage, and their complices, 1347, 7.
from censures against clerks giving or taking more than stated salary,

1378, 1.

from censures against assaulters or arresters in churches or church
yards, 1463, 1.

and against neglectors of constitution against preachers, 1408, 1.
thirty- seven cases reserved to priest, and bishop, 1363, 5.
Residence of rectors, 1237, 13. See Oath.
Resignation not to be made by proctors, 1237, 13. See Oath.
Richard, Becket's successor, how elected : he made three archdeacons of

Canterbury, 1164, Ps.
Richard I., king of England, his unhappy expedition to the holy land,

1188, Ps.

Rings forbid to nuns, 1138, 15.
one allowed them, 1222, 36.
Robert Winchelsey acted as a sincere papist in his dispute with King

Edward L, 1298, Pf.

he first settled lower clergy's right to sit in convocation, 1298, Pf. Lat.
Robbers, not to be entertained, 1222, 21. See Excommunications general.
Rochester, the bishop of that see vicar of old to archbishop of Canterbury,

1188, Ps. Lint. [Addenda.]

Roger of York, his claims on Canterbury, and turbulent behaviour, 1 1 75,
Ps.

S.

Sabbatarian notions advanced, but with ill success, 1201.
Sacraments to be devoutly administered, 1222, 6.

no money to be demanded for them, 1126, 2 ; 1138, 1 ; 1175, 7.

yet somewhat hinted to be due for them, 1222, 27.

what arises from them not to be farmed, 1237, 7.

how many they are, 1237, 2 ; 1281, 9.
Sacrifice of the Eucharist to be of wine, not beer, 1071, 6. See Host and

Eucharist.
Sacrilege, how punished, 1261, 8.

incurred by stipendiary priests hearing confession, 1305, 5.
Saints, speaking against the adoring of them, their images and relics,

deemed heretical, 1408, 8. See Feasts.
Salisbury, the bishop's see translated from Shirburn thither, 1075, 3.

the use of that church, some account of it, 1416, 2.

Sanctuary and the violators of it described and censured, 1261, 8 ; 1268,
12.

584 INDEX.

Satisfaction due from laymen for contempt of ecclesiastical court, 1076, 4.
Schoolmasters not to hire out their schools, 1138, 17. See Licence.
Scot-ales forbid to priests and clergy, 1236, 6.

forbid to all, 1367, 2.

Scripture, translation of it forbid without bishop's leave, 1408, 6.
Seals put by bishops to letters of orders, 1 175, 5.

of office to be had by all prelates, and how to be kept, 1237, 28.
Secret, or canon of mass, that is, the most solemn part of it from the Tri-
sagium to the Pax. Bells not to be rung while it is said, 1071, 10.

to be correctly written, 1195, 3.

perfectly pronounced, 1222, 6,

Sequestration not to be used but in special cases, during the vacancy of a
church, 1268, 15.

of benefices of clerks defendants in ecclesiastical court forbid, 1322, Ps.

impropriations subject to it, if the poor's portion be not paid, 1342, 4.

the goods under sequestration not to be used, 1343, 15.
Servants obliged to work on all feasts but those of obligation, 1362, 3.
Seven sacraments briefly explained, 1281, 9.

mortal sins expressed, ibid.

Simon Langham, archbishop of Canterbury and cardinal, his zeal for cer
tain rhymes in honour of St. Katharine, 1367, Ps.

Sudbury, archbishop of Canterbury, his fate, 1378, Pf. Lat.
Simony hinted on bishops and abbots, in Conqueror's time, 1070, 1.

and in ordination, as well as collation or nomination, 1070, 2 ; 1071, 2.

again in reference to ordination, forbid, 1 126, 1.

both as to orders and benefice, 1127, 1, 2.
Simoniacal contracts nulled, 1268, 33.
Six works of mercy, 1281, 9.
Slaves not to be sold as beasts, 1102, 27.

concubines of priests liable to be made slaves, 1108, 10 ; 1127, 7.
Sodomy forbid, but to very little purpose, 1102, 28.
Soldiers' penance for every one killed, wounded, &c., 1072, per tot.

the penance of murderers enjoined to them who fought for pay, 1072, 6.
Solutors, 1281, 20.
Sorcery, particularly hanging up of bones, forbid, 1075, 8 ; 1126, 15. See

General Excommunications.
Spiritualities of bishops and clergy, that is, tithes, offerings, mansion and

jurisdiction, when they began first to be taxed, 1298, Pf.
Sponsors, there ought not to be above two or three at baptism, 1195, 5 ;
1223, 1.

parents ought not to be sponsors at baptism or confirmation, 1200, 3 ;

1322, 2.
Spousals, no money to be demanded on that account, 1138, 1.

to be made before priest or some public person, 1322, 7 ; 1454, Ps.

in church with mass, 1367, 3.

Stephen, king of England, makes fair promises to clergy, but did not keep
them, 1143, 1.

INDEX. 585

Langton, archbishop of Canterbury by papal provision, declared King

John's resignation of his crown to the pope null, 1222, Pf.
Sterling money, why so called, 1328, 5.
Stigand, archbishop of Canterbury, deposed, 1070, Pf.
Subdeacon, and all above him, forbid marriage, 1 102, 4.

and bound to profess chastity, 1102, 6.

and to keep no women but mother, &c., 1108, 1 ; 1126, 13 ; 1 127, 5.

to make purgation by two equals, priests by six, 1 1 08, 4.

forfeited goods for incontinency, 1108, 10.

to relinquish wife, if married, 1175, 1.

ordained without title, to be kept by archdeacon who presented him to
bishop, 1200, 5.

none below him could be beneficed till after times, 1268, 29, [note 1.]
Subtraction of the fruits of benefice, a censure inflicted on clerks.

for intruding uncanonically into a new benefice, 1261, 3.

for writing attachments against ecclesiastical persons, 1261, 1.

for keeping a concubine, 1222, 31.

for one year for building on lay-fee, 1330, 8.

for excess in apparel, 1463, 2.

Summary way of proceeding in courts ecclesiastical, 1408, 10 ; 1439.
Summer and winter, the several ways of reckoning the beginning and

ending of them, 1250, 2.
Summons., three of old necessary before sentence, 1085.

by whom to be executed, 1342, 8.

to be made by an authentic messenger, 1237, 26.

to be certified by the person who made it, 1268, 25.

time to be given for one in foreign parts, 1281, 12.

manner of summoning one who cannot be found, 1328, 3.

served at improper place, null, 1342, 8.
Sunday. See Lord's day.

Surplice, was the vestment of him that served or tended at mass, 1222,
11 ; 1322, 4, 5.

and stole, used by priest in carrying host to the sick, 1279, 7.

to be used by stipendiary, or assisting mass-priest at his singing the

hours in chancel, at his own cost, 1305, 5.
Suspension from office and benefice.

against concubinary priests not reclaimed by being declared infamous,
1195, 18.

against intruders into benefices filled, 1237, 11.

against archdeacons admitting clerks into benefices filled, 1342, 13.

against concubinary priests and their concealers, 1268, 8.

against ordinaries refusing to pay the doubles of excessive fees, 1342,
2,5.

from benefice. See Subtraction.

from office.

against incontinent priests, 1102, 5.

for three years, against priests that marry others clandestinely, 1175, 17.

586 INDEX.

Suspension for not perfectly pronouncing canon of mass, 1200, 1.

for a year, against archdeacons who farm out their spiritualities, 1 222,

24.

against a regular priest transgressing in clothes or diet, 1222, 44.
against priests who burthen themselves with soul masses, 1236, 8.
against bastards, and such as are irregular, till they got dispensation,

1236, 37 ; 1138, 7.

against beneficed clerks for not effectually demanding tithes, 1250, 2.
against clerks writing attachments against ecclesiastical persons,

1261, 1.

for three months for neglect in keeping font, 1236, 9.
against priests receiving more than five marks a year for saying masses

or more than six for serving cure, 1362, 1. \\.
against priest for abating or commuting penance enjoined by superiors,

1363, 5.

against archdeacon or rector for neglecting to ask the bishop to conse
crate a church, 1268, 3.

against prelate for restoring benefices fraudulently resigned, 1268, 32.
for three months, against priests' neglect of the reserved host, 1279, 7.
for three years, against priests marrying without banns, 1322, 7.
for one year, for being present at marriage without banns, 1 328, 8.
for one month, for celebrating in unconsecrated chapel, 1342, 1.
against archdeacon for delaying or extorting fees for induction,

1342, 3.
against archdeacons that refused to pay the doubles of their extortion

on assisting priests, 1342, 12.

against clerks for excess in apparel till they reform, 1 343, 2.
against archdeacons for not enquiring after them who sell chrism,

1268, 2.
against bishop and archdeacon for exceeding in number of apparitors,

1342, 9.

for not paying doubles of excessive commutations, 1342, 10.
for exceeding in purgations, 1342, 11.
Suspension from office perpetual for holding consistory in improper

places, 1342, 8.

from office and entrance into church for delaying induction, or extort
ing fees on that account, 1 342, 3.

from entrance into church against detainers of tithes, 1250, 2.
against laymen not receiving eucharist and penance, 1378, 4.
against ordinaries personally administering goods of defuncts, 1 343, 8.
against archdeacons for neglect in reforming unclerical habit, 1268, 5.
against priests' concubines, 1268, 8.
against prelates demanding procurations when they do not visit %

1268, 18.

against prelates suspended from collating who yet collate, 1268, 29.
not to be passed without warning except where the excess is manifest,

1222, 26.

INDEX. 587

Swearing enormously, forbid to those who undertook the crusade, 1188, 5.

not to do it in usual cases and manner, heretical, 1408, 8.
Swords or knives of exceeding length worn by clergymen, 1343, 2 ;

1463, 2.
Synods, provincial, [more properly called councils, 1279, 12, note J, p. 268 ;

1328, 6, note j.]
twice a year, 1070, Pf. and 4.
the disuse of them in England, 1075, 1.
none in the reign of William Rufus, 1102, Pf.
[restored by Anselm, ibid, note *.]

king and great men present at them, 1107, Pf. Lat.; 1108, Pf. Lat.
Synod, legatine, without one bishop coassessor, 1195, Pf. Lat.

decrees of such synod esteemed of no force, but only during the legate-
ship, 1237, Pf.

Synods, diocesan, held once a year, 1071, 13; 1281, 12; every Easter
and Michaelmas at York, 1347, 1.

T.

Ten commandments, as understood by Papalins, 1281, 9.

Tenths of the spiritualities of the clergy, on what occasion first raised,

1188, per tot. ; 1298, Pf.
Theobald, said to be elected archbishop of Canterbury by the bishops,

1138, Ps.

Thomas, first archbishop of York, only subscribed his profession of obedi
ence to Canterbury, 1070, Pf.
second (as Girard) swore to it, 1 107, Pf.

Thomas Bedcet, how chosen archbishop of Canterbury, 1164, Pf.
occasion of the stirs made by him, 1 1 64, per tot.
murdered and canonized, 1164, Ps.
commemoration of him every Tuesday, 1398.
Thurstan, (misprinted Thomas) [see p. 37, note *,] archbishop of York,

goes to Rome to defend himself against Canterbury, 1126, Ps.
sent his excuse of absence from synod to him of Canterbury, 1127, Pf.
sent abbot of Fountain his proxy to synod at Tours, 1164, Pf.
Tithes to be paid, 1070, 10 ; 1071, 14 ; 1236, 35 ; 1175, 13 ; [1305, 6.]
to be paid to Church only, 1102, 13 ; 1223, 10 ; 1250, 2.
perpetual right to them not to be accepted without bishop's consent,

1127, 9.
to be paid without deduction for harvesters' wages, 1 195, 13 ; 1200, 9 ;

[1236, 35.]

not to be farmed by laymen, 1195, 16.

to be paid to proper church of lands newly cultivated, 1200, 9,,
the occasion of Pope Innocent's bull on this subject, ibid,
no prescription good against paying of them, 1223, 10 ; 1236, 35.

588 INDEX.

Tithes, modus of paying tithe of wool, lamb, &c., 1250, 2 ; 1305, 2.

tithe and offerings of prelates were no part of their baronies, 1261, 11.

they who detained them deemed heretics and infringers of liberties,
1305, 6.

they who refused to pay them till gloves or shoes were given them, and
obstructed the carrying of them by direct ways, censured, 1328, 7.

frauds and molestations in paying them forbid, 1343, 4 ; 1347, 3.

of wood, ceduous, whether it included timber, 1343, 5 ; 1466, 2.

of coal and saffron, 1466, 1 1 .

not to be sold till separated, 1330, 8.

[not before the preceding Lady day, 1236, 23.]

[in case of rector's death, provisions, ibid, and note.]
Title, necessary for one to be ordained priest or deacon, 1 1 26, 8.

and for one to be ordained subdeacon, 1200, 6.

Tonsure of clergymen to be preserved, and be visible, 1200, 10 ; 1102, 12;
1237, 14; 1268, 5; 1281, 21.

the lower part of the hair how to be clipped, 1102, 23 ; 1268, 5.

clerks without tonsure lost their privilege, 1261, 20 ; 1343, 2.
Trentals, 1236, 8 ; 1305, 5.
Trinity Sunday, or feast of Trinity, when instituted, 1268, 35.

V.

Vestments of priests and clerks for officiating, 1250, 1 ; 1281, 27 ; 1305, 4.

See Surplice.
Vicars to concubinary priests who were under suspension, 1108, 8.

to concubinary priests while they were under their forty days' penance,
1108, 9.

settled substitutes of rectors (who took an oath of fidelity to their prin
cipals) not to assume the parsonage, 1175, 12.

to take care of the repair of their churches, 1 1 75, 6.

none allowed but such as would serve in person, and would shortly be
ordained priests, 1222, 14.

to inform bishops of the excesses of their parish priests, 1236, 26.

upon admission to renounce all other benefices, and be capable of
deacon's orders next Ember week, and to swear residence, 1237, 10.

he that is vicar on any other terms to refund the fruits, 1268, 9.

and further to be deprived of all other benefices, ibid.

he was to choose the bearer of the holy water pot, 1261, 22.

he might excommunicate infringers of liberties by name, 1298, Pf.
and 3.

to be settled by religious in their impropriate churches where there was

none before, 1268, 22.
they were perpetual curates, therefore might preach in their own

churches without licence, 1408, 1.

INDEX. 589

Vicars, might, if poor, sue for augmentation sub forma pauperism, 1439.

Vicarage, but one to be in a church, except , 1222, 13 ; 1237, 12.

was of old a more compatible benefice than a rectory, 1222, 12 ; 1237,

10.

to be endowed with what would let for five marks a year, 1 222, 1 6.
some very poor where the rectory was rich, 1439.
these to be raised to ten marks if the rectory were worth it, ibid.
Vicars, temporary, that is, curates for a time, might not preach in their

churches without licence, 1408, 1. See Chaplains.
Vigils kept by night in the church, but disorderly, therefore forbid,

1363, 2.
of St. John Baptist, how to be kept, when Corpus Christi day came

next before it, 1519.
Villains, or tenants in villainage, not to be denied the privilege of making

wills and having them duly executed, 1261, 15 ; 1328, 4 ; 1343, 7.
Visitation, parochial, by bishop, archdeacon, or their officials,
the design of it, and the number of men and horses allowed, 1200,

5 ; 1222, 22.

archdeacons regulated, 1222, 25, 26 ; 1322, 6.
they visited every third year, and might visit every year, 1222, 25.
Visiting the sick to be done gratis, 1126, 2 ; 1138, 1.
Unction, extreme, said to procure lucid intervals in frenzy to the pre
destinate, 1281, 9.
the manner of carrying it, and rules in giving it, a strange objection

against it removed, 1322, 3.

Undern, tiers, nine in the morning, [1322, 5. See note +.]
Universities, the apparel of masters and scholars there regulated, 1 343, 2.
twelve men chosen by them, with consent of archbishop, to license such

new books as were thought fit to be read, 1408, 5.
Use of Sarum, what it was, 1416.
Usury, forbid to clergy, 1126, 14 ; 1138, 9.
to all, 1236, 18.

W.

Walter Reynold, archbishop of Canterbury, his superstition, 1322, 2.

threatened a thorough reformation of his court, 1322, Ps.
Washings of the cup in mass, how disposed of in the first mass when a

second was to be said, 1200, 2.
not twice to be taken by priest, 1222, 6.
a vessel for the washings of priest's fingers, which the sick man was to

drink after taking the host, 1236, 21.
the altar cloths, by whom to be washed, 1322, 5.
Welsh bishops first summoned to English council by Archbishop Corboyl,

1126, Pf. [note.]
three of them appear at a national council, 1127, Pf.

590 INDEX.

Welsh bishops, [one present at a council, 1102, Pf. Addenda.]

[ Wickliffites. See Heresy.]

William Courtney, his zeal against Wicklif, his making the corn-provincial

bishops his deputies, and enjoining the feast of St. Anne, 1391.
William Oiffard refuses to be invested by king in the bishopric of

Winchester, 1107, Pf.
William March., bishop of Bath and Wells, and king's treasurer, the part

he acted in relation to the clergy, 1298, Pf.
William of Normandy, came hither by authority of pope, and treated the

Church as his conquest, 1070, Pf.
yet never questioned her right to synods, ibid,
those who fought for him brought to penance, 1072, per tot.
William de Turbine, or Oorboyl, the first archbishop that had not been
monk, and the first English legate, goes to Rome to oppose Thurstan
of York, 1126, Pf. and Ps.; 1127, Pf. Lat.

Wills not to be made without the presence of a priest, 1236, 29 ; 1454, Ps.
of villains not to be obstructed, 1328, 4; 1343, 7.
fees for proving them adjusted, 1342, 6.
proved before ordinary, not to be proved elsewhere, 1261, 15.
unless some lay-fee be thereby devised, 1343, 7.
[" a (lay) executor when he proves a will before the ordinary to renounce

the privilege of his own court, 1268, 14."]

Women kept by priests as wives or concubines not to live on church
grounds, and forfeited as slaves to the bishop, 1108, 2, 10. See
Concubines.

none of that sex to enter crusade but unsuspected, 1188, 5.
dead in travail to be cut up, and why, 1236, 14.

the care taken that they should not overlay children, 1236, 15 ; 1347, 2.
how to behave at confession, 1236, 16.

not to make vows without knowledge of husband and priest, 1236, 28.
expecting travail to confess to priest, and have water ready to baptize

the child, 1236, 33.

not to be hindered in making their wills, 1261, 15 ; 1328, 4; 1343, 7.
Wulstan, bishop of Worcester, his braveness in the Conqueror's time
1070, Pf.

Y.

York, the convocation of that province receives the constitutions pro
vincial of Canterbury, 1462.

OXFORD :
PRINTED BY I. SIIRIMPTON.

JOHN£ON, JOHN 3X

5035
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English canons <J°

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