This is a reproduction of a library book that was digitized

by Google as part of an ongoing effort to preserve the

information in books and make it universally accessible.

https://books.google.com
 ''<:

.'.('

',' * . ' y v

I
-r, V.V'.'" ' V/-' HBfflHff
:'-v.

^Hwli K 111
K3
5*8

Hraaw
9B^^^^^^^^^^^^^^

fflSSSSffi,
Wf d. Ic/

r >
o ^57
 A COLLECTION

THE LAWS AND CANONS

OP 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 VICAK OF CKANDROOK, IN THE DIOCESE OF CANTF.ItBURY.

A NEW EDITION.

VOL. I.

OXFORD:
JOHN HENRY PARKER.
MDCCCL.
 OXFORD :
PRINTED BY I. SHRIMTTON.
 EDITOR'S PREFACE.

Notwithstanding the large General Preface and the

Advertisements which Mr. Johnson has prefixed to this
work, it is necessary for the Editor to add some further
explanation of the sources from which it is derived, and also
to give some account of the corrections and additions which
have been made in the present edition by the help of later
publications.
Mr. Johnson's translation of English Canons, &c, of which
the first and only previous edition was published A.D. 1720,
is mainly founded upon the Concilia of Sir Henry Spelman,
who had formed a plan for collecting all " the Ecclesiastical
councils, decrees, laws and constitutions of the British Isles"
in three periods, namely, from the first introduction of Chris
tianity to the Norman Conquest; from the Conquest to
the Reformation; and lastly from the Reformation to his
own time. The first part of the intended work, completed
amid the greatest difficulties, of which the almost universal
ignorance of the Anglo-Saxon tongue was even greater than
the troubles of the times, was published A.D. 1639 ; and the
second A.D. 1664, by his nephew after the author's decease,
which event prevented the execution of the third parta.
Besides the Concilia of Spelman there are two other works
in which Johnson consulted the originals of the documents
he translates, namely, the Archseonomia of Lambard and
the Provinciale of Lyndwood. The first of these is not con
fined to ecclesiastical regulations, but is a general collection
of the ancient laws of the English, published by William
Lambard, the Kentish antiquary, A.D. 1568, and afterwards
edited with additions and corrections by Abraham Wheloc,
professor of Arabic at Cambridge, A.D. 1644. The latter is
Wilkin, Cone. Mag. Brit., vol. i. p. xxxiii.
IV EDITOR S PREFACE.

the edition of Lavnbard's Archaeonomia used by Johnson in

correcting the text and translation of some of the laws in
Spelman's Concilia, and from which he adds others to his
collection, either on account of their ecclesiastical or general
interest, which had been omitted by Sir H. Spelman.
The Provinciale contains the provincial constitutions of
fourteen archbishops of Canterbury, from Stephen Langton
to Henry Chicheley, collected A.D. 142246, by William
Lyndwood, Doctor of the Canon and Civil Laws, Official of
the court of Canterbury, Keeper of the Private Seal, and
afterwards Bishop of St. David's. To this work in the edi
tion used by Johnson, Oxford, A.D. 1679, are appended the
Legatine constitutions of the cardinals Otho and Othobon,
A.D. 1268, with the Annotations of John de Athonb, who
nourished about the year 1290.
The remarks which have been made upon Johnson's trans
lation from these sources by others who have followed in the
same paths, afford sufficient testimony that he fulfilled the
task with much industry and learning. Since the publica
tion of his work, however, editions which have appeared of
the original documents from the best MSS. both Latin and
Anglo-Saxon, together with great advauces in the study of
the latter language, here, and on the continent, supply the
means of emending many inaccuracies of the earlier texts,
remove every difficulty of some passages which were per
plexing to Johnson, and shew some parts of his transla
tion, particularly from the Anglo-Saxon, to be inadequate,
or altogether erroneous.
The works which have almost superseded those of Lambard,
Spelman and Wheloc, and made it necessary that a new
edition of Johnson's translation should be accompanied
by numerous notes, are the following :
1. "Leges Anglo-Saxonicse, Ecclesiasticae et Civiles," by
David Wilkins, S.T.P., Canon of Canterbury, London, A.D.
1721. This was a more accurate and complete edition of the
Anglo-Saxon laws than the Archaeonomia of Lambard or the
second edition of it by Wheloc.
2. "Concilia Magnae Britanniae et Hiberniae a Synodo
Verolamiensi, A.D. 446, ad Londinensem, A.D. 1717." This
b See General Preface, sections xix, xx.
work, by the same author as the last, in four folio volumes,
published A.D. 1737, not only surpasses Sir H. Spelman's
Concilia in accuracy and completeness in the two former
periods, but also more than completes the design which he
formed, but lived not to execute, with respect to the third or
Post-Reformation period, and is still the chief standard book
of English Councils, &c.
3. " Ancient Laws and Institutes of England ; comprising
laws enacted under the Anglo-Saxon kings from iEthel-
birht to Cnut, with an English translation of the Saxon ;
the laws called Edward the Confessor's; the Canons of
William the Conqueror, and those ascribed to Henry the
First : also Monumenta Ecclesiastica Anglicana from the
seventh to the tenth century; and the Ancient Latin
version of the Anglo-Saxon laws, with a compendious glos
sary," &c, by Benjamin Thorpe, Esq., for the Record Com
mission, A.D. 1840. By this work, undertaken by one of the
first Anglo-Saxon scholars of the present age, under royal
patronage, and having at his command all the resources
readily available for a national work, both the Leges Anglo-
Saxonicac of Wilkins, and also his Concilia, so far as re
gards Anglo-Saxon documents, are in their turn very far sur
passed. Mr. Thorpe in his preface (p. ix.) remarks of the
Leges Anglo-Saxonicae : "As a monument of industry, this
edition is very creditable to Dr. Wilkins ; at the same time
it must, though reluctantly, be acknowledged by every one
competent to judge, that as a translator of Anglo-Saxon, he
not unfrequently betrays an ignorance even of its first prin
ciples, that, though not unparalleled, is perfectly astound
ing ;" of course the remark is almost equally applicable to
the translations of Anglo-Saxon in the Concilia, though
published sixteen years later. The faults of Wilkins as
a translator, did not arise from want of industry or indi
vidual attainment, which could be remedied by a few years'
study, but from the general ignorance of the Anglo-Saxon
language in his time : moreover his Concilia required the
preparation of so vast a body of additional matter relating to
later times, that he might well be excused for not carrying
on the Anglo-Saxon documents of the Concilia much beyond
the point of improvement in text and interpretation, to which
VI EDITOR S PREFACE.

he had brought them in his Leges Anglo-Saxonicae. It

seemed necessary to say thus much, to explain the degree in
which the labours of Wilkins, as well as his predecessors,
have been regarded in the preparation of the present edition :
his Anglo-Saxon text being carefully edited from good autho
rities, is sometimes valuable as affording a confirmation of, or
an important variation from Thorpe's, but his Latin trans
lation of the Anglo-Saxon text is treated as valueless where
it differs from Thorpe, and where Anglo-Saxon scholarship
alone is concerned, though sometimes quoted as of weight,
where the understanding of the passage depends rather upon
an acquaintance with ecclesiastical antiquities. Care must
be taken to distinguish the Latin translations of Anglo-
Saxon by Wilkins and his predecessors from the valuable
Latin version of Anglo-Saxon laws in the twelfth century,
an improved text of which is given at the close of Mr.
Thorpe's work. In Latin documents, either of Anglo-Saxon
or later date, Wilkins is quoted as the highest authority,
except in the few cases in which the same documents are
given in Thorpe's work or in Kemble's Codex mentioned
below. It must be observed that the quotations from
Thorpe's book for the Record commission, at the foot of
most of the pages in Johnson's first volume, are in very
few instances given as mere variations, but generally as the
undoubted corrections of misreadings of the originals, as
published by Lambard, Spelman and Wheloc, and of mis
takes in Johnson's translation.
The first part of Thorpe's work contains a complete
collection of Anglo-Saxon laws, but the second part, "Monu-
menta Ecclesiastica Anglicana," omits very many of the
Latin documents of the Anglo-Saxon Church which are to
be found in Spelman and Wilkins, and are translated in
Johnson's first volume. On the other hand some of the
documents there published by Mr. Thorpe would doubtless
have been included by Johnson in his collection if they had
been well known or accessible to him. Besides the Peni
tential of Archbishop Theodore in Latin, and the Confes
sional and Penitential of Archbishop Ecgbriht in Saxon,
which, from their nature and extent, would be properly
omitted from a compendious collection of canons, &c, Mr.
 EDITOR S PREFACE. VII

Thorpe publishes some ecclesiastical laws of King Ethelred,

(Thorpe, p. 129, 141, 145,) which were altogether unknown
to Johnson0 ; iElfric's pastoral epistle, p. 452, of which John
son probably knew no more than the name, or he could not
have failed to use it in illustration of the Canons of iElfric ;
the epistle entitled ' Quaudo dividis Chrisma,' p. 464d, and
Institutes of Polity, Civil and Ecclesiastical, p. 422, of one
chapter of which Johnson translates a defective Latin ver
sion6. For these important and deeply interesting docu
ments and the translation of them, Mr. Thorpe's work
should be consulted'.
4. " Codex Diplomaticus iEvi Saxonici, Opera J. M.
Kemble, M.A." London, A.D. 1839-48, published for the
Historical Society of England. This work contains upwards
of fourteen hundred documents consisting of grants of kings
and bishops, and other charters, from the beginning of the
Anglo-Saxon period to the Conquest, carefully edited from
the best authorities and chronologically arranged. In the
case of the restoration of the archbishopric of Canterbury
and the decree of Archbishop Athelard, A.D. 803, as well as
in other instances, it affords the only means of untying the
knot of historical difficulty upon which Spelman, Johnson and
Wilkins spent laborious and futile efforts. Some of these
documents are printed in the Appendix, which in the notes
is sometimes referred to under the name of Addenda, as
taking the place of Johnson's Addenda to the first edition
which in the present are inserted in his text at the places
to which they belong.
The only MSS. which the Editor has consulted are Cotton
Nero A, I, in the parts containing what are commonly called
Ecgbriht's Excerptions, (see below, p. 223, note,) and an
account of St. Gregory's regulation of the Ember-weeks, (p.
180) : Bodley 482, commonly called Penitentiale Ecgberhti
in Anglo-Saxon (p. 180, note *) : Bodley 718, containing
Ecgbriht's Penitential and Excerptions in Latin (p. 223, note
*) : Bodley Jun. 121, (MS. X. in Thorpe,) containing
iElfric's canons, &c, (p. 393, note f ; P- 397, note f) : but full
* See in Johnson's first volume, A.D. * Ibid., A.D. 925. 9, p. 348-50.
1014, Pf., p. 494. ' Fol. Lond. 1840 ; it was also printed
* Ibid., A.D. 957. 19, p. 293, note f . the same year in two vols. 8vo.
p. 397, note + p. 403.
Till EDITOR S PREFACE.

use has been made of the above-named books, and references

to them are given in the margin and foot-notes. It is hoped
that the present edition will not only serve to give a fair
view of the government of the Early English Church to those
who have only time to read a translation, but also be useful
as a guide and comment for those who may wish to enter
upon the study of the originals.
JOHN BARON.
Queen's College,
Christmas, AJ). 1850.

The letters used in the Anglo-Saxon passages quoted in this

volume, so far as they differ from those in common use, are ex
plained below by the italics which follow them :
"K A, t C, bd, e E, r/, t, G, Eg, 1>H, i i, CCA/, jir, r , e '.
W W, p to, D DH or TH, dh, > th, y y(> ] and, f thai.

ABBREVIATIONS.

Ed. is in a few instances placed in the margin to denote that the

brackets in the opposite part of Johnson's text mark necessary
insertions or alterations by the editor.
L. Lambard, Archseonomia, ed. Wheloc.
S. Spelman, Concilia.
W. Wilkins, Concilia.
T. Thorpe, ' Ancient Laws,' &c. Parts I. and II.
Br. Bromton in the Decern Scriptores, ed. Twysden.
Ecg. P. Ecgberhti Poenitentiale, Thorpe, Part II.
Th. P. Theodori Liber Poenitentialis, ibid.
N. P. L. Law of the Northumbrian Priests, ibid.
V. A. Versio Antiqua, Latin version made in the twelfth century
of most of the Anglo-Saxon laws, from MSS. collated with
Bromton, ibid.
Wrangham MS. or MS. note. The notes so marked are from a
copy of Johnson's Canons, formerly belonging to ' F. Wrangham,'
and now in the Library of Queen's College, Oxford.
For a description of the MSS. referred to by letters of the
alphabet, chiefly in quotations from Mr. Thorpe, see the list
prefixed to Ancient Laws and Institutes of England.
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 publish'd in the
Latin Tongue.
Now first Translated into English with Explanatory
Notes, and such Glosses from Lyndwood and
Aihone, as were thought most useful.
Part the First.
By J o h n J o h n s o n, M. A. Vicar of Cranbrook
in the Diocese of Canterbury.
LONDON:
Printed for Robert Kxaplock in St. Paul's Church-Yard, and
Samuel Ballaud, in Little-Britain, mdccxx.
 CONTENTS

GENEEAL PEEFACE TO THE EEADEE.

I. The sum of this work.

II. Every thing omitted, that was not necessary to give a view of the
government, discipline, and worship of the English Church.
III. The difficulties of the Latin originals, and many mistakes in the
Latin translations from the Saxonic here removed.
IV. Difficulties in the laws of King Wihtred, &c., cleared by Mr. Sumner,
and by the Textus Roffensis.
V. The contents of this work not fine, but useful.
VI. The first end of this work, to gratify the curious.
VII. Things herein contained are not of the greatest moment ; but
lapses in small matters may lead men into great mistakes, and expose the
most learned.
VIII. A second end of this work was to be a strong antidote against
popery, to such of the laity as may want it. The clergy need no such
antidote.
IX. The old English bishops and clergy not deceivers, but deceived :
Grosthead an instance of it.
X. They who are most fierce against popery may most want such an
antidote ; especially they who think it a fault to read popish books.
XL If all the Service-books of the Church of Rome were translated into
vulgar tongues, it would be a great blow to that Church.
XII. The constitutions made from the beginning of King Henry the
Third's reign give a full view of true popery.
XIII. The Christianity settled here by Augustin scarce tolerable. The
Service-books introduced by him were the Romish. John the Precentor
made no substantial alteration, nor Osmund in his Use of the Church of
Sarum.
XIV. The worship of saints and images not so early used here as some
have thought ; but prayers for the dead were used from the beginning.
a 2
IT CONTENTS OF THE GENERAL

XV. Transubstantiation is contrary to the doctrine of the Anglo-Saxonic

Church.
XVI. Augustin received the pall from the pope, but he and his first
successors did not fetch it, as later archbishops did. Appeals were of old
more rare, and the pope's decisions less peremptory. Provisions not prac
tised till after ages.
XVII. The devotion of some kings to the pope, especially King John's
resignation, very mischievous to the nation. Popes' provisions prevailed,
in opposition to statute-law.
XVIII. By the introduction of gross popery our ancestors were grievously
abused, as appears by these monuments, in which the reader need fear no
misrepresentations.
XIX. A third end of this work was to give the reader a more full view
of our constitution than can be had without it in the English tongue. For
some part of these constitutions are still in force, and in more force than
later canons.
XX. And not only these constitutions, but some part of the pope's
canon-law, by virtue of a statute of King Henry VIII.
XXI. Yet ecclesiastical jurisdiction does not subsist by that statute, but
only the present way of exercising it. Ecclesiastical jurisdiction was ever
exercised since the times of Theodore and Ecgbriht.
XXII. By that statute of King Henry VIII., bishops are disabled from
regulating their own courts. The writer of " The Anatomy of the Church"
ought to have known this.
XXIII. In times before, and after the Conquest, synods were assembled,
and jurisdiction exercised without any restraint ; till the pope's canon-law
made prohibitions necessary.
XXIV. Many ecclesiastical laws made by the state in Saxonic times,
but none to retrench ecclesiastical jurisdiction before the Articles of
Clarendon.
XXV. All the corrupt constitutions must long since have been entirely
abolished, had it been in the power of the convocation to do it: they have
hitherto been hid in the Latin tongue.
XXVI. No conuption still remaining renders our obedience sinful,
XXVII. If ecclesiastical jurisdiction had been new modelled according
to the Reformatio Legum Ecclesiasticarum, or as our worship is ; yet the
knowledge of these constitutions, and Lyudwood's Gloss had been useful.
XXVIII. There are some things commendable among these constitu
tions, and even in the Missal.
 PREFACE TO THE READER. V

XXIX. The fourth end of this work, that the reader may judge what of
these constitutions may deserve to be retained, what rejected. Nothing to
be retained but what is truly ancient, or good.
XXX. The objection against the ancients, viz., that their notions were
introductory to popery considered.
XXXI. That we should take special care not to fall below the worst ages.
XXXII. The oblation of the Eucharist particularly insisted on: this
delivered to us by Augustin, in a tolerable, though not perfectly primitive
state.
XXXIII. The translator cannot retract his zeal in this particular.
XXXIV. The notion of the sermon's succeeding high mass considered.
XXXV. We are contrary to the primitive Church in having more ser
mons than communions.
XXXVI. No office of our Church mote needs a review than our Commu
nion-Service. Whether the ends of the Sacrament can be obtained without
the oblation : whether the sacrifice of Christ can be established without
the sacrifice of the Eucharist.
XXXVII. The author of " No sufficient Reasons, &c," cannot under
stand how the sacrifice of Christ and of the Eucharist were one and the
same.
XXXVIII. Dr. Hickes at first objected against the modus of the sacri
fice, as represented (from the ancients), in the " Unbloody Sacrifice," but
afterwards came into it.
XXXIX The objection of the author of " No sufficient Reasons, &c,"
answered.
XL. It is more evident that Christ offered His Body and Blood in the
Eucharist, than that He did it on the cross. All animate sacrifices were
offered before the mactation.
XLI. The corruption of the eucharistical service in the Church of
Rome.
XLII. The translator does not think it in the power of a priest to add
to the Liturgy.
X I, III. Nor to have restored the use of the Eucharist, if it had been
wholly dropt by our reformers, and the bishops, ever since the Reformation.
XLIV. When superiors are guilty of a culpable omission, the utmost to
be expected from inferiors is, to remind them of this omission.
XLV. Nothing can wholly excuse the disuse of the oblation, as to those
who are the cause of it. The translator knows no safe communion in
which the oblation is used in its purity.
VI CONTENTS OF THE GENERAL PREFACE.

XLVI. A self-congratulation, that the authors of the following memorials

wrote with an intent to be rightly understood, and were great masters of
sincerity, so much extolled of late.
XI, VII. A grateful acknowledgment of the assistances given the trans
lator in this work.
 THE

GENERAL PREFACE TO THE READER.

I here present you with the translation of all the laws,

canons, and constitutions of the Church of England, that
were first made in the Latin, or Anglo-Saxonic tongue, from
the first foundation of the Church at the latter end of the
sixth century, to the reign of King Henry VIII. ; and that
have heen since collected and published by Sir Henry Spel-
man, or others.
II. I meddle not with the British, Irish, or Scottish me
morials, as foreign to my present design, which was to make
a collection of all the public monuments of this Church,
which serve to give us a view of its government, discipline,
and worship, and of the several variations of it from time to
time, and I have done it in so moderate a compass, that those
of the clergy who want the volumes of Sir H. Spelman,
Bishop Lyndwood, and Athone, and are not able to purchase
them, may be supplied from this work, at one fifth part of
the cost. And though I have omitted very many of Sir
H. Spelman's memorials, some as spurious, others as unneces
sary to my present design ; and the greatest part of Lynd
wood and Athone's glosses, as perfectly superfluous: yet I
have added some things from other writers, which I thought
conducive to the end I proposed to myself.
III. Though all which I publish may be found in other
printed books, except some supplements and emendations
taken from manuscripts, yet there they stand either in the
impure Latin of the middle ages, not so easily to be under
stood by those who are only versed in classical writers, which
is the case of most of the younger clergy; or else in the
Anglo-Saxonic, known by few ; or in the modern Latin trans
lations of the Anglo-Saxonic, which are full of mistakes. I
Till THE GENERAL FREFAC1

hope it will not be thought a presumption in me to say this.

Nay, it would be perfect stupidity in me not to discern the
errors of Mr. Lambard and Sir H. Spelman, and his friend
Lisle, by virtue of that light which the two great masters of
the Saxonic tongue, Somtier and Hickes, have since held out
to us ; and I should be guilty of ingratitude to their memo
ries, if I did not acknowledge my obligations to them.
IV. The Saxonic text of the memorials published by Sir
H. Spelman, is also full of faults ; but especially the laws of
King Wihtred, and the Rules of Satisfaction which immedi
ately follow them. And here I had been wholly at a loss,
had it not been for the manuscript- notes and corrections of
Mr. Somner upon these laws, and all the other Saxon me
morials first published by that learned knight. I hoped to
find relief in relation to the laws of King Wihtred, by colla
ting Sir H. Spelman's edition with the original from which
he published them in the Textus RoffensisB; but that noble
manuscript was not at home in its proper repository, during
the whole time that I was composing this work. Since my
translation of those laws was printed off, I was informed that
this Textus was restored to its proper place of residence, and
I had the favour of perusing it : but 1 found no variation of
* [Thebook or chartulary called Tex- Johnson refers. Being carried by
tus Roffensis, was compiled by Ernulf, water from Rochester to London, and
who was bishop of Rochester from A.D. back again, the book by some means
1114 to A.D. 1 12+, in the reign of King or other fell into the water, but was
Henry I. It consists of two parts ; the happily recovered, and without much
firstcontainitigthelawsandconstitutions damage. A large part of the Textus
of the Anglo-Saxon kings, in Latin and Roffensis was published by the famous
Saxon, transcribed from ancient copies ; Kentish antiquary, Wm. Lambard, in his
and the second givinga register orchar- Archaeonomia, A.D. 1568, and another
tulary of the church of Rochester, part in his Perambulation of Kent, A.D.
from the autographs, with some other 1576. While this invaluable relic of
matters relating to that cathedral, writ- antiquity was in the possession of Dr.
ten in the times of Ernulf and his sue- Leonard, A.D. 1632, a transcript was
cessors ; but these last in a later hand. made by Sir Edward Dering, Bart.,
In the reign of King Charles I., the from which Mr. Hearne afterwards pub-
Textus Roffensis was in the utmost lished his Textus Roffensis at Oxford,
danger of being secreted and finally es- A.D. 1720. See also Wharton's Anglia
tranged from its rightful owners, the Sacra, vol. i., and Dr. Hickes's Thesau-
dean and chapter of Rochester cathe- rus Ling. Vet. Sept. The above infor-
dral. One Leonard, a doctor of physic, mation is taken from " An Historical
had got it into his hands, and kept it Account of that venerable monument
two years; but the dean, Walter Bal- of Antiquity, the Textus Roffensis, read
canqual, and the chapter getting scent before the Society of Antiquaries, Lon-
of the purloiner, bestirred themselves, don, June 18, 1767, by Samuel Pegge,
and at last recovered their MS., A.D. M.A.," printed at the end of vol. i. of
1633, but not without a bill in chancery. Bibliotheca Top. Brit London: John
At the beginning of the next century Nicbolls, A.D. 1790.]
happened the accident to which Mr.
 TO THE READER. IX

moment but what Mr. Somner had taken notice of in his

written notes ; yet by inspecting the original, I was able to
distinguish between Mr. Somner's conjectural emendations,
and those which he made from the Textus itself. And by
this inspection I further learned, that Sir H. Spelman did
most probably never view the manuscript itself: for there
are some mistakes so very gross that none used to the read
ing of Saxonic monuments could possibly be guilty of them.
The transcript from which he published them seems to have
been made by some one that was a stranger to the Saxonic
letters; for the MS. itself is in a very fair hand, and well
preserved, save where it is tarnished by the salt-water it took
in its late travels. But it is observable that Somner never un
dertook to correct the laws in Sir H. Spelman, which had been
before published by Lambard ; he seems to have had a better
opinion of what had been done by his own countryman than
of the learned knight's performances, whose diligence and
piety can yet never sufficiently be commended, and who in
some particulars much exceeded Lambard. In truth, Som
ner, when he wrote these marginal notes, was not so able a
master of the Saxonic as when he published his Dictionary.
V. I cannot, according to the fashion of editors and trans
lators, give any great encomiums of the originals which I
copy, as to the beauty of their composure, the elegance of
their style, or any other internal or external ornament that
can render them agreeable to the genius of this present age.
Yet I can truly say, that they are many of them very useful,
and contain abundance of particulars, of which no clergyman
(to say nothing of others) ought to be ignorant, if he desire
to acquit himself in the discharge of his office, to the honour
and benefit of that Church of which he is a minister. There
are four ends, which I chiefly had in view in compiling of
this work.
VI. The first, I confess, was curiosity, and a desire of im
proving speculative knowledge. And if I proposed no other
end but this in the present work, it ought by no means to be
despised. No man should think his time misspent in looking
back on the past ages of the Church, and in making his ob
servations on the state of religion, and the alterations of it,
either for the better or for the worse, and on the causes, or
X THE GENERAL PREFACE

occasions of the changes. If gentlemen, and scholars of the

brightest parts, find no study more engaging than the old
fashions, religion, laws, paintings, buildings, and art military
of the Greeks, Romans, and other ancient people ; much
more reason have we to suppose, that it must be entertaining
to clergymen to see the modes and manners of their prede
cessors in the holy function, and of the people of the same
Church faithfully described to them ; especially, when as to
the main, by comparing our present state with theirs, we may
clearly discern that our condition, both as to temporals and
spirituals, is much preferable to theirs. And the true anti
quarian is not to be displeased, because in his searches and
enquiries he meets with some things exceeding rude, or
even barbarous ; but feels as much pleasure in the inspection
of a brass coin as in one of a more noble metal, and in
earthen urns as in pots of gold. I mean, if you consider
him barely as an antiquarian, not as a proprietor of the
treasure.
VII. It is true a great, and perhaps the greatest part of
the contents of these papers, are things of no great moment
in themselves considered. But let me tell my reader, that
ignorance in small matters, when it is discovered, does often
expose men to as much shame and censure as in things of
the greatest consequence. And we are often under a neces
sity of drawing arguments from matters of little or no con
cern, in order to prove or disprove things that are of a more
weighty nature. It were easy for me to give a large list of
errors committed by men of great character, both in their
writings and conversations, for want of knowledge in such
minute points as many of those confessedly are which you
may find in these sheets. But I am none of those who take
pleasure in laying open the errors of others, whatever some
may have said or thought of me : I have indeed in this work
said several things, or rather the memorials which I publish
in English do contain several things, directly contrary to
what has been asserted by men of great name ; but as I can
sincerely say, that nothing of this sort proceeds from any
resentment or personal prejudice that I have conceived
against them, so I have always endeavoured to conceal their
persons, that I might give them no provocation, unless they
 TO THE READER. XI

are such as will be provoked by seeing the truth set in a just

light.
VIII. A second design I had in this translation, was to
furnish out a strong antidote against popery. And in this
respect I cannot but recommend it to the perusal of such of
the laity as may have entertained too favourable notions of
the Romish religion, or may fall into the hands of popish
emissaries. For as to the clergy, I am fully persuaded there
are none that stand in need of any antidote against the errors
and superstitions of the Church of Rome. I must have leave
here solemnly to profess, that of all the clergy of the Church
of England, with whom I have intimately and familiarly con
versed, (and few have so conversed with more of them than I
have done, in and about thirty years that I have officiated
as a priest in this Church,) I never found one single man
whom I had just reason to suspect of any inclination or ten
dency to popery. And I cannot but esteem it a very gross
absurdity to suppose, that any number of them can have any
bias that way : for all that know popery, as they do, must
know that popery implies slavery, as to soul, body, and es
tate, all in one, and that the slavery of the clergy in that
Church hath always been greater than that of the laity. The
censures of the pope and his agents ever fell heaviest upon
them, because they were by this means deprived of their
subsistence. They had frequent taxes laid upon them by the
pope, and for his use, over and above what were demanded
by the civil government ; whereas the laity paid no tax to
Rome, save that of the Peter-pence, which was as nothing
compared to those tenths upon tenths which were frequently
exacted of the clergy. Some few indeed of the prelates, and
favourites of the pope or king, who were indulged in enor
mous pluralities of twenty or thirty benefices, held by virtue
of a papal dispensation, wallowed in wealth and luxury. But
the main body of the clergy, that is, the vicars, curates, pa
rish priests, chantry priests, and mass priests, and all those
in the inferior orders, (excepting such as were permitted to
hold rectories by special favour, who could not be very nu
merous,) had, generally speaking, but a bare subsistence :
they that were sub-deacons, or in any order above that, were
denied the common liberty of mankind, I mean lawful mar
Xll THE GENERAL PREFACE

riage. If they were convicted of having committed the deadly

sin of marriage, they themselves incurred the loss of their
benefices, and were disabled from officiating in the Church,
their wives were branded with the imputation of being
whores, their children with the infamous characters of bas
tards. Great multitudes of Italians, and other foreigners,
were, by the transcendant authority of the pope, possessed of
many of the best dignities and benefices in the Church, and
reaped the profits of cathedrals and rectories, which perhaps
they never saw, while many of the poor English-born clergy
were glad to eat of the crumbs which fell from their tables ; I
mean, to maintain themselves with being their under-agents.
These and many other were the grievances of the clergy,
while under the tyranny of the see of Rome ; I mean, they
were peculiar to them, over and above those hardships which
they endured in common with the laity. And let it be con
sidered what privileges they enjoyed to counterbalance all
these hardships. The sum of these was, that they could not
be hanged, or corporally punished by the hands of laymen,
though they had deserved it, at least, they could not be so
treated without the bishop's consent ; and no man could lay
violent hands on them, without incurring very hard censures
and penalties. These were privileges which, it is to be hoped,
not one of them in ten thousand had occasion to make use of.
Nor was it out of love to the clergy that these privileges were
claimed, but to maintain the sole dominion of the pope over
the whole body of the ecclesiastics, and to keep the civil
powers and laity in awe, from offending against those who
were then deemed the peculiar subjects and property of the
pope.
IX. If the clergy of England before the Reformation had
indeed a zeal for the pope's authority, it must have pro
ceeded purely from their mistaken principles, and the dic
tates of an erroneous conscience ; for they could have no
other inducement to abet a power so grievous to themselves ;
because no man can love slavery for slavery's sake. And I
have just reason to believe, that the main of the clergy in
those days were not disposed to advance the pope's power
any farther than they falsely conceived themselves in strict
duty bound to do. It may be truly said, that some of our
 TO THE READER. Xlll

kings and archbishops, whose names might easily be num

bered, did more toward the establishing of the pope's do
minion here than the bishops and clergy. The monks and
regulars were indeed faithful drudges to the see of Rome ;
but the bishops and secular clergy (and of them I now
speak) were sensible of the tyranny of the pope, and would
probably have been glad to shake it off, if they had thought
it could be done without a violation of their consciences.
For they (undoubtedly by mistake) believed him to be their
spiritual sovereign appointed by God ; and while they la
boured under this fatal error, we are rather to pity their ig
norance than to condemn them for acting according to their
principles. They were, I am persuaded, so far from being
deceivers, that they were grossly deceived and abused them
selves ; and the ignorance of the generality of them was al
together as invincible as that of their people. Robert Grost-
head, bishop of Lincoln, was equal, if not superior, in learning
to any of our clergy, or even bishops, during those dark
ages ; and he took a journey to Rome on purpose to repri
mand the pope for his mal-administration. And can we
think that this good man would not much more have re
proved him for the false doctrines and idolatries, of which he
and his predecessors had been the chief authors and abet
tors, if he had been sensible of any such false doctrines or
idolatries then countenanced and maintained by that see?
And if the famous Grosthead, who was looked on as a pro
digy of learning and integrity, in the thirteenth century,
when some of their vilest errors were first established, was
not aware of any dangerous fatal doctrine or practice in
that Church ; much less is it to be supposed that the main
of the bishops and clergy here, who were so far inferior to
him in knowledge and penetration, had any suspicion of the
pope's divine authority over them, or of the purity of that
Church.
X. But though I look on the present English clergy as
too well apprised of the intolerable tyranny of the pope, and
the grossness of those errors with which he has corrupted
Christianity, to be taken in his snares ; yet I cannot but ap
prehend that many of those among us, who make the loudest
outcries against popery, do indeed want such an antidote as
 XIV THE GENERAL PREFACE

I take this to be. I mean, those who think it a crime to

look into those books of the Church of Home which contain
their errors; and I have particular reason to complain of
the blind zeal of this sort of men, because I have been bar
barously defamed by some of them, upon a bare supposition
that I had a mass-book sent to me by a friend. Now Pro
testants, who scruple the reading of the books of that Church,
in declaring against popery declare against they know not
what : for the only way to know the very worst of their re
ligion is to peruse the very worst of their books, where we
may see their most palpable corruptions in their true natural
colours. If such men ever come by chance to see their own
whimsical, confused notions of popery to be mistakes, and
that popery is not what they falsely imagined it to be, they
may more easily be reconciled to it by the sleight of mission
aries, than they who throughly know it, and are therefore
fore-armed against it. I thought it therefore very seasonable
to offer to such Protestants as seem to know nothing of
popery but its name, some knowledge to be mingled with
their zeal, which, when they are well tempered together,
may make a very proper composition.
XI. I have often been thinking, that one could not do a
greater service to the Reformation, than by translating into
English the Missal, Breviary, Pontifical, Manual, and other
public Service-books of the Church of Rome, with brief an
notations, shewing the rise of all that is foolish and super
stitious, and the antiquity of what remains good and com
mendable in them. This might be done in a few volumes,
and those not very large ; for the Scriptural part need not
be inserted otherwise than by references ; and the repeti
tions, which are many, and do much increase the bulk of the
Latin books, may be passed over by only inserting the first
words, and letting the reader know where the rest are to be
found. It is certain, that the leaders in the Church of
Rome would with reason look upon it as a terrible blow
given to them, if such translations could be published in all the
vulgar tongues of Europe. For they themselves do indus
triously conceal their public devotions from the knowledge
of the people, and have, with all their might, endeavoured to
suppress all attempts of translating them. For they are sen
 TO THE READER. XV

sible that great numbers of men would desert their worship

if they once came to the knowledge of all that filth and cor
ruption which lies hid under an unknown tongue. For true
popery is a thing of that nature, that there needs no confu
tation of it but the shewing of it in a true light ; upon suppo
sition that the spectators are men of competent sense and
judgment, and that they are in any measure acquainted with
their Bibles. And I intended these papers as an essay to
ward such a work as I just now mentioned.
XII. When I recommend this work as an antidote against
popery, I desire to be understood chiefly in relation to those
constitutions which were made at the beginning of King
Henry III.'s reign, and in the following ages. For then it
was that popery appeared in its full strength and vigour.
Let any rational man attentively read the Constitutions of
Stephen Langton, and the archbishops his successors down
to the reign of King Henry VIII. ; let him consider that
these were the principal laws (under the pope's canon law)
by which the Church was governed during those ages ; and
then let him tell me, whether it were not time to reform.
I have rarely pointed out to my reader the passages where
popery appears in its most lively colours; they are visible
enough to them who have eyes to see ; much less have I at
tempted to confute the errors contained in many of the
canons and constitutions. For I am persuaded that no
Church of England man needs any other help but that of
his Bible, and a tolerable degree of understanding, to dis
cern the absurdity of many of the doctrines, and especially
of the practices mentioned and enjoined, by the old English
prelates in subjection to the see of Rome.
XIII. For the first 250 years after the coming over of
Augustin to' convert the nation, the state of religion was
more tolerably pure than afterwards. Yet all public offices
were performed in the Latin tongue, to which the people
were strangers ; and this was indeed a corruption not to be
endured, nor could the new converts have been patient
under it, if they had been capable of reading St. Paul's
Epistles; but it does not appear that the Scriptures were
translated into English till some ages after the conversion of
our forefathers, and then but in part : and if the whole
XVI THE GENERAL PREFACE

Scripture had been in English, there is just cause to suspect

that very few of the laity had been capable of reading them.
Some have supposed that the Gallic Service or Liturgy was
here first used by Augustin, and all other bishops and priests
in this nation. Yet I conceive this to be a mistake, which
will be made appear in the following memorials. I am sen
sible of what Bede tells us, in his fourth book and eighteenth
chapter, viz., that Pope Agatho, above eighty years after
Augustin's coming over, sent John, the precentor of St.
Peter's church in Rome, to instruct the monks of Wirmuth
in the annual course of singing, and that he did accordingly
teach them the order and rite of singing and reading in the
celebration of feasts, through the circle of the whole year,
and that he wrote down and left behind him whatever was re
quisite to this purpose. And this may seem to some to imply
the introduction of the Roman offices instead of the Gallic ;
which therefore they must suppose to have been used here
till this period of time. But I conceive the words of Bede
imply no such matter b. The sum of what this precentor
taught them, consisted in new tunes or modes of music,
some variations of habit, gesture, and perhaps of the series of
performing religious offices, according as the fashions had
been altered at Rome since Augustin's coming hither. There
is no mention of books, or new forms of service that he
brought with him ; Bede expressly says, he taught them viva
voce, and what he wrote down concerned only the celebration
of the festivals. From all which it is evident, that here was
no innovation in the substance of the Services, but only in
the outward mode and figure of saying or singing them. John
was sent to one monastery only, and is not said to have

b [Accepit (sc. Benedictus) et prae- que transcripta. Non solum autem

latum Johannem Abbatem Brittaniam idem Johannes ipsius Monasterii fra-
perducendum ; quatenus in monasterio tres docebat, verum de omnibus banc
suo cursum canendi annuum, sicut ad ejusdem provincial monasteriis ad au-
sanctum Petrum Romae agebatur, edo- diendum cum, qui cantandi erant pa-
ceret: egitque Abbas Johannes ut jus- rati confluebant. Sed et ipsum per
Bionem acceperat pontiiicis, et ordi- loca in quibus doceret, multi invitare
nem videlicet, ritumque c.inendi et. le- curabant. Ipse autem excepto can-
gendi viva voce praefati monasterii can- tandi vel legendi nuinere, et aliud in
tores edocendo, et ea qua? totius anni mandatis at> api'Stolico papa acceperat,
circulus in celebratione dieruni festo- ut cujus csset fidci Auglorum Ecclcsia,
rum poscebat, etiam Uteris mandando: diligenter edisceret, Romamque rediena
quae hactenus in eodem monasterio ser- referred Bede, Hist. Eccl., lib. iv.
vata, et a multis jam aunt eircumqua- e. 18.]
 TO THE READER. XVII

taught any but the Northumbrians. If he had brought any

iew office or liturgy with him, certainly care had been taken
tc settle it in the south, as well as in the north of England.
But there was no occasion to instruct the southern monks
and clergy in what they knew before. Bede testifies that at
Thecdore's first coming to Canterbury, which was ten or
twelve years before this, the Roman way of singing was well
known in Kent, and then began to be taught in other
Churches. Wilfrid soon after invited Eddi, otherwise called
Stephen, on*- of Kent into the north, to teach this mody
practice there, as may be seen in the second chapter of Bede's
fourth book c ; nay, thirty-five years before Theodore's arrival,
James, the Kentish deacon, was left at York by Paulinus,
when he retired to Rochester, on purpose to teach them the
way of singing used by the Romans and the Kentish, as Bede
expressly says in the twentieth chapter of his second book d.
It is probable that neither of these Kentish singing masters
went further than Hexham ; however not to Wirmuthe, for
the monastery there was not built till the year 674. John
taught only those of this monastery, and such of the Nor
thumbrians as had not learned it before. So after the Con
quest, Osmund, bishop of Sarum, contrived a new Use for his
own Church, that is, he ascertained all the rubrics which
were before not determinate enough, or where books were in
consistent with each other, as it often happened, while tran
scribers took the liberty of varying from their copies : he ad
justed and settled the series, and pomp, and the ceremonial of
divine worship, in points that were before left to the discre
c [Sed et sonos cantandi in Ecclesia, nens, magnas antiquo hosti pra?das, do-
quos eatenus in Cantia tantum nove- cendo et baptizando eripuit : ciijus no-
r.-iiit, ab hoc tempore per omnes Anglo- mine vicus in quo solebat maxime ha-
rum Ecclesias discere cceperunt: pri- bitare,juxta Cataractam, usque hodie
tnusque, excepto Jacobo de quo supra cognominatur. Qui quoniam cantandi
diximus, cantandi magister Nordan- in Ecclesia erat peritissimus, recupe-
hymbrorum Ecclesiis, Aeddi cogno- rata postmodum pace in provincia, et
mento Stephanas fuit, invitatus de crescente numero fidelium, etiam ma-
Cantia a reverentissimo viro Vilfrido, gister Ecclesiastic! cantionis juxta
qui primus inter Episcopos qui de morem llomanorum seu Cantuariorum
Anglorum gente essent, Catholicum multis ccepit existere : et ipse senex ac
vivendi morem Ecclesiis Anglorum plenusdierum.juxtascripturas, patrum
tradere didicit. Bede, Hist Eccl.,lib. viam secutus est. Bede, Hist. Eccl.,
iv. c. 2.] lib. ii. c. 20.]
d [Reliquerat autem in Ecclesia sua " [Of the founding of the monastery
Eburacensi,Jacobumdiaconum, virum of Weremouth, in the diocese of Dur-
utique Ecclesiasticum et sanctum, qui ham, A.D. 671, see Dugdale's Mon-
multo exhinc tempore in Ecclesia ma- asticon,i. p. 501. A.D. 1817.]
Will THE GENERAL PREFACE

tion of them that officiated, which created confusion and mul

tiformity in the Church. And several other English bishops
took the same liberty of making Uses for their own dioceses,
different from those of Sarum. And though the invention
of printing hath prevented the inconsistency of our present
Common Prayer-books, yet there is room for our bishops to
make Uses for their dioceses, if they can judge themselves
sufficiently authorized for such a work by our constitution.
I mean, there is just occasion for them to give special direc
tions, what shall be done in cases not clearly adjusted in our
rubrics ; and hundreds of such cases might, I conceive, be
discovered. But as to the main point now before us, which
is the worshipping of God in an unknown tongue ; it is cer
tain this was a corruption established here by our first con
verters, and continued till the reign of Edward VI. If it were
allowed that the Gallic offices were received here for the first
eighty years after our conversion, as in truth it cannot, yet
they were in the same language, though they were different
from the Roman in other points.
XIV. The worshipping of saints and images was not in
troduced into the Church of Rome itself, till some ages after
Augustin, though they went to the utmost bounds of what
can be deemed lawful in relation to saints, that is, they
prayed to God that He would hear the prayers of saints
deceased, which it was supposed these saints offered in behalf
of the Church. And they began to dote on pictures and
images as very useful remembrancers. Augustin, when he
made his entry into Canterbury, had the picture of our Sa
viour carried before him, though not as an object of wor
ship, yet as an ensign of his profession. Bede, who lived
above an hundred years after him, intimates that images
were used as memorandums and descriptions, which is the
notion that still prevails among the Lutherans. And though
the Centuriators1, and others from them, would have it that
images began to be adored here at the beginning of the
eighth century, yet they have no proof of it but the fictions
of some monks. It is well known that the second synod of
Nice, which was the first that determined in favour of images,
< [Centuriatores Magdeburgenses, cent. viii. cap. ix. (Synodus Londinensis,)
pp. 536, 537. Basiled. A.D. 1559.]
 TO THE READER. XIX

did not meet till toward the latter end of this century ; and
the Emperor Charles the Great opposed this wicked innova
tion, and his secretary Alcuin, our countryman, wrote against
it : and upon the whole, there is good reason to believe that
image-worship did not prevail here till the middle of the
ninth century, a while before Alfred's accession to the throne.
And it is observable, that in all the ancient memorials here
collected, there is very little appearance of zeal for the wor
shipping either of saints or images, till a considerable time
after the Conquest. Prayers and oblations for the dead were
indeed established here from the first dawnings of Christianity
among us ; and there is reason to believe that there was no
Church or age for the first 1500 years, in which these devo
tions were not used ; especially because it is evident that this
practice obtained among the Jews before the incarnation of
our Lord. This appears from 2 Mace. xii. 3945, which
is true history, though not canonical Scripture. And there
is no direct or indirect prohibition of it in the New Testament,
to the best of my knowledge and observation. But in these
ancient times men were not under any obligation to offer
their devotions for the dead, upon a supposition that their
souls were in purgatory; but upon another principle univer
sally granted, viz., that they were in a very imperfect state of
happiness. Yet it must be confessed, that the conceit of a
purgatory was gaining ground apace in the age of Bede ; but
it was an opinion only, not an article of faith, till the council
of Trent made it so.
XV. The doctrine of transubstantiation was so far from
being planted here by Augustin, that Elfric, his successor in
the see of Canterbury four hundred years after, wrote many
things inconsistent with this absurd notion, which had been
indeed published and defended in France by Paschasius Rad-
bertus, above an hundred years before Elfric, but was not yet
established either in France, or in any other part of Chris
tendom : and no man in this age can say any thing more
irreconcilable to it than he has done in his homilies. And
his homilies were received as the doctrine of the Church of
England in the tenth and eleventh centuries ; for they were
publicly read by the priests instead of sermons. And I am
fully persuaded that the homilies of Elfric are more positive
b 2
XX THE GENERAL PREFACE

against the doctrine of transubstantiation, than the homilies of

the Church of England compiled in the reigns of Edward VI.
and Queen Elizabeth.
XVI. As to the authority which the pope, who sent Au-
gustin hither, assumed to himself, it was greater than what
his primitive predecessors claimed, but moderate in compa
rison of that which his successors some ages after usurped to
themselves. Augustin, according to the instructions which
he received from Pope Gregory, carried himself with an air of
superiority towards the British bishops whom he found in
Wales. And he, as all other western archbishops in com
munion with the see of Rome, received from the pope a robe
called a pall, which they were to put on as often as they said
mass; which was in truth designed as a badge of their de-
pendance on the pope ; for they could perform no archiepis-
copal act till they had been confirmed and established in the
possession of their primacy, by receiving this pall from the
pope. At first the archbishops were consecrated by some
neighbouring bishops, and had the pall sent them by the pope
after their consecration. But toward the end of the eighth
century at the farthest, the archbishops elect were required
to go to Rome, and receive consecration and the pall from the
pope's hands. Our English bishops remonstrated against
this innovation as contrary to ancient practice, and to the
declaration of Pope Honorius to our bishop of the same
name, and to the assertions of the learned Alcuin ; and they
gave very broad hints, that this new way of proceeding gave
occasion for simoniacal practices. And it is indeed very
credible, that when the popes had drawn our archbishops
elect to Rome, they obliged them to accept the pall, if not
the consecration, upon their own terms. If this remonstrance
had been made after the year 960, when Elsine, or Alsine,
archbishop elect, perished by cold in the Alps, while he was
making his journey to fetch the pall from Rome, they had
had another just ground of complaint against this innovation ;
but their plea was good without this addition ; yet it does
not appear that they procured any redress of this hardship.
However, this immediately concerned the archbishops only,
and was not felt by the rest of the nation. Pope Vitalian,
within less than seventy years after Augustin, consecrated
 TO THE HEADER. XXI

Theodore, a Greek by birth, who had spent a great part of

his life at Rome, and sent him to be archbishop of Canter
bury. This was not taken as if the pope had imposed a pri
mate upon us by his own authority, but as a proof of Vita-
lian's care and affection for the Church of England, and as a
public blessing to the nation ; for Theodore was certainly a
person of as great abilities as any of his age ; and the kings
of Kent and Northumberland were consenting to what the
pope did. For popes had not yet discovered that plenitude
of power in their own breasts, by which they afterwards pre
sumed to fill vacant sees with men whom they thought most
proper tools to serve their own interests ; and that sometimes
in opposition both to kings and the lawful electors. This
stretch of papal authority was never, I think, put in execution
here till the reign of King John. When Wilfrid, bishop of
York, was deposed by Theodore of Canterbury, who was then
sole primate of all England, because he would not submit
to a partition of his huge diocese, which was commensurate
to the kingdom of Northumberland, and the king executed
Theodore's sentence, which was passed in a national council,
and Wilfrid ran to Rome, in hopes of getting redress from
the pope ; Agatho, who then sat in the pontifical chair, by
the advice of a synod, referred Wilfrid's cause to a council to
be held in England, and recommended him by his letters to
the king. But neither the king nor archbishop complied
with the pope, nor was any thing done in favour of him" till
the king was dead, and the archbishop, many years after,
when he was under the infirmities of an extreme old age,
wrote to the new king in Wilfrid's behalf; upon which he
was restored to some part of his former bishopric, and his
other possessions. And when he was again deposed, and
again took refuge at Rome, and procured the decree of the
pope in synod in favour of him ; though Brihtward, the
archbishop of Canterbury, was willing to comply with the
sentence of the pope and synod, yet the king refused ; for he
declared it unreasonable to receive into communion a man
twice condemned in a national synod, in obedience to the
apostolical precepts (so the pope's letters were then called.)
Though after this king's death it was said he declared his re
pentance, in reference to his behaviour to Wilfrid, and by
XX11 THE GENERAL PREFACE

virtue of this report, whether true or false, Wilfrid again re

covered part of his former diocese, and his monasteries g. And
I take it to be certain in fact, that, though Wilfrid and others
complained of supposed injuries done them at home, to the
pope of Rome, and the popes themselves were ready enough
to meddle in such causes, yet that neither the popes assumed
to themselves the peremptory and final decision of all eccle
siastical causes ; nor would the kings, clergy, or people have
acknowledged any such power in him, if he had claimed it,
till a pretty while after the Conquest.
XVII. The fond devotion of some of our greatest monarchs,
before the Conquest, was indeed very advantageous to the see
of Rome. It raises indignation in the breast of any true Eng
lish Christian, to see so noble a religion as ours made ser
viceable to the ends of Romish covetousness an.d ambition ; to
observe that princes that make so considerable a figure in
history as Ine, Offa, Ethelwolf, Alfred, and Cnute, could
find no better employ for their devotion than to go to Rome,
and lavish the treasure of the nation, by indulging a blind
superstition ; and giving the pope an opportunity, when he
had them there, to draw such acknowledgments and pro
mises from them as might be afterwards made use of to the
detriment of themselves and their people. Yet it must be
confessed, that all the weak zeal of our Saxon and Danish
kings never proved so injurious to their kingdom and people,
as the management of some of our bravest kings after the
Conquest did. King Stephen and Henry II., by permitting
the pope to put his canon law in execution here ; the same
King Henry II., by submitting to the penance enjoined him
by the pope's legates, for being, though undesignedly, the
occasion of Archbishop Becket's murder; he and his suc
cessors, by levying such vast sums of money for recovering
the Holy Land at the pope's motion; and above all, King
John, by resigning his crown to the pope's legate, and re
ceiving it back again, to be held, as it were, in fee of his
Holiness, were more mischievous to themselves and the nation,
than all the expensive pilgrimages to Rome performed by our
more ancient monarchs. I am sensible that King Henry II.
See Sir H. Spclman's Concilia, vol. i. p. 160, 179, 200, 204. TLondon, A.D.
163W.]
 TO THE HEADER. XXU1

did oppose the introduction of the pope's canon-law, and

that this was the foundation of the quarrel between him
and Becket ; but by afterwards so tamely submitting himself
to the pope, he built up what he had before destroyed. I
know that King John's peers, and especially his bishops, de
clared the resignation of his crown to be null and void, as
undoubtedly it was in fact : but as such actions gave a pre
tended claim to the pope, so this served him and his suc
cessors to keep our kings afterwards in awe ; because they
knew in that age the pope never wanted princes to fight his
battles, when he had any colour of right on his side. And,
in truth, three or four of King John's immediate successors
carried it so submissively to the popes, that they gave the
world reason to suspect they were themselves afraid that
King John's surrender was of greater force than they were
willing others should believe. It is hard to conceive that our
kings should stoop so low as to accept grants of tenths on
the clergy from the pope as they did, if they had thought
themselves independent, as they undoubtedly were in right.
Nay, it seems unaccountable that kings should permit the
popes to cousecrate archbishops of Canterbury on any other
bottom, by bulls of provision, ex plenitudine poteslatis, as they
did for near two hundred and fifty years together, from Ste
phen Langton, who was advanced to that see in the year
1 206, to John Kemp, who came in by that title in the year
1452, with very few exceptions. And it will seem more un
accountable still, when it is considered that during a great
part of this time we had statutes in force against papal pro
visions ; and the states of the nation, excepting the bishops,
who durst not join with the others for fear of the pope, were
frequently calling on our kings to put these statutes in force.
It was certainly more for the interest of our kings, that
elections should be made by those in whom the laws and
canons had placed it, I mean in the cathedral clergy and
monks, than in a powerful foreigner, for such was the pope at
that time of day ; yet it is not only certain in fact, that our
kings countenanced papal provisions, but that they sometimes
requested the popes to make use of this usurped and most
unreasonable prerogative.
XVIII. Thus by degrees the see of Rome finished its cor
XXIV THE GENERAL PREFACE

ruptions and usurpations. By King Henry the Third's time

perfect consummate popery reigned here. Not only the wor
ship of saints, especially of the Virgin Mary, and to their
images, was established here in England, but the devotion
of the people was exercised chiefly that way ; not only the
most irrational doctrine of transubstantiation was brought
to maturity, but the idolatry of worshipping the host with
divine honour was grafted upon it. The pope had made
himself, in effect, not only absolute sovereign in spiritual
matters, but almost in temporals too. When our forefathers
were first converted by Augustin, Pope Gregory's missionary,
they had good reason to suppose that Christianity was one
certain system of divine worship, doctrine, and discipline.
For it must have seemed absurd to imagine, that a religion
which came from heaven five or six hundred years before,
was to be always growing and undergoing alterations from
the inventions of men. If it had continued in the same
state in which we first received it, that is, with divine service
in an unknown tongue, there had been just occasion to re
form, as to this particular at least. But when in above nine
hundred years they had added above a thousand grievances,
corruptions, superstitions, and even idolatries, and rivetted
them into our constitution, the English nation had certainly
just cause to resent the ill treatment she had received from
the see of Rome, and to depart from that Church so far as
she had departed from her original faith, worship, and disci
pline. And that our charge against that Church is true the
following sheets are a sufficient demonstration, if we were
destitute of all other evidence, especially the constitutions of
Langton and those that follow. It is the common subter
fuge of papistical writers, when they are pressed sore with
objections against their notorious errors, to pretend that we
misrepresent the doctrines and practices of their Church
and clergy. Here they have no room for such evasions : for
many, not to say most, of the doctrines and practices of the
Church, are here expressed in the words of some of the truest
and fastest friends that the Church of Rome ever had, the
zealous old bishops and clergy of the Church of England,
while she was unhappily engaged in the corrupt communion
of the Church of Rome, who had been nursed up in the im
 TO THE READER. XXV

pure bosom of that Church, and with an ignorant sincerity

lived and died in it too. And yet I am apt to think, that to
the generality of my English readers, this representation of
their doctrines, and polity, and worship, will be an effec
tual confutation of them. And my reader may believe me,
when I assure him that I have not designedly made any
word or phrase in the English sound more or less than the
original Latin does. The text of this work speaks not my
own sense, but that of the bishops or others who drew the
constitutions : only if any thing appeared dark or difficult, I
have given my reader what light I could in my annotations.
XIX. Another end I proposed to myself in this collection,
was to give my reader a more full view of our present con
stitution than he can have from the liturgy, acts of parlia
ment, and canons in English, made since the Reformation
only. For it is certain that the very worst part of the consti
tutions contained in these papers, I mean those made by
Archbishop Langton and his successors down to Chichley,
are partly yet in force : these are the constitutions upon
which Lyudwood wrote his gloss h, and of these the words of
the statute (25 Hen. VIII. c. 19) are to be understood, viz.,
" $robfoet> altoays that such canons, constitutions, ortiinances,
and spno&als probincial being alreatty in nut, tohich be not
contrariant nor repugnant to tljc lafos, statutes, anti customs
of this realm, nor to the iamage or hurt of the fling's prero
gatibe royal, shall nob) still be usr& anb executed, as they
mere afore the making of this act." From this clause it is
evident that all canons and constitutions ecclesiastical, which
were in force before the making of this statute, do so still
remain. What were contrary to statute, custom, (that is,
common law,) and prerogative royal, could not legally be
executed before the making of this statute (though they often
were in fact.) But such as might lawfully be put in practice
before, (excepting such canons as concern appeals to Rome,)
may be put in practice still ; unless they have been abolished
by some statute made since this of King Henry VIII. ; and
many of them have, in whole or in part, been annulled by
k [The Provinciale of Bishop Lynd- or Otto, and Othobon, and (lie anno-
wood, who died A. D. 1416, was care- tations of John de Athon : to this
fully printed at Oxford A.D. 1679, edition Mr. Johnson refers.]
with the legatine constitutions of Otho
XXVI THE GENERAL PREFACE

the acts of uuiformity which establish the use of the Com

mon Prayer-book ; which doth in very many particulars con
tradict these constitutions. No canons made since this act
have so direct and express a ratification given them by
statute, as these which were made and executed before that
time. Therefore, though generally speaking, when two
canons clash with each other, the last is of greatest autho
rity; yet the canons of 1603 being confirmed by the king
only, and not by act of parliament, cannot abate the force
of the old constitutions : for these canons made in the year
1603 are only by implication, not by express words, allowed
to be put in execution, by statute 13 Car. II. c. 12'.
XX. The words of this statute of Henry VIII. are so
understood as to confirm not only these constitutions, so far
as consistent with statute law, or prerogative royal, but even
so much of the pope's canon law as was here commonly re
ceived : as for instance, it passes as good law in our temporal
courts, that the Lateran canon against pluralities is of as
great force as an act of parliament. What part of the canon
law was received in England, and the manner of putting
that and our domestic constitutions in practice, is to be
learned from Lyndwood : for by the common consent of
lawyers, what he delivers as the common law of the Church
is so to this day, excepting where it is annulled by statute.
And the legatine constitutions of Otto and Othobon are to
be reckoned among our own domestic constitutions. Lynd
wood every where speaks of them as in force : but the glos
sator on these constitutions last mentioned, John Athone, is
not a writer of so much authority as Lyndwood.
XXI. Some great men have been willing to have it thought
that ecclesiastical jurisdiction subsists only by virtue of the
clause in the statute of King Henry VIII. above recited.
This is a very strange sentiment, contrary to the faith of
history and to all public memorials and monuments of an
tiquity relating to the Church, which do all serve to con
firm this truth, that ecclesiastical jurisdiction is coevous
to the Church itself, inherent in her as a religious society
founded by Christ, and inseparable from her for the same
reason. If discipline were not exercised for the first seventy
1 [See Statutes of the Realm, vol. v. p. 2l(i. London, A.D. 1812.]
 TO THE HEADER. XXVU

years after Augustin came over to convert us, the reason was
plainly this, that the Church was not yet settled; the bishops
found business enough in making and baptizing converts, in
building edifices for religious assemblies, in regulating those
assemblies and instructing their new converts, and teaching
them how to conduct themselves in divine worship, and in all
points of duty, both public and private : and seventy years
was no long time for such a work, considering the obstruc
tions they met with. It is evident that Theodore, who was
advanced to the see of Canterbury in the year 668, did
exercise ecclesiastical discipline, as Ecgbriht soon after also
did in the other province ; and there is no reason to suppose
that it was ever after interrupted. There is scarce any
crime mentioned in the Saxon laws, but that satisfaction
was to be made for it to God, as well as to the world, that
is, penance was to be enjoined in the ecclesiastical court, as
well as a corporal punishment to be suffered in the civil
court. Though the bishop sat with the alderman in the
county, or hundred, to administer temporal justice; yet this
did not at all hinder his exercising a spiritual jurisdiction.
And though the laws determined what the temporal fines or
punishment should be, yet they, for the most part, left the
penance to the bishop's discretion, or to be regulated by the
canons. William the First did indeed confine the bishops and
other prelates to their own courts, and not permit them to
sit in the county, or hundred ; and this was done in confor
mity to the canons, which forbad ecclesiastics to exercise civil
jurisdiction. Yet the laws of King Henry the First restore
the bishop to the county court. But there is not, to the
best of my knowledge, one single instance of a king, gemote,
or parliament, either before or since the Conquest, that ever
offered to deny bishops the right of exercising ecclesiastical
jurisdiction, but rather gave them their assistance toward the
doing it more effectually; excepting what was done in the
minority of Edward the Sixth : therefore I conclude that
ecclesiastical jurisdiction, abstractedly considered, does not
subsist by virtue of one clause in a single statute, but by
virtue of the original inherent authority of bishops, allowed
and recognised from time to time by the kings and all the
legislative power of the nation.
XXV111 THE GENERAL PREFACE

XXII. That bishops are limited to the particular way and

manner of exercising their jurisdiction specified in that act,
is indeed owing to that clause. That they are to do it
according to the canons and constitutions then already made,
is a restraint laid upon them, whereby their hands are tied
from making any reformation in their own courts, unless it
appears that they deviate from the practice used at the time
of making this act : and it may therefore be said that the
present manner of exercising their jurisdiction subsists by
this clause. In the ages between King Henry III. and
King Henry VIII. the archbishops of Canterbury regulated
their courts ; and there are several bodies of statutes in Sir
H. Spelman's second volume of councils made by several
archbishops for this purpose. And I conceive the bishops
too during the same ages had the government of their courts,
though subject to the visitation and correction of the arch
bishop. But by that clause in the statute of Henry VIII.,
they were ever since tied down to the manner and method
of proceeding which then obtained. And the power of the
king and bishops, in or out of convocation, cannot make any
alteration in this respect, without a new act of parliament.
And this should have stopped the foul mouth of that pamph
leteer, who wrote "The Anatomy of the Churchk." He charges
it on the Church as a fault, that the corruptions of the ecclesi
astical court are not reformed ; but he ought to have known
that the Church hath not power to alter the fault of her
own courts. I wish this were the only instance of the con
vocation and clergy's bearing the imputation of other men's
omissions. It must be owned that it is a great unhappiness
in our constitution, that it is not all of a piece ; and that our
discipline and ecclesiastical government were not wholly new
modelled, as well as our worship and doctrine, at the begin
ning of the Reformation or since that time. Every body
knows the story of the intended reformation of the ecclesi
astical laws, and how it miscarried. I wish with all my
k [This pamphlet was published ano- Dedication to the Members of the Late
nymously with the following title, "The Committee of the Convocation. Lon-
Church-Anatomy : or a Representation don : Printed and sold by J. Roberts
ofthepresentConstitutionoftheChutch in Warwick Lane. M. D. CCXVIII."
of England. Drawn up by a Com- See Section III. " Of corruptions in
mittee of Protestant Laymen, with a the Ecclesiastical courts," pp. 2* 27- j
 TO THE READER. XXIX

heart, that in due season the convocation, whose proper

business it is, may be so far countenanced by the legislature,
(without which it is impossible,) as that so good a work may
be brought to maturity. In the reign of our late gracious
Queen, the convocation gave sufficient proof of their good
disposition to contribute all that lay in their power to this
excellent end : but their endeavours proved abortive, as
they must ever do while under such restraints, unless in
some critical juncture, when the whole legislature shines
upon them.
XXIII. During the time of our Saxon, and even Danish
kings, the bishops were in full possession of the power of
making, as well as executing canons ; nor does it appear that
ever they abused it to the hurt of the civil government. Our
kings were so far from apprehending any mischief from eccle
siastical synods, or from sending their prohibitions to them,
that they often honoured these assemblies with the presence
of themselves and their nobility, without interposing in their
debates, or giving any stop or impediment to their definitions.
The Norman princes never attempted to diminish or interrupt
the archbishop's ancient right and practice of assembling
synods, and making such canons and ecclesiastical pro
visions as were deemed necessary or seasonable. But after
the pope had set himself up for sovereign in temporals as
well as spirituals ; and in order to exercise this sovereignty,
had introduced his canon law into all nations that were in
communion with him ; and had a number of men in every
country ready to execute his will and pleasure, in opposition
to the civil government, and to its great detriment ; our
kings saw it necessary to check the arrogance of the pope
and his creatures here in England, by sending prohibitions
to the bishops, in their synods (that they might make no
canons to the injury of the king's prerogative, and of the
civil constitution) and in their courts, that they might put
no such canons in execution. And to speak the truth, if it
had not been for these prohibitions, there is reason to believe
the ecclesiastical jurisdiction had swallowed up the temporal,
and made a perpetual non-term in Westminster Hall ; and
there had been no occasion for temporal judges, unless to
pass sentence for loss of life, or limb, on great criminals.
XXX THE GENERAL PREFACE

But still the authority of enacting canons and constitutions

in matters merely spiritual, and the cognizance of such
causes, remained untouched, entirely in the hands of the
convocation as to the enactive part, and of the prelates as
to the executive. While we had Boniface for our arch
bishop, and others of his temper in the inferior dignities of
the Church, it must be confessed that our kings and parlia
ments had done but justice to themselves, if they had put a
stop to their assemblies, and had taken care to send that
foreigner home to his own country, and to see a true
Englishman put into his chair. But our primates and other
prelates had been sufficiently tamed and humbled before
they were brought under the disabilities laid on them by
the act of submission. And by the extreme caution with
which they proceeded in those times, and ever since, even in
matters which the law left in their power, I have good
reason to doubt whether they would have exerted their
ancient rights, of which I now am speaking, (though they
had been entirely possessed of them,) without royal license.
XXIV. Though the Saxon bishops had an unlimited
power of making canons, yet we have many laws relating to
matters merely spiritual, enacted by kings in their great
councils or civil gemotes. This may seem to some to have
been an entrenchment on the authority of the bishops. To
this it has been answered, that the bishops, without whom no
great council was held, retired into a place by themselves,
in order to draw up and enact laws relating to religion, as
was the practice in some neighbouring countries. And I
will not deny that this might sometimes be done. Yet when
I see here and there an ecclesiastical law interspersed among
a great number of such as are purely temporal; at other
times almost an equal number of ecclesiastical and civil laws,
mutually succeeding each other in the same system ; at
other times two or three ecclesiastical laws dropped into a
set of temporal, and vice versa, temporal among ecclesias
tical, I am inclined to believe that both sort of laws were
made by an amicable conjunction of both powers. In truth,
the old Saxon laws and English statutes made in relation to
the Church, were in effect only civil sanctions of old canons,
or grants made to the Church of some civil privileges which
 TO THE READER. XXXI

she enjoyed not before ; or a reinforcement of some such

grant with penalties annexed ; and there could be no just
reason why the bishops and clergy should not accept the
assistance of the kings and great men for these purposes,
especially while statesmen never practised the art of giving
with one hand and taking away with another; but upon all
occasions made it appear that they had really the benefit of
the Church at heart, without any doubling or disguise. A
man that reads all the laws before the Conquest, will upon
reflection be tempted to believe, that they were all drawn or
proposed by the bishops or clergy, whosoever they were that
gave their consent to the enacting of them. I do not re
member a single instance of a law, but what any bishop,
upon the principles of that age, might fairly consent to;
and no law relating to the Church or religion, but what may
justly be thought to have been promoted, if not postulated,
by the prelates. And I take the articles of Clarendon ' to be
the first instance in our history of making laws that bishops
did not care to sign.
XXV. I have just reason to believe, that if it had been in
the power of the archbishops and bishops, or of a convoca
tion assembled by royal summons, and authorized by royal
license, to revoke and annul these constitutions, from Henry
the Third's reign to thai of Henry the Eighth, the thing must
have been done long ago, and we had had an entire body of
ecclesiastical canons, agreeable in all respects to the spirit
of the Reformation, and the ecclesiastical courts had been
brought under a suitable regulation. But we must confess,
that this work has been taken out of the hands of our pre
lates and convocation, and they therefore ought not to lie
under the blame of this omission. But they and we must
take matters as we find them, and must be content that so
much of these constitutions as is not contrary to statute,
common law, or royal prerogative, should still be in force ;
and therefore I thought proper to publish them in the Eng
lish tongue, that they may no longer be concealed from
any that are concerned or desirous to know them. For as
these constitutions were first made by papists, and contain in
them many of the grossest corruptions ; so hitherto, like the
1 [A.D. 1164. See vol. ii. of this work, sub anno.]
XXX11 THE GENERAL PREFACE

rest of the trumpery of that Church, they have been hid

from the eyes of the people, under the veil of an unknown
tongue ; and I thought it would be for the service of the
public to bring them to light.
XXVI. Some may, perhaps, esteem these constitutions to
be such a blemish in our Church, as to render her commu
nion dangerous ; and so should I, if the whole, or even one
half of them, were still in force. But it is evident none
of them are, none can be deemed of any validity, but such as
are not contrary to our Common Prayer-book or Thirty-
nine Articles, and, by consequence, our Homilies. For these
are confirmed by statute; and a statute (though no other
authority) is sufficient to invalidate or set aside these con
stitutions. Nor need any man, nor even clergymen, be
scrupulous on the account of the corruptions still remaining
in ecclesiastical courts, to which they are subject. It is
wholly the governor's part to see that the administration
of canons, laws, and discipline be right and just ; for the
subject's duty is only to obey, not to direct and regulate the
proceedings of his superiors. And certainly there can be no
fault in submitting to, and complying with the commands of
them that are in authority, in case those commands do imply
nothing that is sinful. Granting that the manner and form
of the ecclesiastical judicature is liable to just objections ;
yet it can be no fault for subjects to allow of, and act accord
ing to their determinations, upon supposition that they con
tain nothing contrary to reason, Scripture, and good con
science. I think it altogether as justifiable for a private
clergyman to execute the precept that issues from a corrupt
court, as to read a chapter in the Church out of a Bible
that he knows contains many mis-translations, so long as
he knows that these corruptions or mis-translations do not
directly hinder the salvation of men's souls. They that think
all discipline, or even divine worship unlawful, but what hath
no mixture of impurities, must go out of this world to seek
for it. There is no such thing here on earth. But it must
be a very bad Church government or discipline indeed, that
is not better than none at all.
XXVII. If our canons and ecclesiastical courts were
modelled never so exactly, according to Scripture, antiquity,
 TO THE READER. XXX111

and the judgment of the best reformed divines, yet the

knowledge of these constitutions would have been of consider
able use : because in many cases old laws and canons serve
to clear or give light to new ones; therefore the learned
Bishop Gibson hath with good reason printed the old obsolete
statutes, as well as those which came in their stead m. And
farther, it seems very probable that if we had one certain
body of ecclesiastical canons and constitutions, compiled by
our convocation since the Reformation, yet they would, ac
cording to the method of architects, have made as many of
the old materials as were for their purpose serve toward the
erecting their new structure. Thus they proceeded in com
posing the Book of Common-prayer. I mean, they translated
what they thought best out of the Latin service into the
English. And as no greater errors have been committed in
relation to our Liturgy, than those that have proceeded from
an ignorance of the Latin Missal, Computus, and other eccle
siastical books, so they who would have pretended to have
understood the new (supposed) system of canons, without
comparing them with the old ones, would only have exposed
themselves, as those others have done in relation to the
Common Prayer-book : we may guess at what method would
have been taken in drawing up a new body of ecclesiastical
laws, by looking into the Reformatio Legum Ecclesiasticarum ;
and as it is evident that they who compiled that system were
well acquainted with the old canon law; so it is as evident
that they who were to explain, or put in practice that scheme
of discipline, would have had frequent occasion to recur to
these constitutions, and to Lyndwood's gloss upon them.
XXVIII. It is not my intention to degrade the Common
Prayer-book, by observing that a very considerable part of
it was taken from the public Service-books of the Romish
Church. For it can seem no paradox to them that are in
any measure acquainted with those Service-books, to assert,
that there are many most excellent things among much rub
bish and filth, even in the Missal itself; and though I may
perhaps be thought to take a bold step in the next thing I
have to say, yet I am confident that all who impartially read
[Codex Juris Ecclesiastici Anglican), by Edmund Gibson, D.D. See Pre
face, p. v. London, A.D. 1718.]
JOHNSON. c
XXXIV THE GENERAL PREFACE

even the worst part of these constitutions, beginning at

Langton's, and ending at Chichley's, will be ready to second
me when I say, that whenever the good work of making a
system of ecclesiastical canons is to be performed, there are a
great many particulars even in these constitutions which will
well deserve a place in this (now supposed) system, and espe
cially in the foregoing part of the work ; this agrees with,
XXIX. The last end which I proposed to myself in this
work, viz., that the discreet reader, by looking back into the
ancient usages of our forefathers, may discern which of them
may deserve to be restored. I know there are some who call
nothing reformation, but what in other cases we call destruc
tion, that is, pulling down the whole fabric. They employ
all their fine talents this way, I mean in denying or de
molishing old principles and practices, and in endeavouring
to bring old systems into contempt, without letting us know
what they would institute in the stead of our present consti
tution, if they can succeed in their attempts to subvert it ;
only from the genius of the men we may easily be convinced,
that the foundations of our present structure must be broken
up, and the whole frame be shattered, if they can obtain their
ends, and in lieu thereof we must have something as thin,
movable, and pliant as a shepherd's tent, as perishable as
a gourd with a worm in it. As to the external economy of
Church and religion, they seem to have no care or concern ;
and as for the internal furniture, so far as I am informed,
they assert but one thing to be necessary, that is, sincerity ;
and in this point alone they are positive. They may pretend
to take their materials from the Scriptures, but they must
first interpret away the true sense of the text by their new
glosses. Till now of late a deference hath been paid to what
is ancient, and a great deal of this sort is to be found in this
collection, at least in the former part of it ; and papists do in
no points with so much show of reason triumph over protes-
tants, as in those few particulars, in which they have anti
quity with them. And I think it concerns all that have a
real concern for the Reformation, to silence their boasting by
following the pattern of the primitive Church in all particu
lars ; and to be ashamed to see that our forefathers a thousand
years ago, with all their ignorance, trod more closely in the
 TO THE READER. XXXV

steps of the primitive, and even apostolical fathers, in some

points, than we, with all our pretences to greater knowledge
and purity.
XXX. The mighty objection of the men of this age against
the Church of the three first centuries, is that their doctrines
and practices were the occasion of introducing the most gross
errors of the Church of Rome. Was it not, say they, the
opinions of the ancients, concerning the merits of saints and
martyrs, that brought in the worship of them in after ages?
Were not the public confessions and penauces enjoined to
criminals in the ancient Church, the rise of those private
confessions and penances enjoined by priests in the degene
rate ages ? Did not the privilege of the primitive bishops, in
relaxing public penances, prove afterwards the occasion of
Roman indulgences ? Was not the honour paid to the bishops
and clergy in the primitive Church, an introduction to that
blind obedience which they claimed in the darker times?
Did not their prayers for the souls of saints deceased give
occasion for the belief of purgatory? and their belief of a
mysterious inward change of the elements into the Body and
Blood of Christ, lead the way to transubstantiation ? But if
every thing that has been the occasion of error is therefore to
be rejected, then we must bid farewell to Christianity itself.
For it is evident that none of these errors had ever been
broached, if Christianity had never been preached and esta
blished. At this rate, God would be very gracious in de
priving us of meat, and drink, and light, because many men
make use of them all to do great mischief to themselves and
others. No things in nature are the occasion of more sin and
folly : shall therefore the virtuous and prudent part of man
kind make no use of them, or forbid the use of them to
others ? If they who make these objections against antiquity
are at the heart Christians, let me desire them to consider,
that this argument is altogether as strong against the Bible it
self as against the primitive Church. If the Scriptures had not
spoke honourably of righteous men, the primitive Christians
had never celebrated their memories in the manner they did :
if the New Testament had not required men to confess their
sins one to another, and to bring their bodies into subjec
tion, and if the Apostle had not threatened offenders with
c2
XXXVI THE GENERAL PREPACE

a rod, there had been no such penances as we read of in the

Churches of those first ages; if the Gospel had not spoke of
the keys of the kingdom of heaven being given to the Apostles,
and of their power of binding and loosing, it cannot be con
ceived that the ancient Christians would have paid such re
gard to their successors as they did ; if the Scriptures had
not spoke of the souls of good men being in Hades (hell, as
we often translate it), and of sins being remitted in the world
to come, there is no reason to think that the Christians of
those ages would have offered their devotions in behalf of their
deceased brethren ; if our Saviour had not pronounced the
Eucharistical bread to be His Body, and the Apostle had not
passed sentence on unworthy receivers, as guilty of Christ's
Body and Blood, the primitive Church had never entertained
a belief of such a mysterious change. It is the part of wise
men to distinguish between the doctrines of the primitive
Church, and the errors which are supposed by accident, and
through the perverseness of weak or designing men to have
been occasioned by them, and not to reject the first for the
sake of the latter. The sun is an occasion of corruption in
all terrestrial bodies : will therefore any man of common
discretion wish the sun out of the firmament on account of
this accidental inconveniency ? Or will he advise men to be
ware how they permit themselves or their fields to be warmed
by its kindly rays and influences, because by means of its
warmth much corruption and mischief hath been done ?
XXXI. And I recommend nothing to my reader as fit to
be imitated in these papers, but what was originally taken
from the first, purest ages, or what is perfectly consistent with
primitive Christianity ; such canons and constitutions, for in
stance, as tend to the restoring ancient discipline and wor
ship, that require a proper behaviour in bishops and clergy
men, and serve to quicken their diligence in all parts of their
duty, especially in the administration of Sacraments, and
that caution them against simony, and all trading or traffick
ing in holy things ; and, in a word, such as were designed to
promote devotion, piety, and good morality, both among the
clergy and laity. And those few good hints that we find in
the constitutions of the worst ages should serve as a caution
to us not to fall below the laws or rules of the most corrupt
 TO THE READER. XXXvil

Rges of the Church in the conduct of ourselves. I have not

here, or in the book itself, often pointed at particulars, be
cause I thought them perceivable enough to every sagacious
reader, and because some points would seem too harsh and
even invidious.
XXXII. But there is one thing of so high a nature, that
my reader will excuse me, if I take this occasion of speaking
more largely upon it. It is the oblation in the Eucharist.
This [is] a practice and doctrine mentioned in very many of
the following memorials, which prevailed here as well as in
all other countries, from the very beginning of Christianity.
This was delivered to us in a tolerable degree of purity by
our apostle, (if I may have leave so to call him,) the first
archbishop of Canterbury, if it [the Service] had been trans
lated into the Anglo-Saxonic tongue, the only language our
ancestors understood. I cannot indeed say that it was in its
perfectly primitive state, as practised by St. Clement, or the
other first bishops of Rome, and as it came from the hands of
the Apostles themselves. But though the Eucharistical Ser
vice had, before the conversion of the English, undergone
several alterations for the worse ; yet, as it still stands in the
Sacramentary of Pope Gregory the Great, there is nothing
in the oblation itself that greatly deserves our censure : and
I cannot but freely declare my judgment on this occasion,
that a liturgy with the oblatory form, as we have it in that
Sacramentary, is in this respect more perfect than any
liturgy that wholly wants such an oblatory form. And from
the following monuments it will, I conceive, evidently appear
that it was the then Roman liturgy which Augustin and his
fellow-bishops used in England, and which was continued
with some variations down to the reign of King Edward VI.
XXXIII. I am very sensible that I have incurred the
great indignation of many by what I have formerly published
on this subject, and I profess myself in a readiness to incur
their greater indignation still, if their good will is not to be
purchased without abandoning of truth, or dropping so valu
able and essential a part of the Christian worship. But I de
sire my reader to observe that I speak this of the oblation
strictly so called, and as distinguished from all other parts of
Pope Gregory's Eucharistical Service; nor would I be un
XXXVH1 THE GENERAL PREFACE

derstood to approve his omitting the invocation of the Holy

Ghost : though here too I must add, that by praying for the
divine grace and benediction on the symbols, he hath ren
dered his form of consecration preferable in this respect to
all consecration prayers that mention not either the descent
of the Holy Ghost, or the divine benediction of the bread and
wine.
XXXIV. It has been a current notion, countenanced by
men of great name, that in the reformed Churches the ser
mon succeeded in the room of High-Mass. A strange suc
cession this, that one part of the High-Mass (for such the ser
mon was always esteemed, though not a necessary part) should
succeed in the stead of the whole. I wish it could in truth
and justice have been said, that the primitive Apostolical Com
munion Service succeeded as it ought to have done, in place
of the corrupt Mass of the Church of Rome. Discreet and
serious preaching is useful, and even necessary to preserve
the clergy and people from relapsing into such a state of
ignorance, as that from which the Reformation recovered us.
But it is too evident that the licentious way of preaching,
used of late years, hath done infinite mischief to religion ;
and hath served to distract men's understandings rather
than to settle their judgments. And things are come to
such a pass, that no man can explain and inculcate even
the articles of our faith, or some of the most necessary parts
of Christian duty, but he must offend one part of his congre
gation. And whereas so much stress hath been laid on the
pulpit, and the hearing of sermons has been esteemed the prin
cipal part of outward religion ever since the Reformation, every
discerning man cannot but see the fatal consequence of it,
when he observes, that now at last preaching hath not only lost
its power and effect, but even its credit and esteem among
those who most of all want good instruction ; and this hath
proceeded chiefly from the clashing and contradiction of
preachers, and from an affectation of opposing public consti
tutions, and making an ostentation of knowledge and of
superiority of judgment in the pulpit; and a contempt of
the primitive Church, as well as of the present. Such
preaching must of necessity in a short time destroy the
Reformation that it was intended to support ; and threatens
 TO THE READER. XXXIX

great mischief and even ruin to Christianity itself, unless

some timely care be taken by a regular ecclesiastical method
to restrain preachers from publishing their own crude inven
tions in Christian assemblies ; and the people be effectually
taught to make a distinction between airy harangues formed
and contrived on purpose to stagger and disunite the minds
of the people, and sober, sound, practical sermons fitted to
their capacities, and to the building men up in faith, peace,
and holiness. I freely own preaching to be a divine ordi
nance, and much used in the primitive Church, but princi
pally by bishops to those of their own diocese. Priests did
sometimes preach as well as bishops, and very often in some
places ; and there is a necessity they should do it now, when
there are so many churches in every diocese, and the greatest
part of them so remote from the cathedral, but certainly
some special provision ought to be made, that none, however
they be dignified or distinguished, be permitted, under pre
tence of preaching, to run down old Christianity and primi
tive divine truths.
XXXV. And though there was frequent preaching in the
primitive Church, yet the Eucharist was much more fre
quent than the sermon ; and in this point we of this Church
are directly opposite to the primitive. They considered the
Eucharist as the standing stated solemn worship of the
Christian Church, as the most acceptable prevailing Sacrifice
that could be offered by men, as the certain means of keep
ing an uninterrupted communion with God and Christ, and
one another, and of fortifying themselves in their conflicts
against the wicked world and hellish spirits ; they considered
it as an institution perfectly divine, on the effects whereof
they might entirely rely, if they celebrated and received it
according to their Master's direction. They esteemed ser
mons as a very proper appendage to this Sacrament, but not
as an essential ingredient of it ; they knew, that though it
was the duty of pastors to instruct their flocks, yet there
must needs be a mixture of human infirmity in the best
composed instructions that bishops or priests were able to
give them ; but that, on the other side, the Eucharist was
entirely the ordinance of Christ Jesus Himself, in the use
whereof there was no room for the additions of human wit,
xl THE GENERAL PREFACE

or fancy, or false rhetoric, while the Church stuck close to

the primitive institution, as she certainly did for the first
four hundred years at least. And certainly the most sure way
to restore the Church to its true ancient strength and beauty,
is to begin with that which is of the greatest moment ; I
mean, the re-establishment of the primitive Communion-
Office, and the frequent celebration of it, viz., every Lord's
day at the least. By this means the public Christian worship
will be fixed upon its proper basis : religion will not so much
depend on men's shewing their parts in the pulpit, nor change
its shapes according to the humours and caprice of innova
tors ; and those of the sacred order will be kept employed in
their proper office ; and the usefulness and importance of
their ministration will be easily manifested to all serious
Christians, if they themselves be not wanting in their public
and private instructions, to instil into the people just no
tions of all the substantial duties of religion, and especially
of the holy Eucharist, in which, I may be bold to say, the
whole of our religion may fairly, and without any force be
summed up and recapitulated.
XXXVI. Our right reverend fathers do, upon all occa
sions, hint to us their opinion of the necessity of reviewing
the liturgy of the Church of England. And I cannot but
declare my opinion, that there is no one office in that book
which more needs a review, than the Communion-Service :
and I cannot but conceive some hopes that this will be done
whenever our convocation shall be permitted to enter upon
that great work. For I cannot but with satisfaction observe,
that divines of the greatest note in our Church do not speak
such abhorrence, or express so zealous an indignation against
the sacrifice, as they have formerly done. One of the most
eminent of them, whom I could least of all hope to favour
my sentiments, in a sermon preached at an anniversary
meeting of the charity schools, 1716, is content to say, that
" whether the Lord's Supper be a real sacrifice, or only a
commemoration of a real sacrifice, divines are agreed that
the spiritual effects are the very same." And it is true,
that divines who do not believe the Eucharist to be a sacri-

* [Edmund Gibson, then lord bishop of Lincoln, p. 31.]

 TO THE READER. xli

fice, may, and probably do, propose to themselves the same

ends in administering and receiving this Sacrament, with
those that believe it to be a sacrifice ; but the true state of
the question is, whether they who do not believe it to be a
sacrifice, nor administer it as such, do really obtain those
ends ? Or, whether it can be that Sacrament which was
instituted by Christ, if it be not consecrated in the manner
that Christ directed ? Or, whether it can be truly conse
crated without being offered to God ? Further, this great
man thinks it much to be lamented, " that divines should raise
a dispute concerning that point (the sacrifice of the Eucha
rist) at a time when it is openly denied that the very sacri
fice of Christ was real and propitiatory." Now, with sub
mission, I know no time more seasonable for the confutation
of any false doctrine, than that in which it was published
and advanced. And by proving the Eucharist to be a sacri
fice we do, by necessary consequence, prove Christ's natural
Body and Blood to have been a sacrifice : and if it was a
sacrifice, it must unavoidably be propitiatory ; because there
never was any sacrifice offered to God in a due manner but
what was propitiatory ; and propitiation is essential to sacri
fice duly offered. And I must humbly declare my opinion,
that it is impossible to establish the doctrine of Christ's Body
and Blood being a real sacrifice by any other arguments but
those by which we prove the Eucharist to have been insti
tuted as a sacrifice by our blessed Saviour. It would be a
very great hardship upon the assertors of the sacrifice, if
they must be restrained from publishing their notions till all
the Socinians are dead. And it would much better have
become this great man to have enjoined silence to the
Socinians, than to the defenders of this apostolical truth.
And if we must be silenced till we have proved the reality of
the sacrifice of Christ, without proving at the same time the
sacrifice of the Eucharist, I am pretty sure we may stay till
Doomsday, and yet neither be able to do it ourselves, nor to
see it done by others.
XXXVII. I cannot but acknowledge my obligations to
the author of No Sufficient Reasons, &c. part II., for inform
ing me of the grand objection made against my explanation
of the sacrifice in the Eucharist ; for without this information
xlii THE GENERAL PREFACE

I had had no occasion to remove that objection, which I

choose to represent in his own words, viz., " Mr. Johnson
supposes our Saviour to have begun His oblation of Him
self for our redemption when He instituted His last supper,
and thenceforward continued it even to His ascension into
heaven; whereas he himself tells us more than once, that
it was our Saviour's sacramental, and consequently not His
real and natural Body, that He then offered in company of
His disciples. And since His natural body was not then
offered, how the oblation there made should be more than
representative of that upon the cross; or, in other terms,
that they should be one and the same oblation, is a mystery I
find others as well as myself unable to comprehend0." And
just before he tells us, these others are persons of learning
and worth.
XXXVIII. I am the less surprised at this, because the
late reverend Dr. Hickes (to whose judgment I paid a sin
gular deference, in composing the first part of the Unbloody
Sacrifice) did for a long time demur upon this point, after
I had proposed it to him. The pious Mr. Nelson wrote a
letter to me, desiring me to submit to Dr. Hickes's judgment
in this matter. But after I had drawn up my reasons and
authorities at large, and laid them before him, the Doctor did
by letter declare, that he came into my sentiment, and not
only so, but being about that time reading Clemens Alexan-
drinus, Tls 6 aco&jnevos, he sent me a citation out of that book
very much to this purposeP; and which I have inserted in
my Appendix to the first part of Unbloody Sacrifice, p. 7. g.
And I cannot but think that this worthy and learned writer,
and his friends, would follow Dr. Hickes in this particular, as
they do in many others, if they would please to consider this
point with that impartiality that he did. And for evidence
of the truth of the matter of fact, as here represented, I
have Dr. Hickes's letters yet to shew, and (I think) Mr.
Nelson's too''.
p. 94. [The pamphlet, " No suf- 280. London, A.D. 1845."]
ficient reason for restoring the prayers ' [Kol fiiWuiv crwivStaBai, ml \i-
and directions of King Edward the rpov 'Eavrbv ixitioobs, KaivT)r r)fuv &ia-
Sixth's First Liturgy, by a Non- Qfiieriv KaToXinirivfi. Clemens Alex-
Juror, London, A.D. 1718," is as- andrinus in Quis Dives talvetur, p. 956,
signed to Spinckes by Watt "History Oxon. A.D. 1715.]
of the Nonjurors, by T. Lathbury, p. i [These letters are printed at the
 TO Till. HEADER. xliU

XXXIX. "Mr. Johnson," says our author, "tells us more

than once, that it was our Saviour's sacramental body that
He offered in company of His Apostles." True ; but I never
say it was His sacramental body only j nay, but in the very
place to which he refers, I affirm, that " Christ did at once
offer, or give to God, bread and wine, and gave them as a
pledge and earnest of the natural Body and Blood r," &c. And
whoever reads my two books on this subject, will find that I
perpetually express myself to the same purpose. And if I
had not, yet pp. 9, 12, 13, of my second part would sufficiently
explain my meaning. It is therefore very strange to me,
how it can be a mystery to this writer, and to his worthy
learned friends, that the oblation of the bread and wine, and of
the Body and Blood, should be the same oblation. Did this
grave and good divine never yet read of men's offering to God
houses and lands, by presenting a sword, a piece of money,
a pair of gloves, upon the altar of a Church ? Was he never
present at the delivery of a deed of gift, or sale, or of in
dentures of lease or release, where by delivery of a piece
of parchment or two, a good estate in houses or lands was
transferred to the donee or purchaser ? And will he, in order
to make a mystery of these donations or conveyances, make
the oblation and delivery to be two several oblations or
deliveries ? I must have leave to say, that no explanation of
the sacrifice of Christ's natural Body and Blood is more clear
and unexceptionable than that proposed by me, and which I
learned from the primitive Church. And upon this founda
tion, if the bread and wine were given to God, so were
Christ's natural Body and Blood too. If God the Father
accepted the bread and wine as Christ's Body and Blood, or
as pledges of His Body and Blood, then it is reasonable
that the Church in all ages to come should esteem of and
treat them as such. And this gives us a plain and obvious
reason, why Christ should call the materials of this institu
tion His Body and Blood. And if Christ had not thus modi
fied His sacrifice, no part of it could have been consumed iu
the service of God; and though this was not absolutely
necessary, because some Jewish and heathen sacrifices were
end of* volume of Mr. Johnson's Post- [Anglo-Catholic ed., Parti, p. 166,
humous Tracts. London, A.D. 17+8.] and Part II. pp. 35, 39, 40.]
Unbloody Sacrifice, Part I. p. 87.
xliv THE GENERAL PREFACE

not either in whole or part so consumed ; yet it was in

the highest degree proper and requisite that it should be
done, because most of the Jewish sacrifices, which were in a
peculiar manner types of Christ, were either in whole or in
part consumed in the service of God. And what is eaten
and drunk in the service of God, and according to His direc
tion, is as truly consumed in honour to Him, as what was of
old burnt in the fire on the altar.
XL. I do not, nor ever did, deny that Christ offered Him
self on the cross ; but I declare I cannot prove it from
Scripture ; so that, if it be true, I leave it to be proved by
tradition : and this learned author may produce some say
ings of the Fathers, and abundance from modern writers,
to support this notion. But I hope he will not equal these
traditions with the Word of God. If it could be proved from
the New Testament, that Christ, as a priest, offered Him
self on the cross, this would not disprove His oblation of
His Body and Blood in the institution of the Eucharist :
for most sacrifices were two or three several times offered
to God ; yet I know not one single example of a sacrifice
offered by the priest, during the mactation, much less by the
act of mactation. But I must remind this honest good man
of one particular, viz., that all animate sacrifices were always,
both among the Jews and Gentiles, actually once offered
before their mactation : if therefore Christ did not offer
Himself in the Eucharist, he must assign some certain time
before the mactation began, that is, before He was nailed to
the cross, in which He did actually tender Himself as a sacri
fice to God ; or else he must be forced to own, that He was
no real Sacrifice ; and far be this from so venerable a divine
as he with whom I am now arguing. It is true, we do not
now offer the bread and wine to God, as pledges of His Body
and Blood again to be slain and poured out, but as symbols
of them long since slain and poured out : and that it is not
necessary that we should offer the Eucharist precisely with
the same view that our Saviour did, I have shewed in the
first part of Unbloody Sacrifice, p. 96".
XLI. As this holy oblation was first delivered to the Eng
lish Church in a tolerable degree of purity, (bating the
" [Anglo- Catholic ed., Part I. p. 176]
 TO THE READER. xlv

unknown tongue in which it was performed,) so by the thir

teenth century the sacrifice of the Mass became one of the
greatest abominations of that Church ; it had before this
been corrupted with direct invocation of saints and almost
innumerable fantastic ceremonies ; now it became the same
monstrous service it is at present, by the additional cere
mony of the elevation of the Host, and enjoining divine
honour to be paid to it : and so the most sacred office of
religion was most of all unsanctified.
XLII. But, on the other hand, I find it expected by some,
that in consequence of the doctrine which I have at large
explained and defended in the first and second part of the
Unbloody Sacrifice, I should publicly use those forms of ad
ministering that Sacrament for which I plead in those books.
But certainly, neither I, nor any priest, who believes
bishops to be a superior order, and that by divine right, did
ever assert that a priest hath power himself to alter the
liturgy. Any pleader at the bar may, in defence of his
clients or of himself, remind the judge of any necessary form
in law omitted by him ; but it does not follow, that if the
judge persist in his omission, the pleader may assume the
authority of a judge, and do it himself. I take it for a
certain settled maxim of ecclesiastical worship and govern
ment, that no one inferior to a bishop can make alter
ations in the liturgy ; and it is as certain, by our present
constitution, that a bishop, nay, even all the bishops, with
the archbishops at the head of them, cannot do it.
XLIII. Suppose the Sacrament of the Eucharist had been
entirely dropped at the Reformation, and still continued in
public disuse, I solemnly declare my opinion, that no priest,
or numbers of priests, could have had sufficient authority to
restore it; and the reason is plain, according to the deter
mination of Ignatius, viz., that neither baptism nor Eucha
rist are valid, unless authorized by the bishop1. What I
' M>jSf it xop's rv Itick&tov t! o(rt Ponrriftir, otrt ky&mriv icoitiv AAA'
vpaaatrm ruv ovt\k6vtw cis tV Ikk\t\- b hv ineivos toKindtrri, tovto tta\ t<? 0t<?
alar ixtlnj fitfiala tvxapivvia ijytlaBu tvdpfcnov Xva aacpaKts p koI <9c'aioy
rj Into rbv iiriattOTtov oiaa, r) $ tu> airrhs *av b rpdaatrai. Ignatius, Kpist. ad
htvrotyv arov an Qarjj i Maxowos, Smyrn. cap. 8. Patres Apostolici. Co-
Uu t4 w\ij0os (<rra- Ixnrtp ifirou an jf telerius, vol. ii. p. 37. Antwerp, A.D.
Xpurrit 'Iji<ro5, iittiri ko8o\ik^ IkkAt)- 1698.
ala' oi/x i^6v iariy XWP^S TQV i-wiffxiwov,
xlvi THE GENERAL PREFACE

have always pleaded for is, that it is necessary the primitive

forms of celebrating the Eucharist be restored by a just
ecclesiastical authority. I have ever asserted that the bishops
are the proper guardians of the altar, and that they are
principally concerned to secure the purity of the whole
Christian worship, but especially of that which is the most
necessary and essential part of it.
XLIV. If indeed a superior enjoin any thing that is sinful,
it is my duty to decline his commands ; and if he insist upon
my compliance with him in this point, so far as to make it a
necessary article of my communion with him, I must forfeit
my communion with him rather than comply with any such
sinful terms. But if he only do not enjoin what is necessary,
the most that can in reason be expected of me, is, that I
should freely declare my opinion in the point; and leave
those to judge of it whom God hath appointed judges in the
case. I wish I had not reason to say that many think this
too much, and that I have done it too freely. Yet I cannot
but praise God that He enabled me to do the work itself;
and I see no just cause to condemn myself for the manner
of doing it, though some others might have done it much
better.
XLV. But since the oblation is necessary, is not the
abolishing and disuse of it sinful ? I answer, it is sinful in
them who were, or are, the causes of it. But who they are,
or were, I declare I know not. And though I am persuaded
there never could be any just reasons for abolishing or dis
using it ; yet there might, and perhaps may still be, such false
appearances of reason as to prejudice them against it, and to
excuse, or abate, the sinfulness of it in the sight of God. But
the most bitter adversary cannot impute either the abolition
or disuse of it to me. Some perhaps may tell me, that
a priest or layman, who lives in the diocese of a bishop
who uses not the oblation himself, nor requires his priests to
use it, ought to break communion with that bishop, and to
join himself in communion with some other bishop that does
use the primitive form of oblation, and of administering the
Eucharist. And this may be true ; however I am not dis
posed to dispute the case ; but still it must be upon supposi
tion, that the bishop who uses these primitive forms require
 TO THE BEADEK. xlvii

no terms of communion that are sinful in other points. And

let it be well proved to me, that there are in any part of the
world bishops (or one single bishop) duly and canonically
constituted, who do use the Eucharistical forms according to
the primitive scheme, without adding any adulterated mix
tures of the idolatry or superstition of latter ages. And till
demonstrative proof be given me that there are such bishops,
or some one single bishop canonically constituted, and par
ticularly in what province of the universe his diocese lies, I
shall think it sufficient to govern myself in this point as I
have hitherto done, and to wait the leisure of Divine Provi
dence for the regular restoration of the primitive forms. And
I pray God grant, that whenever I am taken hence, I may
be found, as I have hitherto been, in a peaceable anti-schisma-
tical disposition of mind.
XLVI. My reader will now give me leave to express my
satisfaction, that I have, by the divine assistance, brought
this work so near to a conclusion. And I cannot but con
gratulate myself, that while others, much superior to me in
all respects, have been employed in ascertaining the true sense
of a celebrated writer of this age of light, in some of his most
famous pieces, I have passed my time in endeavouring to
discover and represent to the world the true meaning of our
ancient kings, prelates, and other great men, in their laws,
canons, and other public memorials first drawn in nine hun
dred of the darkest years that ever passed since the incarna
tion of Christ. I wish I could be as fully persuaded in my
own mind, that I have always been as successful in entering
into the true meaning of the originals I translate, as I judge
them to have been in the construction they have given us of
that celebrated author's writings. But if in any particulars I
have been guilty of mistake, (as it is scarce credible that I
should not,) my errors will, I hope, be looked upon as pardon
able, especially by those who will not be convinced that their
own bright writer is justly understood by some of the most
learned men, who live in the same age, and that have had the
very same education with him. For if so many men of sense
and judgment are thought by them to have mistook the
meaning of one who writes in our mother-tongue, with so
clear a head, and transparent a style j certainly it is much
xlviil THE GENERAL PREFACE

more venial in a single man, of my mediocrity, to misappre

hend some dark passages in monuments of antiquity, written
in times remote, in languages now dead, by men who wanted
the politure and fineness of this age. And whatever trips I
have made, yet I dare presume to say, none greater than
those of their own side, who have gone before me in the
search of English antiquities ; I have another advantage in
the choice of my authors whom I have undertook to trans
late, that as I have all the reason in the world to believe
they wrote with a design to be rightly understood; so, if they
were now alive, they would use no palliations to conceal
their real meaning, nor be angry at me for taking things as
they meant them. For I believe my authors to have been
men that outdid some of the greatest of our age, in that
which they themselves extol as the most excellent quality, or
rather as the only good quality in the sight of God, that is,
sincerity. And I have so great an opinion of the most of
them in this respect, (always excepting our Roman legates,)
that I should have been glad to be under their correction.
Nay, I wish that any knowing men that were contemporaries
to those who first wrote these Memorials, had taken the pains
to explain them, and transmitted their explanations down to
us, I should certainly have thought myself safe in taking
them for my guides. I might perhaps have been told that
these guides might mislead me ; or at least none can be
sure that they have the mind of their authors, except authors
will be their own interpreters; but I should have thought
it sufficient to reply, that they who will allow none but them
selves to be the interpreters of their own writings, should be
content to be their own readers. For to what purpose should
they publish what none but themselves are to understand ?
It hath been no small pleasure to me, in compiling this work,
if with taking some pains I could discover any thing before
unknown in the polity of our ancestors. But where is the
satisfaction in reading a book, which to me seems full of dan
gerous errors or ill-grounded paradoxes ; and then to be told
by my author, at the next turn, that he meant no such evil
as I supposed, that he asserted nothing but what is very
common, very trivial? Even they that loved the seeming
errors for the errors' sake, must acknowledge themselves dis
 TO THE READER. xllX

appointed, not to say deceived, in case they give any credit

to the author's own gloss upon his former books ; or, at the
best, must be forced to own that he is an able man in double
entendres only.

XLVII. I shall take leave of my reader when I have first

paid a debt of gratitude to those who have given me any as
sistance in composing this work. And first, I make my ac
knowledgments to the Reverend Dean and Chapter of the
metropolitical church of Canterbury, and more particularly
to the (then) Vice-Dean, the Reverend Dr. Elstob, for the
liberty I had of perusing Mr. Somner's Annotations on Sir H.
Spelman's volumes of Councils, &c, deposited in their archives.
Next, to the Reverend Dean and Chapter of the cathedral
church of Rochester, for the use of their Textus Roflensis,
(the most valuable written monument of antiquity in our
whole county,) by which I was enabled to discover Sir H.
Spelman's errata, in his edition of King Wihtred's Laws, &c,
with my own eyes, and to distinguish between these and
Somner's conjectural emendations. And I should be unjust
if I did not particularly commemorate the great humanity
of the learned antiquarian, John Thorp, M.D., of that city,
for giving me his assistance in this matter. To the Rev.
Mr. Tebb, the learned editor of Justin Martyr's Trypho, I am
indebted for the accurate collation he sent me of Sir H. Spel
man's edition of Cuthbert's Canons, and Ecgbriht's Excerp
tions, with the original MSS. in the Cotton library, and for
his transcript of the supplements to the latter. The ingenious
George Smith, Esq., from whom we expect a new and more
accurate edition of the Venerable Bede's Ecclesiastical His
tory11, did, of his own free motion, present me with a genuine

* [An edition of the historical works an able antiquary. The edition at

of the Venerable Bede had been pre- length appeared in one folio volume
pared by Dr. John Smith, canon of at Cambridge, A.D. 1722, under the
Durham, who was eminently qualified father's name, with a dedication and
for the task, and made it the chief preface by the son. The copy in the
occupation of his life, but was prevented library of Queen's college, Oxford, is
fiom completing it by his decease at inscribed, "The gift of the co-editor
Cambridge, July 30, A.D. 1715, in the George Smith, Esq., of Burn-Hall,
fifty-sixth year of his age. His edito- Durham, to his uncle Joseph Smith,
rial labours were carried on with care D.D., provost" The Smiths took
and spirit by his eldest son George, much pains in collating the best and
above mentioned, who is represented most ancient MSS. throughout, hut
as a universal scholar, and particularly in the Ecclesiastical History they
JOHNSON. T>
1 THE GENERAL PREFACE TO THE READER.

copy of Athelard's Council at Clofes-hoo in the year 803,

transcribed from a manuscript in the same library. The
Reverend Mr. Mickleburgh, Fellow of Corpus Christi col
lege, Cambridge, accommodated me with the perusal of the
manuscript which contains the canons of Elfric ; and from
which I transcribed the supplement to them. This, and the
other manuscript from which the second edition of Ecgbriht's
Excerptions were taken, are a part of that great treasure of
antiquity which Archbishop Parker deposited in that college.
The Reverend Mr. Rigden, Fellow of St. John's college, Cam
bridge, deserves my particular thanks for the transcripts
made by him for my information. There is another7 too
nearly related to me to be forgotten, and who has a right to
be remembered by me, by merit as well as nature, and who
can be unknown to none that are in any measure acquainted
with me ; without whose constant assistance and correspond
ence this work could never have been brought to maturity.

religiously followed the Moore MS., by discussion any of the conjectures

so called from its having been pos- he brings forward which have such an
sessed by John Moore, bishop of Ely, amount of authority on their side.
A.D. 1707-H, after whose decease See life of Dr. John Smith, in ISiog.
it was purchased, with the rest of Diet, vol. xxviii. p. 118, London, A.D.
his library, by King George I., and 1816. Also the preface of George
presented to the University of Cam- Smith, and the reprint of the Smiths'
bridge. This manuscript is believed edition of the Ecclesiastical History
on the best historical evidence to have by R. Hussey, B.D., Regius Professor
been written as early as A.D. 737, in of Eccl. Hist. Oxon. A.D. 1846.]
the monastery of Weremouth, two years [Mr. Johnson's son during the
after the decease of the Venerable preparation of this work, as well as of
Bede. If Mr. Johnson could have the " Unbloody Sacrifice," was Fellow
seen the above " new and more accu- of St. John's College in Cambridge,
rate edition," before publishing his and sent his father much help from the
collection of English canons, he might stores of the University ; he took the
have saved himself and his readers degiee of Bachelor of Divinity, and was
much trouble and uncertainty in so presented by the University of Cam-
many of the following memorials as bridge to the living of Standish in Lan-
are taken from Bede ; for it cannot be cashire, but before he had enjoyed it
supposed that he would have attached one whole year, he had the misfortune
much weight to the conjectures of Gus- to break his leg, which threw him
sanvilla-us, Petit, or even to his own into a fever, of which he died in a few
where at variance with the Moore days, about Christmas, A.D. 1723. See
MS. and the researches of the Smiths, Brett's Life of Johnson, p. liv., prefixed
or on the other hand that he would to a volume of Posthumous Tracts,
have thought it necessary to support London, A.D. 1748.]
 SOME ADVERTISEMENTS NECESSARY FOR
THE READER.

1. In this work I undertake the part of a translator only,

not of an editor; yet I have taken due care to have the text
as correct as possibly I could, as the reader will find upon a
perusal ; and where Sir Henry Spelman's edition was im
perfect, I have procured supplements from the manuscripts.

2. I meddle not with the doctrine of the Church, any

farther than it is interwoven with the laws, canons, constitu
tions, and other memorials relating to government, discipline,
and worship, contained in these papers. Therefore I have
not inserted the decrees of the Lateran council under Pope
Martyn I., which were confirmed by a synod holden under
Archbishop Theodore at Hatfield, in the year 680. For they
contain only a tedious repetition and ratification of the de
crees of the five first general councils, and a condemnation of
the Eutychians and Monothelites. It is sufficient to adver
tise my reader, that the English Church ever firmly adhered
to the doctrine of the Catholic Church, in relation to the
Trinity and Incarnation.

3. I have not descended to any diocesan canons, but have

inserted only such as were national or provincial, or com
monly so esteemed at least : but I thought it just to take in
the laws, or dooms of King Wihtred, not only as being made
for a kingdom, (for such was Kent in that age,) but as con
taining two dioceses, and as being somewhat singular and of
great antiquity. Indeed I know of no diocesan canons made
here before the Conquest. The earliest [diocesan council]
whose acts are come down to us, is that held by Wulstan,
d2
Hi ADVERTISEMENTS NECESSARY

bishop of Worcester, in the year 1092, but these contain no

canons. If I had taken in the diocesan canons made during
the next 400 years, it would have increased this work near
one third part in bulk, not one tenth in substance. For the
most valuable part of the diocesan canons were either copied
from the provincials, or, as it sometimes happened, transferred
into the provincials.

4. I have not entered into the history of the Church any

farther than was necessary, in order to post the several me
morials or systems in their proper time, or to give my reader
what light I could into the occasion and design of the several
laws and canons ; or lastly, to fill up some great chasm be
tween the foregoing and following systems. When I could
not discern any intrinsic marks of time in the memorials
themselves, or in their titles or prefaces, or by any informa
tion which I had from other writers, I have taken the liberty
of ascribing them to any one year in which the author reigned
(if he were a king), or presided (if he were an archbishop).
And herein I do no injury to truth, because I always adver
tise my reader of the uncertainty of the precise year of their
birth ; and the reason of my always prefixing a certain year
before every set or system of laws, canons, or other memorials
is, because I make it my principal note of reference.

5. My numberings of the particular laws, dooms, canons,

or capitula, agree with Sir Henry Spelman's throughout his
first volume, excepting where I make some additions to what
he published. But the larger constitutions in Sir Henry
Spelman's second volume either are not numbered at all,
which is the case for the most part, or their divisions are
made without any just regard to the nature of the things on
which they treat, and the copies do not agree in making their
breaks at the same place. It is known the canonists distin
guish their constitutions by the first words with which they
severally begin, which is the reason that the old copies have
no numberings. Lyndwood used no other distinction, and
often makes but one constitution where I have made two or
three, and vice versa. And though he made but one consti
tution of them, yet he broke them into several parts, and
 FOR THE READER. liii

places them under distant heads, according to the method of

canonists. Here I was forced to use my own discretion ; and
I chose to follow the series of Sir Henry Spelman's copy, or
of that at the end of Lyndwood and Athone, published at
Oxford, as I saw occasion ; but the numberings are my own ;
and I use them as my other note of reference.

6. If the reader would find any one of these constitutions

in Lyndwood, his ready way is first to find it in the copy now
mentioned at the end of Lyndwood and Athone, and in the
margin there he will find the number of the page where
Lyndwood hath posted it.

7. I always present the text entire, excepting many cita

tions of Scripture, to which I only give the chapter and
verse, especially in King Alfred's preface to his laws : for I
thought nothing less instructive than such accumulations of
Scripture to no visible purpose. But when the words are
very pertinent, or very much otherwise, I have given them at
length. In translating the prefaces of the provincial consti
tutions I have not wholly omitted the proeiniums, as Lynd
wood did, because they give some light to the constitutions
themselves. And Lyndwood therefore supposes that his
reader has these proemiums before him, and often refers to
them under the name of Decisa. In turning these proemiums
I have only pruned away some superfluous excrescences of
words and phrases, and endeavoured to omit nothing of con
sequence ; but they were drawn in a very flatuous style, and
contain but very little sense in many lines. But as to the
whole enacting part of the constitutions, it was my rule, and
I religiously observed it, not to drop one word. If I have
any where omitted one particle of moment in the constitu
tions, strictly so called, it was through inadvertency, not de
sign. And I can truly say the same in relation to all the
memorials contained in the first volume of Sir Henry Spel
man's Councils, except the latter part of Pope Gregory's An
swers, and the texts of Scripture before King Alfred's Laws.
And in truth, there are no proemiums, or very short ones, in
all the laws, canons, &c, before the reign of King Henry III. ;
yet the style of some of the Latin canons, and particularly
llV ADVERTISEMENTS NECESSARY

Odo's, is very swelling : this is what William of Malmsbury

calls the English pomp ; for in speaking of Bishop Aldhelm's
style, which was most like that of Odo's, he says, " acumen
is peculiar to the Greeks, nitor to the Romans, pomp to the
English \"

8. Whereas Lyndwood often curtails and transposes the

text of his constitutions, I have never used that liberty, but
kept myself to the series and letter of my copies ; insomuch
that I have more reason to fear the censure of being too faith
ful a translator, than of taking too much liberty. My reader
may sometimes observe, that I translate even the obscurity
of my original ; and pretend not to make my translation per
fectly clear, where the Latin or Saxouic is dark.

9. In the Saxonic part I have always informed my reader

where I depart from Sir Henry Spelman's text, if the altera
tion amount to an entire word, and I tell upon what autho
rity I depart from it, and when I do it upon my own conjec
ture only. But I rarely advertise my reader of my differing
from him in the translation, because I found it necessary to
do it so often, that I thought it would look invidious to ad
vertise all his mistakes, or what I at least looked upon as
such. The words and sentences are often wrongfully divided
too in his edition. I have not always taken notice of these
errata. For my reader, by comparing my translation with
his text, will easily discover how I read the words, and made
the points, if he be a Saxonist ; if he be not, such observa
tions would be insignificant to him. And what I have said
of the Saxonic memorials first published by Sir Henry Spel-
niiin is, in some measure, true of those published by Lam-
bard1', especially as to his translation ; but his text was more
correct than Sir Henry Spelman's.

* In his Life of Aldhelm, part i. ad licos sensus lermo facundus, et violen-

calc. [DeniqueGrseci involute, Romani tissimas assertiones exornat color Rhe-
splendidc, Angli pompatice dictare so- toricus. Quern si perfeete legeris, et ex
lent. Id in omnibus antiquis chartis acumine Grsecum putabis, et ex nitore
est animadvertere, quantum quibusdam Romanum jurabis, et ex pompa An-
verbis abstrusis et ex Grseco petitis de- glum intelliges.De Pont., lib. v. p.
lectentur. Moderatius tanien se agit 3 12. Gale, Oxon. A.D. 1691.]
AMhelmus, nee nisi perraro et necessa- b [In his Archxonomia, A.D. 1568,
rio verba ponit exotica. Allegat Catho- edited by Wheloc, A.D. 1644.]
 FOR THE HEADER. lv

10. If any strange word appear in the text of my transla

tion, which is not explained in my notes at that place, let the
reader look into my index, and he will find the meaning of
it. This advertisement is indeed unnecessary for learned an
tiquarians ; but this work was designed chiefly for beginners
in English ecclesiastical antiquity.

N.B. I have not translated King Henry the First's laws re

lating to the Church and religion, not only because they are so
closely interwoven with the temporal laws, that it would be
hard to separate them, but because they contain little or
nothing but what you have in the old Saxoqic laws contained
in these papers. The singularities in these laws, which are
but few, the reader will find in the addenda0.
' [The addenda placed at the end of they belong, enclosed within brackets,
the volume in the first edition are in the the word addenda being printed in the
present inserted in the places to which margin.]
 THE CONTENTS OF THE FIBST VOLUME.

A.D. DC I.

1. The answers of Gregory I., pope of Rome, to the questions of Augustin,

first archbishop of Canterbury. From Bede's Hist. Eccl., lib. i. cap. 27.
With a preface by the translator.

A.D. DCH.

2. The dooms ecclesiastical of Ethelbert the first Christian king of

Kent, separated from those that are merely temporal. From Sir H. Spel-
rann's Concilia, vol. i. p. 127, and Dr. Hickes's Dissertatio Epistolaris, p. 89.
With a preface by the translator.

A.D. DCLXXIII.

3. Archbishop Theodore's canons made in the national ecclesiastical

synod held at Herudford. From Bede's Hist. Eccl., lib. iv. cap. 5. With
a preface by the translator.

A.D. DCLXXIX.

4. The decree of a council held at Rome about British affairs. From

Sir H. Spelman, vol. i. p. 158. With a preface and postscript by the
translator.

A.D. DCLXXX.

5. The decrees of a council held at Rome in favour of Wilfrid. From

Sir H. Spelman, vol. i. p. 160. With a preface and postscript by the
translator.

A.D. DCXCII.

6. A grant of privileges made by King Wihtred, in an assembly of the

states of his kingdom of Kent at Beccanceld. From Chronicon Saxoni-
cum, p. 48. With a postscript by the translator.

A.D. DCXCIII.
7. The laws ecclesiastical of Ine, king of the West Saxons, separated
lviii THE CONTENTS OF

from the temporal laws of that prince. From Sir II. Spelman, vol. i.
p. 182. With a preface by the translator.

A.D. DCXCVI.

8. The dooms ecclesiastical of King Wihtred, in an assembly of the

states and people of his kingdom of Kent at Berghamsted. From Sir H.
Spelman, vol. i. p. 194, corrected by Mr. Somner, &c. With a preface by
the translator.

A.D. DCCXXV.

9. The laws of satisfaction for violation of orders. From Sir H. Spel

man, vol. i. p. 206, corrected by Mr. Somner. With a preface by the
translator.

A.D. DCCXXXIV.
10. Ecgbriht's Answers, or a succinct dialogue of ecclesiastical institu
tions by the Lord Ecgbriht, archbishop of York. From Opuscula Beds,
published by Sir James Ware, 1664. With a preface and postscript by the
translator.

A.D. DCCXL.
11. The Excerptions of the Lord Ecgbriht, archbishop of York, col
lected out of the sayings and canons of the holy fathers. From Sir H.
Spelman, vol. i. p. 258, corrected according to the MS. copy in the Cot
ton library. With a preface by the translator.
To which is added,
12. An account of Ecgbriht's Excerptions, as they stand in a MS. of
Corpus Clirisli college, Cambridge, marked K 2.

A.D. DCCXLII.

13. A grant of privileges by Ethelbald, king of Mercia, in a great

council at Cloves-hoo. From Sir H. Spelman, vol. i. p. 230. With a pre
face by the translator.

A.D. DCCXLVII.
14. Canons made by Cuthbert, archbishop of Canterbury, in a provincial
synod at Cloves-hoo. From Sir H. Spelman, vol. i. p. 245, corrected by the
MS. copy in the Cotton library. With a preface and postscript by the
translator.

A.D. DCCLXXXV.

15. Legatine canons at Cealchythe, confirmed in two distinct synods, by

the archbishop and bishops of each province, the Roman legates pre
 THE FIRST VOLUME. Hi

siding. From Sir H. Spelman, vol. i. p. 292. With a preface and post
script by the translator.

A.D. DCCXCVI.

16. A confirmation of privileges by Archbishop Athelard, in a provin

cial synod held at Beccanceld in Kent. From Chronicon Saxonicum,
p 67. With a preface by the translator.

A.D. DCCCIII.

1 7. The final settlement of the primacy of the entire province at Canter

bury, in a provincial synod held at Cloves-hoo. From a MS. in the Cotton
library, marked Aug. II. With a preface and postscript by the translator.

A.D. DCCCXVI.

18. Canons made by Wulfrid, archbishop of Canterbury, in a provincial

synod at Cealchythe. From Sir H. Spelman, vol. i. p. 327. With a
postscript by the translator.

A.D. DCCCLXXVII.

19. The laws ecclesiastical of King Alfred the Great, separated from
the temporal laws of that prince. From Sir H. Spelman, vol. i. p. 354.
With a preface by the translator.

A.D. DCCCLXXV11I.

20. The laws ecclesiastical of King Alfred and Guthrun the Dane.
From Sir H. Spelman, vol. i. p. 390. With a preface by the translator.

AD. DCCCCVIII.

21. Provision for filling vacant sees. From Sir H. Spelman, vol. i.
p. 388.
A.D. DCCCCXXV.
22. The laws ecclesiastical of Athelstan, king of England, made in a
great council at Grathea, separated from the temporal laws then and there
made. From Sir H. Spelman, vol. i. p. 396.

A.D. DCCCCXXVI.
23. Laws ecclesiastical and memorials of King Athelstan, made or
drawn at Exeter, and elsewhere. From Lambard, Sir. H. Spelman, and
Dr. Hickes's Dissertatio Epistolaris.

AD. DCCCCXL.
24. A canon of English bishops made in some unknown council. From
Sir H. Spelman, vol. i. p. 407.
 IX THE CONTENTS OF

A.D. DCCCCXLIII.

25. Canons made by Odu, archbishop of Canterbury, in an ecclesiastical

synod. From Sir H. Spelman, vol. i. p. 41S.

A.D. DCCCCXLIV.

26. Laws ecclesiastical of Eadmund, king of England, separated from

the temporal contained in the same set. From Sir H. Spelman, vol. i.
p. 419.
A.D. DCCCCXLV.

27. Laws ecclesiastical of Eadmund, king of England, separated from

the temporal laws contained in the same set From Mr. Lambard and
Mr. Wheloc.

A.D. DCCCCXLVI.

28. Ancient laws of espousal. From Sir H. Spelman, vol. i. p. 425,

corrected by Mr. Somner.

A.D. DCCCCL.

29. The laws of the Northumbrian priests. From Sir H. Spelman,

vol. i. p. 495. With a preface by the translator.

A.D. DCCCCLVII.

30. Elfric's canons, or a bishop's charge to his clergy. From Sir H.

8pelman, vol. i. p. 572. With a supplement from a MS. in CCCC. With
a preface by the translator.

A.D. DCCCCLVIII.
31. The laws ecclesiastical of Edgar, king of England. From Sir H.
Spelman, vol. i. p. 444. This and the two following sets have advertise
ments, rather than prefaces, prefixed to them by the translator.

A.D. DCCCCLX.
32. Canons made in the reign of King Edgar. From Sir H. Spelman,
vol. i. p. 447.

A.D. DCCCCLXIII.

33. Penitential canons made in the reign of King Edgar, which seem to
have been Archbishop Dunstan's penitential. From Sir H. Spelman,
vol. i. p. 456.

A.D. DCCCCXCIV.

34. The capitula of Theodulf, bishop of Orleans, as translated into the

 THE FIRST VOLUME. lxi

Saxonic by Elfric. From Sir H. Spelman, vol. i. p. 585, where they are
entitled, Capitula lucerne Editionis. With a preface by the translator.

A.D. MIX.

35. Laws ecclesiastical, or canons made in a national assembly of

Eihelred, king of England, the archbishops, bishops, and wise men at
Eanham. From Sir H. Spelman, vol. i. p. 513. With a preface by the
translator.

A.D. MXIV.

36. Laws ecclesiastical of King Ethelred, made in a state assembly at

Habam, alias Badam. From Sir H. Spelman, vol. i. p. 530. With a
preface by the translator.

A.D. MXVII.
37. Laws ecclesiastical of King Cnute, separated from the temporal
laws made at the same time. From Sir H. Spelman, vol. i. p. 539.

A.D. MXVIII.

38. Laws ecclesiastical of King Cnute, separated from the temporal

laws made at the same time. From Mr. Lambard and Mr. Wheloc.

AD. MLXIV.

39. Supposed laws of King Edward the Confessor, collected after the
Conquest. From Sir H. Spelman, vol. i. p. 619. With a preface by
the translator.

A.D. MLXV.
40. Supposed laws of King Edward the Confessor, collected after the
Conquest From Sir H. Spelman, vol. i. p. 624. With a preface by
the translator.
 Anno Dom. DCI.
THE ANSWERS, OR RESCRIPTS, OF GREGORY THE GREAT,
POPE OF ROME, TO THE QUESTIONS OF AUGUSTIN, FIRST
ARCHBISHOP OF CANTERBURY.

Preface to Pope Gregory's Answers.

Gregory I., called also the Great, sent Augustin, the head
of a monastery in Rome, to convert the English to Chris
tianity, in the year of our Lord 596, or thereabouts. He,
with his forty monks, arrived in the Isle of Thanet, where
Ethelbert, king of Kent, whose dominion reached to the
Humber, gave them a meeting, and invited them to Canter
bury, the seat of his government; the king, with many of
his people, was in a short time converted to Christianity,
Berhta, his queen, a French lady, had been bred in that re
ligion, and had then a Christian bishop actually attending
her. Augustin being consecrated archbishop of Canter
bury, by Etherius of Aries, (as Bede affirms", though others,
with greater probability, say he was consecrated by German
bishops, in his journey to England,) soon after saw occasion
to send the following questions to be answered by Pope
Gregory, not for his own personal information, (for he could
not possibly be ignorant in many points here proposed,) but
because he saw it necessary to have several of these parti
culars enforced on the consciences of his clergy and people,
by a greater authority than his own. He received the fol
lowing answers from Gregory, together with his pall ; and
there is no reason to doubt but they were received by the
new English converts with as great regard as if they had
been the decrees of a general council ; for the authority of
the pope was one principal doctrine which Augustin did iu-

[Hist. Eccl., lib. i. c. 27.]

64 PREFACE

dustriously inculcate upon all occasions; and it is certain,

that for several ages before this the bishops of Rome assumed
to themselves a greater authority than they could in justice
claim; and in this particular, Gregory, and our Archbishop
Augustin, cannot be excused. Though Gregory was of an
aspiring temper, yet he was far from assuming to himself
that absolute authority over the whole Christian Church,
which his successors in the following ages arrogated to them
selves ; nay, he condemned the ambition of John, patriarch
of Constantinople, for styling himself universal bishop, and
stuck not to call it antichristian and diabolical. He was
equal to most of his predecessors in a pious zeal for propa
gating Christianity, and seems to have excelled all of them
in learning: but he had an immoderate affectation of the
monkish life, and was one of the most eminent advocates for
it ; and of this I dare say he would have repented, if he had
lived to see the monks, as they afterwards were, the greatest
corrupters of true Christianity. But the popes of the baser
ages could see no faults in them, because they were the chief
instruments of advancing the authority of the see of Rome,
though to the great diminution of episcopacy.
I have translated these questions and answers from Bede,
according to the printed editions of Sir Henry Spelman and
Mr. Wheloc: but I must observe to my reader, that the
learned Monsieur Petit, among his collection of ancient mo
numents of ecclesiastical discipline, annexed to Theodore's
Penitential, hath given us many select canons from a manu
script in the hands of Antony Vion, lord of Herouval ; and
he observes there were no canons in this whole book but
what were made before the age of the Emperor Charles the
Great, (who was born in the year 747, and who died in the
year 814,) and therefore not much inferior to the times of
Bede, if not equal with him. Among these are the answers
or rescripts of Gregory, but in the form of canons. The
questions of Augustin are not set down, but there are short
titles put in their stead, and many of the answers are shorter
than those in Bede. Monsieur Petit was of opinion that
these canons were the genuine rescripts or answers of Gre
gory, and that the additions in Bede are spurious. He tells
us of a learned man, called Petrus Gussanviilseus, who had
A.D. 601.] TO POPE GREGORY S ANSWERS. <;->

condemned the common editions of these questions and an

swers as full of interpolations, though he knew nothing of
these canons of Herouval ; and farther, that he had pointed
out the spurious additions, and that the sagacity of his con
jectures did afterwards appear, by comparing his emenda
tions (which he had before published) with this most ancient
manuscript ; " for they agreed," says Petit, " in all particulars
save two or three of no great moment." Gregory's answers
are in that copy reduced into twelve canons ; nine of them
are printed by Petit, as serving to his purpose, which was to
establish the authority of Theodore's Penitential, as published
by him*. I have taken care to inform my reader how much
of the following rescripts are found in those nine canons.
The other three are suppressed by Monsieur Petit, as not
being serviceable to his design ; of these therefore we have
the titles only.

[See "Theodori sanctissimi ac gory's works at Paris, A.D. 1675,

doctissimi archiepiscopi Cantuariensis and in his notes on these rescripts has
Penitentiale," edited by James Petit, condemned several passages as inter
Paris, A.D. 1677, torn. i. pp. 99, 101. polations, chiefly and sometimes solely
266280. The book of select canons upon the ground that from1 his ac
quoted in illustration of the Peniten quaintance with Tope Gregory's writ
tial by Petit from the Herouval MSS., ings he could not fancy that he would
is of some value and interest, but its have so expressed himself. To answer
authority is here greatly overrated, as such objections to the received reading,
well as that of Gussanvillseus. The would, as the Benedictine editor re
canons given there under the name of marks, be waste of time. " Uuamvis
Pope Gregory the Great are clearly only autem Epistolam hanc Gregorio non
a digest of his rescripts, and even if abjudicet Gussanvillseus, plurimas ta
the MS. from which they are taken rn ejus responsiones dubias putat aut
be allowed as early a date as A.D. etiam supposititiaa ; sed tarn levibus
747, it cannot vie with the Moore MS. infirmisque conjecturis id probare co-
of Bcde written in the monastery of natur, ut in illis diluendis frustra tem-
Weremouth ten years earlier, (see pus tereremus."S. Gregorii, Fapse I.
above, p. xlix. note u.) Petrus Gus- Opera Omnia, torn. ii. p. 1150. Paris,
unvillceus, a priest, edited Pope Gre A.D. 1705.]
 C6 pope Gregory's answers [A.D. coi.

A.D. DCI.

I. Question of Augustin.
Latin. How should bishops deal with their clergy, or how should
i. c. 27. the oblations which the faithful bring to the altar, be di-
Spelraaii, vided?
vol. 1. p. !l J.
Wilkins,
voi.i.p.is.] Gregory's Answer.

The Holy Scriptures, and especially the "Epistles of the

blessed Paul to Timothy, in which he endeavours to instruct
him, how he should behave himself in the Church of God, do
expressly declare this. It is the custom of the apostolical
see to charge bishops, when they are ordained, that the
whole income be divided into four parts, the first for the
bishop and his family, that he may be able to keep hospi
tality ; the second for the clergy, the third for the poor, the
fourth for the repairing of the churches. But because you,
my brother, have been trained up in the monastic rules, you
ought not to live apart from your clergy, in the English
Church lately converted to the faith, but as our fathers did
in the infancy of the Church, when no one said that aught
which he possessed was his own, but they had all things
common.
The following part of this paragraph is the first canon, according to
the Her. MS. ; the title is, " How a Bishop ought to deal with his Clergy."
bBut if there be any of the inferior clergy who cannot con
tain, they ought to marry, and receive their dividend apart
from the rest : for so it was also among our fathers, as it
[Acts iv. is written, " division was made to all, as every one had need."
35,J Provision must be made for their subsistence, and they arc
to be kept under the ecclesiastical rule, and a good moral
behaviour, and they should sing psalms early and late, and
Ed. preserve their heart [and tongue] and body, by the help
of God, from every thing that is sinful.
A. D. 601.] TO AUGU8TIN. 67

* This paragraph contains the second canon, according to the Her. MS. ;
the title is, " Of the Salaries of married Clergymen." The Paris edition,
1518, from which Sir H. Spelman published his, prefixes a new question to
this paragraph, viz., " Whether clerks who cannot contain, may marry ;
and if they do marry, whether they may return to the secular life ?"
c There is no occasion for us to speak at present of d making
dividends of hospitality, of giving alms, to men that live in
common. What you have beyond what is necessary, is to be
expended in piety and charity, since the Lord and Master of
all says, " f Give that in alms, which you have over and above,
and behold all things arc clean unto you."
= This paragraph contains the third canon, according to the Her. MS. ;
the title is, " Of living in common, and of Alms."
d Lat. De faeiendis portionibus ; but the Her. MS. has it, dejicientibus
portionibus, while their dividends were deficient or scanty.
e These words in the different character arc not in the Her. MS.
' So Gregory understood the vulgar Latin, Luke xi. 41. Quod super
est date eleemosynam, -c.

II. Question of Augusts.

How ought a bishop to officiate in the Church g, since the
faith is one, the custom of Churches various, and one manner
of mass prevails in the holy Church of Rome, another in the
Church of the Gauls ?
* The foregoing words stand at the end of the first question in all editions
I think. But I suppose I have restored them to their proper place. There
was no occasion for them in the first question, and this question is imper
fect without them. The dislocation is ancient, for it is in Alfred*.

Gregory's Answer.
h You, my brother, know the custom of the Church of Rome
in which you was bred. But it is my opinion, that if you
* [On the authority of Smith's manaecclesia.atque altera in Galliarum
edition of Bede, from Bp. Moore's tenetur?" Wheloc remarks in his
MS., (see above, p. xlix. note u,) we Edition of Bcde, A. D. 1814, that "cur"
may venture to say that the disloca- is against manuscript authority and the
tion is in Mr. Johnson's translalion, Anglo-Saxon version of King Alfred,
not in thatof King Alfred. Wilkinsalso but without this the sentence seems
in his Concilia retains the words "qua- complete : it was sufficient for St. Au-
liter episcopus agere in ecclesia de- gustine to state the difficulty without
beat," at the end of the first ques- expressly using the adverb of interro-
tion, and gives this question thus, gation, in the omission of which,Wheloc'
" Cum una sit fides, cur sunt cccle^-ia- is followed by Smith and other later
rum diversae consuetudines, et altera editors of Bcde.]
consuetudo missarum in sancta Ro-
e2
68 pope Gregory's answers [a. d. coi.

have found any thing that may be more acceptable to God,

whether in the Church of Rome, or that of the Gauls, or any
other, you carefully select it, and by singular instruction
instil what you may have collected out of many Churches,
into the Church of the English newly converted to the faith :
for things are not to be valued on account of places, but
places for good things : therefore choose out of every Church
what is pious, religious, and right, and treasure up this com
position in the minds of the English, as a customary Use [for
divine offices.]

'' This rescript makes the fourth canon in Her. MS., with this title, " Of
celebrating Mass." This answer may seem strange to some, since it is suf
ficiently clear, from Ecgbriht's sixteenth Answer, art. 1 and 2, that the Missal
and other offices of the Roman Church were always here used, that Gregory
sent them hither by Augustin, as the stated forms of worship, for the
Church then to be raised in England, and there is not any shadow of rea
son for supposing that any other form did prevail here in these ages. The
best account I can give of this matter is, 1st, that some offence might be
taken by the king, queen, or others at the diversity of rites between Augus
tin and Luidhard, who, before Augustin's arrival, used to officiate at St.
Martin's church, near Canterbury, according to the French forms, which
differed from the Roman. 2ndly, Luidhard being dead, or returned to France
before these answers came to Augustin's hands, the occasion of the question
ceased. If he were yet alive, there is little reason to think that he continued
here, when the queen had no further occasion for him, because she could
now join in the same worship with her royal consort. 3dly, the occasion
of this offence ceasing, there is no reason to believe that Augustin did ever
compile any new form, nor is it pretended that he did. 4tlily, the pope
does not give Augustin leave to use the French liturgy, nor was it consis
tent with the dignity of the Roman Church at this time that her forms
should give place to the French, nor is there any cause to believe that tbey
did.
III. Question op Augustin.
How ought he to be punished that steals any thing out of
the churches?
Gregory's Answer.
1 You, my brother, may judge by the condition of the thief,
how he ought to be corrected. Some steal though they are
provided of maintenance, others out of want ; therefore it is
necessary, that some be punished with mulcts, some with
stripes, some severely, some with lenity ; and when severity
A. D. 601.] TO AUGUSTIN. 69

is used, it must be done with charity, not with fury, with

this view, that he who is corrected may not be cast into hell-
fire. For we ought to exercise discipline over the faithful,
as good fathers do over their carnal children, whom they
whip for their faults, and yet desire that they whom they
afflict should be their heirs; and keep what they have for
those whom they seem to persecute with indignation. This
charity is therefore to be observed, in order to dictate the
measure of correction, that the mind may not be transported
beyond the bounds of reason. You will add, how should
they who have stole aught from the churches make restitu
tion? But far be it from the Church to receive any in
crease by the earthly things which she loses, or to gain by
the follies of men.
' This answer contains the fifth canon of the Her. MS., with this title,
" Of things stolen from the Church."

IV. Question of Augustin.

Whether two own brothers may marry two own sisters
related to them at a great distance ?
Gregory's Answer.
k This is lawful beyond all doubt, for there is nothing in
the sacred oracles contradicting it.
k There is nothing of this rescript in the Her. MS.

V. Question of Augustin.
At what distance may the faithful that are related in blood,
marry with each other? or, whether it be lawful to marry
mother-in-law or cousin-germans ?
Gregory's Answer.
1 A certain sordid1" law in the Roman Republic, allows
either the son and daughter of a brother and sister, or of two
brothers, or of two sisters, to be married together : but we
have learned by experience, "that the offspring of such a
match cannot thrive, [and the holy law forbids us to uncover Lev. xviii.
the nakedness of those that are near akin,] therefore the '
distance of "three or four generations is necessary, to make
 70 pope giiegoky's answers [a. d. 601
a marriage lawful among Christians : for they of the second
ought wholly to abstain from each other. But to lie with a
mother-in-law is a horrible crime, because it is written in the
law, "the nakedness of thy father thou shalt not uncover;"
and he that uncovers the nakedness of his mother-in-law, un-
[Gen. ii. covers the nakedness of his father, because it is written, " they
x 8 Lev. *wo shall be one flesh." It is also forbidden to marry a
xviii. 16 ; brother's wife, because by her former marriage she was made
one flesh P with thy brother. [q John Baptist was beheaded,
and crowned with martyrdom, because he said to the king
[ Matt. xiv. that it was unlawful for him to enjoy his brother's wife.]
'J But because there arc many of the English nation who had
contracted such unlawful marriages, while they were in a
state of infidelity, they are, upon their coming over to the
faith, to be admonished that they abstain from each other,
and made sensible of the sin they have committed ; let them
dread the terrible judgment of God, lest for the sake of
carnal love they incur eternal torments. rYet they are not
upon this account to be deprived of the communion of the
Body and Blood of Christ, * lest we should seem to revenge
upon them the covenants made before their baptism. For
the Church at present corrects some sins out of zeal, some
she bears with out of lenity, some she connives at for good
reason; and so bears and connives, as by this means often
to restrain the evil which she hates. All that come over to
the faith are to be warned, that they commit no such crime ;
and if any do, they are to be deprived of the communion of
the Body and Blood of Christ. For as the sin of those who
transgress through ignorance is to be borne with, so they who
sin against knowledge are severely to be punished.

1 This rescript contains the sixth canon of Her. MS., with this title, " Of
Marriage with such as are near akin."
m Lat. terrena, but this word is not in the Her. MS. Gregory clearly
means lib. i. tit. 10. of Justifcian's code, which permits cousin-germans to
marry*. The words of this answer enclosed in hooks are not in the
Her. MS.
Lat. sobolem ex tali conjugio non potse succrescere. I cannot thiol
the meaning of this to be, that such marriages are barren ; for to say that

[" Duorum autem fratrum vel soro- possunt." InstiL Justiniani, lib. i. c.
rum liberi, vel fratris ct sororis jungi x. iv. p. 65. Lugd. Bat. A.D. 1719.]
A. D. 601.] TO AUGUSTIN. 7t

such mixtures produce no children, was to encourage private and wicked

familiarity between persons so related ; and the Latin will bear this rendi
tion which I have riven in the text.
o Theodorus observes, that the Greeks married in the third degree, and
that the Romans did not annul a marriage in the same degree : his own
resolution of the case was, that any might marry in the fifth degree, and if
they were found marrying in the fourth, the marriage should not be dis
solved. See Theod. Penit., c. xi. p. 12.
Thy sister. Her. MS.
q This is one of those interpolations which Gussanvillams discovered,
without the help of any MS. I have chosen the interpolation of King
Alfred, as shorter and more to the purpose than that in the present
Latin*.
' Theodore in his Penitential gives more countenance to this than
Gregory does in this rescript. He says, " though the marriage be unlawful,
yet a man may entertain himself with such as he has." Theodore was
archbishop of Canterbury above seventy years after Augustin. Any
modern pope writing on this subject, would have said that the marriage
was null, without his Holincss's dispensation : but a dispensation was a
thing unheard of in those days, till the twelfth century. The reader will
not, I hope, conclude that I certainly look on Theodore's Penitential, as
published by Petit, to be genuine, because I here cite it.
Here ends the sixth canon, according to the Her. MS. ; therefore what
here follows is spurious, if that MS. be authentic.

VI. Question of Augustin.

If bishops cannot easily assemble, by reason of their dis

tance and long journeys, whether a bishop may not be or
dained without the presence of other bishops ?

[" Pro qua re etiam Johannes Bap- supporting his decisions by quotations
tista capite truncatus est, et sancto and examples from Holy Scripture,
martyrio consummatus, cui non est here refers to the testimony of St,
dictum ut Christum negaret, et pro John Baptist, as most pertinent and
Christi coufessione occisus est ; sed forcible in favour of the decision he
quia isdem Dominus mister Jesus lias just given, and goes on to shew
Christus dixerat : Ego sum Veritas; that the title of martyr can belong to
quia pro veritate Johannes occisus est, that saint only so far as that decision
videlicet et pro Christo sanguinem fu- is true. The word isdem, misprinted
dit." Tliis passage, which Mr. Johnson iisdem in Sir H. Spelman, is the 110-
with Gussanvillaeus supposes to be minative singular,
interpolated, is supported by the au- After the above passage the Paris
thority of Bp. Moore's MS., (seep. xlix. edition of Bede, A.D. 1518, inserts a
note u,) and therefore may reasonably fresh question, " Declarari posco an si
be received asthe genuine textof Bede, turpiter conjunctis sit indicenda se-
although the latter part of it difFeis paratio, et Sacra; Communionis dene-
from King Alfred's version: nor does ganda oblatio?" See Smith's Bede,
it appear irrelevant. Pope Gregory, p. til.]
according to his usual practice of
 72 pope Gregory's answers [A.D. 601.

Gregory's Answer.
You cannot ordain bishops otherwise than by yourself
alone in the Church of the English, because you are, at pre
sent, the only bishop there. When bishops come from Gaul,
they may assist as witnesses, when you ordain a bishop*.
But 'we desire you, my brother, to ordain bishops in such a
manner, that they may not be at too great distance from
each other ; that three or four may meet to ordain a bishop,
for it ought not otherwise to be done : for we may take example
from carnal things for regulating spiritual affairs. Married
persons are invited to weddings, that they who have before
entered upon a married life may rejoice over them that
follow : why therefore, in this sacred mystery, in which a man
is married to God, should not such meet together, as may
rejoice at his advancement, and pray for his safety.

[Addenda.] ' [It may seem strange that Gregory should call Augustin the only
bishop in the Church of the English, if he knew that Luidhard was yet
here. Yet there is no inconsistency in this. For Gregory might justly
consider Luidhard only as a sojourner here in Kent. He had probably a
see in France : therefore his stay here must be very uncertain. Augustin
was the only bishop that was settled here. The Latin is, " In Anglorum
Ecclesia in qua adhuc tu solus episcopus inveniris."] All the foregoing
part of this answer is omitted, in the Her. MS. The seventh canon
begins thus, " Let bishops be ordained in such a manner, that they
may not be at too great distance from each other ;" and so on, as in
this translation. For I have here followed the MS. only, as being
more clear than the other copies ; and yet saying all that is said in
the others. The title of this canon is, " Of making Ordinations." As to the
omitting the first part of this answer, it must be owned that there are some
grounds of suspicion that it is not genuine. Ilmay justly seem strange
that two so considerable persons as Peter and Laurence should be sent
with this question to Rome, and that four such notable men as Mellitus,
Ju.stus, Paulinus and Rufinianus, should come with Augustin's pall from
the pope, and yet none of these six should be ordained bishops at Rome,
when yet Pope Gregory could not but know by this question that there
was occasion for more bishops than one in England : nay, it seems unac
countable, that Augustin himself should go, by sea and land, so far as
Aries, to be consecrated himself alone. He could not but know, or would

[SoWheloc, but Spelman, Smith, inveniris, ordinare episcopum non aliter

and Wilkins give as the words of Bede nisi sine cpiscopis potes. Nam quando
in this place, " Et quidem in Anglo- de Guilts episcopi veniunt, qui in
rum ecclesia in qua solus tu episcopus ordinatione episcopi testes adsislant?"]
 A.D. 601.] TO AUGUSTIN. 73

however have learned at Aries, that three bishops are required by canon to
ordain another, and that if therefore he had not two others ordained with
him, he should be uncapable of ministering episcopal ordination here in
England, according to the canonical form. Five of the seven persons
before named were afterwards bishops : let any man consider whether this
be credible, and therefore whether this is not to be imputed to a defect in
the writer, who gave no account of any ordination but Augustin's. Per
haps some who had observed this flaw in Bede's history, endeavoured to
salve it, by inserting this question and the former part of this rescript.
King Alfred's Latin books differed from our present editions, or rather were
contrary to them ; for his translation is thus in English, " Even in the
English Church, in which, as yet, you are the only bishop to be found,
you may not hallow a bishop in this manner, without other bishops ; but
bishops shall come to you from the kingdom of Gaul, such as may stand
witnesses at the hallowing of a bishop." Copies have been altered since
Alfred's time.

VII. Question of Augustin.

In what manner shall we treat the bishops of the Gauls

and Britons ?

Gregory's Answer.
u We give you no authority over the bishops of the Gauls,
because the bishop of Aries hath of old received the pall from
my predecessors; and we ought not to deprive him of his
authority : if, therefore, you my brother, chance to pass into
the province of the Gauls, you ought to treat with the bishop
of Aries in such a manner, that if there be any faults among
the bishops, they may be corrected, and that you may kindle
in him a zeal for discipline, if you find him remiss. And I
have written to him, that when your Holiness is among the
Gauls, he may give you his most hearty assistance, and re
strain in bishops whatever is contrary to the divine command.
But you are not to act the part of a judge over the bishops of
the Gauls, as being not within the bounds of your jurisdiction;
but by persuasion, courtesy, and good example, to reclaim
the minds of them that do amiss, to the study of holiness, be
cause it is written in the law, " When thou goest through [Deut.
another man's field, thou shalt not put thy sickle into his x""' "'
standing corn, but rub the ears"of corn in thy hand, and eat."
And you are not to use the sickle of justice in another man's
74 pope Gregory's answers [A.D. 601.

harvest ; but to take away the chaff of vice from the Lord's
wheat, by the efficacy of your own good endeavours, and by
your admonition and persuasion convert it to the nourish
ment of the body, that is, the Church : whatever is done there
in an authoritative manner, must be done in conjunction with
the bishop of Aries, that the ancient institution of the fathers
may be maintained. But we commit all the bishops of the
* Britons to you, my brother, that the unlearned may be in
structed, the weak strengthened by good advice, the perverse
be corrected by [your] authority v.

" Here our MS. is not transcribed by Mr. Petit, be only gives ns the
title of that which is with him the eighth canon, viz., " Of the Bishops of
the Gauls and Britons."
" When the pope gives Auguslin authority over all the bishops of
Britain, it is probable that he meant this as a personal privilege, which was
to die with him. There is a Latin letter in Bede, lib. i. c. 29, that expressly
says this. Nor can the authenticness of the letter be disputed ; Bede does
refer to it in his Epistle to Ecgbriht. But it is reasonable to presume
that the pope did afterwards make another settlement of the archiepiscopal
see, at least our writers so understood the case, for they universally speak of
the archbishopric of Canterbury, as founded by Gregory and Austin. Al-
binus, Bede*s informer, met with Gregory's first letter, but not with those
letters, rescripts, or instruments whereby an alteration was made in this
respect*. It is utterly incredible that the bishop of London should never
have claimed the primacy, when his right was so well supported as it was
by this bull, if it had not been well known that other provisions had been
made in this respect. And London in the ages following after King
Ethclbert, was several times in the hands of princes that were able to main
tain the city of London's right to the primacy, if they had been sensible
of so just a claim as the pope's letter was thought in those ages.
v One of the Paris editions here inserts a question and answer, concern
ing the relics of St. Sixtus, but they are certainly spurious, and indeed they
arc framed without any consistency.

VIII. Question of Augustint.

1. Whether a woman big with child may be baptized? 2.
How long must it be ere she come to church, after she is
[That Canterbury was finally made lowing question are the only places in
the archiepiscopal see by Pope Gregory which Mr. Johnson has abridged the
and St. Augustine, is clear from a documents he translates. The omis-
letter of Pope Honorius, A.D. 6.34, sions are supplied from the original
printed in Wilkins' Concilia, vol. i. Latin, in the notes to the present edi-
p. 3.5.] tion, and the answer to the ninth ques-
f [The answers to this and the l'ol- tion is printed at length.]
A. D. 601.] TO AUGUSTIN. 75

brought to bed ? 3. How old must the child be ere it be

baptized? 4. After how long a time may her husband lie
with her ? 5. May a mcnstruous woman come into the church,
or partake of the Sacrament of Communion ? 6. May a man
coming from his wife's bed, enter into the church, or receive
the Sacrament of Communion, before he have washed him
self with water ? The rude nation of the English want full
satisfaction as to all these particulars.

Gregory's Answer.
It is certain, you, my brother, have formerly made this
enquiry, and I think I have answered it. But I suppose you
desire to have your own directions and sentiments confirmed
by my rescript.
1. *Why should not a woman big with child be baptized,
since carnal fecundity is no sin in the sight of God ? For
when our first parents had sinned in paradise, they forfeited,
by the just judgment of Almighty God, that immortality
which they had received from Him. Since then it was not
God's intention to extinguish mankind for their sin, He at
the same time deprived man of his immortality, and yet
through the tenderness of His mercy He continued to him
the propagation of his kind. With what reason then can
that gift of God, which was indulged to human nature, become
an obstacle to baptismal grace ? Indeed it is very absurd to
suppose, that the free gift of God is inconsistent with that
Sacrament, in which all sin is entirely blotted out.

The ninth canon of the II er. MS. begins thus, "A woman with child
may bebaptized," 8cc, as in this paragraph and the two following. The title
is, " Of baptizing Women in Danger of Death, and of their Offspring."

2. But in how many days after her delivery a woman may

enter into the church, you have learned from the Old Testa
ment, that is, that for a male child she should absent herself Lev. xii.
thirty-three days, for a female child sixty-six ; which yet is '
taken to signify some mystery. For if she come to be
churched* the same hour in which she is delivered, she is not
to be charged with sin on that account. The lasciviousness,
not the pain of the flesh, is in fault ; children are begotten in
 76 pope Gregory's answers [a.d. 601.

lasciviousness, brought forth in pain : on which account it

[Gen. iii. was said to the first mother of us all, "In pain shalt thou
bring forth children." If therefore we forbid a lying-in woman
to come to church, we impute her punishment to her as
a crime.
" Actum gratias : this seems to imply some known rite or form of
returning thanks.
3. It is in no wise forbidden to baptize either the lying-in
woman, the very hour in which she is brought to bed, or the
child, in the very hour in which it was born, if there be any
danger of death. For as the grace of the Holy Sacrament
is with great care* to be procured for them who are living and
looking f ; so to them who are under the imminent danger of
death, it is to be offered without delay ; lest while we stay for
the proper season" for the Sacrament of redemption, before
that time come, the person to be redeemed should be no
more to be seen c.
6 Viz., Easter-Eve and Whitsun-Eve.
Here ends the ninth canon, according to the Herouval MS.

4. d The husband should not lie with his wife till the
child be weaned. eBut an evil custom prevails among mar
ried people, that women scorn to give suck to the children
which they bear, and put them out to be nursed by others ;
which invention seems to owe its rise wholly to incontinence :
they disdain to suckle the children which they beget, because ,
they are not disposed to contain. However, the women who
through evil custom put out their children to be nursed
by others, ought not to lie with their husbands till the time
of their cleansing be over, for this is forbidden, while the
custom of women is upon them, even when it is not occa-
Lev. xviii. sioned by child-birth ; insomuch that the holy law inflicts
18.] death upon the man that goes in to a menstruous woman.
a Here begins the tenth canon of the Herouval MS., which contains this
and the following paragraph. The title is, " Of a lying-in, or menstruous
woman." Petrus Gussanvilheus had affirmed the first sentence of this para
graph to he spurious ; hut Petit assures us that it is in the Herouval MS.,
and he observes, that Clemens Alexandrinus teaches the same doctrine,
Strom., lib. iii. ; but then he docs not impose it as necessary, as Gregory

[discretione.] f [discernentibus.]
A.D. 601.] TO AUGUSTIN.

seems inclined to do *. Theodore only lays an abstinence of forty days, after

the woman's delivery, but of three months before, Pcenit., c. 11.
The Reformatio Leguin Ecclesiasticarum in the reign of King Edward
VI. condemns the practice of putting out children to nurse, De Matri-
raonio, c. 13. p. 43.

5. Yet a menstruous woman ought not to be forbidden

entrance into the church, for the superfluity of nature can
not be imputed to her as a fault : and it is not reasonable
she should be deprived of her liberty of coming to church,
on account of what she suffers against her own will. For we
know the woman who had a bloody-flux came behind our
Saviour, and touched the border of Christ's garment, and [Matt. ix.
immediately her infirmity departed from her. If this woman ^
was praised for touching the border of His garment, why
should it be unlawful for a menstruous woman to go into the
church? fYet it becomes a pious mind to acknowledge
[The first sentence of the above estaliud contra fnmem alimenta, contra
paragraph is in the Moore MS. and sitim potum, contra aestum auras, contra
King Alfred's version. frigus vestem, contra lassitudinem re-
The following is the passage quoted quiein quaerere, nisi medicamentum
by Petit :a06fyov Stl^etas 4yK6poviir\7i-
quidem contra segritudines explo-
at&acuna ruy Tlpcff&vrtpwv riva, Kara rare? Fceminae itaque et menstruus
rlpr rpapriv i\\a Saripoy ptrd rt tV sui sanguinis fluxus, aegritudo est. Si
Kvotyopiay, perd T rijy rou tx^**' igitur bene praesumpsit, quae vesti-
yaXcutTovxiay, tvpots tw *d\tv npbs rwv mentum Domini in languorc posita
ay&pwv yivuatcopfyas ras yvvatKas. av- tetigit, quod uni persona? infirmanti
t'ikcltovtov tvpTjfftis rby axoirbv ical rby conceditur, cur non concedatur cunctis
rou Huwriws raripa $u\daaovra,rpit- mulieribus, quae nature suae vitio in-
ri&r ota\iir6yra fierct i))v rou 'Aapwy firmantur? Sanctae autemcommunionis
airoKVTjuiv, ytyvi\oayra TOP Mutvnta. i\ mysterium in iisdem diebus percipere
Tf ah AfL'iTih-?/ <pv\)jt rouroy tpu\do~- non debet prohiberi. Si autem ex vene-
ffoutra rby rrjs tpvatus v6pov 4k Gtov, ratione magna percipere non pnesumit,
iKolttuiv rby aptd/xbv irapb. ras &\\as laudiinda est, sed si perceperit, nonju-
is rip) TpoKariryyt^ptyriy iloqKSf yrjy dicanda. Bonarum quippe mentium est,
ov yip faSius aboard yiyos fls xo\v- et ibi aliquo modo culpas suas agnos-
Tr\rit>iay, CTrftpdvruv p*v tc aySpaty ray cere, ubi culpa non est, quia saepe sine
rby Kara robs y6/loui yaunv avafitSe- culpa agitur, quod venit ex culpa :
uivw ayap*v6yrwv 8i, ob rrjy xuotpo- uncle etiam cum esurimus, sine culpa
p'uu pimv, oAAo koj tV 7oAoirroux'a". comedimus, ex culpa autem primi ho-
Clemen Alex. Stromatum, vol. i. minis factum est, ut esuriamus. Men
lib. iii. a xL p. 543.] strua enim consuetudo mulieribus non
t [From this point to the end of the aliqua culpa est, videlicet quia natura-
paragraph the words of Pope Gregory liter accedit. Sed tamen quia natura
the Great, as recorded by the Venerable ipsa ita vitiata est, ut etiam sine volun
Bede, are, " Sed dicis, illam infinnitas tatis studio videatur esse polluta, ex
compulit, has vero, de quibus loqui- culpa venit vitium, in quo se ipsa, qualis
niur, consuetudo constringit. Perpende per judicium facta sit, human natura,
utern frater carissime, quia omne cognoscat. Et homo qui culpam sponte
quod in hac mortali came patimur ex perpetravit.reatum culpa? portetinvitus.
infimritate naturae, est digno Dei judi- Atque ideo fceminae cum semetipsis
cio post culpam ordinatum. Esurire considcrent, etsi in menstrua consuetu-
namque, sitire, acstuare, algere, lasses- dinead sacramentum Dominici corporis
cere, ex infirmitate naturae est. Et quid et sanguinis accedere non praesumant,
 78 POPE GRKOORy's ANSWERS [A. D. 601.

a fault where there is none. A woman ought not at those

times to be repelled from the Sacrament of the Communion ;
yet she is to be commended, if out of reverence she presume
not to communicate.
6. But' a man that hath laid with his wife, ought not to
enter the church till he hath bathed himself in water, nor
[Lev. xy. yet presently after he hath bathed. The old people were
J commanded by the law of Moses, that when a man had lien
with a woman, he should be bathed in water, and not enter
into the tabernacle before the going down of the sun, which
yet may be spiritually understood; for a man lies with a
woman when the mind delightfully embraceth an evil lust
that riseth in his own thoughts. For the man ought not to
think himself fit for the public assembly, who perceives him
self burdened with the guilt of a depraved will, till he have
cooled the fire of it. And though the sentiments and prac
tice of several nations be very different as to this particular,
yet it has, for many ages past, been the constant practice of
the Romans to purify by bathing, and reverently to abstain
for a while, after having performed the conjugal act. In
saying this we do not make matrimony a fault ; but lay a
restraint from entering into the sacred place, on account of
that carnal pleasure which is unseparable from the conjugal
act. And this pleasure cannot be without fault ; for he was
[Ps. li. 5.] born of lawful wedlock, who said, " Behold, I was shapen
in wickedness, and in sin my mother conceived me *." In

de sua recta consideratione laudandae tente Deo pollutum esse in opere os-
sunt : dum vero percipiendo ex reli- tenditur, quod ex pollutse cogitation
giosaevitae consuetudine ejusdem mys- radice geueratnr. Unde Paulus quo-
terii amore rapiuntur, reprimands que Apostolus dicit: 'Omnia muntU
(sicut pra?diximus) non sunt. Sicut mundis, coinquinatis autem et infide-
enim in Testamento veteri exteriora libus nihil est mundum f.' Atque mox
opera observantur : ita iu Testamento ejusdem causam coinquinationis au-
novo, non tarn quod exterius agitur, nuntians subjungit : 'Coinquinatasunt
quam id quod interius cogitatur, soli- enim et mens eorum et conscientia.'
cita intentione attenditur, ut subtili Si ergo ei cibus immundus non est,
sentenlia puniatur. Nam cum multa cui mens immunda non fuerit, cur quod
lex velut immunda manducare prohi- munda mente mulier ex natura patitur,
beat, in Evangclio tamen Dominus ei in immunditiam reputetur ?" Hist,
dicit: 'Non quod intrat in.os, coin- Eccl., lib. i. cap. 27.]
quinat hoininemj sed qua exeunt de [" Qui enim in iniquitatibus con-
ore, ilia sunt quae coinquinaut*.' Atque ceptum se noverat, a delicto se natutn
paulopostsubjecitexponens: 'Kxcorde geuitbat : quia portat in ranio humo-
exeuntcogitationesmala?.' Ubi ubertim rem vitii, quem traxit ex radice."]
indicatum est, quod illud ab omnipo-
Matt. xv. 11. f Titus i. 15.
A. D. 601.] TO ATJGUSTIN. 79

which words he does not charge conjugal conversation with

sin, but the pleasure of it. Many things are lawful, and yet
we are polluted by the doing of them *. Anger against
vice is commendable : and yet the discomposure it causes
is not without fault t- Yet if any man be carried to lie
with his wife, not by lust, but by a desire of procreating
children, he is to be left to his own judgment, both as to
going to church, and receiving of the Sacrament of the Body
and Blood of our Lord ; for he ought to have no restraint
laid upon him, who being in the fire does not burn. But
when pleasure, not procreation, bears rule in this matter,
husbands and wives have cause to lament their embraces J ;
for when the Apostle Paul had said, " s Let him that cannot [ l Cor. vii.
contain, have a wife," he took care presently to add, " but J
this I speak by indulgence, not by command." What is
[wholly] lawful, is not indulged . What he indulged, he
therefore thought faulty. It ought seriously to be consi
dered, that the Lord, when He was going to speak to the
people in Mount Sinai, first charges them to abstain from [Exod.
their wives. And if when God speaks by a creature , there X1X* 15'-'
were such a provision made for bodily purity ; how much
more ought women, who receive the body of the Lord
Almighty, to preserve their bodily purity, lest they be sur
charged with the weight of the inestimable Sacrament?
Therefore the priest said unto David and his servants, " If [iSam.xxi.
they were clean from women, they might eat the shew- 4-^
bread." When a man, after the conjugal act, hath bathed
himself, and so is fit to enter into the church, according to

[" Sicut stepe irascendo culpas in- luptatis; et carnis commixtio, crean-
sequimur, et tranquillitatem in nobis dorum liberorum sit gratia, non satis-
animi perturbamus : et cum rectum factio vitiorum."]
sit quod agitur, non est tamen adpro- % [The next four sentences of the
babilu quod in eo animus perturbatur. original are, " Hoc enim cis concedit
Contra vitia quippe delinquentium sancta prxdicatio ; et tamen de ipsa
iratus fuerat qui dicebat. ' Turbatus concessione metu animum concutit.
est prae ira oculus meus' (Ps. vi. 8. Nam cum Paulus Apostolus diceret:
Old Italic Version). Quia enim non ' Qui se continere non potest, habeat
valet nisi tranquilla meus in contem- uxorem suam ;' statim subjungere
plationis se lucem suspendere, in ira curavit : ' Hoc autem dico secundum
suum oculuin turbatum dolebat, quia indulgentiam, non secundum impe-
dum male acta deorsum insequitur, rium,' non enim indulgetur quod licet,
confundi atque turbari a summorum quia justum est. Quod igitur indul-
contemplatione cogebatur."] gere dixit, culpam esse demonstravit."]
) [" Oportet itaque legitimam carnis ["per creaturam subditam."]
copulam, ut causa prolis sit, non vo-
 80 pope Gregory's ANSWERS [A. D. 601.

the aforesaid determination, at the same time he may also

receive the Sacrament of the Communion.
'This is the eleventh head in the Her. MS., but Petit gives us only the
[Addenda.] title, viz., " Of lying with one's own Wife." [A very learned writer in
his excellent treatise of the Celibacy of the Clergy*, p. 68, reflecting on
these words of Gregory, asserts that Clemens Alexandrinus says this cere
mony was no where practised among the Christians in his time. Stromaturo,
lib. iii. I can find no such saying there. The most he asserts is, that
[Clem.Al., Christ did not require this bathing, as Moses had done, Ov&i p.lv tovAko
cij -i Tijr naia tra>{vyiav icoiVijr, opalac at traXat, ftcarritcOai (tai vvv irpoa-
raaafi f/ Qtta 8io Kvpiov Upovoia. c. 12.
' He cites Scripture, memoriter, and therefore unaccuratcly. The
Apostle had said just before that " they might come together again, that
Satan might not tempt them by means of their incontinency," 1 Cor. vii.
5,6.

flX. Question of Atjgustin.

Whether a man may receive the Body of the Lord ; or if
he be a priest, whether he may celebrate the holy mysteries,
after a nocturnal pollution ?

Gregory's Answer.

'The old law pronounceth a man unclean in this case; and

permits him not to enter into the tabernacle till the evening,
as we said under the former head ; and yet the spiritual
people will take this to mean another thing, as was hinted in
the former case; for he, who being fempted to uncleanness is
defiled by his own thoughts, is as it were under the illusion
of a dream, and he is to be washed with the water of his own
tears, that he may be freed from the guilt of his own thoughts,
and he ought to look on himself as unclean till the evening,
or till the heat of the temptation go off. And there is a very
necessary distinction to be made as to this illusion ; that is,
it ought nicely to be considered from what cause this happens
to the mind of man in his sleep. Sometimes it proceeds from
intemperance, sometimes from the superfluity or infirmity of
nature. And when it comes from superfluity or infirmity, no

[This treatise was written by Henry mously, London, A.D. 1688.]

Wharton, M.A., and published anony- f [For the original, see p. 82. not*.]
A.D. 601.] TO AUGUSTIN. 8]

man ought to be concerned at the illusion, because the mind

is no way accessary to it ; and may grieve for the bearing,
rather than for the doing of it. But when a man is by bis
appetite transported to intemperance in diet, and the vessels
are by that means overladen with humours, the mind does
thereby contract some guilt, but not to such a degree as to
detain men from receiving the Holy Mysteries, nor from cele
brating Mass, if (as it may happen) a festival day does abso
lutely require this to be done ; or if necessity compel him to
give the Sacrament, and no other priest can be had. For if
others are present to perform the ministration, he ought, 1
conceive, humbly to abstain from the oblation of the Sacra
ment. But an illusion proceeding from intemperance, does
not lay a man under a prohibition from receiving the Sacra
ment, unless it have smitten the mind of the man in his sleep
with a foul imagination : for there are some in whom the il
lusion is raised in such a manner, that the mind, though
residing in the body, is very often not polluted with any filthy
fancy . But if the illusion of a man in his sleep proceed
from his foul thoughts while he was awake, then the mind
may easily perceive its own guilt. For she knows from what
root the defilement grew, viz., that what she willingly thought
of, that she unwillingly endures . Every sin is perfected
by three steps; the devil makes a suggestion, the flesh raises
a delectation, the soul gives consent. The serpent suggested
the first sin ; Eve, as flesh, was delighted ; Adam, as the soul,
consented . When the malignant spirit suggests a sin
to the mind, if no delectation follow, no sin is committed ; but
when the soul begins to feel a delectation, then sin begins to
be conceived; but when there is a deliberate consent, then
the sin appears to be finished . It often happens, that
the soul does not consent to what the malignant spirit sows in
the thoughts, and which the flesh raises to a delectation :
yet the soul, even in resisting carnal pleasure, is carried to
a sort of delectation against its will, (since the flesh indeed
without the soul perceives no pleasure ;) so that it doth with
reason contradict and withhold its consent ; and yet cannot
but perceive the delight, and earnestly lament it.
i We have here only the title of the Her. MS., viz., "Of the illusion
which happens in Sleep." How much of the rescript is in the twelfth canon
JOHNSON. f
82 pope Gregory's answers to augtjstin. [a. d. coi.
of that MS. can only be known to those who possess it, or who have Gus-
sanvillffius's book. But the reader is to observe that I have taken liberty
very much to abridge the two last answers of Gregory; for the pope is
most immoderately prolix, especially upon the case of nocturnal illusions*.

[IX. Interrogatio Augustini. "Si ex turpi cogitatione vigilantis oritur

post illusionem, quae per somnium inlusio dormientis, patet annuo suus
solet accidere, vel corpus Domini qui- reatus : videt enim a qua radice inqui-
libet accipere valeat; vel si sacerdossit, natio ilia processerit : quia quod cogi-
sacra mysteria celebrare?" tavit sciens, hoc pertulit nesciens. Sed
Respondit Gregorius: " Hunc qui- pcnsandum est, ipsa cogitatio utruni
dem testamentum veteris legis, sicut suggestione, an delectatione, vel quod
in superior! capitulo jam diximus, majus est, peccati consensu accident.
pollutum dicit, et nisi lotum aqua Tribus enim modis impletur omne pec-
usque ad vesperam intrare Eccle- catum ; videlicet suggestione, delec
siam non concedit. Quod tamen aliter tatione, consensu. Suggestio quippe
populus spirilalis intelligens, sub eodem fit per diabolum : delectatio per car-
intellectu accipiet quo prarfati sumus : nem, consensus per spiritum : quia et
quia quasi per somnium inluditur, qui primam culpam serpens suggessit, Era
tentatus immunditia veris imaginibus velut caro delectata est, Adam vero ve-
in cogitatione inquinatur ; sed lavan- lut spiritus consensit Et necessaria
dus est aqua, ut culpas cogitationis est magna discretio, ut inter sugges
lacrymis abluat : et nisi prius ignis tion cm atque delectationem : inter delec-
tentationis reccsserit, rcum se quasi tationem et consensum, judex sui ani
usque ad vesperam cognoscat Sed mus prsesideat. Cum enim malignus
est in eadem inlusione valde neces- spiritus peccatum suggerit in mente, si
saria discretio, quae subtiliter pensari nulla peccati delectatio sequatur, pec
debet, ex qua re accidat menti dormi- catum omni modo perpetratum non est,
entis : aliquando enim ex crapula, ali- cum vero delectari caro cceperit, tunc
quando ex naturae superfluitate vel in- peccatum incipit nasci : si autem etiam
firmitate, aliquando ex cogitatione con- ex deliberatione consentit, tunc pecca
tingit ita. Et quidem cum ex naturae tum cognoscitur perfici. In suggestione
superfluitate vel infirmitate evenerit, igitur peccati initium est.in delectatione
omnimodo haecinlusio non est timenda : fit nutrimentum, in consensu perfectio.
quia banc animumnescientempertulisse Et saepe contingit, ut hoc quod malig
mngis dolendum est, quam fecisse. nus spiritus seminat in cogitatione, caro
Cum vero ultra modum appetitus gulae in delectationem trahat, nee tamen
in sumendis alimentis rapitur, atque id- anima eidem delectationi consentiat.
circo humorum receptacula gravantur, Et cum caro delectari sine animo ne-
habet exinde animus aliquem reatum, queat, ipse tamen animus carais volup-
non tamen usque ad prohibitionem per- tatibus reluctans, in delectatione car-
cipiendi sancti mysterii, vel missarum nali aliquo modo ligatur invitus, ut ei
solemnia celebrandi : cum fortasse aut exratione contradicat, ne consentiat;
festus dies exigit, aut exhiberi myste- et tamen delectatione ligatus sit, sed li-
rium (pro eo quod sacerdos alius in gatum se vehemeuter itigemiscat. Unde
loco deest) ipsa neccssitas compellit. et ille ccelestis exercitus praecipuus
Nam si adsunt alii, qui impleremyste- miles gemebat, dicens: 'Video aliam
rium valeant, inlusio pro crapula facta, legem in membris meis repugnantem
a perceptione sacri mysterii prohibere legi mentis mete, et captivum me du-
non debet': sed ab immolatione sacri centem in lege peccati, quae est in
mysterii abstinere (utarbitror) humili- membris meis.'f Si autem captivus
ter debet, si tamen dormientis mcntem crat, miniine pugnabat; sed et pug-
turpi imaginatione non concusscrit. nabat: quapropter et captivus erat, et
Nam sunt quibus ita plerumque inlu pugnabat igitur legi mentis, cui lex quae
sio nascitur, ut eorum animus etiam in membris est, repugnabat. Si autem
in somno corporis positus, turpibus pugnabat, captivus non erat. Ecce
imaginationibus non fccdetur. Qua in itaquc homo est, ut ita dixerim, cap
re untim ibi ostenditur, ipsa mens rea, tivus et liber ; liber ex justitia quam
non tamen vel suo judicio libera, cum diligit, captivus ex delectatione quam
se, etsi dormienti corpore nihil meminit portat invitus." Bede, Hist. Eccl.,
vidisse, tamen in vigiliis corporis me lib. i. c. 27.]
minit in ingluviem cecidisse. Sin vero t Rom. vii. 23.
 A.D. DCII., or thereabouts.

KING ETHELBERT'S DOOMS ECCLESIASTICAL.

Pbbfack.

" Kino Ethelbert, after the example of the a Romans, made

judicial decrees for his nation, with the advice of his wise men,
which are yet kept written in the language of the English, and
are observed by them. In these he first of all appointed
what satisfaction ought to be made for taking away the goods
of a bishop, or of those in the other orders." Bede, lib. ii. c. 5.
These judicial decrees are extant in the ancient MS.
called Textus Roffensis *, and are published by the excellent
Dr. Hickes in Dissertatio Epistolaris, p. 89, with Laet's Latin
translation. Sir H. Spelman published the three first, Con
cilia, vol. i. p. 127 f. I have added three more from Laet.
There are eighty-nine of them in all %.
' Ethelbert might be said to act after the example of the Romans, in
taking the advice of wise men, not in laying mulcts on such as robbed
churches or bishops; this was contrary to Gregory's direction, in his third
answer to Augustin. But Gregory, perhaps, did not know this taxation of
capital crimes to be the general practice of the Saxons ; though Tacitus
mentions it, De Moribus Germanorum , and if the king had these mulcts,
(as is probable, from Law, j,) then it was not contrary to Gregory's answer.

[See General Preface, p. viii. cusarequoque etdiscrimen capitis inten-

note a.] dere. Distinctio poenarum ex delicto.
f [Sir H. Spelman adds in a note, Proditores et transfugas arboribus sus-
" Sequuntur multa ad viUB probitatem pcndunt ; ignaros et imbelles et cor-
et niorum correctionem pertinentia, pore infames cceno et palude, injecta
alioquin vero nihil ad rein Ecclesioe."] iusuper crate, mergunt. Diversitaa
X [Of the laws here given, the first supplicii illuc respicit, tanquam sce-
four are numbered as in the Disser- lera ostendi oporteat, dum puniuntnr,
tatio Epistolaris, but tbe fifth is the flagitia abscondi. Sed et levioribus
ninth, and the sixth the thirty-second, delictis pro modo poena: equorum
of the laws of King Ethelbert. This pecorumquenumeroconyictimultantur.
will explain Mr. Johnson's double re- Pars mulls regi vel civitati, pars ipsi
ference in the abore note, a.] qui vindicator vel propinquis ejus ex-
[c. 12. Licet apud concilium ac- solvitur.]

K ii
Saxon. These are the dooms which King Ethelbert established in
voi.'i. pi*' the days of Augustin.
29-] 1. God's "fee and Church's fee is a twelve-fold mulct.
Fee. That is, money, goods, or chattels.

The bishop's fee is an eleven-fold mulct.

The priest's fee is a nine-fold mulct.
The deacon's fee is a six-fold mulct.
The clerk's fee is a three-fold mulct.
A Church's "peace is a two-fold mulct.
> Peace. That is, the quiet enjoyment of the service of God, and their
privileges, without molestation. By this law, he who robbed a Church
paid twelve times the value of the thing stolen ; he who broke the peace
of a Church, as much again as he who broke the king's peace *.

A monastery's peace t is a two-fold mulct.

2. If the king call his people to him, and any evil be done
to them, the satisfaction is two-fold, and fifty shillings to
the king.
3. If the king be drinking at any man's house, and any
mischief there be done, let the satisfaction be three-fold.
4. If a freeman rob the king, let him pay a forfeiture
cnine-fold.
c The principal breach of the Church's peace was violently to take
away those who fled thither for sanctuary; the king contented himself
with the satisfaction which he granted to the priest.
[Addenda.] [Among the Consuetudines Anglia;, (in fol. 79. p. 2. of the Textus
Roflensisl,) which were drawn in the reign of Henry the First, we have
these words, " In lege Cantia, Ecclesia Christi, et rex et archiepiscopus
habent similem et a; que caruui despectum quod Angli dicunt muiiJ-
brece. Et in ilia lege pecunia archiepiscopi reddetur undecies, pecunia
autem regis non reddetur nisi novies. Alius archiepiscopus, et Alius
regis de legali conjuge habent similem secularem recti tudinem in

[See below the second law of King tutes of England, p. 1, where these
"Wihtred, A.D. 696.1 dooms of King Eilielbert are printed at
t [CD Tpto is also taken by length, as in the Dissertatio Epistola-
Wilkina to mean CDynjreper j-J"*. ris, but with an English instead of a
'monasterii pax.' In the MS. Textus Latin translation.]
Roffenais there is not room for so long J [Sec Textus Roffensis, ed. T.
a word, but it may have been con- Hearne, p. 45.]
tiacted. See Ancient Laws and Insti-
A. D. 602.] KING ETHELBERT'S DOOMS ECCLESIASTICAL. 85

imiltis rebus ; hoc est in despectu, in emendatione hominis occisi, quod

dicitur manbote," &c. In English thus, " By the Kentish law, Christ's
Church and the king and the archbishop hare the same forfeiture due
to them for the violation of their protection, [which the English call Ed.
mundbrece.] And by that law, chattels stolen from the archbishop shall
be restored eleven-fold, but chattels stolen from the king but nine-fold
only. The other archbishop (viz., of York) hath in many cases the same
secular right with the king's son by his lawful wife, that is, in forfeiture
for the violation of his protection, in satisfaction for the murder of his man
which is called manbote," &c]

5. [9] . If a freeman rob a freeman, let him make three

fold satisfaction, and let the king have the mulct and all
the goods.
6. [32.] If a freeman lies with a freeman's wife, let him
submit to his dweregeld, and epurchase another woman
with his own money, and bring her to the other manf in
her stead.
d That is, the mulct for murder : therefore adultery was punished
as murder.
Women, or wives, were bought. See Law of Ethelbert, 76.
' Laet read see ham, ' to his house +.'

[76. Kij man msegb gebiseb ce- fensis is, est bam.
aepi jeceapob ry, S'F hie unjacne if, 32. Eif rjnman pib jnier manner
grj )>onne j-acne if ej bsep set ham pijr gehseiS hir pejie gelbe abuse -j
gebpenje } him man hir rcreE agejre. obep pij: hir agenum rctte begece
Si vir virginem mercatua sit, pretio i bajm obpum see bam gebpenge.
emta sit, si sine dolo factum sit. Sin Si liber homo cum liberi hominis
autem dolus subest, postea domum re- uxore cubuerit, ejus capital redimat,
ducitor et illi suum peculium reddatur. et aliam foeminam suo proprio censu
Dissertatio, Epist., p. 92.] comparet, et illi alteri adducat, vel
f [This emendation appears probable alterum ad ipsam inducat.Dissertatio
from the use of a like phrase in the Epist, p. 90. See also Wilkins' Leges
seventy-sixth law of King Ethelbert Anglo-Saxonicte, p. 4. London, A.D.
quoted in the foregoing note, but the 1721.]
undoubted reading of the Textus Rof-
 A.D. DCLXXIII.
THEODORE'S CANONS.

PREFACE .

Augustin and his five successors in the see of Canterbury

seem to have wholly employed themselves, for near seventy
years, in converting the people to Christianity, and settling
the divine worship. Upon the vacancy of the see of Canter
bury, by the death of Deus-dedit, the first native metropo
litan, Wighard, an English priest, was sent to Rome, by the
two kings of Kent and Northumberland, to be consecrated
in his stead. But soon after his arrival there he died of the
pestilence. Upon which Pope Vitalian, after having made
an offer of the archbishopric to two others, who refused it,
prevailed on Theodore to undertake the charge, though not
without the consent and desire of the two kings. Theodore was
born at Tarsus in Cilicia, and had spent the greatest part of
his life in Greece, and the east, but lived now at Rome, in
quality of a private monk, and was but sub-deacon, though
above sixty years of age, and had received the eastern ton
sure only, when he was nominated to the archbishopric.
He was received here as a public blessing by the kings
and people, and was the first archbishop, says Bede, to whom
all England submitted; and in truth the bishops of York
were not at this time metropolitans. He brought over with
him many Greek and Latin books ; erected an academy at
Canterbury, and had with him a good number of men to
teach the sciences, and the Greek and Latin tongues, beside
Adrian the abbot, first of those two that refused the arch
bishopric, who was really sent by the pope as a spy upon
[This historical preface is quoted " Egregia sunt quae vir eruditus John
at length by Wilkins, and is introduced Johnson in vol. i.legumecclesiasticarum
by the following remarks, which will ct canonum Anglice conscriptorum de
serve to shew the esteem in which vita et scriptis Theodori archicpiscopi
Johnson's labours in this collection of Cantuar. recenset. Ea prout concilio
canons, " designed chiefly for begin- Herudfordensi vel Theodori canonibus
ners in ecclesiastical antiquity," (see prefixa sunt hie adferre baud pigebit."
above, p. lv.,) were held by one who Wilkins' Concilia, vol. i. p. \1. note
published a like work for the learned. a ; see also note d, quoted below, p. 90.]
 PREFACE. 87

Theodore, lest he should introduce any of the Greek rites in

England. It is said there was no discipline in this Church
before his time : and indeed the best regulated churches
were grown very loose as to this point. Public penances
were only done in Lent, and though men were excommu
nicated for obstinacy in some scandalous crimes, yet they
were absolved within a few months after they submitted to
the Church. But auricular confession began now to suc
ceed in the room of public discipline. Theodore wrote a
penitentiary, which was to direct confessors how to conduct
themselves in hearing confessions and enjoining penance.
And they made confession to the priest necessary, not in
order to obtain his absolution, but to be informed what sort
of penance was required for every offence, and for the seve
ral degrees and circumstances of it. And the most difficult
part of the priest's office, was to know how to proportion the
private penance to the crime : and Theodore's penitentiary
was looked upou as the best rule in this particular : and he
was, in truth, one of the greatest men that ever sat in the
chair of Canterbury; but he carried it with a high hand
towards the bishops, who therefore did not overmuch affect
him. And the pope shewed his jealousy of him again, by
sending John, his precentor, to teach the English clergy, not
the Roman service, as some have imagined, (for that they
received from Augustin,) but the most approved modes of
singing it ; and to enquire into the faith of Theodore, and
the rest of the bishops. Upon which he called a synod at
Bishops-Hatfield, in Hertfordshire, (not at Hothfield, in
Kent, as some by mistake have thought,) in which they did
in ample form declare for the faith of the five first general
councils. But I am not at present concerned with this
council, because nothing was there ordained in relation to
government or discipline : yet this was a regular ecclesias
tical council, called aud holden by Theodore the archbishop,
in the year 680. So was his synod at Herudford, that is,
Hertford. And they were indeed both of them national
synods ; and in the first of them Theodore styles himself
archbishop of the island of Britain.
 A.D. DCLXXIII.
Latin Tiieodore assembled a council of bishops, and of many
Saxon. a masters of the Church, who loved and knew the canonical
Bed. Hist., statutes of the fathers. When they were met together, he
Sir l\. s. began with such a temper of mind as became a pontiff, to
rwTv-152' direct them diligently to the observance of such things as
v. i. p. 41.] concerned the unity of the Church. A copy of the act of
this synod here follows.
* Probably abbots, priors, and rectors of lesser churches, that were
skilled in the canons *.

In the name of our Lord God, and Saviour Jesus Christ,

in the perpetual reign and government of our said Lord, it
seemed good that we should come together according to the
prescription of the venerable canons, to treat of the neces
sary affairs of the Church; we are met together on this
twenty-fourth day of September, the first indiction, in a
place called Heortford. I Theodore, bishop of the church
of Canterbury, destined thereunto (unworthy as I am) by
the apostolical see, and our most reverend brother Bise,
bishop of the East Angles, together with our brother and
fellow-bishop bWilfrid, bishop of the nation of the Nor
thumbrians, who was present by his proper legates ; as also
our brethren and fellow-bishops, Putta, bishop of the castle
of the Kentish, called Rochester; Lutherius, bishop of the
West Saxons, and Winfrid, bishop of the province of the
Mercians, were present ; and when we were assembled, and
had taken our proper places, I said :
[Magistri EccJesis?, ut mihi vide- adjuvarent Constat enim ex ipsa
tur, non alii fuerunt, quam clerici doc- actione synodica, cujus tcxtuni his-
tiores et in rebus Ecclesiasticis bene torise suae Baeda inseruit, Archiepis-
instituti, qui una cum Episcopis suis copum et collegas suos integram ca-
ad synodum venerunt, quales erant nonum faciendorum potestatcm habu-
Iladrianus abbas, et Benedictus Bis- isse. Nam ante synodi decreta Theo-
cop, ambo in canonicis patrum insti- dorus primo suum nomen, deinde om-
tulis versatissimi. Hi vero ad conci- nium qui tunc adfuerunt episcoporum
lium non ideo sunt profecti, ut aucto- nomina posuit ; eorumquc solis suflra-
ritate sua decreta vel facerent vel firma- giis et consensu definita sunt omnia et
rent, sed tantum ut cpiscopos, quibus stabilita. See Smith's Bede, p. 716.
solis ecclesiasticarum legum ferenda- Appendix, N. xvii. " De Magistris
ruin jus erat, eruditione sua ct consilio Ecclesise."]
A.D. 673.] Theodore's canons. 89
b Theodore here depresses Wilfrid, bishop of York, by placing him
after Bise ; some years after he was thrust out of his bishopric, and his
diocese split into two. [There was the less reason for placing Wilfrid [Addenda.]
after Bise, because it is certain that Wilfrid was consecrated several
years before the other ; and was put into possession of the see of York in
the year 669, in which year Bise also might be consecrated to the see of
the East Angles. Bede mentions the removal of Chad from York, before HistEccl.
Putta's consecration to the see of Rochester, and Wilfrid's succeeding '>b- 'v- c-
Chad presently after Putta's consecration, and Putta's consecration is ' '
spoken of as a thing done presently after Theodore's arrival. There is no
reason to believe that Bise was consecrated before the latter end of the
year 669, or rather the beginning of 670, (compare Bede, lib. iii. 20 ; lib.
iv. 5 ;) he therefore was the junior of the three, though here placed next
to the archbishop. Lother (or Eleutherius) and Winfrid came into their
sees after the others, and are here placed in their just order. These six
were the whole episcopal college here at this time, the see of London
being vacant. Wini was expelled from the see of West Saxony, and had
purchased the bishopric of London from Wulf here, king of Mercia, who
had reduced the kingdom of the East Saxons into a state of subjection or
dependency. Wini was a singular instance of a penitent Simonist, and
therefore for the three last years of his life became a recluse in the monastery
at Winchester, and Ercunwald, it should seem, was not yet advanced to
that see. It is the more strange that Bise should have the precedence of
his senior bishops, when we observe that this was directly contrary to the
eighth canon of this very synod.]

I beseech you, most beloved brethren, for the fear and

love of our Redeemer, that we may faithfully enter into a
common treaty, for the sincere observance of whatever has
been decreed and determined by the holy and approved
fathers. I enlarged upon these, and many other things
tending to charity, and the preservation of the peace of the
church. And when I had finished my speech, I asked them
singly and in order, whether they consented to observe all
things which had been of old canonically decreed by the
fathers ? To which all our fellow-priests answered, "We are
all well agreed, readily and cheerfully to keep whatever the
canons of the holy fathers have prescribed. Whereupon I
presently produced the cbook of canons, and pointed out
ten particulars, which I had marked, as being in a more
especial manner known by me to be necessary for us, and
proposed that all would undertake diligently to observe
them, viz. :
c That is, the volume of which the second part of the Clergyman's
90 THEODOKE's CANONS. [A.D. 673.

Vade-Mecum consists, excepting the canons of Trull, and the decrees of

Gregory II. ; neither of which were yet made .
1. That we all jointly keep d Easter day on the Lord's
day after the fourteenth day of the moon in the first month.
d This canon was aimed at the Welsh and Irish, who still kept their
Easter by another rule than that which Augustin brought from Romc-f.
It is not certain what their rule was, or how tbey came by it. Constantine,
in his letter to the Churches, (Euseb. de vit. Const., lib. iii.c. 19,) declares
that the Britons, as well as other nations, observed Easter as the council
of Nice had directed. Whether the Romans or the Britons had departed
from the measures there fixed, will very well bear a dispute. The inva
sions of the northern people in the fifth century cut off the communica
tion which there had formerly been between Rome and the British
Churches : and the revolutions made by the Saracens in Egypt, in the
next century, did for a long while eclipse the patriarchs, and for a while
interrupt the succession of them at Alexandria, from whence Easter day
used to be notified to Rome, and from thence to all the Western Churches.
During these commotions, the Church of Rome had the cycles for finding
Easter, new modelled by Victorius, and Dionysius Exiguus ; and it is
probable they made some alterations, to which the Britons were strangers,
and therefore opposed Augustin when he attempted to introduce them.
It must be owned, that the Britons had not sufficient knowledge to state
their case to the best advantage ; and that their adversaries have left
sufficient proof, that they depended more on the authority of St. Peter,
and his pretended successor, than on their own reasons and arguments.
The Northumbrians, though converted by Romanists, had taken up the
British mode of keeping Easter, from three bishops, whom they had from
the monastery in the isle of Hy, (now Colmkill,) an Irish academy. Oswi,
king of Northumberland, had a conference held before him on this subject,
in the year 664, at Streons-heal, (now Whitby,) in Yorkshire, in a nunnery
erected by Hilda the present abbess: there were two Irish bishops there ;
Oilman was the principal advocate for the British Easter ; there was
a third bishop, viz., Agilbert of West Saxony, but Wilfrid the abbot was
the chief speaker on that side : Oswi, though he had formerly kept the
Irish or British Easter, gave in to the pleadings of Wilfrid, because he
was told thai Peter was the first author of the Roman Easter, and that
he was key-keeper of heaven, from which Oswi desired not to be ex
cluded. This was a colloquy, not a council, either civil or ecclesiastical;

[The Trullan canons made at paschse observationem Theodoras hie

Constantinople, A.D. 683, and the dc- iuculcat, supra memoratus vir clar.
crees of Pope Gregory II., A.D. 721, Johnsonus in collect, canon., sub Theo-
are also recognised as part of the code dori eanonibus cnarrat, totamque his-
of the English Church by the fourth of toriam controversial de certo paschatis
theLegntinecanonsatCealchylhe, A.D. die observando, breviter ac erudite com-
785. Sec Clergyman's Vade-Mecum, plectilur his verbis. "This canon was
by J. Johnson, Part. II. Preface, pp. aimed," &c. Wilkins' Concilia, vol. i
cxii. cxiii. London. A.D. 1723.] p. 42. note d. See above, p. 86.]
t [Kationem quare unanimem diei
A.D. 673.] theodokk's CANONS. 91

[ColmaD, one of those whom I call a Scotch or Irish bishop, went away un- [Addenda.]
convinced, and deserted his see of Lindisfarne, where he had sat three years,
and returned into his own country. Ceddi, the other of them, brother to
Chad mentioned before, returned to his see of London, but died soon after.]
The king pronounced sentence for himself only, and his family ; for before
this he had kept his Easter sometimes, while his queen, who was a Kentish
lady, was in her Palm Sunday ; and he passed sentence not in considera
tion of the merits of the cause, but in honour to St. Peter. The resolution
of the king was neither a law, nor a canon, therefore it could not properly
be inserted in the text. Theodore not only made this canon in behalf of
the Roman Easter, but used great industry for the observing it throughout
this island, yet the Welsh continued their old practice till about the year
800, and then Elbodeus, a bishop of their own, brought them into it.
The ancient canon to which Theodore here refers, must have been
Antioch. 1 '.
2. eThat no bishop invade the parish of another, but be
content with the government of the people committed to
him.
See Can. Apost. H2. Nic. 153. Ant. 21 *. Sard. Is.
3. f That no bishop be allowed to give any molestation to .
monasteries consecrated to God, nor to take away by violence
any thing that belongs to them.
' See Can. Calc. 24 s.
4. *That the monks themselves go not from place to place,
that is, from one monastery to another, without the abbot's
leave, but continue in that obedience which they promised at
the time of their conversion.
See Can. Calc. 4 7. 23s. N.B. Some MS. copies, and I think all the
printed copies, have here episcopi monachi ; but Petit says that three
copies have ipsi monachi ; the first mistake, probably, came from reading
ipsi, as if it had been epi, the abbreviation of episcopi *. See Petit,

1 [See Conciliorum Collectio, J. D. 7 [Ibid., torn. vii. p. 359 D.]

Mansi, torn. ii. p. 1308 D.] 8 [Ibid., torn. vii. p. 367 C.J
- [The Apostolical Canons are gene- [The absurd reading "episcopi" ad-
rally divided into 85 ; but by Cotele- mitted by Sir H. Spelman, but rejected
rius and some others into 76. Mr. by Mr. Johnson and others, is contrary
Johnson follows the latter division in to the Moore MS. and the Anglo- Saxon
the Vade-Mecum, but also gives the version of Bede by King Alfred, whose
numbers of the former. Thus the canon words are,
here quoted is the eleventh according be reojiba lr ttemunecarne leonan
to Mr. Johnson, and the fourteenth or jrope ro obpe ne or mynrCfe co
in the more common division. See obnum, nymbe ftunh learnyrre hij-
Preface to Apostolical Canons, Vade- aj;ene)-Abbuber, acthiajmnianintSien
Mecum.Partii.p. 2. Also Concil., torn. hyprumnyrre Se hi Lobe beheenn in
Lp. 32 D.] tib henpa Kelipyrrenerre.See Whe-
[Concil , torn. ii. p. 676 A.] loc's Bede, p. 273, anJ Smith's, p.
4 [Ibid., torn. ii. p. 1318 A.] 148, note. Also Wilkins' Concilia, vol.
[Ibid., torn. iii. p. 5 D.] i. p. 43.]
[Ibid., torn. vii. p. 367 D.]
92 Theodore's canons. [a. D. 673.

Thcodor. Pcenit., p. 43. See also the 66th of Ecgbrights Excerptions. Yet
there have been bishop-monks ; the Scotch, and some English bishops fre
quently lived in monasteries, for want of an habitation of their own. Bede,
in his letter to Ecgbright, complains that kings and great men were profuse
in their endowments of monasteries, but that bishops wanted houses ; and
many bishops, tired with the fatigues of government, have retired into
monasteries, and the entrance into the monastic life was called conver
sion ; but it was often a conversion from better to worse.

5. h That no clerk, leaving his own bishop, go up and down

at his own pleasure, nor be received wherever he comes,
without the commendatory letters of his bishop ; but if he be
once received, and refuse to return when he is desired so to
do, both the receiver and the received shall be laid under
an excommunication.
See Can. Ap. JS. Laod. 41, 42 10. Ant 7 II. Calc. 23 ,2. Sard. 16 .
Leo. 39 M. Afr. 105".

6. 'That strange bishops and clerks be content witb the

hospitality that is freely offered them, and let not any of
them exercise any priestly function without permission of
the bishop, in whose parish he is known to be.
' See Can. Ap. 16. Sard. 11 ". &c.

7. kThat a synod be assembled twice in the year. But be

cause many occasions may hinder this, it was jointly agreed
by all, that once in the year it be assembled, viz., on the
kalends of August, at the place called ' Cloves-hoo.
k See Can. Ap. $ 18. Nic. 5". Ant. 20 s0. Calc. 19 n. Afr. 18, 95 s.
1 Cloves-hoo is supposed to be Abbyndon in Berks, of old written
Sheafsham, perhaps for Cleofsham. See Index Nomimim Locorum, at
the end of Chronicon Saxonicum, pp. 9, 20*.

8. m That no bishop put himself before another, out of an

9 [Condi. J. D. Mansi, Canon. ' [Ibid. (32.) torn. i. p. 35 B.]

Apost. 32. torn. i. p. 35 B.] <7 [Ibid., torn. iii. p. 19 A.]
10 [Ibid., torn. ii. p. 571 B.] M [Ibid. (36.) torn. i. p. 35 E.l
" [Ibid., torn. ii. p. 1311 B.] [Ibid., torn. ii. p. 669 D.l
12 [Ibid., torn. vii. p. 367 C.J = [Ibid., torn. ii. p. 1326 B.]
13 [Ibid., torn. iii. p. 17 E.] [Ibid., torn. vii. p. 365 D.l
" [Ibid., torn. v. p. 1283 D.] [Ibid., ton), iii. p. 719 C, and 779
15 [Ibid., torn. iii. p. 807 C] D.]
[See also Smith's Bede, p. 148, note 3.]
A. D. G73.] THEODORE S CANONS. 93
affectation of precedence, but that every one observe the time
and order of his consecration.
See Can. Afr. 86 .

9. " We had a conference together concerning increasing

the number of bishops, in proportion to the number of the
faithful. "But we determine nothing as to this point at
present.
That synods did of old create new parishes, (that is dioceses,) may be
seen, Can. Afr. 53, 56, 9S2*. The sixth canon of Sardica25 seems to leave it
to the primate, and his comprovincial bishops, to erect parishes, and ordain
bishops in them*, for they could not be thought to lay obligations on any,
but them and the people, when they forbid bishoprics to be constituted in
small cities. It is certain, there was at this time great occasion for more
bishops in this nation ; when, so far as appears, there were but as many
bishops as there were kingdoms, save that Kent had always two ; and so
had the East Angles, when Bise grew infirm, and after his death ; as like
wise the Northumbrians, upon the expulsion of Wilfrid.
The following sentence is not in the Saxonic t- And some say, in this
council the bishopric of the Mercians, that is, Lichfield, was divided into

23 [Concil., torn. iii. p. 785 A.] 803 B.]

24 [Ibid., torn. iii. p. 711 D, 747 D, 55 [Ibid., torn. iii. p. 9 D.J
[This is rather the drift of the above sentence in Bede will bear a
98th canon of the African code, A.D. meaning somewhat different from that
418, which is most to the purpose of expressed in Mr. Johnson's translation,
the canons above quoted, and is thus and quite consistent with the historical
translated by Mr. .Johnson, " That peo facts to which he refers in note o.
ple who never had a peculiar bishop, be We have here not a formal canon, but
not permitted to have one, but by the rather a preamble for a canon, and an
consent of the provincial synod, the earnest of something more, and may
primate, and the bishop to whose dio thus translate the sentence. " The
cese the Church belongs." Clergy ninth head considered among us, is
man's Vade-Mecum, Partii. p. 204.] that according to the increase in the
f [" Nonum capitulum in commune number of the faithful, more bishops
tractatum est, ut pluresepiscopi, cres- should be added, but concerning this
cente numero fidelium, augerentur, scil matter for the present we kept silence."
dehac re ad prasens siluiinus." Hist. Theodore and his councillors were
Eccl., lib. iv. c. 5. Smith's Bede, p. 149. agreed that, in virtue of the authority
be ny^eba capicul pmr Sem8e"lice vested in them by the ancient canons,
armeab, -p re peaxenbum Bam pime and in consideration of the wants of
Jjelearrumpa. ma bifoeopa astyere the English Church at that time, they
ptepon. King Alfred's translation, ought to increase the number of bi
Smith's Bede, p. 573. The words shops, but in so grave a matter could
" Sed de hac re ad prcesens siluiinus," not readily mature a plan in all its de
according to the best manuscripts and tails, so as to be able to publish it to
editions, are given by Bede as the gether with their other nine canons.
words of Theodore, and must therefore See Smith's Bede, p. 149, and the note
be allowed to be genuine, though not there given by that learned editor, on
translated by King Alfred, who some the disobedience of Winfrid, and his
times omits words and sentences which consequent deposition by Theodore,
cannot be suspected to be spurious, as A. D. 675 i also Wilkins' Concilia,
in this chapter the two paragraphs vol. i. p. 43.]
which follow the tenth canon. The
 94 THEODORE'3 CANONS. [A.D. 673.

five, viz., Lichfield, Lege-Chester, (that is, West- Chester, I suppose, not
Leicester,) Hereford, Worcester, and Lindsey. Others suppose Hereford
to have been founded some time before, and that the division of the Mer
cian see was into Lichfield, Worcester, Chester, Sidna-Chester, and Dor
chester. It is agreed that some such division was now made, or soon after :
and that Winfrid, who was consecrated bishop of Lichfield, by Theodore,
was also deprived by him for opposing this attempt. But our history here
is very dark ; and the succession of the first bishops of Rome is not more
Ed. involved than is [the succession of] those of Lichfield.

10. As to matrimony, that none be allowed to any but

what is lawful. p Let none commit incest, i Let no one re
linquish his own wife, but for fornication, as the Gospel
teaches. But if any man divorce a wife, to whom he has
been lawfully married, let him not be coupled to another, but
remain as he is, or be reconciled to his wife, if he will be a
right good Christian.
See Can. Neoc. 2 Basil. 67, 68, 75, 79 *.
' See Can. Ap. Hj28. Basil. 77M. Yet by Theodore's Penitential, published
by Petit, the innocent party is permitted to marry again ; and he that has
been married but once is allowed the same liberty; and so is the woman
after two years. Nay, if the husband forfeits his liberty for any crime, the
wife being a free woman is allowed to take another man*. A man may dare
say, that that Penitential was a work of some great man in this age, if it
were not Theodore's. Perhaps there he speaks of what may be done with
out direct sin, here of what best becomes a Christian ; which may be im
plied in these words, 'Si recte Christianas esse voluerit;' which I turn,' If
he will be a right good Christian.'
After we had jointly treated upon, and determined these

" [Concil. J. D. Mansi, torn. ii. p. [Canon.,Apost.(47.)ibid., torn. i.

539 D.] p.39B.] '
* [lbid.,tom.iii.p. 1213 E, 1215 E, [Ibid., torn. iii. p. 1217 B.1
1217 C] ^ J

* [" Si cujus uxor fornicate merit, tamen non estcanonicum: sin tamenin
licet dimittere earn et aliara accipere ; secundo erat non licet tertio vivente
hoc est si vir dimiserit uxorem suam viro vel uxore. Maritus si ipse seipsum
propter fornicationem, si prima fuerit in furto aut fornicatione servum facit,
uxor, licitum est ut aliam accipiat vel quocunque peccato, mulier si prius'
uxorem : ilia vero si voluerit pcenitere non habuit conjugium, habet potest..
suapeccata, post duos annos alium ac- tern post annum alterum accipere vi-
cipiat virum. Mulieri non licet viruin rum. Diaconi autem relicta; non licet
dimittere, licet sit fornicator: Basilius Muliere mortua, licet viro post men-
hoc judicavit. Legitimum conjugium sem alteram accipere. Mortuo viro
non licet separare sine consensu am- post annum licet mulieri alterum tol-
b orum, potest tamen alter alteri licen- lere virum."Theodori Pcenit. ed. J.
tiamdareaccedereadservitutemDeiin Petit, c. xi. p. 10. Compare Ancient
monasterio, et sibi nubere, si in primo Laws and Institutes of England, c. xix.
conjugio erat secundum Graecos; et p. 285.]
A. D. 673.] Theodore's canons. 95

points, to the intent that no scandalous contention should be

raised henceforth by any of us, r or that there should be no
mistake in the publication of them, it seemed proper that
every one of us should confirm them by the subscription of his
own hand, according as they had been determined. I dic
tated this definitive sentence of ours, to be written by Titillus
the notary. Done in the month and indiction above written.
' Lat. 'aut alia pro aliis divulgarentur.' Sir H. Spelmanhas pro; for pro.

Whosoever, therefore, shall attempt to oppose and infringe

this sentence, confirmed by our consent, and the subscription
of our hands as agreeable to the decrees of the canons, let him
know, that he is forbid every function of a priest, and all
society with us. May the Divine grace preserve you safe in
the unity of His Church, so long as you live.
This synod was holden in the year 673, from the incarna
tion of our Lord, in which year Ecgbert, king of the Kentish,
dying in the month of July, was succeeded by his brother
Lothere.
 A. D. DCLXXIX.

PREFACE TO THE ROMAN SYNOD CONCERNING

BRITISH AFFAIRS.

It is evident not only from the ninth canon of the fore

going council, but from the whole tenor of Theodore's admi
nistration, that one main point which he aimed at was,
the increasing the number of English bishoprics. Pope
Gregory's model was, to have two archbishops, one at
London, (after Augustin's decease,) the other at York, with
twelve suffragans to each*. And no judicious Christian can
think this an excessive number. But Gregory designed this
scheme on express condition that Augustin should send a
bishop to York, and that the city and countries thereunto
belonging received the word of God. Paulinus was ordained
bishop of the Northumbrians by Justus, Augustin's third
successor, in 625, and had his see at York, and received the
pall from Rome, though he never had one suffragan bishop
under him. For though during King Edwin's reign Chris
tianity gained ground, yet a stop was put to the progress
of it by his death, in 633, through the apostacy of his suc
cessors : whereupon Paulinus deserted his see and retired
to Rochester, and lived and died bishop of that see. Yet
within two years after, through the encouragement of pious
King Oswald, religion began again to lift up its head and
recover strength. Aidan, Finan, and Colman employed
their study and labours successively, for near thirty years
one after the other, for the conversion of the Northumbrians,
and had each of them the whole kingdom for their diocese;
their see was not York, but Lindisfarne, a small island, or
rather a great rock, near the shore of Northumberland.
They were all three of the British or Irish communion,
and therefore received no pall from Rome, and would scarce
[Bede, Hist. Eccl., lib. i. c. 29. See below, p. 112, note.]
 PREPACK. 97

have accepted it, if it had been sent them. Chad, who suc
ceeded Colman, (after the short presidency of Tuda,) carried
on the good work of settling Christianity in this kingdom,
for three or four years, and his see was York. But Theodore
removed Chad, because but one of those who consecrated him
was of the Romish communion. Yet to finish the conversion
of the Northumbrians he put Wilfrid into the see of York,
who was entirely a Romanist, though English born, and a
man of most persuasive oratory ; and he was designed bishop
of York before Chad ; but staying too long in France,
whither he went for consecration, Chad was advanced to
that see before his return.
Now, if ever, it was time to divide this immense diocese,
when Wilfrid had spent ten years in settling Christianity
there : therefore in the year 678 Theodore calls a synod, and
divided it into two. Wilfrid for opposing this partition was
deposed, if not degraded ; and King Ecgfrid thrusts him out
of his see. Hereupon Theodore consecrates Bosa to the see
of York, Eata to that of Lindisfarne. (Some say, I know
not on what grounds, that Eata was consecrated to Hex
ham, Lindisfarne reserved for Wilfrid, if he would accept it.)
Ecgfrid had lately won Lindsey, if not the whole (present)
county of Lincoln, from the Mercians. This new conquest
was erected into a diocese, and Eadhed was consecrated
bishop of it at the same time that Bosa and Eata were con
secrated to the two Northumbrian dioceses. It seems Wil
frid, thinking his former diocese too narrow, claimed Lindsey
as an appurtenance accruing to it by the right of conquest.
And therefore he made complaint against Theodore, as
having obtruded three bishops upon the see of which he was
the only just possessor. He could procure no redress at home,
for the king and court of Northumbria had a perfect aver
sion to him. Both Theodore and Wilfrid took care to have
their cases stated to the best advantage, and laid before the
pope, who had great influence here in these ages. But Wil
frid being more distrustful of his cause than the other, and
knowing that every man of sense is the best solicitor iu his
own business, embarks for Rome, but was carried, by con
trary winds, to Frisia, and spent the winter there in preaching
98 PREFACE.

to that barbarous people*. He did not leave his new con

verts very early next spring, and had a difficult and long
journey from thence to Rome ; and therefore did not arrive
there till it was late in the next year, viz. 679.
In the mean time, probably before Wilfrid's arrival, Pope
Agatho, upon information of these stirs in England, calls a
synod, or rather an extraordinary consistory; so I call it,
because the greatest part of them who sat in it, were proba
bly no other than the incumbents of the more considerable
titles, or parish churches in the city of Rome. For these
were the pope's standing counsellors in this age, and were
called cardinal-priests or deacons. Those now called cardin
als were first established in the tenth, or eleventh century.
The seventeen bishops who were added to these priests, made
it an extraordinary consistory. It is not certain, whether
these bishops were called to Rome on this particular oc
casion; or had been summoned thither before, to assist at
the great council, which was to be held there, against the
Monothelites. They were all, I think, of the suburbicary pro
vinces, and were therefore to attend upon all extraordinary
occasions at Rome; but yet they might first be drawn
thither at this time upon the greater occasion of condemn
ing the Monothelites. And because other bishops were not
arrived in sufficient numbers to open the great council, the
pope might, in the mean time, employ them in examining
and determining the British cause.
* [The country here mentioned is ejectus a patria, dilectus in Frisia.
Frisia or Fresiaoccidentalis, the north- Continuo igitur ad predicationem
eastern province of Holland, still called ejus Adagilsus Rex gentilem tumorem
Friesland, to which Wilfrid would be infiexus, faciliorem in cseteros predica-
naturally carried by a west wind from tionis viam aperuit. Hunc ad necem
Northumbria. See Atlas, Blaeu. Am- vel expulsionem viri Dei Ebroinus
sterdam, A.D. 1667. vol. i. p. xvii. and epistolis cum tentasset aurum immen-
vol. iv. p. 87. sum poliicitus, irritus fuit. Chartam
At Wilfridus, cujus prudentiam enim audiente Wilfrido, ct epulante in
hostilium consiliorum machine non triclinio lectam Adagilsus projecit in
laterent, levi Favonio provectus in al- ignem, dicens : ' Sic ardeat, qui pac
tum, proras in Eurum obvertit, ut turn cum amico initum pro auri cupi-
Frisiam navigaret j exceptusque a ditate dissolvit-' Jamque se verna
rege et populo honorifice, ibidem hye- temperies etc.W. Malmesb. de gest.
mem, quae imminebat, exegit. Com- Pont., lib. iii. p. 262. See below, p.
mercium miserandum, ut inter bar- 101, note.]
baros tutius quam inter suos viveret,
 A.D. DCLXXIX.

THE ROMAN COUNCIL ABOUT BRITISH AFFAIRS.

In the name of the Lord our Saviour Jesus Christ, in the Latin.
reign of our most pious lords, the august Constantine the voi. i. p. *
Great, the "twenty sixth year of his empire, the tenth after J5:.,,
his consulship, the twenty second of the new Augusti, Hera- vol. i. p. '
clius and Tiberius his brethren, the seventh indiction, the45'-'
month of October. Agatho, the most holy and blessed apo
stolical, buniversal pope of the holy Catholic Church of God
in the city of Rome presiding, the sacred Gospels being
placed in open view, in the c royal palace of our Saviour the
Lord Jesus Christ, called Constantiniana, together with the
glorious and most holy bishops, who were co-assessors and
cognusors with him, dCrescens of Vibo-Valentia, in Calabria,
Andrew of Ostia, 'Juvenal of Albanum, gMaurice of Tibur,
hJohn of Faleronia, 'Benedict of Messana, kTheodosius of
Syracuse, 'Deusdedit of Narnia, mPaul of Namentum, "John
of Porto, "Deodatus of Nepe, pVitus of Sylva Candida,
iGaudiosus of Signia, 'George of Agrigentum, "Placidius of
Veletrse, 'George of Catana, "Deodatus of Tusculum; and
the venerable priests, Boniface, Peter, Juvenal, Theodosius,
George, Theodorus, Sergius, Theodorus, Sisinnius, Theo
doras, Augustus, Benedict, Paul, Tribunus, Coronus, Peter,
John, Sisinnius, Epiphanius, Sisinnius, Decorus, Soleuncius,
Theopictus, Martin, Sisinnius, George, Sisinnius, John,
Habitus, Probinus, John, Martin, Peter, Eutichius, and
Sergius, the deacons beloved of God, and all the clergy
standing by.
Constantine Pogonatus had reigned fourteen years together with his
father Constans, and eleven years since his death, and so was now entered
into the twenty-sixth year of his reign.
b Within ten years after the death of Pope Gregory the Great, who de
clared his brother John of Constantinople to have been guilty of Anti-
christianism, in taking on himself the title of universal bishop, his succes
sor Boniface accepted the primacy of all churches, which implies the title
of universal bishop, from the usurper Phocas. And Boniface dearly
g2
100 THE ROMAN COUNCIL [A. D. 679.

earned this title from him, by countenancing hiin in the murder of his
lord and master Mauricius, and usurping of his throne.
c Lat. basilica, the temple.
d Never any synod, or consistory, met with a more ignorant transcriber
of its acts, than he was who wrote the copy published by Sir H. Spelman.
My reader will easily see that it had been impossible for me to have
spelled out the names, and especially the sees of these bishops, if I had
not found them in the subscriptions of the one hundred and twenty-five
bishops, who sat the next year in a great council at Rome, which are
extant in the fourth action of the synod of Constantinople in Trullo*.
For instance, the name of the first bishop in these acts, as published by
Sir H. Spelman, is thus expressed in his edition, viz., Crescente Ecclesia?
Vinonensis, Phoberio. But in the subscriptions to the great council, hi
the thirty-eighth place, we have this same bishop thus subscribing, viz.,
KpeVjjs Bi/Sttifos i-Kapxiai KaAaffptas. The Latin (though it was the
original) is here too corrupted, viz., Orestes Vibonis, See.
e Andrew of Ostia subscribes in the next place, after the pope in the
great council : and the bishop of that see being near to Rome, was always
esteemed the pope's prime counsellor ; however, Crescens had the upper
hand of him here ; I am apt to think it was through the error of this blun
dering copier. See Art. 2. of the council itself.
' Juvenal of Albanum subscribes in the twenty-third place to the
great council.
* Mauricius of Tibur subscribes that council in the forty -ninth place.
h In Sir H. Spelman's copy, Johannes Falaritauo. In the subscriptions
to the great council, it is in the one hundred and ninth place, and written
Johannes Ecclesiae Salernitanse ; as if he had been bishop of Salernum.
But Biniusf supposes it ought to be Falernitans, and the Greek is *aKaps.
' Benedict of Messana subscribes iu the fortieth place to the great
council.
k Theodosius of Syracuse in the thirty-ninth place.
i Deusdedit of Narnia in the one hundred and twelfth place.
m Sir II. Spelman's copy has here, Paulo Cognomento, without any sense.
But the twenty-fifth subscription to the great council is, Paulus Nomen-
tanae Ecclesii.
In Sir H. Spelman, Joanne Turtuense, unintelligible : but the twenty-
sixth subscription of the great council is JoannesPortuensis Ecclesia?.

* [The synod here mentioned is in council that met in the same place,
collections of councils reckoned the and from pretending to be supplemen-
sixth ecumenical, and the third at tary to the fifth and sixth general
Constantinople; it met A. D. 680, in a councils was called Quini-sextine. See
" trullus" or domed chamber of the Vade-Mecum, Part ii. p. 26+. Con-
palace, and its fourth action consisted cil. Mansi.tom. xi. pp.297 316,9221).
in reading the Utters of l'ope Aga- Mr. Johnson's numbers do not quite
tho and the great council that had tally with the subscriptions as given
been held the same year at Koine by Din i us or Harduinus, or in later
against the Monothelites, but it made collections, but are sufficiently near to
no canons. Those called Trullan make further reference unnecessary. ]
canons were sent forth by a later f [Binii Concilia, torn. iii. p. 2+.]
A. D. 679] ABOUT BRITISH AFFAIRS. 101

and ' These two subscriptions are confounded in Sir H. Spelman thus,
Theodato Neperi, Novita Sylva Candida: the reading is thus to here-
stored, viz., Deodato Nepesino, Vito Sylva? Candida;, accordingly the
one hundred and eighth subscription to the great council is in Greek
AcoScCtos TTJs 'ZxKKriatas Nnrtaiyjit : in the Latin, Theodorus (a name
of the same signification) Ecclesijn Nepesinas: and in the twenty-fourth
subscription Vitus Sylva; Candidas.
i Gaudiosus of Signia subscribes to the great council in the eighty-
sixth place. "
' George of Agrigentum in the forty-sixth place.
* The twenty-second subscription to the great council is B.trbatus
Veliternensis Ecclesia;,but in Greek nXn'xrior, &c. This brings it nearer
to Sir II. Spelman's copy.
1 The forty-fourth subscription to the great council is JulianusCata-
nensis. Here it is Georgio Catinensa. I am inclined to think, that the
name of the fifteenth bishop was Placentius, or Placidias, and perhaps these
two names were esteemed the same, because they were equivalent in sig
nification. But both the Greek and Latin give him of Cntana the name
of Julianus: therefore either here is another blunder of our scribe, or
else it may be said, that George was bishop of Catana in the year 679, but
died before the council was opened in the year 680, and Julian was his
successor.
" I can discover no one bishop of Tullum (so it is in Sir H. Spelman,
Deodato Tullense) nor of Tusculum, as I have ventured to correct it in
the subscriptions before cited. We are not to wonder, that one among
seventeen was present at this consistory, that was not present at the great
council, death, sickness, or a thousand other accidents might intervene.
However, it is more probable that his see was at the suburbicary Tusculum,
than at Toul in Luxemburgh, (for all the rest were Italians or Sicilians,)
and he might die or return home before the great council*.

[Wilkin, who adopts most of Mr. Gallia Christiana, torn. xiii. pp. 958,
Johnson's emendations, in the above 96+. Paris. A.D. 1785. ConciL, lorn,
list of names and titles retains Deo- xi. p. 300 B.
dato Tullense, and with reason. Tul- Jamque se verna temperies aperiebat
lum, now Toul, in the department in flores,cumWilfridusitincrere-incepto
Meurthe of France, became a bishop's ad Dagobertum regem transrhenanorum
sec about A.D. 3.50. Deodntus, or Adeo- Francoruni veniu Is non immemor,
datus, who is reckoned the eighteenth of quod eum quondam factione magna-
the '* Episcopi Tullenses," was sent, turn pulsum, et de Hybernia ad se
A.D. 679, by Dagobert Il.kingof Aus venientem hospitio receperit, et equis
trasia as a companion to Wilfrid of sociisque adjutum patriae remiserit,
York, when thrust out of his episcopal benigne habuit, multisque precibus
charge and on his way to Rome to fatigavit ut provinciam remanentia
plead his cause before the pope. He sua dignaretur episcopatum Strate-
signed with the other bishops next burgensem accipiens. Cum ille ro-
before Wilfrid at the great council at ganteni ad reditum suum de Roma
Rome, A.D. 680, in these words, distulisset, cum Deodato episcopo
" Adeodattis humilis episcopus sanctce suo ire laxavit. W. Malmesb. De
ecclesiae Leucorum, legattis venerabilis gestis Pont. Angl., lib. iii. p. 262.
synodi per Galliaruin provincias con- Mansi follows Spelman in the list of
stitnts, in hanc suggestionem, quam names, but adds in a note emendations
pro apostolica nostra fide unanimiter from Wilkins. See Concil. Mansi,
construximns, similiter subscripsi." torn. xi. p. 179.]
102 THE ROMAN COUNCIL [A.D. 679.

The reader will not think I hare taken this pains purely to discover the
true lections of this council : no, it was my intent by this means to prore
that those acts are genuine. None of the monkish forgers could by chance,
or even by their craft, find fourteen true names of contemporary bishops
for so many Italian sees in ages past These fourteen bishops' names thus
adjusted are fourteen good arguments for the truth of this matter of fact,
viz., that such a synod or consistory was at this time kept at Rome, and
that these bishops sat in it ; especially when the date carries such a just
coincidence of the indiction, and the year of the emperor's reign.
1. Agatho the most holy and blessed pontiff, &c. (as be
fore) said to his co-assessors, I know you cannot be ignorant
for what reason I have called you, ray brethren, to this vene
rable convention, viz., because I desire your sincerity to
examine and treat with me concerning the state of the
Church in the island of Britain, where by the grace of God
the multitude of believers are greatly increased, there a dis
sension is lately raised ; whereas the harmony of the faith is
one only ; which [faith] they received by the preaching and
instruction of this apostolical see, it being begun and regu
lated by our blessed memorable predecessor St. Gregory, and
by St. Augustin and his companions.
2. The most reverend bishops 'Andrew and John answered
in the presence of all, saying, It is evident to all, that the
Churches situate in the island of Britain do much want "pon-
tificial succour; especially because of the dissension there be
tween the most holy archbishop Theodore, and other prelates
of that same province, which the apostolical authority only is
able, with the help of God, to assuage, and to remove the fuel
of dissension, while it takes away the occasion of scandal and
prunes off superfluities, and cures by spiritual medicines, such
things as are agreed to be done there, hurtful to Christian
polity.
" Here Andrew of Ostia speaks next to the pope. See note e above.
* Lat. pontificialu succttsu. I read, pontificiali succursu *.

3. "Agatho the most holy, &c. (as before) said, It appears

that you, my brethren, are agreed that it is suitable to
equity, that things be brought to an issue : for whatever
[decrees] do still subsist, our predecessors by unanimous
agreement, have long since provided and ordained ; that is,
the blessed Gregory the First, pontiff of this apostolical see,
* [Ex Johnsonio edoctus it* lego. Willins.]
A.D. 679.] ABOUT BRITISH AFFAIRS. 103

and the apostolical summity of all * Saxony, and his succes

sors the apostolical pontiffs down even to our times. And we
have before this provided and ordained, that those statutes
which have been long since established by synodal decrees,
by the blessed Peter, prince of the Apostles, be immutably
and inviolably kept for ever, by all the prelates of the Churches
of Christ, where they are constituted.
' Of all papal speeches and acts that I have seen, Agatho's come behind
none in flatness, incoherence, and obscurity. There is little to be learned
from him, but that he was much disposed to display and magnify his own
supposed authority. And h is bench of bishops were of a piece with him
And probably the transcriber has done his share by confounding and trans
posing what was before dark and harsh.
It is not often that England passes under the name of Saxony as here
it does.
It seems probable that some paragraphs are here wanting : for the fol
lowing definition one would think could not have been made, especially
not by two bishops only, without some previous debate concerning an
addition to be made to the English dioceses, beyond what had been yet
done by Theodore.

4. Cresceus, bishop of the Church of Vibo, and Juvenal,

bishop of the holy Church of Albanum, said, Therefore the
whole synod giving a regular definition, is agreed, as to these
points, with the most holy and blessed pontiff Agatho. And
if the enemy of mankind is always endeavouring to sow
tares among the good seed, "care is to be taken of him.
Among the faithful in the island of Britain, he has endea
voured to excite Churches, and prelates of Churches against
each other. But the supernal clemency permits not its
faithful people always to be tempted, but gives advice, that
they who consult and are consulted, embrace each the other,
[and] both be saved. Therefore all points being considered
and debated, both what we know by the relation of such as
come hither, and what could be collected from the divers
written reports that have been sent to the apostolical see,
upon a very solicitous enquiry we have resolved, with common
consent, to publish this definitive sentence : we determine
then, and ordain, by the authority of the blessed Peter,
prince of the Apostles, to whom the Creator and Saviour of
mankind, the Lord Jesus Christ the Son of God, gave the
keys of binding and loosing in heaven and earth, that every
 104 THE ROMAN COUNCIL [A. D. 679.

kingdom constituted in the island of Britain have bishops of

their provinces so placed, in proportion to their dominion,
that all the prelates of the Churches, together with the arch
bishop, may be c twelve in number. Let the archbishop, who
for the time being is honoured with the pall by this aposto
lical see, promote and canonically ordain them to the sacer
dotal honour ; and let them be subject to his ordering only ;
with this express condition, that none of the bishops presume
to meddle with the rights of another prelate ; but that every
one preserve his own rights untouched, and study to instruct
and convert the people.
* Dele qua.
b I read, cavendus est, not et cavendis ; and delete hoc est.
c Whatever division was made in, or soon after, the council of Herudford,
it is certain that bishops were not yet put into those new dioceses in the
kingdom of Mercia, nor till many years after this. It is certain that
Sexulf of Lichfield was the sole bishop in Mercia at this time, unless you
will reckon Lindsey to be in Mercia, though conquered by the king of
Northumberland, and there indeed Eadhed was bishop. When the second
article of this council mentions a dissension between Theodore and other
prelates ; the words strictly taken do imply, that some other bishops, or
one at least beside Wilfrid, resented Theodore's proceedings. And it is not
improbable, that Sexulf, though promoted by Theodore, as well as Wilfrid,
was displeased at Eadhed's being put into a diocese dismembered from his ;
especially because he knew that Theodore meditated still a subdivision of
this great Mercian diocese. It is certain that Hedde of Winchester could
not dislike Theodore's management, because his see was privileged from
any partition during his life, on account of his merit in translating the
body of Byrinus from Dorchester to Winchester, together with his see, by
papal authority. Rudburu, in his Historia major, Wintoniensis, (lib. ii. c.
23*,) cites the second decree of Theodore to this purpose. If we had the rest
of those decrees, they would give us great light into this matter. If we
compute the number of the English bishops at present, they were as follows,
one at Canterbury, a second at Rochester, a third at London, a fourth at
Winchester, a fifth and sixth at Elmham and Dummoc, a seventh at Lich
field, an eighth and ninth at York and Lindisfarne. If Eadhed was re
moved from Lindsey by this time, (as we are sure he was, when the king of
Mercia recovered that country from the Northumbrians, which was now or
soon after,) yet he presided at Ripon, though whether as bishop or abbot is
not so certain. However, Hereford was erected into a bishopric about this
time ; so that we may depend upon the number ten ; therefore but two
more were necessary to make up the complement here prescribed by the
pope and consistory. Accordingly Theodore, three years after the deposition
of Wilfrid, consecrated Trumberht to Hexham, and Trumwin for the diocese
[Anglia Sacra, H. Wharton, vol. i. p. 193.]
 A. D. 679.] ABOUT BRITISH AFFAIRS. 105

of the Picts,lhe see whereof was afterwards fixed at Wittern, Bede, Hist. Eccl.,
lib. iv. c. 12. It ought particularly to be observed, that this article is
wholly in favour of Theodore's proceedings. It is so far from condemning
him for increasing the number of dioceses, that it enjoins more bishops still
to be created ; and instead of blaming him for filling the sees by his own
authority, it declares the power of filling sees, when vacant, to be in him.
And it ought to be remarked, that the kings of Mercia were the principal
adversaries and obstructors to Theodore, and his designs of increasing the
number of bishops. When Theodore deposed Winfrid for not submitting
to a partition of his diocese, and put Sexulf in his stead, the diocese was
still kept undivided : this must have been through King Ethelred's oppo
sition : and again, the same king put Wilfrid into a diocese in Mercia,
when he was ejected from York. For though this king was against the
division of the Mercian diocese when proposed by Theodore, yet he did it of
his own accord, when he thought it would be disobligiug to the archbishop
of Canterbury, Brihtwald, Theodore's successor. For it was the metropo-
litical power of the see of Canterbury, that these Mercian kings could not
relish : therefore when Wilfrid was deposed from his Mercian see, Ethelred
and his successor Kenred, would permit no bishop to supply his place. But
Hedda was sole bishop of the Mercian see and kingdom, as Sexulf had
been before.

5. We also ordain and decree, that bishops, and all whoso

ever profess the religious life of the ecclesiastical order, do
not use weapons, nor keep musicians of the female sex*, nor
any d musical concerts whatsoever, nor do allow of any buf
fooneries or plays in their presence. For the discipline of
the holy Church permits not her faithful priests to use any
of these things, but charges them to be employed in divine
offices, in making provisions for the poor, and for the benefit
of the Church: especially f let lessons out of the divine
oracles be always read, for the edification of the Churches,
that the minds of the hearers may be fed with the divine
word, even at the very time of their bodily repast.
[Citharcedas.] mints at meal time and in preference
f [" Magisque," "and rather." The to them, a lesson should always be
translation seems here to miss the read, in order that the souls of the
point of the original. To have music hearers might be refreshed together
and singing, buffooneries and plays at with their bodily refreshments. This
feasts and even on ordinary days at rule was carefully observed in monas-
the principal meal, is a practice which tcries, and in the refectory or hall was
has prevailed more or less generally a desk from which the anagnostes or
in all ages, and within due bounds may reader performed his office at the
have been thought allowable for the bidding of the prior. See Isaiah v.
laity, but to ecclesiastics such amuse- 12; Amos vi. 5. Antiquities of the
ments were strictly forbidden, and for English, J. Strutt, vol. iii. pp. 107,
them it was ordered that "rather," 146. English Monasteries, Fox, p. 170.]
that is, instead of all profane amuae-
106 THE ROMAN COUNCIL [A. D. 679.

d Lilt. symphonia, but syntax requires an accusative case. I would

read, symphoniaca, or symphoniacas, women to perform their parts in a
concert.

6. Agatho the most holy, &c, (as before) said, If it might

be thought provident and seasonable, by "your brotherly
charity, it must also be decreed much for the soul's health of
the people there, that enquiry be made concerning the [ob
servance of the] ecclesiastical statutes, and the f situation of
the bishops, and their approbation of the catholic faith, in
what manner, and how orthodoxly it is kept and held by
all, in the provinces of Saxony.
' Vestrts, not Vestri.
' Lat. De serie epucoporwm. Series often redounds in ancient writings,
but here it may signify the distance of the bishops and sees from each
other. See Art. 4.

7. Andrew and John, the most reverend bishops of the

Churches of Ostia and Porta, said, It is certainly what is
enjoined your holiness, as by the sentence of the Apostles.
[s Therefore] let this decretal order be directed from hence
thither, in a letter, by a prudent, proper, well learned man,
to Theodore the most reverend and holy archbishop of the
Kentish men, who belongs to the holy Church of God our
Saviour, (in which He that redeemed the Church with His
own blood, our Lord Jesus Christ, founded the h sacerdotal
primacy in those parts, in building and settling it by the
authority of the blessed Peter, prince of the Apostles, and by
your predecessor Gregory of blessed memory, and by St.
Augustine his 'syncellite,) that the said Theodore may, by
your sacred authority, and by consent of our synod, assemble
a general council, and cause a public, k universal synod of
all prelates, kings, princes, and all the faithful seniors and
elders of all Saxony : and do you charge them by authority
of your apostleship, with a diligent scrutiny, to make en
quiry before all, and that they do all observe not only 'these
orders aforesaid, but whatever else your holiness enjoins
by your messengers, or by your letters. For what is man
aged by the consent of many can give no offence to them
who have consented to it. This proposal pleased the whole
synod, together with the most holy and blessed apostolical
 A. D. 679.] ABOUT BRITI8H AFFAIRS. 107

pontiff Agatho. And they all began unanimously to enquire

after, and by the guidance of Christ they found the man,
the venerable John, precentor of the Church of St. Peter the
Apostle, and abbot of the monastery of the blessed Martin,
who was sent at the command of Agatho, from Rome to
Britain.
* A full stop at Centura.
k Lat. mcerdotii pr'nxxipatam. If there he any thing clear in the acts of
this council, it is this, that Gregory, hy St. Augustin, settled an arch
bishopric at Canterbury. And this is said at Rome, by those who kept
the registries of all the proceedings of former popes, or had them within
their reach to consult upon all occasions : it was said within less than
eighty years after this settlement must have been made. By Pope Gre
gory's first provision, (Bede, lib. i. c. 2!),) Canterbury was to have the
primacy during Augustin's life only. The perpetual settlement of the pri
macy at Canterbury was therefore made in the declining part of Augustin's
life, probably the year before he died, viz., 603, at the soonest*.
1 Deputy, or surrogate. See Sir H. Spelman, Gloss. Sincellusf.
k (Ecurnenicam.
1 Read has prcedictas.

8. We ordain and decree, by "this provident and notable

instruction of the canons to bring profit, as to the stewards
of the Church, so also to the people committed to them,
whom the divine clemency hath brought to the knowledge of
itself. And we judge it to be for their soul's health, that by
the great numbers of neighbouring bishops, who take care
to briug [each] his own parish to the study of perfect religion,
[The truth of this conjecture is subjici praecipimus omnes ecclesias
clearly shewn by the following words Anglia? et regiones, ct in civitate
in a letter from Pope Honorius to Dorovernia metropolitanus locus et
Honorius archbishop of Canterbury, honor archiepiscopatus, et caput om-
A.D. 634. " Interea tu;e seilis aucto- nium ecclesiarum Anglorum popu-
ritaiem nostra auctoritatis privilegio lorum semper in posterum servetur, et
firmari postulasti. Nos vero absque a nulla persona per aliquam malum
ulladilatione gratuitoanimoanuuentes, suasionem in alium locum mutetur."
quia rectum est ut qua; semelstatuta at- Ex cod. Cott. Faust, B. 6. fol. 91b.
que disposita a predecessoribus nostris Concilia, Wilkins, vol. i. p. 35. .See
cngnovhmis, hoc ipsum et nos confir- below, p. 112, note.]
memus. Eorum itaque vestigia asse- f [Sincellus. Epist. Leonis Papse ad
quentes jnxta ritum prisciE consuetu- Kenulphum Regem Merciorum apud
dinis, qu;e a temporibus sanctae recor- Malmes., lib. i. de gest. Regum, c. 5.
dationis Augustini prasdecessoris ves- " In sacro scrinio nostro reperimus,
tri nunc usque tua ecclesia detinnit, sanctum Gregorium praedecessorem
ex auctoritate beati Petri apostoloruin nostrum in 'integro ipsam parochiam
principis primatum omnium eccle- numero duodecim beato Augustino sin-
siarum Britannia tibi, Honori, tuisque cello suo archiepiscopo tradidisse et
successoribus in perpetuum obtinere confirmaRse episcopos consecrando."
concedimus. Tuse ergo jurisdiction! II. Spelmanni Glossarium, p. .516.]
108 THE ROMAN COUNCIL [A. D. 679.

the pimps of heretical pravity may find no room to deceive

the simple, and to disseminate their schisms and errors,
forasmuch as they are daily cut down and made to fall by
the scythe of pious doctrine ; and all things are wholesomely
deliberated and ordered ("so as strongly to prevail) by the
counsel of many bishops assembling with the archbishop.
For where many counsellors are, there is safety : and so,
where two or three are assembled in the name of the Lord,
there is He in the midst of them ; much more where many
are unanimously gathered together to confess His name, and
to glory in His praise.
m Hoc, not hoc. This is one of the vainest decrees that ever passed in
a Roman synod. To ordain that the canonical means used by them shall
destroy schisms and heresies, is just as wise as if u commission of sewers
should, in sober sadness, resolve and decree, that the walls and banks
raised by their direction shall shut out the sea and keep it at a distance
from the terra firma.
n Here add ut. After eonvenientium dele aim.

9. Moreover, Agatho, the most holy &c, (as before) deli

vered also to the aforesaid religious abbot John the synod
of the blessed Pope Martin, subscribed by one hundred and
five bishops, not long before at "Rome, that when he went
into Britain, he might carry it with him to the Archbishop
Theodore, not only as a testimony and confirmation of his
legateship; but also that Theodore the archbishop might
Precommend that, whatever it were, which he with the wise,
faithful, and religious men in the provinces of the English,
could find conducive to the profit of the Churches of Christ,
and of all the people of God that dwell there; or to the
religion of Christ, to be corroborated and transcribed by the
authority aforesaid.
Romae, not Remis. The council at Rome under Pope Martin in the
year 648, or rather !), is clearly the council here meant. It contains four
pages in Sir H. Spelman's first volume, beginning at page 171.
' I read recommendaret, not daverat.

It may seem strange that Pope Agatho should not charge

his legate, John, to let Theodore know that he accepted
of his excuse for not attending the approaching synod at
Rome, which the popish writers say was his age and infirmi
A. D. 679.] ABOUT BRITISH AFFAIRS. 109

ties, though he lived ten years after this, almost eleven : nay,
which is more strange, there is no hint given that he did
ever at all expect him. If he ever had any hopes of seeing
him at Rome, he had certainly now given it over; else he
would have desired him to hasten his journey, at least so
soon as the English synod had concluded their business.
In this pope's synodical letter, written to the emperor, as
before has been said, an excuse is made for the tardiness
he had been guilty of in sending this synodical letter no
sooner, viz., because he had long expected Theodore, arch
bishop of Canterbury, to join with him in the synod which
he assembled at Rome : and this letter was written the
year after that John was sent to England. The synod
of one hundred and twenty-five bishops held at Rome, was
assembled on purpose to collect the sentiments of the western
Churches in relation to the heresy of the Monothelites : and
in Agatho's letter now mentioned, the belief of the west
ern bishops is reported to the emperor by the pope, and
subscribed not only by Agatho, but the hundred and
twenty-five bishops, of which Wilfrid is one. Our English
writers commonly say, that Pope Agatho in that letter
declares, that he hoped to have Theodore's company to the
council held that year (viz., 680) in Trullo at Constanti
nople ; but I do not find that the pope in his letter gives
the least intimation of his own design to go to Constanti
nople, much less of bringing Theodore thither with him :
nor are the words cited by our writers the same with those
used in the letter itself*. The council at which Theodore
was expected was that held at Rome; and of his being
invited thither there is not one word mentioned in the
instructions here ordered to be given to John the precentor.

["Przetereasatisfaciendum estnostro rum confamulum atque coepiscopum

exiguo famulatui apurt serenissimorum nostrum, magna; insula; Uritannia;
dominorum nostrorum clementiam, pro atehiepiscupum ct philosophum, cum
tarditate missarum ex concilio nostro aliis qui ibidem usque hactcnus demo-
personarum, quns dirigi per suam au- rantur, exinde ad nostram humilitatem
gustissimam sncram, vestrum piissi- conjungere, atque diversos hujus con-
mum fastigium jussit. I'rimum qui- cilii episcopos in diversis rugionibus
detu, quod numerosa multitudo nos- constitutor, ut a generalitate totiuscon-
trorum usque ad oceani regiones ex- cilii servilis nostra relatio fieret, lie si
tenditur, cujus itineris longinquitas in tantum pars, quod agebatur, cogno-
multi temporii cursum protelatur. Spe- secret, partem lateret." Concil. J. 1).
rcbamus deinde de Britannia Thccdo- Mansi, torn. xi. p. 293, i li.j
110 ROMAN COUNCIL ABOUT BRITISH AFFAIRS. [A.D. 679.

The truth I take to be this, Agatho supposed that Theodore

would take a journey to Rome in order to vindicate his own
proceedings against Wilfrid; and if he had come, intended
to have given him a place in the great synod; but Theodore
not distrusting the justice of his cause, saw no occasion to
take so long a voyage to answer Wilfrid's cavils : and then
he was sure of the king and court of Northumberland. The
pope might delay his synod upon an apprehension that
Theodore would come to Rome ; but when either by letters
from him, or by some other means, he understood that he
was not like to see him at Rome, he sends his legate to
know the sentiment of him and the whole college of English
bishops ; and in a few months after celebrates his Roman
synod. And in obedience to the pope's command a synod
was called here, at Hatfield, by the archbishop, in September,
680, at which all the English bishops are said to have been
present, though their names are not particularly expressed ;
and they declare their adherence to the five first general
councils, and to that held by Pope Martin and one hundred
and five bishops at Rome, in the year 648 or 9 ; a copy of
which council Pope Agatho sent by John ; and there can
be no doubt but Agatho would have sent a copy of his own
council too, if that had been held before John was dispatched
toward England. N.B. This was John the precentor who
taught the Roman use in the north. See the General
Preface *.
[p. xvi.]
 A.D. DCLXXX.

PREFACE TO THE COUNCIL AT ROME IN FAVOUR OF

WILFRID.

Notwithstanding what had been done at Rome the

former year, Wilfrid's personal appearance wrought a great
alteration in the opinions of the pope and the court bishops.
Wilfrid had formerly been a student at Rome : archdeacon
Boniface taught him the four gospels and the Ecclesiastical
Computus, and such things, says Bede, which he could not be
taught in England, though Bede himself learned them in
England not long after, and learned much more probably
than Wilfrid ever did, and to such perfection, that the pope
earnestly desired his assistance in deciding some knotty
points ; therefore I know not what it was Wilfrid learned
at Rome, which he might not as well have learned here,
unless it were the art of soliciting his cause, and securing
his own interest there. And he was an able man this
way. For as his diocese was enormously large, so Bede, who
lived and flourished at this time, tells us, that every one, in
the most remote parts of the diocese, paid a certain yearly
sum to the bishop, though he never came near them. This
he says in his letter to Ecgbriht, published by Sir James
Ware*. It was Wilfrid's wealth and splendid way of living,
that first provoked the envy of the Northumbrian court
against him. Whatever arguments they were that he made
use of, they were so strong that the pope and his courtiers
could not wholly resist them ; and though they could not
for shame wholly acquit him, yet they shewed their good
inclinations toward him, by mitigating the sentence, so far
as it was in their power to do it. They were indeed bound
in gratitude to countenance him so far as possible; for he
[Alio in Smith's Bede, p. 307.]
112 PREFACE.

had been very serviceable to the Roman interest, by labour

ing to introduce all the modes of that Church, and particu
larly in relation to the keeping of Easter ; as appears espe
cially by the couference at Streons-heal ; and this was a
point which the pope and his friends had much at heart in
those times.
There is one thing in the dispute between Theodore and
Wilfrid which well deserves our reflection; I mean, that
there is no hint given us that the latter did ever allege the
right of his see to a metropolitical power. This was what
Gregory settled upon the see of York, and what the first
possessor of that see, Paulinus, actually enjoyed : and by this
settlement Wilfrid had been in all respects upon the level
with Theodore, excepting barely the point of precedence :
and upon this scheme Theodore could no more have deposed
Wilfrid, than Wilfrid Theodore*. Nor can there be any
other reason assigned, as I conceive, why Wilfrid did not
insist upon the privilege of his see, and sue to Rome for his
pall, but this, that he knew that Gregory's settlement of the
[The following is the letter of quern tamen tuae fraternitatis volumus
Pope Gregory in which he details his disposition! subjacere : post obitum
plan for the bishoprics in England. vero tuum ita episcopis quos ordinave-
" Reverentissimo et sanctissimo fra- rit praesit, ut Lundoniensis episcopi
tri Augustino coepiscopo Gregorius uullo modo ditioni subjaceat. Sit vero
servus servorum Dei. Cum certum inter Lundoniae et Eburacae civitatis
sit pro omnipotente Deo laborantibus episcopos in posterum honoris ista dis-
ineffabilia aeterni regni prcemia reser- tinctio, ut ipse prior habeatur qui prius
vari ; nobis tamen eis necesse est hono- fuerit ordinatus: conmiuni autemcon-
runi beneficia tribuere, ut in spiritalis silio et concordi actione quaeque sunt
operis studio ex remuneratione valeant pro Christi zelo agenda ; disponant
multiplicius insudare. Et quia nova unanimiter, recte sentiant, et ea quae
Anglorum Ecclesia ad omnipotcntis senserint, non sibimet discrepando per-
Dei gratiam eodein Domino largiente, ficiant. Tua vero fraternitas non solum
et te laborante p?rducta est, usum eos episcopos quos ordinaverit, neque
tibi pallii in ea ad sola missarum sol- hos tantummodo qui per Eburacae
lemnia agenda concedimus : ita ut per episcopum fuerint ordinati, sed etiam
loca singula duodecim episcopos ordines om lies Brittaniie sacerdotes habeat Deo
qui tuae subjaceant ditioni, quatenus Domino nostro Jesu Christo auctore
Lundoniensis civitatis cpiscopus sem subjectos; quntenus ex lingua et vita
per in posterum a synodo propria debcat tuae stmctitatis, et recte ciedendi et
consecrari, atque honoris pallium ab bene vivendi forinam percipiant, atque
hue sancta et apostolica, cui Deo auc oificium suuiii fide ac moribus ex se-
tore deservio, sede percipiat. Ad quentes, ad ccelestia cum Doininus
Eboracam vero civitateni te volumus voluerit, regna pertingant. Deus te
episcopum mittere, quern ipse judica- incolumcm custodiat, reverentissime
vcris onlinare ; ita duntaxat, ut si frater. Data die decima Kalendarum
eadem civitas cum finitimis locis ver- Juliarum, imperante Domino nostro
bum Dei receperit, ipse quoque duo Mauricio Tiberio piissimo Augusto
decim episcopos ordinet, et metro anno decimo nono, post consulatum
politan honore perfruatur ; quia ei ejusdem domini anno decimo octavo,
quoque si vita conies fuerit, pallium indictione quarts." Bede, Hist. Eccl.,
tribuere Domino favente disponimus lib. i. c. 29.]
 PREFACE. 113

primacy at York had been cancelled, and that the primacy

of all Britain was in Theodore. That there should be but
twelve bishops in England, instead of twenty-six designed by
Gregory, seems wholly to be the project of Agatho the pre
sent pope, and the synod next above. But that the see
of the southern archbishop should be at Canterbury, not
at London, and that his primacy should extend over all
Britain*, contrary in both respects to Gregory's plan, ought
to be imputed to some more ancient provision made by the
pope. And that the southern primacy should continue at
Canterbury must have been resolved upon or before the death
of Augustin ; if it had not, Laurence had been archbishop of
London, not of Canterbury. And it is scarce to be con
ceived that this could have been done, according to the
notions of this age, without the pope's concurrence. I know
some impute it to the will and affection of the princes and
people, who would have the primacy remain at Canterbury
in honour to Augustin, their apostle. But if the pope had
not approved and confirmed their resolutions, Laurence
could never have obtained the pall: yet the primacy of
Canterbury was not extended, probably, to all Britain, till
Theodore obtained this of Vitalian. Bede, lib. iv. c. 2,
expressly says, that he was the first archbishop to whom all
the Church of the English submitted ; yet, in truth, the arch
bishop of Canterbury was the only primate from the year
633, when Paulinus retreated from York to Rochester.
Aidan, Finan, and Colman, who next succeeded, contented
themselves with the see of Lindisfarne, and were of the
British or Irish communion, and so neither desired the pall,
nor if they had could they have obtained it. Tuda and Chad
were men averse to all the elegancies, I had almost said,
conveniences of life, much more to the affectation of grandeur
and precedence, as the others likewise were. But Wilfrid
was not only a perfect Romanist, in other respects, but also
in his ' fastus,' and therefore would certainly have endeavoured
to get the pall, and might have claimed it according to the
["This was settled for ever upon the Cone. Magn. Brit, vol. i. p. 35. And
see of Canterhury by Pope Honorius, the same privilege was confirmed to
A.D. 634. The letter is in the Cotton Theodore himself by Pope Vitalian I.
Library, Faust. B. 6. fol. 94 f, and See Cone. Magn. Brit, vol. i. p. 41."
since Mr. Johnson's death printed in MS.Wrangham. Seeabove, p.l07,note.]
JOHNSON. it
114 PREFACE.

provision made by Gregory, and would have done it if he

had not known that other and contrary decrees had been
passed at Rome. And Pope Agatho and his synod declare
that this was done by Gregory in the seventh article of the
foregoing acts : therefore Wilfrid himself was content to be
a suffragan to Theodore for ten years, and on all occasions
professes obedience to him, excepting in the disputed point
of the partition of his diocese.
Sir H. Spelman supposes the foregoing and following
synod to have been the same ; but I am so far from being of
this opinion that I look upon them as contradictory to each
other; and have here inserted them as a plain instance of
Romish infallibility's opposition to itself. If, as is proba
ble, the bishops and others that sat in both assemblies were
the same, this self-opposition is still more gross and shame
ful, and is a clear proof of Wilfrid's dexterity in manage
ment, by which he prevailed with above fifty men, in a few
months' time, to unsay what they had decreed before : and
it can hardly in the nature of things be supposed, that he
could effect this without a considerable length of time. But
from what hath been said before, it is evident that the bishops
who assisted the pope in his former consultation concerning
the British affairs, were still at Rome, attending the great
council against the Monothelites, which was now actually at
work, as appears by the sixth article of the following synod,
or rather the appendix or postscript to it. And my reader
will not, from my calling it a synod in compliance with
others, conclude that it was strictly such. If Pope Agatho
had intended that Wilfrid should be heard in a synod pro
perly so called, he would have proposed the matter to the
one hundred and twenty-five bishops now with him, to con
demn the Monothelites. But so great a number could not
so easily be brought into the pope's and Wilfrid's measures.
It was, as the former, strictly speaking, only an extraordinary
consistory. As the principal speakers were the same in both
assemblies, so there is room to suppose that the rest were so
too, or however, that they were such as belonged to the sub-
urbicary sees, of whom the Pope had plenty now with him ;
the great synod having before this actually begun their
sessions ; therefore we must suppose, that the pope held this
consistory upon a non-synodical day.
 A.D. DCLXXX.
THE SYNOD AT ROME CONCERNING WILFRID.

The most holy Pope Agatlio assembled a "council of fifty Latin.

bishops and abbots in the royal palace of our Saviour, called |lr ,H-
Constantiniana, the manner whereof here follows* : vol.i. p.'
1. Agatho, the most holy and blessed bishop of the catholic fwiikins
and apostolical city of Rome, said to his co-assessors, " I be- vo1- > P-
lieve you cannot be ignorant for what reason I have called you,
my brethren, to meet in this venerable convention. I desire
your reverences to take cognizance of, and treat with me of
the dissension lately raised in the Church of the island of
Britain, (where, by the grace of God, believers are grown
into a great multitude,) which is related to us by such as
come hither, and by written letters." Andrew and John, the
most reverend bishops of Ostia and Porto said, " The order
ing of all Churches depends on your apostolical authority,
who are the deputy of the blessed Apostle St. Peter. We also,
with the bishops our co-assessors, at your command lately
read over the several writings, which they that have been
sent hither from the island of Britain, have brought into
your apostolical presence ; as well those from the person of
the most reverend Archbishop [Theodore,] (who was sent
thither from hence by the apostolical see,) as the reports of
others against a certain bishop, who (as they express it) is
upon the subterfuge : as also such as have been offered by
Wilfrid, beloved of God, bishop of the holy Church of b York,
who being ejected from his see, by the aforenamed most holy
[Theodore,] is come hither. Whereas they have inserted
many disputable points in these [writings,] and we do not
find that he hath been convicted of any crimes committed
[William of Malmesbury, whose by Mr. Johnson, gives the history of
account of this council is quoted by Wilfrid at length, DeGestis Pontifieum
Sir H. Spelman, and here translated Anglorum, lib. hi. p. 259.]
h2
116 THE ROMAN COUNCIL [A. D. 680.

against the perspicacious provision of the canons ; and his

accusers, even hy their own words, have not shewed that he
has done any thing so criminal, as to deserve degradation ;
nay, we rather know that he hath contained himself within
the bounds of modesty; because he has not engaged him
self in any seditious animosities ; but being expelled from his
see, the said Bishop Wilfrid, beloved of God, flies hither to
the apostolical see, to notify the fact, as it deserves, to his
fellow-bishops.' '
* The historian supposed the priests specified in the acts of the former
consistory to have been abbots ; but, as I there observed, they were prob
ably no other than the cardinal priests or incumbents of the city churches,
who were the pope's standing counsellors. And I have given sufficient
reasons to shew, that this was no proper council, or synod, but only an ex
traordinary consistory.
6 The generality of writers call Wilfrid bishop of York, and so he was
originally, I conceive, beyond all doubt ; but he never was restored to this
see, but forced to be eontent with Hexham, (then Hagulstade,) which
makes some suppose him first put into that see*.

2. The most holy and blessed bishop of the Church

Catholic, and the apostolical city of Rome, said to his co-
assessors, " Let Wilfrid, bishop of the holy Church of York,
beloved of God, who, as we are told, stands at the door
of our venerable consistory, be admitted, according to his
request, together with his petition, which he is said to bring
with him." As Bishop Wilfrid, beloved of God, entered into
the consistory, he said, " I intreat your pontifical beatitude,
that ye would command the petition of your humble servant
to be received, and read in your presence." The most holy
Bishop Agatho said, " Let the petition of Bishop Wilfrid,
beloved of God, be received, and read before all." And John
the notary took and read it to the holy apostolical council.

[William of Malmesbury states Wilfridus 5 aimis, expulsis Johanne de

that Wilfrid was restored to the see Haugustaldo, et Bosa de Eboraco.
of York, though only for a time. Post 5 annos Wilfrido iterum ab Alfri-
" Expulso primitus (ut dictum est) do expulso, illi sedibus suis restituti
Wilfrido, qui totius Northanimbrorum sunt. Defuncto vero Alfrido, Wilfridus
regionis erat episcopus, duo pro eo in concordiam receptus sedem apud
constituti sunt: Haugustaldumhabuit, Johanne in Ebo
la Eboraco Bosa. In Haugustald racuin migrante, quia jam Bosa de-
Eta. Defunctoque Eta, Johannes or- functus erat" De gestis Pontif. Angl.,
dinatus pro eo. Tempore veio Al- lib. iii. p. 269.]
fridi regis rediit in Episcopatum totum
A. D. 680.] ABOUT BRITISH AFFAIRS. 117

3. " I, Wilfrid, an unworthy bishop of Saxony, have con

ducted myself (God preventing me) to this eminent apostolic
place, as to a fortified strong castle, because I know canoni
cal regulations are derived from hence to all Churches of
Christ ; therefore I do with confidence ask for justice. For
I doubt not but your pontifical eminence, as well by the
secret information of your humble servant, as by what I
have personally offered in your apostolical presence, viva
voce, at my first arrival, knows that certain men, the invaders
of my bishopric, without convicting me of any 'fault, contrary
to the canons, have attempted to usurp my see (which I
had holden ten years and more) in a convention of the most
holy Theodore, archbishop of Canterbury, and other prelates
assembled with him. And three bishops are promoted to
dmy see, though their promotion be not canonical. But it
becomes me to pass over in silence, rather than to demand,
what is the matter that the most holy Archbishop Theodore
should ordain three bishops, myself living, to my see, (which
I, though unworthy, officiated ,) and that 'without consent1 [dipen-
of any bishop, your humble servant not acquiescing; to pass 8abam-]
it over in silence, I say, out of reverence to that man, whom
I dare not accuse, as having been sent [to Britain] by the
eminent apostolical see. But if it appear that I, being
expelled from my long enjoyed see, against the rite of regu
lar sanctions, without any such crime as canonical severity
strikes at, have yet been troublesome to no man, but with
drew myself, after having first made my protest to my fellow-
servants and fellow-priests, the bishops of that province.
If your apostolical eminence judge that I am [justly] de
prived, I cheerfully enbrace the determination with a devout
humility. But if [ye decree] that I should receive again my
long enjoyed bishopric, I am forthwith in pursuit of it, and
with all my might venerate the sentence passed by the apo
stolical see, only [praying] that the invaders be expelled from
the old parishes of the Church over which I your unworthy
servant presided. And if it be thought fit that bishops be
anew added in that parish, over which I presided, let your
command be that such bishops at least be promoted, as that
I may unanimously serve God with them by means of the
prevalence of a calm and sedate unity," &c.
118 THE ROMAN COUNCIL [A. D. 680.

c It is strange he should think it no fault to oppose his confessed pri

mate and college of English bishops in so reasonable a decree as that
which was made for the partition of his diocese ; in which too they acted
with the approbation of the king of Northumberland.
d It is certain that Liudsey, or the county of Lincoln, was originally no
part of his see ; and yet he could not truly say, that three bishops
were thrust into his see, unless he had reckoned Eadhed of Liudsey
for one.
c It is evident that a synod of bishops consented to the partition of his
diocese, so Wilfrid himself confesses, though he minces the matter by say
ing they attempted to do it in a convention, &c. King Ealdfrid speaks
out, and says, Wilfrid had twice been condemned in two synods, (Spelman,
vol. i. p. 203,) now by Theodore, afterwards by Brihtwald. It is probable
indeed, that after Wilfrid's see was vacated and divided into two, in synod,
Theodore filled both by his own authority : and it is observable, that the
foregoing synod at Rome (article the fourth) does expressly allow this
power of filling vacant sees to the archbishop of Canterbury.

4. Agatho, the most holy and blessed bishop of the holy

Catholic Church of the city of Rome, said, " The petition
which Bishop Wilfrid, beloved of God, hath offered, gives no
small satisfaction to the hearers, on this account, that whereas
he conceived himself undeservedly ejected from his episcopal
see, he made no resistance by contumacy and secular force,
but with an humble sentiment requested the help of our
'principal, blessed Peter, the prince of the Apostles, profess
ing that he would submit to whatever was determined, like
an humble suppliant waiting for what our principal, the
blessed Apostle Peter, (whose place we officiate,) should think
fit to be ordained by our mouth."

' The pope here is willing to have it thought, that this and such like
disputes were to be decided by his own single authority, and Wilfrid, who
perfectly knew the arts of address in this court, in his petition seems to
apply to the pope only ; but the two bishops who speak in the first article,
express themselves in such a manner, as to shew their opinion, that Wilfrid
sought redress from the bishops now assembled, as well as from the pope :
and sentence is passed in the fifth article in the name of the whole synod,
or consistory.

5. The whole sacred synod definitively pronounced thus,

among other particulars, "We ordain and decree that Bishop
Wilfrid, beloved of God, do take the bishopric, which he
lately had : Sand let such bishops as he shall choose, with the
A.D. 680.] ABOUT BRITISH AFFAIRS. 119

consent of a synod there to be assembled, when they have

first been ordained by the most holy archbishop, be promoted
to be his adjutors, after the expulsion of those who in his
absence have irregularly been put into possession of his
bishopric," with an et catera, in which they lay those who
receive not these decrees under an Mnterdict.
i Let the reader judge whether this article do not in part contradict the
fourth article of the preceding synod: for there the archbishop has the
sole power given him of supplying vacant sees, which were to be eleven,
beside that of Canterbury. Here they mention no certain number, but
leave it to a synod here in England to accept or refuse such Northumbrian
bishops as Wilfrid, not Theodore, should name, and make the bishops, not
diocesans, but rather ' chorepiscopi' to Wilfrid ; the consecration only being
left to the archbishop. However the reader may here see the modesty of
Pope Agatho and his bishops, in that they do not absolutely and peremp
torily define the cause, but leave it to an English synod to conclude the
affair. I call this modesty, in comparison to the arbitrary positive proceed
ings of popes in after ages. So when Wilfrid was a second time deposed in
synod, and had again run to Rome for succour, John the Sixth, then pope,
after many and long debates, remits the cause to be determined by a synod
in England, charging the kings of Mercia and Northumberland to see that
it were called ; and declaring, that if they did not by this means bring
matters to an issue, he would see the cause finally determined by a greater
synod at Rome, which yet he never did. The truth is, Theodore paid so
little deference to the pope, that he would not call the synod as Pope Agatho
had enjoined him. And Brihtwald was so regardless of the see of Rome,
that he would not send his advocates or solicitors thither to answer
Wilfrid ; of both which particulars Pope John complains in his letters,
which he sent by express messengers or legates, by whom Brihtwald was
at last terrified into a compliance, and Wilfrid was restored in synod to
the see of Hexham only, and died four or five years after in perfect peace.
We are nowhere I think expressly told for what crime Wilfrid was deposed
a second time. I take the cause to have been his taking a bishopric in
Mercia, by the assignment of the king only, without Archbishop Brihtwald's
leave : the king of Northumberland had banished him from his proper see,
and he took possession of another in an uncanonical manner ; for which
he was first excommunicated, then deposed. But he was restored to his
Northumbrian diocese only, not his Mercian ; yet he had some monasteries
in the kingdom of Mercia yielded up to him, he being the founder
of them.
b Here the historian uses the language of his own age *, not of the
seventh century. Interdict was a censure now unknown. John the Sixth
in the decree which he sent to the kings of Mercia and Northumberland,
in favour of Wilfrid after his second deposition and expulsion, (written
about the year 704,) charges that Archbishop Brihtwald call an English
[William of Malmcsbury died A.D. 11*3.]
120 THE ROMAN COUNCIL [A. D. 680.

synod in order to bring this dispute to an issue ; the punishment with

which he threatens the bishops in case they absented themselves from this
synod was deposition, so that they should not be treated as bishops either
here in England, or at Rome. I am inclined to think that the crime being
the same (if I may call it a crime) the punishment was the same too.

6. The bishop elevated with these decrees, was also com

manded by the pope to take his place among the one
hundred and fifty holy bishops who were then engaged in the
council, against those who declared for one only operation in
the two natures of our Lord Jesus Christ. Afterward resolv
ing to return, he escaped all dangers through God's protec
tion, and arrived in his own country : and obtaining access
to the king, though not without difficulty, he shewed him
the sealed decrees of the apostolic [pope] . He, when he had
first caused them to be read to the bishops of his own faction,
who were then in the room with him, was so void of rever
ence toward the Roman see, that he committed the blessed
pontiff to a certain reeve to be put into gaol, after he had
first stript him of whatever he had, and sent his attendants
some one way, some another.
i Here is a mistake in the numbers; the Roman synod consisted of
one hundred and twenty-five bishops only. And Wilfrid's name stands
among them in the following form, " I, Wilfrid, humble bishop of the
holy Church of York, in the island of Britain, legate of the venerable synod
constituted in Britain, do consent and subscribe to this report synodically
made by us (Synod vi. act 4. in Trullo *). If this subscription be genuine,
it will call Wilfrid's sincerity into question. For Wilfrid was so far from
being a legate from Theodore, and the other bishops in England at this
time, that he was not in communion with them. The popish writers to
cover this, say, that Wilfrid being absolved at Rome, Theodore was
reconciled to him; but neithe r was Wilfrid absolved, nor was Theodore
reconciled to him, as appears from what hath been said before. Bede says
nothing of his being a legate ; but only that the pope called him to the
council, and seeing him sit there, commanded him to declare the faith of
himself, and of the province or island from which he came ; and when he
and they were found to be catholic in their faith, this entry was made in
the acts of the synod, viz., " Wilfrid, beloved of God, bishop of the city of
York, bringing his cause to the apostolical see by appeal, and being by
authority thereof absolved from all things, certain or uncertain," (which is
more than was strictly true,) " and seated among the other one hundred
and twenty-five bishops, that had definitive voices in synod, did also confess
the catholic faith for all the north part of Britain, and the isles of Ireland,
Concil., torn, xl p. 306.
A. D. 680.] ABOUT BRITISH AFFAIRS. 121

inhabited by the nations of the English, British, Scots, and Picts ; and
confirmed it with his subscription." Lib. v. c. 20. N. B. By the synod [Hist
constituted in Britain, we are to understand the archbishop and his Eccl.,
comprovincial bishops, which is a way of speaking not uncommon in *"* '*
this age.
I have not room left me to relate at large how Wilfrid, [Post-
being not admitted to any share of his former diocese, went
and preached Christianity among the South Saxons, and
became the first bishop of Seolsey *, how afterwards he con
verted the inhabitants of the Isle of Wight, and ingratiated
with the court of West Saxony, and at last had a see granted
him by the king of Mercia. But after having passed many
years in an unwilling absence from the diocese of York,
Theodore, when he was no longer Theodore, in the eighty-
seventh year of his age, when he felt death approaching,
relented, and wrote to the young king of Northumbria in
his behalf: the king paid greater deference to Theodore's
letter than his father did to the pope's, and restored him to
some part of his former diocese, but he was again deposed
in a synod by Brihtwald, Theodore's successor in the see of
Canterbury, and again went to Rome, and after being heard
in a synod (in seventy-four synods, say some, held within
the space of four months) he obtained pope John the Sixth's
letters in his behalf: and though Brihtwald was willing to
have called a synod, as the pope directed, and to have deter
mined the cause, yet the king peremptorily declared against
it. For he did not think fit to receive a man to communion
who had been twice condemned by an English synod : yet
the king too in his last sickness relented, as some of his
court afterwards attested, and Wilfrid at last died, after he
had been bishop forty-five years, in possession of one part of
his quondam diocese, and was buried in his monastery of
Rippon : and they made a kind of saint of him. Archbishop
Odo is said to have removed his bones to Canterbury, but his
northern devotees affirmed, that they had his relics, and
that the carcase, which Odo translated to Canterbury, was
that of Wilfrid the Second.
[The monastery of Selesey, (i. e. episcopal scat was transferred thence
Seals' Isle) in Sussex, was founded to Chichester by Bishop Stigand, A. D.
by St. Wilfrid, A.D. 681 : Eadbercht 1075. See Bede, Hist. Eccl., lib. iv.
abbot there was consecrated bishop of c. 13. Not. Mon. Bp. Tanner. God-
the South Saxons, A.D. 711, and the win de Preesul., pp. 499, 654.]
122 THE ROMAN COUNCIL [A. D. 680.

Upon the whole it appears that Wilfrid was a prelate

inflamed with a zeal for propagating Christianity, that led
a life free from gross immoralities, and was probably as
popular as any bishop ever was, both with great and small,
in the three kingdoms of Mercia, West Saxony, and South
Saxony ; and his character might have been without blemish
if either he himself had been a metropolitan, or if he had
not lived under such disciplinarian primates as Theodore and
Brihtwald. But he was impatient of a superior, yet it is
evident that envy died with him. And he had honours paid
him not only in his own country, but in all parts of England,
and even by the successors of these two primates, who were
most severe upon him while he was alive. And the monks
of Peterburgh and nuns of Ely contended which should do
him most honour, for procuring their papal privileges and
immunities. In one particular Wilfrid has been more lucky
than most men of his character, for he has all the historians
on his side. Bede considered him as his former bishop, and
used so much tenderness ioward him as not to mention his
opposing the partition of his diocese, or to take notice of his
being deposed by Theodore, but seems to attribute his depri
vation wholly to the secular force of King Ecgfrid *. Heddius
was his deacon, and treats him with such respect as was due
from one of that order to his bishop f. Malmesbury very
much favoured him, but has said enough to justify Theodore
and Brihtwald. It is to be lamented that Theodore and
Brihtwald had no coevous historian to set matters in a full
light.
Having made mention of Pope John the Sixth's letter, I
thought fit to give it my reader entire. Sir H. Spelman
gives it us twice ; and in the first place, p. 1 79, gives it the
date of 685, and ascribes it to John V., who was then pope :
but the letter is in both places the same, though the latter
is the best copy, viz., that in p. 204, and there it is ascribed
to John VII. But whereas he dates it 705, this is somewhat
too late, not only because King Ealfrid, one of those to whom
it was written, died this year, but because Ethelred, the other
king to whom it was directed, went to Rome and was shorn
[Hist. Eccl., lib. v. c. 19.] Ben., torn. v. pp. 631679. Seeabore,
t [Vita S. Wilfridi, Ep. Ebor. auc- p. xvii. note c.J
tore Eddio Stephano, apud Mabill. Act.
A.D. 680.] ABOUT BRITISH AFFAIRS. 123

monk there the year before this, therefore I judge it to be

John's the Sixth, who sat from 701 to 705. This letter I
give my reader only as appendage to the foregoing decrees
concerning this affair : and therefore do not alter the date on
the running title, lest I should make a ' hysteron proteron'
in the series of my memorials.
" To the most eminent lords, Ethelred, king of the Mercians, Latin.
and Ealdfrid, king of the Deirans and Bernicians, Pope John, speiman,
We rejoice at your religious improvements, through God's v'- ' pp-
co-operating grace, while we discern in you a fervour of wilkim,
the faith, which ye received and effectually retain from the Tjk'- p-
preaching of the prince of the Apostles, God illuminating
your minds : and we wish that your farther improvement
may enlarge our joy. But an irreconcilable dissension of
some affects our soul ; and we must reform it, that we may
be found observers, not transgressors, of the apostolical pre
cepts. For long since under Pope Agatho of apostolical
memory, when Bishop Wilfrid had appeiiled to this see in
his own cause, and accusers came hither, being sent by
Theodore, archbishop of the holy Church of the Kentish
people, (who was commanded thither from hence,) and from
k Hilda the abbess of religious memory, bishops assembled
here from divers parts, did regularly examine and determine
the affair, and the successors of the said pontiff our prede
cessors did persist in that same sentence. And neither is
Theodore known to have opposed it: for he never after
wards ordered any farther impeachments [of Wilfrid] hither.
Now also the accusations of them, who came from Britain
hither to oppose Wilfrid, and his defence of himself, have
by our procurement been debated for several days, in a con
vention of most reverend bishops, such as were found here,
both with relation to former and later letters, as also to what
hath been offered by word of mouth from the parties, while
yet the principal persons, concerning whom the dispute first
arose, have not here made their personal appearance, without
which the dispute cannot be brought to an issue. There
fore we admonish our brother archbishop Brihtwald that he
assemble a synod together with Wilfrid, and there convene
mBosa, and John, and hear the pleadings of the parties, and
consider what each side can make good against the other.
 124 THE ROMAN COUNCIL ABOUT BRITISH AFFAIRS. [A. D. 680.

And if the affair can be determined in that synod, it will be

pleasing to us ; but if not, let him monish them to come to
the apostolical see, that what could not be determined before
may be decided in a greater synod. But let him know that
whoever does not appear through contempt, renders him
self liable to deposition, he being no longer to be taken for
a bishop, either here or there. Let your royal sublimity
cause a convention, that what we have providently intended
through Christ's assistance may come to good effect. But
whoever, of what quality soever, with an audacious temerity
stands in contempt, shall not escape "punishment from God,
and being bound in heaven shall not be indemnified."

1 Hilda was of the blood royal, and had a monastery of men, as well as
women. Five bishops had their education in it. She had a great reputa
tion for knowledge in civil, as well as religious matters, she was one of
them who incensed King Ecgfrid against Wilfrid ; one occasion of her
aversion to him was her zeal for the British Easter. She died about the
time of his first return from Rome, A.D. 680.
1 That is, the agents or solicitors on both sides.
m These were both of them monks taken from Hilda's monastery, Bosa
was put into the see of York, on Wilfrid's first deposition, John into the
see of Hagustalde, or Hexham, upon Eate's death ; and afterwards into
the see of York, during Wilfrid's life. This seems a violent presumptive
that our best as well as wisest men here in England esteemed Wilfrid's
deposition to be just; otherwise John (afterwards S.John of Beverley)
would never have accepted two sees in Wilfrid's former diocese, especially
not his capital see of York, while Wilfrid was yet alive, and either in the
Mercian see or that of Hexham. Bede reports many miracles done by this
Bishop John, lib. v. c. 2, Sec.
[Addenda.] [It is observable that Cuthbert, another saint, took one share of Wilfrid's
diocese, even after the pope had declared in favour of him, 685. Trum-
berht being deposed from Hexham, Cuthbert then a hermit, and a morti
fied man, was chosen to succeed him : but Cuthbert, though hardly per
suaded to take any bishopric, yet if he must be bishop, chose rather to have
Lindisfarne, where he had been monk, for his see. Whereupon Eata re
signed Lindisfarne, and took Hexham. Thus Theodore had two Nor
thumbrian saints that stood by him in his proceedings against Wilfrid,
and in opposition to the pope.]
King Ealfiid, says the historian, opposing this papal mandate died
soon after. His sister Elded, who succeeded Hilda in her abbacy, testi
fied her brother's repentance before his death : so Wilfrid recovered the see
of Hexham, in the synod held near the river Nidde.
 A.D. "DCXCII.
KING WIHTRED'S GRANT OF PRIVILEGES.

Then Wihtred began his reign over the people of Kent, Saxox.
and continued it thirty-three winters.As soon as he was _*4g . "'
king, he commanded a great council to assemble, at a place [Wilkins,
called bBaccanceld : Wihtred, king of the Kentish, was there 56.]
present, and Brihtwald archbishop of Canterbury, and Tobias
bishop of Rochester, and the abbots and abbesses with
them; and many wise men were there assembled, to take
counsel together about the 'reparation of the churches in
Kent. Then the king began to dspeak, and he said :

* King Wihtred reigned thirty-three years, died 725 ; therefore began [Hist. Eecl.,
his reign 692. It is by mistake placed in 694*. See Bede, lib. v. c. 9. W>> v- c- 8.]
Now called Bapchild, near to Sittingbourn, on the Canterbury side,
being about midway between the coast of Kent and London, and therefore
a very convenient place for a Kentish council. At this place, not many
years since, were the visible remains of two chapels, standing very near to
one another, on the right hand of the road from Canterbury to Sitting-
bourn ; the present church stands on the opposite side at no great distance
from them. Dr. Plott, many years since, observed to me, that this and
other circumstances were good presumptions that this was the old Bac-
canceld, the place for Kentish councils. The old Saxons very often wrote
a simple c, where we now write and pronounce ch.
c The churches of Kent must have suffered very much in the late wars
with the West Saxons.
d The most proper way for King Wihtred to make grants, was to do it

[This grant is so placed in the Saxon Wihtred's grant is here printed before
Chronicle and in Sir H. Spelman's the Ecclesiastical Laws of King Ine, al-
Concilia, vol. i. p. 190. The passage though in the first edition it follows
of Bede which confirms Mr. Johnson's them, probably because they were
emendation of the date by stating that already printed before the above mis-
King Wihtred was reigning A.D. 692, take was discovered, as Mr. Johnson
is in the ninth chapter, as above, in was very careful to avoid what he
Wheloc's edition, but at the end of the calls "a hysteron proteron" in the
eighth in that of Smith, p. 190. Ac- series of his memorials; see above,
cording to the date so fixed. King p. 123.]
 12C KING WIHTRED's [A. D. 692.

by the word of his royal mouth ; for he could not write : which was the
misfortune also of Charles the Great. There is no doubt but that this
grant of his was put into writing;, and that the copy of it in the Chron-
icon Saxonicum is (as to the main) true and genuine. Sir H. Spelman
tells us of five Latin copies of it ; and great objections have been raised
against them, and they are certainly spurious, and do widely differ from
each other. But I see no reason to question the decrees of this council,
as they stand in the Chronicon Saxonicum. The spelling is indeed like
that of the Danish age ; but the words and phrases are, so far as I can
discern, truly antique. And if ancient monuments are to be rejected for
the mistakes of transcribers, I know not what can remain unsuspected.
Here is a double proof of its being originally written in true ancient
Saxonic ; I mean, there are two sentences which deny with a double nega
tive : for the great master of the Saxonic tongue positively affirms, that
the Dane-Saxons always deny with a single negative, Sax. Gram., p. 101*.
None, indeed, of our historians mention this council. In truth, I cannot
readily recollect any one single council, said by any historian to be held in
Kent, except perhaps accidentally, when a great number of bishops have
met at Canterbury, to consecrate new ones, and then have treated together
of some ecclesiastical affairs. But will any wise man from thence conclude
that the kings of Kent never held any councils ? Bede, from whom our
other historians transcribe the memoirs of this age, omits some councils
liolden in his own province, as appears from the seventh answer of Ecgbriht,
who will therefore wonder, if he omitted this in Kent? Most monkish
forgeries had some foundation in fact. The confirmation of the liberties of
the Church by Wihtred, was a thing well known in his little kingdom ; but
when they came to inspect the memorial of it, they found it would not
satisfy the Normans, for want of modern form an d circumstances, there
fore they supplied this defect out of their own wicked dull inventions.
[Addenda.] [I granted that no historian mentions this council. But I have lately
observed that one of our best historians, Eadmer, does expressly speak of it
in the life of Archbishop Bregwin, in these words, " King Wihtred, at the
instigation of Archbishop Brihtwald, did in a general council ordain, that
all the churches of his kingdom should be for ever freed from all domina
tion and exaction of kings or other earthly potentates f."]

1. "My will is, that all the minsters and churches that
have been given and bequeathed to the honour of God,
[Dr. Hickes, whose authority is patusancto Theodoro suecessit, et digue
here quoted, says, "Inhac etiam dia- in omnibus administravit. Hujus in-
lccto(se. Dnno-Saxonica)nunquam non stinctu et exhortatione prefatus Rex
negatur negations simplici."See ill in generali concilio suo cuncLas regni
Thesaurus Ling. Vet Sept. Grammatica sui Ecclesias ab omni dominationc et
Anglo-Saxonica et Ma-so-Gothica, e. actionc regum sive cujuslibet terrene
xx. 24. p. 101] potestatis liberas in perpetuum esse
f [" Ri'gnabat in Cantia virstrenuus constituit."Vita S. Bregwini, Arch-
et nobilis Hex Wytheredus nomine, iep. Cant authore(utvidetur) Osberno,
Deum in scrvis suis semper honorans. in Wharton's Anglia Sacra, part ii.
Ejus tempore Brythewaldus in episco- p. 75.]
 A.D. 692.] GKANT OF PRIVILEGES. 127

in the days of the faithful kings my predecessors, and in the

days of my kindred, that is, Ethelbyrht and his successors,
do so remain to the honour of God, and stand firm for ever
and ever."
2. " Whereas I, Wihtred, an earthly king, incited by the
King of heaven, and inflamed with a spirit of justice, being
well instructed by our forefathers, have learned that no
layman ought of right eto go to any church, or any of the
possessions thereunto belonging, and to take free quarters
there, for himself, his guards, or retinue, or to demand any
tribute from it : therefore we do firmly and faithfully consti
tute and decree, and in the name of Almighty God and of
all the saints, we forbid all kings our successors, and alder
men, and all laymen for ever, all dominion over the churches,
and all things belonging to them, which I, or my ancestors
in former time, have given for a perpetual inheritance,
to the glory of Christ, and our lady St. Mary, and the
Apostles."
See Sax. Gram., p. 13*. Bishop Gibson turns it, seipmm immittere in
quamvis Ecclesiam, <-c.
" 3. And when it happens that bishop or abbot, or abbess
* [Quibus adde onrrins, cujus sen- opinione mea recedam, facit usus verbi
sum non satis assequutus clarissimus jtinj;an, in Chron. Sax. Gibs, anno
Spelmannus, tanquam inexplicabilcm dcxciv. bat nan liepebe man nah mib
priBteriit in epistola Agathonis papse, pihreto rrinjan hine an anpe cipican,
qua certas quasdam immunitates con- na anan bapa binjan be ro cypcan
cessit monasterio Medeshamstedensi belim'8. quod sic verto: quod nullus
vel Petroburgensi ; ubi ha?c verba, baE Uncus jure debet ad ecclesiam quam-
ne kyiming, ne bircop,neeopl, nenan vis, aut aliquant possessionem, qute ad
man have nan onrrmj;, sic vertit : ut ecclesiam speclant, militari ordinc, aut
nee rex aliquis, aut episcoptis, aut comes, magno stipatus, comitatu, ut dominus,
ant quisquam alius onrTing exigut vel procedere. Ratio propter quam, sic
ptrcij,iat : ex adverso tamen in margine locum vertimus, sumitur ab iis quae
addit, forte hospitium. Somnero est tri- sequuntur : anb rop bi rtjianjlice pe
bulum, vecligal. Certe stiguan apud fcererxa'S ~\ bema'5 -\ on IVober naman
Gothos,rrinsan Sax. unde vox derivata bej- ealmihcijej- -) on ealpa lialjena
videtur, significat cum magno comitatu pe j.opbeoba'5 . . . eallanlsepeban man-
et pompa procedere ; unde forsan on- num asujie fenne hlauopbrcipe ouep
jTinJ significat dominium vel jus hospitii cypcan, idcirco nosfirmiter constituimus,
iw/rfominumppWinpwjquodrex.episcopus ac decemimus, et Dei omnipolenlis no
vel alius aliquis dominus sibi et suis mine, omniumqve sanctorum interdicimus
vendicat, ve]tributum, et viaticum, quod omnibus laicis inperpetuum dominatione
miuistrare solent vasalli domino, quum omni in ecelcsias. See in Dr. Hickes's
magno stipatus comitatu proficiscatur. Thesaurus, Gram. Anglo-Sax. c.iii. 17.
Gul. Nicolsonus archidiaconus Car- p. 13. Also the letter of Pope Agatho,
leolensis, in septentrionalibus Uteris vir A.D. 680, in Chronicon Saxonicum,
maximus, putat hanc vocein potius ed. Gibson, p. 42; Concilia, Sir H.
contrahi ab onpettan inhabitare ; unde Spelman, torn. i. p. 164 j Wilkins,
Northymbris onset idem est quod man- vol. i. p. 49.]
sus, toftum. haecille. Sed quo minus ab
 128 KING WIHTRED's GRANT. [A. D. 692.

departs this life, let it be notified to the archbishop, and let

such an one as is worthy be chosen, with his advice and
consent ; and let the archbishop make enquiry into the life
of the man that shall be chosen into so sublime an office . . .*
and into his chastity. And let no man in any wise be
chosen or consecrated into so sublime an office, without the
advice of the archbishop. Kings ought to constitute earls,
and aldermen, reeves of districts, and judges ; and the arch
bishop ought to instruct and govern God's congregation,
and to choose and appoint f bishops, and abbots, and abbesses,
and priests, and deacons, and to consecrate and establish
them both with good precepts and examples, lest any of
God's flock go astray and perish."
' It may be said, that Wihtred here prescribes laws to other kingdoms ;
but in truth he only declares the ancient right of primates. Further,
Wihtred had probably two bishops in his kingdom, at Rochester, and at
St. Martin's, near Canterbury : Botred, who subscribes in the forged Latin
copies, might be bishop of St. Martin's.

[Post- It was no unusual thing for great men, once and again to
scnP -J renew the privileges, or charters, which they made to churches :
there is, in Sir H. Spelman, p. 198, another confirmation of
the liberties of the monasteries and churches in Kent ; I
dare not affirm it to be genuine ; nor does Sir H. Spelman
inform us whence he had it, but it is said to have been made
in the eighth year of Wihtred's reign, which was 700, at
Cilling, that is, I suppose, Feversham. Though I do not
consider it as genuine, yet I may have leave to shew my
reader how the liberties of the Kentish churches were
then expressed, or, which is the same thing, how the word
onrtmgan, about which our Saxonists differ, was understood
by those who drew this instrument, viz., that the churches
and monasteries be free from all public exactions of tribute,
and from all damage and hurt, from this present day. See
note e, above.
["There appears to be no chasm or seems to have inserted much more of
defect here in the original MS. l)om. the speech of Wihtred, but afterwards
A. viii., though Gibson has so printed obliterated it."The Saxon Chronicle,
the clause. The defect is rather at the J. Ingram, B.D. Loudon, A. D. 1823.
end, after lope, (perish,) where the p. 00. note a.]
compiler of the Norman interpolation
 A.D. DCXCIII.
ECCLESIASTICAL LAWS OF INE, KING OF THE WEST SAXONS,
TAKEN OUT OF A SYSTEM OF SEVENTY-FIVE LAWS, MADE
BY THE SAME KING.

Preface.

King Ine began his reign over the West Saxons in the
year 688, Brihtwald succeeded Theodore in the archbishopric
of Canterbury in the year 693, after three years' vacancy of
the see : he excelled his predecessor only in one point ; it
was, in being an Englishman. The following laws of King
Ine were made without the presence of any archbishop, and
therefore probably between the beginning of his reign, 688,
and the consecration of Brihtwald, which was in July, 693.
The archbishop would have been ready to attend him, if the
council had been held in the next year. But at present there
was another obstruction ; there had been a war between the
kings of West Saxony and Kent, from the year 687 till
694 : then Wihtred, king of Kent, purchased peace of King
Ine, with thirty thousand pound *, (as some say,) but it is not
credible that such a sum could then be raised in so small
a principality : others say with as many marks ; but neither
can this be believed : it is more probable, that it was done
with thirty men, as Wheloc's edition of the Saxon Chronicle
relates it; the men of Kent had burned Mull, a kinsman of
King Ine, with twelve of his companions, in the war; this
enraged the West Saxons ; but Wihtred made peace by
giving thirty of his men for thirteen of theirs. It seems
probable that Ine held his council, in which these laws were
made, at the farthest, in the year before the peace ; and before
his going to Rome, and granting the Peter-pence, for main-
[Chron. Sax. A.D. 694, p. 48.]
JOHNSON. I
130 PREFACB.

taining the English School at Rome : for provision would

have been made in these laws, for the levying of them, if the
grant had yet been made. If it had been in any following
year of Ine's reign, Brihtwald would most probably have been
there, either in person, or by his legate : for he outlived Ine
three years ; and sat archbishop the longest of any, I think,
in this see, (I mean, above thirty-seven years,) excepting
Ceolnoth *.
[In Wilkins's Concilia is the fol tion, (see p. 131, note a, Addenda,)
lowing prefatory note to the Ecclesias seems to admit of a solution quite in
tical Laws of King Ine. accordance with the above Preface, and
De tempore hujus concilii nil certi the date there assigned to this council.
statuam. Lambardus Inae ponit regni Bp. Godwin, whose authority is quoted
milium in an. Dom. 712. Florentius for the decease of Ercunwald about
Wigornensis (quern ego libentius sequor A.D. 685, expressly mentions that he
et cujus hserent vestigiis Saviliani was present with Wilfrid at the death
Fasti) in an. Dom. 688. Exiisse autem bed of Theodore, archbishop of Canter
Fasti anno 726. Lambardus 727. Wi bury, Sfpt 19, A.D. 690. In the
gornensis 728. de excessu hie parum absence of all proof to the contrary,
refert : sed quoad ejus synchronos we may well suppose that Ercunwald
(qui in legum praefatione Iledda memo- lived on till A.D. 693, and died very
rantur et Erkenwaldus) Hedda Win- soon after this council, so as to be suc
toniensis sedit episcopus ab an. Dom. ceeded (as Bede tells us, lib. iv. c. 11)
677. usque an. 705. hoc est Inae regis by Waldhere, A.D. 694. As King Ine
18. Erkenwaldus vera Londoniensis could not have the presence of the
episcopus a Godwino (licitur obiisse archbishop of Canterbury, either be
circa an. Dom. 685. in quo Inas, regiam cause of the vacancy of the see or the
dignitatem non est assecutus : et con- hostilities between the West Saxons
dendis istis legibus non turn Erken and the men of Kent at this time, he
waldus potuit interesse. Probabiliua would naturally seek the help and
igitur Fasti, sedisse euin referunt usque countenance of the bishop of London,
ad an. Dom. 696. inclusive, hoc est, who of all the southern bishops, from
annum nonuin In regis; sic ut in the importance of his see, and its ori
novennali isto spatio coudi censeam ginal designation for the primacy,
has ejus leges, et inccrtus anni veri, ranked next to the archbishop. King
ad annum (uti soleo) medianum tri- Ine in calling Ercunwald " my bishop,"
buo, annum scil. In 5. id est Domini expresses the special reverence and
nostri 692. vel 693. milii autem non attachment which he felt first and
constat qui sit factum ut episcopum chiefly towards his own West Saxon
Londinensem suum vocet ; cum is bishop Hedde, but in the second place
propria regi paruit orientalium Saxo- also towards the bishop of London
num non occidentalium, ni Londinium both in regard of his office and his per
forte jam in ejus abiisset domina- sonal character. See Bp. Godwin de
tionem. Prssulibus, Archiep. Cant, p. 42 ; Abp.
The whole difficulty here stated, Parker de Privilegiis Eccl. Cant., p.
which led both Wilkins and Johnson 325 ; Acta Sanctorum, Apr. 30. torn. iii.
to omit the mention of Ercunn'ald's p. 780.]
name by King Ine as an interpola
 A.D. DCXCIII.

I Ine, by the gift of God, king of the West Saxons, Saxon.

by the advice of Kenred my father, and "Hedde my bishop, Speim'an,
and with all mine baldermen, and the senior counsellors T>- '
of my nation, and also a large assembly of the c servants of [Wiikins,
God, have been consulting the health of our souls, and the vol:i-
p. dot
stability of our reign, that right dlaw, and right royal dooms, Thorpe,
may be settled among our people. And they were confirmed p' J
so that no alderman, nor any of our subjects, were hereafter
to alter these our dooms.
* He was the [fifth] bishop of the West Saxons ; his see, Winchester.
[Not only in Brompton's Latin translation, but in the Saxon copy contained [Addenda.]
in the Textus Roffensis, after " Hedde my bishop," it is said " and Ercun-
wald my bishop." Yet there is no reason to believe that London, of which
Ercunwald was bishop, was ever subject to King Ine : nor is it possible, I
conceive, to assign any reason why Ine should call him " my bishop," though
he had been actually present at the making of these laws. But Waldhere
bad succeeded Ercunwald before the end of King Sebbe's reign, and Sebbe's
reign continued not beyond this year 693 . See Bede, lib. iv. c. 11.]
* The alderman was he who had the chief superintendence of any large
districts or city.
c The servants of God, were the abbots, priors, and other heads of reli -
gious houses. Indeed, all monks and regulars often pass under this
character : and there were few of the clergy that were not monks, or regu
lars. It is too early to look for parish churches in West Saxony ; it was
scarce sixty years ago, that Byrinus first preached Christianity to them :
and the kings had not been steady in the profession of their religion.
' The old Latin, as well as Lambard, have turned rep conjugium. But
there is do ground for this, excepting that an e is wanting at the end of

* [Or rather 694 ; the words of Bede obitus Earconvaldi incertus, clarum
are, Venit (sc. Siebbi Rex Orientalium tamen est fuisse ante R. Swbbaj re-
SaxorJum)adantistitemLundoniaecivi- cessum, tempore scilicet Valdheri, qui
tatis.vocabulo Valdheri, qui Erconvaldo successisse videtur, a. 694, licet Savi-
uccesserat ; et perejusbenedictionem, lius in Fastis ponat a. 697, etiam post-
babitum religionis, quern diu desidera- quam fixisset recessum Ssebbre a. 694,
bat, aceepit Upon which mention of quod impossibile est. See Smith's Btde,
Waldhere the editor remarks, Annus p. 153, note.]
i 2
 132 ECCLESIASTICAL LAWS [A. D. 693.

[Addenda.] the word ; the old Latin turns se in the same manner, law 1 ; [Textus Bof-
fensis hath aspe in the introduction, but it is left out in law 1 *.]

1. First, we command all God's servants, that they study

their right rule, and duly observe it : in the next place
we command that the law and dooms be observed of all
folks.
2. Let a child be baptized within thirty nights : if it be
otherwise, let [the father] make satisfaction with thirty
shillings. If it then die, without baptism, let him make
satisfaction with all that he hath.
3. If a slave work on the Sunday, by his lord's command,
let him become a freeman, and let the lord pay thirty
shillings for a mulct : but if the slave work without his lord's
privity, let him eforfeit his hide, or a ransom for it. If a
freeman work without his lord's command, let him forfeit
his freedom, or sixty shillings. Let a priest be liable to
double punishment.
That is, let him be scourged. See law 5. But it is supposed that
he might have money to redeem his hide ; therefore English slaves had
their property.

4. Let the f Church-scot be paid by St. Martin's mass ; if

any one pay it not, let him be amerced forty shillings, and
pay the Church-scot twelve-fold. [Textus Roffensis says
sixty shillings, not forty.]

' By the thirteenth of these laws, it will appear that the Church-scot
was to be paid according to the value of the house in the which the man
lived at Christmas, but he had eleven months, wanting one fortnight, allowed
for time of payment, viz., from December 25 to November 11, (called
Martin-mass,) in the following year. The Rome-penny was the same to
every housekeeper ; but there was a difference in the Church-scot ; it
should seem, not according to the wealth or quality of the person, but the
value of the house in which he lived at Christmas. It was commonly paid
in grain, or seed, though sometimes in fowls. See' Cyric-Set'iu Spelman f.
It was paid first to the bishop's church, afterwards to the lesser to which

[The final e which appears in the Bosworth's Anglo-Sax. Diet. Wilkins,

introduction, and is left out in law 1 ,does vol. i. p. 58 ; Thorpe, p. 45. ]
not change the meaning of the word. f [Glossarium, p. 138. See also
JEpe or sep means first ' law,' as here Ancient Laws, p. 46, note a, and the
translated by Mr.Johnson, and secondly glossary under Ciric-sccat; Saxons
'lawful wedlock' or a 'lawful wife.' See in England, vol. ii. p. 559. App. D.]
A.D. 693.] OF KINO INK. 133

the man resorted for divine worship. We cannot doubt but tithes were
paid in England, at this time and before ; Boniface, in the year 693, was
twenty years of age, (he was born 670,) and he testifies, that tithes were
paid in the English Church, in his letter to Cuthbert ; and there is reason
to believe, that they were paid freely and fully, or else this king who made
so severe a law for paying the Church-scot, would have made a severer for
paying tithes, as some kings did some hundred years after this, when the
people's first fervours abated. The Church-scot was a new taxation, and
therefore not readily paid: tithes were from the beginning, and therefore
paid without repining.
5. If any one be guilty of a capital crime, and gflee to the
church, let him have his life ; but let him make satisfaction,
as right directs. If any one forfeit his hide, and flee to the
church, let his lashes be forgiven him.
Churches were sanctuaries, wherever Christianity gained a civil
establishment ; and since they were so here too, from thence it appears,
that men suffered death for some crimes, unless they got into sanc
tuary ; and that therefore pecuniary mulcts were not accepted in all cases :
perhaps it was at the king's discretion, whether the criminal should suffer
death, or pay the mulct. See law 6.

6. If one fight in the king's house, let him forfeit all his
estate, and let the king deem whether he shall have his life
or not. If one fight in a hminster, let him make satisfac
tion with an hundred twenty shillings. If one fight in the
house of an alderman, or other noble counsellor, let him
make satisfaction with sixty shillings; and pay other sixty
shillings for a mulct. If one fight in the house of a 'tenant
or a common man, let him pay thirty shillings for a mulct,
and six shillings to the common man. And if there be a
fight in the open field, let an hundred twenty shillings be
paid for a mulct. If men quarrel at their k common table,
and some patiently contain themselves t, let the other pay
thirty shillings for a mulct.
* Here is no particular mention of the bishop's house, but it is compre
hended under the general name of a minster ; because all bishops, probably,
in this age and country, had their habitations in the monastery or religi
ous house belonging to the cathedral church.
1 Ser'Sylben> was, I conceive, he who held an estate at a certain rent,

* [Lac et lanam ovium Christi, deponunt.Wilkins, vol. i. p. 92.]

oblationibus quotidianis ac decimis fide- t ["and one of them bear it with
lium suscipiunt, et curam gregis Domini patience."T.]
 134 ECCLESIASTICAL LAWS [A.D.69S.

[Addenda.] payable to the lord. [I take gerol-sylben to signify properly the tenant to
a plough-land. See dccxxxiv., the note to Ecgbright's first answer.]
k gebeoprcipe signifies the freemen of the whole tithing, or borough.
Our ancestors were in this age emerging out of the savage life ; every ten
families, or thereabout, were security for each other's good behaviour; and
therefore were obliged to eat and drink together, that they might often see
each other, and that none might absent themselves from home upon unlaw
ful occasions, without the knowledge of his neighbours. Every single man of
the tithing, or gebeorscipe, was called gebur, which I translate, a common
man. The chief of them who was security for all the rest, was the bors-
holder, or tithing-man. This was continued long after the Conquest.
The Normans called the ten men, Franc-pledges. We still have our tith-
ings or boroughs, and our tithing-men, or borsholders.

7. [13.] If one falsify his testimony or his faith, given in

the 'bishop's presence, let him make satisfaction with an
hundred twenty shillings *.
1 This was one reason for the bishop's sitting on the temporal bench
with the aldermen, viz., to tender necessary oaths in the most solemn
manner; for the English in this age were under the greatest awe of falsi
fying an oath taken on the bishop's baud, or on a cross holdcn in his
hand. Long after the two jurisdictions were entirely separated, Gervasius
Dorobernensis tells us, that difficult causes, which could not be determined
in the king's court, were decided by the archbishop, at the south door of
Christ's church, Canterbury. I suppose, by this is meant that it was left
to the archbishop to sift out the truth in knotty temporal causes, by a most
solemn oath administered by the archbishop in person. See Somneri
Glossarium verbo Suth-duref-

8. [11] If one buy a slave, or freeman of his own nation,

(though he be a malefactor,) and send him over sea, let him
pay his weregeld, and make mdeep satisfaction to God.
m By this is meant severe penance to be inflicted by the bishop, and
probably in public. This was another reason why the bishop sat with the
alderman, that he might condemn such criminals to penance as deserved
it. This and the ninth and tenth laws, are not in Sir H. Spelman.
N.B. The were, or weregelt, was the ransom paid for murder.

9. [15] If a man be charged with robbing in a "very large

gang, let him either pay his weregeld, or make his purgation.
Half of them who take the oath, shall be frequenters of
the communion.
[This and the remaining laws numbers inserted in brackets refer to
here given, are in Lambard's Archaso- the laws of King Ine in Ancient Laws,
nomia, edited by Wheloc, numbered pp. 45 65.]
thus, 12, 11, 15, 19, 22, 46, 62, 75. The f [Quoted below, p. 150. note.]
A D.693.] OF KING INE. 135
* This law was too long to be inserted at length * ; the large gang was
any number from seven to thirty-five. In this case none were allowed to
be compurgators, but such as were worth one hundred and twenty plough-
lands. The very large gang was thirty-five in number, or more. In this
case half of the compurgators were to be' frequenters of the communion:
from which it appears that men's oaths were valued according to their
wealth ; but that the oath of one that frequented the communion was laid
higher than his that was worth one hundred and twenty plough-lands.
To the same purpose, see law 10.

10. [19.] A bailiff of one of the king's farms, if his weregeld

be laid at twelve hundred shillings, and if he be a frequenter
of the communion, his oath shall be of as great availment
as his that hath sixty plough-lands.
11. [23.] If a foreigner be slain, let the king have two
shares of the were, the son or kindred the third share. If
he hath no kindred, let the king have one half, the chief f
[of the murdered person] the other half. If [the chief] be

[The whole paisage is thus edited and translated liy Mr. Thorpe.
Deoyap pe haraS o'S vu. men, ypom Thieves we call as far as vii. men j
vu. hloS, oV xxxv., pppan bvS hepe. from vii. to xxxv. a ' hloth ;' after
that it is a 'here.'

Be r>r.ODe. Of ' hloth.'

XIV. Sepe hloSe berygen pe, jej-- 14. He who is accused of 'hloth,'
picne pe hine be cxx. lnba.oppeppa let him clear himself with cxx. hides j
bete. or make ' bot' accordingly.
Be oeRi&e. Of ' Herge.'
XV. Sepe hepe-teama betj'jen pe, 15. He who is accused of 'here-
he hine be hir pepe-gilbe ahere, oppe teain,' let him redeem himself with hia
be hip pepe gerpicne. Se aft pceal bion ' wer-gild,' or clear himself according
healy be burl genjum. Deop pipj>an to his ' w "r. ' The oath shall be half of
he bitS on cyninjer benbe, nan he pa communicants. A thief, after he is in
rpicne. the king's custody, shall not have the
clearance.
Be DeoF-stene. Of thief-slaying.
XVI. Sepe beoy orrliMS, pe mot 16. He who slays a thief must de
gecyftati mib afte i> he hine rynmsne clare on oath that he slew him offend
oyylose, nailer pa gegilban. ing; not his gild-brethren.
See Ancient Laws, pp. 48-9, where complices) are fully explained in notes
1 clearance' and ' gild-brethren' (se. ac- b and a.]

+ [SePh the word by which ' comes' dered " socius" in the Archaonomia,
(sc.satrapa, nobilis)of Bede(Hist. Eccl., and by Sir H. Spelman. For a
lib. iii. c. 14 el patsim) is rendered in probable explanation of the word in
King Alfred's translation, and which this place in the sense of 'host,' see
also means a companion, fellow, ren Ancient Laws, p. 51, note a.]
 13G ECCLESIASTICAL LAWS [A.D. 693.

an abbot or abbess, let them in the same manner share with

the king. If a stranger be a tenant , [he is laid] at an
hundred twenty shillings, his son at an hundred, a slave
at sixty shillings, some at fifty ; a stranger's hide at twelve
shillings.
[Addenda.] [Here is meant tenant to a plough-land.]

[24.] A stranger if he hath five plough-lands is esteemed

as one rated at six hundred shillings.
12. [45.] Satisfaction shall be made for breaking into the
king's house, with an hundred twenty shillings, and [for break
ing into] the bishop's, where his see is. [For breaking into]
the alderman's, with eighty shillings ; the Pking's thane's,
with sixty shillings; the qcommanding officer's in the army,
(he being lord of the soil,) with five and thirty shillings. And
[they shall] make their purgation r proportionably *.

' The simple thane was an inferior nobleman ; the king's thane, one of
those who had an office at court.
i sepibcunb-man. In the fifty-second of these laws a fine is laid on a man

[This, as well as the preceding law, but in the Leges Anglo-Saxonicas the
being rather temporal than ecclesias text and translation of King Ine's
tical, is omitted in Wilkius' Concilia, 45th law stand thus,

XLV. Bebuphbpyce. 45. De urbis violatione.

Buphbjiyce mon pceal becan mib Urbis violatio compensari debet
hunb cpelrcijuni pcill. Lyninsep -\ bip- centum viginti solidis, ubi regis et
copep, bsep hip pice bib. Ealbopman- episcopi sedes est. Senatoris octo-
nep, nub eahtanj pcilhnsep. Lyninsep ginta solidis ; ministri regis sexaginta
Sejiier, r>'xn5 rclH- tepibcunbep solidis; ejusdcm condidonis hominis
mannep lanb-hasbbenbep, pip -\ xxx. terram possidentis triginta et quinque
pcill. Anb byb on anpacan. solidis. Et his excuseutur.

In other laws (King Ine, 50, 54, paganus, and gives King Ine's 51st
63, 68, King Wihtred 5) Wilkins in law, (52 in Archieouomia,) referred
terprets sepibcunb-man, propositus to in note q, thus,

LI. Be 'San #e sepibcunb man pypb 51. De pneposito pagano, qui mi-
poppicce. lites providere nolit.
Lip pe pibcunb man lanb ajenbe Si propositus paganus terram pos-
pypbe poppicce, jepylle hunb cpeipcij sidens milites providere nolit, solvat
pcill. i '8olise hip lanbep, unlanbaj;eii- centum viginti solidos, et peidat ter
be pixcij pcill. Leoplipc Spiccis pcill, ram suam : si non possideat terrain,
Co pypb pice. sexaginta solidos. Colonus triginta
solidos pro militia? detrectatae mulcta.
See Leges Anglo-Sax., pp. 22-3, 25,
426-7.]
 A. D. 693.] OF KING 1NE. 137

of this title, or character, if he leave the army : and a greater fine than on
any other*.
' That is, the compurgators shall be proportionable to these sums in
number and value. Sed quaere. [Textus Roffensis has it thus, t byl> on [Addenda.]
anracan, which I thus turn, And he (that is the accused party) shall be on
the disproof, orpurgation f-]

13. [67.] The Church-scot shall be paid for the roof, and
fire-hearth, where men are at " mid-winter.
That is, Christmas day: the opposite half-year day is still called
Midsummer.
[I find some look upon Church-scot, or Church-seed, and tithes, to have [Addenda.]
been the same. But upon this supposition, I can see no reason why men
should be ordered to pay it for the house in which they lived at Christmas.
And farther, some Saxouic laws or constitutions make distinct provisions
for the paying of tithes and Church-scot, and order it to be done at several
times. Thus MIX. the tenth and eleventh constitutions of Eanham,
require tithes to be paid at All-hallows, Church-scot at Martinmas.]

14. [76] If one kill another's godson, or godfather, let the

1 magbote [to the godfather or godson] and the u manbote be
alike. Let the satisfaction increase in proportion to the
' were, as also the manbote does which is due to the lord. If
it be the king's godson, let him make the same satisfaction
(in proportion to his were) to the king as to the kindred.
1 If he were in defiance with him J, who slew him, then the
satisfaction to the godfather fails in the same manner that

[Si'Scunb, vel Iieribcunb-man. Qui conjicio nostros Siticsnun (q. d. Sithca^

ejusdem condiiionis erat cum quovis nun) nonien deduxisse. Diet. Sax. et
altero prius memorato, Ex. gr. cum Goth. E. Lye.
Thano LL. Inae 45, cum eoqui qninque *' The ' gesiths,' ' gesithmen,' or *ge-
hidas terra possidebat Jud. Civ. Lund. sithcundmen,' were the military colli
de Weregild, 12. Ubi notandum panions or followers ol'the Anglo-Saxon
quod ejus capitis ir.slimiil.io (et ejus pro- chiefs and king*."Thorpe's Glossary,
inde ordo atque dignitas) qui ortus est Hence we must regard Mr. John-
a nistico qninque hidas terrae possi- son's translation, ' commanding officer
dente, eadem fuk qua? et Thani sc. in the army,' here and in the fifth law
2000 Thrysmae ; 5. % Item, Prepo- of King Wihtred, only as an approxi-
situs quidam pagensis, cujus officium mation serving in the absence of an
erat in profectione militari se prasbere exact word to give some idea of
paratissimum. LL. Withr., 7, 8. the meaning of gepbtunb-man. See
Ina 50, 51, 54. Ita vero dictus, uti also Somncri Glossal ium, verbo, Sith-
voluit Lambardus, ab Anglo- sax. Si- cundus homo.]
Slan, proficisci, iter facere. Potius + [-) bi bonauracan, and according to
tamen quod ex iis erat qui quinque this make the legal denial T.]
hidas terra; possidebant, ideoque ejus- J [Lijr heftonne on'Sone geonbypbe
dem onditionis cum Thano; quum Co- 'Se bine rloh, Si autein seilli upposuerit
lono sivc Rustico perpetuo opponitur qui eum interfecit.W. If, however, he
in LL. In;e supra citatis. Inde autem strive against him who slew him.T.]
138 ECCLESIASTICAL LAWS OF KING INE. [A. D. 69J.

the mulct to the lord doth. If it be a ' bishop's son, let it be

half as much.

Meegboee was the satisfaction due to the family, for killing one of
them.
Manbote was the satisfaction due to the lord, for killing his man: in
ordinary cases this was but a sixth or seventh of the magbote.
If the murdered person had committed a capital crime, and yet stood,
vi et armis, in his own defence, and died in the combat, no satisfaction
was due for him. Both the old Latin, and Lambard, say, Si tie parentela
ipsius sit qui occidit eum *, Verum si ei a cognato erepta est vita f, 4~c,
but I see no reason for this. My translation here is verbal and clear.
t A bishop's godson.

[See " Legum Anglo-Saxonica- &c, p. 50*.]

rum versio antiqua" in Ancient Laws, f [Lambard's Archseonomia, p. 14.]
 A.D. DCXCVI.
KING WIHTRED'S DOOMS ECCLESIASTICAL.

Preface.

The following laws of King Wihtred have so many marks

of genuine antiquity, and the whole texture of them is so
agreeable to the simplicity of this age, and the style so truly
Saxonic, that a monk of the tenth or eleventh century might
as well be suspected of falsifying in Hebrew or Arabic, as in
the language in which these laws are written. But it is
objected, that the acts, or preface, make these laws to have
been compiled in the fifth year of this king's reign, and the
first indiction. I answer, No; this is the mistake of Sir H.
Spelman or of his friend Lisle. The Saxon preface says
expressly, it was the ninth indiction : but it has been as
serted, that the fifth of this king's reign falls in with the
tenth indiction. This can by no means be allowed; for, if
the year 692 was the first of his reign, (for which see Bede,
lib. v. c. 9*,) then 696 must be the fifth : and I suppose no
one will dispute but 696 was the ninth indiction. Sir H.
Spelman by mistake placed it in 697, forgetting that "Wihtred
coming to the throne of Kent in the beginning of the year
692, or however, before July, therefore 692 ought to be
reckoned for one year of his reign. But exceptions have
been made against the title here given to Brihtwald, viz.,
high or chief bishop of Britain. But sure it cannot be
thought unreasonable, that he should be called the high or
chief bishop, because he really was so. As to the other
point, bishop of Britain, it was the style of his immediate
predecessor Theodore, in the council of Hatfield, Bede, lib.
iv. c. 17, and the province of York was subject to Briht
wald as well as Theodore. It is true, Gibmund's name is
put for Tobias, then bishop of Rochester: and this was a
blunder of the scribe, and I wish there were no more errors than
this, especially in the spelling. But if the wrong name of a
[Smith's Bede, p. 190.]
 140 PREFACE.

bishop were sufficient to invalidate or discredit any public

act, Magna Charta itself must be condemned as spurious ;
for all the published copies of it bear ' His testibus Bonifacio,
Cant. Archiepiscopo, 1224;' yet it is notorious, that Magna
Charta was first solemnly passed in parliament, in the ninth
year of Henry III., A.D. 1224, and then it is as notorious,
that Stephen Langton sate archbishop *.
[Addenda.] pj0 man doubts but King Ine's laws are genuine ; yet if
we had no other copy of those laws, but that in the Textus
Roffensis, (and we have no other copy of Wihtred's laws,
but that in this same MS.,) we must have been content
to take them as they there stand with Ercunwald's name in
terpolated. Yet I suppose no historian will dispute it, but
that Ercunwald was dead before King Ine made his laws,
and probably before his accession to the throne.]
There is one difficulty in the acts, or preface, which it is
here proper to mention, I mean that the council is in the
Textus Roffensis said to have met on the sixth day of Ru-
gernes, or Augernes; Sir H. Spelman could not certainly
say whether the first letter was A, or R. I presume the
copy from which the transcriber wrote it into the Textus
RofFensis had Ernes only, which was the known name of the
month August in the ancient French, (save that the first
letter of it was A in their orthography :) and the Kentish
people may be reasonably presumed to have borrowed this
word from their next neighbours beyond sea, as well as
[Gibmund was bishop of Rochester Langton was Archbishop of Canter-
froin the year of our Lord 681 to 692, bury A.D. 120728, Boniface 12*5
when he was succeeded by Tobias, who 70. The early printed copies of Magna
was present the same year at the council Charta, Pynson, 1508, Tottell, 1576,
of Bnccanceld, wh^re King Wihtred and Wight, 1602, do indeed exhibit the
made his grant of privileges, (p. 125,) above anachronism, but no trace of it is
and presided over the diocese of Ro- found in the most authentic MSS.
Chester till his decease A.D. 726. As The Magna Charta of King John, A.D.
the laws of King Wihtred seem rightly 1215, has the name of Stephen, Arch-
assigned to A.D. 696, we may con- bishop of Canterbury, both at the be-
clude the name of Gibmund here is ginning and towards the end of the
a mistake (either of Bp. Ernulf, A.D. document ; the Magna Charta as so-
111424, who compiled the Textus lemnly passed and given under the
Roffensis, or of some earlier scribe) for great seal in the ninth year of King
Tobias, according to the opinion of Mr. Henry III. begins the list of wit-
Johnson, though no stress can be laid nesses thus, ' Hiis testibus Diio S. Can
on the illustrations above given. It tuar. Archiejio.' See facsimile of Mag-
has already been shewn (p. 130, note) na Charta, 17 John and 9 Hen. III., in
that Ercunwald may reasonably be Statutes of the Realm, A.D. 1810,
supposed to have been present at the vol. i. pp. 8, 22.]
making of King Ine's laws. Stephen
 Preface. 141

several others. But the scribe was going to put down

August, as being the more familiar name of that month, in
the age when the transcript was made, (viz., in the reign of
Henry I.,) yet upon recollection he resolved to follow his
copy, and so struck out so much as he had written of the
name August, though not so perfectly as to render it wholly
illegible, and wrote Ernes : perhaps he resolved to insert
both names; the one by abbreviation, the other at large,
that one might explain the other. Our misfortune is, that
there is only a single MS. copy of these laws; and that was
very carelessly published by Sir H. Spelman, but Mr. Som-
ner's corrections have cleared several difficulties *. It may
seem strange, that these laws of King Wihtred should have a
n.ore formal preface, and the time and place more precisely
specified, and the persons of which the council consisted
more expressly mentioned, than several other sets or systems
of laws in the following ages; but it is to be remembered,
that many of Archbishop Theodore's scholars were yet
alive, and to them we owe this exactness. Theodore himself
had not been seven years dead, at the time of this council.
[As to the name of the month it is clearly Rujepner f in [Addenda.]
the Textus Roffensis. Sir H. Spelman could have raised no
doubt in this point, if he had inspected the MS. Nor were
there any grounds for his copier to hesitate about it. I am
still of opinion that epner stands for August. As for the
three first letters I have nothing that I can think worthy to
offer to my reader on that head, unless he will suppose
it was originally Rugepner, i. e. rye-harvest. For it is no
uncommon thing in the Saxonic to double 1, and double n
was unawares turned into u.]
* Mr. Somner's corrections were mus, sed de versionedubiiad magis in
made from The Textus RorTensis, of hoc genere literatos provocamus. Con-
which Sir H. Spelman seems to have Miliums tamen, qui pra? caeteris habitus
seen only an imperfect transcript. est instructior, consanguineuin nostrum
See General Preface, pp. viii., ix. Sir Gulielmum ab Insula, et is me fatcor
H. Spel man ofhis own edition uses these saepiusexpedivit, Sirpiusetiam ineodem
words, " Constitutiones istas Withriedi cohcerebat luto et neuter altcri opem
Regis Cantii (aliasque aliquot Regum tulit." Concilia, Spelman, vol. i. p.
aliorum) Saxonicescriptas, et a nemine 198, note.]
(quod sciam) aut in lucem datas aut t [Mr. Thorpe gives Rusernes, 'of
expositas, nos pro tenui facultate nos- Rugem,' but states that the published
tra in Saxonico idiomate, Latinas feci- Menologies take no notice of this month.]
 A.D. DCXCVI.

Saxon. These are the dooms of Wihtred, king of the Kentish.

Sir H. a When Wihtred, the most clement king of the Kentish,
S pel man,
vol.i. bare rule, in the fifth year of his reign, in the ninth indic-
p. 194. tion, on the sixth day of August, at a place called b Berg-
[Wilkins,
vol. i. hamsted, a conciliary congress of great men was assem
p. 60.
Thorpe, bled : there was Brihtwald, chief bishop of Britain, and the
p. 16.] king before named; and also the bishop of Rochester, the
same was named c Gibmund ; every order of the Church in
that nation, of the same mind with the people d subject to
them, were present, and treated. And there the great men
devised these dooms with the ' consent of all, and made ad
ditions to the righteous usages of the Kentish, as it is here
under said and declared.

N.B. Mr. Somner's emendations of Sir H. Spelman's text, in the acts

or preface of this council, are as follows, viz., gebeahtenblice, for geh,
aepnaemba for tennsem t>a, pa?r hacen for baer hacen. Further, I take
^ papb, as one word, and to signify 'present.' Mr. Somneralso read an-
moblice for acmoblice.
[Addenda.] [Mr, Somner's emendations agree with the Textus Roffensis saving that
the Textus has seheaheenbhc not seb, yet I think Mr. Somner's correc
tion to he very apposite.]
> Perhaps now Bursted, or Barsted, near Maidstone, the present
assize-town [.
e Tobias. See my preface to this council.
d Saxon, hcprumau, which never signifies military, as Sir H. Spelman
here renders it ; but perpetually conformable, obedient, subject, or the
like.

[An obvious mistake.T. ] town. This tradition agrees with the

t [There is little doubt of the truth name in the Textus Roffensis, Bepg-
of this conjecture, though Barham near hanirrybe, which resolves itself into
Canterbury, and Berkhampstead in Bepl.c-ege ham-jrybe, that is, Bright-
Hertfordshire, have each been suggested eye-home- stead: in course of time ham
as the probable place of King Wihtred's was left out as superfluous, and the name
council. The village of Bersted, about of the place was spelled Berghestede in
two miles from Maidstone, is said in the reign of King Edward the Third.
a document, A.D. 1573, to have been See Five Generations of a Loyal House,
called Bertie-stt d, from its ancient lords p. xxiii. xxxvi. ; Appendix, p. 459. Lon
the family of Bertie, settled thi re before don, Rivingtons. A.D. MncccXLV.
A.D. 1014, the meaning of stcd in t: e Kemble's Saxons in England, vol. ii.
Anglo-Saxon language being a placeor p. 207, note 2.]
A. D. 696.] KING WIHTRED's DOOMS ECCLESIASTICAL. 143

" It is sufficiently plain, that the people in this council had consultive
and even conclusive voices : and this seems but reasonable, if it be consi
dered how much their property was affected by the first words of the first
law. The king had before granted this privilege to the Church ; but he
and the clergy too might see just occasion to take the consent of the peo
ple to so extraordinary an immunity : and pious King Wihtred thought
by this means to perpetuate his generosity to the Church.

1. 'A freedom from taxes belongs to the Church ; and let

men pray for the king, and honour him of their own accord,
without any compulsory law.
' Mr. .Sounier here deletes the .'. between e and a in cinicean, and by
conjecture reads sajol ah, for gafola*, therefore he thus understood this
sentence, Let the Church have an immunity from taxes. Mr. Somner
also read peopbiseu, not he .

2. 6 Let the protection of the Church, and also of the king,

be fifty shillings.
8 That is, let the penalty for breach of protection be fifty shillings in
both cases. King Ethelbert required as much more for breach of the
Church's peace, or protection, as for breach of his own. But by one hun
dred years' experience, this was found unreasonable. The most common
breach of the Church's protection was by drawing malefactors from sanc
tuary : and certainly this was a grievance to the nation, that criminals
should be sheltered by the Church.
3. h Let whoremasters betake themselves to right life, with
penance for their sins ; or else let them be separated from
'communion, k without ecclesiastical purgation f.
> Uncleanness was always one principal subject of Church discipline,
especially here in England : and it is observable, that the whole Kentish
nation here consents that uncleanness be punished by both jurisdictions,
spiritual and temporal. See law 6.
1 Mr. Somner read soman an, not Senaman. Sir H. Spelman read

[Kipicean rpeolf bome t gayola. ference is here made to the custom of

Ecclesia fruaturimmunitate et tributis. purgation, (as in dooms 17 22,) seems
VV. To the Church freedom from im- to have been misled by Sir H. Spel-
posts. T. man's edition, which gives obbe or. cipi-
The text seems to have been rpeolf can gecan senaman a j-cabene pen, " vel
borne ^ gafole, or some similar form a ccetn ecclesiastico arceantor." The
conveying the same meaning.T.]' word Sceati, which might mean 'purga-
t obl>e oj cipicean jemanan area- tion,' not being found in the Texlus
bene pen. vel a coetu ecclesiastico se- Roflensis, nor in Hearne's edition of it
parentur. W. Or that they be separated from the Dering transcript, (p. ,) nor
from communion with the Church. T.] expressed by Sir H. Spelman in his
The MS. reads senaman by mere trans- translation, can only be regarded as
position ofletters for semanan 'commu- an error of the press.]
nion.' Mr.Johnson in supposing that re-
 144 KING WIHTRED's [A. D. 6UG.

hpeope, though his printed text has hpeope, as likewise in many other
places.
[Addenda.] [Textus Roffensis hath jenaman. Yet I stand by Somuer's emendation ;
especially because the text hath Jemanan in the fourth doom.]
k That is, either without allowing him purgation, the law being meant
of notorious whoremasters, or else the meaning is, that he shall be excom
municated unless he can by law purge himself: to which latter sense the
Saxon of, here inclines me. However, by this it seems plain, that purga
tion of any crime by the oath of the accused party and his compurgators
is as ancieut as ecclesiastical jurisdiction itself, within this kingdom. It
is mentioned in the laws of Lothere and Eadric, kings of Kent, four or five
times ; and though those laws are all temporal, and the purgation there
mentioned be in relation to temporal matters ; yet the oaths were to be
made at the altar, by law 16. The taking away this purgation has ren
dered discipline impracticable.
4. ' If foreigners will not reform their filthiness, let them
with their goods and sins depart out of the land ; m so that
the churchmen among the people suffer the loss of commu
nion n without being banished *.
1 Mr. Somner here read man for mteri, rpa fr IT06 t-
m Here, perhaps, I have too closely followed Mr. Sotrmer's emendation.
Let me have leave to suppose that Sir H. Spelman read justly, save that
he made rpa?j-e two words, when it should be but one, (and this is very
usual in his text,) then the translation is clearly thus, ' Let the complaisant t
churchmen among the people,' &c.,as in the text. By ' complaisant church
men among the people,' they meant, probably, secular clergymen, as they
were afterwards called who lived among the people, not in monasteries as
the regulars did, but had too much of the gallant in them, so as to be in
famous for their vicious amours, C. Cloves-hoo, dc.cxi.yii. 0. The law-
exempts these from the penalty of banishment, though they were foreigners,
because there was probably a scarcity of clergymen at this time.
[Addenda.] [Textus Roffensis, clearly rpare mn, j-paere is evidently one word.]
" unjertpobync, literally, ' unbanished.'

5. If it hereafter happen that a "commanding officer in

the army engage himself in an unrighteous copulation, in
[jElpeobise man j;ip hio hiojia by ' inland strangers.' I am unable to
hiemeb pihran nylla'S, or lanbe nub discover any authority for this inter-
hiopa aehcum -j nub rynnum Jej'iren. pretation, and doubt its accuracy. Spser
Spare man in leobum cipiclica?r je- is the Maeso-Gothic swes, and signi-
mannn unjepepubyne holij;en. That lies proprius, own. T.]
foreigners, if they will not correct their f [men for insep is clearly right,
fornication, depart from the land with but not so the reading of rpa for rp*]
their goods and with their sins. Let J [For the true meaning of ri'^f*
natives among the people forfeit com- in this law, see note .]
munion with the Church, without ex- [Iieribcunbe mannan, propositus
pulsion.T. paganus.W. See notes on pp. 136,
Mr. Price had rendered rpa>re man 137.]
 A. D. 696.] DOOMS ECCLESIASTICAL. 145

contempt of this p gemote, contrary to the command q of the

king, and the bishop, and the r doom-book, let him make
satisfaction for it to his lord with an hundred shillings, ' an
ancient right.
See law of Ine, 12.
P All authoritative assemblies were so called.
1 Mr. Somner read Cyninsar*. But it seems a mistake of his, or of Tex-
tus Roffensis.
r The doom-book contained all the laws, penalties, and dooms then in
force.
" Pro more, Somner. You have this expression in the twelfth law of
Lothere, and Eadric, though in another case. And it is not uncommon in
ancient monuments, yet Sir II. Spelman omits it in his translation. By
this it should seem they bad older laws to this purpose.
6. If it be a common man, let him make satisfaction with
fifty shillings : and let 'each of themt desist from uncleanness,
with penance.
' Or, ' notwithstanding this.'
7. uIf a priest "connive at unrighteous copulation, or neg
lect baptizing of the infirm ; or be so drunk that he cannot
[do it,] let him desist from his ministration, for so long a
time as the bishop's doom [requires J.]
u Mr. Somner has justly deleted Sir H. Spelman's translation of this
law entirely ; and he read Bircopej- bom, for hjj- coper ,
[Textus Roffensis, Bircoper bom, beyond all doubt.] [Addenda.]
x Mr. Somner says, Si sacerdos a scortationibus non abstinuerit, tak
ing lar in the sense of leaving, or abstaining, and supplying na, which
last I thought too bold for my imitation. I rather take la>r in the sense of
tolerating, giving leave, or conniving at. By this, and other evidences, it
appears that priests were of old esteemed to be under an obligation to
present offenders to the bishop, as church-wardens are now. Yet perhaps
bey may stand for leop : If the priest love unrighteous , &c.
8. If a i shorn man irregularly wander about, entertain
ment may be given him for once; 3and let it not be that he
be entertained for any long time, unless he have a license ||.
[cymnger.'regis. W. cinsr, king's, lerit, vel adeo ebrius sit, ut nequeat
T.] (munus obire,) ministerium ejus ces-
+ [T jehpabep, et nihilominus. W.] set ad arbitrium episcopi. W.]
I [LiJ ppeojx la-pe unpilir harmed, [If a priest allow of, &c. T.]
oppepilpihpeunrpumer foppcre, oppe || [-\ f> ne gepeoppe bucon be leap-
to Uon bpuncen pe p he lie mage, nej-rc ha>bbe, '5aT lime man liens reop-
po he jnlle hip Segnungae op bipcopep nirge, et hoc lion fiat, nisi licentiam ha-
bom. Si sacerdos injustum concubitum beat, ut diutius sustentetur.W.]
permiserit, vel baptisma infirmi distu-
IORNBON. mr
 146 KING WIHTRED'S [A. D. 696.

1 That is, a monk : yet all clergymen were shorn, though not in so
ample manner as monks.
1 Mr. Somner read hsebbe, not nabbe, as Sir H. Spelman, yet unless the
Textus Roffensis be very clear for Mr. Somner's readiug, I should rather
choose Sir H. Spelman's, and turn this last clause thus, ' And that not with
out pay. Let him not have permission to be entertained for a long time.'
gepeopbe bucon I translate, ' without pay.'
[Addenda.] [Textus Roffensis hath not leaf before leapiep-e, and has habbe, not
nabbe.]
9. "If a man give freedom to a slave at the altar, let the
family be free; let him take his liberty, bhave his goods, and
a cweregeld, and protection for all that belong to his family
d though out of bounds where he pleaseth*.
Mr. Somner read pe for pc, in the first clause, and aenbe for snpe.
This last may be taken either as a termination of epj, or for ^ ; and how
ever you order it, the sense of the law is little affected by it.
[Addenda.] [There is a small interstice between a?pp and asnbe in Textus Roffensis.
So there is between several syllables, which yet certainly make but one
word ; as for instance, between Lipce and an in the first doom, which was
the occasion of Sir H. Spelman's making these points .'. between the
former and latter part of the word.]
b It is said, there never were any slaves in Kent before the Con
quest : this law is a proof of the contrary. Yet it seems to shew at the
same time that there were no slaves, but what, during servitude, had a
kind of property of their own, which was made more independent by their
manumission.
0 The lord or master had the weregeld due to the slave, or any of his
family, during servitude ; upon manumission it became their own.
d Slaves were confined within the bounds of the manor to which they
belonged. Freemen were under the king's protection, while they travelled
at discretion on the highway.

[Addenda.] 10. eIf [any] one that is a slave does [any servile] work
at his master's command on the f Sunday evening, after the
going down of the sun, till before the going down of the
sun on Monday evening, let the master make satisfaction
with eighty shillings f.

[Iiir. man hif man an piojrobe fuerit, extra fines regni.W.

rjieolr sere, reperolc-jpy, jrpeolrse- If any one give freedom to his man
jra age hir epjre aenbe pepjelb, -\ mun- at the altar, let him be folk-free ; let
be Sape mnna, pe ojrep meapce 'Seep the freedom-giver have his heritage,
he pile. Si quia mancipium suum ad and ' wer-geld,' and the 'mund' of his
altare manumiserit, liber esto apud family, be he over the march wherever
plebem ; manumissor possideat heredi- he be.T.]
tatem ipsius, et sestitnationem capitis, t[So Spelman and Wilkins,butThorpe,
et pacem talis (mancipii) ubicunque without alteration of reading, translates
A.D. 698.] DOOMS ECCLESIASTICAL. 147

" Mr. Somner read erne for ej-he, ha>re for hape, re bpihrne for be bji
[Mr. Somner's einendalions here agree with Textus Roffcnsis.] [Addenda.]
' It is obvious to observe, that Sunday evening here signifies what we
now call Saturday evening, and Monday evening what we now call Sunday
evening; and this is according to the Scripture account ; " For the evening [Gen. i.
and the morning were the first day," &c. 5.]

11. gIf a slave on this day doth [work] of his own accord,
let him make satisfaction for it with his master, witli six
shillings, or with his hide.
8 Mr. Somner here read, ba?p for pa?r, and turns beb hir pabs, proprio
motu idfecerit, in both which I follow him. Sir H. Spelman translates
the phrase last mentioned, itineraverit. See this phrase again, law 16.

12. If a free hservant [do this] at the time forbidden, let

him incur the penalty of the 'heals-fang ; and let the man
Jwho apprehends him have [half] the mulct and the work*. [Ed.]
h I read beop for bonne. And if this reading be not allowed, and bonne
be a mere expletive, yet this must, I conceive, be the sense of the law.
1 I retain the original word, because the sense of it is not certain. It
is certain that it signifies a neck-catch; but whether a pillory, which a
man might suffer without diminution of his freedom ; or a collar, which
was the badge of perpetual slavery, is not so certain ; but I incline to the
latter. Loss of freedom was a frequent punishment among the Saxons;
and this was the punishment assigned to the breach of the Lord's day.
See law Ine 3, to which Somner here refers, which shews that he was of
the same opinion. See also law 15, below, and my note upon it.
J Qui fundi dominus furrit, says Mr. Somner, but I rather choose to
read apaspe as one word, as Sir II. Spelman did, if we may judge by his
translation. Further, I read j>eopc, not peope, and I suppose this sentence
to refer to the three foregoing laws. See law 15.
[apape has the last syllable somewhat disjoined from the rest of the word [Addenda.]
in Textus Roffensis, yet I stick by my translation. The MS. hath clearly
peopc, not pe.]

13. If a husband, without the knowledge of his wife, make

orep bpyhtner heepe " contrary to his tempore vetito, sit reus collistrigii, et
lord's command," and, lxxx. rail, pe qui eum detulit, habeat mulctoe et ffisti-
bpyhrue sebete, " let him make a mationis capitis diimdium. W.
' bot' of lxxx. shillings to his lord."] "But if a freeman [so do] at the
[t/ijr rpnnan "Sonne an'S.nej-opbob- forbidden time, let him be liable in
enan nman, po he liealrpans rcylbrj, his ' healsfang,' and the man who de-
j re man re 1> apape, he age healp P tects him, let him have half the ' wite'
jnre ^ ft&z pepe. and the work" (peopc).T.]
Si liber homo autem (id fecerit)
 148 KING WIHTRED'S [A. D. 696.

an offering to a devil, let him incur the loss of all his pos
sessions, and also the heals-fang. If both make an offering
to a devil, let her* incur the heals-fang, and [the loss of] all
her possessions.
14. If a slave make an offering to a devil, let him make
satisfaction with six shillings, or with his hide.
15. kIf a man give flesh to his servants on a fasting-day,
1 let him redeem [himself from] the heals-fang, by making
his servant free t.
k Mr. Somner read rpisne for SP'Sne, and ^hypum for heopum, or be.
This last makes little or no odds.
[Addenda.] [Textns Roffensis hath heopum and ppisne.]
1 Sir H. Spelman omits healp-pans al\j-e, in his translation. Mr. Som
ner turns this clause, Servus liber exeat, [herns'] pretio eollestrigii id redimat.
But this inflicts a double punishment on the master,, which was more than
was done for breach of the Lord's day, law 10. But what is intimated in
Mr. Somner's translation, viz., that the heals-fang,J often denotes the known
price for buying off that punishment, is certainly true. The settled mulct
in this case, was, I think, sixty shillings ; this explains law 12. The mulct
there mentioned, and whereof he that apprehended the offender was to have
half, seems plainly to have been the money paid for buying off the heals-
fang.

16. If the servant eat [flesh] of his own accord, [let him
forfeit] six shillings, or his hide.
[The word ' also," expressed by Sir sol. fuiese asseruntGlossarium Spel-
H. Spelman, and perhaps unintention- manni, p. 277. From this and other
ally omitted by Mr. Johnson, is here authorities we may conclude that heals-
necessarytotliesenseofthetranslation.] fang at first meant a kind of pillory,
f [Siquisservis('Seopum) suisinjeju- not a collar for a badge of perpetual
nio carnem det, tarn liberis quam servis, slavery, as Mr. Johnson suggests in his
collistrigium redimat.W. second note on law 12. The punish-
Ii\j mon hif heopum in jraejxen flaerc inent itself, which as we learn from
gejre, jnijne je beopne, hair).11151: this fifteenth law of King Wihtred was
alyre. commuted as early as A.D. b'96, after-
If a man during a fast give flesh wards,fell into disuse, and in the later
meat to his family*, let him redeem, laws the word always means a fine,
free or bond with his ' halsfang.' T. ] which varied according to the degree
%[Healsfang, Halsfang, Healfang, of the offender. For the amount of the
r. Collistrigium vulgo piflorium. A Sax. thane'sandchurl'shealsfangrespective-
halr, id est, collum ; et jrangen compren- ly, see in Thorpe's A ncient Laws and In
here supplicii machina qua? rei collum e stitutes, Leges Regis Henrici Primi, c.
pegmatesublati,interduastabulascom- lxxvi. i and 6. Also p. 17, note h,
prehendit, populoque prsebet in igno- in the same book, and the Glossary at
miniosum spectaculum. Dicitur et the end of it For a description of a
ipsa mulcta pecuniaria, in commutati- Saxon pillory, see Strutt's Antiquities
onem hujusmodi poense, regi vel domino of the English, vol. i. p. 40, plate Id,
jurisdictionis erogata quam nonnulli 10 fig. 5.]
[heopum is the hipan, higan, hian of the later documents.T.]
A. D. 696.] DOOMS ECCLESIASTICAL. 149

17. Let the bishop's word, and the king's, be valid, with
out an oath.
18. mLet the senior of a monastery vouch for himself, with
the vouchment of a priest. Let the priest purge himself by
his own veracity, by saying thus in his holy vestment, before
the altar, " I say the truth in Christ, I lie not." Let the
deacon purge himself in the same manner.
m By this it appears that all heads of monasteries were not priests.
See Answers of Ecgbryrht, dccxx., 7, ll,&c.; and Canons of Cloves-hoo,
dccxlvii., 5. This is to be understood of heads of monasteries, and
priests charged with any crime. See law 3, above.

19. Let the clerk purge himself with four of his equals,
and one with his hand on the altar, the other standing by to
"bow at the oath*.
n Sax. abycgan, qnasi, abijan, or abugan, they bowed, or stood in a devout
posture, to shew that they joined in the oath.

20. Let the "earlf purge himself by his own oath on the
altar, as likewise the king's thane.
0 I have ventured here to put gep> for gerr. Not but that guests, or
strangers, were by other old laws permitted to purge themselves by their
own oaths, but because the person to whom this privilege was granted, is
here placed before the king's thane ; whereas when the laws grant this pri
vilege to strangers, the cause of it is hinted, viz., that they were poor and
friendless.
21. Let the common man [purge] himself by four of his
pequals, at the * altar, and let the oath of all these be valid.
r Then is ecclesiastical vouchment right.

hearob-gemacan, Sir H. Spelman turns, here and law 19, demisso capite,
by mistake.
i My reader will observe, that all these oaths of purgation were made by
laying hands on the altar J; they observed the like form in taking oaths

[Ehpoc yeoppa pum hine clffinjne f [sepih, 'comes.'W. gept, 'atran-

hip hearob gemacene, } ane hip hanb ger.'T.]
on piopobe, otne aet pranben aj> abyc- X [In the Glossary to the Ancient
Jan. Clericus quatuor compurgatori- Laws and Institutes, under the word
bus sui similibus se purget, et una 'Oath At!,' is the following passage:
manu ad altare, altera ad juramentum " The expression, jurare vianu sezta,
prsstandum applicata. W. duodecimo, &c, has reference to the
Let a cleik clear himself with four number of consacramentals, 'porrectis
of his fellows, and he alone with his namque manibus jurabant, tentisque
hand on the altar, let the others stand sacrosanctis evangeliis, aut altari, aut
by, n.ake the oath.T.] etiam, quod frequentiwimum erat,
150 KING WIHTRED'S [A. D.696.

concerning temporal matters of moment, and therefore even in their great

est courts of judicature, they did not always absolutely determine matters ;
but left them to be decided by the oaths to be taken at the altar of the
bishop's church, or at some other great monastery. The church of Canter
bury being the chief, therefore Gervasius Dorobernensis * says that there
the archbishop determined such controversies, as could not be decided in
the king's court. See Somneri Glossarium, Suth-duret; and Dissertatio
Epistolaris, p. 80} ; Sir H. Spelman's Councils, vol. i. pp. 334, 335 . The
sanctorum reliquiis. Bignon. nota ad allum baem piotum.T him mon pone
Form. Marculli, lib.i. c. 38. This prac gelasbbe ymb xxx na?l>ra ro pa?m bip-
tice was general among the Germanic cop-jrole aet Wigoepna-Leartpe.
nations. Hoveden (anno 1194) men Dissert. Epist., p. 80.]
tions that the bishop of Ely, in his re [Synodale conciliabulum Clovea-
conciliation with the Archbishop of hovia? celebratum 3 cal. Novembrium
York, was required to swear ' cum een- an. Dom. 824. " Statuta autem at-
tesima manu sacerdotum ;' and among que decreta ab archiepiscopo et omni
the Welsh we find a purgation requir sancta synodo ilia consentienti ut
ing three hundred consacramentals episcopus qui mouasterium et agellum
(trecentesima manu). See Spelman cum libris liabetet, cum juramento Dei
voce Assath."] servorum presbyterorum, diaconorum
[" Deinde sub medio longitudinis et plurimorum monachorum sibi in
aula? ipsius dua? turrcs erant prominen- propriam possessionem terram illam
tes ultra ecclesia? alas. Quorum una qua? cum adjuratione adjurasset Et ibi fi-
in austroerathonorebeatiGregorii papa; nita et pioscripta ilia conteutione coram
altare in medio sui dedicatum habebat episcopo post 30 noctes ilium jura-
et in latere principale ostium ecclesia?, mentum to Westmynstre deductum est."
quod antiquitus ab Anglis et nunc usque /Et pam ai>o pa?p a;t permynjrpe
autlibure dicitur. Quod ostium in epen prnr, mepre Ppeorta -) 10 biaco-
antiquorum legibus regum suo nomine nap -\ ealpa o'Spa Ppeorra pixtij; -)
exprimitur. In quibus etiam omnes hunb teontig. Id est, ad prcestationem
querelas totiusregni qua; in hundredis istius juramenti Westmouaslerii adfu~
vel comitatibus, uno vel pluribus, vel erunt missales quinquaginta presbytcri,
certe in curia regis non possent le- et decern diaconi, et presbyteri alii cen
galiter diffiniri, fincm inibi sicut in curia tum et sexaginta.Sir H. Spelman's
regis summi sortiri debere discernitur." Councils, vol. i. pp. 334, 5. Ac
Gervasius Dorobernensis de combus- cording to Dr. Hickes's emendation,
tione et reparatione Dorobernensis ec (Dissert. Ep., p. 81, note,) Westmynstre
clesiae inter Scriptores X., p. 1292.] is here put by mistake for Wygoerna-
f [Mr. Somncr, after quoting the ceastre, that is Worcester. Sir H. Spel
foregoing passage of Gervase, remarks, man adds (p. 336) the following note.
11 Ad Ordalcum forte respicit, quod et Ha?c omnia (praeter versiones quas
Dei judicium dictum, et in ecclesia nos dedimus) e vcteri habesMS. codice
semper absolutum. Amplius tamen Wigornensis Ecclesia?. Afta autem
inquirendum." GuL Somneri Glossa (id est jusjurandum sive sacramentum)
rium ad Script, X.] appellabant Saxnnes nostri, litiuraillud
J [Accedat charta autograpba So- dirimendi genus, quo ex consacramen-
mersiana, quam anno Christi Dcccxxv., talium (uti vocant) assertione, de liti-
et indictione sccunda notatam, inte gatis cognoscebant et judicabant. Et
grant exhibeo, quum quod in antiquo fuit hoc quidem de more potius juris
Saxonico scripta est ; turn quod non- canonici, et ad compurgatorum simili-
nullorum, qua? solenniter acta sunt tudinem, quam juris nostri munici
in concilio, vel synodo apud Cloues- pals, duodecim viralium juratotum.
hous originalis commentarius est ; Hinc in privilegiis Edmundi Regis,
Da gepa'hre Wulrpeb apcebircop, -] Glastoniensi Ecclesia; datis; ' Conce-
alle ba pioran per re bircop -j ha higen do* (inquit inter caetera) ' Athas et Orde-
moreen nub ape gecythan bet lnr pua las,' id est, potestatem decernendi lites
apa?ben pepe on vEpelbalbej* bage, -j per cxamen sacramentale et per orda-
him majie ro ne polite. Anb he pa lium, hoc est perignitumfcrrum,aquam
pona pe bircop bepoebbabe Cabpulre calidam vel aquam frigidam. Sa?p
'b'a?m albopmen )>a?p apes biropan ad hunc modum in antiquis legibus.]
A. D.696.] DOOMS ECCLESIASTICAL. 151

privilege of giving such oaths was sometimes granted to monasteries by

royal favour.
r Mr. Somner had restored these words to this law, whereas Sir H.
Spelman prefixes them to the twenty-second ; but Mr. Somner deletes
what he had written to this purpose*. [Doom 20, 21. There is a [Addenda.]
transposition of the clauses of these laws in Textus Roffensis too odd to be
clearly described in a few words. Sir H. Spelman has clearly set it right ;
and the MS. itself gives dark marks or items of the true series of the words.
But it is to be observed, that there are no numberings nor breaks in the
MS., (save one in the transposition,) therefore Sir H. Spelman used his own
discretion in putting those words at the beginning of the twenty-second
doom which I think to belong to the twenty-first.]
22. If a man impeach a servant of the bishop, or of the
king, 'let him purge himself at the reeve's handf; or let the
reeve purge him, or deliver him to be scourged.
Mr. Somner translates this, in manum propositi turn deducat ; but
cu'iinc certainly signifies to vouch, or purge by oath, in all these laws ;
therefore either the reeve (that is, the steward) was to administer to the
servant the oath of purgation, by causing the servant to swear with his
hand laid upon his own, or, which is more probable, to be his compurgator,
by laying his hand on the altar { together with the servant ; though by what
follows it appears, that the reeve's oath alone was sufficient. But by this
and the twenty-fourth law, it should seem that servants were not allowed
to be compurgators to each other. Here again Mr. Somner crosses out
Sir H. Spehnan's translation.
23. ' If one impeach a servant of God, being a man of
their own convent, let his lord purge him upon his single
oath, if he be a u communicant : if he be not a communicant,
let him have another good voucher with him, at [taking] the
oath : else let him deliver him to be scourged .
1 Mr. Somner read tobej- J>eopne, not Eeber beupne, as Sir H. Spelman.
maj>e is to be read in aj>e.

[Wilkins'prefixei the words Danne ne, oJ>be gelbe, obbe relle to rpinganne.
if opican canne pilit, ' ecclesiasticum ' Si Dei servitio serviens in conventu ac-
cognoscendi jus autem est,' to law 22, cusetur, dominus ipsius eum uno jura-
but Thorpe appends them in the same mento purget, si sacra eucharistia uta-
sense as Johnson to law 21, which is tur ; si sacra eucharistia non utatur,
probably their true place.] babeat in juramento alium fidejusBO-
t [caennehwean Jepejran hanb, 'ad rem bonum, vel solvat, vel tradat se
manum propositi eum ducat,' W. ' Let flagellandum.'W.
him clear himself by the person of the " If any one make plaint against a
reeve.'T.] priest's ' esne' in their congregation,
X [See note J, p. 149, 50.] let his lord clear him with his sole
[Iiif man tober fteopne ej*ne in oath, if he be a communicant ; if he be
heopa gemanje eihte, hip bpyhten not a communicant, let him have with
hine hip ane abe geclaenpie, pp he hurl him in the oath another good ' oswda ;'
Senga pie, gip he hupl genga nip, or let him pay, or give him up to be
lixbbe lum in abe cbepne apban gob- scourged."T. Mr. Thorpe reads Le-
 152 KING WlHTRED's [A. D. 696.

n Mr. Somner turns hurl-senga, pater familias : but be crossed it out

again, when he was better informed. See the next note, aspba is used in
the laws of Lothere and Eadric, for a voucher or compurgator *.

24. If a common man's servant impeach the servant of an

ecclesiastic, or an ecclesiastic's servant the servant of a com
mon man, "let his master purge him upon his oath.
x It cannot be supposed that a servant should have the privilege of a
priest, or a thane, that is, to be purged by his own oath ; therefore I con
ceive it was the master's oath by which ths servant was to be purged ; and
by parity of reason in the foregoing law, the monk, though a servant of
God, was not to be purged upon his own oath, but by the oath of his abbot.
And perhaps all abbots that were laymen were not communicants.

25. y If a layman be slain in [committing] theft, let him

lie without a weregeld.
y Here I follow Mr. Somner, and the words seem incapable of any other
sense.

26. If a freeman be taken with stolen goods upon him,

then let the king command one of these three things ; either
that he be put to death, or sold beyond sea, or ransomed for
his weregeld. Let him that takes and 'overpowers him, have
half [the value of] him : if a he be killed, let seventy shillings
be paid bthem.
Mr. Somner read serange, but gesanje seems the most apposite word;
yet the difference is not great f.
[Addenda.] [Textus Hoffensis hath sejan^e.]
a Comprehensor, the thief-taker, says Mr. Somner.
* Viz., the surviving relations, or family of him that is slain.

27. If a slave steal, che may be ransomed for seventy

shillings, dor sold beyond sea, whithersoever the king will.
If he be slain, let half [the value] of him be paid to the
owner J.
bep-beupne, but supposes the former be hi man healpne ajelbe. " If a
of the two words to be a mistake for theow' steal, and he be re leemed, lxx.
Lobep.] shillings as the king may choose; if
* [See Leges Anglo-Saxonicae any one slay him, lot half his value be
?. 8, note b j and Ancient Laws and paid to the owner."T.
nstitutes, p. 12, note a.] "For hi," Mr. Tliorpe says, "we
t [sefanje, " comprehenderit," W. no doubt ought to read hi, the contrac-
Sesanje, " shall secure," T.] tion for hine." And adds, " It will be
\ [Lir- beup jrele -j hi man alere seen by the context that the transcriber
lxx. rail, rpa hpeHSep rpa cyning has made an omission here, though
pille, gij hine man acpelle, bam agen- there ia no hiatus in the MS."]
 A.D.696.] DOOMS ECCLESIASTICAL. 153

c -j here seems perfectly superfluous, or else it may be turned, yet. Read

twice linn mon, for himan.
d SirH. Spelman hath omitted the following words in his text, viz.,
obbe oren rae relle, which Mr. Soraner hath supplied.
28. If a far-comer or stranger go out of the road, and
neither scream nor e blow a horn, he is to be 'condemned for
a thief*, either to be put to death, or ransomed f.
c Blape, Somner, not blaj>.
f Sax. co ppojian, which Mr. Somner thus explains, pro Jure (id est ut
furti suspectus) in queestionem vocandus, vel/urti arguendus est ; and delet
ing Sir H. Spelmun's relegandus, (as he injustice did,) he instead thereof
says, redimendus, vid. leg. Ine 20, absolvendus liberandus, secundum negotii
erentum, vel pro qucestionis exitu. But I take the words of the law to be
peremptory, that the traveller, for this omission, is to be proved, convicted,
or condemned as a thief.
[I am con Brined in my opinion, that this law makes the person, that meets [Addenda.]
the stranger in this case, his judge and executioner ; because the parallel
law of King Ine does so. The former part of Ine's law is the same with
this, save that after road it adds geonb pubu, "through the woods." But the
words of Ine's law after " put to death or ransomed," are as follows, " If a
weregild be demanded for the party slain, he may answer that he killed him
for a thief}."]

N.B. This, and some other laws, are indeed merely temporal ; but be
cause the main of them were concerning the Church, and religion, therefore
I was willing not to part these few civil laws from their old company, and
have given my reader the whole body of them. And though I cannot an
swer for the exactness of the translation as to every punctilio ; yet I may

[" pro fure comprobandus est." W.] |.ij> en ppopiaune, obbe eo pleanne obbe
f [Lip peoppan.cuinen man, oJ>J>e co aheranne.
rp;*mbe, buron peje Sanfce, -\ he bon
ne napftep ne hpyme, ne lie hopn ne F A MAN coming from afar found
blape, pop beophe li5 co ppopianne, 0UT OF THE highway.
obbeco pleanne obbeco alypenne. 20. If a far-coming man, or a
"If a man come from afar, or a stranger, journey through a wood out
stranger, go out of the [high] way, and of the highway, and neither shout nor
he then neither shout nor blow a horn, blow his horn, he is to be held for a
he is to be accounted a thief, either to thief, either to be slain or redeemed,
be slain or to be redeemed."-T.] OFSLeKNeS
X [The following is the parallel pas-
sage of King Ine's laws, as given and CDONNeS UJeRC
translated by Mr. Thorpe. xxi. Lip mon >aep opplsejenan pepep
bibbe, he moc Jecyftan }> he hine pop
beop oprloie.
BB FCORRSX LUCDCNUCD ODCN * "
BUT5TN ujeLe neccerroN. A MAN'S '' THUS SLAIN-
21. If a man demand the 'vier'of
xx. Lip peop unb mon obbe ppembe the slain, he must declare that he slew
bucan pege gennb pubu SonSe, T ne him for a thief.See Ancient Laws
hpieme ne hopne blape, pop beop he and Institutes, p. 50.]
154 KING WIHTRED's DOOMS ECCLESIASTICAL. [A.D. 696.

dare presume to say, that as to the main, the reader has the sense of the
law-makers. Our countryman Mr. Lambard, who first published the other
Saxon laws, yet never attempted the most ancient of them, and those which
were first made for the government of his own native province, and quon
dam kingdom ; or if he did attempt it, yet never perfected his enterprise.
Sir H. Spelman published these laws of Wihtred, and three of King
Ethelbert's. Laet of Antwerp translated all the eighty-nine laws of Ethel-
bert, and the sixteen of Lothere and Eadric, which were published by Dr.
Hickes, in his Dissertatio Epistolaris, from a copy belonging to the right
reverend the present bishop of Lincoln *. I wish the possessor of them
would give us a more perfect translation than that of Laet : no man can
do it better. I thought fit to give these laws of Wihtred an English ver
sion, and insert them in this place, as being a very notable specimen of the
piety of our ancestors, when they were first growing into civil life.
[Edmund Gibson, D.D., bishop of Lincoln A.D. 1715 1720, and bishop
of London A.D. 17201748.]
 A.D. DCCXXV.

LAWS OF SATISFACTION, FOR VIOLATION OF ORDERS.

Preface.

After the laws of Wihtred, in the Textus Roffensis stand

these rules for satisfaction, to be made by those who violated
holy orders, by killing or laying violent hands on clergymen ;
by which it seems probable that Ernulf, who was the com
piler of that Textus, took it for a work of this age. I am
sensible that John Brompton, and others, place these rules
after the laws of King Ethelstan, in the tenth century : and
it is probable that they might then be re-enacted, and that
they were the English law in cases relating to this subject,
till the pope took the affair into his own hands, in the tenth
or the eleventh century. They might be made in the coun
cil of Berghamsted, though not perhaps on the same day or
session that the other were ; or they might be made in some
of the following years of Wihtred's reign, and afterwards be
received in other of the English-Saxon kingdoms, by the
influence of Brihtwald, or his successors in the see of Canter
bury, and at last by the whole united kingdom of England.
However, for want of a certain date, and to distinguish them
from all other laws and constitutions, I place them in the
last year of King Wihtred.
 A.D. DCCXXV.

Saxon. The gifts of the Holy Spirit are sevenfold, and there are
Sir H.
Spelman, seven steps of ecclesiastical degrees, or of holy orders, and
vol. i. p. God's servants ought seven times every day to praise God
206.
[Wilkins, in the Church, and earnestly to intercede for all Christian
vol. i. p.
62. people, and it does in strict justice "concern all the friends of
Thorpe, God, that b they love and honour God's Church, and to give
p. 393.] peace and protection to God's servants ; and let him cwho
hurts them in word or deed, with diligence make satisfac
tion sevenfold, in proportion to the deed, and according to
the order [of the injured person] if he desires to merit
God's mercy.
' Mr. Somner here expressly alleges the Textus Roffensis, and corrects
Sebpijejj, by writing jebipeb.
[All Mr. Sumner's emendations of these laws or rules, to the best of my
observation, agree with the Textus Roffensis, save that in the last clause
but one the Textus hath mibemunse, not mije.]
" hy, not by.
e be, not pe.

1. For whatever is consecrated, orders, dand God's hal

lowed house, ought diligently to be honoured, for the fear of
God *. And if there be e loss of life, then let satisfaction be
made with one pound, for [the violation of] orders in the
first degree, over and above the weregeld [of the person
murdered], and let the matter be compounded with religious
satisfaction f.
d Sir H. Spelman puts the foregoing words of this paragraph to the end
of the former: Mr. Somner rectifies this, and for aman, read man \.
' It is to be observed, that the weregeld for the priest, or clerk, was
originally according to his birth, without any regard to his order ; now to
make some di fference between the murder of one iu orders, and of a common
man, these rules were provided:
[The whole sentence is placed by ' bot,' (Et ad compensationem ordinis
Mr. Thorpe at the end of the preface or violati. W.) See Ancient Laws, p.
first paragraph, to which it naturally 393.]
belongs, so as to make this law begin, t [t mibjobpe bote 'Single Jeopne, et
like the seven that follow it in the cum pia satislactione veniam ille ex-
Saxon text, with the word*, oret sedulo. W.]
Anb co habbote,And for order J [aman. T.]
A. D. 725.] LAWS, &C, FOR VIOLATION OF ORDEES. 157

1 . The first order was that of the ostiary : 1 over and above the
weregeld was to be paid for the murder of him.
2. And let two pounds be paid as satisfaction for violating
orders in the second degree, if there be loss of 'life, over and
above the g weregeld, together with religious shrift.
2. The second order was that of the lector : 2 was to be paid for his
murder, over and above the weregeld.
' Mr. Somner read reoph, not reopJ>.
And pcpe mc >am, not rer pepe )>am.

3. And if it be a full violation of orders in the third degree,

let the satisfaction be three pound over and above the were
geld, beside h religious shrift.
3. The third order was that of the exorcist: 3 was to be paid for his
murder over and above his weregeld.
h Mr. Somner read nub gobcunban, not ungobcunban.

4. And if it be a full violation of orders in the fourth

degree, four pound over and above the weregeld, ' [beside
religious shrift.]
4. The fourth order was that of the acolytli, for whose murder 4 was
to be paid, &c.
1 This is omitted in the Saxon, but is in the Latin, and analogy
requires it .

5. And if it be a full violation of orders in the fifth degree,

five pound, [over and above the weregeld,] beside religious [Ed.]
shrift.
5. The fifth order was that of the sub-deacon : for whose murder
6, &c.

6. And if it be a full violation of orders in the sixth

degree, let it be six pound satisfaction, [over and above [Ed.]
the weregeld,] beside religious shrift.
6. The sixth order was that of the deacon, for whom 6, Sec.
7. And if it be a full violation of orders in the seventh
degree, let it be seven pound satisfaction, [over and above [Ed.]
the weregeld,] beside religious shrift.
7. The seventh order was that of the priest: for whom 7, &c. If a
bishop were murdered, the case was singular, and the mulct, penance, or
other punishment, was determined by public consultation.
[mib girbi-ui.ban jvpijre, W. T. ' with ecclesiastical shrift'T.j
158 LAWS, SCC., FOR VIOLATION OF ORDERS. [A. t). 725.

And when orders are violated in part only *, let diligent

satisfaction be made in proportion to the fact. Just doom
must be according to the fact, and k moderation, according
to the condition [of the offender f] ' both in regard to God
and the world J.
k For mebennrge, Somner read mebemige.
1 Both in regard to God, and the world, is a phrase frequently used in the
Saxon laws and monuments, and signifies, both in regard to the spiritual
or ecclesiastical, and the secular or temporal jurisdiction. And for most
crimes men were answerable to both.

One share of satisfaction made for [violation of] orders,

belongs to the bishop, a second to the m altar, a third to the
n fraternity.
m For the support, adornment, and furnishing of all things for the
service of that altar, at which the murdered clergyman attended. But
certainly it was contrary to primitive custom to apply the price of blood
to such uses.
* Whether voluntary gilds or fraternities were yet in use, I dare not
say ; but in after ages, if not now, clergymen combined with clergymen,
monks with monks, and many monasteries entered into mutual assurances
with each other to promote the spiritual and temporal good of every single
member, both living and dead, and for this purpose held frequent assem
blies ; nay, clergymen and laymen of all ranks entered into associations for
the same purpose, and this continued after the Conquest. If there were
now no such fraternities, then this rule must be understood of the bishop's
family, the monastery, college, or lesser church to which the murdered
clerk belonged : and I conceive there were few churches but what had a
number of clerks, if not of priests, attending in it in this age . See the
year dccccxl.

[That is, when injury is done to God's houses and God's servants firmly
a person in orders short of loss of protected."Ancient Laws, &c, p.
life.] 394.]
t [mebemunj; be nuebe, moderan- [This explanation is confirmed
dum juxta dignitatem.W. Mitigation by the use of the word gereprcipe,
according to the degree.T.] 'fraternity,' in King Alfred's transla-
J [Mr. Thorpe here adds from a tionofBede. Adsumpserunt cum elec-
MS., supposed to be ofthe eleventh cen- tione et consensu sanctae Ecclesise gen-
tury, a paragraph which he thus trans- tis Anglorum, virum bonum et aptum
lates, "And wise were those secular episcopatu presbyterum nomine Vighar-
witan' who to the divine laws of right, dum, de clero Deusdedit episcopi ;
first added these laws, for a guide to oj gejrepjxipe 'o'ser bij-ceopep Deor-
the people ; and reverenced, for love of bebrc. Hist Eccl., lib. iii. c. xxix. pp.
God, sanctity and holy orders; and 138, 561.]
 A.D. DCCXXXIV.

A SUCCINCT DIALOGUE OF ECCLESIASTICAL INSTITUTIONS,

BY THE LORD ECGBRIHT, ARCHBISHOP OF YORK.

Preface.

Paulinus converted the Northumbrians, and became the

first archbishop of York, A.D. 625 ; but upon the death of
his patron, King Edwin, in the year 633, he was forced into
Kent, by the invasion of neighbouring princes, and con
tented himself with the bishopric of Rochester, for the
eleven remaining years of his life. After him there was
a succession of eight bishops of York, who enjoyed not the
dignity of metropolitans, nor received any pall from Rome.
In the year 734 Ecgbriht was consecrated to this see,
and procured the pall, though not without considerable
difficulty, and exercised the authority of a metropolitan
for above thirty years together. [Therefore from this [Addenda.]
time forward the kingdom of Northumberland is to be
esteemed a distinct province from that of Canterbury.]
His brother Eadbyrht reigned king of Northumberland
during a considerable part of this time. Yet there is rea
son to believe that his superiority in knowledge gave him a
greater reputation than the eminence of his birth. Bede,
indeed, though but a monk and priest, very much exceeded
him in this respect ; but he died soon after Ecgbriht's ac
cession to the see of York, though he lived long enough to
write him a letter of advice* upon his advancement to the
metropolitical chair; and then there was none, probably,
in England, that equalled him in learning. And indeed
all orders of men were scandalously illiterate ; which made
Ecgbriht seem a prodigy. Alcuin, one of the greatest men
[Venerabilis Beds epistola ad Ecg- above preface is quoted from, " In the
berctum antistitem. Smith's Bede, pp. year 734," to the word " transcribers."]
305 12. In Wilkins' Concilia the
160 PREFACE.

in the next age, calls him his master, and desires Charles the
Great, then emperor, to send young men to York to tran
scribe the manuscripts left there by him.
It cannot with any certainty be said what was the occasion
of his writing and publishing the following dialogue : what
seems most probable is, that some one or more bishops had
drawn up the questions, with a design to propose them to a
provincial synod, or rather to a national one, as one would
think by the last question : these were put into Ecgbriht's
hands, to the end that he might procure a public authorita
tive answer to them, in a council assembled for this purpose :
but he either not being able to obtain a council, or thinking
it to little purpose to ask the advice of other bishops, in
points which they so little understood, resolves to answer
them himself, and returned the answers, with the questions
prefixed, to the hands from which he had received the en
quiries : and this he did, probably, before he had obtained his
pall from Rome, for he does not speak with the authority of
a primate, for which reason I place them in the first year of
his consecration. If these questions had actually been laid
before a synod, there is little reason to doubt but the answers
would have been much the same with these of Ecgbriht : for
one or two such extraordinary persons carried all as they
pleased in the ecclesiastical assemblies of this age ; therefore
I look on this dialogue and his excerptions to be of little
less authority than if they had received a synodical sanction.
However, the answers will give us considerable light into
the notions and practices of a very dark age : and we have no
reason to doubt but that they are genuine, though they have
suffered much through the injuries of time and transcribers.
They were first published at Dublin, by Sir James Ware,
in the year 1664, inter opuscula Bedse*.

[Venerabilis Bedae Epistolae duae, logue of Archbishop Ecgbright from

necnon Vitae Abbatum Wiremuthen- MS. Cotton. Vitellius A. xii. 1 ; the
sium et Girwiensium. Accessit Eg- same copy which was used by Wilkins,
berti Archiepiscopi Eboracensis Bedae Concilia, vol. i. pp. 826 ; and Thorpe,
aequalis Dialogus de Ecclesiastica In- Ancient Laws, &c.,3205. Johnson's
stitutione. In lucem emisit et illus- translation has been compared witli the
travit Jacobus Waraeus Eques Auratua. two last-named editions, and thevaria-
Dublini, A.D. mdclxiv. See pp. 91 tions are stated in the notes. J
114. Sir James Ware published the Dia-
 A.D. DCCXXXIV.

ANSWERS OF ECGBRIHT.

Preface to Ecgbkiht's Answers.

In the front of this writing, we beseech your venerable Latin.

sanctity to receive with a grateful mind and an edifying vol i'p^sa*.
charity, whatever directions, attested by sacred books, we Thorpe, p.
give you in relation to the pontifical care j and if any of
them are acceptable to you, let them be confirmed with the
hand-writing of you, my brother. But if any of them seem
disagreeable to you, do you, as a discerning reader, insert
what you think more to the purpose. And after the infor
mation, which we now send you in writing, we desire the
advice of your beatitude's letters ; that by thus exchanging
of parchments, we may be knit together in charity, and in
the same sentiments : and that you, my brother, may make
a more certain judgment, we lay before you at once the
questions and the answers.

I. Question.
Of what availment is the oath of a bishop, priest, deacon,
or monk, in case of necessity ?
Answer.
Let the orders aforesaid have the privilege of verifying
matters upon oath, according to the degree of their dignity;
the priest after the rate of" one hundred and twenty plough-
lands ; the deacon after the rate of sixty ; the monk after
the rate of thirty : but this is [meant] of criminous cases.
Further, when a dispute arises concerning the bounds of
lands, the priest, by his own attestation upon oath, may
convey to the right of the Church one plough-land ; the
same is allowed to two deacons; and the testimony of three
monks is sufficient to the same purpose.
162 ANSWERS OF ECOBRIHT. [A. D. 734.

1 Tributaritu and martens signified the tenant to a plough-land, or the

plough-land itself. Bede uses familia in the same sense, as where he
says the Isle of Thanet contained six hundred familia* ; we must exclude
Stonar, as then under water. If the remaining seven parishes have four
thousand acres each, yet this will make but five hundred and ninety-five
familia, at fifty acres per familiam. But I take it to have been little
more than half this, while the marshes were under water ; and that there
fore a plough-land was then under thirty acres, one hundred and twenty
of these was theu the greatest rate at which any subject was laid.

II. Question.

Whether a priest [or] deacon may be witnesses of the last

words of dying men, concerning their estates?
Answer.
Let him take with him the two or three, by whose testi
mony every word may be established; lest the kindred of
the deceased, out of covetousness, contradict what is said by
the ecclesiastics, if a priest or deacon should only give his
testimony.
III. Question.
If a priest, deacon, or monk is impeached for some nefan-
dous crime, without any evident proof, by what means shall
they be purged, if they are innocent ?
Answer.
Since the testimony of two or three witnesses is to be re
lied upon, lest we should oppress him that is without sin, by
too severe a sentence, and innocence should be crushed by
our making a difficulty in relation to the witnesses, let it be
allowed to every one who is under the [ecclesiastical] rule,
to produce witnesses of the degrees of priest, deacon, or
monk, for the purgation of himself, when he is accused.
Two or three of these, such as he can procure, are abun
dantly sufficient.
orf the fear
Let him
of the
that
accusers,
wants compurgators,
be sufficient ofthrough
himself

[Est autem ad orientalem Cantiae c. xxv. p. 60.]

plagam Tanatos insula non modica, id f [No hiatus is marked in the e.li-
est maj;nitudiiiis juxta consuotudinem tions of Ware, Wilkins or Thorpe;
aEstimationisAnglorumfamiliarumsex- probably ' vel' in the original is redun-
ceutarum..Bede, Hist. Keel., lib. i. dant]
A. D. 784.] ANSWERS OF ECGBEIHT. 163

alone, for the defence of his own innocence, if the eyesight

of the witnesses, or children born do not prove him guilty ;
for it is scandalous that either the wickedness of priests
should increase through neglect, or that innocence should
be oppressed through defect of the law; therefore we ordain,
that he who is impeached for any crime, do put the Lord's
bcross on his head, and testify by Him that liveth for ever,
who suffered upon the cross, that he is clear from that crime;
and thus all things are to be left to the divine judgment.
b It appears, that in the province of Canterbury, the oath of purgation
was to be made by laying the hand on the altar. See Wihtred's 19th
law. Yet it is probable that Theodore used to swear men on the cross,
for Burchard cites his Penitential to this effect, viz., " He who forswears
himself by the hand of the bishop, or by a consecrated cross, is to do three
years' penance ; he that forswears himself by an unconsecrated cross, one
year's." See Petit's Theod. Penit., p. 77 .

IV. Question.
If a priest or deacon, upon examination, be found guilty,
what cautionary means must diligent pastors use, that when
they are removed from their office, they may not presume to
minister in another diocese, to the scandal of some ?

Answer.
If a priest or deacon, being cejectedf by his proper bishop
for his manifest crimes, presume to minister in another
church, let him be expelled by the bishop of that diocese,
as soon as it is known; and so J let him not be settled in
any mansion of the churches, but be always a wanderer and
vagrant, till, being humbled by long affliction, he returns to
undergo the law of the Church.
c I read ejectus, not electus.

V. Question.

What have we to say concerning sacred ministrations, per-

[Qui pejerat se in manu Epi- + [ejectus. MS. legit electus, W.T.]
scopi, aut in cruce consecrata 3 annos J [Etsicperomnessedesecclesiarum
poeniteat Si vero in cruce non conse- nunquani stabilis, semper vagus et pro-
crata, annum unumpceniteat.Theod. fugus versetur.W. T.]
Penit. ed. J. Petit, p. 77.]
L 2
 164 ANSWERS OF ECGBRIHT. [A. D. 73*.

formed by a corrupt priestd before he is convicted; or

which he unduly performs by usurpation, after he has been
convicted ?
[Addenda.] & [By " a corrupt priest" we are here to understand such an one as was
afterwards called " irregular," that is, who took orders while he was under
some canonical impediment ; as, for instance, if he had before done public
penance ; if he had entered into a forbidden marriage; if there were any
defect in his body or in his birth.]

Answer.

We believe the ministrations which he, being unordained,

performed, by usurpation of the priesthood, among people
who were ignorant of it, ought not to be set aside. While
his guilt was known to himself alone, he did not hurt others
by badly administering good offices. But how can any be
nefit, which was not his to bestow, be imparted to him who
knew the impediments, and that they were not all wiped off
e : he gives, by his depraved offices, what he
has, that is, that he who partakes with him should incur the
same sentence of excommunication. But this ought not to
be understood of baptism, which ought not to be repeated ;
but other ministrations performed by an unworthy man,
seem not to be valid*.
The following words here omitted, as unintelligible, are, Quam ipse ac-
cipere potest damnalionem, uliqite jui per.

VI. Question.
Whether a priest or deacon, going away without consent
of his prior1, may minister in another diocese?
' This word here seems to denote any head of a monastery, and it seems
probable that they had few or no priests, or clergymen, in Northumberland,
in this age, but monastics.

[Ministeria vero, quae usurpato cipere potest damnationem, utique qui

nomine sacerdotis non dicatus igno- per quod habuit per prava officia dedit,
rante populo peregit, mininie credimus ut ejus particeps siniilem sortiatur ex-
ahjicienda. Nam male bona minis- communicationis sententiam. Sed hoc
trando ipse sibi reus, aliis non nocuit. de baptismo accipi fas non est, quod
Scienti autem causas minime detersas, iterari non debeat. Reliqua vero min-
et qui tamen particeps factus est dam- isteria per indignum data, minus firm
nati, quomodo tribuitur ei perfectio, videntur.W. T.]
quae in dante non erat, quam ipse ac-
a. ix 734.] answers of ecgbriht. 165

Answer.
We look on a deserter of his own church as forbidden to
minister in another; and that he who does so minister,
should be removed from his office till he be reconciled to his
own church.
VII. Question.
If one of any dignity whatsoever do wickedly dare to re
ceive a runagate clerk or monk, what, beloved brethren, do
ye decree in relation to such ?

Answer.
"Whatever brother, contrary to the prohibition of the vene
rable canons, receives a runagate clerk or monk, without
pacific letters, and when convened obstinately persists in it,
let him pay what is appointed8, viz., thirty siclesh ; fifteen to
the bishop, fifteen to the abbot whose monk he received
without consent of his own prior. Let him dismiss the run
agate, or be excommunicate, and run the risk of paying
more. Whoever of those laymen1 who are known to pre
side over monasteries, receives such a runagate, that does
not belong to him, let him pay the appointed dues, that is,
ten sides to the king, [ten to the bishop*,] ten to the [Ed.]
abbot whose domestic he had received without consent of
the Church ; and let him abandon the runagate, or else pay
as much as he did before, and afterwards let him be excom
municated till satisfaction be made ; that so obstinate men,
who fear not God, and despise the sentence of excommuni
cation, being condemned to the loss of part of what they
have, may not attempt things contrary to the statutes. Let
these determinations be in force against those monasteries of
virgins which are under the rule.
f Quad ttatutum est. This plainly implies that laws had been made,
and particularly in the province and kingdom of Northumberland, whereby
mulcts were laid upon such as were delinquent in this case ; yet Cede
takes no notice of any public, civil, or ecclesiastical assembly, in which a
law of this kind could be made.
h See note on the next answer.
[X. vero fpiscopo loci, W. T.]
 166 ANSWERS OF ECGBRIHT. [A. D. 734.

1 It is evident from this and other evidences, that monasteries were

grown so rich, that great seculars thought them too good for ecclesiastics,
and therefore usurped them to themselves, either as heing heirs to the
donors or founders, and so pretending it belonged to them to see that the
estates were not misapplied, or by the prevalence of the temporal powers,
or by direct temporal right, as one would think by Answer XI. Bede, in
his letter to Ecgbriht, laments the profuseness of kings and others, in their
over liberal endowments of monasteries, and plainly saw the ill effects of
it. He advised Ecgbriht to convert these abbeys into bishoprics ; for he
complains of the too small number of bishops*.

VIII. Question.
Now let us further enquire whether the punishment' of a
monk who hath denied himself with a sacrilegious mixture,
belong to those laymen who are nearly related to them ?
1 That is, probably, the wercgeld, or other fine.

*
Answer.

The punishment of them who offend, more or less, in the

Church, belongs not to them who are without, especially
since the Apostlek says that all Church causes ought to be
decided by the priests. 'But if any ecclesiastics have com
mitted any crime among laymen, as murder, fornication,
theft, it is thought fit that they be by all means seized by
the seculars, against whom they have offended, unless the
Church be pleased to make satisfaction for them. But let
not laymen, who have sacrilegiously mingled themselves
with veiled women, be punished as the law has decreed for
nicators to be punished, but doubly, that is, we will that the
adulterers pay thirty sides", or sixty pieces of silver to the
Church ; because grievous crimes require more heavy and
sharp penalties.
k So 1 Cor. vi. 1, &c, was then understood.
1 Happy had it been, if prelates in after ages had retained the mode
ration of Ecgbriht in this point.
By adulterers is meant such as deflowered nuns.
By this it is evident that the side was two-pence ; for it is, I conceive,
agreed among the best antiquarians, that the English had but one silver
piece in these ages, and that was the penny.

[See Smith's Bede, pp. 308 310. J

A D. 73k] ANSWERS OF ECGBKIHT. 167

IX. Question.

Whether foreign priests, or those of our own country, may

be permitted to minister any where, especially under laymen,
without the privity of the bishop of the place, in whose dio
cese0 they sojourn, while they are vagrants, not settled in
the place, or not by pontifical authority ?
Diocese here seems to signify the remote part of the bishop's parish,
where such vagrants chose to officiate, far distant from the bishops. See
Can. Afr. 53, 56*, second part of Vade-mecum.

Answer.

We permit not foreign priests, or such as were ordained at

large, and go up and down in the provinces without com
mendatory letters, to minister or give the sacraments any
where, without the privity of the bishop of the place. Yet
what is necessary may be administered by them ; but we are
not willing that they should be admitted to the ministration
of sacred offices without discretionf.
X. Question.
If any brother or sister0 do sue for any thing which they
esteem their own, any where but in the ecclesiastical judica
ture of the prelates, that it may peaceably be restored to
them ; and in contempt of their bishop, make haste to ob
tain what they claim in an unreasonable manner, by right
or wrong, what say ye to this?
' Abbess, or nun.

Answer.
Whatever' brother or sister sues for what they esteem
their own, but not in the judicature of the priests of the
churches, but so as to obtain it by violence of the external
powers, let them lose what they have gotten by violence, or
else be expelled out of the churches. Yet we intend no pre
judice to their church. But when they after their death have
been anathematized |, let all things remain in their former
[Concil., torn, iil pp. 742, D. 747, J [Sed post obitum anathematizati,
D.] W. T. Rather, " But after the death
t [*ine grandi discretions, W. T.] of the anathematized person."]
168 ANSWERS OF ECGBRIHT. [A. D. 734.

state, and both parties being convened, let a diligent enquiry

be made what the most ancient and veracious say ; and so let
all be left to the judgment of the bishops.
i By this it should appear that the Northumbrian bishops had courts
distinct from the temporal, and that the ecclesiastical judicature in this
province took the liberty of reversing sentences passed in the temporal
court. It appears that the jurisdictions in Northumberland remained dis
tinct in after ages. See Law of North. Priest, dccccl. 5. This will not
prove that the bishops did not in this province sit in the temporal courts ;
for the bishops in the other province had likewise distinct courts. See
Law of Edgar, dcccclx., Number 7.

XI. Question.
What say ye to this, that somer having monasteries of
their own, do so unadvisedly dispose of them, that two to
gether have possession of a monastery of the same sex, or
do equally divide it, if they cannot agree to hold it between
them?
' See Answer 7. It was not only by temporal means, but by mutual con
sent of the monks and abbots, that there were sometimes several abbots to
the same monastery, or one abbot to several monasteries. See Bede's Vila
quinque Abbatum, SjC. *, published together with these Questions and An
swers. By those who had monasteries of their own, he means either such
as by their piety or management, had founded monasteries by procuring
endowments from others, or such as had founded monasteries out of their
own estates. For such as these did claim a right in the abbeys, the former
as well as the latter ; but Ecgbriht here attempts to bring them under the
regulation of the bishop.

Answer.

Let the venerable congregation choose one of the two,

whom they desire, to preside over them ; and let him be ap
pointed abbot, with the advice of the bishop of the place ;
and when he who was preferred is dead, let the second, who
was co-heir at the first, take the government of the whole
monastery, which was before granted to him, not in whole
but in part ; but on condition still, that he be found worthy
in the judgment of the bishop, but if not, let such election
be null and void ; and let him who made it, consented to it,
or accepted of it, be anathema.
[Epist ad Ecgbertum, Bede, ed. Smith, p. 309.]
A.D. 734] ANSWERS OF ECGBRIHT. 169

XII. Question.
If a layman kill a clergyman or monk, would it please you
unanimously to decree, whether the price of his blood be to
be paid according to the law of birth-right, to his near re
lations, or whether satisfaction be to be made to his [eccle
siastical] seniors with a larger sum ?

Answer.
Whatever layman kills a bishop, priest, or monk, let him
do penance' according to the established measures, and pay
the price of his blood to the church to which he belonged ;
for the bishop, according to the [decree] of general' council,
for a priest" eight hundred sicles, for a deacon" six hundred,
for a monk four hundred pieces of silver, unless the dignity
of his birth or the nobility of his stock require a greater
price ; for it is not just that the serving of the holy pro
fession in a superior degree should forfeit what they who
live without, in a lay habit, do notoriously claim, by right
of parentage. But he who has not wherewithal to redeem
himself for the murder committed by him, is to be left to
the king to be punished, lest the murderers of the servants
of God should think that they may sin with impunity. And
let this punishment which we have inflicted on the murderers
of priests be in force in relation to them that are abbots
without orders ; unless a synodal college, upon more mature
advice, shall lay any of them at a higher or lower rate.
The penance to be done for such murder is seven years' fasting, three
days in every week, besides Lent and vigils ; according to Bede, De lie-
mediit peccatorum* ; which is rather believed to be our Ecgbriht's.
1 Whether he mean a general, that is, a national council, formerly held,
which had assigned some certain mulct to the murderer of a bishop, or
that a council ought to be called on such an occasion to assign it, toties
guoties, is uncertain ; but if any general council had assigned it, the con
stitutions of it are lost.
By the laws of satisfactions annexed to the dooms of King Wihtred,
seven pound is the mulct for killing a priest. Now eight hundred sicles
wants but eighty pence of seven pound, reckoning the side two-pence, so
that ten sicles make an ounce, and one hundred and twenty sicles, or twelve
[Qui occiderit monachum aut cle- vel 7 annos peniteat. De Rem. pecc,
ricum arma relinquat et Deo serviat, c. S.Sir H. Spelman, vol. i. p. 285.]
 170 ANSWERS OF ECGBRIHT. [A. D. 73+.

ounces, make one pound. It is not to be wondered if money were then,

as well as ever since, of somewhat less intrinsic value in the south than iu
the north, and this being considered, those laws of Wihlred, and these an
swers of Ecghriht, do mutually support each other's authority.
1 The mulct for killing a deacon was six pound, by the laws of Wihtred ;
six hundred sides, at the rates aforesaid, make five pound ; and it is pro
bable one in six was the least of the disproportion between the value of
money in the north and south ; therefore they in the north taxed the
murder of the priest higher than those in the south, for they abated but
eighty pence of the sum paid in Kent, and eighty pence was but the third
part of a pound.
XIII. Question.
If a lawful marriage be dissolved, by consent of both
parties, on account of the impotency of the man or woman,
is it lawful for the sound party (being incontinent) to marry,
the impotent party giving consent, and promising to live in
perpetual continency ? What does your sanctity judge of
this case ?
Answer.
No one acts against the Gospel or the y Apostle without
punishment, therefore we give no consent to z adultery*. Yet
we lay burdens on no man, which cannot be borne without
danger, but confidently enjoin the commandments of God ;
but we reserve him unpunishedf for the just judgment of
God, whose infirmity hinders him from fulfilling [them.]
Therefore lest we should seem to connive at adulterers, or that
the devil, who deceives adulterers, should rejoice at zadul-
[Mat. xix. tery*, hear furtherf, "that which God hath joined, let no man
b' J separate;" and also, "he that is able to receive it, let him
receive it;" for necessity often breaks a law, by reason of the
change of times; for what did David do when he was hungry?
and yet he was without sin ; therefore sentence is not to be
given in doubtful points. But there is a necessity of risking
counsels8 for the salvation of others ; upon this express con
dition, that it be by no means allowed to one that hath
vowed continency, to contract a second marriage, the former
[wife or husband] living.
f I read apuslolum, not aposlolorum. He speaks in the primitive

[adulteris, W. T.] vamus judicio Dei, W. T.l

f [Quern autem infirmitas implendi J [MS. ultoribus. ulterius, W.T.]
prspedit, uno profccto multum refer- j [apostolum, W. T.]
A. D. 734.] ANSWERS OF ECGBRIHT. 171

style, for the ancients called all tbe Epistles of St. Paul and St. Peter, the
Apostle.
> I read adutterio, not adulteris, in both these places ; and ulterius,
not ultoribus, inultum, not multum,
He seems to suppose that the law of not separating parties married,
was not a commandment absolutely binding, under pain of damnation, in
all cases, but a counsel, in the sense of the schoolmen ; that is, not neces
sary to salvation, but to perfection. Theodore was also rery loose as to
the point of matrimony.
[The reader is to observe, that the impotence here spoken of, is such [Addenda.]
as is not natural, but accidental, proceeding from some present bodily
disease, and from which the party might afterwards recover. If the impo
tence were natural, that had been no occasion for the party in this case to
promise continence; nor had Ecgbriht shewed himself less strict in this
point than other casuists ; for natural impotence certainly dissolves mar
riage, as to the bond as well as bed, or rather proves it null from the be
ginning.]

XIV. Question.
If any layman declare a clergyman or monk to be under
some blemishes, which he formerly contracted while he was
under a lay habit, and to which he has not yet put au end,
either because he was not able, or because he formerly, and
to this very day, hath dissembled and concealed it ; and if
he now sticks by the Church with great solicitousness and
importunity*, what say ye to this?

Answer.
Whatever secular man desires to undertake the service of
the holy profession, and answers, when he is asked, that he
is not of a servile condition, that he has not committed"
murder publicly, without having made satisfaction for it,
and that he is possessed of nothing which does of right be
long to another, let him [be sure] that he owes nothing to
any one but God, whose servant he is, for the guilt of former
sin. But if he deceived the Church, and fraudulently con
cealed his crime, it is resolved, that the Church have power
to dismiss him, or if she please, to make satisfaction for his
crime. But we desire that they who are in this condition
be tornc from the church-doors by force, and that no time,

[Et modo eccleaia molest us et importunus intistit? W. T.]

 172 ANSWERS OF ECGBRIHT. [A. D. 73t.

for the future, be allowed to the Church to abscond such as

are guilty, after the day of trial. But they are to be dis
missed without hurt or d blows, that reverence maybe paid
to God ; for the temple is a house of propitiation, not a den
[J.Kings of thieves. (Read the dedication of Solomon's temple.) But
if he had offered any things to the Church, let the priest
restore them, that he may have wherewithal to redeem
himself.
" This must be meant only of monks, for murderers might take that
habit, because it was said their whole life was one continued penance; but
no criminal was ever allowed to be ordained.
c This is to be understood, upon condition that the Church will not sa
tisfy for their crimes. But how could monks be torn from the church,
when that was a sanctuary for all criminals ? I answer, it was a sanctuary
for such as acknowledged their crimes only ; and therefore came to the
church as criminals, not as devotees, as the monks in this case are sup
posed to have done. Happy had it been, if Becket, and other great pre
lates in after ages, had not absolutely refused that power of punishing
criminous monks and clerks to the civil magistrate, which Ecgbriht, with
a true Christian and priestly spirit, not only allows, but desires that it
might be exercised.
<> I read verberibus, not veriut*.

XV. Question.
What are the crimes, for which no man can be made
priest, and for which he who has formerly been ordained
is to be deposed ?
Answer.
The ordination of a bishop, priest, or deacon, shall be ac
counted valid, in case he prove clear of all grievous crimes ;
if he have not had a second wife, nor one deserted by her
husband; if he never did public penance, and be not
maimed in any part of his body; if he be not of a servile
condition, and disengaged from all obligations of bearing
civil offices ; and if he be literate, such an one we choose
to be promoted to the priesthood. It is unlawful to ordain
1 [crimini- any man on the account of these blemishes' ; and for these we
^ declare that those already promoted are to be deposed ; that
is, worshipping of idols, giving one's self captive to the devil,
being conjurers, diviners, enchanters t, violating faith by false
[veriusque, W. T.] f [Per aruspices [et divinos atque]
A. D. 734.] ANSWERS OF ECGBRIHT. 173

testimony, defiling one's self with murder, fornication, com

mitting thefts, violating the holy name by presumptuous
perjury ; and they ought not to obtain the favour of [lay]
communion without public penance, nor to recover their
former dignity [by doing penance;] for it is not allowed
by the Church that [public] penitents should minister sa
cred offices, as having formerly been vessels of vice.

XVI. Question.
Op tue four Ember-weeks.
Doe ye explain to us, by an unanimous sentence, whether
the established fasts of the first, fourth, seventh, and tenth
month, are to be celebrated in the beginning of those months,
or at other times; and by whose authority, and in what
manner, and for what causes they were instituted, that so
they may be uniformly kept in every one of your sees, and
in the Church of the English ?
<> There is a great uncertainty as to the precise weeks when the Emher
days were observed of old. The forged epistle of Calixtus mentions three
fasting limes observed of old, and adds a fourth, to be observed for the
future; but mentions not the certain weeks when they were to be kept*.
Our council of Cloves-hoo seems to say that Gregory the Great enjoined but
only the fast of the fourth, seventh and tenth month, c. 18 f ; yet Ecgbriht,
Art. 1, says that he did direct the Lenten-Ember to be observed. Pope Leo,
A.D. 442, speaks of four, but mentions not the certain weeks, except Pen
tecost only. Distinc. 76. c. 6 J. Gelasius, A.D. 492, mentions the fast of
the fourth, seventh, and tenth month, another at the beginning of Lent,

uicantatores captivos se diabolo tra- junio decimi mentis. Hujusobservanliae

denies, T. Wilkins gives the same utilitas, dilcctissimi, in Ecclesiasticis
reading without the brackets.] proscipue est comtituta jejuniia: quffi
[Epiit. Callisti P. I. ad Btnediclum ix doctrina Sancti Spiritus ita per to-
Epitc. A.D. 221. Jejunium, quod ter tius anui circulum distributa sunt, ut
in anno apud nos celebrare didicisti, lex abstinentia? omnibus sit adscripta
conveniemius nunc per quatuor tern- teniporibus. Si quidem jejunium ver-
pora fieri decernimus, ut sicut annus mini inQuadragesima, sslivum in IVn-
per quatuor volvitur tempora, sic et tecoste, autunmale in mensi septimo,
nos quatemum solenne agamus jeju- hiemale autem in hoc, qui est decimus,
nium, per anni quatuor tempora. Et celtbramus, intelligentes divinis nihil
sicut replemur frumento, vino et oleo vacuum esse praeceptis, et verbo Dei
ad alenda corpora, sic repleamur je- ad eruditionem nostram omnia ele-
junio ad alendas animas, juxta pro- menta servire, dum per ipsius mundi
pheta? Zacharise vocem, qui ait, &c. cardines, quasi per quatuor Evangclia
(Zach.viii. 1420.) Concil.,tom. i. p. incessabili tuba [incessabiliter] disci-
737; Gratiani Decretum, Dist. lxxvi. mus, quod etpnedicemuset agamus.
c. 1.] Grat Decret , Dist lxxvi. c. 6 ; S. Leo,
+ [See below, A.D. 747, canon 18.] Op., torn. i. col. 59.]
t [Lto Papa termone octavo de je-
174 ANSWERS OF ECGBR1HT. [A. D. 734.

and in the middle of Lent. The council of Mentz, A.D. 613, orders the
first to be kept in the first week of March, the second in the second week
of June, the third in the third week of September, the fourth in the fourth
week of December-)-. Durandus mentions this practice, lib. vi. c. 134 J.
The council of Salegnnstadt, in the same diocese, A.D. 1022, directs the fast
to be kept the second week in March, if the first day fall on any day of the
week after Wednesday ; if on Wednesday, or on any day before, then in the
first week ; and the second fast on the second week of June, if the first day of
June fall on a Wednesday, or any day in the week before Wednesday, else
in the third week ; but if Whitsun-eve fall in this week, then the next to
be the Ember- week : and the third fast in September to be on the third
week of that month, if the first day of September fell on Wednesday or
before, else on the fourth week : and that the fourth fast be kept so that
the Ember-Saturday be the Saturday before Christmas-eve ||. The council

[Gelatins ad episropoi p:r Lucani- caua,et eitatur infraeademc. Statuimus.

am,epist.\. c. 13. Ordinationes prcsby- Grat. DecreL, Dist. lxxvi. c. 2. et su-
terorum, et diaconorum nisi certis tem- not. p. 457; Concil., torn. xiv. p. 73.]
poribus et diebus exerceri non debent, X [Olim instituta fuere jejunia in
id est quarti mensis jejunio, septimi, prima hebdomada Martii, in secunda
et decimi, sed et etiam quadrageiinalis Junii, in tertia Septembris, in quarta
initii, ac medians hebdomads, et sab- Decembris. Nunc autem jejunia ex
bati jejunio circa vesperam noverint causia prsmissis alitcr ordinantur, ut
celebrandas : nee cujuslibet utiliiatis dictum est sub quarta feria tertiae heb
causa, seu presbyterum, seu diuconum domada; Adventus. Et memento, quod
bia prrefeire, qui ante ipsos fuel hit or Apostolici usque ad Simplicium Papain
dinate Grat. DecreL Dist. Ixxv. c. in Decembri semper ordines celebra-
7 i Concil., torn. viii. p. 40.] bant, ut ordinandos cooptarent genera
f [Ex covcilio Mogiintiuo prima, cap. tion) Jesu-Cbristi. Simplicius vero
34. (sed ibi fusius hie summntim.) Con- addidit ordines in Februario tribuen-
stituimus, ut quatuor tempera anni ab dos, ut ordinandos vicinius incorporaret
omnibus cum jejunio observentur : id corpori Jesu-Christi. Durandi Ratio
est in mouse Martis, hebdomada prima, nale, lib. vi. c. 134; cf. lib. vi. c. 6,
in Junio, secuuda, in Scptembii, tertia, lib. viii. c. 3. n. 22.]
in Decembri, quarta. Auetor Micro- [The words in the first edition are,
logi c. 24 el 25 de hoc ipso Mognnlini ' The fast to be kept the second week
concilii cunone disputans aperte ait hoc in March, if the first day fall on any
ex ignoratione traditionis Ecclesiastica day of the week after Wednesday, or on
fuisse profreturn. Unde Ley Papa ait Wednesday ; if on any day before, then
llujus observatione Sfc. quod refrrtur in the first week; if on Thursday, Fri
infra eadem d st. c. 6. Et tie quis oc~ day, or Saturday, then on the third
cusione. horum eonciliorum (iermanicorum week." The statements are obviously
deciperetur, Gregorius Septimus (quod in inconsistent and contrary to the canon. ]
eodt-m Micrologo narratur) veterem Ro- || [ De jejunio autem incerto quatuor
mtuttt Eeelesia consuetudinem renovavit tern jiorum banc certitudinem statuimus,
De qua re in concilio Clare montensi Ur ut si calends Martis in quarta feria,
ban/ secutidi, canone prima sic slutuitur. sive antea eveneriut, eadem hebdomada
Primum jejunium quatuor temporuin jejunium celebretur. Si autem Ca
semper net prima hebdomada quadra- lends Martis in quintam feriam, aut
gesimse, secundum in hebdomada Pen- sextam, aut Sabbalum distenduntur,
tecostes, absque genuum flexione, cum in sequentem hebdomadam jejunium
alleluia, et gloria in excelsis Deo, et d.flVratur. bimili quoque modo, si Ca
vestibus solenuibus fiet, tertium plena lends Junii in quarta feria, aut autea
hebdomada ante a-quino. tiuin autum- evenerint, in subsequenti hebdomada
nale: quartum plena hebdomada ante jejunium celebretur, et si in quinta, aut
natale Domini, vigilia ejusdem excepta. sexta feria, aut sabbato contigerint, je
Et idem repetitur in altera concilio post' junium in tertiam hebdomadam reser-
ea habito, quod est in Bibliotheca Vali- vetur. Et hoc sciendum est, quod si
 A. D. 78*.] ANSWERS OP ECGBRIHT. 175
of Clermont, A.D. 1095, ordered the first to be on the first week of Lent,
the second in Whitsun-week, the third in the entire week next before the
autumnal equinox, the fourth in the entire week next before Christmas * ;
and they must mean the same, who speak of the fourth week in December,
as Ecgbriht here does, Art. 4 ; or else they must mean the fourth week in
Advent, and even then there will be no fourth week, but that the Saturday
will fall on Christmas-eve, and this is contrary to rule.
But it is observable, that none of these popes or councils take notice of
the Ember-weeks as times of ordination, except Gelasius; nor does Ecg
briht in his answer mention them as such. It is said in the Life of
Anterus, in the Liber Pontificalis, that December was of old the only time
for this purpose! ; and I cannot discover when the Ember-weeks were first
settled in the present course. Alexander III. Decretal., lib. i. tit. ii. c. 2,
mentions the Ember-weeks as times of ordination, but does not settle the
weeksj. See the assument which I have added to these Answers.

quando jejunium mensis Junii in vigilia Anastasius de Vilis R. Pontificuin,

Pentecostes secundum prsedictam regu- Anterus, A.D. 237, torn. ii. p. 183.]
lam evenerit, non ibi celebrandum erit, J \_Alex. 11/. episcupo Herefordensi.
sed in ipsa hebdomada solenni Pente Sane super eo quod moris esse dixisti
costes : et tunc, propter solennitatem in ecclesiis quibusdam Scotia? et Valliae,
Spiritus Sancti, diaconi dalmaticis in- in dedicationibus ecclesiarum vel al-
duantur, et alleluia canteiur; et flec- tarium extra jejunia quatuor tempoium,
tamus genua, non dicatur. Eodem clericos ad sacros ordines promovere.
mododeSeptembrisjejunioconstitutum Siguificamus quod consuctudo ilia (ut
est, ut ai Calendar Septembri > in quarta pote insiilutioni ecclesiastics inimica)
feria evenerint aut antea, jejunium in est penitus improbanda ; et nisi multi
tertia hebdomada celebretur, et si in tude et antiqua consuetudo terra? esset,
quinta aut sexta aut sabbato contigerint taliter ordinati non deberent permitti
in quarta hebdomada jejuuandum erit. in susceptis ordinibus ministrare. Nam
In Decembri vero illud observandum apud nos sic ordinati deponerentur :
erit ut proximo sabbato ante vigiliam et ordinantes privarentur auctoritate
natalis Domini celebretur jejunium ordinandi. Minores ordines conferri
quia si vigilia in sabbato evenerit simul possunt diebus festis. Sacri vero con
vigiliam et jejunium celebrare noncon- ferri debent in quatuor temporibus,
venit. Ex concilia Snlegunstte habito, vel sabbato sancto, vel sabbato de pas-
cap. 2. GraL Decret. Dist. lxxvi. c. sione. Decietales Greg. IX, lib. i.
3 ; cf. Concil., torn xix. p. 396.] c. 2.
[This statement seems to be taken The above note upon the ancient
from the note in Gratian, Dist. lxxvi. observation of the Ember days leaves
c. 2, already quoted, (note f, p. 17+,) the question in greater uncertainty than
but the only canons of the coum-il of properly belongs to it. There can be
Clermont, A.D. 1095, (temp. Urbani no doubt that Gregory the Great recog
II.,) bearing on the subject, are, nised four Ember fasts, the first of
XXIV. Ne fiant ordiues, nisi qua- which, " the fast of the first month,"
tuor certis temporibus, et sabbato me- (March,) he enjoined to be kept in the
diante quadragesitna : et turn protra- first week of Lent; and the second, "the
hatur jejunium usque ad vesperas, et fast of the fourth month," (June,) in
si fieri potest, usque ad erastinum, ut Pentecost week. The seeming diffi
magis appareat in die dom'nico ordines culty in the statement of the council of
fieri. Clovcs-hoo is explained by Johusnn
XXVII. Ut semper fiat jejunium himself below, A.D. 7+7, c. 18. note.
veris in prima hebdomada quadrage- The very name "Jejunia quatuor tem-
siime : jejunium vero asstatis infra heb- porum," used in the title of this six
domadam pentecostes. Concil. , torn. teenth question, implies fasts at the four
xx. p. 818 C] seasons ; and scarcely less so, the Eng
f [Hie fecit ordinationem uuam per lish name Ember, which is beyond all
mensem Decembris epitcopuin unum. doubt a slight alteration of the Anglo-
 176 answers ok f.cgbriht. [a. d. 73+.

Answer.
Because the world consists of four quarters, east, west,
south and north ; and man is compounded of four elements,
fire, air, water, and earth; and the mind is governed by four
virtues, prudence, temperance, fortitude and justice; and the
four rivers of paradise, as types of the four Gospels, water the
whole earth ; and the year turns on the four seasons, spring,
summer, autumn and winter; and this number, four, is on
all hands acknowledged to be the number of perfection >
therefore the old fathers instituted the four Ember-weeks,
according to God's law1; as also holy men and apostolical
doctors have done now under the New Testament.

I. Article.
The Lord said unto Moses, concerning the first month,
[Exodus "fThis month shall be unto you the beginning of the
*"J months of the year ;" and again the Lord said unto Moses,
" Observe the mouth of first-fruits, when ye came up out of
the land of Egypt, as an ordinance in your generations :"
which fast the holy fathers appointed to be observed in the
first week of the first month, on the Wednesday, Friday, and
Saturday [only], unless it be in the Lenten days ; but we,
in the Church of the English, do commonly keep this fast of
the first month in the first week of Lent, gas our master,
the blessed Gregory, transmitted his ordinance to us, in his

Saxon 'ymbrrn,' compounded of 'ymb' the Ember- weeks wore settled in their
round, and' ren,' run, and so equivalent present course. "Statuimus etiam, ut
to circum-cursus, pcri-od, circu-it. jejunia quatuor temporum hoc ordine
Our Saxon forefathers called these fasts celebrentur: primum in initio Quad-
ynibpen pejTen,' Ember fasts,' yml pen ragesimae : secundum in hebdomada
puca, 'Ember weeks,' ymbpen basar, Pentecostes: tertium veroinSepteinhri:
'Ember days," because, according to quartum in Dccembri more solito fiat,"
the words of Leo (A.D. 142) already Placent. c. 14; Gratian. Dist. lxxvL
quoted, "ita per totius anni circulum c. 4: Cone, torn. xx. p. 806. Some va-
distributa sunt ut lex abstinent iu.1 om- riety may still have existed even in Eng-
nibus sit adscripta temporibus." See land, rather through ignorance of the
Mareschall's Anglo-Saxon Gospels, rule of Gregory the Great than in op-
annot., pp.528, 9; Laws of K. Ethelred, position to it, but the passage (Concil.,
c. xxiii., Thorpe, p. 157; Johnson's torn. xxii. p. 1153 4) commonly quoted
Vade-Mecum, vol. i. p. 58. The prac- as Cone. Oxon. c. 8. A.D. 1222, not be-
tice implied in the Liber Sacramen- ing found in the English editions (cf.
i"i urn of Gregory the Great, and re- Spelman, vol. ii. p. 183; Wilkins, vol.
stored by Gregory the Seventh, is i. p. 586) is of little weight,
affirmed, as below, by the council of For further illustration of this point
Placentia, A.D. 1095, which is quoted see Micrologus, c. 24 27; Duramlus,
by Wheatley (p. 210) as the time when lib. vi. c. 6 ; lib. viii. c. 3. n. 22.]
A.D. 784.] ANSWERS OP ECGBEIHT. 177

own antiphonary and mass-book, by our pedagogue, the

blessed Augustin*.
' Ecgbriht's application of the texts of the Pentateuch here, are very
surprising and extraordinary, but especially in the second and fourth Art.
* It can, I conceive, no longer be a dispute with them who consider
what Ecgbriht says here, and again in the second Article, whether the
Roman or Gallican missal was here used. Ecgbriht is a peremptory
evidence that Gregory enjoined his own missal and antiphonary : he
must have been born within a hundred years after Augustin's coming
hither, and conversed familiarly with Bede. This was long before Charles
the Great used his power and interest for introducing the Roman missal
in other parts.

II. Article.
The second fast, of the fourth month, took its rise from
the Old Testament, when the Law was given to Moses in
mount Sinai, it was commanded of the Lord that the people
should be ready " to hear His voice on the third day, and [Exod.
not come near their wives ;" and again said the Lord to *"" ,J
Moses, " Ye shall take of the first-fruits, and offer them to
the Lord your God;" which was also ordained under the
New Testament, according to what the Lord says, " The [Matt, ix.
children of the bride-chamber cannot fast, so long as the J
Bridegroom is with them, but the time cometh when the
Bridegroom shall be taken away from them, and then shall
they fast in those days." For according to the analogy of
times, after the ascension of our Lord into heaven, when His
bodily presence was withdrawn, then was the fast of the
fourth month enjoined in the second week. And the same
blessed Gregory, by his said legate, appointed the same to
be celebrated by the Church of the English, on the entire1 '[plena?
week after Pentecost ; which not only our antiphonaries, but c ' p"
those which we perused, together with his mass-book, at the
thresholds of the Apostles Peter and Paul, do testify f.

III. Article.
The third fast of the seventh month was enjoined of
God by Moses, saying, "Speak unto the children of Israel, [Lev.xxiii.
27.]
[This ordinance is implied by the p. 671; S. Greg. P. I. Op., torn, iii.;
arrangement of the services in these Micrologus, c. 24.]
books, but they do not contain express f [Liber Sacramentorum S. Gregorii,
directions on the subject Liber Sa- pp. 101, 105; Antiphonarius, p. 698 1
cramentorum, p. 41 ; Antiphonarius, cf. Microlog., c. 25, 8.]
JOHNSON. ju
 178 ANSWERS OF ECGBK1HT. [A, D. 734.

and thou shalt say unto them, the tenth day of the seventh
month shall be called holy, ye shall humble your souls in
[Lev. xxiii. fasting; every soul that is not afflicted on this day shall
perish from among his people." Therefore this fast is cele
brated in the Church according to ancient custom : or be
cause the days decrease, the nights increase j for by the de-
1 [ostendi- feet of the sun and the growth of the night, our life appears '
r'J to decline by the approaches of death ; which death, at the
judgment and resurrection, shall be retrieved to life. And if
the end of our life be intimated by the lessening of the days,
and the approach of death by the increase of night, we think
it necessary for the remembrance of so great a mystery, that
we afflict our souls, every year, as we read the children of
Israel did at this time, by fasting, not only from meat, but
from all contagion of vice, attending to the doctrine of the
[John xii. Gospel, " Walk, while ye have the light, lest the darkness
' 1X' J overtake you, and the night come, when no man can work."
The Church oT the English uses to celebrate this [fast] in
the entire week before the equinox, h without any regard to
the computation of the third week.
'' See note the first, on question to this answer.

IV. Article.
The fourth fast was kept by them of old in the month of
November, according to the precept of the Lord by Jeremiah,
chap. saying, " Take the volume of the book, and write therein all
xxxvi. 2, 9. fag wonjs which I have spoken against Israel and Judah,
and it came to pass in the ninth month, they proclaimed a
fast before the Lord, to all the people of Jerusalem." There
fore by this authority of the divine Scriptures, the Catholic
Church has taken a custom to celebrate a fast in the tenth
month, in the fourth week, on account of the approach of
the venerable solemnity of our Lord Jesus Christ, before
which, continency of the flesh and fasting is to be observed
for several days*. (That every faithful man may prepare him
self for the receiving the communion of the Body and Blood
of Christ with devotion,) which the nation of the English
hath been always used [to do] in the entire week before
* [The punctuation of the first edi- next note the whole passage according
tion is here followed, but see in the to YVilkins.]
A. D. 734.] ANSWERS OF ECGBRIHT. 179

the nativity of our Lord. It1 is said, she kept a stated fast,
not only on Wednesday, Friday, and Saturday, but for twelve
days together, in abstinence, watching, prayer, and giving of
alms, both in monasteries and among the common people,
before the nativity of our Lord *. For this custom (thanks
be to God) grew up in the Church of the English, and was
holden from the times of Vitalian the pope, and Theodore,
archbishop of Canterbury, that not only clerks in the mo
nasteries, but also laymen, with their wives and families,
went to their confessors, and cleansed themselves with tears
and [abstinence] from all indulgence of carnal lust, and
with giving of alms, on these twelve days, that so they might
with the greater purity be partakers of the communion of
the Lord on His nativity. Fork beside these established
fasts, very many fasted [every] Wednesday and Friday, on
account of Christ's passion, and every Saturday, for that He
on that day lay in the grave.
' This is a very perplexed sentence. I make a full stop at consuevit*.
k I suppose these words explain what he had said before, concerning
the fast on Wednesday, Friday, and Saturday throughout the year.
I thought it seasonable here to subjoin a much more clear account of
the Ember-weeks, which Ecgbriht himself (I conceive) gives in his chapter
De jejunio quatuor temporum, among the Formula veteres, which follow
after his Excerptions, in the Cotton MS. He begins by observing that there
are four seasons of the year, in every one of which a certain week is set
apart for fasting, by the Church ; and he there also derives this custom
from the Mosaical law, and then proceeds in this manner.
The authority of Rome enjoins these times thus to be ob- Latin.
served, that in the first month, called March, the Wednes
day, Friday, and Sabbath-day of the first week be fasted ;
that in the fourth month, called June, it is decreed to fast
in the same manner, in the second week ; and that the same
be done in the third week of the seventh month, called Sep-
[The two foregoing sentences in se ad communionem corporis et san-
the Latin are less involved than might guinis Christi cum devotione sumen-
be supposed from the translation. dam. Quod et gens Anglorum semper
Hac ergo auctoritate divinarum in plena hebdomada ante natale Do-
scripturarum ecclesia catholica morem mini 'consuevit non solum quarts et
obtinet, et jejunium atque observatio- sexta feria, et sabbatoj Red et juges xii.
nem mense celebrat decimo, sabbato dies in jejuniis, et vigiliis ; et orationi-
quarto propter advenientem venerabi- bus, et eleemosynarum largitionibus et
lem solennitatem Domini nostri Jesu in monasteriis et in plebibus, ante na-
Christi ; ubi ante plures dies et con- tale Domini quasi legitimum jejunium
tincntia carnis et jejunia exliibenda exercuisse perhibetur.W.]
sunt, ut unusquisque fidclis prieparet
M 2
180 ANSWERS OF ECGBRIHT. [A. D. 73*.

tember. It is in the same manner decreed in relation to

the tenth month, in that same week which is next before the
nativity of our Lord. But1 St. Gregory enjoined these
fasts thus to be published to the nation of the English :
The first fast is in the first week of Lent. The second fast is
in Pentecost week. The third fast is in the full week before
the autumnal equinox. The fourth fast is in the full week
before our Lord's nativity *. On these Sabbaths, when all
the people are met at church, the ordinations of clerks ought
to be performed, that while their ordination is done before
the people, their reputation may be examined under the tes
timony of all; mand I beseech you, brethren, devoutly to
observe these fasts ; and know, that not only these fasts are
to be observed, but all the days "going before the vigils of
the famous festivals are to be kept with fasting ; and in the
days of your fasts, dearest brethren, do not stir up strife,
dispute, scandals.
1 These words seem plainly to be understood of Gregory the Great, and
of the provision which he made on this head, for the English Church. I
know Gregory the Seventh regulated the Ember-weeks, but he is said only
to have restored the just observance of these times ; and he was no saint,
The following words seem to be Ecgbriht's, or to have been added
by some of his successorst.
" The vigils are not here supposed to begin till the even-tide.

[This extract from the Formula tur."Concil., tom.xx. p. 608 C.) This
veteres in the Cotton MS. (Nero, A. 1.), rule was generally received by the
not being part cither of the Answers Latin Church, A.D. 1095, at thecoun-
or Excerptions of Ecgbriht, is not cils of Clareraont (c. xxvii., quoted p.
given by Wilkins or Thorpe, but is of 1 75, note ) and Placentia (c. xiv. p.
much value as presenting in a few 176 note,) and is that of our Book of
words a clear statement of the points Common Prayer. The other ruder and,
in Ecgbriht's sixteenth answer. The it may be, older practice, seems to have
two rules here set down are types to existed even at this time in England,
one or other of which may be referred is found in Anglo-Saxon in MS. Bodl.
all the variations in the observations 482, (F. 17 in Wanley,) f. 27 b, as in
of the Ember fasts. The one as it Thorpe's Ancient Laws, &c.,'p. 391, and
would seem (p. 1 73, note J) sanctioned being followed by the council of Mentz,
by Pope Leo, A.D. 442, and certainly A.D. 813, would become more preva-
by Gregory the Great, was enjoined by lent in this country, and on the conti-
the canons of Eanham, A.D. MIX. c. nent be for a time the general rule.
16 (the same as law of K. Ethelred, The canon ascribed to Gregory the
xxiii., Thorpe, p. 137), followed in Great is quoted below in illustration of
the rubrics of the Anglo-Saxon Gos- canons of Eanham, A.D. MIX. c. 16-
pels, and restored in the last year of 7.]
Pope Gregory the Seventh, A.D. 1085, f [Rather the whole sentence is Ecg-
at the council of Quidlinburg in Sax- briht's, the former part being the same
ony, (c. vi. "Item ut vernum jejunium as his excerption, A.D. 740, c. 97, {99,
in prima hebdomada quadragesimse, Wilkins,) which is not quoted as a rule
asstivum in pentecoste semper celebre- of St. Gregory.]
 A.D. DCCXL.

ECGBRIHT'S EXCERPTIONS.

Preface.

The following canons are called the Excerptions of Ecg

briht; and I see no room to doubt of his being the first
founder of this work ; and though great alterations have
been made in it, yet they seem to have been made not
long after the age of Ecgbriht. In truth, this collection
looks like a code of canons for the province of York, which
the successors of Ecgbriht, or others, augmented, curtailed,
and transposed at discretion. It is well known that John of
Antioch* made a collection of canons for his own patriarch
ate; Martinf, archbishop of Braga, for his own province;
CrisconiusJ, an African bishop, for his own diocese; and
these have come down to us without any notable corrup
tions. But that composed by Isidore of Seville hath been
worse contaminated than this of Ecgbriht ; for the forger of
the ancient pope's decretal epistles inserted them into this
Isidore's work; even abbots, simple priests, and deacons,
have compiled such systems of canons with approbation ;
and Bale says, that this collection, under the name 'of Ecg
briht, was made by Hucarius the Levite, (deacon I suppose,)
who was Ecgbriht's amanuensis If.
I follow Sir H. Spelman's edition so far as he goes, except
ing some necessary emendations. The numbers are not in
the MS., but were added by Sir Henry ; I have followed him
[ Johannis Antiocheni Patriarchal ^f [Hucarius, deacon of St. German's
Constantinopolitani Nomocanon, (A.D. in Cornwall, is not said, either by Bale
564,) Bib. Jur. Can. Vet per Voellum or Spelman, to have been the amanu-
et Justellum, torn. ii. p. 603.] ensis of Ecgbriht. " Scripsit Hucarius
+ [S. Martini, Ep. Brae. Collectio ex libro constitutionum ecclesiastica-
Canonum, (A.D. 560,) ibid., torn. L rum Egberti archiepiscopi Eboracensist
App., p. vii.]' prasceptoris Albini, excerptiones quas-
% [Cresconii Ep. Afr. Liber Cano- dam, lib. i. Claruisse fertur Anno Do-
num, (A.D. 690,) ibid., p. xxxiii.] mini 1040, sub Haraldo primo Anglo-
[Of the Collection of Councils, &c, rum rege." Balei Script. Brit. Catalo-
by Isidore bishop of Seville, A.D. 595, gus. Ccnt.ii. c. xlvii. pp. 152-3 ; cf. Le-
see Cave, Hist. Lit., vol. i. pp. 548-9.] land, De Script. Brit, c. 85, 131.]
182 PREFACE.

in these too, to canon 141, which I divide into two, and so

am one before him, in the four following canons, which are
the last in his edition. Sir Henry mentions a MS. copy of
these Excerptions in the Cotton Library ; but a learned
friend of mine can find no copy there, but that from which
Sir Henry published his impression in the book, (Nero, A. 1,)
nor does Mr. Wanly mention any other there *. Sir Henry
intimates his suspicion that he was imposed upon in this
point, and it seems evident he was so. This MS. has an in
scription, intimating that Spelman made his imperfect publi
cation from this book. It would be much for the credit of
his edition, if there had been another MS. in that, or any
other library, so nearly resembling that which he published,
and which he published from a book which he calls his own,
though it be now in that public repository.
The reader will not wonder to see several canons upon the
same head, in this collection, and these sometimes scarcely
consistent with each other, when he considers that the same
thing is done very often in the Corpus Juris Canonici. Old
laws or canons give light to the new, even when contrary to
them ; so the right reverend the bishop of Lincoln hath in
his code published the old obsolete laws and canons, in order
to give his reader the true aim and intent of those now in
force t- And further, in Ecgbriht's age, primates had a very
great latitude left to them in most points relating to disci
pline and jurisdiction, and, in effect, acted at discretion. It
was the pope's canon law that first laid primates, and all
bishops in this nation, under precise restrictions ; and this
was not compiled till about four hundred years after this time.
Therefore, though it was most reputable to act by stated
rules, yet in cases where there were different rules, the pri
mates, and even bishops, were to choose by which they would
act, according to the various circumstances of the persons
and causes which were brought before them.
[SeeWanley'sCatalogueinHickes's editions, as well as with that of Spel-
Thesaurus, vol. ii. p. 215. .The ex- man, Johnson's translation has been
eerptions of Ecgbriht are printed from compared and all important variations
the same MS. in the Cotton Library, or confirmations of doubtful points are
now in the British Museum, (Nero A. stated in the notes.]
1. f. 131 b.) by Wilkins, Concilia, vol. f [Codex Juris Ecclesiastici Angli-
i. p. 1 10-12 i and Thorpe, Ancient cani, by Edmund Gibson, D.D. See
Laws, &c, p. 826-42. With both these Preface, p. v.]
 9 PREFACE. 183

Though I have rarely elsewhere put the titles of the

canons into my translation ; yet here I have, because of the
very singular manner of them; they seldom mention the
matter of the following canon, but often the sacred writer,
council, father, or other author of them, and in this too there
are frequent mistakes committed, more (probably) than I have
advertised in my notes. For I did not think it worth the
while to take much pains in discovering such harmless errors.
But by this we may see, that they who drew them were
willing to act by an appearance of antiquity and authority ;
but they often took things upon domestic tradition or con
jecture, without troubling themselves to look into originals.
I have not placed the titles in lines, or paragraphs distinct
from the body of the canons, but immediately after the num
ber. And the first full point in every canon shews not the
end of a period, but of the title ; for I was willing to give my
reader the whole in as small a compass as possible.
Sir H. Spelman dates the Excerptions of Ecgbriht, 750.
Not that he had any greater reason or authority for placing
them in that year, than in any other, of the thirty-two of his
administration, (viz., from 734 to 766,) but because it was
his rule, when the date was uncertain, to take the middle
year, and that was 750. But I conceive that Ecgbriht was
fully settled in his primacy, and had time to lay down rules
for his own, and his suffragans' and clergy's conduct, in six
years ; and further, I was willing to put his Answers and Ex
cerptions as near to each other as I could ; and since there
was no ground for placing Cuthbert of Canterbury's Canons
before these Excerptions of Ecgbriht, therefore I chose to
put all this great Northumbrian prelate's canonical works
together, and therefore crave leave to ascribe to them the
date of A.D. DCCXL.
 A.D. DCCXL.

THE EXCERPTIONS OF THE LORD ECGBRIHT, ARCHBISHOP

OF YORK: COLLECTED OUT OF THE SAYINGS AND CANONS
OF THE HOLY FATHERS.

The Preface which begins the canons.

Latin. We call those rules which the holy" fathers ordained, and
SDelma wherein is contained in writing how canonics, that is, regular
vol. ii. p. clergymen, should live, canons.
258
Wilkini * Augustinus Aureliensis the bishop, says,
vol. i. p.
101. * It seems probable, that he who first inserted the following paragraph
Thorpe, would have these words esteemed a citation from the great St. Augustin of
p. J20.J Hippo, whose true name was Aurelius Augustinus. But the words must
be of a more modern age.

That no priest may be ignorant of his canons, nor do any

thing that may clash with the rules of the fathers ; and that
no excuse may be made on account of ignorance, nor any
thing be omitted through forgetfulness, let this book be used
as a place of prospect, from whence a view may be taken of
canonical determinations*. Yet not all clerks, but priests
only are to b put in use, and c read canonical constitutions.
For as none but bishops and priests ought to offer the sacri
fice, so neither should others put in use these dooms.
b Lat. usnrpare.
* Sure the meaning of this writer could not be, that it was unlawful for
any clergyman to read canons for his private information ; but rather to
read them publicly as a professor, and then it must be owned, that this
paragraph was of a much later date than the canons themselves.

* [Frequenter in hoc libello, quasi in speculo prospiciant, quod canonum

est regulis definitum.W. T.]
A.D. 740.] EXCERPTIONS OF ECGBRIHT. 185

HERE BEGIN THE EXCERPTIONS OF THE LORD ECGBRIHT, ARCHBISHOP

OF THE CITY OF YORK, CONCERNING THE * DUTY OF PRIESTS.

4 Lat Dejure tacerdotali. It is a Saxonism. Riht signifies office, or

duty, as well as right. Ecgbriht is said to have translated his Excerptions
into the Saxonic tongue, and there are still said to be some fragments of
them remaining. From this it is not improbable that he published them
first in that tongue, and that this is a Latin translation of them.

The duty of Priests.

1. e An item. Let every f priest build his own church with
all diligence, and preserve the relics of the saints with the
greatest care, watching over them by night, and performing
divine offices.
e The first twenty-eight canons have no title but item : my reader will
pardon me that I have transcribed it but once. The CCCC MS. puts
these twenty-one canons before the paragraph of Augustinus Aureliensis,
and without any title or division ; in the Oxford MS.*, says Sir H. Spel-
man, they are placed before Ecgbriht's Penitential.
' From this it should seem that parish churches began now to be built
apace in this province-f.

2. That all priests, at the proper hours of the day and

night, toll the bells of their churches, and then perform their
sacred offices to God ; and instruct the people how, and at
what hours, God is to be worshipped.
3. That on all feasts and Lord's days, every priest preach
Christ's gospel to the people.
4. That every priest teach all that belong to him to know
how they are to offer the tithes of all their substance in a due
manner, to the churches of God.
5. That the priests themselves receive the tithes from the
people, and jkeep a written account of the names of all that
have paid them j and divide them in the presence of such as
fear [God], according to canonical authority, and g choose
the first part for the ornament of the church, and distribute
the second part to the use of the poor and strangers, with
[MS. Bodl. 718.]
t [" See Uef. of Pluralities, p. 83," (Wharton). MS. note, Wrangham.]
186 THE EXCERPTIONS [A.D. 740.

their own hands, with mercy, and all humility : and let the
priests reserve the third part to themselves.
* By this it should seem that the Northumbrian episcopal sees were
well endowed : I mean, because there is no quota of the tithes reserved for
the bishops, as was in some places, many ages after this. Yet Boniface
says the bishops received tithes. Question, Whether this canon was not
afterwards added ?

6. That every priest do with great exactness instil the

Lord's prayer and creed into the people committed to him,
and shew them to endeavour after the knowledge of the
whole of religion, and the practice of Christianity.
7. That all priests pray assiduously for the life and em
pire of our h lord the emperor, and for the health of his sons
and daughters.
h This was plainly transcribed from some foreign council or decree,
without making proper alterations.

8. That every priest assist at the daily prayers for the

pontiff by whom he is governed.
9. That no priest presume to celebrate mass in houses,
nor in any other places, but consecrated churches.
10. That the ' rite, and time of baptizing at proper seasons,
according to the institution of canons, be most cautiously ob
served by all priests.
' Lat. jut. Anglo-Sax. rihe, as the Lat. ritus. The seasons of baptiz
ing were, Easter, Pentecost, and in some places Epiphany.

11. That all priests diligently give baptism to all that

want it, in case of infirmity, at any times whatsoever.
12. That no priest presume to Bell a sacred office, or the
sacrament of baptism, or any spiritual gift at any price, lest
they be k like them who sold and bought doves in the temple.
And let them not desire earthly pay for what they have ob
tained by divine grace ; but only merit to receive the glory
of the heavenly kingdom.
k Imitemur, Sir H. Spelman and Cotton MS. Imitentur, CCCC MS.*

13. That no priest go from the 'see of the holy Church,

under whose title he was ordained, in order to remove to a
[Imitentur, W. T.]
A. D. 740.] OF ECGBRIHT. 187

strange church ; but there devoutly remain to the end of

his life *.
1 Sede propria, Sir H. Spelman. But propria is not in the MS. in the
Cotton Library.

14. That none who is numbered among the priests cherish

the vice of drunkenness, nor force others to be drunk by his
importunity.
15. That no priest contract familiarity with women not re
lated to him, nor ever permit any woman to dwell with him
in his own house.
16. That no priest be surety for another man, nor sue in
the secular courts, relinquishing m his own law.
That is, the bishop's, or ecclesiastical court.

17. That none who is numbered among the priests bear

military arms, nor stir up strife against his neighbour.
18. That no priest go to eat or drink in taverns.
19. That no priest " swear an oath, but speak all things
simply, purely, truly.
D Quicquamjuramentojuret\, CCCC MS.

20. That all priests enjoin fit penance to all who confess
their crimes to them, with the utmost circumspection ; and
with compassion give the viaticum, and the communion of
the Body of Christ, to all sick people, before the end of
their life.
Indicent, Sir H. Spelman : judicent, Cott and CCCC MS. J

21. That, according to the direction of the holy fathers, if

any one be sick, he be anointed by the priests with conse
crated oil, together with prayer.
22. That priests have the eucharist always ready for the
sick, lest they die without the communion.

The text in the Cotton MS. is, that is, because of admonition or repri-
" Ut nullus presbiter a sede sanctae mand ; Johnson translates as if the
ecclesix sub enjus titulo ordinatus fuit, word were 'amotionis'; Wilkins and
ammonitionis causa ad alienam pergat Thorpe suggest ' ambitionis,' which is
ecclesiam, sed ibidem devotus usque ad unnecessary.]
itaa permaneat exitum."T. The Ox- f [ut nullus sacerdos quicquam cum
ford MS., as Spelman, reads 'a sede juramento juret.W. T.]
propria,' and ' ammonitionis causa,' J [judicent, W. T.]
188 THE EXCERPTIONS [A.D. 740.

23. That priests be neither constituted in any churches,

nor ejected from them, without the authority and consent of
the bishops.
24. That churches founded of old be not deprived of their
P tithes, or any other possessions, in order to give them to
new oratories.
p Here some churches are supposed to be endowed with tithes long
before this age.

25. Let one entire manse be given to every church, with

out other service : for the tithes, oblations of the faithful,
houses, ' churchyards, gardens near the church, and for the
manse before mentioned, let the priests constituted in them
do no 'service but ecclesiastical. If they have any thing
more, let them pay due services for it to their seniors, accord
ing to the custom of the country.
i Probably there is not any mention of churchyards earlier than this in
the English antiquities ; and here the word atriis is used ; which may sig
nify any of the avenues, out-buildings, or porticos of a church. However,
one may dare say that churchyards were not used as burying-places in
the province of York. Cuthbert was scarce archbishop of Canterbury when
these Excerptions were first made, and he is said first to have introduced
the use of churchyards as burying-places into this nation.
' The service here meant was undoubtedly temporal, and therefore the
seniors were temporal lords.
26. That bishops and priests have an house for the enter
tainment of.strangers, not far from the church*.
Lat. Hospitiolum. The districts of the priests, since called parishes,
were at first very large ; insomuch that by the Confessor's, or at farthest, by
the Conqueror's time, three or four parishes were made out of one of the old
ones. While parishes were so large, no wonder that the rectors had houses
of entertainment for strangers ; these were distant from the manses of the
priest, to avoid infection, often brought by strangers, beside other incon
veniences.

27. That the bishop, in the church, sit elevated above the
1 bench of priests, but in the house let him know himself to
be a colleague of the priests.
' Consensu, as the CCCC MS., not consensu, as Sir H. Spelman and his
MS.f

[cf. iv. Carthag., A.D. 398, c. xW. p. 952 C]

' Ut episcopus non longe ab ecclesia f [consessu, W. T. ]
hospitiolum liabeat.' Concil., torn. iii.
A. D. 740.] OF ECGBRIHT. 189

28. Let every bishop take great care that the churches of
God within hi9 parish be well built, repaired, and adorned,
as well in the u edifice and lights, as in the other furniture,
and that the servants of God do every one according to the
degree of his order, regularly x give his help [toward it] ; es
pecially let it be the bishop's care ; and let him look to it,
that they celebrate the canonical hours together, at the ap
pointed season. The holy fathers ordained the synaxes to
be sung, which the clergy ought to sing every day at proper *
hours, i The first is the nocturnal synaxis, the second is at
the first hour of the day, the third is at what we call the
third hour, the fourth at the sixth, the fifth at the ninth, the
sixth synaxis is in the evening, the seventh synaxis we call
compline. These seven synaxes we ought daily to offer to God
with great concern for ourselves, and for all Christian people,
(as the Psalmist testifies when he says, " seven times a day will [Ps. cxix.
I praise Thee, because of Thy righteous judgments,") and not J
to omit [to celebrate] masses as the holy fathers did, whom
we call confessors, that is, bishops and priests, who served
God in chastity.
I read cedificio, not officio f.
* Juvant, Sir H. Spelman, but the MS. has vivant ; and this, indeed,
best fits the syntax, and agrees well with the rest of the canon, viz., that
the servants of God, that is, the monks, } live regularly, &c.
' These canonical hours were gradually introduced, they are mentioned
by Clemens Alexandrinus , Tertullian %, Origen ]|, Cyprian , and in the
Apostolical Constitutions, yet none but the Apostolical Constitutions men
tion them as times of public prayer. But from these it appears that they are
more ancient than monkery. None of these mention six such hours, but
the Apost. Const., lib. viii. c. 34 ff. The hours there set down are, morn
[singulis horis, S. W. T. " at the payayiiv tV vixra, Kal iirayayiiv t^v
several hours." cf. A.D. 957, Elf. can. ttuipav rpirji St, Sti iir6<pairiv in airrjj
19.] inrb HiKdrov ZXaPcv o Kvpios. ?kttj 5i,
t [Officio,MS.Cott.;fedificio? 'W.T.] 8ti iv ourp laravptberr inirp jS, in
X [vivant, W. T. ] vivra KtKivryro rou itenrorov iaTavpu-
[Clem. Alex. Strom, vii. c. 7. p. fiivov tppWrovra rijv roK^ai' ruy ivoot-
854. J flwv *lovSatuv, fiij tpipovra tow Kvpiov t^k
1J [Tert de Jejuniis, c. ii. and x. p. S$ptv imipq tl, (ixapurrovvrfs St
545 a. 549. c] Op.?v cu'dnaiiinv ttwut ruv fjit&Ttp.tpivwv
|| [De Oratione, c. 12. Origen. Op., k6wo>v Hiv viicrtr aKacrpv6vu>> Si xpav-
toni. i. p. 216.] yij, 5ia to rfy fapav tbayy*\i*aOat t)jv
[De Orat. Dom. S. CyprianiOp., -napovaiav Trjs riptpas *U ipyaaiav ruy
pp. 214, 5.] tow <parrbs tpywv. ! p^i Svvtnhv iv Ik-
f f [Zuxas iwirt\t?Ti 6p0pov feed Tpfrp KKrtaia rpoUvai Sta tovs awiaTovs, Kar'
&pq, Kal tKTri Kal tvvdry Kal fa-wepq oIkov trvvafti & 4-xiaKoirt. Const,
koX aXtKTopoipavia- tpSpov fiiy tiixapt- Apost., lib.j,viii. c. 34. Concil., torn. i.
OToStTfi SVi i^iriatf i/iir i xipiot o- p. 581 C]
 190 THE EXCERPTIONS [A. D. 740.

ing, the third, sixth, ninth hour, evening, and cock-crowing, which is ex
plained hy saying it was hefore day. Clemens Alexandrinus mentions only
the third, sixth, and ninth hour. Compline was not added till long after.
They who mention midnight, commonly omit matins, and vice versa, the
Apostolical Constitutions hy cock-crowing mean matins. St. Jerome
mentions not compline, hut nocturn ; which was properly at midnight,
which was afterwards deferred to what is now called matins ; sometime
hefore daylight

[Tit. i. 7, 29. Paul says of bishops, " It behoves a bishop to be in all

8-' respects blameless, as a steward of God, not proud, not angry,
not * given to wine, no striker, not covetous of filthy lucre,
but hospitable, kind, sober, holy," &c.
* Vinolentum, CCCC MS., not violentum, as Sir H. Spelman and his
MS.f

[l Tim. Hi. 30. The Apostle also, "It behoves a bishop to have the
id 1 L g00^ testimony of them that are without, that he may adorn
the doctrine of God in all respects."
31. From the great synod. aOf subintroduced women.
The great synod wholly forbids the bishop, priest, and deacon,
and every one in the clergy, to have a b subintroduced
woman J.
Ex concilio Niceno, is added by Sir H. Spelman and is not in the
MS.
11 I cannot hut think that Martin of Braga best explains the canon of
Nice in this point, when by the subintroduced woman he understands an
adoptive, pretended sister, or the like. See his thirty-second canon .

32. Also. The canons teach, that if any man marry a

widow, or an abandoned woman, or if he marry a second
wife, he never be made deacon or priest.
[Prseter psalmorum et orationis tpvyc.Can. Nic. 3. A.D. 825. Concil.,
ordincm, quod tibi bora tertia, sexta, torn. ii. p. 669 B. "Subintroductamha-
nona, ad vesperum, media nocte et bere mulierem " is from the translation
mane semper est exercendum, statue of Dionysius Exiguus. ibid. p. 679 A.]
quot horis sanctam scripturam ediscere [XXXII. Nicaen. 3. Nullus epi-
debeas.S. Hieron. Op., torn. i. p. 985, scopus, neque presbyter, neque diaco-
Epist. 130 ad Demetriadem. cf. Ep. 22 nus, neque omnino aliquis ex clero
and 108, ad EusL pp. 119, 706. Ep. licentiam habeat intromittendi ad se
107, ad l.is't. p. 680. J adoptivam aliquam mulierem quasi in
t [vinolentum, W. T.] loco filiae aut matris, nisi forte sororem
j [III. 'A*iry6pcv<r( kcl96\ov ri fit- veram ex germanitate, aut sororem vel
y&Kri aivohos, fiifTt iTtiaK6-*t?, jwjre irpetr- matris vel patris, et illas solas personam
$vT(p<f, pArrt Zioxivif, nJrre SKtes ti>1 ray quse ab Omni mala suspicione alienee
cV r<f K\iipif, i((7yai awttiraKTov fxf"'- sunt.Capit. Collect, a Martino, Ep.
T\^yslni)llpa/iJir4pa,flaii\<pi)v,tl Bciav, Brae. A.D. 572. Concil., torn. ix. p.
t) a /iiya irpAtranra naaav inrotylav biairi- 853 E.]
 A. D. 740.] OF ECGBKIHT. 191

33. Also. Let the bishop, priest, or deacon, that hath

been caught in fornication, perjury, theft, or murder, be
deposed.
34. The institutions of the holy fathers. Bishops must
take care that they being rooted and grounded in love, keep
true peace, and entire concord between themselves, so that
there be, as it were, one heart and one soul among them all c ;
and one perfect doctrine of true faith in the mouth of all *
. . . d a chasm.

Here ends this canon in the CCCC MS.

"i It is no small demonstration that the MS. now in the Cotton library
was Sir H. Spelman's original, that at this place there is a chasm in both.

35. Nothing ought to be lodged in a church, but what be

longs to the ecclesiastical ministrations. For it is written in
Deuteronomy, " Thou shalt not plant a grove, nor a pillar, [Deut. xvi.
near the sanctuary of the Lord." ' *"*
36. He begins [to treat] of the Sabbath. God, the
creator of all things, created man on the sixth day, and on
the Sabbath He rested from His works, and sanctified the
Sabbath, for a future signification of the passion of Christ,
and of His rest in the grave. He did not rest because He
was tired ; for He made all things without labour ; and His
omnipotence can never be weary; and He so rested from
His works, as not to make any other creatures afterwards
but such as He had made before; but such creatures as
He had before made, He makes every year, to the end
of the world. He creates men both as to body and soul,
He creates animals and beasts without souls; every human
soul is given by God; and He renews His creatures, as
Christ saith in the Gospel, " My Father worketh until [John v.
now, and I also work." Christ suffered for us in the J
sixth age of the world, and on the sixth day; by His
passion, and by the miracles done by Him, He made
anew undone man. He rested the sixth day in the grave;
and sanctified the Lord's day by His resurrection. For the
Lord's day is the first day of the world1, and the day of [seculi.]
Christ's resurrection, and of pentecost, and therefore it is
[In hac parte codicit duarum fere paginarum scriptura ita est deleta ut legi
nequeat.T.]
 192 THE EXCERPTIONS [A. D. 740.

holy, and we ought spiritually to sabbatize, that is, to cease

[John viii. from servile work, that is, from sin, " for he that commits sin
34.]
is the servant of sin." But because we cannot be without
sin, let us beware of it to our power, and amend whatever
we have done amiss. Let us give good example to our sub
jects, and correct ourselves and our subjects, and continually
exhort them to what is good. Amen.
37. An item of the holy fathers. All must be careful to
e celebrate Easter, at the certain season, viz., after the four
teenth moon of the first month.
e The calculation of Easter was not yet so exactly settled, but that there
was a variation in the observing of this feast. The council of Toledo
complain of this in the year 633. c. 4. In paschalis solennitatis observa-
tionetolet in Hispania varietas existere prcedicationis. Therefore they order
an annual synod to settle it*.

38. The synod of Agde. ' Such seculars as do not com

municate on the nativity of the Lord, on Easter and Pen
tecost, are not to be esteemed Catholics.
' This, probably, was the first establishment of the custom of communi-
nicating three times a year, viz., at the synod of Agde, A.D. 506+.

39. The African canon. g Penitents ought not, according

to the canons, to communicate before they have finished their
penance. But we for the mercy of a compassionate God, do
grant license to some, after a year or two, or three.
The first part of this canon is very rational, upon supposition that
there could be any occasion for making it, as I hope there was not, during
the first four centuries, when all the African canons were made. But the
permission of penitents to receive the sacraments, is a contradiction to
primitive discipline ; yet I suppose it was certainly practised by the begin
ning of the sixth century at furthest, when Dionysius Exiguus published
the Decretals. See Deer, of Innocent VII. J

[Solet in Hispaniis de solennitate + [Saeculares qui Natale Domini,

paschali varietas existere prsedicatiunis : Pascha et Pentecostem non communi-
diversa enim observantia laterculorum caverint, catholici non credantur, nee
paschalis festivitatis interdum errorem inter catholicos habeantur.Agathens.
parturit Proinde placuit ut ante tres c. 18. Concil., torn. viii. p. 827 E.]
menses Epiplianiorum mctropolitani J [Vade-mecum, vol ii. p. 292.
sacerdotes Uteris invicem se inquirant: De pecnitentibus vero, qui sive ex
ut communi scientia edocti diem resur- gravioribus commissis, sive ex leviori-
rectionis Christi, et comprovincialibus bus poenitcntiam gerunt, si nulla inter-
suis insinuent, et uno tempore cele- veniat segritudo, quinta feria ante pas-
bnuidum annuntient.Tolet. iv. c. 5. cha eis remittendum Romante ecclesise
Concil., torn. x. p. CIS D.J con suet udo demonstrat. (Jeter um de
A. D. 740.] OF ECGBRIHT. 193

40. An item of the holy fathers. Let priests give the sa

craments of baptism promiscuously to all that want it ; and
forthwith succour all that desire penance, requiring no pay
for it, unless they or their parents, or h fosterers, freely give
somewhat. But if any one attempt to oppose these our in
stitutions, let him feel the punishment of excommunication,
or long bear the confinement1 of a gaol. ' [crum-
nam.]
h Lat. eleemosynarii.

41. A canon of the fathers. As to infants, when no cer

tain witnesses of their baptism are found, and they, by reason
of their age, can make, no proper answer concerning the
1 sacraments having been given to them; it seems fit that
they be baptized without scruple, lest through hesitation they
be deprived of the cleansing virtue of the sacraments.
1 Baptism, in this and the foregoing canon, is called sacraments, in the
plural number, as the Eucharist also often is. Sacraments is the same with
mysteries or solemn rites, and there were several such in bnptism, as then
administered; and there was a further reason for it still, viz., that in the
old English Church the Eucharist was given to children presently after
baptism.

42. An item. k There are some who mingle wine with the
water of baptism, not rightly. And Christ commanded to
baptize with water, not with wine.
k Yet some popes have [allowed, that baptism may be performel with
wine, in case of necessity. See Mons. Petit's Collections, annexed to the
Penitential of Theodore, p. 169*.

43f. [44-] The Apostles' canon. If any bishop, priest, or

deacon, obtained this dignity with money, let both him and
his ordainer by all means be deposed and cut off from com
munion, as Simon Magus was by Peter.
pondere aestimando delictorum, sacer- cil., torn. iii. p. 1030 D.]
dotis est judicare, ut attendat ad con- [and p. 160. Cf. Concil., torn. xii.
fessionem poenitentis, ct ad fietus atque p. 561 B.]
lacrymas corrigentis, ac eum (tunc) ju- + [XLIII. Ut nullus presbyter sine
bere dimitti, cum viderit congruam cbrismateproficiscatur. W.T. Cf. Arau-
satisfactionem. Sane si quis in a?gri- sic. A.D. 441. c. 2. Concil., torn. vi. p.
t inline in inciderit, atque usque ad des- 435-6. This canon seems to have been
perationem devenerit, ei est ante tem- overlooked by Spelman and Johnson ;
pus paiclix relaxandum, ne de sseculo the numbers of the succeeding canons,
absque communione secedat. Inno- as in the editions of Wilkins and
cent P. I. Epist. i. c. 7. A.D. 402. Con- Thorpe, are inserted in brackets.]
JOHNSON. v
 194 THE EXCERPTIONS [A. D. 74ft.

44. [45.] An African canon. Let not a bishop ordain

clerks, without a council of priests.
45. [46.] A canon. Let the bishop hear no cause, but
in presence of his clerks, ' excepting the case of confession*.
1 This exception is not in the CCCC MS.

46. [47.] The Carthaginian canon. Let the m rector do

nothing without consent of his brethren. For it is written,
[ Ecclus. " Do all things with advice, and thou shalt not repent
J afterwards."

m The abbot, or superior of any religious body.

47. [48.] n Ulpian the bishop says f- That decree cannot

be valid, which has not the consent of the most.
" Sir H. Spelman here has "Canon." But my friend assures me that
Episeopus dicit is very legible in the MS., Ulpianut hardly discernible ;
yet he and another gentleman skilful in MSS. did so read it: who this
Ulpian was I cannot guess. CCCC MS. reads, Cyprianus Episeopus dicit :
this is the most probable. St. Cyprian hath several passages to this pur
pose. The forty-sixth and forty-seventh canon have no other title in this
MS.

48. [49.] The Roman canon. If disputes arise in any

province, let them be referred to the greater see, or to a
synod, or to the apostolical see of Rome.
0 By this canon appeals might be made to Rome, from the bishop,
without first applying to the primate, or greater see. Ecgbriht had ob
tained from the pope the honour of the pall, and thought himself bound
to make the best requital he could to the see of Rome for that favour.
Yet appeals to Rome were seldom used till after the Conquest. Wilfred,
Ecgbriht's predecessor, had appealed to Rome to recover his bishopric,
[Addenda.] and though the pope pronounced for him, yet he could never get [quiet
possession. In truth he never got possession of his former entire see of
York, but only of one part of it. It does not appear that appeals to Rome
were at all allowed hitherto in the province of Canterbury.]

49. [50.] The bishops' canon. Let not the bishop deprive
any man of the communion rashly, lest p one bishop receive
that clerk or layman to communion by a just judgment,
whom another bishop has cast out of the Church J.

[excepta causa confessionis, Sp. f [ Cyprianus Episeopus dicit, W.T.]

W. T.] * [L. Canon Episcoporum. Non
A. D. 740.] OP ECGBRIHT. 195

t Sir H. Spelman supplied ne before justo, in his edition, and took it

from before quern, in the next line. The CCCC MS. is, Et nee quern
alius, $-c, without justo judicio : then the sense is agreeable to that of
older canons, viz., that one bishop do not receive that man to communion,
who has been expelled from the Church by another; though et does but
serve to obscure the words.

50. [51.] A Nicene canon. Let no one surreptitiously

ordain a man who belongs to another, in his own church,
without consent of him to whom he belongs.
51. [52.] A Chalcedonian canon. That no one be ordained
without a title, nor without pronouncing the place to which
he is to be ordained.
qLet no altars be consecrated by unction with chrism,
unless they be of stone.
The CCCC MS. justly makes this a distinct canon ; with this title,
Canon Epaonensis. And it is the sense of the twenty-sixth canon of
Epone, in the year 517 .

52. [53.] rA canon of Epone f. Let not oblations be

celebrated by bishops or priests in unconsecrated houses.
' CCCC MS. has here, Canon Laodicsenensis ; and it is indeed the fifty-
eighth of Laodicea j . I find no such canon in the council of Epone.

53. [54.] The canon of the saints. 'Let no man in the

prayers mention the Father for the Son, nor the Son for the
Father. But in officiating at the altar, let prayer be always
addressed to the Father.
* This is a known African canon : but what occasion there could be for
reviving this canon here in England at this time, it is not easy to say :
except you will suppose thatjsome English priests or bishops attempted to
bring some of the Gotho-Francic offices in use here. For in them the
oblation is sometimes made to the Son, contrary both to reason and
antiquity.

temere quemquam comtnunione privet + [Canon Epaonensis, W. T. This

episcopus, et ne quern alius episcopus is clearly a mistake in the Cotton MS.
ab ecclesia expulerit, sive clericum and is set right by the above readings
sivc laicum, suscipiat alius.W. T. from CCCC MS.]
In MS. justo judicio tuperscribitur manu J ["On o4 it? in tois ofcou *po<r<po-
antiqua.T.] pij yivtadai irapd imffttfawv ^ vpfaflu-
[Altaria nisi lapidea chrismatis rtpay. Laod., c. 58. (A.D. 364?) Con-
unctione non consecrentur. Epaon. oil, torn. ii. p. 574 C]
c. 26. A.D. 517. Concil., torn. viii. p. [Carthag. A.D. 398. e. 23. Con-
562 C] cil., torn. iii. p. 884 B.]
n2
 196 THE EXCERPTIONS [A.D. 740.

54. [55.] 'An item. It is sufficient for a priest to cele

brate one mass a day, because Christ once suffered, and re
deemed the world once. And it is written in Leviticus, that
Lev. xvi. " Aaron ought not to go assiduously into the holy place."
1,2.
i Canon, Sir H. Spelman, but it is not so in MS.
55. [56.] u A canon of Orleans. Let the bishop give food
and raiment, to the utmost of his power, to the poor and in
firm, who cannot labour with their hands, by reason of
weakness.
Cone. Aurelian. A.D. 509, or 51 1, c. 16*.

56. [57.] Theodore says. It is ordained, that without the

authority and consent of the bishops, priests are not to be
constituted in any churches, nor to be driven out of them ;
and if any one attempt to do this, let him be struck with a
sentence of the synod.
57. [58.] The bishops' canon. Let bishops by no means
be more drudges to secular business than to the service of
God : (far be this from them :) but let them especially attend
the cure of souls ; that, according to the Apostle, they may
reform the people of God by their examples, and instruct
them with preaching of sound doctrine.
58. [59.] A canon. Let clergymen, as entire subjects of
the bishops, pay them due obedience, and not elevate them-
1 [jactan- selves with an affectation of gasconade '.
tis,J 59. [60.] A canon of Chalcedon. If any clerks or monks
are discovered to enter into conspiracies, or treacherous de
signs against the bishops, let them be wholly degraded.
60. [61.] A Nicene canon. If any one receive the clerk
or x monk of any bishop without his consent, let him be
deemed sacrilegious, and be suspended from communion till
he restore the clerk or mouk to his proper bishop. But if
the clerk contumaciously > refuse to return, let him be
anathema.
The council of Nice takes no notice of monks, nor were there any such
men as monks at that time. See Can. Nic. It3f.
Voluerit, Sir H. Spelman and his MS., noluerit*, CCCC MS.
* [Concil., torn. viii. p. 3.31 C] though on the same subject. Concil.,
f [Vade-mecum, vol. ii. p. 57. The torn. ii. p. 075 H.]
above excerption is not the same with J [Nuluerit, W. T.]
the sixteenth canon of Nice, A.D. 32.3,
A. D. 740.] OF ECGBR1HT. 19?

61. [62.] An Irish canon. Let him who lifts up his

hand with spear or sword to strike any man near a bishop,
redeem his hand, or lose it; but if he have wounded him
too, let him shave his head and beard, aud z serve God ; yet
first let him make satisfaction to the bishop, and to the party
whom he hurt. But if any man hurt a clerk, or any of tbe
ecclesiastical order, let him make satisfaction sevenfold, in
proportion to the order [he is of], and do penance according
to the dignity thereof; or else let him walk off as an exile
from his country *. For the Lord says by His prophet,
"Touch not Mine anointed," &c. [Ps.cv.15.]
' ' To serve God,' that is, become a monk.

62. [63.] A canon of Orleans. Let abbots, according to

their religious humility, continue under the power of their
bishops ; and if they transgress their rule, let the bishops
correct them ; and let them meet once a year upon the re
ceiving of a summons from the bishop, at the place which
he shall choose. Let the monks subject themselves to the
abbots, with a most devout obedience. But if any through
contumacy do otherwise, or wander about from place to place,
or presume to have any property of his own, let all he has got
be taken away by the abbot, according to the rule, for the
profit of the monastery. Let the wanderers themselves,
a where they are found, be put under custody as renegades,
by the help of the bishop. And let him who does not lay
such persons under a regular restraint, know that he shall be
answerable for it to the abbot; as also he who receives a
monk that belongs to another f-
Ubi inrenli fuerint is wanting in Sir H. Spelman and his MS., but is
in CCCC MS. and the nineteenth canon, Concil. Aurel. before mentioned.

63. [64.] A canon of Orleans. If any abbot be not

cautious in his government, humble, chaste, sober, merciful,
[aut cxtorris propria patria exulet, (MS. adversione) distrinxerit, vel etiam
S. W. T.] qui monachumsusceperitalienum.VV.
t [Ipsi autem qui fuerint pervagati, Thorpe omits 'ubi inventi fuerint,' but
(ubi inventi fuerint, cum auxilio epi- reads the test as Wilkins. This ex-
scopi tanquam fugaces sub custodia cerption is the nineteenth canon of
revocentur, et reum se ille abbas futu- Orleans, (A.D. 501,) which reads 'ubi
ruin esse cognoscat, qui hujusinodi inventi fuerint,' ' abba,' ' animadver-
personas non regulari animadversione sione.' Concil., toin. viii., p. 354 li.j
 198 THE EXCERPTIONS [A.D. 740.

and discreet, and do not express the divine precepts, both

by his doctrine and example, let him be deprived of his
honour by the bishop in whose territory he is, and the
neighbouring abbots, and others that fear the Lord, although
his whole congregation, consenting to his vices, desire to
have him their abbot *.
64. [65.] A canon of the b Apostles f. If an abbot be a
transgressor of the divine commands, and a scorner of the
holy rule, let him be deprived of the honour of an abbot, by
the bishop of the city, with consent of the abbots and other
monks that fear God. It is fit that the bishop of the city
should take a proper care of monasteries, as the great synod
of Chalcedon decreed.
Episcoportim, CCCC MS., a much better reading.

65. [66.] Pope Leo says. The vow of a monk can in no

wise be relinquished. For one ought to pay to God what he
[Ps. lxxvl has vowed ; c for the Psalmist says, " Vow, and render to the
11] Lord."
" Namgue, Sir H. Spclman and MS., guoqve, CCCC MS. t

66. [67.] Theodore says. Let not monks go from place to

place, but continue in that obedience which they promised
at the time of their conversion .
67. [68.] Fructuosus saysd. Let the monk that is a
violator or scorner of the holy rule, or that is in a filthy
manner ' a suiterer of young boys, be publicly whipped, lose
the crown which he bears on his head, and being shorn bald,
be exposed to the basest reproaches ; or being bound with
iron chains, let him be macerated with a f close imprison
ment.
d CCCC MS. adds, bishop, and he was indeed bishop and archbishop,
in Spain.
Sir H. Spelman and his MS. have aut here, which CCCC justly leaves
outf.
' Carceruli angustia, Sir H. Spelman, carcerali, both MSS. ||
[This excerption is noticed by % [namque, W. T.]
Mansi as not found among the canons [ See above, p. 91.]
of any published council of Orleans. ^[ [vel parvulorum incestuose aut
Ibid., p. 372 A.] adolescentiuni consectator, W. T.]
f [Episcoporum, (MS.,apostolorum || [carcerali angustia, W. T.]
led mate,) W. T.]
A.D. 740.] OF ECOBRIHT. 199

68. [69.] A canon of Agde. If any monk have committed

adultery or theft, (which may rather he called sacrilege,) we
doom and ordain him that is guilty of so great a crime, to
be whipped with rods, and never enter into the clerical office.
But if when he is already a clerk, he be caught in such a
crime, let him be deprived of the dignity of that title.
69. [70.] The bishop of Aurelia says. Let monks never
have flesh in commons ; animals*, either young or full-grown,
are never to be served up at the table in the congregation :
they may be provided for, and eaten by them that are in
firm only.
70. [71.] Isidore the bishop says. gAn abbot or monk
may not give freedom to a slave of the monastery ; for it is
impious that he should damage the Church, who hath given
nothing to it.
' This is also forbidden by several of the councils of Toledo, particularly
tbat in the year 633 ; they might in some sense be freed, indeed, but not
to be at their own disposal, as other freed persons; but like the servi atcrip-
tilii. See canons of that council, 67, 70 f.

71. [72.] A canon. If any bishop, priest, or minister,

take any of those things away from the Church, which the
faithful do give in any place, he shall with confusion restore
the plunder, and h undergo the sentence of an annual excom
munication.
k This is an abridgment of the first canon of the council held at Toledo,
in the year 693. The same punishment is inflicted by the eleventh canon of
the council held there 691, for refusing to be determined by the majority of
an ecclesiastical assembly. Annua excommunicatio, may, perhaps, signify
an excommunication to last one year; but it seems rather to denote a
sentence passed once a year, viz., at the beginning of Lent, and relaxed on
Maundy Thursday. CCCC MS. hath aimce, for annua, a mere blunder.

72. [73.] An Irish canon. Let restitution fourfold be made

for the goods of the Church stolen or plundered, double for
the goods of common men.
73. [74.] ' An Irish canon. If any one have stolen goods
from the church, let the lot be cast, whether the [thief's]
hand be cut off, or he be thrown into gaol, there long to fast
and mourn; and let him restore what he had taken, or be
fpiilli vcro vel altilia cuncta in congregatione non ministrentur, S. W. T.]
f [Concil., toin. x. pp. 635-6 C]
 200 THE EXCERPTIONS [A. D. 740.

sent into banishment, and make double restitution. But if

he stay in his own country, let him make fourfold restitution,
and do perpetual penance.

1 This canon may justly be deemed to have come from Ireland ; for it
savours of the barbarity of that people ; and yet it agreed well enough
with the temper of Ecgbriht, and the Northumbrians : for in the Formula
veteres, following these Excerptions, in the Cott. MS., in the chapter, De
improviso judicio seculurium, you have the following directions, " Some are
to be chastised with fetters, and some with scourges, others are to be dis
tressed with hunger and cold; let others endure the reproach of losing their
skin, hair, and beard, all at once ; let others be yet more sharply distressed,
that is, let them undergo the loss of an eye, nose, hand, foot, or other mem
ber." The truth is, this practice of pulling the skin of the whole head off,
was so familiar among our ancestors, that they had a single word or term
of art, whereby to express it, viz., hasxian.

74. [75.] A canon of Toledo. If a clerk be caught de

molishing of sepulchres, let him be removed from the clerical
order*. If any one [else] violate a sepulchre, let him do
seven years' penance, three of them in bread and water.
75. [76.] k A canon of Eliberis f. They that fly to the
Church for refuge, ought not to be forced from thence ; but
their lords may ' persuade them to be gone, by promising
their intercession %. But if the lord inflict any punishment
on them, when they so go out, let him be deemed an enemy,
and excommunicated. [77 .] If any man do hurt to a man
under Church sanctuary, or m under the seal of sanctity, let
him make sevenfold satisfaction and restitution, and likewise
continue seven years in hard penance ; otherwise he is to be
excommunicated from the whole Catholic Church.

' Sir H. Spelman and his MS. have canon Hibritan, which he under
stood as if it had been Hibern, but the CCCC MS. has Heliberitan ; yet
there is no such canon among those of Eliberis ; and if that council were
held, as it is pretended to have been, before Constantine's conversion, it is
impossible that such a canon should be there made, for sanctuary is a civil
privilege. But there are several canons cited by old collectors, as from
Latin councils, which yet are not found in the most approved copies. And

Ta clericatus ordine pro sacrilegio tercessione persuadeant, T.]

aubmoveatur, S. W. T.j [LXXVII. Canon Hibern. Si quis,
+ [MS. legit Hebritan : forte Elibc- &c, W. T. Sir H. Spelman's edition
ritan, W. T.] here repeats Can. Hib. in the margin.]
J [Sed eos domini sui promissa in-
A. D. 740.] OF ECGBRIHT. 201

some of the canons now called Eliberitan, were by them entitled Ilibcrn,
as if they had been made in Ireland.
1 CCCC MS. has exire persuadeant.
" That is, ordained to the clergy, or shorn for a monk. This whole
clause is wanting in the CCCC MS.

76. [78.] Jerome says. The Church defends such as she

receives into her bosom, like an hen, which broods and de
fends the chickens that are, or that are not her own ; so the
Church ought to defend all that flee to her.
77. [79.] An Irish canon. Let him who kills a man
within the verge of a monastery, get him gone into banish
ment, with damnation ; or else quitting his arms, and shaving
his head and beard, let him serve God the rest of his life ;
yet let him first make satisfaction to God, and the kindred
[of the party murdered.]
78. [80.] Jerome says. They who sin in a consecrated
place are to be slain there. Phinees killed the man and Numb.
the whore in the camp, (n as Mattathias did the Jew who sacri- "*'
r' v 1 Mace. n.
ficed to an idol.) The holy places defend not him who 2325.
pollutes what is holy. Christ scourged the malefactors in
the temple.
n The words in this parenthesis are not in CCCC MS.

79. [81.] Jerome says. He that strikes evil men because

they are evil, is a minister of the Lord.
80. [82.] Jerome also says. To punish such as are guilty
of murder and sacrilege, is not shedding of blood, but an ad
ministration of the laws. He hurts the good who spares the
bad.
81. [83.] A canon of Orange. All religious offices are to
be administered to idiots .
Lat. amentibus. Canon Araus. 13*.

82. [84.] A canon of Carthage. Let exorcists lay hands

on the possessed every day f.
83. [85.] A canon of Orange. They who are sometimes
notoriously p possessed, are not only not to be admitted to any
[See next page, first note.] ponant. S. (82) W. T. This is Can.
t [LXXXIV. Canon.Carthag.Omni 90, Carthag. A.D. 398. Concil., torn.
die exorcists energutnenis maims im- iii. p. 958.]
202 THE EXCERPTIONS [A. D. 740.

clerical order, but, if some such are ordained, they are to be

repelled from the office conferred on them.
p Lat. arrepti, Sir H. Spelman and the MSS., but in the council of
Orange it is energumeni*.

84. [86.] A canon of Carthage. Let him who goes out

of the auditory, while the priest is preaching, be excom
municated.
85. [87.] A canon of Carthage. Let not a layman dare
teach in the presence of clergymen, ' unless it be at their
request.
* Lat. in Sir H. Spelman and both MSS., nisi ipsis provocandis, but in
can. 98, fourth council of Carthage, nisi ipsis rogantibusf.

86. [88.] r Isidore says. Let not the worldly wise, how
wise soever, condemn the ecclesiastical judicature J.
' This canon is without title in CCCC MS.

87. [89.] A canon of Carthage. Let not a woman, though

learned and holy, dare to teach men in the assembly .
88. [90.] A canon of Carthage. Let the bridegroom and
bride be offered by the parents, and bridefolk, to receive the
priest's benediction ; and let them remain virgins that night,
in * honour to that benediction, when they have received it.
* I am sorry to see such a superstition countenanced by so early a coun
cil ; but so it is in canon 13 of the fourth council of Carthage IT.

* [This is a mistake, arising proba- ad ullum ordinem clericatus, scd etsi

lily from the use of the word ' encrgu- jam aliqui ordinati sunt, ab imposito
meni'in the two canons which come officio repellendi." Can.Arausic.A.D.
between the two above quoted in the 441. Concil., torn. vi. p. 438-9.
council of Orange : With the first and last of these canons,
XIII. " Amentibus quxcunque pie- omitting 'et' before 'si' in the last,
tatis sunt conferenda. the Excerptions [83] and [85] agree
XIV. " Energumeni jam baptizati, word for word. In Excerption [83]
si de purgatione sua curant, et se soli- Wilkins and Thorpe suggest ' opera,'
citudini clericorum tradunt, monitis- which seems unnecessary, and is not
queobtemperant,onmimodiscommuni- given by Spelman.]
cent, sacramenti ipsius virtute vel mu- f [Male MS., habel provocandis pro
niendi ab incursu dsemonii, quo infes- rogantibus, W. T. XCVIII. Laicus
tantur ; vel purgandi, quorum jam os- prxsentibus clcricis nisi ipsis juben-
tenditur vita purgatior. tibus docere non audeat Cartbag.,
XV. " Energumenis catechumenis A.D. 398. Concil., torn. iii. p. 959 A.]
quantum vel necessitas exegerit, vel J [Isidorus dicit Omnis mundialis
opportunitas permiserit, de baptismate sapiens, si sapiens sit, non judicet ju-
consulendum. dicia ccclesia;, W. T.]
XVI. " Qui palam aliquando ar- [Can. 99. ibid.]
repti sunt, non solum non assumendi H [Ibid., p. 952 C.J
A.D. 740.] OF ECGBUIHT. 203

89. [91.] A canon says. That a priest ought not to be

present at a feast made on occasion of a second marriage ;
especially when it is required that penance be laid on second
marriages.
90. [92.] Pope Gelasius. The holy veil ought not to be
put on virgins, or ' widows* devoted to God, except on the
Epiphany, or Low-Sunday, or on the nativity of an Apostle,
unless they be dangerously sick, (as has been said in relation
to baptism,) then let it not be denied them, if they implore
it, that they may not pass out of the world without this
gift. .
' Yiduis is wrote with a late hand in Sir H. Spelman's MS.

91. [93.] A canon of Carthage. It seems fit that a man

be not ordained deacon, nor a virgin consecrated, before they
be twenty-five years of age, u unless a reasonable necessity
compel.
This exception is not in the fourth canon of the third council of
Carthage. Yet sonic copies add another exception, viz., unless they he
well instructed in the Scripture from their infancy, &ct

92. [94.] Basil the bishop. * Yet J infants ought to be

received, with the will and consent of their parents, or rather
offered by them before many witnesses.
Tarn, Sir H. Spelman and his MS., tamen CCCC MS. But Basil de
clares directly against this, can. 18 .

93. [95.] Isidore. Whoever hath been settled in a monas

tery by his own parents, let him know that he is always
there to remain. For Hannah offered her son Samuel to
God, when a child, and now weaned ; and he continued in
the ministry of the temple.
94. [96.] A canon of the Romans and Franks. A boy till
he is fifteen years old, is to be chastised with corporal dis-

[velviduis ab antiqua manu luper- irpb ttjs riKixtas, oix oXko9(v 4fi/jj0ff<raj
imporita, W. T. ] irpbs ayafiiaV awi ti Riarixby iauroTs
f [cf. Concil., torn. iii. 880 E.] tioucot/uroi, as ou ftqSias irpoabixf^ai
X [tamen, W. T.] St?, tais av ipavtpiif ri)v tbiav airr&v
[Vade-mecum, vol. ii. p. 233. tptvirfiaufuv yvu>ikf\v.S. Basil., Op.,
rioAAas yap yovtis lrpoadyown, xal torn. iii. p. 292 A.]
abt\<pul, hal tvp wpotTrjK&vTa/v Tuts,
 204 THE EXCERPTIONS [A. D. 740.

cipline for his crimes : whatever crime he commits after

wards, or if he steal, let him make restitution, and pay ac
cording to law.
95. [97.] A canon of Neocsesarea. Let no one, in any
case, be ordained priest before the thirtieth year of his age,
unless reasonable necessity compel ; because the Lord Jesus
preached not before the thirtieth year of His age.
96. [98.] A Nicene canon. ?That a bishop be ordained
by the bishops of the whole province, if it be possible ; if this
be difficult, however not by fewer than three. Ordinations
of bishops ought to be on the Lord's days, not in the
country, or small towns, but in the chief cities, in regard to
the dignity of so great a title.
' This is a jumble of the fourth canon of Nice, and of the sixth of Sar-
dica ; or rather, of some part of each. That of Sardica was misunderstood ;
for it was meant of creating bishoprics, by the Sardican fathers, but here
understood of ordaining bishops. That bishops should be ordained on the
Lord's day, is no part of either canon .

97. [99.] But [let the ordination of] priests and deacons
be on the z sabbaths of the four seasons ; that this ordination
being performed in the presence of the people, the reputation
of the elected and ordained may be debated under the tes
timony of all f-

1 Saturday in the Ember week (because the fast was not then ended)
was thought the most proper season for ordaining priests and deacons:
but the ordination was not to begin till toward evening, and it was not to
be completed till the Lord's day morning, before the fast was broken.

98. [100.] The canon of the saints. Let the priests of

God always diligently take care that the bread, and wine,
and water, (without which masses cannot be celebrated,) be
pure and clean; for if they do otherwise, they shall be
punished with them who offered to our Lord vinegar mixed
with gall, unless true penitence relieve them.
99. [101.] Of tithes. It is written in the law of the Lord,
[Ex. xxii. "Thou shalt not delay to offer thy tithes and first-fruits."
29, Vulg.]
[cf. Concil., torn. ii. p. 669 C, and torum ordinatorumque opinio discu-
toin. iii. p. 10 E.] tiatur, VV. T.]
f [sub omnium testificatione elec-
A. D. 740.] OP ECGBRIHT. 205

"And in Leviticus, "All the tithes of the ground, and of thefLev.xxvii.

trees, are the Lord's, oxen, and sheep, and goats, which pass ' ' '*
under the rod of the shepherd, whatsoever is the tenth, shall
be sanctified to the Lord : neither the good nor the bad
shall be chosen, nor shall any change be made."
Here this canon ends in CCCC MS.

100. [102.] Augustin says. Tithes are the tribute of the

churches, and of needy souls. The Lord, O man ! demands
tithes of that whereby thou livest : pay tithes of what thou
gettest by bearing arms, by trade, by handicraft. Our God
is not indigent, He requires not gifts, but honour.
101. [103.] An item in the law. "When thou reapest [Lev. xix.
the corn of thy land, thou shalt not cut it close to the surface
of the ground, nor gather the ears that remain, neither shalt
thou gather the bunches and grapes that fall down in thy
vineyard, but thou shalt leave them to be gleaned by the
poor and stranger."
102. [104.] Also in the law. "If thou come into the [ Dm.
standing corn of thy friend, break off the ears, and rub them XXI"' '"
in thy hand, but reap them not with a sickle." This our Sa
viour's disciples also did; they rubbed the ears of corn in
their hand, and eat them on the Sabbath, as the Gospel [Luke vi.
saith.
103. [105.] An item in the law. "When thou goest into [Deut.
the vineyard of thy neighbour, thou shalt eat as many grapes XX1"' l '
as thou pleasest ; but carry none out with thee."
104. [100.] An institution of the fathers. Men must do
nothing on the Lord's day, but attend on God with hymns,
and psalms, and spiritual songs. b And all the days of Easter
week are to be observed with equal devotion.
k The following clause is not in C6CC MS. Yet the observation of the
whole Easter week was enjoined by the second canon of Mascon, in the
year 588 .

105. [107.] A canon of Orleans. We think it reasonable

to be observed, for mercy's sake, that they who are imprisoned
for any crime be looked after by the archdeacon, or c reeve1 of [pm-po-
the church, every Lord's day, that the straitness of them that 81
[Concil., torn. ix. p. 950 C]
206 THE EXCERPTIONS [A. D. 740.

are in bonds may be mercifully relieved, and competent

victuals be given them by the bishop, from the house of the
church.
c The reeve of the church was the bishop's steward for secular affairs;
the twentieth canon of Orleans, in the year 549 or 550, is almost in the
same words .

106. [108.] An item. Let him that d commits the con

jugal act on Lord's day night, do penance seven daysf; let
him that does it on Wednesday or Friday, do penance three
days ; he that does it in the Lent before Easter, let him do
penance a year.
d Lat nupserit : some later hand has written over this word, tc. cum
pompa conjugii, as if it were meant of solemnizing marriage ; whereas
nubo, in the canonists of this age, especially in the penitentiary canons,
does generally signify as I have translated it in the text : they frequently
speak, De nubendo masculis, brutis, Arc. And the mentioning of the
night determines the word to this sense. In Bede, de Rented. Peccalor.,
c. 2, you have these words ; Qui in Ecclesia conseerata nuounl.,.3 dies
p<eniteanl%. Petit's Collections on Theodore's Penitential are full of the
like expressions.

107. [109.] An item. Let no one presume to break pub

licly enjoined fasts, lest he incur the wrath of God.
108. [110.] e From the council of Brague. Religious men
ought not to take victuals, nor to go to meals, till the third
holy hour of the day : nor should clerks eat bread at any
time, till they have first said an hymn, and r after meat they
should give thanks to the donor.
e This canon is written with a later hand in Sir H. Spelman's MS. in
the Cotton Library, and in the margin, not in the text; and the word
horam is omitted in the interpolation. It is to be feared that the inter
polator did not understand the canon. It is the sixty-fifth canon of Martin
of Braga, and sent by him to the council at Lugo, in the year 572. In

[Concil., torn. ix. p. 134 B.] horam diei iii. cibum sumere nee con-
t [Qui Dominica nocte nupserit, vivia inire; neque clericos aliquando
vii dies poeniteat, S. W. T. Sir H. Spel- nisi hynmo dicto edere paneni, et post
man makes a note in the margin, ' nup- cibos gratias Auctori referre.W. T.
tiarum temp, prohibita.' Voci nupserit The sixty-fifth canon of Martin of
superimponatur in MS. cum propria Braga omits ' cibum sumere,' but i
conjuge, W. T.] otherwise word for word the same as
X [Cone. Spelman, vol. i. p. 283.] this excerption. See Concil., torn, ix.
[CX. Ex concilio Bracarens. Noil p. 857 B.]
oportet homines religiosos ante sacram
AD. 740.] OF ECGBRIHT. 207

that age there were but six canonical hours, nocturns and matins before
day, tiers, mid-day, nones, and vespers, for the day. Nones was the third
holy hour, or time of prayer. But by the time of Ecgbriht and Cuthbert,
prime was added, therefore then nones was the fourth holy hour of the
day*.
i The hiatus, before post, and in the word Bracarensi, and the want of
several other letters in the MS. itself, was occasioned by the cutting of the
margin, when the book was bound, as my learned friend assures me.

109. [111.] A canon of the saints. Let them who are

married contain themselves for three nights before they
communicate, and one afterwards. Upon which the Apostle
says, " Defraud not one another but by consent, that ye [l Cor. vii.
may for a time attend on prayer." *
110. [112.] Gregory says. If any one use his wife, not
out of lust, but for procreation of children, he is to be left to
his own discretion, either as to going to church, or receiving
the mystery of the body and blood of the Lord ; for he ought
not to be prohibited by us, since he may go to church, accord
ing to the aforesaid determination. But because the lawful
embraces of the married cannot be without the will of the
flesh, therefore there should for some time be an abstinence
from entering into the holy place, because such a will cannot
be without fault.
See Gregory's answer to Augustin's eighth question, Art. 6.

111. [113.] Of marriage it is written in the law. " If Exod. xxii.

a man seduce a virgin not betrothed, and lie with her, he
shall endow her, and take her to wife."
112. [114.] Augustin saith. As he who takes a wife,
desires to find her a virgin ; so let him also keep his virginity
till marriage.
113 t. [115.] Let young men, when they come to the age
of puberty, either marry, or profess continence. Young
women at the same age ought to observe the same law.
114. [116.] Paul the Apostle says. "For [the avoiding] [l Cor. vii.
fornication, let every man have his own wife, and every
woman her own husband." And let no one presume to
separate lawful matrimony. " What God hath joined, let [ Matt. xix.
no man put asunder."
[Tierce, the third hour, that is, 8-9 a. m. is meant in the canon.]
t [Synodus Horn, dicit, W. T.]
 208 THE EXCERPTIONS [A.D. 740.

p Cor. yij- 115. [117.] Paul saith. " The woman hath not power over
4"J her own body, but the man; and the man hath not power
over his own body, but the woman."
116. [118.] The synod saith. A man may marry another
woman, a month after the death of his wife ; a woman may
take another man, a year after [the death of her husband.]
[l Cor. vii. 117. [119.] Paul the Apostle saith. "A woman is tied by
J" the law, as long as her husband liveth ; but if her husband
die, she is free, let her marry to whom she will, but only in
the Lord. But she will be happier if she so remain."
118. [120.] hAlso an African canon. Lawful matrimony
may not be separated, without consent of both parties : but
one may give leave to the other to enter into the service of
God, with the advice of the bishop. Some also say, if an hus
band or wife by consent becomes religious, the other, being
very young, if not able to contain, may engage in a new mar
riage ; which I do not approve. But though a married man is
willing to be converted to a monastic life, he is not to be ad
mitted, unless he be first loosened by his wife's professing
chastity also. For if she, through incontinency, marry another,
while he is alive, she will be an adulteress, beyond all doubt :
and he who hath dismissed her will be partaker in her sin.
h One may dare pronounce this to be no African canon, without making
any enquiry ; but the worst part of it is attributed to Jerome, in Excerp
tions according to the CCCC MS., which see.

119. [121.] An item concerning lawful matrimony. Let

no one presume to separate lawful matrimony, but by consent
[Matt xix. of both, and for love 'of Christ, who saith, "He that hath
29-J left a wife, &c, shall receive an hundred fold, and inherit
eternal life." And let no man dismiss a wife for any cause,
but fornication, because the Pharisees tempting our Lord
[ Matt. xix. Jesus Christ, " asked Him, if it were lawful for a man to
""" ' divorce his wife*," &c, till you come to those words,
" Whosoever divorceth his wife, except for the cause of forni
cation, and marrieth another, committeth adultery : " there-
[l Cor. vii. fore the Apostle saysf, "Let not a woman depart from her
10.]
[The quotation, is given at length cipio, non ego, sed Dominus, uxorera
by S. W. T.] a viro non discedere."S. W. T.]
+ [Undo et Apostolus dicit, "prse-
 A. D. 740.] OP ECGBRIHT. 209

husband." And again, "Art thou bound to a wife? seek

not to be loosed. Art thou loosed from a wife? seek not a
wife." It is elsewhere written, concerning adultery, or for
nication', "He that retains an adulteress is foolish and
wicked *." k Ezekiel also speaks of casting out the children
of adultresses, with their mothers, " Cast out the fornicating
mother, and the children of fornication." And Augustin
says, "If a woman commit fornication, she is to be dis
missed; but another is not to be married, while she is
alive f." Wherever then there is fornication, and a just sus
picion of fornication, the wife may freely be dismissed ; but
otherwise, though she be barren, deformed, rank, a sot, a
shrew, ill-behaved, luxurious, senseless, gluttonous, a stroller,
impertinent J, slanderous, whatever she be, as you took her,
you must have and hold her; for the Apostle says', "when
thou wast free, thou didst of thine own accord put thyself in
a state of bondage."
' That is, of a monastic life.
J Prov. xviii. 23. LXX and Vulg.
k This citation is interpolated by the same hand that inserted can. 108 ;
and they are only in the margin of the MS.
The Apostle says something like this of himself, t Cor. ix. 19, but not
in relation to marriage. It is no extraordinary thing for the writers of
this age to coin a new text of Scripture.

120. [122.] The African canon. According to the Evan

gelical discipline, neither let a wife, dismissed from her hus
band, take another man, the former living ; nor an husband
another woman ; but let them so remain, or be reconciled.
121. [123.] Augustin says. If a woman commit fornica
tion she is to be relinquished, but another must not be taken
so long as she lives.
122. [124.] A canon says. If a woman depart from her
husband with a contempt of him, refusing to return and be
reconciled to him, he may take another wife after five, or
seven years, with the bishop's consent, if he cannot contain.
[The Vulgate closely following the impius.]
Septuagint has: t [Cf. S. Aug. Op., torn. vi. p. 407
Prov. xviii. 22. Qui inrenit muli- A. De conj. adult, lib. ii.]
trim bouam, invenit bonum : et hauriet J [nugatrix, S., jurgatrix, W. T. Cf.
jucunditatem a Domino. Qui expellit S. Hieron. Op., torn. vii. p. 146, in S.
mulierem bonam, expellit bonum : qui Matt xix. 9, 10.]
autem tenet adulterant, stultus est et
JOHNSON. ,i
210 THE EXCEKPTIONS [A. D. 7+0.

m But let him do penauce for three years, or even so long as

he lives, because he is convicted of adultery by the sentence
of our Lord *.
" If it was a crime, how could the bishop's consent make it lawful? If
it was not a crime, what occasion for penance ? yet see Theodore's Council,
can. 10 with note, in the year 673+. See Theodore's Penit., as published
by Petit, c. xi. p. 10. Si cujus uxor fornicata fueril, licet dimiltere earn, et
accipere aliam....Illa rero, si voluerit panitere peccata sua, post duos annus
aliutn accipiat virum ; hoc est si in primo conjugio essenl secundum GrtBcuS.
...Si mulier discesserit a viro, nolens reverti, et reconciliari viro, post quin-
que annos, cum consensu episcopi, aliam liceat uxorem [ducerel] Our re
formers allowed a dissolution of marriage for desertion, long absence, mor
tal hatred, Sec. ; and in all these cases permitted a second marriage. Sec
Reformatio Legum Bed. de Adulteriis et Divortiis, c. 8 10.

123. [125.] An item. If any one's wife be taken captive,

and cannot be redeemed, let him take another after seven
years; but if his own, that is, his first wife, do afterwards
return out of captivity, let him receive her, and dismiss the
latter. Let a woman do the same, if this happen to her
husband J.
124. [126.] Of the matrimony of slaves. If the master of
a male and female slave join them together in marriage, and
one of them be afterwards set free, and the other cannot be
redeemed, the freed party may (as some think) marry to
another that is free ; yet by the sentence of our Lord, he is
convicted as an adulterer. Let him, therefore, that does
thus dismiss his first wife, on account of human servitude,
and marry another that is free, do "penance three years in
bread and water, and do some sort of penance during life :
and let the woman that does this do penance in like manner.
If a freeman marry a female slave of his own, or that belongs
to another, he may not dismiss her, if they were first joined
together by mutual consent : if he do dismiss her and take
another, whether bond or free, let him do penance as above.
Yet even in this case the second marriage holds as to the vinculum,
[This agrees with the text of Spel- Si continens esse non potent, iii. an-
man, Wilkins, and Thorpe, but in the nos poeniteat; quia juxta sentential
Penitential of Theodore the canon is Domini mcechus comprobatur. Theod.
thus given: rcenit. ed. Thorpe, c. xix. 23.]
Si mulier discesserit a viro suo, despi- f [See above, p. 94.]
ciens eum, nolens revertere et recon- j [Theod. Pcenit. ed. Thorpe, c. xix.
ciliari viro, post v. annos, cum consensu 24.]
episcopi, ipse aliam accipiat uxorem.
A. D. 740.] OF ECGBRIHT. 211

according to this canon, and Theodore, ubi supra*, Maritus si ipse seipsum
in furtn, aut fornicatione, senium fecerit, (this shews that the punishment
of theft and fornication was forfeiture of liherty,) vel quocunque peccato,
mulier si prius non habuii conjugium, habet potestatem post annum allerum
accipere virum. In case the husband or wife were taken captive, the point
was unsettled : it is declared that the husband or wife may, after five years,
marry again ; but upon the return of the captive, the first marriage takes
place, according to the first determination ; the second, according to the
second.

125. [127.] Of concubines. Augustin says, what a thing

is this, that many men, before marriage, are not ashamed to
take concubines, whom after some years they dismiss, and
then take lawful wives? Therefore, before the Lord, and
before His angels, I testify and denounce that God ever for
bad such marriages, and that they never were pleasing to ,
Him : and it never was, is, or shall be, lawful to keep con
cubines, especially in Christian times.
126. [128.] An item in the Law. Let none defile them
selves with incestuous conjunctions, because it is written in
Leviticus, " Let no man go in to her that is near akin, to [Lev. xviii.
uncover her nakedness." And again, "The soul that does ' '*
any of these things shall be cut off from the midst of the
people." But they to whom unlawful conjunction is for
bidden, shall have the liberty of entering into a better
marriage.
127. [129.] A synod says. They who have been coupled
in unlawful matrimony ought not, after penance, to be in the
same house together, lest they be coupled together out of
love.
128. [130.] Also a synod, concerning the marriage-bed of
a dead brother. Hear the decrees of the synod : let not a
surviving brother go into the marriage-bed of his deceased
brother, since the Lord says, "They two shall be one flesh j" [Mark
therefore the wife of thy brother is thy sister.
129. [131.] Gregory says. If any man marry a nun, a
godmother, a brother's wife, a niece, a step-mother, a cousin-
german, a near kinswoman, or one with whom a near kins
man has had [to do], let him be anathema.
130. [132.] Also concerning such as are near akin, Gregory
* [Theod. Pamit., ed. Petit, c. xi. p. 10 ; the whole passage is quoted above,
p. 94, note.]
o 2
212 THE EXCERPTIONS [A. D. 740.

thus answered Augustin's questions. (This is the same with

Gregory's fifth answer to Augustin, till you come to these
words, ought to abstain from each other*.)
131. [133.] "An item concerning the rational excuse. A
long time after this, Gregory t being asked by Felix, bishop
of Messana in Sicily, whether he had written to Augustin,
that marriages contracted by the English in the fourth gene
ration should not be dissolved, the most humble father
among other things gave this account of it j " What I wrote
to Augustin our disciple, bishop of the nation of the English,
concerning the marriage of near relations, we certify was
written, not to others in general, but to him and to the
nation of the English, just now come over to the faith J, in
particular, and the whole city of Rome is witness, that I
wrote not to them with an intention that they should not be
separated if they married such as were related to them in
blood or affinity, even to the seventh generation, after they
had once been settled and grounded in the faith ; but while
they were yet novices, I began to teach them both by pre
cept and instances, their former unlawful deeds . And we
ought in reason and fidelity to make an exception against
what they shall afterwards do of this sort. For in imitation
of the Apostle (who says, ' I gave you milk and not strong
meat/) we made this allowance for the present time, not for
the future, that the kindly seed might not be scorched^f before
it had taken root, but might gain a gradual strength, and be
preserved till it came to perfection."
I am little concerned whether this he true in fact, or not: but the most
impartial papists (says Dr. Care) esteem this letter spurious || ; and the first
that attributes this to Gregory, is Joanes Diaconus, who wrote above an
hundred years after Ecgbriht; I mean, that he is the first, unless you will
suppose that this is a genuine excerption of Ecgbriht's. Ivo and Burchard
cite Joanes Constantinopolitanus for saying this to Felix of Messana:
Gregory the Vllth, and Alexander II., cite them as the words of Gregory

[See above, p. 69.] Medardi,epislolse771ibriii. subnexum,

f [Regist. 1. xii. indict, vii. epist 32.] et epistolain 32 libri xii. ad Fcelicem
X [ne a bono quod ceperat, metu- episcopum Messanse, spuria esse faten-
endo austeriora recederet, S. W. T.] tur ipsi conciliorum editores. Cave,
[Sed adhuc illos neophitas exit- Hist Lit., vol. i. p. 545. CI'. ConciL,
tentes, coepisse eos prius illicita docere, torn. x. p. 425. For an opinion in
et verbis et exemplis instruere, W. T. ] favour of the genuineness of this epis-
lf [exureretur, S., erueretur, W. T.] tie, see S. Greg. P. i., Op., ed. Ben.
|| [Privilegium sane monasterii S. toin. ii. p. 1277, note.]
A. D. 740.] OF ECGBRIHT. 213

the Great, but they are too young evidences in this point. See Causa 35,
quffist. 3, c. 20. They are not in CCCC MS.; my reader will not wonder if
my translation here does not exactly agree with Sir H. Spelman's text. I
have in several particulars followed the copy in the Corp. Juris Canonici,
before hinted.

132. [134.] A Roman canon. A layman who defiles him

self with an p handmaid of God, or with his godmother, or
near kinswoman, or her with whom, perchance, his kinsman
hath had [to do], let him first be anathematized, and after
wards do seven years' penance ; three [of them] in bread and
water. Let the woman do the same penance. Because
Christianity equally condemns fornication in both sexes.
* A nun.

133. [135.] An item. The apostolical Pope Gregory,

being present in Synod before the body of the most blessed
Peter, said, if any one marry a ' presbyteress, let him be
anathema1.
* By the presbyteress must be meant an abbess, or the superior of some
convent of women. See Decrees of Pope Gregory II. which were made
not much more than 20 years before Ecgbriht's Excerptions were
compiled*.

134. [136.] An item. If any man marry a nun, whom

they call a servant of God, let him be anathema2.
135. [137.] 'An item. If any marry one of his own kin
dred, or one with whom his near kinsman has had [to do] , let
him be anathema: and all answered and said, Amcnf.
' This canon is in the margin of the MS. in the same hand with can. 108.

136. [138.] An item. If any one commit fornication with

two women, related [to each other] , first let him be anathema
tized, and then do penance for seven or ten years.
137. [139.] "Also Gregory to Bishop Felix. We decree,

* [Post hanc omnium consonant duxerit, anathema sit.

responsionem, Gregorius apostolicua 'III. Si quis monacham, quam Dei
papa ante corpus memoratum venera- ancillam appellamus, in conjugium
bilis Christi apostolorum, principis in- duxerit, anathema sit.Concilium
ferendo sententiam dixit. Romanum I. sub Greg. II. A.D.
1 1. Si quis presbyteram duxerit in 721. Concil., torn. xii. p. 263 C]
conjugium, anathema sit. f [ibid., c. ix.]
II. Si quis diaconam in conjugium
214 THE EXCERPTIONS [A. 1). 740.

that every one preserve his own pedigree to the seventh gene
ration : and it is not, nor ever will be, lawful for a Christian
to marry any, so long as they know them to be akin ; and we
will not be reproved either by ' you, or others of the faithful
because we indulged the nation of the English in this point,
not by giving them a prescribed rule, but a permission : we
did it that they might not lay aside that Christianity which
they had imperfectly received.
See note on can. 131.
' Nobis, Sir II. Spelman ; Vobis, MS*.

138. [140.] Concerning u schemes. The branches in the

pedigree of a family are called schemes, when the degrees of
consanguinity are distinguished, viz., such an one the father,
such au one the son, such an one the kinsman, and so on :
the x manner of it appears in what follows. And this con
sanguinity, whilst it orderly parts itself by gradual descents,
and comes at last to the lowest degree, and ceases to be what
it was, the law of matrimony, by its bond, brings it back
again, and rccals it when it is now vanishing. It is for
this reason that consanguinity is continued to the sixth
degree of relation, that as the generations of the world, and
the state of mankind is limited to six ages, so propinquity
of stock may be terminated by the same degrees. It is not
therefore convenient, that any within these degrees should
be coupled in matrimony : nor is it, or ever will it be lawful,
for any Christian to marry her whom any nearly related in
blood have had to wife before; because such incestuous
copulation is abominable to God. We read, it was long since
ordained by the fathers, that such as are incestuous should
not be called husband or wife.
" Sir H. Spelman put tlemmata, for schemata^.
1 This canon was clearly put before a tree of consanguinity, as they call
it, in the book, wherever it was, from whence it was transcribed into this
collection.

139. [141.] Pope "VirgiliusJ. If the altar be taken away,

let the church be consecrated anew. If the walls are only
[vobi, W. T.] X [Vigilius Papa, W. T. He was
f [De schematibus, MS. De stem- pope A.D. 538555.]
matibus. W. T.]
A. D. 740.] OF ECGBRIHT. 215

altered, let it be reconciled with salt and water: if it be

violated with murder, or adultery, let it be most diligently
cleansed, and consecrated anew.
' Read Vigilius. There is a decree of his extant in his first epistle,
and in De consecr., dist. i. c. 24 , relating to this matter : hut instead of
altaria, he has sanctuaria ; hy which, I suppose is meant, the relics of
saints, without which no church of old could be consecrated. But his
decree is very obscure, and there is very little resemblance between that
and this canon.

140. [142.] Pope Virgiliust "out of the Council of

Carthage, Gregory. When any one, being a clerk, comes to
his trial, if he desire it, and there be occasion, let the respite
limited by the fathers be granted upon his request, without
obstruction, and let selected J judges be allowed him by his
bishop : if he at that place fear the violence of the rash
multitude, let him choose a proper place, where he may have
his witnesses, if occasion be, without fear, and bring his cause
to an issue without impediment, according to canon, because
many things used to happen by way of surreption * for
mercy is better than all holocausts. We must not act in
ecclesiastical causes as in secular. For in secular causes, he
that is sued at law cannot withdraw till he have appeared,
and pleaded, and given his answer, and the cause be ended.
But in ecclesiastical, he may withdraw, if there be occasion,
or if he see himself aggrieved, upon the hearing of his cause.
* This canon is clearly framed from canons 15, 96, 121, 122||, &c. of
the African code. For se electi read a se electi ', or selecli. In Sir H.
Spelman's chasm, my friend reads a patre ' ; which I translate, by his
bishop, according to the sense of the African fathers. In the first line of
this canon, Sir H. Spelman has noluerit, the MS. voluerit%
* Sententiam fratris qua, (so my friend supplies this chasm from the
MS.) misericordiam vital s, are to me unintelligible words.

141. [143.] bIn the Nicene synod. It is ordained, that

* [Vigilius papa ad Euterium, [Sententiam fratris, quae 'miseri-

epist. i. c. 4; Gratiani Decretum, De cordiam vetat, non solum tenere, sed
Consecr., dist. i. c. 24, p. 2335.] etiam audire refugite; W. T. The
t [CXLII. Ex coucilio Carthagi- meaning is clearly, "The opinion
nensi Gregorius. W. T. The repetition of a brother, which forbids mercy, shun
of " Virgilius Papa" in Sir H. Spel- not only to hold, but even to hear."]
man's edition is clearly an error.] || [Concil., tom. iii. pp. 717,801,
X [et judices 'a se electi tribuantur 819,821.]
U [volucrit, W. T.]
216 THE EXCERPTIONS [A.D. 740.

there ought to be no judges in synod, but such as he who is

impeached hath chosen, or such as his primates have ap
pointed, with his consent, by the authority of this holy see :
for it is an indignity to him who ought to have judges of
his own province, and chosen by himself, to be tried by
foreigners.
b This excerption too is patched up wit of the African canons, 13, 20,
&c. ' By the authority of this holy see,' is owing to the invention of the
interpolator.

142f. The gift, sale, or exchange of any thing belonging

to the church, made by the bishop without the consent and
subscription of his clergymen shall be void.
143. [145.] Let no monk presume to judge, or to receive
a secular accusation against a clergyman. If any one be con
victed of attempting this, let him know that he is to be
degraded, according to the statutes of the fathers0, as an
exactor and possessor of usury, while any man is under
grievous crimes he cannot purge away the sins of others, so
long as he is laden with his own.
c I read, Velut exactor fcenoris%, aut usurarum possessor, as Sir H.
Spelman in margin.
144. dA Roman council. In the time of Constantine
Augustus, Pope Sylvester assembled a synod of seventy-
three bishops at Rome, by whose consent and subscription it
was ordained that no layman should presume to bear testi
mony against a clergyman : e therefore let not laymen be
admitted* against a clergyman. Let not the kindred or do
mestics of the informer give evidence against others who do
not belong to the family; nor let suspected informers, or
witnesses, be admitted ; because affection towards kinsmen,
masters, and those of the same family, is prejudicial to truth
in many cases. But parents, if they will, and it be mutually
agreed, may testify [against their children] fnot against
others; for carnal love, and fear, and bitter hatred, do often
cloud men's senses and pervert their thoughts.
" This council is entirely a forgery.
* The decree of this pretended council goes no farther, and this, indeed,
[Concil., torn. iii. p. 720-1.] are transposed by Johnson.]
+ [This is appended to the foregoing J [So W. T., but MS. furoris.]
canon by S. W. T., the next two canons
A.D. 740.] OF ECGBRIHT. 217

is more than enough. There can nothing be said in defence of such a law,
but that laymen were, by another forged decree, exempt from having any
accusation or testimony given against them by a clergyman. See Caus. 2.
quaest. 7. c. 2, 6.
' That is, I conceive, not against others in behalf of their children.

145. [146.] Of ancient matrimony. It is sufficiently plain

that the sons of Adam, in the beginning of the world, could
marry none but their own sisters, and those who were nearly
related to them in blood. But it was always unlawful from
the beginning, to violate one's father's wife or concubine;
therefore the patriarch Jacob said to his son Reuben, g" Thou [Gen. xlix.
art poured out like water; mayst thou not thrive, because J
thou wentest up to thy father's bed, thou hast defiled my
couch." Therefore the Apostle Paul, the doctor of the
Gentiles, wrote of such sacrilege in these words: "It is re- [l Cor. v.
ported that there is fornication among you, and such fornica- ' '*
tion as is not among the Gentiles, that one should have his
father's wife. And ye are puffed up, and have not rather
mourned, that he who hath done this deed might be taken
away from among you." For the Apostleh judged that he
should be taken away from among Christians who violated
his step-mother, saying, that such wickedness was not done
among the Gentiles, that is, the pagans. It is true, and suf
ficiently evident, that God Almighty, in the law of Moses,
forbad to marry the wife of a father, brother, and near kins
man, or to lie with her. But as to that which is written in
Deuteronomy, " that a man should take the wife of his de- [Deutxxv.
ceased brother, and raise up seed unto his brother," it is not -I
to be understood carnally, but to be kept spiritually; and he
is a blind doctor who does not understand the difference be
tween the Old Testament and the New, but still walks up
and down blindfold with the mist of antiquity, and knows
not that the "law and prophets prophesied until John," [Mat xl
&c. ; and whoever, with the Jews, pursues the letter only,
continues without the reviving spirit and the grace of Christ,
and eats the crust only, not the crumb. Great is the dis
tance between the killing letter, and the spirit which giveth
life ; and he is a very ignorant, idle, insipid doctor, who, after
so long time, and so many commentators on the law of Moses
who have been inspired by God, will yet judaize, in con-
 218 THE EXCERPTIONS [A. D. 7*0.

tempt of Christ and all the holy doctors. For in Deuteronomy

we read that1 " if brethren dwell together, and one of them
dies without children," &c, to those words, "the house of
him that hath had his shoe loosed." Now as to this which
is written in Deuteronomy and in the Gospel, that "the
brother took the wife of the deceased brother, that he might
raise up seed unto his brother," it is not to be kept by Chris
tians carnally, but spiritually.* And when spiritual brothers
dwell together, and the brother who presides in the Church
of God passes from this world to Christ, then let his brother
undertake the government of the Church, and raise up spiri
tual children to God, lest upon the failing of one doctor by
reason of his mortal state, the spouse of Christ, which is the
mother of us all, remain barren. And if any doctor will not
govern the Church when the other is dead, not caring for the
salvation of others, but for his own, he shall then be one that
hath his shoe loosed, in opposition to what the Apostle says,
[ Bph. vi. " Having your feet shod with the preparation of the Gospel
J of peacef." If he will not sow the word of God when he may,
but hides his talent in a napkin, that is, in torpid sloth, the
Church shall spit in his face, as in the face of one who de-
[Matt.xxY. serves confusion, and to be cast into "outer darkness, where
30'' shall be weeping and gnashing of teeth." But let one doctor
succeed another in governing the Church unto the end of the
world, that spiritual children may be raised up to Christ
from His virgin spouse. For he that will not labour for God
deserves no reward.
s Gen. xlix. 4, according to vulgar Lalin.
h Judicavit, MS.
' Deut xxv. 6 10.

146. [147.] A Laodicean canon. kThat no Christian

presume to Judaize, or be present at Jewish feasts.
* By this one would suppose there were in this age Jews in the north of
England, hut I know no other proof of it.

Here Sir H. Spelman breaks off with an &c, but the Cot
ton MS., from which it seems evident he published his copy,
[Christus ait in evangelio " Omnea f [et iterum : " Quam speciosi
autem vos fratres estis, et unua est pedes evangelizantium pacem, evan-
pater vester, qui in coelis cat." (Matt, gelizantium bona." (Rom. x. 15.)
xxiii. 8, 9.) S. W. T.] S. W. T.]
A. D. 740.] OF ECGBRIHT. 219

contains the following canons or excerptions, without any

break or chasm, as I am assured by my learned friend who
sent me a Latin transcript of them.
147. [148.] An item. That no Christian observe pagan
superstitions, but express all manner of contempt toward all
the defilements of the Gentiles.
148. [149.] A canon of Braga. If any man, following the
custom of the pagans, introduce diviners or sorcerers into his
house, either to drive away mischief, or to make discovery of
any crimes committed, or attend the lustrations of pagans,
let him do penance five years.
149. [150.] A canon of the saints. If any Christian sell a
Christian into the hands of Jews or Gentiles, let him be
anathema : for it is written in Deuteronomy, " If any man ch. xxiv. 7.
be caught trafficking for any of the stock of Israel, and takes
a price for him, he shall be slain."
150. [151.] Also a canon of the saints. It is therefore
unlawful that they be made bond-slaves to Jews or Gentiles,
whom Christ hath made free by the effusion of His own
blood.
151. [152.] Of tonsure. Tonsure took its beginning from
the Nazarites, who, preserving their hair, after having lived
an abstemious life, consecrated to God what they had de
voted to Him. We find it also written in the canons of the
saints, If any Catholic cut his hair after the manner of the
barbarians, let him be deemed an alien from the Church of
God, and from every divine office of the Christians, till he
make satisfaction for his offence.
152. [153.] Of Peter's tonsure. The Apostle Peter first
used the clerical tonsure, by bearing on his head a resem
blance of Christ's crown of thorns. Therefore an African
canon forbids a clergyman to wear a long hair or beard.
153. [154.] A Roman canon also says : Let whatever
clerk is seen in the church without his ' mantle or cope, or
with his hair or beard cut after any other fashion but the
Roman, be excommunicated. A clerk ought not to wear the
monkish habit, nor a layman's apparel. And if the man use
the woman's habit, or the woman the man's, let them be ex
communicated.
1 Colobium.
 220 THE EXCERPTIONS [A. D. 740-

154. [155.] An item. A clerk also ought not to bear

arms, nor to go into the wars, because the canons teach that
whatever clerk dies in war, or in a fray, intercession should
not be made for him, either by the oblation or by prayer,
(yet let him not be deprived of burial.) The Apostle also
[2 Tim. ii. says, "No man that warreth entangleth himself in secular
*' affairs;" therefore he is not free from the snares of the
devil in worldly warfare : therefore all bishops, priests, and
deacons, are to be charged that they do not wear weapons,
but rather trust in the divine defence than in arms.
155. [156.] An item. Clerks also are to take care that
they be not judges for the condemning men [to death.]
156. [157.] An item. The authority of the canons forbids
any bishop or clergyman to give his consent to the death of
any man, whether robber, thief, or murderer.
157. [159.] An African canon. Let all clerks who are
able to labour, learn both arts aud letters.
158. It is ordained that priests be not sent hither and
thither, without distinction, by bishops, prelates, or laymen,
lest by their absence the peril of souls be occasioned, (espe
cially the death of children without baptism,) and they neg
lect the service of the churches in which they are consti
tuted.
159. [160.] A canon of the saints*. There are two sorts
of clerks, one of ecclesiastics, under the government of the
bishop, the other acephali, that is, clerks without a head ; of
whom m Gregory says, If there be any vulgar clerk, not in
the holy orders, that is, who are neither priests nor deacons,
that cannot contain themselves, they ought to have wives,
and to receive their stipends apart from the rest. Let not
priests by any means marry, nor bear martial arms, but
exercise the spiritual art military.
m See Gregory's answer to Augustine's first question f.

160. [161.] An item concerning warfare. Know, that the

secular power is quite different from the spiritual. For it be
comes good secular men to be defenders of the Church and
flock of Christ. But it concerns spiritual men to be intercessors
for all the people of God. A soldier of Christ ought not to
[Canon Cassarien., W. T.] t [See above p. 66.]
A. D. 740.] OF ECGBRIHT. 221

use human arms, as many testimonies declare. Let us begin

with that of our God and Lord Jesus Christ, who, when He
chose to suffer the torment of the cross for mankind, and was [Johnxviii.
under custody of the soldiers, forbade Peter to fight with the "^
sword. And if he had not allowance to fight on account of
the injury offered to his Lord, what is more agreeable to
right, than that we should imitate His example ? Know that
God saveth not only by the spear and sword, but rather by
assiduous prayers, and other divine services. Martius also,
the holy confessor of Christ, when he was commanded by
Julian the apostate to bear military arms, said that he was
a soldier of Christ, and therefore could not fight. We have
also a useful example from the book of Exodus, viz., while [ch. xvii.
Joshua fought with Amalek, Moses did not fight with wea- ' l'*
pons, but prayed to God with his hands stretched out toward
heaven ; and the people of Israel overcame ; but when he let
down his hands Amalek prevailed. By these and many other
examples it is declared that the bishop, priest, deacon, or
monk, should bear no arms in battle, but those only of which
it is read," Above all, taking the shield of faith, by which ye [Eph. vi.

may quench all the fiery darts of the wicked one; take also Ifi ' 1 7 "1J
the helmet of salvation, and the sword of the spirit, which is
the word of God*."
161. [162.] The canon of the saints concerning murder.
If a priest or deacon commit murder, let him be degraded,
and do penance to the end of his life.
162. [163.] An item. If any clerk commit murder, let
him do penance in exile ten years, and three of these in
bread and water; then let him be received into his country,
if he have done his penance well, so as to be approved by the
testimony of the bishop, or priest, or whoever it was to whom
he was committed, that he has done his penance well. Let
him also make satisfaction to the parents of the murdered
person : and if he do not, let him never be received into his
country, but be like Cain, a vagabond and stroller over the
face of the whole earth. But if he committed the murder t
through chance, not wilfully, let him do penance five years,

[Contrarium itaque omninoestec- f The word translated " murder" in

clesiasiicis regulis, post ordinationem this and the preceding excerption is
redire ad militiam secularem, W. T.] " homicidium."
 222 THE EXCERPTIONS [A. D. 740.

or five lents, more or less ; three of these in bread and water.

If he have consented to murder, and it was actually com"-
mitted, let him do penance seven years, or seven lents", three
of these in bread and water. If he designed murder, but did
not execute it, let him do penance one year. If one strike
[another] so as to shed blood, let him do penance forty
days in bread and water; if a deacon [do this, let him do
penance] six months; if a priest, a year. If one layman kill
another, let him abstain from the church forty days, and fast
in bread and water, and afterwards do the penance which the
priest shall assign him.
n The lents are inserted by interlining in the MS.
N.B. These are the penances of those that willingly submitted to disci
pline, without being excommunicated. But if any stood it out, and would
do no penance till they had sentence of excommunication passed against
them, their penance was more severe still, as appears by the following pas
sage in the Formula Veteres, which come immediately after these ex
cerptions in the Cotton MS. Cap. Exemplum de Excommunicatione, $f.
" Let not meat be given into the hands of one that does penance as an ex
communicate ; but let it be laid before him on the ground ; and let not the
remainder be taken by any man, nor given to the poor, but cast to the
swine, or let the dogs eat it. And let not such a penitent wash himself in
a bath, nor trim [his hair or beard,] nor cut his nails, nor sleep in a bed,
even of straw, but on the bare pavement. And let him go unarmed, bare
foot, clothed in sackcloth. Let him mourn for his sins night and day, and
beg pardon of God by prayer, mixed with tears ; let him not enter into the
church, nor receive the kiss of peace ; let him abstain from flesh and wine,
and from the embraces of his wife, and not communicate so long as he is
doing penance, unless he be seized with death." By this last clause it
appears that an excommunication was not, in this age, taken off so soon
as the excommunicate submitted to the Church, and undertook to do pe
nance, as it was in after-times. Further, you have in the chapter De ex-
communicatU, qui inviti ad pecnil enliam provocantur, the secular punish
ments inflicted on them who despised the censures of the Church, viz.,
"Some are to be chastised with imprisonment, others with fetters or
scourges; and let others incur the loss of their money, estate, or country;
let others be laid under perpetual servitude, either divine or human," that
is, I suppose, either to some bishop, or monastery, or else to their temporal
lords.
[Addenda.] [Whereas in this and several other canons a fast of five and of seven lents
is enjoined, we are thereby, I conceive, to understand a fast of forty days
at a time, to be assigned by the prelate or confessor. For no Church or

[Ab antiqua mmu tupericribuntur minusve ; el poslea : vel vii. carini*'. T.

tequentia ; vel v. carinas, vel plus Wi Ikins omits the interlineation.]
A.D. 710.] OF ECGBRIHT. 22.5
private men did ever, I conceive, observe more lents than three in one [Addenda.]
year, as stated solemn fasts. But Ecgbercht, the British recluse in Ireland,
is said to have fasted forty days after Pentecost, and again forty days be
fore Christmas, as well as the common lent before Easter.Bede, lib. iii.
c. 27. Of those other occasional lents for penitents, they might make as
many as they pleased.]

Next follows what in the catalogue of tracts belonging to

this volume, is entitled, Formula Veteres, et Precepta de Con-
fessione, Pmnitentia, et Jejunio.
N.B. I am assured by a learned hand, who has searched
the excerptions of Ecgbriht, mentioned by Sir H. Spelman
in the Bodleian Library at Oxford, that none of these excerp
tions are in that book, save the twenty-one first items.*

* [This assertion, and the statements The whole work professes to be a col
of Spelman, Cone. Brit vol. i. p. 260, lection of authorities made by an eccle
275, seem to have misled Wilkins and siastic at the bidding of a bishop, but
others as to the contents of MS. Bodl. no name is mentioned except in the title
718, which has been already mentioned and colophon above quoted.
above, p. 185, and 187, note . This At the beginning of the first book are
' noble' MS., as Spelman justly calls it, the first twenty-one excerptions of the
(probably from having seen it, though Cot. MS., as part of the introduction to
he made his extracts, Cone. Brit., p. the penitential.
2758, 2818, 'aliorum oculis et in- The fourth book, however, contains
dustria') contains four books of excerp 383 excerptions, with titles and num
tions, the first three penitential and the bers in rubric ; many of these are word
fourth general : it is in Latin, but writ for word the same as excerptions in the
ten in Anglo-Saxon characters, is said Cotton MS. Nero A. 1 ; others are the
to have formerly belonged to Leofric, original passages of fathers and coun
bishop of Cornwall and Exeter, A.D. cils from which corresponding parts of
104671, and has on the last leaf in a that MS. are abridged, while others
later hand the letter of Pope Leo to again agree with CCCC MS. K. 2.
King Edward the Confessor for moving as described by Johnson in the follow
the see from Cruditon to Exeter. The ing pages. The conclusion seems to be
first book has in rubric the title, that the excerptions published by Spel
Incipit excerptio de canonibus catho- man and others from the Cotton MS.
licorum patrum poenitentialis libri ad Nero A. 1. (a copy not in Anglo-Saxon
remedium animarum Ecgberhti Archi character, but written at the beginning
epi Eburacse civitatis. of the twelfth century) are a somewhat
At the end, f. 21, confused abridgment of a portion of a
Fin. Lib. pcenitential Ecgberhti work ascribed to Archbishop Ecgbriht. ]
Archi epi.
 A.D. DCCXL.

Ecgbrlht'i AN ACCOUNT OF ECGBRIHT'S EXCERPTIONS, AS THEY STAND

Excerp- IN THE MS. MARKED K. 2, IN THE LIBRARY OF CCCC.
lions, ac
cording to
CCCC MS. Pkeface.

The see of Worcester was held by three archbishops of

York successively, viz., Oswald, Wulstan (the reprobate), and
Aldulf*. These three, probably, governed the diocese of
Worcester by the same canons that they governed their pro
vince of York, that is, by the excerptions of Ecgbriht, though
with great additions and defalcations. The book in which
this code is contained in CCCC did certainly belong to the
church of Worcester, and has in the first page the form of an
oath of chastity, in these words : " I, brother N., do promise
to God and all His saints, that I will preserve the chastity of
my body, according to the decrees of the canons, and the
order to be conferred on me, in the presence of the lord
bishop Wulstan." The first six pages contain many pious
admonitions, but nothing, besides this, to my present pur
pose. And this seems a plain proof that the transcript was
made while Wulstan was both archbishop of York and bishop
of Worcester, that is, between the years 1001 and 1023. The
alterations are so great, that we are not to wonder that the
canons are not called the excerptions of Ecgbriht. From the
seventh to the thirteenth page is a letter from Albin to Athe-
lard, archbishop of Canterbury ; from thence to the seven
teenth a letter from Alcuin (the same with Albin) to Eanbald,
archbishop of York. Then follows a chapter concerning the
doctrine and example of superiors, another concerning those
who preach well and live ill, another concerning the example
of evil priests ; in the nineteenth page is a chapter concern-

Oswald became bishop of Worces- wulf, 993 1002, and by Wulstan 1003
ter, A.D. 961, archbishop of York 971, 23; Godwin de Pnesul., pp. 452,
and retained both sees till his decease, 660, 661.]
992 : both sees were also held by Aid-
 PREFACE. 225

ing the observances of bishops. In the twentieth page begin

the twenty-one items, which are the twenty-one first excerp
tions of Ecgbriht, put all together without any division. I
conclude that these excerptions were the canonical code for
the province of York for three hundred years together, and
how much longer we know not, though during these ages
every archbishop made such variations as he thought proper.
Immediately after the twenty-one items it thus goes on.
Latin. THE EXCERPTIONS OUT OF THE BOOKS OF CANONS BEGIN
HERE. (WITHOUT THE SHORT PREFACE, "WE CALL THOSE
RULES, &c")

AUGUST1NUS AUREL., fcc., AS IN SIR H. SPELMAN.

CCCC MS. In Sir H. Spelman's numbering.

1. "If there arise disputes in any province, and clergy
men do not agree among themselves, let a reference
be made to the greater see; and if they cannot
there easily be discussed, let them be determined
when a synod is assembled. And if difficult ques
tions arise, let them be referred to the apostolical
see 4-<.
* By comparing this with the forty-eighth excerption of
Ecghriht, we may see that the pope's power was in a thriving
condition.

2. The Roman institution also says : Heed must be

taken that causes be not referred to foreign pro
vinces or churches, where different usages and a
different religion prevail ; or to the Jews, who obey
the shadow rather than the truth; or to the Bri
tons, who are contrary to all raeu ; or to heretics,
though they study and are well versed in ecclesias
tical causes.
3 29.
4. But this canon ends at, "among them all," in CCCC
MS 34.
5. Also an institution. Let bishops and priests in
stantly preach the Catholic faith to the people, and
instruct all men by all means, not only by word,
but by example ; and endeavour to keep up assidu
ous reading and prayer.
A. D. 740.] THE EXCERPTIONS OF ECGBIUHT. 227
CCCC MS. Sir H. S.
6 37.
7 40.
8 43.
9. Of the ordination of bishops .... 96.
10. Also, of the ordination of bishops . . . ib.
11. Of the ordination of priests and clerks. "Unless
reasonable necessity compel*" is not in CCCC MS.
Instead of " priests and deacons," in Sir H. Spel-
man, " clerks" in CCCC MS 97.
12 95.
1 3. Of veiling of virgins. That virgins be not veiled,
nor deacons ordained, before b fifteen years, &c. . 91.
b Sure it should be twenty-five ; yet virgins used to be al
lowed the veil much sooner : but if Ecgbriht, or rather Wul-
stan did not, it speaks their wisdom.

14. Ending at "of an apostle" .... CO.

15. Of secular cares. Let not the bishop, priest, or
deacon, take any secular cares on himself; if he
act contrary to this let him be deposed; and let
not the bishop concern himself with the family
affairs of his single church, but attend on reading,
prayer, and preaching of the word of God ; and let
him have cheap furniture for his house, and low
diet ; and let him consult the authority of his dig
nity0 by the merit of his faith aud life, and with
the apostles endure penury df.

c MS. Fidem, etper vitcemeritum. I read, per fidei, et vitas

merititm.
d MS. Perjuriam. I read, penuriam. Perhaps it might
be injuriam.

16. 44.
17. 45.
18. 49,50.
[The words " nisi rationabili rem babeat, et dignitatis sua: auctori-
necessitate cogente" are in the 91st tatem fide et vitae mentis cjunrat.
and 95th excerptions according to Sir XX. Ut episcopus nullam rei familiaria
H. Spelman's numbering, but not in curam ad se revocet, sed lectioni et
the 97th.] orationi et verbi Dei praedicationi tan-
f [XV. Ut episcopus vilem supel- tummodo vacet. Carthag. A.D. 398.
lectilem, et mcnsam ac victum paupe- Concil., torn. iii. p. 962.]
p2
228 THE EXCERPTIONS [A. D. 740.
CCCC MS. Sir H. S.
19. A canon of Eponee. See the edition of Sir H.
Spelman ........ 51.
* Yet I find no such canon in that council.

20 55.
21. A canon of the apostles. Let the bishop have the
care of all things belonging to churches, and dis
pense them as under the Divine inspection ; nor
may he 'appropriate1 any of them at all to himself,
or give to his parents what belongs to God. But
if they are poor he may relieve them as poor. Let
not what belongs to the Church be wasted2 by oc
casion of them *.
' Lat. Contingere. And this is according to the ancient
translation published by Justellusf, which cannot, I think, he
reconciled to the original. See Can. Ap. 31 J.
* Deperdatur, MS. Deprcedetur, the ancient translation now
mentioned.

22. A canon of Orleans. Let all churches, whicb are,

or shall be built in various places, according to the
direction of former canons, be under the power of
that bishop in whose territory they are situate.
23. . 56.
24 . 57.
25 . , , 58.
2(5 . . 60.
27 . , 62.
28 . . 63.
29 . , . 64.
30 . , , 65.
31 . . 66.
32 . 67.
33 . , . 68.
34 . 69.
35 . , 70.
36 . 71.

\}o<ptTt plfen-flni, ' sibi vendici ire.' Can. A post. ; 7 Concil., ton i. i. p. S7
Hp&atl TOVTVtV TA rijs A.]
K\TJuias 2 fore ^^^o\(TW ' sed non ea ri.m t E ibl. Ju r. Can., torn. i. p. US.]
prstextu vendat quns suit ecclesise j [Vade-mecum, vol. ii. p. 22.]
A. D. 740.] OF ECGBRIHT. 229
CCCC MS. Sir H. S.
37 72.
38 74. '
39. But this canon in CCCC MS. ends at, " and ex
communicated" 75.
40 75.
41. Let no one dare to strip the church, whatever her
prime governors are. For the sons of Aaron and
Eli were wicked, and yet God did not withdraw
from them the offerings of the people. Annas and
Caiaphas received the offerings ofthe people, though
they crucified Christ.
42. Jerome. Though prime governors, when wicked,
destroy themselves, yet the Church remains without
fault. Christ, though He knew Judas would betray
Him, yet took not from him the bags.
43. Of the priests' right. " The first-fruits and tenths,
and much of the first-born of all the people of Israel,
shall belong to the Lord. Let them eat the offering
for sin and trespass ; and every vow in Israel, and
every meat-offering of all that is offered, and the first-
fruits of every thing that is for food, shall belong to
the priests. I have taken the breast and the right
shoulder from all the children of Israel, they shall
belong to the priests *." It is to be noted that not
Aaron himself made the tabernacle, but the people
and artificers, by the advice of Moses, whicli signi
fies that it is not the priest's part to build the
church. h Aaron ate the sacrifices, (except some
few,) yet it was the people that laid their hand on
the head of the sacrifice ; which signifies that it is
not the priest's part to labour for victuals. It was
not Aaron or his sons that carried the tabernacle,
they only sacrificed, which signifies that there ought
to be ministers together with the priests. "They p Cor. ix.
who serve the altar are made partakers of the altar." 180
h Lat. Aaron turn edebat, &c. I leave out non in the trans
lation : for I suppose Aaron here stands for all the priests, who
were authorized to eat of all the sacrifices that were to be eaten ;

[See Numb, xviii. 8, and following verses; Lev. vii. 84.]

230 THE EXCERPTIONS [AD. 7+0.
CCCC MS. Sir H. S.
jet even thus, I scarce know how the author drew his conclusion
from his premises.

44. . 78.
45. . 7!).
46. . 81.
47. . 82.
48. . 83.
49. . 81.
50. . 85.
51. . 86.
52. . 87.
53. . 88.
54. . 89.
55. . 110.
56. . 90.
57. . 91.
58. . 92.
59. . 9.1
60. . 94.
61. . 105.
62. . 99.
63. . 102.
6*. . 103.
65. . 148.
66. A canon of Carthage. The\ who attend auguries
or incantations are to be separated from the Church,
according to the stated measures of penance.
67. A canon of the bishops. ' If a Catholic clip his
hair after the manner of the barbarians, let him be
esteemed an alien from the Church of God, and
from the table of christian men, till he correct his
fault. Let not a clergyman have a long hair or
beard.
1 The latter part of canon 151 in the Cot. MS. is very like
to this.

68. An African canon. To the word "burial." * 154.

[The last of the excerptions of higher than this refer to the excerp
Ecjrbrilit given by Sir H. Spelman is tions of the Cotton MS. as given in the
numbered 1 10 ; therefore all numbers preceding pages.]
A. D. 740] OF ECGBRIHT. 231
CCCC MS. Sir H. S.
69. An item. Beginning at, " a clerk ought not," &c. * 153
70. Bishop Basil. It shall not be lawful, either to
pray, or speak, or eat with an excommunicate.
71. A canon of the holy fathers. If any man be
deprived of communion by his own bishop, let him
not be received by others before he is reconciled to
his bishop ; or, however, comes to the synod when
assembled, and makes satisfaction for himself. Let
this determination be in force as to laymen,
priests, and deacons, and to all that are known to
bek under the rule.
k All clerks and monks.

72. At the end of the canon is added, " lest he destroy

innocency;" or, "lest he lose [his] innocency." . * 156.
73. A canon of the fathers. If any bishop con
demned by a Bynod, or a priest or deacon by his
bishop, dare to concern themselves in the sacred
ministry, whether he be bishop, ('according to the
preceding custom,) or priest, or deacon, let no room
for satisfaction, or hope of restitution, be allowed
him in another synod: but all that communicate
with him, even the greatest, are to be cast out of
the Church, if after they know that sentence hath
been passed against them they attempt to commu
nicate with them.
1 This parenthesis seems to refer to something said in the
foregoing canons in that system, to which 'it originally be
longed, but what that system was I know not. The syntax
is obscure in the following clause.

74. A canon of the fathers. If a bishop, or one in

orders, be an habitual drunkard, let him either
desist or be deposed.
75. Basil. If any one be guilty of detraction toward his
superior, let him do penance, by being separated
from the ecclesiastical assembly for seven days, as
Mary, the sister of Aaron [was] when she had been
guilty of detraction toward Moses.
76. A canon of the apostles. Only the word ' bishop'
is omitted. ........ 33.
 232 THE EXCERPTIONS [A. D. 7W.
CCCC MS. Sir H. S.
77 31.
78 127.
79. An item. The canons teach that whosoever hath
married a widow or divorced woman, or hath him
self been twice married, be never made a deacon,
never a priest.
80. An item 116.
81. Of abstinence. The Greeks and Romans con
tain themselves from women for" three days before
[they receive] the shew-bread, according to what is
written in the law.
82 38.
83. No title. The sense is entirely the same, though
not the words. ....... 120.
84. Pope Innocent. He who marries another wife,
she that is divorced yet living, and he who marries
the divorced woman, are both of them adulterers.
[Mat xix. The Lord says in the Gospel, " whosoever puts away
9.]
his wife, except for fornication, and marries an
other," &c.
85. Jerome says. It is fornication only which over
comes a man's affection to his wife ; nay, when she
hath divided the one flesh into another, and by
fornication separates herself from her hushand, she
ought not to be retained, lest she bring her husband
too under a curse, since the Scripture says, " he that
retains an adultress is foolish and wicked* m." The
wife, therefore, is freely dismissed, wherever there
is fornication in the case : and because it might
happen that innocency might be calumniated, and
the first marriage might be impeached for the sake
of a second match, a man is commanded so to dis
miss his first, as not to marry a second in her life
time : it is as if he bad said, upon condition you do
not dismiss your wife for the sake of lust, but of
injury done.
m Prov. xviii. 23. according to LXX, and vulgar Latin*.

[See above p. 209. Cf. S. Hieron. Op., torn. vii. p. 146, in S. Matt. xix. 9, lft]
A. D. 740.] OF BCGBRIHT. 233
CCCC MS. Sir H. S.
85. Also Jerome. "If a man or woman by consent
become religious, the other, being very young, may
engage in a new marriage.
n This notion was started in Ecgbriht's time, but was justly
condemned by him, Excerpt. 118, yet now it prevailed. It
does not appear that Jerome ever countenanced this practice,
but rather the contrary.

86. An African canon. Let the priest enjoin laws of

penance to him that earnestly desires it, without
respect of persons.
87. African canon. Omitting, " to some." . . 39.
88. Basil the bishop. A penitent ought cordially to
be received in the manner declared by our Saviour,
when He says, "The man calls together his friends [Luke xv.
and neighbours, saying, Rejoice with me, for I have
found the sheep which I had lost."
89. Also Basil. We ought so to behave ourselves
toward them who do [not] repent of their sins, as
our Lord charges us when He says, "Let him be to [Mat.xviii.
thee as an heathen man and a publican."
90. A canon of Orleans. "Penance is not to be en
joined to married persons but by consent.
0 The penance he meant, is that foolish one of going into a
monastery, and taking a vow of chastity.

91 113.
92. An African canon. Times of penance are to be
decreed for penitents, according to the degrees of
their sins, at the bishop's discretion.
93. The Romans say concerning lapsed [clergymen,]
He that falls with his degree, let him rise without it,
and be content with the name only. On the other
side, it is said in the p Apocalypse. "Remember from
whence thou art fallen, and do penance, and per
form thy former works."
P Rev. iii. 5. This seems a contradiction to the old canons
(which forbad a lapsing clergyman to officiate ever after) but
by a. gross misapplication of the text.
234 THE EXCERPTIONS [A. D. 740.
CCCC MS. Sir II. S.
94. Of murder. This MS. omits the ' five' and ' seven
lents/ 'more or less/ and assigns seven months pen
ance to the deacon who hath shed blood. After those
words, " if a priest, a year," it thus goes on, let him
who kills a monk, or clerk, lay aside his arms, and
serve the Lord in a monastery, or do penance seven
years in exile. The doom of him who kills a bishop
or priest belongs to the king. Let him who kills
a layman out of premeditated malice, or to get his
inheritance, [do penance] three, five, or seven
years; if it were for the revenge of his brother, but
one year and three lents, and the stated week-days
in the two following years ; if by sudden violence,
three or five years ; if by chance, one year ; if in
public war, forty days. Let the freeman who kills
an innocent person at the command of his chief, do
penance one year, and three lents, and the stated
week-days in the two following years. Let him who
by striking a man in a fray has brought a man to
a state of weakness or deformity, pay the charge of
the physicians, and make amends for his blemish,
and for [the loss of] his work, till he be cured, and
do penance half a year ; and if he be not able to
make [such] restitution, then a whole year. Let
him that riseth up to strike a man, with an intent
to kill him, do penance three weeks ; but if he hath
wounded him, forty days; if he be a clerk, one
year, and let him pay a fine in proportion to the
wound; for the lawi enjoins this. Let the woman
that destroys her conception designedly, before
forty days, do penance one year ; if after forty days,
three years; if she were quick with child, as a
murderer. But the difference is great between a
poor woman, that does it by reason of the difficulty
of nursing it, and a whore [who does it] to conceal
her wickedness * 162.

i Lat. Commendat.

* [See above ]>. 'J.Z0, note *.]

A. D. 740.] OF ECGBRIHT. 235
CCCC MS. Sir H. S.
95. Of penance for neglect of baptism. Let the
parent whose child is dead without baptism
through his neglect do penance one year, and
never live without penance. If the priest, whose
duty it was, neglected to come, though asked, let
him be chastised by the doom of the bishop for the
damnation of a soul. But all the faithful may do
this when they find any dying unbaptized; nay, it
is commanded that men should snatch a soul from
the devil by baptism; that is, by baptizing them
with water simply blessed in the name of the Lord,
by immersing them, or pouring water upon them,
in the name of the Father, the Son, and the Holy
Ghost. Therefore they who can, and know how to
baptize, faithful monks especially, ought always to
have the rEucharist with them, though they travel
to places far distant.
r The Eucharist was to be given to the new-baptized infant.

96. From the council of Braga. Concerning those

who by any fault inflict death on themselves, let
there be no commemoration of them in the oblation,
as likewise for them who are punished for their
crimes. It seems fit that they who kill themselves
with a sword, with poison, by a precipice, or a
halter, or by any other violent means, have no com
memoration made for them in the oblation ; and
that their corpses be not carried to the grave with
psalms; for many have presumed to do this
through ignorance. The like must be done in
relation to them who are punished for their crimes.
Then immediately follows, in the CCCC MS.
" The excerption of the lord Ecgbriht, archbishop of the
city of York, out of the catholic fathers : or, the penance or
remedy for souls begins here."
 A.D. DCCXLII.

KING ETHELBALD'S GRANT OF PRIVILEGES.

Preface.

The following council, and the privilege therein granted,

hath been condemned as a fraud, because interpolated into
the Cotton copy of the Chronicon Saxonicum*, and a rasure
made to make room for it in that book. But I am apt to
think that this is the first instance that any ancient fact was
ever proved to be a forgery because it was put into a book
where it was not before. Not only a falsarian knave, but any
learned man of integrity, would take care to have a thing of
this nature registered in its proper place, though the one
does it with some base view, the other to inform posterity.
But it was a monk of Canterbury who did this : yet I must
have leave to say, this is more than has been yet proved;
and if it were never so evident that it was a monk of Can
terbury, yet it will scarce be granted that this alone will
convict him of forgery : it is to be hoped that many an
honest man has lived and died a monk of Canterbury. And
I must needs say that if he were a monk of Canterbury, he
had more of the fool, or the simple-hearted man, at least,
than of the knave. If he had had the interest of his own
house in his eye, he would never have forged a council and
a charter whereby the privileges of the Kentish monasteries
were really lessened. For by the grant of King Wihtred,
they were wholly exempt from taxes, or tribute, but in this
of Cloves-hoo, they were obliged to contribute to any mili
tary expedition, and to the building of castles and bridges.
Though King Wihtred's decree is here much extolled, yet
one main point of it (the Church.'s immunity from taxes) is
set aside: if the monks forged it they put a cheat on them
selves. They had, indeed, here the freedom of elections
confirmed to them. And this, I conceive, was a right never
[Cliron. Sax. A.D. 712. etl. Gibson, p. 55, ed. Ingram, p. 6'7.]
 PREFACE. 237

denied to the Church, by the legislative power of the nation,

before the reign of King Henry VIII. Kings [and popes] [Addenda.]
did in fact very often, and after the Conquest, for the most
part overrule the monks or other electors, and by manage
ment oblige them to elect such persons for bishops and
abbots as they nominated to them ; but even those kings
who carried it with the highest hand in this respect have yet
upon occasion confessed the right to be in the chapters. And
not only the canons of the Church, and the decrees of popes,
but the laws and statutes of the land, did expressly reserve
the freedom of elections to the cathedral and monastic
bodies. The grants of KingWihtred and King Ethelbald say
no more in this respect than the statutes of Westminster in
the reign of King Edward I., and the Articuli Cleri in the
reign of King Edward II. Acts of parliament were not
thought such inflexible things two or three hundred years
ago as they are at present. Sir H. Spelman published this
council from two MS. copies; one whereof was Joceline's,
the famous antiquarian. It is true, some monks, and perhaps
they of Canterbury, had made some enlargements of King
Ethelbald's privileges, and drawn formal confirmations and
alterations of them, which the reader may see in Sir H. Spelman,
vol. i. p. 256*. Mr. Somner, in his notes on these charters,
gives a transcript of another edition of the following council,
found, indeed, in the archives of Christ's Church, Canterbury,
in very ample form, with the subscriptions of fourteen
bishops, besides Cuthbert, one Offa Patricius, four dukes, one
abbot, and five otherst- This last is drawn in such miserable
Latin, that I scarce know any thing of this sort to be com
pared to it. I take them all to be certainly spurious. But I
have before observed, that they used to graft such spurious
imps upon true old genuine stocks: and the copy here
translated by me, I take to have been that stock.
[The document there given is a lated ; also in Kemble's Codex Diplo-
distinct grant of King Ethelbald, A.D. maticus, vol. i. p. 105, No. 87, from
749. See Cod. Dipl. No. 99.] Chart. Antiq. Cantu. M. 863. MS.
t [This grant of King Ethelbald, Claud., ii. f. 80, b. MS. Lambeth, 1212.
A.D. 742, is given with these signa- fol. 308. Mr. Kemble gives both grants
Hires in Wilkins' Concilia, p. 86, but as genuine notwithstanding the bad-
without any other important variation ness of the Latin. See the Appendix
from the text of Spehnan, here trans- to this volume.]
 A.D. DCCXLII.

Latin. This year a great council was held at Cloves-hoo, Ethel-

Ipelman bald king of the Mercians presiding, with Cuthbert arch-
vol. i. bishop of Canterbury, and the rest of the bishops sitting
Fwiikins, with them, to examine all necessary points of religion, and of
vol. i. t^ creed, delivered to us by the ancient institutes of the
p. 86.] *
[Cod. Dipl. holy fathers. And they diligently enquired how matters
No. 87.] were ordered here in relation to religion, and particularly as
to the creed in the infancy of the Church of England, and
in what esteem monasteries then were according to equity.
While we were making this enquiry, and reciting ancient
privileges, there came to hand that privilege of the churches
and ordinance of the glorious King "Wihtred concerning the
election and authority of [the heads of] monasteries, in the
kingdom of Kent ; how it is ordered to be confirmed by the
command and option of the metropolitan of Canterbury. And
the said privilege was read at the direction of King Ethel-
bald, and all that heard it said there never was any such
noble and wise decree so agreeable to ecclesiastical disci
pline; and therefore they enacted that it should be firmly
kept by all.
See the council held at Becanceld, A.D. 692 , and observe how
Wihtred, the king of the least in extent of all the seven kingdoms into
which England was then divided, was here honoured by Ethelbald, the
greatest of the present English monarchs, for his zeal and devotion to the
Church.

Therefore I Ethelbald, king of the Mercians, for the

health of my soul and the stability of my kingdom, and out
of reverence to the venerable archbishop Cuthbert, confirm it
by the subscription of my own munificent hand, that the
liberty, honour, authority, and security of the Church of
Christ be contradicted by no man ; but she, and all the lands
belonging to her, be free from all secular services, except
[military] expedition, and building of a bridge, or a castle.
[Compare Saxon Chronicle, A.D. 694, and Cod. Dipl., No. 996 quoted in
Appendix to this volume.]
A. D. 742.] KING ETHELBALD'S GRANT OP PRIVILEGES. 239

And we charge, that this be irrefragably and immutably

observed by all, as the aforesaid King Wihtred ordained, for
him and his'.
1 Joceline's copy says Sir H. Spelman ended here.

If any of the kings my successors, or of the bishops or

princes, attempt to infringe this wholesome decree, let him
give account of it to Almighty God at the tremendous day.
If an earl, priest, deacon, clerk, or monk oppose this con
stitution, let him be deprived of his degree, and separated
from the participation of the body and blood of the Lord,
and be far from the kingdom of God, unless he first make
amends for his insolence, by agreeable satisfaction ; for it is
written, ' Whatever ve bind on earth/ &c. [Vfat. xvi.
19.]
 A.D. DCCXLVII.

cuthbert's canons at cloves-hoo.

Preface.
[> rather, Boniface, an Englishman, born in the year 670 ', but of
in 680.] great fame for his piety and learning, especially for his zeal
in converting infidels, was made archbishop of Mentz in
Germany, and legate of the apostolical see : he writes a letter
to Ethelbald, king of Mercia*, commending him for his
charity and justice, and for the preservation of peace in his
kingdom, but reprehends him with great severity, for his loose
ness with women, and particularly with nuns. He charges him
also with sacrilege, in robbing churches, and monasteries,
and terrifies him with the example of his predecessor Ceolred,
king of Mercia, and of Osred, king of Northumberland, (the
two first English kings who, if we may believe Boniface,
violated ecclesiastical privileges,) for he affirms it as a thing
very certain and notorious, that they both came to a misera
ble untimely end. This letter was sent inclosed in another
to Heresfride the priestf, who was probably a domestic to
king Ethelbald, if not his confessor : for Boniface tells him
he had heard that the king had sometimes given ear to his
admonitions, and therefore he had made choice of him to
read and explain the letter to king Ethelbald, as being one
that regarded t.. the persons of men : and concludes that it
was his love to his native country which was grievously cor
rupted by this royal example, which prompted him to this
undertaking ; and that he had sent him a piece of incense,
and an handkerchief, as a token of his love and benediction.
He wrote also a long letter to Cuthbert, archbishop of
Canterbury J, wherein he gratefully mentions a letter re
ceived from him by the hands of his deacon, and reminds
[Cone. Brit. Spelman, vol. i. p. f [Spelman, p. 23b' ; Wilkins, p. 90.]
232 ; Wilkins, vol. i. p. 87. A.D. 745.] t [Spelman, p. 237; Wilkins, p. 90.]
 PREFACE. 241

him of the singular duty of a bishop that wears a pall,

beyond what is required of them who have only the care
of their own parishes ; he gives him a copy of the decrees
made in a German synod, at which he presided; which
was a handsome way of recommending them to Cuthbert's
imitation : he insists largely, and with vehemence, on the
burdensomeness of the office of a metropolitan ; and de
clares himself disposed to quit his dignity, if he could find
any thing in the Scripture, or the fathers, to countenance him
in so doing : he cries out, ' let us not be dumb dogs, and silent
watchmen * :' as if he thought his brother Cuthbert wanted
the spirit of reprehension, which he thought necessary to be
exercised upon a licentious king. He complaineth of the
bishops here, as being very defective in their duty, though
they received the daily oblations, and the tithes from the
people. He calls upon him to stop all nuns and other
women from going in pilgrimage beyond sea; because, says
he, there is scarce a city in France or Lombardy, where there
is not an English whore. He declares the necessity of ex
communicating even kings and emperors, if they are guilty
of usurping bishoprics or abbeys ; and gives them very hard
names. He inveighs against gaudy apparel, and declares it
to be a sign of the coming of antichrist. He calls upon him
to assemble a synod, and condemn all drunkenness in clergy
men, and gives a broad hint, that even our bishops, here in
England, were not altogether free from this vice. And
lastly, he complains heavily, that monks were forced to work
for the king, and particularly in his buildings, which he
asserts was done no where in Christendom, but in England
only. Hereupon a council was called.
[" Non simus canes muti, non simus turn Deus donaverit posse, opportune
taciti speculatores, non simus mer- inopportune, eomodo quo sanclus Gre-
cenarii lapum fugientes; sed pasto- gorius in libro Pastorali conscripsit."
res sollicite vigilantes supra gregem Ep. Bonifacii Mogunt. Archiep. ad
Christi, prsedicantes inajori et minori, Cuthberlum Archiep. Cant. Wilkins,
diviti et pauperi omne consilium Dei, vol. i. p. 98.]
omnibus gradibus vel astatibus, in quan-
 A.D. DCCXLVII.

Latin. In the perpetual reign of our Lord Jesus Christ, who

Spelnian, orders all things at the command of the Father, and by the
voi.i. lively grace of the Holy Spirit. The under-written acts were
[Wilkins, done in synod, at the beginning of September, near the
volgi'l places called Cloves-hoos ; these prelates of the churches of
Christ, beloved of God, being present, viz. ; the honourable
archbishop Cuthbert ; and the venerable prelate of the church
of Rochester, Dun ; and the most reverend bishops of the
Mercians, Totta, and Huita, and Podda u ; and the most ap
proved prelates of the West [Saxons], Hunferd, and Here-
wald; and the venerable priests Heardulf of the East- Angles,
andEcgulphof the East-Saxons, and Milred ofthe HuicciansT;
also the honourable bishops Alwik of the province of Lin-
disse x, and Sicga of the South-Saxons, in the year of our
Lord's incarnation 747, indiction 15, the 32nd year of the
reign of Edilbald, king of the Mercians, who was then pre
sent, with his princes and dukes.
[Addenda.] [Totta of Leicester, Huita of Lichfield, and Podda of Hereford, are
styled Mercian bishops ; Milred and Alwick had their sees within tie
Mercian kingdom, yet they were not called Mercian bishops. However,
by this it appears that at, and before this time, Theodore's division of the
Mercian diocese took effect.]
T Worcester, and all the adjacent country to the Severn.
x Now Lyndsey. It is evident that this was only a provincial synod :
not one of the Northumbrian bishops were present. It was purely an
ecclesiastical assembly, the king and great men were there only to give
countenance and protection to the ecclesiastics. Lyndsey is called a
province, (see c. 9.) that is, a parish, or diocese.

When the said prelates of the sacred order of divers pro

vinces of Britain, with many priests of the Lord, and of those
of the ecclesiastical order in lesser dignities, met the vener
able archbishop Cuthbert at the place of synod, and they
were set down to treat of and settle the unity of the Church,
 A.D. 747.] cuthbert's canons. 243

and the state of Christianity, and a peaceable agreement,

after a devout mutual salutation, the writings of Pope
Zachary, (the pontiff, and apostolical lord, to be venerated
throughout the world,) in two papers, were in the first place
produced, and publicly recited, and explained in our own
tongue, as he himself, by his apostolical authority enjoined :
in which writings the famous pontiff Zacharias admonished,
in a familiar manner, the inhabitants of this isle of Britain*
of our stock of every rank and degree of quality, and authori
tatively charged them, as present before him, and lastly, in
a loving manner intreated them, and hinted among other
things that a sentence of anathema should be certainly
published against them that persisted in their pertinacious
malice, and contempt of all this ; as is evident to those who
read [these papers]. After the reading thereof, and the
terrible invective admonition, the prelates who were pro
moted by God to be masters to others, betook themselves to
mutual exhortations : and contemplated themselves and their
office (by which others were to be instructed in the service
of God)y in the Homilies of the blessed father Gregory, and
in the canonical decrees of the holy fathers, as in a bright
mirror.
j I delete the full-point before in, and the conjunction quoque *.

1. And then, in the front of their decrees, they established

it with an authentic sanction, that every bishop be ready to
defend the pastoral charge entrusted with him ; and the
canonical institutions of the Church of Christ (by God's pro
tection and assistance) with their utmost endeavour, against
the various and wicked assaults [that are made upon them] ;
nor be more engaged in secular affairs (which God forbid)
than in the service of God, by looseness in living, and tardi
ness in teaching ; but be adorned with good manners, with
the abstemious virtues, with works of righteousness, and with
learned studies, that so, according to the Apostle, they may
be able to reform the people of God by their example, and
instruct them by the preaching of sound doctrine.
2. In the second place, they firmly agreed with a testification,
that they would devote themselves to intimate peace, and
* [Wilkins also deletes the full-point before 'in' but retains 'quoque.']
q2
244 cuthbert's canons [a. D. 747.
sincere charity, perpetually, every where amongst them to
endure* ; and that there be a perfect agreement of all in
all the "rights of religion belonging to the church, in word,
in work, in * judgment, (b without flattering of any person,)
as being ministers of one Lord, and fellow-servants in one
ministry ; that though they are far distant in sees, yet they
may be joined together in mind by one spirit, serving God
in faith, hope and charity, praying diligently for each other,
that every one of them may faithfully finish their race.
' My learned friend reads juris for viris, and it should be juribus\.
This is but a small error, if compared with some others of this blundering
transcriber. By rights, or rites of religion, they mean the sacraments,
sacramentals, and discipline of the Church ; so jura signifies again,
in Ecgbriht's Excerpt. 740. c. 120. It seems to me a perfect Saxonism ;
that is, a Latin rendition of the Sax. Rihca. See Ca. 1 1.
* That is, inflicting penance,
b See Can. 27.

3. In the third place they enacted that every bishop do

every year visit his parish, by travelling through, going
about, and making an inspection into it ; and that he call to
him at convenient places the people of every condition and
sex, and plainly teach them who rarely hear the Word of
God ; forbidding them, among other sins, the Pagan observ
ances, diviners, sorcerers, auguries, omens, charms, incanta
tions, or all the filth of the wicked, and the dotages of the
Gentiles.
4. In the fourth article of agreement they have deter
mined that the bishops do admonish the abbots and abbesses
within their parishes, that they be examples of good life, and
take diligent care that their subjects be regular in their con
versation ; yet so as that they remember to love them as their
own families in the Lord ; to treat them not as servants, but
as children ; to provide necessaries for them, according to the
mpnastic way of life, and to their utmost ability ; that they
fully discharge their trust as to the estates of their monas
teries, and by all means take heedc that they be not robbed
of them.
0 Latin. Ne aliqua subripiat illos, which makes no sense. Sir

[Secundo loco, sibi testificatione que inter eos perpetuo permaneat. S.

quadam confirmaverunt : ut pacis in- W.]
timae et sincerse cliaritatis devotio ubi- f [juribus. \Y\]
A.D. 747.] AT CLOVES- HOO. 245

H. Spelman corrects it thus, ne aliquis subripiat Mas [res*-] : and this

must, I conceive, be the sense, however you correct the words.

5. It was argued in the fifth place that it is necessary for

bishops to goto the monasteries (if they can be called monas
teries, d which in these times cannot be in any wise reformed
according to the model of Christianity, by reason of the
violence of tyrannical covetousness) which are ewe know not
how possessed by secular men; not by divine law, but by
presumptuous human invention ; yet they ought to go, for
the health of the souls of them who dwell therein ; and that
they provide among their incitements [to reformation] lest
what is already in a declining state, be farther risked for
want of the ministry of fa priest, by the help of their present
possessors.
d I delete quamvis, as perfectly superfluous.
* The true reading, is utainquc; not utrunqut\.
' By priest here is, I suppose, meant bishop ; as in the acts, or preface,
and frequently in all writers. It can scarce be supposed that these
monasteries which are governed by laymen, were destitute of an officiat
ing priest.

6. It is ordained by the sixth decree that bishops ordain

no monk, or clerk, to the degree of a priest till they first
make open enquiry into his former life, and into his present
probity of manners, and knowledge of the faith. For
how can he preach sound faith, or give a knowledge of the
Word, or g discreetly enjoin penance to others, who has not
earnestly bent his mind to these studies ; that he may be
able, according to the Apostle, to "exhort with sound doc- [Tit i. 9.]
trine."
8 Here you see for what purpose men in this age confessed their sins to
the priest, viz., because he alone knew what penance was to be enjoined
for every sort and degree of sin, not in order to obtain absolution. Petit's
Collections, published with Theodore's Penitential, are full of proof as to
this point.

7. They decreed in the seventh article of agreement, that

bishops, abbots, and abbesses, do hby all means take care,
and diligently provide, that their families do incessantly apply
[Ne aliquis subripiat illas. W.]
f [Both these suggestions are followed by Wilkins,]
 246 cuthbert's CANONS [A.D.747.

their minds to reading, and that it be made known by the

voices of many to the gaining of souls, and to the praise of
the eternal King. For it is sad to say, how few now-a-days,
do heartily love and labour for sacred knowledge, and are
willing to take any pains in learning ; but they are from their
youth up, rather employed in diverse vanities, and the affec
tation of vain-glory ; and they rather pursue the amusements
of this present unstable life, than the assiduous study of the
holy Scriptures. Therefore let the boys be confined, and
trained up in the schools, to the law of sacred knowledge,
that being by this means well-learned, they may become in
all respects useful to the Church of God. And let not the
rectors' be so greedy of the worldly labour [of the boys] as
to render the house of God vile, for want of spiritual adorn
ment.
b Sir II. Spelman read, omi u, my friend reads, om ...... He
supposes three letters wanting, viz., nin, and that u is put for o, (as five
lines below putius is put for potius,) and that therefore the word should
be omniiio*.
1 Hectors were the heads of religious houses and incumbents, as we
now speak, in lesser churches, who had their schools for training up
young monks and clerks, and who obliged their scholars to bodily
labour : therefore they were not here forbidden absolutely to labour, but
only so far as was inconsistent with their learning.

8. Under the eighth head, they admonished priests in

cessantly to remind themselves to what purpose they are
promoted above others, by divine ordination, that they are
[l Cor. iv. called "God's ministers, and stewards of the mvsteries of
Christ," and then that " it is required of stewards, that a man
be found faithful :" therefore let them know, that it is neces
sary for them, in regard to God, to desist from secular busi
ness and kcauses, so far as they can, to discharge their duty
at the altar, and in divine service, with the utmost applica
tion ; that they carefully preserve1 the house of prayer, and
all its furniture ; that they spend their time in reading, cele
bration of masses and psalmody : that they be mindful,
according to their duty enjoined them by God, to be m assist
ants to their abbots, and abbesses, with diligence and fidelity,
whensoever there "seems to be occasion for it; that is, in
* [omni conatu, W.] s
A. D. 747.] AT CLOVES-HOO. 247

admonishing, reprehending, and exhorting their subjects;

that others, by their example and advice may be incited to
the service of God.
k One great affectation of the clergy of old, was to become lawyers ;
and this is very often condemned in the ancient canons.
1 Lat. Oratorii dotnum conversnre, read consermre*.
m By this it seems evident, that the main of the priests were yet in
monasteries.
n The word here wanting in Sir H. Spelman, is viatur, in the MS. for
videatur, as I supposef.

9. They added orderly, in the ninth head, that priests0 in

places and districts assigned to them by the bishops of the
province, take care to discharge the duty of the apostolical
commission in baptizing, teaching, and visiting, according to
lawful rites, with great diligence, that they may, according
to the Apostle, "be accounted worthy of double honour." And [ 1 Tim. v.
let them by all means take care, as becomes the ministers of
God, that they do not give to the seculars or monastics, an
example of ridiculous or wicked conversation J ; that is, (to
say no more,) by drunkenness, love of filthy lucre, or obscene
talking, and the like.
0 This is meant of secular priests, in their parishes, as we now speak ;
though it is not certain that any priests were yet settled in such
churches during life. See law of Wihtred the fourth, 69C. Monks in
priest's orders were sometimes sent, in this age, to officiate in country
districts.

10. In the tenth decree they taught that priests should

learn to know how to perform, according to the lawful rites,
every office belonging to their orders : and then let them who
know it not, learn to construe and explain in our own tongue
the Creed and Lord's Prayer, and the sacred words which
are solemnly pronounced at the celebration of mass, and in
the office of baptism ; let them also take care to learn what
those sacraments which are visibly performed in the mass,
baptism, and other eccclesiastical offices, do spiritually sig
nify; lest they be found dumb and ignorant in those inter
cessions which they make to God for the atonement of the
* [conservare, \V\] J [contemnendoe ac pravse conversa-
t [vidcitur, W.] tionis, S. W.]
 248 cuthbert's CANONS [A. D. 747-

sins of the people, or in their own ministerial offices, if they

do not understand the meaning of their own words,
[nor] the sacraments, by which others, through them, are
making proficiency to eternal life.
11. They went on with an eleventh mandate, that all
priests perform every sacerdotal ministry, everywhere, in the
same way and fashion, in baptizing, teaching, and judging ;
and, which is the principal point, that their sentiments con
cerning the belief of the Trinity be right and sincere; and
that they do, in the first place, teach all that come to take
[Heb. xi. directions concerning their own life from them, that " without
6-J faith it was impossible to please God:" and that they instil
the Creed into them, that they may know what to believe,
what to hope for; and that they propose it ''to infants, and
to them who undertake for them in baptism, and teach them
the renunciation of diabolical pomps, and auguries, and
divinations, afterwards teach them to make the established
professions.
p The questions in the baptismal office were always supposed to be put
to the child, not to the sureties. Now, indeed, the surety is asked, " Dost
thou, in the name of this child, renounce, &c.l" But in the old rituals it
was simply, " Dost thou renounce, &c?" So it was in our Common Prayer-
book before the Rebellion : and I cannot think that this alterationwas for
the better. This is sometimes called catechizing.

12. They added in the twelfth article, that priests do not

prate in the Church, like secular bards, nor dislocate or con
found the composure and distinction of the sacred words by
a pronunciation like that of tragedians, but follow the plain
song, or holy melody, according to the custom of the Church.
Let him who cannot attain to this, simply read, pronounce,
and rehearse the words, as the present occasion requires.
qAnd let them not presume upon what belongs to the
bishop*.
* These two lines seem plainly to have been the rubric or title of the
following short canon : and it is to be observed, that there is a rubric to
every one of these canons in the old Cotton MS., which I have omitted,
for brevity's sake. The following lines are the canon itself. Sir H.
Spelman has made both the rubric and canon a part of the former.

[et qui episcopi sunt lion praesumant, S.et qua cpiscopi sunt non pra-
sumat, W.]
A. D. 747.] AT CLOVES-HOO. 249

It seems plain from this, that the numbers and the short preface to every
canon, was the addition of a transcriber, or of the actuary.

In the mean time, let priests not presume or attempt in

any wise to perform any of those things which are peculiar
to the bishops in some of the ecclesiastical offices.
13. It is determined by the thirteenth decree, that the
holy festivals of our Lord's economy in the flesh be uni
formly observed, viz., in the office of baptism', and the cele
bration of masses, in the manner of singing9, according to
the written copy which we have from the Roman Church.
And that the nativities of the saints, through the circle of
the whole year, be venerably kept on the same day, accord
ing to the martyrology of the said Church of Rome, with
their proper psalmody.
r Viz. That baptism be administered at Easter and Whitsuntide only,
not at Christmas ; though perhaps at Epiphany, and at any time, in case
of danger.
s This is meant of what was done by John the precentor of the church
of St. Peter's, Rome ; of which see my preface to this volume*.

14. In the fourteenth place it is ordained, that the Lord's

day be celebrated by all, with due veneration and wholly
separated for divine service. And let all abbots and priests,
on that most sacred day, remain in their monasteries and
churches, and say solemn mass ; and laying aside all exter
nal business, and secular meetings, and journeyings, except
the cause be invincible, let them by preaching instruct the
* servants f subject to them, from the oracle of the holy Scrip
ture, the rules of religious conversation, and of good living.
It is also decreed that on that day, and the great festivals,
the priests of God do often invite the people to meet in the
church, to hear the word of God, and be often present at the
sacraments of the masses, and at preaching of sermons.
' Probably their clerks and scholars.

15. In the fifteenth head they have determined, that the

seven canonical hours of prayer, by day and night be dili
gently observed, by singing proper psalms and canticles ;
and that the uniformity of the monastic psalmody be every
[p. xvi.] f [Lego cum Walk. ' familiis' pro Speltnanni ' famulis,' W.]
250 ccthbert's CANONS [A.D. 747.

where followed, and nothing be read or sung, which is not

allowed by common use ; but only what is derived from the
authority of holy Scriptures, and what the custom of the
Roman Church permits ; that so men may unanimously
praise God with one mouth. In this they also agreed, that
ecclesiastics and monastics "remember to intreat the pity of
the divine clemency, not only for themselves, but for kings,
and for the safety of Christian people, at the proper hours of
prayer.
a This seems only a general hint, that all such as are here mentioned
should have kings in their thoughts, when they were offering their devo
tions for others. Sue c. 27.

16. They agreed in the sixteenth head, that the litanies,

that is, rogations, be with great reverence kept by the clergy
and all the people on these days, viz., the x seventh of the
kalends of May, according to the rites of the Church of
Rome, where this is called the greatest litany ; and also
according to the custom of our aucestors, on the three days
before our Lord's ascension into heaven, with fasting till
"nones and celebration of masses, not with a mixture of vani
ties, as is the fashion of many, who are either negligent or
ignorant; that is, with games, and horse-races, and great
banquets ; but rather with fear and trembling, with the sign
of Christ's passion, and of our eternal redemption carried
before them, together with the relics of saints. Let all the
people with bended knees, humbly intreat the pardon of God
for their sins.
x St. Mark's day : hut these litanies were not intended in honour to that
saint, hut were instituted by Pope Gregory I. in time of great extre
mities.
y The ninth hour ; which was one of the seven hours of prayer ; now
three in the afternoon.

17. It was constituted in the seventeenth precept, that the

birth-day of the blessed Pope Gregory, and also the day of
the 'deposition, of St. Augustin, the archbishop and con
fessor, (who being sent to the nation of the English by the
said pope our father Gregory, first brought the knowledge
of faith, the sacrament of baptism, and the notice of the
A. D. 747.] AT CLOVES-HOO. 251

heavenly country,) which is the seventh of the kalends of

June, be honourably observed by all ; so that each day be
kept with a cessation from labour, by ecclesiastics and mon
astics ; and that the name of our said blessed father and
doctor Augustin be always mentioned in singing the litany,
after the invocation of St. Gregory.
2 Birth and deposition here signify the same thing, viz., the day [Addenda.]
of their death. Litany has two significations in this canon, viz.,
processions, with cross and relics carried before the people ; and in
the last clause it signifies prayers ; superstition was now growing apace
in this island. It should seem the feast of St. Augustin was now lately
instituted, and for that reason the day is here particularly expressed ; but
Gregory's was more ancient, and better known, and therefore there was no
occasion to name the particular day.
[The manner of Augustin's being sainted is no where discovered to
us. But it is reasonable to suppose, that it was done by the inclination
and consent of the clergy and people only. The editor of King Alfred's
life, who cannot be suspected of disaffection to the authority of the see of
Rome, declares that the first instance of canonization by the pope, which
he had observed, was that of Swibert of Nottingham, performed by the
pope at the instance of Charles the Great and in his presence, A.D. 803.
It is not improbable that this too was a fiction ; especially because
it is confessed, that Innocent the Second and Alexander the Third, were
the first popes that assumed this privilege as peculiar to themselves,
and they both reigned in the twelfth century. This writer further says,
that archbishops first took this work of canonizing saints out of the
hands of the people ; but he gives no instances of this sort. The monk
who wrote the life of King Offa, tells of a proposal made in a great
council at Verulam, that a petition should be offered to the pope for the
canonization of Alban, though he owns that he had been sainted long
since ; and indeed Bede gives him the title of a saint a hundred years
before. For this council is said to have been held in the year 793. See
Sir H. Spelman, p. 309, 310, and Vita jElfredi, in p. 171 in marg.*]

18. It was constituted in the fifth ' mandate, that none [' L eigh-
neglect the "times of the fasts; that is, of the fourth, teenth-]
seventh, and tenth month ; but that the people be informed
of them every year before they begin, that so they may know
and observe the established fasts of the universal Church,
and that all may do it in an uniform manner, and make no
difference in the observance; but take care to celebrate it
[The passage is from a note by 1678, p. 171,of ihe Life of Alfred the
Obadiah Walker, Master of Univ. Coll., Great, written in English by J. Spel-
in his Latin translation, Oxon., A. IV man.]
252 cuthbert's CANONS [A.D. 7+7.

according to the rites of the Church of Rome, of which we

have a written copy.
It seems unaccountable that Cuthbert here should speak of the Ember
weeks in so different a manner from Ecgbriht, answ. 16, when they
were both of them archbishops at this same time, and both of them cite
Pope Gregory's books for their authority. But in truth, I look on
the difficulty to be really none at all. Cuthbert did not mention the
Lent Ember as being part of the great lenten fast. But Ecgbriht con
sidered it as a fast abstracted from that of Lent, though in theory only,
not at all in fact. So Gelasius mentions only the three Embers here
set down by Cuthbert ; yet he adds, that priests and deacons might
be ordained in the first, or middle week of Lent, and on the holy Sabbath,
that is, Easter-eve. Dist. 75. c. 7.*

19. It was given in charge in the nineteenth place, that

monks or nuns be humbly subject to their superior, regu
larly constituted, and lead a quiet regular life, and without
dissension, and firmly retain those things which are agree
able to the design of their habit : and let them not use
gorgeous apparel, or such as savours of vain-glory, like secu
lars ; but a simple habit, and such as agrees with their pro
fession.
20. It is enacted by the twentieth decree, that bishops, by
a vigilant inspection in their parishes, take care that monas
teries, as their name imports, be honest retreats for the silent,
and quiet, and such as labour for God's sake ; not receptacles
of ludicrous arts, of versifiers, harpers, and buffoons, but
houses for them who pray, and read, and praise God. And
that leave be not given to every secular to walk up and
down in places which are not proper for them, viz., the
private apartments of a monastery, lest they take an occasion
of reproach, if they see or hear any indecency in the cloisters
of a monastery; for the customary familiarity of laymen,
especially in the monasteries of nuns, who are bnot very
strict in their conversation, is hurtful and vicious : because
by this means occasions of suspicions do not only arise among
'adversaries, or wicked men, but are in fact committed, and
spread abroad, to the infamy of our profession. Let [not],
therefore, nunneries be places of secret rendezvous for filthy
talk, junketing, drunkenness, and luxury, but habitations for
[See above, p. 17 I, first note.]
A. D. 747.] AT CLOVES-HOO. 253

such as live in continence and sobriety, and who read, and

sing psalms : and let them spend their time in reading books,
and singing psalms, rather than in weaving and working
party-coloured, vain-glorious apparel.
f b Minus regulariter conversantium, MS. ; not Mimis, &c, as Sir H.
Spelman.
0 Diversorum give nefandorwm, MS. ; not . . . arum, as Sir H.
Spelman.

21. It is ordained in the twenty-first place, that monastics

and ecclesiastics do not follow nor affect the vice of drunken
ness, but avoid it as deadly poison, since the Apostle declares
that " drunkards inherit not the kingdom of God :" and at [l Cor. vi.
another place, " be not drunk with wine, in which is luxury." i-Eph. v.
Nor let them force others to drink intemperately, but let 18.J
their entertainments be cleanly and sober, not luxurious, nor
with any mixture of delicacies or scurrilities, lest the reverence
due to their habit grow into contempt and deserved infamy
among seculars; and that, unless some necessary infirmity
compel them, they do not, like common tipiers, dhelp them
selves or others to drink, till the canonical, that is, the
ninth hour, be fully come.
d Lat. potationibiis non servia/tt.
[What effect this canon had in our province I know not. But it is [Addenda.]
said that in the other province, the monks of Lindisfarne, who had
hitherto contented themselves with water and milk, did about ten years
after this first begin to drink wine. Spelman, vol. i. p. 289.]

22. It was decreed in the twenty-second head, that all

monastics and ecclesiastics be admonished to keep them
selves always prepared for the holy Communion of the body
and blood of our Lord ; and that rectors take diligent care
that none of their subjects lead such dissolute wretched lives,
as to be separated from the participation of the altar, (their
sins so requiring,) or be careless in confessing, and doing
penance for their crimes. If any one be found so, let him be
sharply reproved.
23. It was added, in the twenty-third place, that lay boys
be also admonished often to communicate, while they are not
yet corrupted, as not being of the lustful age ; also those of a
 254 cuth bert's canons [A.D. 747.
riper age, whether bachelors or married men, who refrain
from sin, are to be exhorted to the same purpose, that they
frequently communicate, lest they grow weak for want of the
[John vi. salutary meat and drink, since our Lord says, " Except ye eat
53] the flesh of the Son of man," &c.
24. It was enacted in the twenty-fourth head, that if any
secular desire to enter into the service of the eholy profession,
he do not receive the tonsure before his conversation and
moral qualifications (according to the prescript of the monas
tic rule) be clearly tried, according to the apostolical precept,
[i John when he says, "try the spirits, whether they are of God ;" un
less some reasonable cause plead for his being admitted into
the congregation before. Further, let bishops of churches,
and rectors of monasteries, know that they ought the more
diligently to try and examine every one, while he is in the lay
habit, before his 'conversion to the monastic life1, that he
may the better bear with him, being such as he had upon
trial found him, if after his admission he displease, and prove
indocible; Snor* by any means rashly expel him, for any cause,
so as that he scandalously go from one layman's house to
another, to the reproach of our profession* ; unless the cause
be such as, if it does happen, ha decree of a synod has deter
mined that he be dismissed and anathematized by all, in all
places, unless he come to satisfaction.
Monkery.
' I read, conversionem ccenobialem, not conrermtionem, as Sir H.
Spelman and the MS., though the other word may serve. Taking a
monk's frock was conversion in this age.
e Docwrit vel docet, I omit. The place is corrupted, and I have not
skill enough to restore the true reading ; hut the translation contains the
main of the sense, and what is lost can be of no great consequence.
h The sixteenth canon of Chalcedon excommunicates monks or nuns for
marriage f-

25. It was determined in the twenty-fifth head, that

bishops coming from synods, assembling the priests, abbots,
[C<etcrum sciant episcopi ecclesi- talem tolerare, qualem antea tentave-
arum sive rcctores monasteriorum, eo rant, ac 3 decet nee ullo modo eum sta-
diligentius unumquemque ante ' coe- tim abjicerc qualibet ex causa, ut per
nobialem conversionem, adhuc in laico laicorum domflculas ad infamiam ne-
habitu constant um. tentare ac perscru- cessans conversationis criminosfe va-
tare se debere, quo (post susceptionem getur.W.]
si displicet, et indocrus existeret) eum t [Concil., toni. vii. p. 865.]
A.D. 747.] AT CLOVE8-HOO. 255

and chiefs* [of monasteries and churches] within their parish,

and laying before them the injunctions of the synod, give it
in charge that they be kept'. And if there be any thing
which a bishop cannot reform in his own diocese, let him lay
it before the archbishop in synod, and publicly before all, in
order to its being reformed.
1 It is probable that here is an end of the canons, as they were first
drawn by the archbishop : what follows, was added at the time and place
of synod.

26. In the twenty-sixth place, the sentiments of the

fathers concerning the profitableness of alms were pro
duced; as that they are necessary to be done daily by
faithful men, that so past sins may the sooner and more
fully be forgiven by God, to offenders who are doing penance
by alms; and that the divine protection may by them be
obtained, that they may not again commit the same sins, nor
any other such like ; and by all that live religiously, that the
purity of their innocency being graciously preserved by God,
a recompense of things eternal may be made to them here
after in heaven, in consideration of their freely disposing of
their temporal things here on earth. And certainly they
are not to be given to the intent that a man may commit
any the least sins with the greater liberty, on account of the
alms given by him, or by any other in his behalf. But [let
them be given] in the manner aforesaid ; for alms is a name
and work of mercy : therefore, let whosoever desires to do
mercy truly to his own soul, not give alms out of his unjust
plunderf, but out of his own well-gotten substance : for if it
be given out of what is gotten by cruelty or violence, divine
justice is rather provoked than pacified by it, because,
according to the Scripture, the alms that is done out of the
substance of the poor, is like killing the son in presence of
the father". Nor let a man give alms to the needy to the
intent that he may more freely immerse himself in gluttony
and drunkenness, beyond all bounds ; lest by putting God's
justice to sale, he be not only more sharply, but more speedily
condemned by it. And, to speak in general, let not any men's
[praepositis, S. W.]
f [non sit eleemosyna illius ex injusta aliorum rapina, S. W.]
256 cuthbert's canons [a. d. 747.

alms be daily given to God with this view, that they may
with impunity act their bodily lusts. For they do in vain
give alms that are entirely their own 'and free from any
mixture of wicked dealing, who desire and hope, through the
blindness of their fancy, by this means to bribe the supernal
Judge* : for they who act and think in this manner, while
they seem to give their own to God, do undoubtedly, by
their crimes, give their selves to the devil. m Lastly, then
let not alms be given (according to the new invented conceit
of men's own will, grown into a custom dangerous to many)
for the making an abatement or commutation of the satis
factory fastings, and other expiatory works, enjoined to a
man by a priest of God, for his own crimes, according to
the n canon-law ; but rather as an increase of his own satis
faction, that the divine wrath which he hath provoked by
his own demerits, may the sooner be pacified. And withal,
the more unlawful" things a man hath done, the more he
ought to abstain from things that are lawful ; and the greater
sins he hath committed, the greater fruit of good works he
ought to yield to God ; and not to drop or lessen some good
works, by practising others in their stead. For it is good to
be assiduous in psalmody, and often to bow the knee with a
sincere intention, and daily to give alms ; yet abstinence is
not to be remitted ; fasting, once imposed by the rule of the
Church, without which no sins are forgiven, is not to be re
mitted on account of these. Let these and such like be done
as p additions for the more full expiation of sin. For it is
necessary that the jolly flesh, which drew us into sin by its
incontinence, being afflicted by fasting, should hasten our
pardon; for such sins as exclude us from the kingdom of
heaven, if they are not corrected, are to be expiated with all
the pious' actions that a man can dof. For one knows not

[Quia frustra suas tantum elee- f [Sed ha?c et his similia, fiuntaug-
mosynas, et non intermixta flagitia su- menta ad majorcm expiationem pecca-
pernum pensare judicem casco suo torum, quia necesse est ut caro qua?
libitu volunt et optantW. The nos iaeta per incontincntiam traxit ad
meaning of this, as well as in Sir H. culpara afflicta per jejunium reducat
Spelman's text, is clearly " because in ad veniam j festinanter etenim, quibus-
vain in their own blind fancy they wish cunque praevaleat piis actibus homini
and desire that the Judge above should expianda sunt talia piacula, qua; vi-
weigh their alms alone, and not the delicet regnum Dei claudere, si non
excesses that are mingled with them." ] corrigantur, aperte describuntur.W.J
A. D. 747.] AT CI.OVES-HOO. 257

what the following day may bring forth, and for how long a
time he may be in a condition to do any good deeds for his
former evil ones : for He who hath promised pardon to the
sinner hath not promised him another day.
k Ecclus. xxxiv. 20. is here meant.
1 Aron intermixto flagitio, MS., not Jfagitia, as Sir H. Spelman.
m Monsieur Petit, Pag. 119 of his dissertation, entitled, Theodori de
pomitentia doctrina ab omni novitatis suspicion* vindicata, observes, that
this canon does not condemn the practice of giving alms by way of
penance, with a purpose of leaving sin, but giving them in hopes to pur
chase licence to sin : yet it must be allowed that this canon forbids the
commutation of fasting by alms, which yet Theodore's penitential as
published by Petit allows, as likewise the penitential canons ascribed to
Bede, 14, 15*.
" By the canon law here, is meant, the canons of the Latin Church, and
the penitential s now in use.
lnlicita, MS., not inclyta, as Sir H. Spelman f.
P Augmenta, MS., not argumenta, as Sir II. Spelman.
1 Piis, MS., not plus, as Sir H. Spelman : delete colon at homini, put it
afterfestinanter.

27. In the twenty-seventh J, when they were thus dis

coursing much of those who sing psalms, or spiritual songs
profitably, or of those who do it negligently, psalmody (say
they) is a divine work, a great cure in many cases, for the
souls of them who do it in spirit and mind. rBut they that

[Cone. Brit. Spelman, vol. i. p. Sancto Spirilu jam olim ad solatium

287, 8.] generi humano per os prophetic pro-
t [illicita.W.] lati, cum intima intentione cordis et
\ [The translation of the first part corporis congrua humiliatione, ad hoc
of this canon is unsatisfactory, but the canendi sunt ; quatenus per divinie
Latin is obscure : laudis oracula, et nostra? salutis sacra-
XXVII. De sancta psalmodut ulili- mentaethumillimam quoqueconfessio-
tate. Vicesimo septimo : multa sive nem delictorum, sive eorundem suppli-
de his, qui sanctam psalmorum ac spi- citer imploratam remissionem, de qua-
ritalem cantilenam utiliter, sive de his, cunque re digna divinae pietatis exo-
qui negligenter prsesumunt agere, rantes pulsaverunt aures eo digniores
multa disserentes in hunc modum : exandiri mereantur, quo ipsi Deo ap-
"Psalmodiie, inquiunt opus divinum propinquare vel placere gestiunt, per
spiritu et mente agentibus, magnum ea quae pnedixi tarn sacrosancti ac di-
est et multiplex animarum niedica- vini specialiter famulatus officii servi-
nientum suarum." Voce 'autem sine tium ; sive pro se ut faciant in ilia
sensu cordis canentibus, sonitum -ali- sancta moduiatione, Deum multiplici
cujus rei facere simillimum 3 est, unde modo et laudant et orant ; sive pro aliis,
qu.imvis psallendo Latina quis nesciat viventibus sen mortuis, cum expleta
verba, suas tamen cordis intentiones, quantalibet psalmodia, genu flectentes
ad ea, quae in prsesenti poscenda sunt in orationem, et lingua Latina, vel qui
a Deo, supplicitcr referre, ac pro viri- earn non didicerunt, sua Saxonica di-
bus detinere debet. Nam psalnii a cunt: " Domine miserere, &c."W.]
JOHNSON. K
258 CUTHBERT's CANONS [A. D. 747.

sing with voice, without the inward meaning, may make the
sound resemble* something : therefore, though a man knows
not the Latin words that are sung, yet he may devoutly
apply the intentions of his own heart, to the things which
are at present to be asked of God, and fix them there to the
best of his power. For the psalms which proceeded of old
through the mouth of the prophet, from the Holy Ghost, are
to be sung with the inward intention of the heart, and a suit
able humiliation of the body, to the end that * [by the oracles
of divine praise, and the sacraments of our salvation, and the
humble confession of sins, or by devoutly imploring the par
don of them, they that touch the ears of divine pity by pray
ing for any valuable thing, may the more deserve to be heard,
by their desiring and affecting to draw near to God, and to
appease Him by the means which "I before mentioned, espe
cially their most holy and divine service] ; while they offer
variety of prayers and praises to God in that sacred modula
tion, either for themselves or for others, quick or dead, while
at the end of every psalmody they bow their knees in prayer,
and say in the Latin, or, if they have not learned that, in the
Saxonic, " Lord have mercy on him, and forgive him his sins,
and convert him to do Thy will :" or, if for the dead, " Lord,
according to the greatness of Thy mercy, grant rest to his
soul, and for Thine infinite pity vouchsafe to him the joys of
eternal light with Thy saints." But let them who pray for
themselves have a great faith in psalmody [performed] with
reverence, as very profitable to them, when done in manner
aforesaid (on condition that they persist in the * expiation of
their crimes, and not in the i allowance of their vices *) that
is, they may the sooner and the more easily deserve to
arrive at the grace of divine reconciliation by prayers and
intercessions, while they worthily sing and pray; or that
they may improve in what is goodf ; or that they may obtain
what they piously ask : not with any intent that they may
for one moment do evil, or omit good with the greater
liberty, or relax fasting enjoined for sin, or give the less
alms, because they believe others sing psalms or fast for
[Si tamen ipsi in <expiatione de- f [sive ut ad meliora proficiant.
bitasuorum I'.k inoruin, et non in spas- S. W.]
aione conriatunt adhuc vitiorum. W.]
A.D. 747] AT CLOVES-HOO. 259

them. For let every one certainly know that his own self
same flesh, which hath been the causes of unlawful wicked
desires*, ought to be restrained from what is lawful; and
that a man should punish it at present in proportion to its
guilt, if he desire not to be punished hereafter by the eternal
Judge. Let himself first importune the divine clemency with
groanings of heart for the restoration of himself, and then
bring as many servants of God as he can to make their com
mon prayers to God for him. For z if they promise, or be
lieve, or act otherwise than hath been before said, they do
not lessen sins, but add sins to sins ; because by this means
(above all the rest) they provoke the anger of the supernal
Judge ; because they dare set His justice to sale every day
by an unmeasurable flattery, and the excessive blandish
ment of luxurious conversation. We must speak at large of
this, because a worldly rich man of late, desiring that speedy
reconciliation might be granted him for gross sin affirmed by
letters, that that sin of his, as many assured him, was so fully
expiated, that if he could live three hundred years longer, his
fasting was already paid by the [new] modes of satisfaction,
viz., by the psalmody, fasting, and alms of others, abating
his own fasting, or "however insufficient it were. If then
divine justice can be appeased by others, why, O ye foolish
ensurers ! is it said by the voice of truth itself, that it is
" easier for a camel to go through the eye of a needle, than [Mat xix.
for a rich man to enter into the kingdom of heaven," when he
can with bribes purchase the innumerable fastings of others
for his own crimes ? O that he might c perish alone, ye that
are deservedly called the gates of hell d before others are
ensnared by your misguiding flatteryt, and led into the plague
of God's eternal indignation. Let no man deceive himself,
God deceives none when He says by the Apostle, " We shall [Rom. xiv.
all stand before the judgment-seat of Christ," &c.
r Aiitem ', MS., not hanc, as Sir H. Spelman.
The MS. has adcvjut rri, not ad cuivis, as Sir H. Spelman. I take
the liberty to read it alicujus2, dec. and understand est as licet . I conceive

[quae illicita ac nefanda contraxit rum inferni merito vocati antequam

desideria. S. \V.] plures veatra errabunda adulatione im-
t [Utinam vos soli "pereatis ?per- plicentur. W.]
suasores peccatorum ct nomine porta-
R 2
 260 cuthbert's CANONS [AD. 747.

the sense to be obvious enough, though the words are oddly put together.
The fathers in this canon, seem clearly to speak of spiritual singing and
prayer, as if it consisted in putting a certain seasonable meaning upon
words that were said or sung, but not understood. I believe it may easily
be maintained that this notion is as true as that which has of late years
prevailed, viz. that praying extemjmre is praying by the Spirit. Indeed it
must often happen, that to pray extempore, and to pray in words not
understood by the people, to which yet they give some seasonable mean
ing, are the very same thing. This cleariy explains what is meant
by saying psalms for other men, which is so often mentioned in ecclesias
tical canons and constitutions.
' What is here enclosed in hooks, has no certain syntax, nor clear sense
in the Latin.
0 Either Cuthbert, or some one of the bishops drew up this, and here
forgot that he was speaking in the name of a synod, and so used the sin
gular number : or else it was left to be drawn by the actuary, and
forgotten to be reviewed by the archbishop or bishops. This latter seems
most credible to me ; and it is probable that the actuary added the short
preface to every canon.
x Expiatione*, as MS., not expectation?, as Sir H. Spelman.
1 Lat. passione 5 ; which they understood as we do sufferance.
' This will be best explained by the canons of King Edgar, in the year
963. c. 74.
I conjecturally read the Latin thus, immeiua adulatione atijue ilhce-
broso excessu luxuriosa conversationis, dx.* I suppose these words
alluded to the great treats or entertainments made by these wealthy
offenders, to them who took a share in these mock-penances.
b Utcunque, as MS., not utrunque, as Sir H. Spe'man.
0 Pereatis*, MS., not pietatis, as Sir H. Spelman.
Per suas fortes'*, peccatorum, are the words here omitted.

28. In the twenty-eighth mandate they charged that no

[head of a monastery] admit a greater congregation than he
can maintain, and find in necessaries. If any have unwarily
done this, let them exact the less work of them, till they can
give them food and raiment suitable to their habit of pro
fession. And among other observances of the regular life,
let them use the accustomed apparel of those ewho have been
before them, whether they are clerks or monks : and let them
not imitate seculars in the fashionable gartering of their
legsf, nor in having shags fround about their heads, after
the fashion of the layman's cloke, contrary to the custom
of the Church. Likewise, that nuns, veiled by the priest,
[This, as well as the next reading, is followed by Wilkins. J
t [iu vestitu crurum per lasciolas. W.]
A. D. 747.] AT CLOVES-HOO. 261

and having taken the habit of their holy profession, ought

not to go in secular apparel, or in gaudy gay clothes, such as
lay-girls use, but take care always to keep the garb of chastity,
which they have received, to signify their humility and con
tempt of the world; lest the hearts of others be denied with
the sight of them ; and they by this means be found guilty
of this defilement in the sight of God.
Lat. priorum. It may signify their priors or governors.
f Lat. coculas in eircumdatione capitis. See coccula in Spelman's
Glossary, cock-bote in Rennet's. It seems plain, from this and other
passages, that the outward garment of laymen as well as clergymen,
covered the head as well as whole body : and it is likewise probable, that
the clergymen and monks had the same habit at this time : or indeed,
that there were very few clergymen but what were monks, which appears
especially from the next canon.

29. They decreed in the twenty-ninth canonical edict,

that clerks, monks, and nuns, may not after this synod,
dwell in the houses of seculars, with laymen, but return to
the monasteries where they first took the habit of the holy
profession, out of which they departed of their own accord,
or were ejected by the violence of others, as hath certainly
been done in many places; nor let free ingress be denied
them, upon their return, on account of any past fault. But
if any of either sex, not being under a curse, but [going
away] with the licence, and benediction of [their superiors]
have afterwards been peaceably admitted by others into their
society ; and yet since that run up and down roving and un
settled, among the laity, the return8 aforesaid enjoined to
them, relates not to the house, from which they regularly
departed; but to the place where they had been regularly
received into society, by mutual consent and licence.
g Prredicta, MS,, not pradicata, as Sir H. Spelman .

30. As to the thirtieth head, ha long debate was publicly

made between the priests of God and those of an inferior
degree 'of dignity, consulting how they might in the present
state wholly silence the jealousies, or suspicious words of
some (when the internal discerner of secrets was witness,
that the notion was vain and false) viz., that kings, with
their kdukes and princes, and many lesser potentates, use
[praedicta reversio. W.]
262 cuthbert's CANONS [A.D. 747.

to speak of them as though they were not only unsincere in

their affections towards them, but rather envied their abun
dance, and prosperity in things present, with a malignant
mind, rather than rejoiced at it with a devout heart; and
did not cease their detractions against their way of living.
For they thought that any man of eminence and honour did
very undeservedly, for some causes, speak and think thus of
them ; because this was not only contrary to the vow of
their habit, but to the evangelical and apostolical doctrine,
viz., that he who is a preacher of love to God and man (who
is created after the image of God) should for the least
moment of time admit the fuel of hatred or envy to lurk
within him. That therefore the accusers might certainly be
made to confess that they were wholly free from this vice,
so detestable, not only before God, but man, they ordained,
that henceforth ecclesiastics and monastics should, in their
"canonical hours, intreat the divine clemency, not only for
themselves, but for kings, dukes, and for the safety of all
christian people, that they may deserve to lead a quiet and
peaceable life under their pious protection : and that they
should for the future be unanimous in faith, hope, and love
toward God, and in mutual good affection toward each other;
that after the course of this pilgrimage, they all together may
merit to arrive at the country which is above ; and that the
divine clemency should more earnestly be intreated in behalf
of such as do most often extend their pious patronage to the
Church while they are alive ; and that the atoning celebra
tion be often piously performed, by the ministration of great
numbers of priests of Christ for the rest of their souls, when
they are dead ; on condition that they remember to prepare
themselves for this benefit, while they are living.
h Sermo diutius prolatus2 est, not prohitum, as MS. , much less probatvm,
as Sir H. Spelman*.
1 Dignitatis*, MS., not tes, as Sir H. Spelman.
k Duces seems to be the Latin word for Hepe-cojar, leaders of the army ;
for dukes, as we now take that title, were scarce in being here in England
at this time. The earl was the highest of the nobility.
1 The canonical hours signifies here, not only the times of the day and
night used for public devotions, but the stated forms then used. I sup-
[sermo diutius inter sacerdotes Dei atque minoris gradus 'dignitatis, in
medio '' prolatus est, quarentes. W.]
A. D. 717.] AT CLOVES-HOO. 263

pose it evident that there were then no prayers for kings or potentates
among these forms : if there had, they would have been used before this
council ; and then there could have been no occasion to order prayers for
kings and potentates in this canon. Yet though prayers are ordered to
be offered for them, no new forms are enjoined : and I conceive it certain
that no prayers were then publicly read or pronounced, but such as were
contained in their books. If it then be asked, how prayers were to
be made for kings and potentates ? I answer, just in the same manner
that they were to be made for other particular men : for which see Can.
27 above. They either by virtue of a strong imagination fancied that
the Latin words sounded their wishes for the prosperity of their civil
governors, or (if they understood Latin) did in their thoughts take in
their civil governors when they were praying for general blessings and
divine favours ; or else, after the end of their psalmodies or other offices,
they kneeled down and every one singly, or as many as pleased, prayed
privately according to the words of this canon, for ' kings, dukes and
potentates, and for the safety of all christian people, that they may
deserve to lead a quiet and peaceable life under their protection.'

N.B. Sir H.Spelman's printed copy varies from the Cotton [Post-
MS. (Otho A.l.)in about one hundred and fifty particulars, all 8cnPt-J
these variations, excepting those above observed, which are
near twenty, seem to me to be proper obvious emendations
made by Sir H. Spelman of a very unaccurate transcript,
though the only one we have. Generally speaking, Sir H.
Spelman's corrections are only of gross misspellings, there
fore I did not think worth while to take notice of them, no
more than of those which were printed without correction,
which are very many ; but which every Latin reader can want
no help to rectify.
It is observable, that though in many particulars this
council copied after the pattern which Boniface had set them,
yet in the first and main part they desert it ; I mean in this
that they profess no subjection to the pope, nor make any
recognition of his sovereign authority, as they in Germany
had done. Nor do they countenance that horrible reproach
cast upon the female pilgrims by Boniface, by forbidding
that sex to travel into foreign countries : though I think
they had in doing this last, acted for the honour of religion
and of their country, if there was any such occasion for it as
Boniface pretended. But Archbishop Cuthbert had so great
an honour for Boniface that he ordered the day of his martyr
dom to be observed in a general synod.
 A.D. "DCCLXXXV.

LEGATINE CANONS AT CEALCHYTHE.

P&EFaCE.

Sir H. About this time, Gregory, bishop of Ostia, and another of

Spelman*, ^e same order, named Theophylact, were sent hither, in the
292. quality of legates, from Rome, by pope Adrian, to exercise the
papal authority. They call themselves the first priests that had
been sent from Rome, since Augustin the first archbishop of
Canterbury; and it were to be wished they had been the last
too, that came upon such an errand. They were honourably
received by Janbyrht, (otherwise called Eanbert, and Lam
bert,) from thence they proceeded to the court of Offa, king of
Mercia : from thence Gregory, with Wighod, an abbot, whom
Charles the emperor sent to attend the legates, proceeds to
the kingdom of Northumberland, and there holds a council.
It is evident, the legates had all^ready drawn, and put
neither the ecclesiastics nor seculars to the trouble of de
bating any single point. Both councils subscribe to the
same form of words ; which is too sad an evidence of the
tame implicit faith and obedience of the church and state, at
this time of day. These are called the constitutions of
Cealchythe, and though it have four or five other names,
which differ in two or three letters, yet the place, as well as
constitutions, are agreed to be one and the same. Whether
m But Sir H. Spelman dates it, 797. I rather choose to follow the
Saxon Chronicle.

[The reference is so placed in the which precedes the canons in the copy
first edition, doubtless because the of the ' Concilium Calchuthense,'
facts stated in Johnson's preface are given by Spelman and afterwards by
chiefly taken from the first part of the VVilkins from Magdeburg, Cent. viii.
letter of Gregory to Pope Adrian, c. 9. p. 575.]
 PREFACE. 265

this place was in the kingdom of Northumberland, or of

Mercia, is not certainly known. The monk of St. Albans,
who wrote king OfiVs life, speaks of it as in Mercia, yet
others think it was more northward. The learned bishop
Gibson observes, that there is a town in Lancashire, on the
borders of Cheshire, called Kelcheth *. This being on the
confines of the two kingdoms, might sometimes be in the
dominion of the king of Northumberland, at other times of
Mercia. Offa was very much disposed to enlarge his bounds ;
as appears by his attempts on the kingdoms of Kent, West-
Saxony, and East-Angles : he was an ostentatious prince, and
might be willing to shew the legates the utmost bounds of his
kingdom, that they might report his grandeur to the pope
and emperor, his great ally. But if the Mercians' council was
held at Kelcheth, the Northumbrian council must have been
at some place lying farther northward.
All the farther account I shall give of this synod, and its
acts and canons, shall be by translating the last clause of the
letter sent by Gregory the legate, to the pope, upon the con
clusion of it, and the constitutions there made, as you have
them in Sir H. Spelman, vol. i. p. 293.
[Chron. Sax. Nom. loc. explic. p. 18, 9.]
 A.D. DCCLXXXV.

Latin. We wrote a capitular of all the particulars, and rehearsed

Hliklp."' tnem all in order in their hearing, who with all humble sub-
1*5.] mission, and with an appearing willingness, embracing the
admonition, and our parvitude, promised in all particulars to
obey : then we delivered to them your letters to read, obtest
ing them, that they would see that the holy decrees be ob
served, both by themselves and their subjects. Now these
are the heads which we produced to be observed by them.
1. That the holy inviolate faith of the Nicene council, be
faithfully and firmly held by all that are devoted to the holy
service: and that the priests of every church, who are to
teach the people, be diligently examined by the bishops every
year, in their synodical assemblies, concerning the faith : so
that they may profess, hold, and teach the apostolical catho
lic faith of the six synods, which is approved of by the Holy
Ghost, and not fear to die for it if there be occasion ; and
that they receive all such men as the universal councils have
received, and reject and condemn all those heartily, whom
they have condemned.
2. That baptism be practised according to the canonical
statutes, and not at any other "time, except in great neces
sity ; that all in general know the Creed and the ' Lord's
Prayer: 'and that all who "undertake for children at the
font, know that they are sureties to the Lord, according to
their sponsion, for the renouncing of Satan, his works, and
pomps; and for their believing of the Creed ; that they may
teach them the Lord's Prayer aforesaid, and the Creed, while
they are coming to ripeness of age : for if they do not, what
is promised to God, in behalf of them that cannot speak,
shall be with rigour exacted of them. Therefore we enjoin,
A. D. 785.] LEGATINK CANONS AT CEALCHYTHE. 267

that this be charged on the memories of all the people in

general*.
At Easter and Whitsuntide only.
Or rather, take them out of the font, for this was formerly the sponsor's
part. Lat. Qui parvulos de sacro Fonte suscipiuntf.

3. That there be two councils every year, according to the

canonical institutions; that the briars and thorns may be
cut off from the hearts of all offenders, as spurious branches
are by good husbandmen. And let every bishop go round
his parish once every year; carefully appointing places of
assembly at convenient distances ; that all may meet to hear
the word of God, lest any one, through the neglect of the
shepherd, ignorantly going astray, suffer the bites of the
roaring lion. Let him with watchful care preach to [and]
confirm the flock committed to his charge : let him separate
the incestuous, coerce soothsayers, fortune-tellers, enchan
ters, diviners, wizards, and psuch as are guilty of sacrilege;
and suppress all vices. And let no man affect to feed the
flock committed to him for filthy lucre's sake, but in hope
of an eternal recompense ; and what he has freely received, let
him freely give to all, as the Apostle obtests, saying1, (2 Tim.
iv. 1.) as the prophet says2, (Isai. xl. 9.) that so he may excel
in merit as he does in dignity. And that he may not be
cramped by fear while he is teaching, let him hearken [to these
words], " Lift up thy voice*," &c. Jeremiah also says, " Gird
up',"&c. Jer.i.l7J. Alas! for this lamentable lukewarmness,

' [et ill! qui parvulos de sacro fonte But see Maskell, Mon. RiL Keel,
suscipiunt, et pro non loquentibus re- Angl., vol. i. pp. Tl, 23, 30, 31.]
gpondent, ob renuuciationein Satanse, \ [These passages are given at
et operum ac pomparum ejus, seu length in the Latin,
fidei credulitatem, sciant se fidejusso- "Testificor coram Domino et
res ipsorum esse ad Dominum pro ipsa Christo Jesu, qui judicaturus est vivos
sponsione : et dum ad perfectionem et mortuos, et per adventum ipsius,
aetatis pervenerint, doceant eos prse- et regnum ejus, prxdica verbum ;
dictam orationem dominicam et sym- insta opportune inopportune ; argue,
bolum ; quia nisi fecerint, districte ab obsecra, increpa, in omni patientia et
eis exigetur, quod pro non loquentibus doctrina." Sieut propheta dicit :
Deo promittitur. Ideo generaliter *" Super montem exeelsum ascende
omni vulgo praecipimus, hoc memorise tu qui evangelizas Sion :" scilicet ut
mandari. W. ] ita prieemineat merito, sicut et
f [The words of the rubric on this gradu. Kt ne forte debeat a docendo
point in the " Ritus Baptizandi" of timore restringi, audiat: '"Exalta in
the Church of Salisbury are, " Tunc fortitudine vocem tuam, et noli
patrini accipientes infantem de mani- timere." Hieremias quoque dicit :
bus sacerdotis Kvent eum de fonte." "4Accinge lumbos tuos, et surge et
 268 LEGATINE CANONS [A.D.7SS.

(as many considering men say) why will ye be involved in

the love of secular things, or out-braved in opening the word
of truth? if the prelates of the church are silent through
fear, or worldly friendship, and do not reprove sinners, or
run away like false shepherds that care not for the sheep,
when they see the wolf coming, why are they not more
afraid of the King of kings, and Lord of lords ? who repre
hends shepherds by the prophets, saying, " Ye have not gone
up*," &c. Ezek. xiii. 5. Lastly, as the watchful shepherd
guards the sheep against the wild beasts, so the priest of God
ought to be solicitous for the flock, lest the enemy spoil, the
persecutor annoy ; lest the ravening of the powerful disturb
the life of the poor ; since the prophet says, " If thou givest
[John x. not warningt," &c.Ezek.iii. 18. " for the good Shepherd layeth
,J down His life for His sheep;" endeavour my fathers, and
brethren, that ye bear these things in mind, lest it be said
[Ezek. to you, as to the shepherds of Israel, " Ye feed yourselves',"
xxxiv. 2.] c jjut ^at ye may deserve t0 hear, " Well done good and
2i.] ' faithful servant2," &c.{
p Sacrilegos, Lat. I should rather read, sortikgos, sorcerers .

4. That bishops take great care, that canons live canoni-

cally, and monks and nuns behave themselves regularly,
both as to diet and apparel, that there may be a distinction
between a canon, a monk, and a secular. Let the monks
use the habit that the 9 Orientals do, and the canons also;
and not garments dyed with Indian tinctures, or very costly.
But let bishops, abbots, and abbesses, give good example to
[l Pet v. their subjects, as Peter says, " Be ye a pattern to the flock V
J &c Therefore we advise, that the r synodal edicts of the six
general councils, with the decrees of the Roman pontiffs, be
often read with attention, and that the ecclesiastic state be
loquere ad eos : ne formides a facie suo morietur." W.]
coram ; nee enim timere te faciani J [Htec namque recolentes, patres
vultum eorum." W.] mei et fratres, opcram date, nc de
[Non ascendistis ex adverso, ne- vobis dicatur, ut pastoribus Israel:
que opposuistis murum, ut staretis in "'Qui pascunt semetipsos," etc., sed
praelio in die Domini." W.] audire mereainini: " ' Euge bone serte
t [Si non annunciaveris iniquo et fidelis, intra in gaudiuin Domini"
iniquitatem suam, sanguinem ejus de \Y. J
mini tua requiram j si autem annun- [sortilegos, W.]
ciaveris, et non egerit pcenitentiain, ^| ["Kstote forma facti gregis,
tuani animam libcrasti, ipse in peccato secundum Dominum," etc. W.J
 A. D. 785.] AT CEALCHYTHE. 269

reformed, according to the pattern prescribed there; that so

no novelty be introduced, lest there be a schism in the Church
of God.
' It is hardly credible, that Roman legates should propose the example
of the Eastern people to be imitated by the English, unless by the Eastern
or Orientals they meant the Italians and neighbouring people, who were
indeed sometimes called Orientals in this age. See Can. 19.
' Here the Church of England clearly received the whole body of canons
and codes contained in the second volume of the clergyman's Vade-Me-
cum, which Adrian the first, now Pope, presented to the Emperor Charles
the Great ; and which he sent to King Ofta. Sir H. Spelman indeed, as
well as others, supposes the synodal statutes, which Charles sent to Olla,
to have been the decrees of the second council of Nice ; yet he owns they
seem to have been sent some years before the sitting of that synod ; and
it is evident that the writer of OfFa's Life could not mean these Nicene
decrees, for he says they were sent for the informing the minds of the
English prelates, which he believed to be rude and unpolished, and that
Offa received it as a gift from heaven. But though Charles did after
wards send the Nicene decrees hither, it could not be to inform our church
men ; for he himself did not approve of them, and therefore could not be
desirous that others should imbibe the doctrine contained in them : nor
does it appear that either our kings, clergy, or people, did well relish these
horrible innovations, we have a great deal of reason to believe the con
trary ; but what Sir Henry* applies to the decrees of Nice may very
justly be understood of the code of canons, &c.

5. That if an abbot or abbess depart this life, (which often

happens,) religious pastors of approved life be chosen from
among themselves in the Lord, (who may take care of the
souls committed to them) with the advice of the bishop,
within whose parish the monastery is situate. But if such a
man is not to be found in that convent, let such an one be
sent them from another, to govern them in the Lord; that
they may with humility, and obedience, day and night, be
employed in fulfilling the vow they have made to God,
" having their loins always girt about, and their lamps burn
ing t," &c.
6. That no bishop presume to ordain a man priest, or
deacon, unless he be of an approved life, and sufficient for
the full discharge of his office; and let them continue in that
[Cone. Brit. vol. i. p. 306.] invenerit, faciat eos aeterni convivii
f [" Parati semper pra'cinctis esse participes." W.See Luke xii.
lumbis, ardentibusque lucernis patrem 3540.]
familias expectantes ut duin vigilantes
 270 LEGATINE CANONS [A. D. 785,

title to which they were consecrated ; so that none presume

to receive a priest, or deacon, from the title that belongs to
another, without a reasonable cause, and letters commen
datory.
7. That all public churches have their course [of divine
service] at the canonical hours with reverence.
8. That ancient privileges conferred on churches by the
holy Roman see be preserved by all. But if any have been
granted contrary to the canonical institutes, in compliance
with wicked men, let them be * cancelled.
One would think that the legates here exceeded their commission, or
that they were not in earnest when they drew this canon.

9. That no ecclesiastic presume to eat in secret, unless on

the account of great infirmity ; for this is hypocrisy*, and
[the way of] the * Saracens ' ; therefore we are advised not
[Matxxiii. to be " whited sepulchres2," &c., especially since our Saviour
27 ' '* says, "uSee that you do not your justice before men3," kc.
From hence we may see how little it signifies to pretend to
fast before men, but swallow an ox or horse in secret ; since
our good works are commanded to be done in secret, that
we may be rewarded by Him in whose Name they are done.
1 Saracens or Mahumedans are said to fast in the day but revel in the
night. Their profession is to abstain from wine, but their practice to
drink it immoderately in private. But perhaps it should be Sarabattarum,
for Saracenorum. Sarabattee were Monachi tibi viventes .... qui quic-
quid putaverini vd eltgerint hoc dicunt sanctum, et quod nolucrint hoc
putant non licere. Benedict calls them nulla regvla approbali. See Sir
II. Spelman's Glossary f.
This is a literal version of Matt. vi. 1, and a just one, says Dr. Mill,
in loc. et proltgom, p. 42 J.

10. Let no minister of the altar presume to go celebrate

[quia hypocrisis hoc ' Saracen- J [AiKcuoavvrtv. Steph. C. Cft-
orum est. Ideo hortamur, **' Ut non t'ulg. plerique antiquorum patrum
sinius forinsecus sepulchre dealbata, inquit Jim. nee dubito, quin Matthsi
intus autem pleni cadaveribus mortu- Tsedekah sic reddidcrit hoc loco gr.
orum j" maximc cum salvator dicit : ' interpres ; tKtt)iioaivjiy autem e mar-
" 'Attendite, ne justitiam vestrain faci- gine codicis cujusdam in contextum
atis, coram hominibus, ut videamini ab irrepsisse N. Test. Grjec. Mill, p. 12.
eis; alioquin mercedem non habebitis Justitia sc, hoc loco, non est stride
apud patrem vestrum, qui in c;i lis est" beneficentia erga pauperes, sed justitia
W.] evangelica in genere; cujus specif5
f [p. 500. cf. Regula S. Benedicti, iXttipooiini, preces, jejuniuni, &c. ibid,
c. i. Holstenii Codex, vol. i. p. 115.] Proleg. p. xlii.]
A. D. 785.] AT CEALCHYTHE. 271

the mass with naked legs, lest his filthiness appear and God
be offended. For if this was forbid in the law, we know it
onght more carefully to be observed in the sacrament of
Christ. Let xbread be offered by the faithful, not crusts.
We have also forbidden the chalice or paten for sacrificing,
to be made of an ox's horn, i because they are of
blood*. 'We have also there seen bishops in their councils
judging secular matters ; and we forbade them with the
apostolical saying t, 2 Tim. ii. 4; we have also earnestly en
treated that prayers be assiduously made for the Church of
God, that God and our Lord Jesus Christ may exalt, cor
roborate, protect, defend, and preserve her, without spot, to
the praise and glory of His Name, for ever and ever. Amen.
It seems plain that hitherto the people here in England brought to
church and offered the Eucharistical bread, and that therefore it was not
provided either by the priest or any other officer.
Lat. Quod de sanguine sunt. It is true, with a little breach of concord,
which is no uncommon thing with our forefathers, this may be understood
of the ox's horn, of which the chalice and paten were, it seems, sometimes
made ; and this does, indeed, grow from the blood of the ox. But it may
perhaps, seem more probable to others that these words were part of a
clause against clergymen's judging in causes of blood, but curtailed by the
transcriber, though Sir H. Spelman takes no notice of it. What follows
favours this.
* From hence it appears, that the bishop's sitting on the bench with
the alderman, was so far from being an imposition of the pope, that he,
by his legates, would have broken this practice.

11. Our address to kings is that they administer their

government with caution and discretion, and that they judge
righteously, as it is written, " " Take hold of discipline, O ye
kings %," &c. Further as we have above directed bishops to
speak the Word of God with a divine authority, faithfully
and truly, without fear or flattery to kings, princes, and all
dignities, never declining the truth, sparing no man, con
demning no man unjustly, excommunicating none without
cause, and to shew the way of salvation to all, both by word

* [Vetnimus etiam, ne de cornu negotiis secularibus ut ei militet cui

bovis calix aut patina fieret ad sacrili- se probavit." W.]
candum, quod de sanguine sunt. W. J ["Apprehendite disciplinam, lie
There is no ground for supposing an quandoirascaturDominus et pereatis,"
omission in this place.] etc. \V.]
f [" Nemo militans Deo implicet se
 272 LEGATINE CANONS [A.D. 785.

and example ; so we have also admonished kings and princes,

that they from the heart with great humility obey their
bishops, ' because the kingdom of heaven is committed to
them *, and they have the power of binding and loosing, as it
is written," Ask thy Father, and He shall shew thee ; thy
belders, and they shall tell thee," Deut. xxxii. 7. And the
Apostle elsewhere f> " Obey your prelates ' as the Lord, for
they watch for you, as they that are to give account of your
[Lukex. souls," Heb. xiii. 17. Our Saviour Himself says to doctors,
M | .. _ " He that heareth you, heareth me'," &c. " The lips of the
priest preserve knowledge "," &c. " For he is the angel of
the Lord of hosts/." If then priests are called angels, they
[l Cor. iv. cannot be judged by secular men. As the Apostle says,
" for me it is a very small thing that I should be judged of
[Ps. cv. you {." Also it is said by the psalmist, " He reproved even
' J kings for their sakes ; touch not mine anointed, and do my
prophets no harm." And the Apostle [says], "Know ye
not that we shall judge angels, how much more the things
of this world ?" 1 Cor. vi. 3. For as kings are above all dig
nities, so are bishops in things pertaining to God.

* Psalm ii. 12, according to the vulgar.

b Presbyteros, Vulg. Lat. It was probably intended by the authors of
these canons, to be understood of priests.

c Therefore we exhort with all earnestness that all do in

deed honour the Church of God, which is the spouse of
Christ ; and not put on her an unrighteous yoke of servitude,
nor wax proud with secular power, nor oppress others with vio
lence, as it is written, " The king's power loveth judgment ,"
Psalm xcix. 4. Let every one of them consider how he expects
that his spouse should be honoured by his subjects ; and let
him see in this earthly example, how much the spouse of the
King of heaven ought to be reverenced ; lest it be said of
them, (which God forbid,) " They have reigned, but not by
' [quia illis claves coeli data? sunt, Item per proplietam : " Labia sacer-
\V. | clolis custodiunt scientiam, et legem
f [" Obedite ' praepositis vestris tan- requirunt ex ore ejus, 4quia angelui
iju.im Domino ; ipsi enim vigilant pro Domini exercituum est" W.]
vobis, quasi pro animabus vestris rati- J [Mihi autem pro mini mo est, ut
onem reildituri." Dominus ipse doc- vobis judicer, aut ab humano die; qui
toribus ait i ""Qui vos audit, me autem me judical, Dominus est. W.]
audit ; qui autem vos spernit non [" Et honor regis judicium dili-
spernit vos, sed eum qui misit vos." git." Vr\]
A. D. 785.] AT CEALCHYTHE. 273

Me *," &c. Hos. viii. 4. But that they may rather deserve to
have it said, "I have found a man after Mine own heart f" &c.
Ps. lxxxix. 1921. That [God] may grant them the eter
nal glory of the kingdom which is to come : and let kings
have wise counsellors, fearing the Lord, of commendable
manners, that the people being instructed and reformed by
the good example of kings and princes, may improve to the
glory and praise of Almighty God.
c This and the following canon were drawn with an eye to prince
Ecforth's being anointed king, in his father OfFa's lifetime, but with his
consent ; which was either actually done, or, however, iesolved upon in
this synod, as the historian informs us.

12. That in ordaining kings, none permit the votes of

wicked men to prevail. But let kings be lawfully chosen by
the priests and elders of the people ; not such as are born in
adultery or incest; for as in our times according to the
canons, none can arrive at the priesthood who is of an
d adulterous brood, so neither can he who is not born in law
ful marriage, be the Lord's anointed, king of the whole king
dom, and heir of the country, since the prophet says, " Know [Dan. iv.
ye, that the Lord ruleth in the kingdom of men %" &c. We 25-'
have admonished all in general, that with unanimous voice
and heart they pray to the Lord, that He who elects him to
the kingdom, would give him the Spirit of discipline for the
governing of his people : and let honour be paid him by all,
since the Apostle says , " Honour the king '," &c. 1 Pet. ii.
17. 13. Let none be guilty of detraction toward the king, [Rom. xiii.
1,2.]

[" Ipsi regnaverunt, sed non ex cibus tanqiiam ab eo missis, ad vin-

me ; priucipes extiterunt, et non cog- dictam malefactorum, laudem vero
novi." W.J bonorum." Item apostolus : 3 " Omnis
f [" Invent vinun secundum cor anima sublimioribus potestatibus sub-
meum, quifacitomnes voluntates meas; dita sit quia non est potestas data nisi
ideo posui adjutorium super potentein, a Deo. Quae autem sunt, a Deo or-
et odientes eum in fugam convertam, dinatse sunt. Igitur qui resistit po
ut longaevitatem felicitatemque regni testati, Dei ordinationi resistit; qui
sibi suisque nepotibus distribuat." autem resistunt, ipsi sibi damnationem
W.] acquirunt." Nullus regi detrahat, di-
% i" Scitote, quiaDominusdomina- cente Salomone : ' " In ore tuo ne de-
tor est in regno hominum, et ipsius est traxeris regi et in corde tuo ne male
regnum, et cuicunque voluerit dabit dixeris principi ; quia aves cceli por-
illud." W.] tant illud, et qui habet pennas, annun-
[* " Regem honorificate :" et alibi : ciabit verbum." W.]
sive regi quasi praecellcnti, sive du-
JOHNSON. g
 274 LEGATINE CANONS [A.D. 7S5.

since Solomon says, " Detract not from the king with thy
mouth, nor curse the prince in thine heart 3," &c. Eccl. x. 20.
And let none conspire the death of the king, because he is
the Lord's anointed. If a bishop, or any of priestly degree,
consent to such a crime, let him be thrust out, as Judas was
from the apostolical degree : and whoever approves of such
sacrilege, shall perish in the eternal bond of an anathema,
and being a comrade of Judas, shall burn in everlasting fire, as
it is written*, " not only they who do it, but who approve it',"
&c. Rom. i. ult. The two eunuchs, who desired to kill king
[Esther Ahasuerus, were hanged on a gallows4, Esth. Apoc. xii. 3.
ii. 22.] observe what David did*, 1 Sam. xxiv. 5, 7. 2 Sam. i. "and
this was imputed to him for righteousness, and to his seed
after him7." It has been proved by many examples among
you, that whoever have been [the authors] of killing their
lords, have shortly ended their own lives and been outlawed,
both in church and state8.
* Lat. Adulter. See Can. 16.

13. That the great and rich judge righteously, and accept
not the person of the rich, nor despise the poor, nor decline
from right, nor take bribes against the innocent ; but [pro
ceed] according to truth and justice ; since the prophet says,
" eJudge the thing that is right, O ye sons of men 1" Ps. lviii. 2.
Also elsewheref, Lev. xix. 15, as also" Isa. i. 17, 18; and at

[*"Non solum qui faciunt, sed iniquum est, nee injuste judicabis:
qui consentiunt facientibus, judicium 11011 stabis contra sanguinem proximi
Dei non effugiunt." 5Duo namque tui." Item ait Isaias : " Quarite
eunuchi Asuerum regem interficere judicium, subvenite oppresso, judicate
cupientes, in patibulum suspensi sunt pupillo, defendite viduam, et veniteet
6 Animadvertite quid fecerit David arguite me dicit Dominus. Si fuerint
praefecto, cum ei Dominus dixerit : peccata vestra ut coccinum, quasi nil
"Ego tradam Saul in minus tuas :" dealbabuntur; et si fuerint rubra qua'
dum invenit dormientem, et hortatus a vermiculus, ut lana albaerunL" "Item
milite ut occideret eum, dixit: " Absit alibi : Solve omnem nodum iniquiutis,
a me hoc peccatum, ut extendam ma- solve fasciculos deprimentes : deniitte
num meam in christum Domini." II- eos, qui confracti sunt, liberos, f*
lum autem militem, qui post mortem omne onus disrumpe. Tunc erumpet
ejus venit ad eum, protestans quod quasi mane lumen muni et sanitas tu
ipse occiderat Saul, capite truncavit ; citius orietur: "diccnte Domino in
7et reputatum est illi ad justitiani, et evangelio ; In quo enim judicio judi-
semini ejus post eum. Exemplis caveritis, judicabimini: mensura, q"
namque apud vos siepe probatum est, mensi fueritis, metietur vobis." "Tftc
quod quicunque intemecionis domino- vi alicui rapietis, quod suum est, "" ul
rum fuere causa, in spatio vitam finie- dictum est :" non concupisces rem
runt, et utroquc jure caruerunt W.] proximi tui, nee desiderabis uxorem
f [Item alibi " Non facies, quod ejus, non villain, non bovein, non
A. D. 785.] AT CEALCHYTHE. 275

another place'0, lviii. 6, 8. The Lord says in the Gospel",

Mat. vii. 2 ; nor shall you by violence take from another that
which belongs to him12, as it is said13, Exod. xx. 17; for the
prophet threatens, saying, "Isai. v. 8. Again, a prophet
cries, saying15, Ps. lxxxii. 4. Remember what he deserves, [Mat.xviii.
who scandalizes a little one; but he who receives one of5,6-'
these, receives Christ. May you deserve to have it said to you
at the judgment, "Come ye blessed, take possession of," &c. * [Mat- xxv-
34. J
* This is, according to the Vulgar, Ps. lvii. 1.

14. Let fraud, violence, and rapine, be abhorred, and let

not unjust tributes be imposed on the Church of God, nor
greater than those allowed by the Roman law, and the
custom of former emperors, kings, and princes, and let them
endeavour to keep themselves wholly free from this vice of
violence, who desire to keep themselves in communion with
the holy Church of Rome, and blessed Peter, the prince of
the Apostles. Let there be concord and unanimity every
where, between kings and bishops, ecclesiastics, and laymen,
and all Christian people, that the Churches of God may be at
unity in all places, and that there be peace in the one Church,
continuing in one faith, hope and charity, having one Head,
which is Christ, whose members ought to help each other,
and to love with a mutual charity, as He Himself hath saidf,
John xiii. 35.
15. All unrighteous marriage is forbidden, as also such as
are incestuous, as well with the 'handmaids of the Lord, or
other unlawful persons, as with those that are too near akin ;
as also with foreign women : and let him who does such
things be struck with the sword of anathema, unless cor
recting himself, he repent of his wicked presumption, and
correct and reclaim himself according to right law, in obe
dience to his bishop.
Nuns.

ovem, non agrum, nee omnia quae pite pauperern, et egenum de maim
illius sunt." ' Propheta namque com- peccatoris liberate." W.]
minatur, dicens : " Vas qui conjungitis [" Venite benedicti, possidete
domum ad dornum, et agrum ad paratum vobis regnum ab origine
agrum copulatis usque ad terminum mundi." W.]
loci: numquidsolivoshabitabitisinme- + ["In hoc coguoscent omnes, quia
dio terra ? In auribus meis sunt hsec mei discipuli estis, si dilectionein ha-
dicit Dominus exereituum." Is Rur. bueritis ad invicem." W.]
sum clamat propheta, dicens. " Eri-
s2
 276 LEGATINE CANONS [A, D. 785.

16. Sons of whores are deprived of lawful inheritance;

and we judge those that are born in adultery, or of nuns, to
be spurious and g illegitimate : for we do not stick to call a
virgin, that has devoted herself to God, and put on, as it
were, the garment of the holy Mary, the spouse of Christ.
Now it is manifest, in heavenly respects, as well as earthly,
that heh who takes a spouse, [from one more powerful than
himself,] shall not escape unpunished* : therefore the Apostle
says, " He that profanes the temple of God, him shall God
destroy," ' 1 Cor. iii. 17; and the same Apostle says, Eph. v.
5. f Consider whether secular inheritance be not cut off from
such by the Scripture, when it says, " The son of the bond
woman shall not be heir," &c. %, Gal. iv. 30. But an adulterer
may say, my whore is not a bondwoman, but a free. To
these we answer, with apostolical authority, " Know ye not, that
to whom ye yield yourselves servants to obey, his servants
ye are, whether of sin unto death," &c. Rom. vi. 16. There
fore we have commanded, in the words of the Apostle, that
" for the avoiding of fornication, every" layman " have his own
wife ; and every woman her own husband," 1 Cor. vii. 2, that
so they may have lawful heirs in the Lord, who may be also
heirs of God, and coheirs in Christ. Farther, as it is pre
scribed in the canon, and in the Gospel, and in the decrees
of the Apostles, concerning lawful marriages, and the ap
pointed time of 'marrying, and abstaining; we presume to
[iCor. xi. add nothing to these decrees: "If any seem to be cou-
16'-' tentious, we have no such custom," ftc.^f

Adulteros, Lat.
h Quia non poteniiorem se sponsam tvlerit, says Sir H. Spclmau's copy.
I read by conjecture, Qui a potentiore se sponsam tulerit. There is no
thing depends upon it.
1 Marrying here signifies not matrimony, properly so called, but the
conjugal act, as in Ecgbriht's Excerption 106, in the year 740. See Pope
Gregory's Answer to Augustine's 8th Question, Art. 6. By the Apo-

* [quia qui potentiorem se spon- fornicator, aut immundus, aut adulter

sam tulerit, et suo sibi earn matrimo- aut avarus non kabet luereditateni in
nio copulaverit, nunquam impunitus regno Christi et Dei." W\]
evadet. Walker, legit : quia qui a po- t [" cum filio libera." \V.]
tentiore se sponsam. W.] [" sive justitiae ad sanctifica-
1 f [Templumenim Dei sanctum est tionem." W.]
etc. et idem Apostolus: " Hoc nam- ^] [" neque ecclesia Dei." W.]
que scitote, inlelligentes, quod omnia
A.D. 785.] AT CEALCHYTHE. 277

stolical decree may be meant, 1 Cor. vii. 5. I find no prohibited times so

early as this ; I mean for the solemnity of marriage.

17. As to paying tithes, it is written in the law, "The tenth

part of all thine increase* k If thou bring thy first-fruits
into the house of the Lord"1 Again by the prophet',
" Bring ye all the tithe into the store-house," &c. Mai. iii. 10.
As a wise man says, " No man can justly give alms of what he
possesseth, unless he hath first separated to the Lord, what
he from the beginning directed to be paid to him." And on
this account it often happens, that he who does not pay
tithes is himself reduced to a tenth ; therefore we do solemnly
enjoin, that all take care to pay the tenth of all that they
possess, because that peculiarly belongs to God: and let
them live and give alms out of the nine parts ; and we advise,
that alms be given in secret, because it is written, "When thou
givest alms sound not a trumpet," &c. f Matt. vi. 2.
k Here seems to be an hiatus.

We have also forbidden usury, since the Lord says to

David, that " he shall be worthy to dwell in his tabernacle, [Ps. xv. 5.]
who hath not lent money upon usury3." And Augustine J
says, "'Who can have unjust gain, without justly deserved
loss4?" Where there is gain, there is loss: gain in the
coffers, loss in the conscience8.
1 For qui read quit; with a note of interrogation at damno.

We have also ordained that equal measure, and equal

[" Decimam partem ex omnibus malo suo ageret qui ageret Undo
frugibus tuis ' seu primitias deferas in apparet Deum hoc nolle ? Dictum est
doinum Domini Dei tui." Rursum alio loco, > ' Qui pecuniam suam non
per prophetam : " Adferte," inquit, dedit ad usuram.' Et quam detesta-
" omnem decimam in horreum meum bile sit, quam odiosum, quam execran-
ut sit cibus in domo mea; et probate dum, puto quia et ipsi foeneratores no-
me super hoc, si non aperuero vobis verunt," etc. In Psalm. xxxvi.(xxxvii.)
cataractas cceli, et effudero benedic- 26. S. Aug. Op., torn. iv. p. 285. f.
tionem usque ad abundantiam : et in- * Nemo habet injustum lucrum sine
crepabo pro vobis devorantem, qui justo damno. Verbi gratia, qui fura-
comedit et corrumpit fructum terrae tur adquirit vestem, sed cselesti judi-
Testrae ; et non erit ultra vinea sterilis cio amittit fidetn. Ubi lucrum, ibi
in agro dicit Dominus." W.] damnum ; visibiliter lucrum, invisibi-
+ [ante te, W.] liter damnum : lucrum de sua cseci-
X [" Nolo sitis fceneratores, et ideo tate, damnum de Domini nube. Serin,
nolo, quia Deus non vulL Nam si viii. ad pop. ibid., torn. v. p. 44 d. cf.
ego nolo et Deusvult, agite: Si autem 5 torn. iv. p. 1408 e.]
Deus non vult, etiamsi ego vellem [So Wilkins.]
 278 LEGATINE CANONS [A. D. 785.

weight, be enjoined to all, since Solomon says, " Diverse

weights, and diverse measures the Lord hateth," Prov. xx.
10, that is, buying by one weight and measure, and selling
by another : for God every where loves justice, " His counte
nance beholds the thing that is right."
18. That the vows of Christians be fulfilled; for by this
means the ancient patriarchs and prophets pleased God.
Abel the Just, with a faithful mind offered a vow of his
fatlings: and this was more acceptable to God, than that
of that parricide, therefore God with a fire from Himself,
consumed those acceptable holocausts, but despised what
was offered without a good mind [by Cain], who being
therefore condemned with a curse, deserved [the divine]
wrath : but the younger was crowned with a happy martyr
dom. Remember Enoch, who paid the vow that he had
made, and was translated quick in the body : so did the
righteous Noe, and he alone, with seven of his family, was
delivered from the inundation of the world. What need I
speak of Abraham, who paid all his vows and his tithes to
Melchisedech the priest ? for he triumphed over his enemies,
therefore he deserved not only to adore, but also to enter
tain with his hospitality, the Lord in Trinity, Gen. xviii. 2,
and to have a son of promise, by a woman that was ninety
years old : and he refused not to sacrifice that son of promise,
[Gen. xxi. (though the Lord had said, " In Isaac shall thy seed be called,"
, .. &c. *)' vet he certainly* trusted that his son was to live : " there-
James ii.
22,23. fore faith wrought with his works, and it was imputed to
him for righteousness, and he was called a friend of God."
Jacob vowed a vow, and he paid it. Remember m Manoe,
what he did with his daughterf, and his memory shall be
everlasting. David, when he paid his vow, charged us say
ing J, Ps. lxxvi. 11. Solomon also says , Eccl. v. 4, 5. We
therefore beseech you, that every one call to mind what be
has vowed, in prosperity or adversity, lest being again in
volved in difficulties, you deserve to have it said, n He hath
[et in semine tuo benedicentur qui aufert spiritum principum, terri-
omnes gentes terra;. W.] bili apud omnes reges terra?." W.]
f [Reeordamini Jephtlise de filia ["Salomon quoque ait cum feceris
sua, W.] votum, festina reddere illud, ne forte
J ["Vorete et pddite Domino Deo Dominus irascatur tibi." Item: "me-
vcatro, omnes qui in circuitu ejus lius est non vovere, quam votum non
sunt: aflerte nuincra terribili, et ei, reddere." W.]
A. D. 785.] AT CEALCHYTHE. 279

failed in what he promised long ago *. " According to your

hardness and impenitent heart, you treasured up wrath1," &c,
Rom. ii. 5, " therefore I will laugh at your destruction, and
mock'," &c. Prov. i. 26. We can give or promise nothing to
God hut what He first gave us : therefore the prophet being
touched with this says, Ps. cxvi. 12 ; " What shall I repay to
the Lord,rfor all that He hath given to me ?" If any one
have vowed and delayed to pay it, we are afraid that he will
not escape without vengeance, as it is said, " it is a fearful [Heb. x.
thing to fall into the hands of the living God." '*
"' I suppose he means Jephthse, Judg. xi.
" This seems to be cited as Scripture, yet I find nothing like it there.

19. That every faithful Christian take example by catholic

men : and if any pagan rite remain, let it be plucked up,
despised, and rejected. For God created man comely and
sightly, but pagans, by the instinct of the devil, scarify them
selves f, as Prudentius says,
0 Tinxit et innocuum maculis sordentibus humor X-

He seems to do an injury to the Lord, who denies and

depraves His workmanship. If any one should undergo this
blood-letting for the sake of God, he would on that account
receive great reward , but whoever does it out of heathenish
superstition, does no more advance his salvation thereby,
than the Jews do by bodily circumcision without sincere
faith.
I have not Prudentius by me, but have ventured thus to correct the
printed copy of this council, which has it thus,
Tinxit et innocuam maculis sordentibus humum 3.

* [" Quod dudum pollicitus est in interitu vestro ridebo, et subsan-

milii, mentitus est : ' ad servandam nabo, cum vobis, quod tinebatis, ad-
duritiem tuam et cor impcenitens, vencrit." W.]
thesaurizasti tibi iram in die irae, et f [cicatrices teterrimas superindux-
revelationis Justi judicii Dei. * Ideo erunt. S. W.]
% [Adam, W.
Eva columba fuit turn Candida ; nigra deinde
Facta, per anguinum malesuada fraude venenum,
Tinxit et innocuum maculis sordentibus 3 Adam.
Dat nudis ficulna draco mox tegmina victor.
Prudentii, Enchiridion,!. 14.]
[Certe si pro Deo aliquis hanc tincturse injuriam sustineret, magnam
inde remuneralionem acciperct. S. W.]
 280 LEGATINE CANONS [A.D. 7S5.

Ye wear garments like those of the Gentiles?, whom your

fathers by the help of God, drave out of the world by arms ;
a wonderful stupid thing ! to imitate the example of them
whose manners ye hate.
Are the Britons here called heathens 1

Ye also by a filthy custom, maim your horses, ye slit their

nostrils, fasten their ears together, make them deaf, cut off
their tails, ' and render yourselves hateful, in not keeping
them sound when ye may *.
We have heard also that when you have any controversy
between yourselves, ye use sorcery, after the manner of the
Gentiles, which is accounted sacrilege in these times.
Manv of vou eat horse-flesh, which is done bv none of the
q Eastern Christians ; take heed of this too. Endeavour that
all your doings be honest and done in the Lord.
See Can. 4.
20. We have directed all in general to act according to
the prophetic voice, which says, " Make no tarrying to turn
unto the Lord, and put not off from day today," Ecclus. v. 7.
And again, "Turn to the Lord with all your heart, with fast
ing, weeping, and mourning," Joel ii. 12. t And according
to the Apostle, " Confess your sins one to another, and pray
one for another, that ye may be saved," Jam. v. 16, lest death
should find any of you unprepared ; which God forbid. And
receive the Eucharist according to the judgment of the priests;
and [do penance according to] the degree of the guilt \, and
bring forth fruits worthy of repentance. For a fruitful re
pentance consists in bewailing misdeeds, and not committing
them again.
But if any man die without repentance and confession,
(which God forbid) prayers must not be made for him : for
none of us is without sin, " ' not an infant, born but a day
[i John since." As the Apostle says, " If we say we have no sin," &c.,
i.8.]
' [Et quia illos illxsos habere po- modum culpae, Eucharistiam sumite.
testis hoc nolentes cunclis odibiles S. W. i. e. let the time at which yo"
redditis. S. W.] return to communion be determined
f [Item: " Convertimini ad me et by the judgment of the priests and the
ego convertor ad vos." W. om. John- degree of the offence : Johnson's in-
son.] sertion seems uncalled for.]
I [etjuxta judicium sacerdotum, et [Si dixerimus quia peccatum non
A.D. 786.] AT CEALCHYTHE. 281

therefore since death lingers not, repent, and be converted,

that your sins may be blotted out, and that ye may deserve,
together with the holy angels, to enjoy that life that is with
out end, through Him who liveth and reigneth, for ever and
ever.
' The LXX translators have turned Job xiii. 4, 5, to this sense . Many
of the ancients take it so from them, and Clement of Rome f is the first of
these.
The legate proceeds in his letter to the pope.
We proposed these decrees, most blessed Pope Adrian, in
a public council before Alfwald the king, and Eanbald the
archbishop, and all the bishops and abbots of the country,
and the senators and dukes, and people of the land : and
they, as we before said, vowed with all devotion of mind, that
they would keep them to the utmost of their power, by the
help of the supernal mercy. And they 'confirmed their
vows with the sign of the cross, [which we held] in our
hands in your stead ; as afterwards also they did carefully,
with a ' style, put the sign of the cross to this written paper.
The meaning of this is, that they swore to observe them ; for one of
the most solemn forms of making oath in this age, was by laying hands
on a cross, holden in the hand of a bishop, or other prelate. If the cross
were consecrated the oath was esteemed the more solemn : but laying the
hand on the bishop's hand (without any cross) was thought more solemn
than swearing by an unconsecrated cross, not holden by a bishop.
t A pen made of some metal.

I Alfwald, king of the nation beyond Humber, consent,

and subscribe with the sign of the cross.
UI Dilberch [margin Tilhere] prasul of Autun }, have
gladly subscribed with the sign of the cross.
I Eanbald, by the grace of God, archbishop of the holy
Church of York, have, with the sign of the cross, sub
scribed to the pious catholic * taxation of this paper.
What a bishop of Autun ' should do in Northumberland, it is not easy
to say, unless Charles the emperor sent him, as he did Wighod, with the
legates.
habetnus, ipsi nos seducimus, et veri- f [S.Clem. R. ep. ad Cor. ii. c.
tas in vobia non est W.] 17.]
[4. TiN yap xaBaphs trrai Airi % [' Augustadensis ecelesiae, S. W.
pxnrov; a\\' obOils, 5. 'Eif ical /xla The see was Hexham, and the bishop's
ilHtpa 6 Plot ainov i-rl ttjj ttjs. Job name Tilberht. Sax. Chron., A.D.780.]
xiv. Scptuag.]
282 LEOATINE CANONS [A. D. 783.

But no regard is to be had to these subscriptions. The few names that

arc genuine are yet so spelt, that the men, if they were now alive, would
scarce own them.
* Taxation, in the language of this age, signified any censure, admo
nition, or reproof. See Spelman's Glossary*.

Then Hygwald, bishop of Lindisfarn, Edilbert (margin

Ethelbert) of Hwytern, and two more bishops, probably Scots,
subscribe. As also Gosigha, who writes himself Patricius.
Then follows,
We also, the priests and deacons of churches, and abbots
of monasteries, judges, grandees, and noblemen subscribed,
and consented unanimously, in deed and word. Lastly,
there are the names of two dukes, two abbots ; then the
legate proceeds.
After this was finished, and we had given our blessing, we
departed, taking with us the legates of the king, and arch
bishop, that is, Malwyn and Pyttel, readers, men of note,
who carried the decrees with them to the council of the
Mercians, where the glorious King Offa, with the counsellors
of the land, together with Janbyrht, the archbishop of the
holy Church of Canterbury, and the rest of the bishops of
the country were assembled. The capitula were both read
one by one, with a clear voice, in the presence of the council,
in Latin, and explained in the Teutonic tongue, that all
might understand them : they all with unanimous heart and
voice, thanking your apostleship, promised to obey your
admonitions, [and] by the divine assistance, to the best of
their power, cheerfully to keep the statutes. And farther,
according to the above written taxation, as well the king, as
great men, [and] archbishop, with his attendants, confirmed
[their promise on] the sign of the holy cross, [which we
held] in our hands, in your lordship's stead ; and afterwards
they confirmed this present paper with the holy sign.
I Janbyrht, archbishop of the holy Church of Canter
bury, have devoutly subscribed with the sign of the
holy cross.
[TturaCum Umen omnia tribu- gumma estimare, ut e Fetto liqueat;
tornm genera aspera visa sunt anti- sed etiam pro reprehenderr, carpere,
quis, et mordasia; taxarc non solum mordcre. Spelm. Gloss, p. 533.]
dicitur pro trihutum imponere, et certa
A. D. 785.] AT CEALCHYTHE. 283
I Offa, king of the Mercians, consenting to these
statutes, have readily subscribed with the sign of the
cross.
I Higibert, bishop of the Church of Lichfield, have sub
scribed with the sign of the holy cross.
Eleven other bishops subscribe, four abbots, three dukes, [Port-
sprint I
one earl. This is called a contentious synod, by the Saxon
Chronicle*, and it is commonly said, that Janbyrht, arch
bishop of Canterbury, did here resign seven dioceses of his
province, viz., Lichfield, Worcester, Leicester, Sidnachesterf,
Hereford, Helmam, and Thetford J, to be made a province to
the archbishop of Lichfield, which city King Offa resolved to
make an archbishopric, in memory of a signal victory, won
by him near to this place ; though it is said too that he
charged Janbyrht with having invited Charles the emperor
to make a descent on England, promising him all possible
assistance in Kent. But it is certain, that Ofia was now in
league with the emperor. However, it is evident, that there
is nothing in the narrative of the legates, relating to this

* [A.D.DCCLXXXV.ftnbheppajp secundi, ed. Wats. p. 979 &c.) as quoted

Serlirrulhc lino's sec Eealc-hySe, I and commented upon by Sir H. Spel-
Janbypbs; Kpcebireeop pop-let rumne man, vol. i. p. 30215.]
bsel op hip bipceopbomep, ~\ rpni Oppan f [Sidnachester (said to be Stow
cyninse J>i5ebpyht pa-p gecopen, -j near Lincoln in Camden's Britannia,
PcJvep'S CO cymnse gehaljob. Sub p. 473, 480) was made a see, A.I).
in bap nb pajpen aepend-pacen gepenb 678, having once been part of the dio
of Rome jrpam Xbpianum papain ro cese of Dorchester, near Oxford, in
JEngla-lanbe, to nipianne bone gelea- which it was again merged before the
pan -j ba pibbe, be pep Epegopiup up Conquest when Remigius removed the
penbe buph bone bipcop JCusuptinum, see from Dorchester to Lincoln. God
j hi man mid purftpcipe unbep-peng. win de praesul. Angl. episc. Lincoln,
Hoc item anno fuit litigiosa Synodus p. 280-1.]
apud Cealchythe ; et Janbyrhtus ar- X [This is a mistake for Dunwich,
chiepiscopus amisit aliquam partem arising from the words of the monk of
suae provincial. Ab Offa item rege St. Albans, as quoted by Spelman, p.
Higebrihtus electus est, et Ecgverthus 302, " Episcopi orientalium Anglorum
in regem consecratus. Is etiam tem- (viz.) Haraldus Helmamensis. Et Ted-
poribus legati missi sunt a Roma ab fordus (Donmunensis)," which are
Adriano papa in Angliam, ad renovan- an incorrect copy from William of
dam fidem ac pacem, quam sanctus Malmesbury who gives " Alheardus
Gregorius nobis mittebat per episco- Elmanensis ; Tidfrid Dommucensis."
puni Augustinum ; ii autem cum ho- The see of Dunwich in Suffolk was
nore fuerunt suscepti. Chron. Sax. ed. founded A.D. 630, and, by partition of
Gibson, p. 63-4. Compare Kemble's the diocese about 670, the see of Helm-
Saxons in England, vol. ii. p. 246. bam in Norfolk, which was translated
The remainder of the postscript is in 1070 to Thetford, but soon after
compiled from William of Malmsbury, wards all three were merged in the
De Gest. Reg., lib. i. c. 4, and Codex diocese of Norwich, ibid. Episc. Nor-
S. Albani de vita Offae Regis MS., p. wicen. p. 4237.]
153 &c. (Matthew Paris, Vita Offa?

/
 284 LEGATINE CANONS [A. D. 785.

matter. Janbyrht was so far from receiviug any diminution

of authority, in this council, that he subscribed before the
king himself, and Higibert after both, styling himself barely,
bishop of Lichfield, if any credit could be given to the sub
scriptions in Sir H. Spelman. Yet it is certain in fact, that
Janbyrht was, by Offa, deprived of the dioceses above men
tioned, and had none but London, Winchester, Sherburn,
Rochester, and Seolsey, left to his province; and that his
lands in the kingdom of Mercia were seized by the king : it
is possible that this project was started in this council, be
tween the king and English bishops, either before the legates
entered, or rather, after they had left it. The legates, pro
bably, having no commission to hear this matter, refused to
meddle with it. However it were, Offa certainly carried his
cause at Rome, and that by dint of money, as the writer of
his life freely confesses. And it is not to be wondered that
a king so addicted to the pope, should prevail against the
archbishop, in this or any other point : for he granted to the
pope, a penny by the year, from every fire-hearth in his
kingdom ; as Ine is said to have done about sixty years be
fore, for the kingdom of the West-Saxons. And it is ob
servable that no kings have treated their bishops and clergy
more harshly, than they who have expressed the greatest
devotion to the see of Rome. And the occasion of granting
the Peter-pence is reputed by Polydore Virgil, to be this,
that he had some time before barbarously murdered Ethel-
bert, king of the East-Angles, and to lighten his penance,
gave this tribute to the pope, or rather to the English school
at Rome : for this seems to have been Offa's intention,
though the Romanists would have it thought, that by this
grant he and his successors became tributaries to the pope.
Yet Higibert could not procure a confirmation of his metro-
political authority ; but his successor Aldulf did. And though
Janbyrht is said to have resigned six of his dioceses ; yet I
think it is allowed, that he did all he could to recover them.
And King Offa and Pope Adrian dying in the same year,
viz., 794, his successor Athelard did effectually procure a
restitution of King Kenulf, and Pope Leo III., within a few
years, as appears by what follows.
[Addends.] [Higebert did not survive this council much above one year; before be
A. D. 785.] AT CEAIXHYTHE. 285

obtained a settlement of the primacy at Lichfield he certainly died. But

Aldulf his successor had the primacy over six dioceses besides his own,
confirmed to him by the king and pope, which he enjoyed eight or nine
years. Yet the monk of St. Albans raises Higebert from the dead seven
years after this, and makes him present at the council of Verulam, in the
figure of an archbishop, with two of his suffragans, though he changes
his name to Humbert . As we have sufficient proof that this is false
history, so it were much to be wished that what follows were so too ; viz.,
that King Offa was by his great secular men, as well as by his bishops,
advised to go to Rome, in order to procure the pope's consent and autho
rity for founding and endowing the monastery of St. Albans. He was
certainly driven thither by the sting of his own conscience, for the mur
der and rapine which he had committed, and for which he hoped to find
a more effectual cure at Rome than he could in England : for he was
possessed with the disease of the age, a superstitious devotion to the see
of Rome ; and the great men, as well as bishops, soothed the dotage of
their king. However, he is said to have obtained the privilege from the
pope, that no Englishman should be obliged to go in pilgrimage to Rome
by way of penance for his crimes, that is, as I take it, by going to the
monasteries of Peterburgh, or St. Albans, they were discharged from all
obligations to travel to the " limina apostolica." Yet Charles the Great,
now emperor, in his letter to this king (which he scarce lived to receive)
promises protection to English pilgrims going through his dominions to
wards Rome. This must have been written in the year 794. For the
emperor mentions Pope Adrian's death, and says he had sent a dalmatic
to every bishop in England, and a present to each metropolitan, to induce
them to pray for the soul of Adrian, which yet, he doubted not, was
happy, and at rest. Sir H. Spelman, vol. i. p. 309315.]

[The difficulty as to the succes- 112043) ; ' Vocabatur autem epi-

sion in the see of Lichfield at this scopus, Lichefeldensis Aldulphus,' De
time (Godwin de prassulibns, p. 310 ; gest. reg., lib. i. c. 4. p. 30, and in his
Wharton. Anglia Sacra, torn. i. p. 429, list of Lichfield bishops, ' Aldulf qui
430, note,) is satisfactorily solved by tempore Oflce regis accepit pallium.'
comparing the Saxon Chronicle, AD. De gest. pont., lib. iv. p. 288. Matthew
785, with the genuine cotemporary Paris, ' the monk of St. Albans,'
charters in Kemble's Codex. Hence (ob. A.D. 1259) adopting this mis-
we learn (see next note) that Hyge- take gives ' Kaldulph' as the name
bert was the only archbishop of Lich- of the archbishop of Lichfield ap-
field, that he held that office about pointed by King Offa and Pope Ha-
eleven years beginning A.D. 788 or (Irian, but supposes him soon to have
sooner, and ending 799, and that he died, because he found in his own mo-
was succeeded in the bishopric of Lich- nastery authentic records of Hygebert
field, by Aldulf. Whatever therefore or ' Humbert,' as he calls him, arch-
may be the general accuracy of William bishop of Lichfield: ' Iste Humbertus
of Malmesbury's account of the par- magna; sanctitatis vir fuit, literature
tition of the archbishopric of Canter- et prudentiiE SEecularis, Regis Capel-
bury, by King Offa and Pope Hadrian, lanus, conscius ejusdem secretorum,
there can be little doubt that he was et confessor atque morum informator.
mistaken in the name when, without Vita Offa II., p. 979.]
mention of Hygebert, he wrote (A.D.
 A.D. DCCXCVI.

ATHELARD'S CONFIRMATION OF PRIVILEGES.

Preface.

Athelard had now, for several years been archbishop of

Canterbury, but it was not to be expected that he should
recover the sees, which King Offa and Pope Adrian had lopped
off from his province, so long as they lived : they both died
in the year 794. But the wars between the kingdoms of
Mercia and Kent, which soon followed, were an obstruction
to the reunion of the province, when Kenulf had obtained the
sovereignty of Kent, by taking Pren prisoner, both he and
Athelard wrote to the new Pope Leo III., upon this affair :
yet it appears by the pope's answer, that the king was in
clined to make London the metropolis ; but the pope declares
for Canterbury* : this letter was, I suppose, written at the
[The remainder of this preface p. 324, 5, Wilkins, p. 167, 8, Cod.
and the document it introduces may Dipl., No. 1024) signed by the arch
easily be seen by the help of later bishop, with twelve bishops, and twenty-
researches to be of no value. Charters five abbots, as a distinct act from the
at this time were usually in the Latin settlement of the primacy at Canter
language, as is clear from the first bury ou the same day. In the Ad
volume of the Codex Diplomaticus denda at the end of this volume are
eevi S&xonici by Mr.Kemble ; and the the Latin charters of King Wihtred,
passage here given as Athelard's con A.D. 6924, King Ethelbald, A.D.
firmation of privileges is shewn by 742, and of Archbishop Athelard, A.D.
Dr. Ingram, in his edition of the Saxon 798 (?) and 803, from which the cor
Chronicle (A.D. 796, p. 82, note k, responding documents translated by
p. 83, note a,) to be a Norman inter Johnson, are abridged probably more
polation. The decree of Athelard at for the information of those to whom
the council of Bapchild, A.D. 798, the originals were inaccessible, than
Spelman, vol. i. p. 317, Wilkins, vol. for any fraudulent purpose. 1*
i. p. 162, presents difficulties in the Saxon Chronicle, before the interpola
names as well as the number of the tion, mentions the decease of Eanbald,
subscribing bishops, and is given with archbishop of York, and the consecra
a mark of doubt Cod. Dipl., No. 1018; tion of a successor of the same nanie ;
but the passage in the Saxon Chroni but even if the latter were proved to
cle, A.D. 796, where there is no men be the same with " Eadulfus Eboracen-
tion of the place of the synod, was sis humilisepiscopus," whose profess*00
clearly inserted by one who had some of obedience to Archbishop Athelard
knowledge of a like decree of Athelard given in Wharton's Angiia Sacra, too.
respecting monasteries at the council i. p. 78, no argument could be thence
of Cloves-hoo, A.D. 803, (Spelman, drawn for the authenticity of the de-
 PREPACK. 287

beginning of this year 796, and it is probable, that at the

same time he sent a letter to the archbishop, intimating the

cree in the Chronicle, or for placing reg. Angl., lib. i. c. 4, p. 33.

the council of Bacanchild or Bapchild, A.D. 797, (Epist. LX ad Athelar-
held by King Cenwulf and Archbishop dum, Alcuini Op., torn. i. p. 79, quoted
Athelard, in A.D. 796. Wilkins, vol. i. p. 159.) Not only was
To give a connected view of this the province of Canterbury at this
passage of history would be a work of time dismembered, but Archbishop
much difficulty, but a few dates and Athelard had been driven from his
facts may be set down with some de see. Circumstances however seemed
gree of certainty. now to favour his efTorts for the re
A.D. 785, (Saxon Chron. ed. In covery of his rights. Eanbald the
gram, p. 78. Kemble's Saxons in second, the new archbishop of York,
England, vol. ii. p. 2+6.) In this year according to the Saxon Chronicle, this
was held the stormy synod of Ceal- year received the pall. He was the
chyth, where part of the province was disciple of Alcuin, who exhorted the
wrested from Janberht, by King Offa, two archbishops to take counsel toge
and given to Hygebert, who was styled ther for the restoration of the see of
* archbishop' jointly with Janberht for Canterbury to its former dignity, and
several years, that is from A.D. 788 to also wrote to the men of Canterbury to
799. That this, as stated by Collier,( Eccl. recall Athelard. (Ep. LIX.,ad gentem
Hist, vol. i. p. 13')) was a partition, et populum Cantuariorum, Alcuini
not a translation of the archbishopric, Op., torn. i. p. 78.) The cause was
is clear from the following words in a warmly espoused by King Cenwulf,
charter at the same place four years who wrote more than once on behalf
later, " Anno dominice incarnationis of Athelard to Pope Leo III., to whom
DCC LXXX Villi", indictione also a letter was addressed by the
vero XII. qui est annus XXXI. bishops of England, stating the suc
regni Offan strenuissimi Merc, regis cession of the archbishops of Canter
factum est pontificale conciliabulum in bury from the time of St Augustin.
loco famoso qui dicitur Celcyth presi- Wilkins, vol. i. p. 1636.
dentibus duobus archiepiscopis Jan- A.D. 798. Archbishop Athelard pro
berhto scilicet et Hygberhto mediante bably held a council at Bacanceld, Bap
quoque Oflan rege cum universis prin- child in Kent, and another at Cloves-
cipibus suis. Cod. Dipl., No. 156. hoo. See this year in Addenda, and
See also subscriptions, No. 152, 3, 5, Kemble's Saxons in England, vol. ii.
7; 164,5, 7; 175; 1020. p. 247.
A.D. 790. (Sax. Chron.) " Janberht A.D. 799. (Sax. Chron.) "Arch
archbishop died and the same year bishop Athelard went to Rome
was Athelard abbot chosen arch with Cynebriht, bishop of the West
bishop," but consecrated (Godwin de Saxons." The success of his journey
praesul., p. 46, note a, ) three years later. is recorded in the letter of Pope Leo to
A.D. 794. (Sax. Chron.) Pope Had King Cenwulf, (Will. Malm. De gest
rian died, as also King Offa, whose son Reg., lib. i. c. 4.) This is the last
Ecgferth, (elected king nine years be year in which Hygeberht signs with
fore) took the government of the Mer the title of archbishop, (Cod. Dipl.
cians, but only survived his father No. 1020,) and in this year King Cen
about a year. Eadberht, whose other wulf (ibid., No. 1021,) formally recog
name was Pren, seized the sovereignty nises A thelard as primate of all Britain,
of Kent. in a charter by which he restores lands
A.D. 796. (Sax. Chron.) Cenwulf, taken from the Church of Canterbury
now king of Mercia invaded Kent, and by King Offa.
took prisoner Eadberht Pren, whom he A.D. 801. In a synod at Cealchythe,
led bound to Mercia, but soon after set (Cod. Dipl., No. 1023,) Hygebert
free at the dedication of the church of signs with the title of ' bishop,' but
Winchelcumbe, without however re still takes precedence of Archbishop
storation of power, Cuthred being ap Athelard.
pointed king of Kent. Compare Sax. A.D. 803. The synod at Cloves-hoo
Chron. ed. Ingram, p. 32, note 1, with which lasted from the ninth till the
Lappenburg's Hist, vol. i. p. 239, twelfth of October. See Addenda, and
notes 1, 2, also Will. Malm. De gest Kemble's Saxons in England, vol. ii.
288 PREFACE.

same resolution, and containing also his directions for calling

a council, and passing such a decree as here follows. It
should appear that Aldulf of Lichfield found the king and
Athelard, so firm in their resolutions, and so successful in
their negotiations with the pope, that he made no opposition :
for he saw himself under a necessity of submission, and there
fore attended Athelard in his council at Becanceld, and sub
scribed the decree proposed there by the pope's command ;
for without him, twelve bishops were not to be had in this
province.
But though the pope had declared for restoring the dis
membered dioceses to the archbisbop of Canterbury, yet it
was three years before this was done in form. Athelard must
pay his attendance on the pope at Rome, and his fees to the
old gentleman and his courtiers, before the business could be
accomplished : and it is not improbable, that the pope deferred
the final dispatch of this affair, till the arrearage of his an
nuity of three hundred and sixty-five marks, which King Offa
had promised from himself, and his heirs, was fully dis
charged : for he reminds King Kenulf of this debt, in his let
ter before hinted, (Angl. Sac, torn. i. p. 460.) And though
this was not brought to perfection till the year seven hundred
and ninety-nine yet it was looked upon to be as sure, as if it had
actually been done, from the time of the pope's answer to the
king's first letter. Not only the bishop of Lichfield obeyed
Athelard's summons to Becanceld; but the new archbishop
of York made profession of obedience to him : and this must
have been this same year, for there was no other succession
in the see of York, while Athelard was archbishop of Canter
bury, but that only in the year seven hundred and ninety-six.
See the profession, Angl. Sax., torn. i. p. 78, and the suc
cession, Sax. Chron. 796. Sir H. Spelman's copy of this
council is certainly spurious : for it makes seventeen bishops

p. 248. On the day last named, was resigned his see and become an abbot
signed the decree for the settlement of in his former diocese,
the primacy at Canterbury, and also Shortly after this council of Cloves-
the decree (de Kbertatibus ecclesiarum ) hoo, in the same year according to the
relating to monasteries. From the Saxon Chronicle, or A.D. 805, accord-
signature ' Hygebert Ab.' immediately irig to Kemble's Codex, (No. 189, 200,)
after that of Aldulf, bishop of Lich- archbishop Athelard died and was suc-
field, we may perhaps infer that be- ceeded by Wulfred.
tween the last two dates Hygebert had
 PREFACE. 289

subscribers ; and there were not so many now in England y.

But he observes, that the place of the council in one MS. is
written Bacanchilde ; which brings it nearer to the present
Bapchild.
' [Unless you will take in Wittern in the shire of Galloway in Scot- [Addenda.]
land, which was then a bishop's see, but belonged to the kingdom of
Northumberland.]
 A.D. DCCXCVI.

Saxon. Athelard, archbishop of Canterbury, caused a synod to

ph^n' sit, and '.verified and confirmed by command of Pope Leo,
[Wiikins, whatever had been constituted in the days of ^Wihtred, or of
158.] P other kings, in behalf of God's ministers ; and thus he pro
nounced :

' I read getpioppiob .

* Sax. UJihtjapej-, by mistake. I suppose f.

I Athelard, the humble archbishop of Canterbury, with

the unanimous advice of the whole synod, and of all the con
gregations of all the ministers, that have had liberties granted
them by faithful men in ancient times, do command, in God's
name, and by His tremendous judgment, as I am enjoined to
do by Pope Leo, that from henceforth none of the b laity do
presumptuously choose to themselves lords over God's heri
tage J ; but that all things belonging to God's holy ministers
do remain inviolate, without contradiction, according to what
is contained in the charter granted by the pope, or ordained
by the holy men that were our fathers and teachers. If
there be any man who refuseth to keep this commandment
of God, and of our pope, and of us, and despises and sets it
at nought, let them know that they shall give account
thereof before God's judgment-seat. And I Athelard, with

[setjiybe, ' stabilivit,' Gibson; J [Rather, "that henceforth none

' ratified,' Ingram.] presumptuously choose to themselves
+ [Doubtless the ' Norman inter- lords from the laity over God's hen-
polator' (Sax. Chron. ed. Ingram, p. tage," as is clear from the Anglo-
82, notes k and 1.) here refers to King Saxon and Bp. Gibson's translation,
Wihtred's 'Grantof privileges,' at Bac- i> heouon.jrop'5 nan ne bypjtlsece cto-
cauceld, A.D. 6924, (see above pp. fan him hlajropbap of la?peban niannan
1258,) which is specially mentioned ouep IVober eprpyp'SnJ'rre. ne ^el1*
and confirmed in King Ethelbald's ceps aliquis audeat sibi eligere domi-
grant, A.D. 742, (see above p. 238.) nos ex laicis hominibus super Dei
The originals of both these grants will haereditatem.Chron. Sax. ed. Gibson,
be found under their respective dates p. 67,1. 15. Compare A.D. 798 ano
in the Addenda at the end of this 803 in Addenda.]
volume.]
A. D. 796.] athelard's confirmation op privileges. 291
twelve bishops and twenty-three abbots, do establish and
confirm the same with the sign of Christ's cross.
b This, perhaps, may imply a condemnation of King Offa, for erecting a
new archbishopric, but it is no direct condemnation of Aldulf. I am in
clined to think, that one point here aimed at was to deprive laymen of
the power they had, in making themselves or others, that were not in
orders, governors of religious houses. This formerly was a practice very
rife in England, but I do not remember any mention of it after this.

r2
 A.D. DCCCIII.

THE FINAL SETTLEMENT OF THE PRIMACY AT

CANTERBURY.

Preface.

He that considers human nature, will not wonder, that

though Aldulf of Lichfield, seeing the stream of authority,
both ecclesiastical and civil, run so strong against him, ceased
to act as a metropolitan, nay, behaved himself as a mere
suffragan to Canterbury, yet could not be brought, in less
than seven years' time, utterly and expressly to cancel and
annul his pretensions to primacy. Alcuin had desired
Athelard to connive at Aldulf's exercising his primacy
during life*; but Athelard did not accept this advice;
but desired to see a reunion of his own province fully
settled; and by the year 803, had worked Aldulf into a
compliance, and therefore was willing to meet him half way,
at Cloves-hoo, now Abbindon, in order to clinch the reunion
in a provincial council. They who suppose Clift, in the
hundred of Hoo and diocese of Rochester, to have been the
place of congress, must allow that this was a very hard
penance enjoined by the archbishop, not only to his old rival
Aldulf, but to all the comprovincials ; for there is not a more
unhealthy spot in the whole province, I may say in all
Christendom, especially in the autumnal season ; (and both
[Alcuin does not mention the name esse cum consilio omnium sacerdo-
Aldulf, and his words in his letter to turn Christi, et coepiscopi Eboracensis
Athelard are quite consistent with the Ecclesise deliberare; ita tamen, ut pa-
evidence of the Saxon Chronicle and ter pius pallio diebus suis non exua-
cotemporary charters, (see above,) to tur, licet ordinatio episcoporum ad
the effect that Hygebert was the only sanctam et primam sedem recurrat
archbishop of Lichfield; " Et ut Ec- Haec omnia tua sanctissima sapientia
clesiae unitas, quae partim discissa est consideret, ut caritatis concordia fist,
non rationabili, ut videtur, considera- inter primes pastores ecclesiarum
tione, sed quadam potestatis cupidi- Christi."Ep. ad Athelardum, A.D.
tate, si fieri possit, pacifice adunetur, 797 j Alcuini Op., torn. i. p. 80 j Wil-
et scissio resarciatur, bonum videtur kins, vol. ii. p. 160.]
 PREFACE. 293

copies agree that this synod was held in October.) And it

was Athelard's part to take all measures that were obliging,
both to Aldulf and the rest of his brethren0.
c [I find some worthy gentlemen still of opinion, that Cliff (so it should [Addenda.]
be spelt) in the hundred of Hoo, was not unhealthy in the age when
these councils are reported to have assembled at Cloves-hoo. For the
cause of the present unwholesomeness of the air, they justly conceive to
have been the recess of the sea from that coast, which they suppose to
have happened several ages after. But the Text. Roff. contains a demon
strative confutation of this supposition. For therein is contained a dona
tion of Ecgbert (some write him Egfert) king of Kent, bearing date 778,
by which he grants a place called Bromhege to the church of St. Andrew's,
Rochester ; and Bromhege is there bounded " on Eastan Clift-wara gcmsor,
on Westan Culinga gcmiEr ;" and this Bromhege itself is said there to be
aqua pene undique circumperfusa. Janbert, archbishop, is witness to this
donation. The next year the same king makes an addition to this dona
tion, and thus describes it. Bromhege, ante a me traditat adjiciam maris-
cam pertinentem ad aridam, et ad aqua ripam Jaenlade habentem qvasi
quinquaginta juyerum. It is therefore indisputable that the sea had
made its recess from this shore in the eighth century, and that Cliff had
the marshes near it then, as at present, and was therefore altogether unfit
for a stated place of synod. As Cliff in Hoo was never a place of great
note itself, so it lies, and ever did lie, out of the road to any place of note.
It is indeed a parish most singularly exempt ; for the incumbent is the
archbishop'B immediate surrogate. But the reader may satisfy himself
that this is no proof that Cliff was for this reason a notable place, by
looking into a rescript of Walter Reynolds, archbishop of Canterbury,
dated 1317, (in Somner's Antiq. of Cant., p. 354.) For by this it appears
that the rectors of eighteen churches, fourteen of which lay in the diocese
of Canterbury, had the exercise of all spiritual jurisdiction within their
several parishes, till the archbishop by that rescript extinguished their
privileges. And as none of the parishes there mentioned were places at
that time eminently remarkable, except Maidstone, so 6ome of them, as
Monkton, Adisham, Ickhain, Westwell, Woodchurch, Wittersham, are as
private and unresorted places as most in the diocese. I am persuaded
that whoever considers the occasions of the several synods held at Clofes-
hoo, and the persons there present, will discern sufficient cause to believe
that all these councils were held in Mercia. It seems probable that this
town lost its old name upon occasion of the abbey or monastery's growing
so famous as it did in the age after this ; for no one can doubt but the
present name was taken from the abbey. The first memorial in which I
find this place called Abindon, is the remains of the council of Kirtling-
ton, held 977, for re-establishing the monks at Abindon, and to give leave
to people to go in pilgrimage thither. Sideman, bishop of Kirton, in
Devonshire, died at this council, and was buried at Abbindon, by King
Edward and Archbishop Dunstan's order, though he had desired to be laid
294 TREFACE.

in his own church. Spelm., p. 493. Clofes-hoo is a name that occurs not
after this time *.

I always suspected the copy of this council of Cloves-hoo,

as published by Spelman, to be spurious ; not only because
Wermund of Rochester, who died the year before the date of
it, is made a subscriber, and because what was done seven
years before at Becanceld is represented as done here again
at Cloves-hoo ; but because I could find no reason, from the
acts of this council, as printed in vol. i. p. 324 of Spelman,
why the final settlement of the primacy at Canterbury, to
which the pope had given consent seven years before,
should be deferred till the year 803; therefore I had
omitted it in my collectionf. But a learned gentleman
who knew something of the design I had in hand, sent me a
copy of this council, as he accidentally found it in the Cotton
library, which answers all these objections J. For the name
of Wermund is not among the subscriptions, nor the decree
at Becanceld in the acts : and it contains a direct and abso

[Cloves-hoo is supposed to be in the government of monasteries, com

Abingdon by Somner, (Diet., art Ab- plained of in the time of liede and Ecg-
bandune,) and Gibson, (Chron. Sax. briht, (see above p. 16S,) and was signed
nom. loc. cxpl., p. 20, 21,) who rests by Archbishop Athelard with his twelve
the conjecture upon the description of suffragans, and also by the abbots and
Seovescham, afterwards called Abing many of the clergy in the several dio
don, in a chartulary of the monastery ceses. It is drawn up in words very
at that place. See Dugd. Monast., toI. like the doubtful decree at Becanceld,
i. p. 512.] A.D. 798, but will be found to bear a
f [A confusion is here made between different sense. The decree of Becan
two distinct documents given by Spel celd forbad laymen to take the rule
man, neither of which can properly be over churches ; but the decree t
called spurious or fraudulent. The Cloves-hoo, which Johnson here con
one is a mere abstract of the * Settle founds with it, is addressed more direct
ment of the primacy at Canterbury,' ly to monasteries, and forbids them to
A.D. 803, Oct. 12, without the sig elect for themselves lay rulers. The
natures, and contains nothing which is name of ' Weremund, bishop' occurs in
not in the original in Cotton MS. Aug. another undoubted charter dated Cloves-
11, 56, which is here translated and hoo, Oct. 6, while in this of Oct. 12 we
fully appreciated by Johnson, and is meet with the name of ' Beornmod,
printed at length, Wilkins, vol. i. p. priest' in the diocese of Canterbury.
166, and in Kemble's Codex, No. 185 : It may therefore be inferred that
the other is the ' Decretum Adelardi Weremund, bishop of Rochester, a
Archiepiscopi de libertate ecclesiarum,' still alive, but the reason of his no*
on the same day, which is also given signing the ' Settlement of the primacy
next in order in Wilkins's Concilia, at Canterbury' must be left to con
and is very carefully printed by Mr. jecture.]
Kemble as a genuine document, ' de X [" b\ Mr. George Smith who was
serving the highest attention.' See at this time employed in publishing
Addenda, A. D. 803 ; and Kemble's Bede, nnd lias printed this council jus'
Saxons in England, vol. ii. p 248. This as it is in MS. Cott., in append. N.
decree seems intended to remedy abuses XXVII." MS. note, Wranghani.]
 PREPACE. 295

lute abolition and annihilation of the primacy assumed by

Aldulf at Lichfield, and so affords us a sufficient reason, why
the final settlement of this affair was so long deferred, viz.,
because it was so hard to bring Aldulf to a renunciation of
the privileges of his see, granted by the former king and
pope. It may seem strange that twelve bishops should be
mentioned in the body of the council, and yet but eleven
names of bishops should actually be subscribed; but this
difficulty will vanish upon this rational supposition, viz., that
this copy was taken upon the spot by Beornmod, now
bishop of Rochester, who thought it needless to subscribe his
own name to a paper taken for the information of his own
private memory. It would be no great difficulty to account
for the confusion made by the monk, from whose copy Sir
H. Spelman published his edition of this council. I think it
sufficient to have shewed the reasons why that seems not
genuine, and why this does. And it is some satisfaction to
me, that I can gratify my reader with so considerable a
monument of antiquity as this, by which the primacy of the
whole province was finally fixed at Canterbury.
 A.D. DCCCIII.

Latin. Glory to God on high, peace on earth to men of good

Au 1 1 j6_ will. We know (what is notorious, but what seems not at
Sir H. ali pleasing to many who dwell in the nation of the English,
vol. i. p. ' that faithfully trust in God) that Offa, king of the Merciaus,
V- in the days of Janbert, archbishop, presumed by very indirect
vol. i. p. practices to divide, and cut in sunder the honour and unity
J of the see of our father St. Augustin, in the city of Canter
bury ; and how after the death of the said pontiff, archbishop
Athelard his successor, by the gift of divine grace, after
several years happened to visit the apostolical thresholds,
and Leo, the blessed pope of the apostolical see, in behalf of
many rights belonging to the churches of God. He among
other necessary negotiations did also declare, that the parti
tion of the archiepiscopal see had been unjustly made : and
the apostolical pope, so soon as he heard and understood that
it was unjustly done, presently ordered an authoritative pre
cept of privilege, as from himself, and sent it into Britain,
and charged that an entire restitution of honour should be
made to the see of St. Augustin, with all the parishes belong
ing to it, according as St. Gregory, the apostle and master
of our nation, settled it, and that it should in all respects be
restored to the honourable archbishop Athelard, when he
returned into his country. And Kenulf, the pious king of
the Mercians, brought it to pass.
1 . And in the year of our Lord's iucarnation 803, indic-
tion the eleventh, on 4 id. of October, I Athelard, arch
bishop, with all the twelve bishops subject to the holy see of
the blessed Augustin, in a synod which was held by the
apostolical precepts of the lord pope Leo, in a famous place
called Cloves-hoo, with the unanimous consent of the whole
sacred synod, in the name of almighty God, and of all His
saints, and by His tremendous judgment, we charge that
neither kings, nor bishops, nor princes, nor any men who
abuse their power, do ever presume to diminish or divide,
as to the least particle, the honour of St. Augustin, and of
his holy see : but that it always remain most fully, in all
A.D. 803.] THE SETTLEMENT OF THE PRIMACY, &C. 297

respects, in the same honourable state of dignity as it now

is, by the constitution of the blessed Gregory, and by the
privileges of his apostolical successors, and as appears to be
right by the sanctions of the holy canons.
2. And now, by the help of God, and of the apostolical
lord pope Leo, I Athelard, archbishop, and other our fellow
bishops, and all the dignitaries of our synod with us, do
unanimously confirm the primacy of the holy see, with the
standard of the cross of Christ. And we give this in charge,
and sign it with the sign of the cross, that the see archiepis-
copal from this time forward never be in the monastery of
Lichfield, nor in any other place but the city of Canterbury,
where Christ's church is, and where the catholic faith first
shone forth in this island, and where holy baptism [was]
first celebrated by St. Augustin. Further also, we do by
consent and license of our apostolical lord pope Leo, d for
bid the charter sent from the see of Rome by Pope Adrian,
and the pall, and the see archiepiscopal in the monastery of
Lichfield, to be of any validity, because gotten by surreption,
and unsincere suggestions. Therefore we ordain, by canoni
cal and apostolical monuments, with the manifest signs of
the celestial King, that the primacy of the monarchy do re
main where the holy Gospel of Christ was first preached by
the holy father Augustin in the province of the English, and
was from thence, by the grace of the Holy Spirit, widely
diffused.
But if any dare to rend Christ's garment, and to divide the
unity of the holy Church of God, contrary to the apostolical
precept, and all ours, let him know that he is eternally
damned, unless he make due satisfaction for what he has
wickedly done, contrary to the canons.
* Lat. Pfiescribimus aliquid valere. If the verb will not bear this
version, then noa must be added.

These are the names of the holy bishops and abbots who
confirmed the above-written charter, in hand-writing, at the
synod which was at Cloves-hoo, with the sign of the cross,
in the year of our Lord's advent 803.
N.B. The names here stand as in the Cotton MS. The
number next following each name, shews the order in
298 SETTLEMENT OF THE [A. D. 803.

which it stands in the copy of Sir H. Spelman. Where there

is any considerable variation in the spelling, the name accord
ing to Sir H. Spelman's spelling is added immediately after
the number ; and after that the see to which every bishop
belonged. Which is only in Sir H. Spelman's copy *.
Aethelheardus, 1. Athelheardus, Archiep. gratia Do
mini Dorobernensis Civitatis, signum Stae Crucis
8ubscripsi.
Alduulfus, 2. Lychelfeldensis Ecclesiae Episc. signum
Crucis subscripsi.
UUerenberhtus, 3. Legorensis Civitatis Episc. &c.
Alcheardus, 9. Elmhamis Ecclesiae Episc. &c.
Huuigerhtus, 7. Wigberht Sciraburnensis Civitatis
Episc. &c.
Alhmundus, 8. Wintanae Civitatis Episc. &c.
Osmundus, 11. Lundonensis Civitatis Episc. &c.
Eadulfus, 4. Syddensis Civitatis Episc. &c.
Deneberhtus, 5. Dasnebreht, Wegorarensis Civitat.
Episc. &c.
UUihthunus, 13. Weohthun, Seolesegiae Ecclesiae
Episc. &c.
Tidfrithus, 10. Dammacae Civitatis Episc. &c. (Fidfr.
in Sir H. Spelman is a slip of the Press.)
UUlfheardus, 6. Herefordensis Civitatis Episc. &c.
12. Wsermund,Hrofensis Civitatis Episc. &c.

Four priest-abbots are added in the Cott. MS. In Sir H.

Spelman, there are several abbots and priests, and some dea
cons, subscribe after every bishop. But I take this singularity
to be only the garnish of the monk who drew those false pieces.
There are four priest-abbots subscribers in the Cott. MS.
All these are put in the same paragraph with Werenbert,
bishop of Leicester, in Sir H. Spelman. For Beomia in Sir
H. Spelman, is only a mistake for Beonna, as it is in the
Cott. MS. Though I omit the names of the abbots as of no
use, yet I thought proper to give the name of the sees and
bishops, for though the acts of this council, as published by
Sir H. Spelman, are not genuine; yet the reader will scarce
[As in the preface so in this post- two distinct documents. Sec al>ovc p.
script, a confusion is made between 294 , note f . and Addenda A. D. 803. J
 A.D. 803.] PRIMACY AT CANTERBURY. 299

meet with a better list of the sees, as they were in this age.
Alheard's see was Elmham in Norfolk, Wigbert's was Shir-
burn in Dorsetshire ; Eadulf's was Sidnachester, or Hatfield*,
in Lincolnshire, (I think ;) Denebert's was Worcester ; Wib-
thun's was Seolsey in Sussex; Tidfrith's was Dumoc, or
Dunwich, in Suffolk. The rest are obvious.
The scribe of Sir H. Spelman's copy put the date after
the subscriptions, contrary to the common form. But the
date itself is the same with that in the Cott. MS. 4 id.
Oct. 803.
There is another act of this council, or rather of a com- [Wiikins,
mittee of it, extant in Sir H. Spelman, p. 326, whereby the "iSs/cod.
bishop of Worcester has two half procurations granted him Dipl. No.
every other year, in two monasteries, which the bishop of
Hereford alleged to be situate in his diocese. Another
controversy was here determined, between Werenbert, the
bishop of Mid-England, above styled the bishop of Leicester,
and Eadulf, bishop of Hatfield t, above called Syddensis, Ep.
Another between Wigbert of Shirburn, and Almund of Win-
ton. The archbishop and seven bishops subscribe. A memo
rial of the first of these acts was entered into a book of the
church of Worcester J : and this is a standing proof that a
council was held at Cloves-hoo, and at the date above men
tioned. See Sir H. Spelman, vol. i. p. 327.
A half procuration (pastus, in the Latin) was, I conceive,
entertainment for the day only : a whole procuration, for the
day and night too, for the bishop and all his retinue.
[Eadulf was bishop of Sidna- in hoc concilio corroborate, viz.fol. 23.
Chester, which was certainly in Lincoln- j^Sthelheard Archiepiscopus, Aldulph,
shire, and was probably Stow, near Werenberht, Eadulf, Dcneberht, Al-
Lincoln, (see above p. 283 note f), but heard, Tidferth, Wigberht, Episcopi
the mention of Hatfield in this place subscripserunt at Clofeshoum, Anno
seems to be a mistake arising from the 803. Indictione xi. Anno 7. Cenwulti
words ' Adulfus Hatfeldensis prassul' Regis Merciorum, die 4 Iduuni Octo-
in the abridged charter ; Spelman, p. brium, feria 5. Spelui. Cone, vol. i.
326, quoted below, for which the origi- p. 327. This memorandum agrees
nal document, as printed in Cod. Dipl. fully with the signatures and date of
No. 18-t, has ' Aldulfus Licetfeldensis the charter last quoted, as printed at
prasul.'j length Cod. Dipl. No. 184, from MS.
f [See last note.] Cott. Tib. A. xiii. f. 22, b ; but in the
j [The words of Sir H. Spelman's abstract of the same charter, Spelman,
note are, Reperin inter analecla plurima p. 326, Wilkins, p. 168, the order of
libri ecrUsia Wigornemit heme notam e the names is changed and the day of
charta quadam donationit eidem ecclcsia the mouth and week is omitted.]
 A.D. DCCCXVI.

WULFRED'S CANONS AT CEALCHYTHE.

Latin. In the reign and government of our Lord Jesus Christ,

Sir H. who disposes of the world in equity, whose power penetrates
Spelman,
vol. i. p. through heaven and earth, and every creature, and who does
327 and determines every tiling, above and below, at the com
[ Wilkins,
vo!. i. p. mand of His Father, and by the grace of the Holy Spirit, and
169 .]
in the year of our Lord's incarnation, 816, the ninth of the
indiction, by the Lord's permission this synod was assembled
on the sixth day before the cal. of August, at a famous
place, called Celichyth, Wulfred the archbishop presiding,
and the other southern bishops of the English sitting by ;
that is, Beornmod of the church of Rochester, Ethelwulf of
Selesege, Wigthign, and Wigbert of the West- Saxons, Dsene-
berht of the Wiccians, also Wulfheard the prelate of Hereford,
together with Heremmius t and Rathunus, the most reverend
bishops of the Mercians ; and moreover Eadulf of Lindsey J,
and the honourable bishops of the East Angles, Sibbane and
Tidfrith, and Ethelnoth bishop of the city of London : far
ther, it was iu the twentieth year of Kenulf, king of the
Mercians, who was then present with his princes, dukes, and
grandees; while the presidents of the sacred order [were]
treating with the abbots, priests, and deacons, concerning
what was necessary and useful for the churches.
1. We expounded the catholic faith, and the orthodox Chris
tian rule, and the canonical precepts, which, as we have been
[Ex MS. Cott. Vespas. A. 1*. f. nifies. The great similitude of names
1*7.] occasioned this mistake." Eadulf was
+ [Hereuuino, W.] bishop of the ' Lindisware' or inhabi
J [insuper Eaduulfo, Lindisfarorum tants of Lindsey, (the north-east part
epiRcopo. S. W. Johnson had trans of Lincolnshire,) anil his see was at
lated ' Eadulph of Lindisfarn,' but in Sidnachester, (see above p. 283, note + ).
his addenda wrote the following correc Lindisfarn was Holy Island, lying otf
tion ; " In Latin preface to this council the extreme north coast of England.
read ' Eadulf bishop of Lindsey,' or Cf. Chron. Sax. cd. Gibson. Nom. loc.
Lincoln, so Lindisfarorum often sig expl., p. 36. Rask. Gr. 104. 295. J
A. D. 816.] WULFREIl's CANONS AT CEALCHYTHE. 301

taught, were ordained by the holy fathers. We declare our

selves willing to keep them all diligently, inviolate, uncor-
rupted; and to teach, instruct, and confirm others in the
same, that by this means we may deserve forgiveness of our
sins*.
2. "When a church is built, let it be consecrated by the
bishop of its own diocese; let the water be blessed and
sprinkled by himself, and [all things] be thus accomplished
in order, according to the ministerial book ; ' afterwards let
the eEucharist, consecrated by the bishop in the same minis
tration, be laid up in the same repository, with the other
relics in the ' royal house ; and if he can find no other relics,
this may serve as well, because it is the body and blood of
our Lord Jesus Christ t. And we charge every bishop, that
he have it written on the walls of the oratory, or in a table,
as also on the altars, to what saints both of them are dedi
cated.
* Here the eucharistical symbols are set on a level with the relics of
saints, and scarce that neither. For if relics could be found, they were
necessary for the consecration of a church ; and they that could not find
them could make them.
' Lat. Basilica, church.

3. That a settled unity, and devout inward peace and

charity, remain amongst us; that all have but one will, in
deed, and word, and judgment, without flattery or dispute,
because we are fellow-servants in one ministry, fellow-
workers in one building, members of one body, of which
Christ is head; therefore it becomes us, as we are joined
together in one Spirit, by faith and love, to keep our words
and actions free from dissimulation, in the fear and love of
God Almighty, and diligently to pray for each other, that
by this means we may deserve to receive a crown, which God
hath promised to them that love Him.
4. That every bishop have power of electing the abbots
[ut per hoc mereaniur nostrorum tamen hoc maxime proficere potest
percipere indulgentiam peccatorum. quia corpus et sanguis est Domini
S. W.J no-tri Jesu Christi. W. Spelman's
'f [Postea Eucharistia, quae ab epis- text is the same except ' tarn' for ' ta-
copo per idem ministerium consecra- men,' which however does not justify
tur, cum aliis reliquiis condaturin cap- Johnson's translation, or the observa-
sula ac servetur in eadem basilica. Kt tion in his note.]
si alias reliquias intimare non potest,
302 WULFREd's CANONS [A.D. 816.

and abbesses in bis own diocese, with the consent and advice
of the family; and let diligent enquiry be made by all,
that the inuocency of such an one [as is to be chosen] be
freed from all imputation of capital crimes; that is, that he
be not denied with homicide, or begetting children, or with
grievous public theft ; but that he have led his life regularly,
and within the cloisters of a monastery. [Let him be] pru
dent, and acute in speech, lest the flock committed to him
[suffer] for his efolly and silence* : and let the bishop look
to it, lest he be chosen out of favour, or affection, or for a
sum of money, or out of greater respect to kindred than
ought to be, hnor [let it be done] at all without the consent
of the family, nor let the family [do it] without consent of
the bishop ; but let them set about it conjointly and orderly,
in all respects.
I read insipientiam, not instantiam.
For hcec I read nee, and presently after for increpare I read inceptare^.

5. That none of Scottish extract be permitted to usurp to

himself the sacred ministry in any one's diocese; 'nor let it
be allowed such an one to touch any thing which belongs to
those of the holy order, nor to receive any thing from them
in baptism, or in the celebration of the Mass, or that they
administer the Eucharist to the people ; because we are not
certain, how, or by whom, they were ordained. We know
how it is enjoined in the canons, that no bishop or presbyter
invade the parish of another without the bishop's consent :
so much the rather should we refuse to receive the sacred
ministrations from other nations, where there is no such
J order as that of metropolitans, nor any regard paid to other
[orders] %.
1 The Latin here is very odd ; Neque ei consentire liceat ex sacro ordine
aliquod allingere, vel ah its accipere in BaptUmo, ant in celebration
Missarum, vel etiam Eucliaristiam populo prcebere. I translate almost
according to the letter, and suppose that Scots are forbidden to attend the
priest that celebrates, or to do any thing that belonged to those in the
inferior orders, in the administration of these sacraments.
[Prudens et acutus in semi one ne f [So Wilkins.]
per ejus insipientiam (MS. instantiam,) j [cum quibus nullus ordo metro-
et taciturniutem pereat gre* ei com- politanis ncc honor aliquis habeatur.
missus. W.] yf. Spelman read ' aliis,' not ' aliquis.']
A. D. 816.] AT CEALCHYTHE. 303

1 Lat. Nail us ordo metropolitanis, I read metropolitanus. It is well

known there was no metropolitan in Scotland till after the middle of the
15th century, when St. Andrew's was created into an archbishopric.
Nay, their bishops had no distinct dioceses before the middle of the ele
venth century.
[I am sensible that after dioceses were settled in Scotland, the bishop of [Addenda.]
St. Andrew's was always esteemed the first bishop of that kingdom : and in
the letter written to Eadmer (who was nominated to that see, but never
possessed of it) by Nicolas, prior of Worcester, about the year 1123, it
is said that the bishop of St. Andrew's was summits pontifex Scolorum,
(Anglia Sacra, vol. ii. p. 235,) yet he never had the power of a metropolitan
till the year 1472, when Patrick Graham, then bishop, first obtained the
pall, as his successor Spotswood testifies in his History of the Church of
Scotland, p. 58*. It is true, the Scots in Ireland had not yet arch
bishops ; but it is most reasonable to understand this canon of the Scots
in North Britain.]

6. That the judgments of bishops which have been con

firmed by us or our predecessors by a synod ical decree, be
not infringed, but remain firm and irrefragable. And in all
cases, whatever has been corroborated with the sign of the
cross, we charge that it remain in full force. And if perad- ' [Nisi.]
venture any king, or prince, account the hand-writing of his
ancestors as nothing, and stick not to alter or cancel it ; may
he and his heirs be paid in their own coin, as it is written,
" with what judgment ye judge, ye shall be judged." If any [Mat. vii.
one be summoned to synod by his plaintiffs, and do not delay ^
to meet them at the first, second, or third call, being ready
to give an account [of himself,] but the plaintiff flinches, and
delays to open his cause, we will give sentence that nothing
farther be demanded, but let him be content with his own.
7. That it be not lawful for bishops, nor abbots, nor ab
besses, (who receive the government and territories of mon
asteries, to be preserved by them,) to diminish the estates of
their churches, nor to grant away the inheritance of them,
for any longer time than for one man's life, (and this with
the consent and licence of the family,) that it may again be
restored to the church. And notwithstanding [the demise]
let the original grants, with the other written evidences, be
preserved, lest they endeavour afterwards to raise scrupulous
contradictions ; for it is very dangerous for those who are
[Ed. 4. London, A.D. 1677.]
304 WULFRED's C AXONS [A.D. 816.

appointed to be guardians and defensors of convents, to give

or take away what is granted to others for the health of
their souls to God, and the rest of the holy ones *, as their
proper inheritance, unless a just cause require it, as relief
against famine, or against the depredations of the k army, or
for obtaining liberty. Otherwise let [the estate] be kept
entirely undiminished, lest [the monks] run the risk of
perishing by poverty. Let every one rather be content with
his own ; and give that to those who are, or who are not
akin to them, according to their merits.
k The army, in the writers of this age, commonly signifies the Danish
forces, which first infested our coasts, A.D. 787 1- A council was called
to put a stop to this, at Finchall, in the bishopric of Durham, 78S, and
in A.D. 833 another at Loudon?.

8. Let the monasteries which have been once dedicated

with the advice of the bishop, and in which the regular life
is settled, and an abbot or abbess blessed by the bishop, re
main so for ever, as also the things which belong to it ;
unless they cannot continue inviolate by reason of poverty,
through the rapacity of seculars1 that the bishop,
with his authority, do rather defend the flock of Christ, than
let them be swallowed as a prey by the jaws of wolves. And
we charge this to be done for the great necessity of the
family where the regular life is, upon examination,
found to have been first settled The election of
abbots and abbesses, and the consecration of them by the
of the bishops and that they be not henceforth,
in any respect, made the property or habitation of seculars.
Let no one think this point now newly ordained by us. Let
none think it a trouble to find it in the synod of mChalcedon,
if he desire it : therefore by our authority we confirm it :
[et sanctorum reliquiis, W. Spel- Bfvrlav ttjj i-w' airrois <pi\ar0pvrlas rhr
man reads 'reliquis.'] Kara toVov I-kIgkoifov.
t [Chron. Sax. p. 64.] kS'. Ta &7ra Ka&ttpteBivra fxovatrrh-
? [cf. Wilkins, vol. i. p. 153, 176.] pta Kara yvtiifirtv i-riaicfaov, utvtiv <U
[The two canons to which John- to StijvfKfS fiovatrrtipta, koI ra Tpoo~H-
son refers as being the source of the Kovra airrois vpiyfuxra tpuKdrnoDai ri
above passage are, fiovao-Trjplip Kal utjkcti hvvaaBat yivt-
i". TlapBtvuv iaur^y avaBucrai' t< ffOat ravra Koa^iiKcL Karaydyia' Touy ii
8o-irdVp Btu, wiravTMs Sk Kal fiovi- avyxwpovmts rovro yiwteOm, {rxoicti-
ovra, uri i^wai yau<p rtpoffoniKfiv. ti aOat roTs 4k tuv Kav6vuv i-wiTifiiois.
0V7* tvptBtitv tovto woiovvTs,$o-TaMrav Chalcedon. A.D. 451. Actio xv. c. 16.
aKoivtbrrrrot. &>piaa.p.fv Si lx("' -ryv ait- 24. Concil., torn. vii. p. 365 A. 368 D. 1
A. D. 816.] AT CEALCHYTHE. 30.")

and in the name of Almighty God, we charge it to be ob

served, as we find it ordained in ancient canons, and as we
have learned it to be enjoined by apostolical men in the
beginning of the primitive Church *. But if any priest, dea
con, clerk, or handmaid of the Lord, dare despise this our
mandate, or the institutions of apostolical men, aud to set
them at nought ; let them know that they are deposed from
their degree, and sequestered from all participation with the
Church of God, and anathematized from the communion of
all the elect ; and that they are to render an account at the
day of judgment, before the tribunal of our Lord Jesus
Christ, unless they will first make amends, by humble satis
faction.
1 The following clauses of the text being very much corrupted, I can
not entirely enter into the sense, much less into the coherence of them ;
therefore I translate so -much only as seems to me intelligible, and put
the Latin here in the margin : Indicabimua episcopo cum sua autoritale
magis licuisse ovile Christi defendere, guam luporum faucibus inprcedam
dimittere. Et hoc fieri pracipimus pro magna necessitate familia, ne ex
cupiditate avaritice causa intelligatur. Ac etiam f ubi investigatur primi-
tus constituta regularis vita, et in ea electionel abbatum, vel abbatissarum,
et eorum consecratio a suorum episcoporum , nee ultra uUatenus fieri
do-minium, nee habitatio secularium^.
I am inclined to think that it may fairly be concluded that monasteries
formerly possessed by laymen, or at least, governed by them, were now
wholly resigned to religious men ; and that this is fully intimated in the
last clause, and by what follows.
" See Canon 16, 24. Chalc. in the second part of the Vade-mecum. The
printed word is Calcidanesse ; but Sir H. Spelman hath justly observed
that the synod of Chalcedon is here meant.

9. We enacted in this synod aforesaid, that every bishop

ought to set down the judgment decreed in every synod, or
that concerns his parish. We also ordain that he do dis
creetly, and according to order, set down what year of the
Lord it is, according to computation, and by what archbishop,
and other bishops sitting with him, the judgment was devised
and confirmed ; lest any man in his parish, whose cause has

[Here follow these words in the cipimus. S. W.]

Latin, omitted in the translation ; t [attamen, W.]
Sic ea regula et observant ia, mo- j [electio, W.] j
nastica sua disciplina et ecclesia*- [a suis episcopis, W.]
tica jura sine macula observare prse- ^f So W. except in words noted below.
 306 WULFJIED's CANONS [A.D. 816.

been rightly adjudged, do by false fictions and wicked fraud

decline the sentence ; but that it may alway remain firm and
immoveable by the evidence* of the archbishop and the
bishop, of whose diocese he is ; who is to take one copy of it
to carry to his see, and he who is concerned in the sentence,
another ; that no tricks of iniquity may be made use oft.
10. And we firmly ordain it to be observed in our times,
as well as those of our successors, who may in any future
times be ordained in the sees in which we now are; that
when any bishop passes out of the world, then according to
our precept, a tenth part of his substance be given for his
soul's sake, in alms to the poor ; of his cattle and herds, of
his sheep, and swine, and also of his provisions within door,
and that every English man [of his] who has been made a
slave in his days be set at liberty, that by this means he may
deserve to receive the fruit of retribution for his labours, and
1 [indul- also forgiveness ' of sins. Nor let any person oppose this point,
gentiam.] j^ p^gy ]et addition be made to it by successors as it
ought : and let the memory of such an one be always kept
and honoured in all Churches, subject to our jurisdiction,
with divine praises. [As soon as a bishop is dead] let prayers
and alms forthwith [be offered] according to what is agreed
among us, viz., That at the sounding of the n signal in every
church throughout our parishes, every congregation of the
servants of God, meet at the royal house %, and there sing
thirty Psalms together for the soul of the deceased ; after
wards let every prelate and abbot sing six hundred Psalms,
and cause one hundred and twenty masses to be celebrated,
and set at liberty three slaves, and give three shillings to
every one of them, and let all the servants of God fast one
day : and for thirty days, when the canonical hours are
[in conscientia. S. \V. ] ' parochia' was the usual word for the
[ne in posterum aliquod scrupu-
t [n< district of a bishop, answering to the
lum iniqnitatis applicetur. S. W.] present meaning of diocese, may be
I [ut statim per singulas parochias seen in the next canon, and above, p.
in singulis quibusque ecclesiis, pulsato 91, 93, 167, 188, 9. The 'basilica;,
signo, omnia famulorum Dei coetus among the Romans were the public
ad basilicam conveniat. S. W. The halls or courts of judicature, which
meaning would be better expressed about the time of Constantine began to
thus, " that straightway, throughout be used for Christian assemblies, and
the several dioceses, in all the several hence ' basilica;' came to be a general
churches the signal having been beaten, name for ' churches' in after ages. See
the whole company of God's servants Bingham's Antiquities, fik. viii. c. I.
come together to the church." That 5.]
A. D. 816.] AT CEALCHYTHE. 307

finished in the assembly, let seven belts of Pater-nosters

also be sung for him : and when this is ended, let his obit
be renewed on the thirtieth day, as the Apostles use to be on
their birth-day; and let them act with as much fidelity in
this respect in all Churches, as they do by custom for the
p faithful of their own family, by praying [for them] *, that
by the favour of common intercession, they may deserve to
receive the eternal kingdom, which is common to all saints.
I think it is allowed that bells were used in England a pretty while
before this ; but it is not certain that they were universally in'all churches,
as at present. This is no proof of the use of them ; for the Latin word
here used is signum, which may signify no more than a board, or iron
plate with holes, to be knocked with a hammer, which is retained still
among the Greeks.
VII. Beltidum Pater noster. This seems to imply that they had, in
this age, a certain number of studs fastened into their belts or girdles,
which were then used, as strings of beads now are, by the Papists, for the
numbering of their prayers ; but with this difference, that the studs were
all of one size, and that every one of them stood for a Pater noster ;
whereas the modern fashion is to have ten lesser beads, which stand for
Ave Maries, to one larger, which stands for a Pater noster.
' Lat. Pro corum domestical fidei.

11. That (as it is found in old times by tradition from

ancient fathers) it be unlawful for any bishop to invade the
parish of another t, or to draw any ministration to himself,
which belongs to another, in the consecration of churches, or
of priests, or deacons, excepting only the i archbishop, be
cause he is the head of his own bishops. But let others be
content with their own, or [act] with the license and consent
of the bishop, in whose diocese they minister. If any one
transgress in this respect, let him make satisfaction accord-

* [et xxx. (lichus canonicis horis tor has certainly mistaken the meaning
expleto synaxeos, et vii. beltidum Pater of the next clause, which should thus be
noster pro eo cantetur ; et hoc expleto, rendered, " And this having beenful-
tricesima item die obitus sui tarn bene filled, let them also on the thirtieth day
reficiantur, sicut in cujuslibet aposto- of his obit, be as well served in the
lorum nalali die refici soleant, et per refectory as they be wont to be served
omnes ecclesias tarn fideliter pro eo on the birth-day of any one of the apo-
agant, sicut moris habeant pro eorum sties." Cf. Ducange, Gloss, art. obit
domesticis fidei exorando facere. W. ' Pro eorum domesticis fidei' is clearly
The word ' beltidum' is here obscure, the right reading and ia rightly trans-
for both Spelman and Ducange in their lated by Johnson. Cf. Gal. vi. 10.
glossaries refer only to this passage; Vulgate.]
and the latter says that rosaries were \ [See above p. 91.]
not in use at this time ; but the transla-
tj2
 308 wclfred's CANCNS [A. D. 816.

ing to the judgment of the archbishop, unless he be willing

first to be reconciled to the proper bishop of the diocese.
' By this it should seem, that the archbishop had not only a visiting
authority over his suffragans in this age/but likewise a concurrent au
thority to be exercised at discretion ; otherwise he could not have conse
crated churches, or ordained clergymen, that were not of his diocese.

And we give the same in charge to priests, that no one

covet more business than is allowed him by his proper bishop,
excepting only in relation to baptism and the sick : but we
charge all priests, that they deny nowhere to perform the
ministry of baptism ; and if any one do refuse it through
negligence, let him cease from his ministry, till the time of
correction, and that he be reconciled to his bishop by humble
satisfaction. Let priests be taught when they minister bap
tism, not to pour water on the heads of the infants, but that
they be immersed in the font ; as the Son of God hath in
His own person given an example to all the faithful, when
He was thrice immersed in Jordan. In this manner it ought
to be observed.

[Post- These Latin councils at Cloves-boo and Cealchythe, are

script] DUt sa(i proofs of the want of learning here in England, in
these ages ; they have suffered much by the ignorance and
negligence of transcribers ; but in such parts of them as are
not liable to any suspicion of misreadings, the style is bar
barous, full of redundant, not to say insignificant words, with
a strange neglect of the rules of the syntax, and even of
concords. It would have been [endless to have taken notice
of all these errata in my notes, or to observe every superflu
ous word, or trespass upon Priscian : nor ought any one to
affect a fine translation of such uncorrect originals.
I cannot but observe to my reader, that we are informed
of four synods, in the four year's reign of Beornulf, king of
the Mercians. Of two of these we have an account from
ancient MSS. * In that held A.D. 822, or rather 823, Wul-
fred complains of great injuries done by Kenulf to him and
his see. For all which Beornulf and Cendryth, son and
[Spelman, vol. i. p. 832 fl ; Wil- ble's Saxons in England, vol. ii. p.
kins, vol. i. p. 171 5; compare Kern- 249.]
A. D. 816.] AT CEALCHYTHE. 309

daughter to Kenulf, make satisfaction. But it is complained

of, among other things, that not only archbishop Wulfred was
deprived of his original authority, but that the whole nation
wanted the ministration of baptism for almost six years toge
ther. I conceive there is no account of any interdict so
ancient as this, nor yet so severe : for baptism is allowed to
children, even when their parents are under interdict by the
canon law. Yet it should seem that the pope was the author
of this interdict : because it is said to have been done by
means of the accusations and discords which the king caused ;
and which were brought before the apostolical see. But the
story is taken from an anonymous MS., Sir H. Spelman,
p. 332*. And it is scarce to be supposed that any but the
pope should suspend or interdict the archbishop.
[The same document is printed as two MSS. in the Cotton Library and one
genuine and of the date A.D. 825 from at Lambeth in Cod. Dipl. No. 220.]
 A.D. DCCCLXXVII.

KING ALFRED'S LAWS ECCLESIASTICAL.

Preface.

Councils of all sorts were rare in this age, (but especially

synods for regulating and restoring the discipline of the
Church) by reason of the frequent invasions of the Danes.
They first infested our shores in the year DCCLXXXVII. *,
but grew more terrible still for almost an hundred years
together, by intervals, and the efforts made against them
were but feeble, excepting these of the two most religious
princes whom this age produced ; the first was Ethelwolf,
who gave the tenth part of his lands to the Church : by this
some understand the tithe of all his dominions ; but I can
not believe that he would give what he esteemed to be the
Church's before, and that by a divine right ; he was a clergy
man before he was a king, and we may be sure that his
tutor, the famous Swithun, had sufficiently instructed him
that tithes were not to be disposed of by kings, but were the
grant of God to the clergy, and we are sure they had been
paid and received several ages before, here in England : to
give the tenth part of his land, when he had such urgent
occasions for money to stop the progress of the Danes, was a
sufficient testimony of his piety : (I say nothing of his giving
the Peter-pence of Northumberland to the pope, for this was
lavish superstition,) but what some would have thought a
weakening of his power proved an increase of it : for he
worsted the Danes in several battles. Next to him King
Alfred put a stop to the Danish depredations, which yet they
afterwards renewed. They were for many years so violent,
that they did in effect extinguish not only law but religion,
and reduced this nation to so great a degree of ignorance,
that King Alfred declares when he came to the throne, he
[Chrou. Sax., p. 64.]
 PREFACE. 311

knew not one on the south side of the Trent that could con
strue Latin. But Alfred was a prodigy of a prince, who
though he was of such a martial spirit, that he fought above
fifty battles with the Danes, by land and sea, yet found time
to spend in his books, and became one of the greatest scho
lars and divines in the kingdom. Plegmund, afterwards
archbishop of Canterbury, Asserius, bishop of Shirburn, with
Grimbald and John, his chaplains, taught him the Latin
tongue. And he says with great satisfaction in his preface
to his translation of Gregory's Pastoral, That he had now
every where learned prelates.
The following laws could scarce be made before King
Alfred's first league with the Danes, A.D. 876, because till
that time he was wholly engaged in wars for the defence of
his kingdom, and was sometimes reduced to great straits,
and must have been made before his other laws upon God-
run's baptism, A.D. 878. See Sax. Chron. King Alfred's
reign began A.D. 871, and ended 900.
 Saxon.
SirH.
Spelman,
vol. i. p.
[wSikin., AD- DCCCLXXVII.
Vol. L p.
186. rpHE Lord spake this word to Moses, and thus He said, I
p. 20.]' am the Lord thy God, I led thee out of the land of Egypt,
[Exod.* and out of their bondage.
[3.] 1. Love thou not other strange gods beside Me.
[7.] 2. Call not thou on My Name in vainf: for thou art not
guiltless before Me, if thou callest on My Name in vain.
[811.] 3. Remember that thou hallow the day of rest : work thou
six days, and rest thou on the seventh, 'thou and thy son,
and thy daughter, thy man-servant, and thy maid-servant,
and thy working beast, and the stranger that is within thy
gates J, for in six days Christ made the heavens and the
earth, seas, and all creatures that are in them ; and He rested
on the seventh day, and therefore the Lord hallowed it.
[12.] 4. Honour thy father, and thy mother, whom the Lord
God hath given thee, that thou mayest be long lived on the
earth,
[is] 5. Slay thou not.
[15.] 6. Steal thou not.
[M.] 7. Lie not down clandestinely^.
[16.] 8. Speak thou not false witness against thy neighbour || .
[17.] 9- Covet not unrighteously thy neighbour's possessions.
[23.] 10. Make thou not gods of gold or of silver,
[xxl i_ 11. These are the dooms which thou shalt appoint them,
]
["It will be proper to observe that on ibelnerre, Utter not thou My name
the Anglo-Saxon text is not as a whole idly.T.]
a translation of the Vulgate, or of any 'J [This part of the commandment
other known Latin version." T. p. 25, is omitted by Thorpe as not in the
note a. Mr. Thorpe takes the text of MSS., though added by Larabaxd.]
King Alfred's laws from a MS. in the [by leng libbende, the longer
library of Corpus Christi College, Cam- living. T.]
bridge, marked in the catalogue 173, % [In the order of these two com-
(S. 11), with variations from another mandments, 6, 7, Johnson follows
MS. in the same library, numbered Lambard; Thorpe gives them in the
384 j the Cottonian MS. Nero, A. 1, usual order]
and the Textus Roffensis, (see above, || ['Against thy neighbour,' omitted
p. viii. note a.) The first and last of by Thorpe, but given in Lombard's
these are the MSS. used by Wilkins.] text.]
f [II. Ne minne noman ne cig J>u
 A. D. 877.] KING ALFRED'S LAWS ECCLESIASTICAL. 313

If thou buy a Christian servant, let him serve thee six years,
the seventh year let him be free without pay : with such
clothes as he came in, with such let him go out, and so on,
as in the Latin vulgar translation of Exodus xxi. 1 6; only
instead of, " his master shall bring him to the judges," (Diis in
the Latin) Alfred says, " he shall bring him to the door of
the temple," ver. 6, and in the same verse, "to my wife
and children," he adds " my goods."
12. Is Exod. xxi. 711, omitting the first and last clause
of verse 8, the last clause of the ninth, the first of the tenth
verse, and "three," and "without money," ver. 11.
13. Is Exod. xxi. 1214.
14. Is Exod. xxi. 15.
15. Is Exod. xxi. 16, 1 7.
16. Is Exod. xxi. 18, 19.
17. Is Exod. xxi. 20, 21, and adds, If he die the first day,
then let guilt rest upon him.
18. Is Exod. xxi. 22, 23, omitting, As the woman's husband
will lay upon him.
19. Is Exod. xxi. 24, 25.
20. Is Exod. xxi. 26, 27.
21. Is Exod. xxi. 2832, for thirty shekels King Alfred
has, thirty shillings.
22. Is Exod. xxi. 33, 34.
23. Is Exod. xxi. 35, 36.
24. Is Exod. xxii. 1, only instead of five oxen, King Alfred
says two oxen, and adds, If he have none to give, let himself
be sold for that price *.
25. Is Exod. xxii. 24.
26. Is Exod. xxii. 5, but thus varied, If one do any the
least damage to the vineyard or field of another, let him
make satisfaction, according as men shall value it. I read,
j-pa hie mon jeeahcije t-
27. Is Exod. xxii. 6, abridged.
28. 7* Exod. xxii. 712, thus varied, If one deposit goods

[tip lie iioebbe hpset he pelle pie obbe hip lanbep apuht, gebece ppa hie
he pelp beboht pi"8 am pio. If he inon jeeahtige.
have not what he may give, be he him- 26. If any one injure another man's
self sold for the cattle. T.] vineyard, or his fields, or aught of his
t [XXVI. kip hpa epepbe olSpcp lands j let him make ' b6t' as it may be
inunnep pm-Seapb, obbe hip secpap, valued. T.]
314 king Alfred's [A.D. 877.

with his friend, and he himself make away with them, let
him make twofold satisfaction. If he knew not who stole it,
let him purge himself that he hath used no deceit. If it
were living stock, and he say That the [Danish] army* took
it, or that it died of itself, and he have witness of it, then he
ought not to make satisfaction ; if he have no witness, and
cannot prove it, let him take his oath on it.
29. Is Exod. xxii. 16, 17.
30. Is Exod. xxii. 18, paraphrased.
31. is Exod. xxii. 19.
32. Is Exod. xxii. 20.
33. is Exod. xxii. 21.
34. Is Exod. xxii. 2224.
35. is Exod. xxii. 25.
36. Is Exod. xxii. 26, 27.
37. 7* Exod. xxii. 28.
38. Is Exod. xxii. 29, according to the vulgar.
39. Is Exod. xxii. 31, omitting the first clause.
40. Is Exod. xxiii. \,\
41. Is Exod. xxiii. 2, \paraphrased.
43. Is Exod. xxiii. 3, '
42. Is Exod. xxiii. 4.
44. is, Always avoid lying t.
45. Is, Never put to death the upright and innocent t.
46. Is, Take no bribes, for they full oft blind the judgment
of the wise, and pervert their words'.
47. Allow not of any unkindness toward foreigners and
strangers, nor molest them with injurious dealings2.
48. Swear not by heathen gods, and nothing, neither call
upon them J r.

' I have made no reflections on King Alfred's singular way of trans

lating and transposing the Ten Commandments, and the judicial laws of
Moses, for I thought it sufficient to shew the reader how the Scriptures
were treated in this age. I have the rather been sparing of my censures,
because I consider this preface as the work of an English king who had a

[t hir hepe name, that the 'here' f [Exod. xxiii. 7 (Vulgate) '8, 9.]
hath taken it, T. exercitus, W. This j [XLV1II. Ne rpepigen Re na?n>e
might mean not only the Danish army unbep hav5ene Sobar, ne on nanum
as suggested by Johnson, but any gang bingum necleopien SeC mm. Swear ye
of robbers thirty-five in number or up- never by heathen gods, nor cry ye unto
wards. See abovr, Laws of King Ine, them for any cause. T. Exod. xxiii.
p. 135, first nole.] 13.]
A. D. 877.] LAWS ECCLESIA8TICAL. 315

great zeal for Christianity ; a thing so rare, that wherever it is found in

princes, it ought to be admired and venerated. In truth, had it not been
for King Alfred in this age of war, confusion, and ignorance, there is just
cause to suspect that Christianity itself had been extinguished here in
England.
It is not easy to say, with what view King Alfred put this scriptural
preface to his laws, if it were not to shew his great esteem for God's word.
There is no hint given, that he expected his people should make the judi
cial precepts of Moses the rule of their actions, though he had, no doubt,
this end in his eye, when he begins his preface with the Ten Command
ments, and delivers them, as he had been taught at Rome, in his younger
davs, that the moral law of God should be known and practised by his
people.
We know not by what steps and degrees the worshipping of images was
introduced in this nation : but by this king's dealing with the second
commandment, we may be sure it was now an established practice ".

49. These are the dooms which God Almighty Himself

spake to Moses, and enjoined him to observe.
t After the only-begotten Son of the Lord our God, that
is, Christ our Saviour, came into the world, He declared He
came not to break, or repeal these commandments, but to
enlarge them with every thing that is good : and He taught
mercifulness and humility.
Then after His passion, before the Apostles were to go
through all the earth to preach, while they were yet all at
one place, they converted many heathen people to God.
Then while they were yet altogether, they sent messengers
to Antioch, Syria, and Cilicia, to teach the laws of Christ.
Then they understood what had happened to them J. Then
sent they this epistle to them, who from being heathen, were
become Christians.
The Apostles and elder brethren, wish you health, and give [Acts xv.
you to understand that we are grieved, that some 'of our J
companions came to you in our name, and ' heavily charged
you to observe what we had charged you to observe ; yet led
you into error with various commandments, and rather turned
your souls aside than set them right. Upon this we assem-
[Compare Spelman, vol. i. p. 363, W. a hie ha onReacont him ne rpeop,
note, with Alford's Annals, vol. iii. p. But when ttiey understood that it speed-
1712. S.Aug. Op., torn. v. p. 41 8.] eri them not, T.]
+ [Here begins the old Latin ver- ' [and have commanded you to ob-
sion. See Thorpe, p. 4!) 1.] serve a heavier rule than we com-
J ['5a hi $a ongearon t him belampe, manded them, T.]
Cum hi resciscerent quid illis accident,
 316 king Alfred's [a. d. srr.
bled ourselves, and with unanimous approbation, we have
sent to you Paul and Barnabas, men that are willing to offer
their souls for the Lord's sake ; with them we have sent
Judas and Silas to tell you the same thing. It seemed good
to the Holy Ghost, and us, that we would lay on you no
burden, but such as was necessary for you to keep ; that is,
i [tasting, that ye forbear to celebrate devil-worship, and from eating'
riut vii blcl> and strangled, and from clandestine copulation, and
12.] that ye do not that to other men, which ye would not that
they should do to you : a man ought to consider this doom
that he may determine every thing aright, and he needs no
other. Let him resolve not to pass such a sentence on others,
as he should be unwilling another should pass on him, if he
undertook to judge him*.
Afterwards it came to pass, that many people received the
faith of Christ, then were many synods of holy bishops, and
other famous wise men through the whole earth, and also
among the English, after they had received the faith of
Christ. Then they, out of that tenderness which Christ
taught towards the greatest crimes whatsoever decreed, That
secular lords might with their leave take pecuniary mulcts,
at their appointment ('with a reserve to the sinf [itself]
and the principal guilt) excepting for ' treason against their
lord. Toward that they durst not shew any tenderness,
because God had decreed none to such as despised Him ; nor
did Jesus Christ the Son of God decree any toward him who
betrayed Him to death. And He has commanded to love one's
master as one's self. These men in many synods have settled
the satisfactions [due] for many human crimes, 'and they
have, in many synodical books, commanded to be writ down,
in what case [there shall be] one doom, in what another J.
[' Let him remember that he ad- learan, buton rynne, aec bam ropman
judge to no man that which he would syice baepe jioh-bote onyon be hie
not that he should adjudge to him, bajerectan, buton a?thlaj:opb-reappe.
if he sought judgment against him.' " They then ordained, out of that mercy
X.] which Christ had taught, that secular
t [This interpretation is not follow- lords, with their leave, might, without
ed by Wilkins, who renders bucan sin, take for almost every misdeed, for
rynne ' absque crimine,' and the whole the first offence, the money-' bof which
sentence is thus edited and translated they then ordained ; except in cases of
by Thorpe, !>ie ba Jjererxon for baepe treason against a lord."]
milb-heorcnerre be Epirc laepbe, set 'J [i on monega renotS-bec hlgppiMB
maejrpa hpelcpe mirbiBbe, 'p ba hpap aenne doni hpaep o'Sepn*. And
porulb-hlaropbar moj-con mib hiopa in many synod- books they wrote, at one
A. D. 877.] LAWS ECCLESIASTICAL. 317

' This seems to me to be the sense of these words, with submission to

better judgments ; the meaning is, that the bishops notwithstanding their
consenting to these mulcts, yet retained to themselves and the priests the
power of enjoining penance, and giving absolution from the crime, as it
regarded the conscience of the offender.
' Yet in the fourth of the following laws, as they stand in Lambard,
(for you have here only the ecclesiastical laws,) there is mention of the
king's weregild : It was a sum of old fixed and determined, and well
known, and to be paid by the relations if the traitor made his escape, or
if he appeared, as a fee, necessary in order to get admission to a purgation :
the words of law the fourth are, in English, If he will purge himself, let
him do it for the king's weregild*.

Then I Alfred the king made a collection of them, and

commanded many of them which our predecessors had ob
served, [and] which I approved, to be transcribed ; and those
which I approved not, altered, with the advice of my coun
sellors, and commanded them to be observed in another
manner; for I durst not presume to set down in writing
very many of mine own, because I know not what would
please them that were to be after us. What I found in the
days of Ine my kinsman, or of uOffa king of the Mercians,
or of Ethelbert, (who first of the English nation received
baptism,) which seemed to me most righteous, I have here
collected, and passed over the rest. Then I Alfred, king of
the West-Saxons, shewed them to my counsellors, and
they declared that they approved the observance of all of
them.
u The laws of Offa seem to be lost.

place one doom, and at another an- desire to prove himself true, let him do
other. T.] so according to the king's 'wergild.'
[Mr. Thorpe gives the same text So also we ordain for all degrees, whe-
of King Alfred's fourth law as Lam- ther ' ceorl' or ' eorl.' He who plots
bard, Archseonomia p. 23, 4, and trans- against his lord's life, let him be liable
lates it thus: in his life to him, and in all that he
Of plotting against a lord. has; or let hiln prove himself true ac-
4. If an) one plot against the king's cording to his lord's ' wer.' Ancient
life, of himself, or by harbouring of Laws, &c, p. 28, y : see also p. 7!',
exiles, or of his men ; let him be liable 80, 133.]
in his life, and in all that he has. If he
 318 king Alfred's [a.d.877.

THE LAWS ECCLESIASTICAL OF KING ALFRED,

SEPARATED FROM HIS CIVIL LAWS.

[Saxon. 1. First, we teach what is most necessary, that every man

a'r ,H- strictly observe his oath and covenant. If a man be wicked-
apelman, *
vol. i. p. ly bound either to treason against his lord, or to support
Wilkins, wrong, then it is more righteous to break one's word than to
vol. i. p. fulfil it. If one covenant to do what is righteous and then
Thorpe, falsify, then let him resign his arms, and his estate, to be
Latin kept by his friends, and be a prisoner for forty nights, in the
v. A. p. place of royal residence, and do such penance as the bishop
J enjoins him, and let his kindred feed him 'if he want meat*.
If he have no kindred, or theyf have no meat, let the king's
reeve feed him. If he must be compelled by force, or else
will not [comply] then if he be overpowered, let him forfeit
his arms and his estate ; if he be slain, let him lie without any
weregild. If he run away before the time assigned by law,
[be expired] and be taken, let him be outlawed, and excom
municated from all the Churches of Christ. 'If he have any
surety, let satisfaction be made for breach of suretyship, as
the law directs ; and for "breach of covenant, as the shrift
shall require J.
' This is very observable, that he who was surety for the good be
haviour of another, in relation to the State, was also answerable to the
Church, so far as to pay any forfeiture incurred by the principal, for act
ing contrary to good conscience.

2. If any one betake himself to the x minster-house, for any

' [sip lie relf mere nsebbe, if he to him. T.

himself have no food, T.] " According to a well-known rale of
f [obbe bone niece nsebbe, or have law, if the defendant made default,
no food, T. Rather, ' or have not the the horhs or sureties were amerced by
food.'] the court; and this fine he is here
% [Eir bffTi bonne o'o'ep nienmpc directed to make good. For the wed
bopb pie, bece bone bopj-bpyce ppa or gage he was bound by an oath, the
him pyhc pipe, ) bone peb-bpyce ppa ropea'S, prftjuramentuni, which occurs
him hip pcpifT pcpipe. If however, hereafter, in person ; and perjury being
there be another man's ' borh,' let him a matter of ecclesiastical cognizance,
make ' hot' forthe 'borh-bryce,' as the the censure was to be fixed by the
law may direct him, and the 'wed- Church." Ancient Laws, &c, p. tl<
bryce,' as his confessor may prescribe note b.]
A.I). 877.] LAWS ECCLESIASTICAL. 319
open crime whatsoever, which does not concern the king's
estate, or ^some honourable family favoured [by the king*]
let him have the time appointed by law, of three nights to
provide for himself except he will compound. If any one
distress him during the appointed time, by slaying, or bind
ing, or wounding him, let satisfaction be made by weregild,
or mulctf, for every one of these in due form, and with one
hundred and twenty shillings to those of the family, as a
satisfaction for hreach of the Church's peace J.
[Brompton's Latin, and the copy of these laws in Textus Roffensis omits [Addenda. ]
' non' or ' ne,' and the sense runs clearer without it : therefore for ' does
not concern,' read 'concerneth.']
' It is certain, that religious houses had particular apartments, for the
accommodation of those that were in sanctuary : for they were not per
mitted to eat, or sleep, much less to do other natural actions in the church
itself: though CDynrtep hama, may signify Church protection.
' Obepne ppione hypeb 'Se seppupb py. John Brompton's Latin version is,
Alteri commode deserviat et venial is '. It is probable, the copy from

[II. Dirhpa baramynptep-hama second sentence of the forty-ninth item

hjielcne for hpelcpe rcylbe, gerece of King Alfred's preface, ' Postquam
be cyniujef reopm to-behmpe, opbe natus,' &c, and ends with the laws of
otSepne ppione hiepeb be ap-pypfle King Cnut, is in the chronicle of John
pe, If any one for whatever crime, Brompton, abbot of Jorval in York
seek any of the ' mynster-hams' to shire, about A.D. 1198, and is printed
which the king's ' feorm' is incident, from several MSS. in Ancient Laws
or other' free-hired' which is worthy of and Institutes, p. 491, et seq. where
reverence.T. Mr. Thorpe suggests * venerabilis' for
Wilkins with Lambard and Spelman ' venialis,' which seems unnecessary,
reads, pe ne cymnser jfeopme ro-be- for probably the author of that transla
limpe, and interprets 'quas ad regis tion understood the words pe ap-
tinnuni non pertinet.' pypfte pe of the fugitive or his fault
Mr. Thorpe in a note on this obscure in the sense ' that may be worthy
passage says, " I prefer the insertion of pity ;' in some cases no pity was
of ' ne' as in Lambard, conceiving the to be shewn, as may he seen above,
sense to be as follows j ' If any one, &c, Answers ofEcgbriht, A.D. 734, c. 14;
seek any of those monastic domiciles Bingham's Antiquities, Bk. viii. c. xi.
which are free from the king's ' feorm' p. 38.
for purveyance), or any other free The whole Latin translation of King
fraternity,' 8rc. Such mynster-hams Alfred's second law runs thus,
as were burdened with the king's " De confugio ad ecclesiam.
1 feorm' having apparently had the Si quia ad ecclesie mansionem, pro
privilege of granting an asylum for a qualicunque culpa confugiat qua; ad
longer space than three days." T.] firmam regis non pcrtineat, vel alteri
f [lie mib pep Je mib pice, as well commodo deserviat, et venialis sit, ha-
with ' wer,' as with ' wite.' T.] beat trium noctium terminum cavendi
J [The MSS. add, t niebbe hip agne sibi, nisi reconciliari quesierit. Si quis
poprongen, and let him not have ' for- infra hunc terminum malignaverit eum,
fongen' his own. T. Upon the diffi vinculis aut verberibus, emendet singu-
culties of this clause, which is not in lum eorum, secundum rectitudinem
Lombard's edition, see Thorpe, p. 28, patrie, wera, wita ; et ecclesie minis-
note a. tris cxx. sol. pro infractione pacis."
[This Latin version of the Anglo- Thorpe, p. 492.]
Saxon laws, which begins with the
 320 KING ALFRKD's [A.D. 877.

which that translation was made, differed from the present ; and a small
alteration will reconcile these words with that ancient version. But here
it deserves our reflection, that so pious a king as Alfred should see a ne
cessity of limiting the privileges of sanctuary, both as to the crimes for
which it was allowed, as also in relation to the time granted to the male
factor to provide for his flight beyond sea. This time, which is here called
Fyprr, was by the canon law thirty days, and our first Christian princes
were as large as any other, in their grants of this sort ; but they soon found
a necessity of retrenching. See Law J below.
' Ecciesia Ministris, Brompton. Every church of old might be said to
have a family, that is, a number of priests, or clerks, at least.
[Addenda.] [Textus Roffensis hath >eopj-cype for beobpcype, and so Brompton, or
the author of the Jorval translation read it*.]

3. If any man break suretyship with the king, let him

make satisfaction for the wrong as justice directs; that is,
with five pound of Mercian + money. Satisfaction for breach
of suretyship with the archbishop, is to be made with three
pound ; with another bishop, or alderman, for two pound J.
[Addenda.] [Somner in his Dictionary renders maep-pennmse, 'merus nummus,'
good money, not Mercian money.]

6. T. 4. We also decree, That every church hallowed by a bishop

have this privilege, viz., If a "foe run thither , that no man
for seven nights draw him from thence ; if any man do, he
incurs the penalty of breaking the king's protection, and the
Church's peace (if he take more [men] from thence, the
[penalty] is the greater,) if he can live for hunger, without
fighting his way out^f. If they of the family have great
[Mr. Thorpe notices the variation ' borh,' let him make ' Dot' for the
of the Textus Koffensis, but reads and plaint as the law shall direct him ; and
translates mib pyhte peobrnpe ' ac- for the 'borh-bryce' with v pounds of
cording to regular usage,' which agrees ' mserra,' pence. For an archbishop's
with the old Latin version in Brompton ' borh-bryce,' or his ' mund-byrd,' let
of Jorval, 'secundum rectitudinem pa- him make 'bot' with three pounds: for
trie i' the words ' Ecelesiae ministris' any other bishop's or an 'earldorman's'
express the meaning o( bam hipum, ' to ' borh-bryce,' or ' mund-byrd,' let him
the brotherhood.' See above, p. 148, make ' bot' with two pounds. ]
note a, and p. 150, note J.] [tir hie rah-mon jeiepne obbe
+ [So Lambard and Spelman, both Jea-pne, if a ' tah-man' (foe) flee to or
reading msepcna in the margin, but reach one, T.
Wilkins translates mjeppa peninga ' The words obbe geaepne appear to
' bunoe monetae,' which is probably the have been originally a marginal gloss:
true meaning. See Thorpe, p. 28, they are not in Lambarde's text' T.J
note b. ] Tf inajic sir he bsep msepe or-xep,
% [Mr. Thorpe's translation from Jir he jop hungpe hbban msE*,
the same text is, bucon he reli; uc teohte. T. et m-
Of ' Borh-bryce.' plius si forisfaciat amplius, si pro fame
3. If any one break the king's vivere possit, si non inde prelietur. V. A.
 A. D. 877.] LAWS ECCLESIASTICAL. 321

occasion for the church, they may keep him in another

house, so that it have not more doors than the church. Let
the church-elder know, that no meat is to be given him,
during this appointed time. If he be willing himself to sur
render his arms to his enemies, let them keep him thirty
nights, and then coffer* him to his relations. The privilege
also of the church is, that if any man betake himself to a
church, for any crimes whatever, that were before unknown,
and there confess them in God's Name, half [the mulct] be
forgiven him.
" One that denied to do satisfaction for the wrong he had done to
another. See Law Jj. Such as these had the ancient full privilege of
sanctuary, their offences not being committed directly against the king or
government.
[Textus Roffensis saith geyjine obbe gesejin.] [Addenda.]
* See note z, in Law 2.
0 They were to offer their prisoner to his friends, that if they would
make satisfaction for the wrong done, he might be enlarged.
[Textus Roffensis hath gebobije for gebeoben, then it should be ren- [Addenda.]
dered ' commit him to his relations,' or ' charge them with him.']

5. If one steal any thing in the church, he forfeits the 6.

single value of it, and also the mulct that belongs to that
single value, and let the hand with which he did it be taken
off. If he will ransom his hand, and that be allowed him,
let him pay in proportion to his weregild. d He that stealeth
on Sunday night, or on Christmas, Easter, Holy Thursday,
and ethe Perambulation days, our will is, that he make satis
faction two-fold ; as also on the Lent fast.
* Brompton makes two laws of this, and places the following part be
fore the foregoing f.
* Brompton omits the Perambulation days I.

6. If a man take a nun out of a monastery 'without the 8.

Mr. Thorpe thinks the place cor- himself make a sally.' Compare above,
rupt notwithstanding the concurrence Laws of Ethelbert, A.D. 602. c. 1 4;
of MSS., and says perhaps we should Ine, 693, c. 5; Ecgbriht's Excerptions,
read sir: he bame man ojr-Sero, if he 740, c. 7577, in Wilkins.]
carry the man off; but the old Latin [jebobien, give notice of, T.]
version and a comparison with law j| f [So Thorpe, making it part of the
below seem to make the received text preceding law.]
clear, (' more penalty let the pursuer X [on bone Dalian Dunjier baej ())
incur if he there commit more ravage' ) ; on Lans-bajar, T. in Sancto die Jovis,
if he, the fugitive, can live despite of in Ascensione Domini. V.A.]
hunger within the sanctuary and do not
JOHNSON. Y
 822 kinq Alfred's [ad. 877.

leave of the king, or bishop, let him pay one hundred and
twenty shillings ; half to the king, half to the bishop, and the
lord of the church to whom the nun belonged. If she out
live him that took her out, let her not have the least particle
of his estate8. If she bear a child, let that have no more of
his estate than the mother. If the child be killed, let the
share of the forfeiture that belongs to the mother's relations,
be paid to the king; let the father's relations have their
share paid them.
' By this it seems, that either king or bishop could dispense with the
nun's vow.
[For napihr Textus Roffensis hath apuht, the sense is the same. But
this would shew that this MS. was written after the double negative waa
laid aside, if we had no other evidence of it.]

10. 7. If a man defile the wife of one that is rated at twelve

hundred shillings, let him, for satisfaction, pay one hundred
and twenty shillings j [if the husband be rated] at sis hun
dred shillings, [let the satisfaction be] an hundred shillings;
if a common man's, forty shillings* ; and let the pay be
in living stock, and let none part with a h man on that [ac
count.]
k That is, a slave, for such might have been included in living stock, if
there had not been a particular exception.
[Addenda.] [In Textus Roffensis this makes part of law 16, and the sense is much-
what the same (though the series of the words is different) save that the
adulterer's mulct is lx. shillings in T. Roff. but xl. here.
Between law 7 and 8 another law ought to have been inserted, which
mates the 16 in Textus Roffensis and which here follows,
[14. T.] " If a man be dumb, or deaf, so that he can neither deny, nor confess
his sins, let the father make satisfaction for his misdeeds."]

11. 8. If a man handle the breast of a common man's wife,

let him make her satisfaction with five shillings ; if he throw
her down but do not lie with her, with ten shillings ; if he
lie with her, let him pay sixty shillings as a satisfaction. If
another man have defiled her before, let the satisfaction be
half so much. ' If k he be accused, and violently suspected

[The remainder is in Lambard, and given afterward* as part oflaw 1*

Spelman, Wilkius, and the Latin copy of K. Alfred.]
in Brampton, but is omitted by Thorpe,
A. D. 877.] LAW8 ECCLESIASTICAL. 323

only, let him make his purgation by [men rated at] sixty
plough-land, or pay half the satisfaction*.
If this happen to a woman of noble birth, let the satisfac
tion increase in proportion to her weregild.
1 These worcta in the different character, are by oversight omitted
in Sir FT. Spelman's Saxon text ; but the Latin translation of Lambard is
printed entire : they are also in the Jorval translation f.
k I read gif him mon ceo, &c, and I take this to be the full import of the
verb Eeon.

9. If a man fight, or brandish his weapon in presence of u..

an archbishop, let him make satisfaction with ' one hundred
and 'thirty J shillings. If this happen in the presence of
another bishop, or alderman, let satisfaction be made with
one hundred and twenty shillings.
1 In the number of shillings here, I follow John Brompton's translation,
as most agreeable to the tenor of these, and the other laws. The Saxon is
' one hundred and fifty.'

10. If any man unchastely handle the breasts, or weeds of 18.

a nun, without her leave, let the satisfaction be double, as to
that we before provided for lay-women .
11. If without the lord's leave, any thing of value be in- 20.
trusted with his monk, and it be lost, let the owner bear the
damage.
12. If a priest slay another man, let all that he has pur- 21.
chased with his "habit, be seized % and let the bishop degrade
him; then let him be put out of the minster, "unless the
lord will compound for his weregild.
' [tip hie mon teo, gelabie (hi) in live stock, cattle goods, and in that
be pxtesum lnba, obbe bohge be let no human being be given : if she be
healrpe ba-jie bote. If she be charged of six-' hynde' degree, let him pay one
(therewith,) let her clear herself with hundred shillings to the 'byrgea:' if
sixty hides, or forfeit half the ' hot.' she be of xii.-' hynde' degree, let him
T.] make ' hot' to the ' byrgea' with cxx.
f [And in Wilkins and Thorpe.] shillings." Ancient Laws, p. 32 3.]
' J ['fifty,' T.] Tf [Kip ppeojr o'Sepne man opplea,
[A continuation of this law, omit- peoppe mon Co hanba, eall $ he him
ted in most copies (compare King Al- hamep bohee.If a priest kill anotheT
fred's tenth and eleventh laws here man, let all in his home that he had
numbered 7 and 8,) is given by Mr. bought be delivered up. T.
Thorpe, and thus translated ; Mr. Thorpe omits the nub before eall
" If a betrothed woman commit and observes that " the old Latin ver-
adultery, if she be of ' ceorlish' degree, sion is not authorized by the Saxon
let ' but' be made to the ' byrgea' text" See Ancient Laws, &c, p. 84,
(surety) with Ix. shillings, and let it be note a, latter part]
x2
 324 kino Alfred's [a.d. 877.
m Here I translate, by conjecture, mib hamep, rather haamap, or haaman,
habit, or profession, that is, by means, of his benefice. I believe few will
be satisfied with the old version, viz., I'resbi/ter-capiatur . . . et totum unit
tibi mansionem emerat. Mr. Lambard's version differs from this now
mentioned, in words only, not in sense.
[Addenda.] [Textus Roffensis here runs thus, peopp man Co hanba, 7 eal 1> he trnb
him hamer bpolic. forte, Let him be seized, and all that he brought iuto
the house with him ; that is, all the personal estate which he had before
he was possessed of his benefice or place in the monastery.]
" I suppose he was put out of his monastery, or church, (for minster
signifies both) in order to suffer perpetual penitential exile, except the
lord would compound for the ransom : for the priest is supposed to be
disabled from paying it, by the seizure of his goods, before mentioned,
which must be supposed to have been done by his spiritual lord, the
bishop, or abbot.
The priest's lord was the bishop, or abbot.

25. 13. If any one ravish the maid-servant of a common man,

let him make satisfaction to him with five shillings, and pay
sixty shillings as a mulct. If a man-slave force a woman-
slave, let him make satisfaction with [the loss of] his genitals.
[26, T.] If a man force a woman before her puberty, let satisfaction
be made, as if she were of full growth*.
[Addenda.] [Textus Roffensis hath hybe instead of eopen. According to this the
middle clause should be rendered, ' If a man-slave force a woman-slave,
let him make satisfaction with his hide ;' that is, let him be well
scourged -p.]

29. 14. If any man implead another of p breach of promise to

L ' J God, and will accuse him for that he has not performed
somewhat that he had plighted, let him first give his oath on
it in four churches, and the other, if he will justify himself,
let him do the same in twelve J.

* [This last sentence is a separate Alfred's thirty-third law is thus giveu,

law according to Thorpe, whose num- Be Ijob-Bopsum.
bers to the rest of King Alfred's laws XXXIII. Lip hpa oftepne sob-
differ widely from those of Lambard, bopj;ep oncunne, ~\ cion pille, " he
and are therefore inserted under them hpelcne ne geleepte bara be him 5?!**
in the margin with the letter T. John- albe, ajipe bone pope-a'5 on peopep
son's numbers also differ from the like cipicum, 7 pe o'Sep, x;ip he liine rpeo-
sclections of King Alfred's laws in the pian pille, 111 xn. cipicum bo he bsc.
Concilia of Spelman and Wilkins, by Of ' God-borhs.'
the insertion of laws Jf and Jf ] 83. If any one accuse another on
t [Mr. Thorpe notes this variation account of a ' God-borh,' and wish to
of the Textus Roffensis but does not make plaint that he has not fulfilled
follow it.] any of those [' God-borhs'] which he
J [In Ancient Laws, &c, King gave him, let him make his 'fore-ath'
A. D. 877.] LAWS ECCLESIASTICAL. 325

* This is a crime of which no courts have taken cognizance, for many

ages past. The old Jorval translation understands it of such as had vowed
to be monks.

15. If one bind a common man, guilty of no crime, let 81.

him make satisfaction with ten shillings ; if he beat him, with '
twenty shillings; if he put him to the torment*, with thirty
shillings ; if he opprobriously shave him like a fool, with ten
shillings ; if he shave him like a priest, (though he do not
bind him) thirty shillings ; if he shave off his beard, with
twenty shillings ; if he first bind him and then shave him like
a priest, then let him make satisfaction with sixty shillings.
16. If menf fight before the king's aldermen1 in court, let 84.
the satisfaction be made as for blood, and a mulct be paid, as * ' '*
right is, and before that, one hundred and twenty shillings, a
mulct to the aldermen1. If any one cause disturbance in the [alder-
county court, by brandishing of weapons, let him pay one hun- man-J
dred and twenty shillings, as a mulct to the aldermen1 : if
somewhat of this happen before the king's i lesser alderman {,
or the 'king's priest, let thirty shillings be paid for a mulct.
* Probably the sheriff, or lesser reeve.
' Some suppose that the bishop is here called the king's priest ; but
this seems highly improbable ; for to brandish a weapon in his presence,
was one hundred and twenty shillings forfeiture ; in the priest's presence,
but thirty shillings. It may seem strange, that the alderman is spoken of
as sitting in the folke-gemote, or county-court, without the bishop ; but it

in four churches ; and if the other will brackets are so printed in Spelman's
prove himself innocent, let him do so ill copy, as an insertion from 'Regius
xii. churches. T. Codex MS.,' but are not in Brompton
Mr. Thorpe in a note remarks that or the best MSS. according to Thorpe,
hpelcne is a masculine singular, refer- See Leg. Anglo-Sax. Versio Antiqua,
ring to 'God-borh,' of which the only Thorpe, p. 495. Compare Spelman,
explanation given in his Glossary to vol. i. p. 374. See on vows, above
the Anglo-Saxon lawsis, 'Dei plegium.' Cealchythe, A. D. 785, c. 18. Gratian.
" A divine or sacred security the nature Decret. Causa xvii. G. i. c. 3. Bing-
of which is unknown." hum's Antiquities, Bk. xvi. c. 7. 9.]
The following is the old Latin ver- [nif he hine on henjenne alecjje,
sion of this law mentioned in Johnson's If he lay him in prison.T.]
note. f [mon, a man, T.]
De Dei plegio violate j [Iiir. hirer hpaer; heropan cynin-
XXXIII. Si quis alii Dei plegium gej- ealbojimannef gwgpan Jelnnpe,
intemptet [id est, eum criminelur qui If aught of this happen before a king's
Deo se obstrinierit in fumulalum] et 'ealdormans' junior. T. Singna, li-
compellare velit quod ei aliquod eorum terally 'junior,' is here used in the
non compleverit, praejuret hoc in qua- usual acceptation of ' deputy.' See
tuor ecclesiis, et si alius se purgare Thorpe, p. 389, note d. Caedmon,
velit in xii. ecclesiis hoc faciat ed. Thorpe, p. 34, 1. 32. beah he hip
The words in italics and within gmspan ne renhe.]
 326 king Alfred's [a. d. 877.

is to be remembered, that drawing a weapon in the bishop's presence, had

been mentioned, and taxed before, in the ninth law, and there was no oc
casion to repeat it here : and it must be supposed, that the alderman -at
sometimes without the bishop ; for some of the dioceses were then so large
as to contain very many shires, and the bishop could not, in his own person,
attend all these assemblies, but only such shire-courts as required the
greatest solemnity, and where his presence was in a special manner neces
sary,1 from the nature of the business there to be transacted ; the priest
who sat in his stead, in the county business, or any smaller gemote, might
be called the king's priest.

36. 17. Burglary committed in the king's borough, is one

L ' '' hundred and twenty shillings* ; in the archbishop's, ninety;
in another bishop's, or alderman's, sixty ; in a man's that is
rated at twelve hundred shillings, thirty shillings ; in a man's
that is rated at six hundred shillings, fifteen shillings ; break
ing up the fence of a common man, is five shillings ; if this
happen " when the army is out, or in Lent, the mulct is
doubled. If men without leave take down the * holy veil in
Lent f, let satisfaction be made with one hundred and twenty
shillings.
1 The punishment of breaking houses, or fences, when the army went
out was doubled, because the violence of the soldiers at such times, needed
a greater restraint. It was doubled in Lent, on account of the solemnity at
that time.
' The Lenten veil was a curtain, drawn between the altar and the people,
during mass, whereby the people were prohibited from seeing any thing
that was done : this was to shew the want of divine light and knowledge
under the law says Durandus J, 1. i. c. 3 ; and by this, and other manage-

[40. The king's ' burh-bryce' shall acknowledging it, is thus made to it-
be cxx. shillings, T.] tend the subject The halrg-pyhc
t [LiJ mon in Lenceen halij pyht may refer to the canons of the Church,
in folce bucan leajpe alecjge. If any which prohibit all games, festivals,
one in Lent put down holy law among christenings, marriages, &c, during
the people without leave.T.] this sacred season; and the ' putting
" All the MSS. agree in this reading. down of holy law' may have meant the
Lambard, and after him Wheloc and permission of such ceremonies or pas-
Wilkins, read halrg-iiyjx, which is times, and any neglect of the rigid fast
supported by all the Latin MSS. 'Si enjoined. See Bingham's Origines,
quis in Quadragesima sanctum velum xxi. 1, 22, 23." Ancient Laws, &c, p.
in populo sine recto deponat emendet 39, note a.]
c. viginti sol.' This, if the true read- J [Notandum est quod triplex genus
ing, would refer to the ' velum Quad- veli suspenditur in Ecclesia, videlicet,
ragesimale,' which during Lent was quod sacra operit, quod sacrarium
hung before the altar while the Liturgy clero dividit, et quod clertun a populo
was read. Du Cange, Velum. It is, secemit, etc. Durandi Rationale, lib. i.
however, difficult to resist the united c. 3. n. 35.]
authority of all the Anglo-Saxon texts The early use of a Lent curtain (cor-
notwithstanding the obscurity which by tina inter cliorum et altare) in England
 A.D. 877.] LAWS ECCLESIASTICAL. 327

incuts of the pope, and his under-agents, the times of Christ, and His
Gospel, were as dark as those of Moses. We are not to wonder the people
took it ill, to be debarred the sight of what they might in part view at
other times, and therefore tore down these veils. And it is probable, this
veil was a new invention, and therefore the more highly resented by the
people ; and for that reason a severe law was necessary to restrain their
fury.
[on jrolc was here by oversight omitted in the translation, which is [Addenda.]
therefore thus to be altered ; viz., If any man without leave take down
the veil [which hangs] before the people in Lent, &c Textus Roftensis
hath pyhc instead of fire, through mistake I doubt not]

18. We decree, that the man that has land holden by 37.
written instrument, which his kindred left him, may not give t*1, T-J
it away from his kindred ; if there be either writing or wit
ness, that a charge was given by those who first purchased
it, and of them who gave it to him, that he might not so do,
and it were so declared * before his relation by the testimony
of the king and x bishop.

* [Textus Roffensis hath jrob bob for jopbob.] [Addenda.]

By this it appears that the presence of the bishop was very proper,
if not necessary, in transacting and confirming civil disputes and rights of
moment.

19. y And we command that he who knows his foe to be 88.

at home, do not assault him till he have first demanded t*2, T-3
right of him. If he have strength sufficient to beset and
confine him, he may do it for seven nights, but not assault
him if he keep within doors. And if he will within seven
nights come to hand and surrender his arms, let him keep
him safe thirty days, and let him have communication with
his kinsmen and friends. If he run to the church, let honour
be done to the church, as we above declared. If he have not
strength to beset him, let him ride to the alderman and de
mand his help ; if he deny his assistance, let him ride to the
king, before he make an assault. A man may make
assault without mulct, if he find another man with his wife,

may be Been, Constit. Lanfranc, A.D. 'Open Lent-bieach' is explained Laws

1072, Wilkins.vol. i. p. 332 ; but the Sec. King Cnut c. 48. Thorpe, p. 173.
note last quoted from Ancient Laws, translated below, A.D. 1018, c. 18.]
&c., seems to prove that King Alfred [And then let that be declared,
does not here speak of such a curtain. T. j
 328 king Alfred's [A. D.877.

and the doors shut, or under one covering with her, or with
his daughter, born in wedlock, or with his sister, lawfully
born, or with his mother, lawfully married to his father.
' I added thus much of this law to Sir H. Spelraan's collection, not only
to shew the nature and occasion of deadly feuds ; but to explain the second
and fourth law concerning sanctuaries.
39. 20. * Let these days be indulged to free servants, but not
[43, r.j 0 s]aves an(j "drudges*, twelve days at Christmas, the bday
on which Christ prevailed against the devil, and St. c Gregory's
mind-day, seven days before Easter, and seven after, and one
day at d St. Peter and St. Paul's-tide, and a full week before
e St. Mary's-mass in harvest, one day [for] the celebra
tion of All-Saints. And the four Wednesdays on the four
Ember-weeks f, are indulged to all slaves, to bestow what
time is given them in God's Name, to such as are most
beloved by them ; or f they may on any of these intervals
earn [by their labour].
[Addenda.] " [The meaning of the first part of the law I take to be this, that on these
days there should be a Justitium or non-term, or that all proceedings at
law against freemen should cease during these times ; but that notwith
standing this, slaves and villains might be corrected, or called to an ac
count by their lords on these days.]
* The Jorval Lat. has, pauperes operario8%. Therefore the Saxon copy
used by that translator, had pyphtum, not pihtum, in which I follow him.
[Addenda.] [Textus Roffensis, pyphtum.]
* Ascension-day, or the first Sunday in Lent. The series favours this.
March 12.
[Addenda.] [The English' in these ages had a tradition amongst them, that Pope
Gregory's last prayer was, "0 Saviour Christ receive my spirit, and I
beseech Thee, that what man soever keeps my mind-day on earth, do Thou
avert all disease from his house. Let not the fiend, nor the destroyer, nor
hunger, nor pestilence approach him." What Bede in his Latin calls diei

[43. To all freemen let these days 826, 827.]

be given, but not to ' theow-men' and X [Thorpe, p. 496.]
' esne'-workmen.T.] [The above prayer was not as-
f Mr. Thorpe makes the first sen- cribed to Pope Gregory, but to St.
tence end here, and translates the re- George, Knight and Martyr, the p-
mainder thus ; iron saint of the English, and is pre-
"To all ' theow'-men be given, to served in a Saxon martyrology at the
those to whom it maybe most desir- 23rd of April, St. George's day. See
able to give, whatever any man shall Selden's Titles of Honor, Part II. c. 5.
give them in God's name, or they at 43, p. 812, and Somner's Diet. Sax.
any of their moments may deserve." art. Lemynbe. The festival of Pope
Johnson's translation seems to agree Gregory was specially enjoined (see
with the Anglo-Saxon and the Latin above p. 250) by the Canons of Clove-
version aa in Brampton x. Script., p. hoo A.D. 747. c. 17.]
A.D. 877.] LAWS ECCLESIASTICAL. 329

depositionis Cwthberti, his translator turns hip semynbe-baege, and popb-

Fope, his mind-day, and decease, or obiit*. Therefore it may be doubted
whether Gregory's and Cuthbert's day were proper festivals ; for every
man of note had his mind-day observed, that is, certain obsequies or ser
vices performed in behalf of his soul at the end of every month, or year.
Yet probably none were continued so long as Gregory's had now been, ex
cept he were a reputed saint ; for Gregory had now been dead above two
hundred and fifty years.
d June 29.
Assumption, Aug. 15.
' This was one means by which slaves might get a property of their
own. In the sermon of Lupus, at the time when the Danes exercised the
greatest outrages against the English people, one great grievance there
mentioned is, That slaves could not have what with great difficulty they
had earned in their own spare times, Saxon, on aganan lijulan, not diuturna
sui temporit uxura, as it is rendered, Dissert. Epist., p. 100.

[The passage of Bede, to which eorum, jussitque ut die depositions

Johnson refers, relates the assent of the ejus, hoc facere meminissent. .
bishop of Lindisfam to the moving of -jhehecJshi1Sbybon'5y basje'Sehir
the body of St. Cuthberht into a new gemynb ba?g psepe ~j hip, poppjrore.
tomb on the eleventh anniversary Bed. Hist. Eccl., iv. 30. ed. Smith, p.
(March 20, A.D. 698) of his decease. 179. 608. Cf. Vita S. Cudb., c. xxviii.,
Quod dum sibi placuisse Eadberto xlii., p. 250. 261, and above, Canons of
antistiti suo referrent, annuit consilio Cealchythe A.D. 816. c 10.]
 A.D. DCCCLXXVIII.

KING ALFRED'S AND GDTHKUN'S LAWS ECCLESIASTICAL*.

Pbeface.

Since the Danes had first begun to make descents and in

roads upon the English, the face of affairs in this nation was
very deplorable. Between the rapines of the enemy, and the
demands of our kings, for the defence of the people, the
nation was greatly impoverished; little regard was paid to
the law; churches and monasteries were either demolished,
or deprived of divine service ; learning was wholly neglected :
but when Alfred came to the throne, he gave a great and
happy turn to the face of affairs. He was a king of a martial
spirit, and is said to have fought fifty-six battles, by land
and sea : and within seven years after his advancement to
the throne, he so far reduced the Danes, as to bring them to
terms of agreement. Their king Guthrun professes Chris
tianity, and is baptized, Alfred standing godfather at this
solemnity : he relinquishes all further pretensions on King
Alfred and his people, on condition that he might have the
kingdom of Northumberland, and of the East-Angles : and
these are the religious laws by which they are agreed to ad
minister their government ; for I conceive that as to civil
matters, both kings were left to their own native laws. The
truth is, King Alfred seems to have studied nothing but
religion and war; and in these respects he clearly excelled
all his ancestors, the monarchs of all England, and was there
fore deservedly called Alfreu the Great. The new arts of
civil government and foreign trade, have swelled the volumes
of our laws in these later ages.

[' The Laws of Edward and Guthrum," T.J

 PREFACE. 331
It is certain that this Guthrim, who made an alliance with
King Alfred, died long before Edward came to the English
throne * ; but then it is as certain, that King Edward made,
or renewed this alliance with the Danes, A.D. 907. And
though the former Guthrun were then dead, yet another of
that name might then reign in Northumberland, and East-
England: and this preface intimates that these laws were
more than once enacted by common consentf.
[Yet it is most probable that the renewal of these laws by King Edward [Addenda.]
and Guthrun is an interpolation.]

["Guthrum, king of the invading to them the following two sentences

Danes, after being worsted in battle by which are not in the other editions:
Alfred, was baptized in the year 878 j 'AGAIN HIS AND GUTHRUM'S
and having evacuated Wessex accord AND EDWARD'S.'
ing to treaty in the following year, he ' These are the dooms which King
took possession of East-Anglia in 880. Alfred and King Guthrum chose.'J
which he seems to have governed till f [" The party to this treaty with
his death in the year 891. See the Edward was apparently a second Guth
Saxon Chronicle." Ancient Laws, &c, rum, who, according to Wallingford
p. 66-7, note a. (pp. 539, 540), was living in Edward's
'Alfred and Guthrum's Peace,' to time, and probably succeeded Eohric,
which the foregoing note is subjoined, the immediate successor of Guthrum I.
consists of five articles wholly secular, See Sax. Chron., a" 905 ; Sim. Du-
and different from the laws given by nelm., a" 906; W. Malm., L i. c. 6."
Johnson in the four next pages : but that T.
these last-mentioned laws were first Wilkins gives the following laws
agreed upon between King Alfred, and under A.D. 905, from Spelmau and
Guthrum, seems as certain, as that the the Textus Roffensis, but Johnson's
copy now remaining of them presents date for the renewal agrees with the
them as renewed by King Edward, A.D. Saxon Chronicle.
907, and not as originally enacted about On bam llcaii Kepe man Sejraeftnobe
A.D. 878. Johnson's supposition of an bone rpift * Ymngajropba, rpa rpa
interpolation is a mere device to get rid eabpeapb cyng Jepajbbe, a?s$ep ge
of a difficulty much better explained by piS t'arc-Cnsle, Re jufi NopShymbpe.
the note quoted below from ' Ancient In the same year was established the
Laws,' &c, where these laws are called, peace at Yttingford as King Edward
eniDesRDessND LUTHRUooes decreed, both with the Danes of East-
DOODJCS.TH E LAWS OF EDWARD Anglia, and those of Northumbria.
AND GUTHRUM, and have prefixed See Saxon Chronicle, A.D. 907.]
 A.D. DCCCLXXVIII.

Saxon. This is the ordinance that King Alfred and King Guthrun,
Sir H. and afterward King Edward and King Guthrun, made and
Spelman,
vol. i. p. published, when the English and the Danes received each
390.
[Wilkins, other into perfect peace and friendship, and the wise men in
vol. i. p. after times, have full oft renewed and improved them for the
202.
Thorpe, better ; that is,
p. 71.] In the first place they declared that they would love one
God, and abandon all heathenism in earnest. *And they
have enacted a just secular law, because they knew that they
could not otherwise govern many, who would not submit (as
they should) to ecclesiastical discipline. And they have de
creed a secular discipline between Christ and king, in all
cases, where men were unwilling to conform to ecclesiastical
discipline, with a just regard to the authority of the bishops,
viz.,
1. That the peace of the church within its walls, and the
peace of the king's right hand be equally inviolable.
2. And if any one do reject the Christian religion, or shew
his election for heathenism, let him pay his weregild, and a
mulct, and a fine in proportion to the fact.
* The mulct, pice, always belongs to the English, the fine, or lahrliwt,
always to the Danes.

3. If a man in orders steal, or fight, or forswear, or com

mit uncleanness, let him make satisfaction, in proportion to
the fact, both by his weregild, by mulct, and fine : especially

[Mr. Thorpe thus translates the re they established in common to Chnit

mainder of this law without variation and to the king, wheresoever a n""
of reading. would not lawfully submit to divine
" And they established worldly rules 'bot' by direction of the bishops."]
(popolbhce jreopa) also for these rea f [This Danish name for a fine is de
sons, that they knew that else they rived from laje(the final g and * f
might not many controul, nor would interchangeable)' law,' and ylican,
many men else submit to divine ' hot' ' to slit' See Ancient Laws, &c, p. 7
as they should : and the worldly ' bot' note a.]
A. D. 878.] k. Alfred's and gtjthrun's laws eccles. 333

let him make satisfaction to God, as the canon directs, and

find a surety, or be put into gaol. If the mass-priest misin
form the people, concerning a feast or a fast, while he is cele
brating offices, let him pay thirty shillings among the Eng
lish, two * marks and half* among the Danes. If the mass-
priest do not fetch the chrism duly c at the appointed time,
or refuse to baptize in case of necessity, let him pay a mulct
among the English, a fine among the Danes, that is, twelve
d ores, t If a man in orders commit a capital crime, let him
be reserved to the bishop's doom.
b A mark was thirty pence.
* Maundy-Thursday.
4 An ore was an ounce.

4. As to incestuous persons, the wisemen have decreed,

that the king have the better of them, the bishop the worse,
unless satisfaction be made, both toward God and toward the
world, in proportion to the fact, as the bishop directs. If
two brothers, or two near kinsmen, lie with the same woman,
let them make satisfaction with diligence, according as it
shall be agreed, both by weregild, by mulct, and fine, in pro
portion to the fact.
5. If one that is to suffer death for his crimes desire 'shrift,
let it never be denied him : and let men for the mercy of
God, 'promote every divine ordinance, and regulate punish
ment according to the wisemen J.
* Confession and absolution.
' Jorv. Lat. Pacificenter. The translator read rpibrje, but jrpbpige is
better ; and I should read torctebon, rather than colsebon.

6. If one withhold his tithes, or his Rome-fee, or do not

pay his slight-scot , or his plough-alms %, or deny any eccle-
* [J>peo halr-[mapc], three half- and by the 'wites' which the ' witan'
marks, T. See Ancient Laws, p. 66. have annexed thereto. T.]
note b, quoted below, p. 34+, note J.] [Leohc-Serceor, Symbolum lu-
+ [The remainder is appended to minis, a tax for supplying the church
the next law in 'Ancient Laws,' &c, but with lights. Thorpe, Glossary. See be-
the other editions agree with Johnson low, A.D. 1009. c. 12. and 1017. c.
in placing it here.] 12.]
j [Snd ealle Lobe)- gepihco rop- If [' De qualibet carruca juncta inter
5ij;e (rypftpie, B. MS.) man Jeopne be Pascham et Pentecostem, unum dena-
T,obef milt>]-e, ) be bam pican be pitan riuin, qui dicitur Plow- Alines.' Mo-
co-leban. And all God's dues let every uast. Angl. i. f. 256. quoted in Ancient
one zealously further by God's mercy, Laws, p. 73, note b.]
 334 king Alfred's and gtjthrtjn's [A. D. 878.

siastical rights, let him pay a mulct among the English, or a

fine among the Danes. If he fight against [those who de
mand it] and wound a man, let him forfeit his life *, if he
kill a man, let him be out-lawed ; and let all that love right
pursue him with h hue and cryt: and if he cause men to
kill him, by opposing the right of God and the king, and if
this be averred, let him lie without any satisfaction.

' Here is first mention of the light-scot.

* I read, hpeame, rather than heapme, especially hecause Jorval Latin
has it, cum clamore.

7. If any man set goods to sale on Sunday, let him forfeit

those goods, and twelve ores among the Danes, thirty shillings
among the English. If a freeman work on a festival day, let
him forfeit his freedom, or pay his mulct or fine : let the slave
forfeit his hide, or a compensation for it. If a lord force his
servant to work on a festival, let the lord pay a fine among
the Danes, a mulct among the English.
8. If a freeman violate a solemn fast, let him pay a mulct,
or fine : if a slave do it, let him forfeit his hide or a com
pensation for it.
9. Oaths and ordeal are forbidden on festival-days, and
solemn fast-days. He who breaks this, pays a fine among
the Danes, a mulct among the English. Let no execution
be done on any man on the Sunday festival, (if possible,) but
let him be kept till the festival is past.
10. If a malefactor, having forfeited himself, have had a
limb cut off, and being left to himself survive the third night ;
afterwards he that is willing to take care of his sore and soul,
may help him, with the bishop's leave.
11. If it be known that there are any where in the land,
witches, conjurers, forswearers, such as murder by secret arts,
or foul, filthy, open whores, let them be 'driven off the earth,
and the nation purged ; ' or let them wholly get them gone

[beo hip peper pcylbij;, let him pille, without the change of reading
be liable in his ' wer.' T. Johnson read suggested by Johnson and also by Wil-
as Lambard, Spclman, YV'ilkins, beo kins. Compare Thorpe, p. 73, note c ;
hip jreopher rcylbiS-] Laws Sec. of K. Cnut.c. 29. 49. p. 168.
t [There is little doubt that this is 173; and the glossary art ' Hream'
the true meaning of the words, t hip or ' lieann.'J
hence mib heapme sic J>aepa )>e pihs
A. D. 878.] LAWS ECCLESIASTICAL. 335

of themselves*, except they desist, and make deep satis

faction.
1 [Textus Roffensis hath rj-jne for Fyppe, this may signify to.basten them [Addenda.]
off the earth.]

12. If a man in orders, or a stranger, be seduced to any

thing that touches his goods or life t, then shall the king, or
the kearl of the country, or the bishop of the people, be, instead
of kindred, an advocate to him, if he have none else. But let
him make satisfaction to 'Christ and the king, with all dili
gence, in proportion to the fact : or else let the king that is
over the people severely punish the crime {.
* The earl was next above the alderman ; his weregild was equal to
that of an archbishop, as you may see in the memorials subjoined to the
memorials of King Ethelstan, DCCCCXXV [., No. 2. ; whereas the alder
man's was but equal to that of a bishop ; yet these titles are often con
founded in ancient monuments.
1 By this was meant penance.

[oJ>J>e on eapbe piprape hjr mib any means, as to money or as to life,

ealle, or let them totally perish within T. Compare K. Ethelred, A.D. 1014.
the country. T.] c. 33. Thorpe, p. 148.]
+ [xii. tij man Jehabobne obbe J Lambard and Spelman remark,
seltSeobiSne j>uph enij bing poppeebe ' Detideranlur nonnulta,' and Thorpe
setjreo obbeaet reope, If any one wrong adds a passage with the title, 'How a
an ecclesiastic or a foreigner, through twelve-hynde man shall be paid for.'
 A.D. DCCCCVIII.

PROVISION FOR FILLING VACANT SEES.

Preface.

About this time this whole nation was under the pope's
curse, or interdict, as Sir H. Spelman, p. 389, on account of
the long vacancy of several bishop's sees*. It is said the
West-Saxons had been without any bishop for seven years
together, but on the coming of the pope's bull, the king that
then was, viz., Edward the Senior, and Plegemund archbishop
of Canterbury, in a synod where the archbishop presided,
erected five dioceses in West-Saxony instead of the two that
were before, and nominated bishops to fill them ; but they
were not consecrated till Plegemund had first been at Rome
and laid the proceedings of the king and synod before the
pope, and purchased his reconciliation with costly presents;
and on his return he consecrated those five bishops, as also a
sixth for the South-Saxons, a seventh for the Merciansf.
There is a provision in the pope's bull which deserves to be
made a law in every Church in the world, by some better au
thority than that of a pope, and which I here insert.
[This preface is taken from Will, tionis, MS. Cant) retrahentes, Dei
Malm. De gest reg., lib. ii. c. 5, and omnipotentis et B. Petri apostolorum
MS. Regist. Cant A. f. 3, quoted by principis benedict ionem vobis mitli-
Spelman and also by Wilkins, but the mus, orantes, ut in bene coeptis perse-
letter or ' bull ' of Pope Forme.su s III. veran tiam habeatis, etc. Epistola For
gives a different reason for the 'curse,' mosi Papas ad episcopos Angliae. Wil-
or rather excommunication, and does kins, vol. i. p. 200.]
not mention the name of Edward as t [Rediens in patriam in urbe Can-
king of England at the time. tuaria uno die septeni episcopos septem
Fratribus et filiis in Cbristo omni- ecclesiis ordinavit; Fridestanum ad
busepiscopis Angliae, Formosus. Audi- ecclesiam Wintoniensem, Adelst&num,
to, nefandos ritus paganorum partibus ad Cornubiensem, . Werstanum ad
in vestris repullulasse, et vos tenuisse Schirebornensem, AthelelmumadVfel-
silentium, ut canes non volentes latrare, lensem, Eidulfum ad Cridiensem in.
gladio separatioms a corpore Dei ec- Devonia. Sed et aliis provinciis con-
clesia ferire deliberavimus. Sed quia, stituit duos episcopos Australibus Sax-
ut nobis dilectus frater noster I'iei- onibus virum idoneum Bernegum, et
mundus intimavit, tandem evigilastis Merciis, Cenulphum, ad civitatem Dor-
et semina verba Dei olim venerabiliter cestrise in pago Oxonia?. W. Malm. De
jacta in terra Anglorum ccepistis reno- gest. Reg., lib. ii. c. 5.]
vare; mucronem devorationis (devota-
 A.D. DCCCCVIII. Sir h.1""
Spelman,
That for the future when any bishop dies, there be no^jgg
delay in placing another in his stead. [Wilton,
p. 200.]
I am sensible there must be an error in ascribing this bull [Post-
scri Dt. 1
and provision to Pope Formosus, who died A.D. 895, near six
years before King Alfred's demise and Edward's accession*.
But if we substitute Sergius for Formosus, all runs clear; he
came to the popedom little, if at all, before the year 908 : then
King Alfred had been dead seven years, and he is acquitted
from all blame as to the long vacancy of the sees, and parti
cularly that of Winchester, which was his own royal seat.
And who can wonder if the monks chose to report this papal
act as done by Formosus, who was a popular pope and made
more popular by the barbarous treatment of his dead corpse
and memory, than by such a monster of a man and pope as
Sergius proved, and more infamous for nothing than for join
ing the enemies of Formosus, and out-doing them all.

[Though I see no other reason to alter the date of this remarkable call [Addenda.]
of bishops, and erecting of new see3, yet I am free it should be removed
to the year after this, that I may have one chronologer with me in
this point, I mean Radul. de Dicetof. The Saxon Chronicle does indeed
say that Dcnulf, bishop of Winchester, did not die before this year ; but
he might be driven from his see, and there is reason to believe he was so
many years before. As for Asserius, there is nothing so uncertain as the
time of his coming to, and leaving the see of Sherburn ; and some doubt
whether he was ever bishop of that see. The Saxon Chronicle as to this
point is an uncertain evidence, and therefore none at all ; so that the sup-

[' Error hie inextricabilis,' says lowed not immediately but some years
Spelman, and the chronological diffi- afterwards, A.D. 90+ 910, by the ap-
culty is fully admitted by Wilkins and pointment of seven bishops. Cf. Observ.
Mansi. The most reasonable suppo- P. Antonii Pagi (in Baronumi) ad an.
sition seems to be that the account of Ch. 89+. n. 9. et seq. ap. Concil. Mansi,
William of Malmsbury in many parti- torn, xviii. p. 1189. Sax. Chrnn. ed.
culars requires correction by earlier Ingram. A.D. 909 10. Cod. Dipl.
evidence, and that the letter or bull 1090, 2, , 5.]
here quoted was sent by Formosus f [Scriptores x. p. 453,1. 10.]
P. III. A.D. 8916, which was fol-
338 PROVISION FOR FILLING VACANT SEES. [A. D. 908.

position of these two sees being full till the year 909 is of no force. In
truth, if the Saxon Chronicle do at all take notice of Asserius's death, it is
in the year 910. And in this particular no one follows or agrees with this
chronicle, (compare the two editions of the Saxon Chronicle at the year
910, and observe the difference.) However hard to be adjusted the chro
nology and the succession of the bishops of Winchester and Sherbum
are at this time, yet I see no reason to doubt of the main facts, and parti
cularly that the sees of Wells, Kirton, and Cornwall were now erected and
filled with bishops. It is said that the Cornish people till this time opposed
the Apostolical decrees, that is, they were not in communion with the
Church of Rome or England, but with the Welsh and Irish Church.]
 A.D. DCCCCXXV.
KING ETHELSTAN'S LAWS ECCLESIASTICAL.

Preface.

This year Ethelstan was crowned king, and Wulfhelm con-

secrated archbishop of Canterbury ; then, or some few years
after, they made twenty-six laws, whereof these following
are ecclesiastical*.

A.D. DCCCCXXV.

I Ethelstan, king, by the advice of Wulfhelm, my arch- Saxon.

bishop, and other my bishops, command all my reeves in the gpeiman
name of the Lord and His saints, that they do in the first vol. i.
place give tithes of all my estate, both of the living stock, 'and [wiikins,
of the fruits of the earth t, and that all the bishops do the same vo1- '
r p. 205.
Tliorpe,
[These laws were made at a conn- W. ' and of yearly fruit,' T. Johnson P- 83.
cil of Greatanlea, supposed to be following the old Latin version in * A.
Greatley near Andover, Hants, (An- Brompton (Script, x. p. 811.) here P- 512.]
cientLaws, &c.,p. 91, note). Mr.Thorpe omits the word 'yearly,' probably be-
gives King Ethelstan's first paragraph cause, according to the opinion ex-
from MSS. D. and G., together with pressed in his preface to the laws of
Lambard's text (followed by Spelman, King Alfred, A.D. 877, he supposed
Johnson, and Wilkins), of the first and the payment of tithes of the yearly in-
second paragraph as an important va- crease to be already too firmly esta-
riation from those MSS. which do not blished to be made the subject of a
contain the second paragraph. The legal enactment at this time. Perhaps
rest of the laws at Greatanlea are taken a necessity for King jEthelstan's law,
by Mr. Thorpe from the Textus Rof- or declaration, arose from the shock
fensis, with variations from Lambard. which every institution, civil and eccle-
The two initials L. T. when placed to- siastical, received in the Danish inva-
gether in the following notes mean that sions. On the payment of tithes in
the Saxon words quoted are the same England before this date, see, in this
in the text of Lambard used by John- volume, A.D. 7+0. c. 4, 5, 24, 99, 100.
son as in that given by Thorpe from A.D. 785. c. 17. A.D. 877 Pf. A.D.
the best MSS. now extant.] 878. c. 6. A.D. 1001. c. 8. note.]
' t [Se >*r Sphcer pejrniej-, L. S.
y 2
 340 KING ETHELSTAN S [A.D.925.

of all that belongs to them, as also my aldermen and reeves.

And my will is that my bishops, and aldermen*, and reeves,
give this in charge to all that are subject to them, and that
they do it effectually by the time that we here fixed, that is,
the beheading of St. John Baptist. Let us consider what
Jacob said unto the Lord, " I will give Thee my tithes, and
[Mat. xxv. "my peace-offerings." And what our Lord saith, " To all them
29.] that have shall be given, and they shall abound :" and we
may remember what, to our terror, is written in this bookt,
b"If we are unwilling to pay our tithe, the nine parts shall
be taken from us." It is not my will that ye get any thing
for me by indirect meansj.
[The words 'and aldermen' are at each 'burh,' and beseech yon, in
here inserted without authority.] God's name, and by all His saints, and
f [on birrum bocum L. in these also by my friendship, that ye first of
books, T. Thorpe's text has on bo my own goods render the tithes both of
cum, ' in books.'] the live stock and of the year's earthly
J [The last part of this paragraph fruits, so as they may most rightly b*
is abrid;. ed from Lambard's text, which either meted, or told, or weighed out:
in this place is thus translated by Mr. and let the bishops then do the lite
Thorpe ; from their own goods, and my 'ealdor-
"We may, moreover, think on this men' and my reeves the same. And I
which fearfully in these books is writ will, that the bishop and the reeves
ten : ' If we will not give our tenths, command it to all those who ought to
the nine parts shall be taken away from obey them, that it be done at the right
us, and the tenth alone shall be left term. Let us bear in mind how Jacob
unto us.' The divine doctrine exhorts the patriarch spake : ' Decimas et hos-
us that we should earn the heavenly tias pacificas offeram tibi,' (cf. Gen.
things with the earthly, and the ever xxviii. 22;) and how Moses spake in
lasting with the transitory. Now ye God's law, ' Decimas et primitias non
hear what the Lord commandeth us, tardabis offerre Domino.' (Exod. xxii.
and what it behoveth us to fulfil. Do 29. Vulg.) It is for us to think how
so that ye acquire those things which awfully it is declared in the books: If
ye for me may rightly get ; I will not we will not render the tithes to God,
that ye get for me any thing with that lie will take from us the nine parts
wrong. If I grant to you all your when we least expect; and moreover
things on the condition that ye for me we have the sin in addition thereto.
acquire mine, be ye warned, and those And I will also that my reeves so do,
who unto you belong, of God's ire and that there be given the Church-
mine." scotts and the soul-scotts at the places
The text from MSS. D. and G. is to which they rightly belong ; an
nearly to the same effect, but more ex plough-alms yearly on this conditi' n ;
plicit, and is quoted by Mr. Kemble as that they shall enjoy it at the boly
the earliest legislative enactment on places who are willing to serve their
the subject of tithes in the Anglo- churches, and of God and of me are
Saxon laws, although the payment of willing to deserve it : but let him who
tithe had become very general in will not, forfeit the bounty or f!""
England at an earlier period. See turn to right. Now ye hear, saith the
Saxons in England, Bk. II. c. x. p. king, what I give to God, and what ye
476, and App. B. p. 51.5. Mr. Thorpe ought to fulfil by my ' oferhirncs.' And
gives this as the authentic text and do ye also so that ye may give tome
thus translates: my own what for me ye may justly ac*
" I /Ethelstan, king, with the counsel quire. I will not that ye unjustly any
of Wulfhelrn, archbishop, and of my where acquire aught for me ; but I*1"
other bishops, make known to the reeves grant to you your own justly on thu
A. D. 925.] LAWS ECCLESIASTICAL. 341

This is an interpolation. See Gen. xxviii. 22.

[The tithing mentioned in this Saxon preface must have been only an [Addenda.]
occasional tithing*, (not paying a stated yearly tenth,) and probably to be
given in alms to the poor.]
b This is a saying of Ambrose f.

' I Athelstan, king, declare to all my reeves, with advice

of archbishop, bishops, and servants of God, that it is my
will that for the forgiveness of my sins ye always feed one
poor Englishman, and give him, from two of my farms, every
mouth an c amber of meal and a gammon of bacon, or one
ram worth four pence; and one dshroud every year for the
twelve months [wear] J ; and that ye set at liberty some one
that has for his crimes been condemned to slavery, for the
mercies of Christ and for my love, with the testimony of the
bishop in whose district it is ; and if the reeve withhold it,
let him pay thirty shillings as a satisfaction, and let the
money be distributed to the poor who dwell in the town
where this omission was made, under the bishop's testimony.
* The certain quantity of this measure is now unknown .
* A garment that covered the whole bodyI.

2. And we decree against breaking into a church, if the 5-

man appear guilty by the e threefold ordeal, let him make
satisfaction as the fdoom-book directs.

* The most common ordeals were those of hot iron and hot water. In
the first, simple ordeal was carrying one pound of hot iron : twofold ordeal

condition," that ye yield to rne mine; same text of Lambard ;

and shield both yourselves and those " I Athelstan, king, make known to
whom ye ought to exhort, against God's all my reeves within my realm, with
anger and against my 'oferhirnes.'" T. the counsel of Wulfhelm, my archbi-
' Oferhirnes' means contempt of the shop, and of all my other bishops and
king's authority, or the penalty an- God's servants, for my sins' forgiveness,
nexed to such contempt See the word that 1 will that ye entirely feed one
in Thorpe's Glossary.] poor Englishman, if ye have him, or
* [The foregoing note shews that that ye find another. From two of my
tithes properly so called, are here meant ' feorms' let there be given him every
as expressly stated in Kemble, Sax. in month one 'amber' of meal, and one
Eng. Bk. II. chap. x. app. B. p. 545.] shank of bacon, or one ram worth iv.
f [Tibi dedit novem partes, Sibi vero pence, and clothing for twelve months
reservavit decimam partem : et si tu non every year." Ancient Laws, p. 84.]
dederis Deo decimam partem, Deus ['Ambera measure of four
toilet a te novem partes. Sermones S. bushels.' Glossary, ibid.]
Jmbrosio haclenus adscripti. xxv. 2. If [The word j-cpub, which Johnson
Op. S. Ambrosii, torn. ii. App. p. 425 translates by its derivative ' shroud,'
C. Cf. Can. Cealc. A. D. 785, c. 17.] means merely ' clothing.']
'J [Mr. Thorpe thus translates the
 342 KING ETIIELSTAN's [A.D. 925.

was carrying two pounds : threefold ordeal was carrying three pounds for
the space of nine feet. The simple ordeal in hot water, was taking & stone
out of boiling water, hanging by a string no deeper in the vessel than that
a man might take it out by dipping his hand no farther than the wrist :
twofold ordeal was when the stone hung so deep in the water that the man
must dip his hand halfway between the wrist and elbow : threefold ordeal
was when he must dip up to the elbow. There was another ordeal used
for the most inferior sort, that, I mean, of cold water : still used by igno
rant people in trying witches. See law 5, below.
' That is a book containing the foregoing law, and others now lost.

6. 3. And we decree concerning witchcraft, smagical medi

cines, and secret arts of murder ; if one have been slain and
the man cannot deny it, let him forfeit his life ; if he will
deny it, and appear guilty at the threefold ordeal, let him be
a hundred and twenty nights in prison ; afterwards let his
relations take him out and pay the king a hundred and
twenty shillings, and to his relations the price of his blood;
and let them become his sureties, that he do ever desist from
such [practices] . And let incendiaries, and such as vindicate
thieves be [thought] worthy of the same treatment. And let
him that will vindicate a thief, though he wound no man, pay
to the king a hundred and twenty shillings for his insult
against law.
Lyblac is, by Lambard and Somncr, said to be a barbarous sacrifice ;
the latter supposes that it was some animal burnt alive, and it must be
owned that the Saxon word is clearly capable of this meaning ; but it is
as sure that lib or lyb, signifies a charm, and lac is often a mere termina-
nation. I observe it is always put with witchcraft, magic, &c. *, excepting
the sixth law of Edmund, 944.

14. 4. A.nd we decree that the coin be the same over all the
king's dominions, and that none be minted where there is no
hgate+. If the coiner offend, let the hand with which he
committed the crime be struck off and set up over the mint
ing house J. If he be accused and will purge himself, then let
him go to the hot iron, and let the hand with which he is ac-
[Liblac Veneficium, witchcraft, f [Port strictly means an enclosed
particularly that kind which consisted place for sale and purchase, a market,
in the compounding and administering Kcmh. Sax. in Eng., ii. p. 550. Thorpe,
of drugs and philtres. Old High Ger- p. 68, note b. Dn Cange, Portus.]
man, luppi, maleficium ; Iuppun, medi- J [mynet-rnili'San, money smithy,
care; .. . luppari, veneficus. Thorpe, T.J
Glossary.]
 A. D. 925.] LAWS ECCLESrASTICAL. 343

cused to have committed the crime make the purgation. And

if he appear guilty by the ordeal, let him be dealt with as is
before said. At 'Canterbury let there be seven coiners, four
of the king's, two of the bishop's, one of the abbot's. At
Rochester three, two of the king's, one of the bishop's. At
London eight. At Winchester six. At Lewes two. At Hastings
one. At Chichester one. At Hamton two. At Werham two. At
Excester two. At Shaftsbury two. At every other borough one.
h Some by popt here understand a haven, but this cannot be, because
several places mentioned in this law never were ports in this sense. A town
that has gates has also walls, and therefore was a place of greater security.
Such towns as have no gates, give freer ingress and egress to all sort of
malefactors.
' There is money still extant with Ceolnoth archbishop of Canterbury's
face on it. -
[There are also coins of Archbishop Plegemund still extant with a pall [Addenda.]
on the reverse. And the northern coins with this inscription, viz., Moncta
Sancti Petri, are believed by good judges to have been minted by autho
rity of the archbishops of York, whose church is dedicated to St. Peter.
For there is no ground to believe that they were intended for the payment
of the Rome-scot, or Peter-pence. And it is to be observed, that this
privilege of mints was not now first granted to the archbishops. Plege
mund, whose coin we now mentioned, was dead before the date of this law ;
Ceolnoth was dead fifty years before. The archbishop of York could not
receive the privilege of coining from this law, for his see and province was
under the government of a Danish monarch. I conclude that therefore
the archbishops, and some other bishops, enjoyed this royal privilege by,im-
memorial custom*.]

5. If any one make a promise of ordeal, let him come three 23.
nights before to the mass-priest who is kto hallow it, and live
on bread and salt, water and herbs, before he go to it ; and
let him stand at his masses these three days, and make
his offering, and 'go to housel the same day that he goes to
ordeal; and take an oath that he is not guilty, according to
the common law of the accusations. And if it be m water-
ordeal let the rope go two ells and a half below the surface f.

* [The earliest archiepiscopal coins 997, but renewed after the Conquest;
now extant are Jaenberht of Canterbury see Ruding's Annals of the Coinage,
A.D. 76390, and Eanbald of York vol. i. p. 126-7 f vol. ii. p. 180-1. 233
about the same time. The privilege is -+; 285-6; vol. iii. pi. 12-14; sup-
supposed to have been revoked by the plem. pi. D d, and 2 K. |
eighth law of K. Ethelred II. (Thorpe, t [Sub Sir it rjj psecep, 1> he e-
p. 126) at the council of Wantage, A.D. bujre o$pe liealre elne on pain papo.
 344 KING ETHELSTAN's [A.D. 925.

If it be iron ordeal let it be three nights before the hand be

undone. And let all his accusers be first demanded to give
their oaths*. And let them that are there, of either side, be
fasting, according to the injunction of God and the bishop :
and let there not be more than twelve of either party; if he
that is accused bring more let the ordeal be null, except they
will be gone from him.
k See the account of ordeal after these laws, and the notes there.
1 This is the old phrase for receiving the sacrament of Christ's body and
blood.
" This is meant of cold water ordeal, or swimming men to try whether
they be guilty or not guilty. The Jorval translation, as well as Lambard,
says, an ell and a half: this is only a proof t that Brompton, or whoever
was the author of that translation, did understand the Saxonic tongue but
very imperfectly, and were far inferior to Somner, and Hicks, and Marshal
in this respect ; the Saxon is |>jico healjre elne : and one ell and a half is
scarce the middle stature of a man. See Sax. Gram. p. 33 1.

24. 6. Let there be no marketing on Sundays : let

the offender forfeit the value of the goods, and pay thirty
shillings.
25. 7. Let him that takes a false oath, if it be discovered, never
be [thought] worthy to be admitted to swear afterwards ; nor
when he dies, to lie in a consecrated churchyard ; unless he
and if it be water, that he dive an ell halves,' i. e., one and a half ; but bpibbe
and a half by the rope; T. This is healjr, 'two and a half.' Dr. Hickes
also the meaning of Lambard's text, indeed makes no difference between
which is here wrongly translated by these two expressions, either in Greek
Johnson. See note ; . " The cold or Saxou : but it is certain the Greeks
water ordeal," says Mr. Thorpe, "at uniformly preserved a difference, and
least as practised on the continent, is probably the Saxons. See Casaub. in
thus described : ' The accused, having Theoph. Charact. c vi. p. 67. ed. Need-
a cord fastened round his body, was ham, and Gronov. de pec. VeL" MS.
cast into the wafer, if he floated on note, Wrangham. See next note,]
the surface he was deemed guilty, if he J [" )>ealr, half, follows the indefinite
sank, innocent. He was then iinme- declension of adjectives, and, as in
diately drawn out.' " See Grimm, D. German, &c, is placed after the or-
R. A., 923, who adds: "Herein an dinal, which it diminishes by half, a*
old heathen superstition seems to pre- obep healj- hunb bircopa, 150 bhhopi ;
vail, that the holy clement, the pure bpybbe healjr, two and a half." Hack's
stream, will receive within it no mis- Anglo-Saxon Grammar, ed. Thorpe,
doer." Ancient Laws, Sic. Glossary, No. 183.
art. Ordeal.] " This idiom does not exist when the
* [Snb orga tele man hir tnhtlan cardinal number is used. In Athels.
mib Jope-a-Se, rj> pe sep cpabon, and I. 24, we have obpe healfe, one and a
let every man begin his charge with a half, while in Lambard's text (see
fore-oath, as we before ordained. T.] var. reading) the same measure is ex-
+ [" According to the analogy of the pressed by bpeo healj:, i.e. three halm."
Greek tongue, from whence (as Dr. T. Ancient Laws, K. Alt and Guth.,
Hickes observes) this mode of speech c. 2. note b. p. (iu'.J
it borrowed, bpeo healf signifies ' three
A. D. 925.] LAWS ECCLESIASTICAL. 345

have the testimony of the bishop of the shire to which he

belongs*, that he hath made satisfaction according to what
his confessor enjoined him. Let the confessor inform the
bishop within thirty nights, whether he be willing to make
satisfaction. If he do not so, let him make satisfaction ac
cording to the bishop's injunction.
"If my reeves will not do any of this, or do less than we [26, T.]
have commanded, let them pay for their contumacy against
me, and I shall find other that will : and let the bishop amerce
the contumacy of the reeves within his district. He that de
parts from this ordinance the first time let him pay five pounds,
the second time the price of his blood, the third all that he
hath, and the friendship of us all.
This paragraph seems properly to belong to the first law.
Saxon orejihypnerre, a law term. The mulct was a hundred and
twenty shillings by the first law of King Edward.

All this was decreed at the great synod at Gratheaf, where

was Wulfhelm the archbishop, with all the noble and wise
men that King Ethelstan had called together.

Here follow some laws, or memorials/concerning ecclesiasti

cal matters, which are not in the Saxon copies, but only
in the Latin, and which Sir H. Spelman gives us, vol. i.
p. 404, &c. As Grathea was the place where king Ethel
stan held his first great council ; so we are assured that
he held several others at Exeter,' Feversham, Thunder-
feld, and London : and in some of these councils, pro
bably, these additions were made. I continue the num
bers only for the sake of reference.

8. As to ordealsj, we charge, in the name of God, and by Latin.

the precept of the archbishop and all my bishops, that no one yll0^pe'
[J>e he on lur rcpijx-rcipe ry, in I.eges Anglo-Saxonies, p. 27, but by sAXON,
whose shrift-shire he may be, T.] Thorpe it is made pan of King Ethel- Thorpe '
f [IjpearauleaSe, ' Greatanlca,' pro- Stan's laws, which follow next in the D 95- 1 '
bably Greatley, near Andover, Hants. same MS. In all the Latin copies it
This passage is given by Lambard, but is found amongst King Ethelstan's
is not in MS. H. or B. Thorpe, p. 1)1, laws. These copies dificr from each
notes a and b.] other, as well as from the Saxon text,
J [The Saxon text of this law is which seems to be an earlier and sini-
preserved in the Textus Kotfensis, im- pier form than that from which these
mediately after the Laws of King Ine, translations were made. See, in ad-
to which it is appended by Wilkin*, dition to the above references, Textus
 346 KING ETHELSTAN's [A. D. 925.

go into the church after the carrying in of the fire with which
the p ordeal is to be heated but the priest and the person to
be tried : and let nine feet be measured out from the stake
to the mark, according to the length of the person's foot who
is to be tried. And if it be water-ordeal, let it be heated till
[Addenda.] it boils*. [Let the caldron be made of iron, brass, lead, or
clay. This is not only in tlie St. James's Lat., but in the Text.
Roff. Saxonic] And if it be a single accusation, let the
hand be dipped to the wrist only to take out the stonet ; but
if the accusation be threefold, then let it be dipped to the elbow:
and when the ordeal is ready, let two of each party come in,
to see that it be sufficiently heated, and let an equal number
of both sides enter, and stand on each side of the ordeal along
the church ; and let them all be fasting, without having been
with their wives the foregoing night ; qlet them humble them
selves at the priest's sprinkling the holy water upon them J ;
and let the priest give them the holy Gospel book and the
sign of the holy cross to be kissed. And let no man increase
the fire after the 'consecration is begun ; but let the iron lie
in the fire till the last collect, then let it be laid *on the
pillar : and let nothing be said, but prayers to God, that He
[Not in may reveal the truth : [and let the person accused drink holy
K0 J water, and let the hand in which he is to carry the ordeal be
sprinkled with it %. Let the nine measured feet be divided
into three parts, containing each three feet. Let him place
his right foot at the first mark at the stake, at the second
mark let him put his right foot foremost, when he is come to
Roffensis, ed. Hearne, c. 8. p. 12-3 j aquam benedictam utraque parte,
K. Atlielstan's laws, IV. c. 7 ; Thorpe, V. A.]
p. 96 ; Brompton in x. Script., p. [uppan bam rcapelan, upon the
855.] 'stapela.' Stapela, which may also
[cS it hleope copylme, till it low mean a pile (of wood, &c.) seems in
to boiling-, T. donee excitetur ad bulli- this place to be synonymous with
turn, V. A.] ttaea, (stake,) T.]
f [bure reo hanb aijren bam jrane ^[ [et sic adeat, added, S. and V. A.
ob ba ppirre, let the hand dive after The ' Versio Antiqua' gives the next
the stone up to the wrist, T. ; inmerga- four sentences thus ;
tur manus post lapidem, vel examen, Novem pedes mensurati distinguan-
usque ad priste. V. A.] tur inter terminos. In primo signo
J [t pppaense re ma?rre-ppeorr sccus stacam teneat pedem suum dex-
halrj-pserep orep his ealle, -f heopa trum ; in secundo sinistrum pedem;
;elc ahypij;e ba->r halis-prerejier. And in tercium signum quando ferrum
let the mass- priest sprinkle holy water projiciet et ad sanctum a Hare festinet,
over them all, and let each of them et insigilletur manus ejus, et inquira-
taste of the holy water, T. ; et aspergat tur die tercia si munda vel iraiuunda
presbiter aquam benedictam super eos sit, intra sigillationem.]
omnes, et humilient se singuli ad /
A. D. 925.] LAWS ECCLESIASTICAL. 347

the third let him throw down the iron.] Let him speed to
[the holy altar,] and let his hand be sealed up. On the
third day let inspection be made whether there be any 'filth
or not, in the place that was sealed up*. If any one break
these laws let the ordeal be null, and a mulct of a hundred
and twenty shillings be paid to the king.
p Ordeal in this law clearly signifies the water, or fire, with which the
suspected party was tried : it is in tho Latin called judicium : which
very much countenances the opinion of the eminent Dr. llickes, viz. That
the word ordeal is the same with the old French, Urdel, which signifies
judgment, or doomf. Dissertatio Epistol., pag. 149.
q [Instead of " let them humble themselves," Sec. the Textus Roffensis says, [Addenda. ]
-j beojia selc abypije '5aer lialig paeccjier, and let every one taste of the holy
water. The St. James's translator read abujie for abypige- And either, or
both of these readings may be true ; for by the terms of ordeal pub
lished from the Textus Roffensis (pag. 909 of the Append, to Fasciculus
lierumX) it appears that the holy water was tasted by every one present,
and afterwards sprinkled on them by the priest.
From ' reveal the truth,' to ' on the third day,' is wanting in tho Textus
Roffensis .
It seems probable to me that what comes between, was now added by
King Ethelstan and his council, and that the rest was a law of King Alfred ;
for we have so much of this memorial as is above hinted immediately after
the laws of Ine and Alfred in Textus Roffensis, From which I cannot but
take occasion to say, that it seems probable to me, that if our Saxon an
cestors had this practice among them before their conversion to Chris
tianity, yet it was so little used before the Danes got footing here, that
we may reasonably presume it would never have prevailed to that degree
it did, if those barbarous people had not mingled themselves with our
ancestors, and either first introduced, or at least revived this senseless
superstition. These Danes had for a hundred years together been settling
themselves on our northern and north-eastern coasts, before the practice
of ordeal grew rife in England ; therefore I am willing to impute the
prevalency of it to these invaders. Considering tho universal ignorance

* [Tbe two foregoing sentences are quas septentrionis gentes purgabantur,

thus given in the Saxon copy ; kwt Qoxty usurpatum est. Hickes,
vTnb %& he co, -j mrejlise man ba Diss. Ep., p. 149. Mr. Tborpe in his
hanb, ) rece man ojep paene ppibban Glossary compares the Old High Ger-
bae rpa hpretter rpa heo beo ful rpa man ' urteili,' now ' urtheil,' which
clsene binnan bam mrejle. And let also means 'judgment.']
him go thereto) and let his hand be % [By Ed. Brown ; see also Hearne's
enveloped, and be it postponed till Textus Roffensis, p. 13 and 25.]
after the third d;iy, whether it be foul [This statement is not quite right;
or clean within the envelope, T.] brackets have been inserted in John-
f [Onlalium igitur, ut Francicum son's text to shew more exactly the
urdel,' generatim judicium in primo omission of the Textus Roffensis, or
sensu denotabat. Usu vero obtincnte, rather the addition to the law contained
specialius ad judicium istud divinum in the Latin copies.]
deuotandum, quo crimina apud anti-
 348 KING ETHELSTAN S [A. D. 925.

that had spread itself over the whole nation in those ages, it is well we
did not receive the whole system of heathenism from them.]
r The fire and the water, both hot and cold, had many prayers, cross
ings, and other ceremonies performed over it by the priest, before the
person was tried by it. He that desires to see the forms of consecration,
may find them at large transcribed from the Textus Roffeusis at the end
of the Fasciculus Iierum published by Mr. Brown ; and he will say, he
never met with any thing more nauseously superstitious.
8 Lat. super staplas. Some supporter made of stone, or iron, from
whence the person to be tried was to take the hot iron into his hands.
, l If there was any matter, or corruption, the person was condemned as
guilty : if there was none, or the priest could see none, he was ac
quitted.

[Latin. 9. * It does of right concern the bishop to promote every

Sir H.
Spelman, [The Latin version of this law is for weighing, be by his direction and
vol. i. given from three MSS. by Thorpe, p. furthering, ,verj exact, slest any man
p. 404-5. 547, under the title, Moil Eccl. Versio should wrong another, and thereby alto
Thorpe, Antiqua: the Saxon text, Thorpe, p. gether loo greatly sin. He shall always
p. 547. 426, 'Institutes, of polity civil and ec shield Christian men against every of
Saxon. clesiastical,' c. vii. is from Bodl. Junius, those things which are sinful ; and there
Thorpe, 121, a fine MS. of the tenth century. fore he shall apply himself the more
p. 426.] Johnson's translation therefore, and in vigorously to every thing, that he may
deed the incorrect Latin copy from the more readily know how the flock
which it was made in Spelman, vol. i. fares, which he has to tend from God's
p. 401-5. cap. xi. ex MSS. Keg. et hand; that the devil may not too
Jorv., (comp. Brompton, p. 845,) is greatly ravage therein, nor too much
now so entirely superseded, not only of his falsehood sow among them.
by a better Latin version, but by the Never will the people's course be well
discovery and publication of the Anglo- directed, nor well assured with regard to
Saxon copy, that the best means of God, in that country, where wrongful
correction will be to cite Mr. Thorpe's gain and most falsehood are loved ;
translation of the latter. In printing therefore should a friend of God sup
the following quotation, italics are used press every unrighteousness, Kandexalt
with figures of reference to point out righteousness, and never consent that
the mistakes, variations, and omissions men, through falsehood, and through
of Johnson and his Latin copy. wrongful gain, too greatly foredo them
" To a bishop belongs every di selves before the righteous God, who
rection, both in divine and worldly shuns every unrighteousness. It be
things. He shall, in the first place, hoves all Christian men to love righte
inform men in orders, so that each of ousness, and shun unrighteousness;
them may know what properly it be and especially men in orders should tra
hoves him to do, 1 and also what they exalt righteousness, and suppress un
have to enjoin to secular men. He shall righteousness; therefore should bi
ever be (busied) about reconciliation and shops, with temporal judges, direct
peace, as he best may. He shall zealously judgment so, that they never permit,
a/tf.tase sttifes and effect peace, with if it be in their power, that any injus
those temporal judges who love right. tice spring up there. And on priests
He shall in accusations direct the * lad,' also it is incumbent, in their * shrift-
(expurgation.) so that no manmay wrong districts, that they diligently support
another, either in oath or in ordeal. He every right, and never permit, if they
shall not consent to any injustice, or can ameliorate it, that any Christian
wrong measure, or false weight : but it man too greatly injure another; nor
is fitting, s that every legal right, (both the powerful the weak, nor the higher
* burh-rihC and ' land-riht,') go by his the lower, nor the 'shire man those un
counsel, and with his witness; and let der him, nor the 'hlaford' his men,
every burg-measure, and every balance 'not even his thralls. By the confessor's
A. D. 925.] LAWS ECCLESIASTICAL. 349

observance, both divine and secular. In the first place he

onght to instruct him that is ordained what is of right to be
done by him, and how they ought to judge seculars1; and
diligently to conciliate peace and concord with secular judges,
who have an inclination to right and to instruct them in
u purging away accusations ; that one may not act amiss to
ward another in case of oath or ordeal.
n So I translate in competfationum adUgiatiorum, read allee/iatione, lite
rally, inlawing themselves against such accusations, by which they were
in danger of being outlawed.

Nor ought he to permit any fraud by unjust measure or

weight ; but it is fit, that by his council and attestation every
public law, and the measure and weight of [every] borough'
be rightly adjusted, according to what he says.
[And] that no one seduce his neighbour, so as that he fall
into sin. And a Christian [bishop] ought always to make
provision against the particulars aforesaid3; and on that ac
count he ought rather to interpose in divers matters, that he
may know how his flock, which he received at the hand of
God to look after, behave themselves; that the devil may
not wrong it, nor disseminate evil among it.
For the people will never be well provided for, nor he
guided in such a manner as God requires, where ungodly,
or rather false gain is loved : therefore all friends of God
ought to weaken iniquity, which deserves to be set at nought4,
and not permit men to forfeit themselves to a truly wise
God, to whom all injustice is displeasing, on account of their
falsity and getting of money.
And it is necessary for all Christians, that they love right
and condemn wrong; and that they who are. promoted to

direction, and by his own measure, it to protect his thralls as he best mail, be-
is justly fining that the 'thralls work cause they and those that arc free are
for their 'hlafornV over all the district equally dear to God, and He bought
in which he shrives. And it is right us all with equal value. We are all
that there be not any measuring rod God's own I2 thralls, and so He will
longer than another, but all regulated judge us as we here judfre those over
by the 9 confessor's measure; and let whom we have judgment on earth:
every measure in his10 shrift-district, ['it therefore behoves us to protect
and every weight be, by his direction, those who are to obey us ; then may tee
very rightly regulated ; and if there be look for the greater protection at God's
any dispute, let the bishop arbitrate, own judgment." See Ancient Laws, &c.
" // is every 'hlaforSs' own advantage p. 426-7.]
 350 KING ETHELSTAN's LAWS ECCLESIASTICAL. [A. D. 925.

sacred orders do always advance what is right, and depress

what is wicked. Therefore bishops ought to be present with
secular judges in their judicatures, that they may not, if pos
sible, permit any sprouts of pravity to spring up.
And it concerns priests in their diocese s diligently to help
every one as to what is right, and not to suffer, if they can,
one Christian to hurt another, that the potent be not trou
blesome to the impotent, the superior to the inferior, the
prelate" to his subjects, the master to his men, whether bond
or free7. And it is fit that xtestamental servants8 work ac
cording to the bishop's word, and the measures fixed by him
in the whole shire over which he presides.
* That is, slaves, which used to be given to surviving friends by testa
tors. Many instances of this may be seen in Mineus's Codex Donatio-
num.
[Addenda.] [My second thoughts upon this matter are that testamental servants
were such predial slaves or villains as had a property, and might there
fore dispose of what they had by their last will or testament.]

And it is right that one measuring rod be not longer than

another, but all adjusted to the bishop's 9 measure, and made
even throughout his diocese 10. And let every weight be the
same according to his word ; and if there be any dispute, let
the bishop decide it.
And it is necessary that every master be compassionate
and condescensive to his servants, in the most indulgent
manner that is possible". The slave and the freeman are
equally dear to the Lord God, who bought them, and bought
them all with the same price. And we are all of necessity
servants12 to God, and He will judge us in the same manner
that we on the earth judged them over whom we had a judi
cial power18.
 A.D. DCCCCXXVL, or thereabouts.

LAWS OR MEMORIALS OF KING ETHELSTAN.

Preface.

In Mr. Lambard's collection of Saxon Laws we have, in the [Lamb.,

next place, King Ethelstau's council held at Excester* in xiiorpe,
Christmas. Where, after a complaint made that the laws p- 93]
made at Gratheaf were not observed, an unanimous reso
lution is taken to drive the transgressors out of England
and two civil laws are added, beside a third which concerned
the Church, and here follows.

A.D. DCCCCXXVL, or thereabouts.

1 . Let all the servants of God in every minster sing fifty Saxon.
psalms to God for the king every Friday, and for all that will ^ 55" "
what he wills, and for others as they deserve. And every Thorpe,
man that will may make satisfaction with his accuser, for
every crime objected against him, till the next Perambu
lation-days, without any mulct. Afterwards let it be as
it was.
This was an act of grace : the king forgives mulcts due to him, so
that the offenders make peace with the injured parties before Rogation
next. The Saxon is plain, the Latin is unintelligible to me.

[' Rather a re-promulgation of cer- t [ kpeatanleaRe, L. ' Greatanlea,'

tain laws passed there, and at Thun- probably Greatley, near Andover,
dersfield.' T.] Hants. See Thorpe, p. 91, note b.J
 352 LAWS OR MEMORIALS [A.D. 926.

These buseful memorials immediately follow in Sir II. Spel-

man, p. 405*.
b I call these useful, because they shew the several degrees and rank
of men then in the kingdom, and the rates of the weres, or weregilds, at
which they were laid, of which so frequent mention is made throughout
this volume. But I am far from thinking that the certain value of the
coins, or denominations of money hinted in these memorials, can he
learned from hence : at least, I may dare say, that no man hath yet done
it to the satisfaction of an inquisitive mind. Any one may see how the
great restorer of Saxon learning failed in this point. Pref. to the Thesau
rus, p. 41. Dissertat. Epist., p. 110, 111. Therefore I presume not to
meddle with these money matters.

[i.] 2. The king's weregild at the common law, among the

[Saxon. English, is thirty thousand thrymsa; fifteen thousand for
p. 55. ' his person J, the other fifteen thousand for his kingdom .
lh79+l ^e first belongs to his kindred, the kingbote^T to the people
of the land.
[2.] An archbishop or earl's || weregild is fifteen thousand
thrymsa.
[3.] A bishop or alderman's weregild is eight thousand
thryrcsa.
[4.] A general or high-reeve's weregild is four thousand
thrymsa.
[*] A mass-thane, and a secular thane's weregild is two
thousand thrymsa.
[6.] A common man's weregild is two hundred and sixty seven
thrymsa by the Danes' law**.
[7.] A stranger's ft weregild, if he have a family, and estate, and
[So also in I.ambard's Arch.Tono- J [fr&T P^pej", k. fr the ' iter,' T.
mia, ed. Wheloc, p. 65-6, which is the Thorpe's text from MSS. has ba?r pep-
copy here translated by Johnson; Spel- gilber, for the 'wer-gild,' which serves
man only gives an imperfect Latin to shew that ' wer* and wer-gild are in
version.] terchangeable terms.]
f [Mr. Thorpe gives these laws on [bier cyne-botner, L. T. for the
' Wer-gilds" from MSS., together with 'cyne-dom,' T.]
variations of the text from Lambard, ^[ [i* cyne-bpt. L.T. the 'cyne-bot,'
who transcribed a MS. which cannot T. See below, the concluding paragraph
now be found. See Ancient Laws, &c, and the note.]
p. 79, note b. Johnson's translation || [avftchr.ST* a>theling's, T. ]
has been compared with Lambard's ** [Ceopler pep-gi'b if cc. 7 Ixvi.
text and Thorpe's translation of it, but bpi. 1> biS 11. hunb rcl" he Typcni
only the more important variations of laj;e. -A ' ceorleV wergild is cc and
Thorpe's text from MSS. are here lxvi. 'thrymsas,' that is cc shillings by
noted. The numbers in the margin Mercian law. T.]
are those added by Thorpe for the pur- ft [IBealirr-monncr, L. ' a wylise-
pote of reference.] man's,' T. This term, which literally
A. D. 926.] OF KING ETHELSTAN. 353

pay his tax to the king, is two hundred and twenty* shillings.
If he have but half a plough-land, let his weregild be eighty
shillings. If he have no land, but be free, let the forfeiture [8.]
be seventy shillings.
If a common man have five hide of land f, and he be killed, [9.]
let the payment be two thousand thrymsa. Or if he have a [io.]
breastplate J and helmet, and a gilt sword, though he have
not the land; and if his son or grandson have so much [n.]
land, let their successors be king's officers^, and let two
thousand thrymsa be paid for them.
In Mercia, the common man's weregild is two hundred
and sixty-six thrymsa, this is two hundred shillings. The
thane's is six times as much, that is, one thousand two
hundred shillings. The king's single weregild is six times
as much as the thane's, that is, thirty thousand sceats, in all,
a hundred and twenty pounds || ; and as much is to be taken
for kinggild1. The kindred have the weregild, the people of
the land the kingbote2.
[The last paragraph of this memorial is in Text us Roffensis after King [Addenda.]
Ethelstan's kepjener (for EepiebnerTe) and some other matters. The Sax-
onic agrees exactly with this Latin, and immediately foiegoing this in
the Textus Roffensis is the third memorial concerning the availment of
oaths. My translation says, the mass-priest and the secular thane's oath
are the same : the Saxon expresses it thus, getealb eren-bype3, therefore
the Latin should be reputatur aque carum. There is somewhat added
both in the Saxonic and Latin, of the sense whereof I am not sure, but I
suppose it to be this ; if one rated at a hundred and twenty shillings
is to be [impeached so as to be brought to purgation] he is fully im-

means a 'stranger,' is here applied to a 'ceorl.']

the British inhabitants of Wessex, &c. % [brer P'8cunba[n] cynner, L. of
as distinct from the Welsh of the Prin- the 'sithcund' kin, T. gepiScunber
cipality. Comp. Thorpe, p. 51, note b. cynner, of 'gesithcund' race, T. See
p. 79, note a.] above, p. 137, note *.]
[120, T.] || [The remainder gives the sense
f [TCnb giy ceoplirc man gebeo }> of Lambard's text, (Archaeonomia, p.
he hsebbe v. hiba lanber co cynger ur- 56,) which according to Thorpe is here
pane, and if a 'ceorlish' man thrive, so of more value than the MSS., but the
that he have v. hides of land for the two following words require notice ;
king's 'ut-ware,' T. ' cyne-gylb, L. T. 'cyne-gild,' T.
Ut-ware, a species of tenure the pre- s cyne-bot, L. T. ' cyne-bot,' T.
cise nature of which cannot now be Both these words mean the portion
ascertained.Thorpe, Glossary.] belonging to the nation of the mulct
X fbyjine, L. a coat of mail, T.] for slaying the king, the other portion,
[In Lambard's text follow the or ' wer,' being due to his family. See
words he bvS pftcunb, he is 'sithcund;' Thorpe, Glossary, art. Cyne-bot, and
in Mr. Thorpe's text from MSS., he Cyning.]
bitt ceopl rpa beah,' he is nevertheless
 334 LAWS OK MEMORIALS [A. D. 926.

peached by six common men. The Sax. word is pparcan', which I have
expressed by the words enclosed in hooks*.]

[Saxon. 3. The oath of him that is rated at one thousand two

Lamb.,
p. 56.
hundred shillings is of as great a value as six common men's ;
Thorpe, for his weregild is as much as six common men's. The
p. 78.]
mass-priest's and the secular thane's oath are the same among
the English t-

The following memorial, which Brompton puts among the

laws of King Ethelstan, and which Dr. Hickes prints
from the old Saxonic copy in the Textus Roffensis, I
have thought fit here to insert. See Dissert. Epist., p.
113. Its title is,

Concerning the merits% and legal condition of the people.

[Saxon. 4. It was once the constitution of the English, that the
Thorpe,
people, and their legal condition, went according to their
p. 81.
V. A. merits %, and then were the counsellors of the nation honoured,
p. 511.]
each one according to his quality, the earl and the churl, the
thane and the sub-thane . 'If a churl thrived so as to have
[A ccnfusion is here made between Be CDepcipcan abe.
ppecan ' to avenge,' and ppegan ' to XIII. Tpelp-hynbep manner a$ pop-
accuse.' See next note.] pceut vi. ceopla a'S, popban jpp man
f [This is an abridgment of two laws bone rpelp-hynban man 'ppecan sce-
which are thus given by Thorpe from olbe, he biS pull-upecan on pyx eeop-
the Textus Roffensis collated witii an lau, ^ hip peji-gylb biS pix ceopla
other MS. and Lambard; pep-sylb.
Be jehabobpa manna abe and Of the Mercian oath.
habbote. 13. A ' twelf-hynde ' man's oath
stands for six 'ceorls' oaths; because,
xn. CDaerpe-ppeortep aS ~i populb-
bejener, ir on enjla-laje jecealb epen- if a man should 'avenge a ' twelf-
bype, i pop bam peopon cipic-haban hynde' man, he will be fully avenged
be pemseppe-ppeopEe J>up.h tobep ppe on six'ceoils,' and his ' wergild' will
be six ' ceorls' veer-gilds.' Thorpe, p.
jjebeah t> he haejbe, he bitS pejen-
pihrep pyp'Se. 78, Oaths, c. 12, 13. See also Thorpe,
p. 48, Laws of K. Ine, c. 14, note b.]
J [SebincSum, ranks, T.]
Of the oath and degree-' bot' of men
[bejen -j beoben, 'thegen' and
in orders.
' theoden.' T. The word beoben which
12. A mass-priest's oath and a se Hickes has translated ' subthanus,' pro
cular thane's are in English law 3 reck bably on the authority of * sublibcralis'
oned of equal value, and by reason of in the Latin version of the Textus
the seven church-degrees that the Roffensis, (ed. Hearne, p. 46,) usually
mass-priest, through the grace of God, means lord, chief, king, and therefore a
has acquired, he is worthy of thane- person not below, but far above the
right. thane. See Bosw. Diet. art. beoben.]
 A. D. 926.] OF KING ETHELSTAN. 355

five hides of his own land, a church, and 'kitchen, a bell-

tower, a seat1, and an office in the king's court, from that
time forward he was esteemed equal in honour to a thane*.
And if the thane so improved, that he ministered [to the
king] and rode an embassy with his own retinue3, and had a
thane to follow him who had five hides [of land], upon a royal
expedition4, [and] attended his lord, in the king's court,
and had thrice gone a royal embassy5; he might afterwards,
with hisd foreoath act in his lord's stead on various occa
sions, and impeach men according to law, in any case where
ehe himself might do it6. And if he who was thus accused
had not forfeited [himself], he purged himself upon oath,
according to his quality, or else forfeited himself*7. And if
the thane so improved, that he became [equal] to an earl, he
was esteemed worthy of the honour of an earl from that
time forward. And if a trader did so improve as that he
passed thrice over the wide sea, by his own skillf, then he
from that time forward was thought to deserve the rights of
a thane. And if a scholar made such proficiency in learning,
as that he obtained orders, and ministered to Christ, he was
thought worthy of that dignity and protection that belonged
thereto, unless he incurred a forfeiture of his function, and
might not exercise it. If it happened that one in orders, or
a stranger, was in any respect injured, in word or deed, then
it concerned the king and the bishop that satisfaction should
be made with all possible speed.
c It has been observed that a friburg, that is, ten or more families of
freemen, eat together J. But it will appear that every thane's or great
man's family, was of itself esteemed a friburg, by law fourteen of Edw.

[The Saxon text is nearly the and thrice 5 with his errand went to the
same in all the MSS., but the follow- king; he might thenceforth, with his
ing is Mr. Thorpe's translation of the ' fore-oath,' his lord represent, at va-
above passage. rious needs, and 6 his plaint lawfully
And if a ' ceorl' thrived, so that he conduct, wheresoever he ought,
had fully five hides of his own land, 'And he who so prosperous a vice-
church and kitchen, bell-house and gerent had not, swore for himself ac-
1 'burh'-gate-seat, and special duty in cording to his right, or it forfeited,
the king's hall, then was he thence- Ancient Laws, &c. (Ranks, c 2 I.)
forth of 'tbarie-right worthy. p. 81.]
And if a thane thrived, so that he f [be hir ajenum cnsep:e, by his
served the king, and 3 on his summons own means, T. It is possible that
rode among his household ; if he then cpsejt may here, as at the present day,
had a thane who him followed, who signify 'a vessel.' See Thorpe, p. 81,
4 to the king's ' ut-ware,' five hides had, note d.]
and in the king's hall served his lord, J [See above, p. 13}, note k.]
z2
356 LAWS OR MEMORIALS [A.D. 926.

Conf. 1065 ; therefore at that time for a man to have a kitchen for the
dressing his own meat might well be esteemed the mark of a thane. Yet
let the Saxonists judge whether we ought not to read Kypicena-Bt-11-hur,
that is, a church-steeple, (to distinguish it from a common bell-tower,)
instead of kitchen, bell-tower". Bede, 1. iv. c. 23, mentions a nun hearing
a noise like the known sound of the bell which used to be tolled at the
passing of a soul. This was two hundred and fifty years before the death
of Ethel stan. Bells therefore are very ancient in England f.
4 This oath was either for the proof of his commission, that he had
authority from the king to execute such and such business ; or else it was
the oath by which he impeached persons suspected.
' I suppose the king himself.
' Therefore the impeachment was for some capital crime : not fewer
than three common men could impeach another.

* [Mr. Thorpe's translation has al- bell-hut is rendered ' clocatium,' see
ready been quoted; the words of the Textus Roffensis, ed. Hearne, p. 46-7-]
Saxon text and old Latin version + [Use tunc in dormitorio sororum
are, cipican ) kycenan, bell-hup "j pausans, audivit subito in aere notum
buph-geat-resl, T. ecclesiam et co- campanse sminm, quo ad orationea ex-
quinam, timpanarium et januam so- citari vet convocari solebant, cum quu
dem.Vers. Antiq. Thorpe, p. 511. eorum de sreculo fuisset evocatus. Bed.
Although the alteration of reading Hist Eccl., lib. iv. c. 23. p. 169.
proposed by Johnson is clearly inad- Da peer heo pepeenbe on ppeojrpa
missible, it remains a question whether rlaepepne, 1Sa gehypbe heo remmnja
the 'bell-house' here meant was a re- on 'OBepe lyvte upcunbne rpeg ) hleo-
fectory (See Thorpe, Glossary, art. pop heopa clugsan Ssepe hi gepune-
Bell-hus) or a campanile detached or bon co Jebebum secigbe -j apehre
otherwise both for ecclesiastical and beon, 'Sonne heopa hpyle op peopulbe
general purposes. For an old Latin Jejrepeb paer. Ibid., King Alfred's
version of the law in which the word Translation, p. 595. 40.]
A. D. 940.] OF KING ETHELSTAN. 357

Here we have also transcribed, by Sir H. Spelman from

the Codex Regius in Latin, the rules for making satis
faction for murdering, or laying violent hands on a
clerk, which I translated from the Saxon, and inserted
at the year 725. And here I thought fit to insert the
twelfth canon of a synod held at London toward the
end of Ethelstan's reign, and which I therefore date,

A. D. DCCCCXL.

8 We have charged all that arc admitted into our gildship Sir H.
by pledges given, that if one happen to die, every brother of p^n'"*"'
the gild give a loaf, and meat sufficient to be eaten with it, [Saxon.
for his soul ; and sing, or cause to be sung, fifty psalms p- ioi*
within thirty nights. v- *

' By this it appears, that the bishops were now entered into such a fra
ternity as that I have described in my notes on the last clause of the rules
for satisfaction, in the year 725.
[K. Athelstan's Laws, V., (Judi- ble's Saxons in England, bk. i. ch. ix.
cia Civitntis Lundonia?) c. 6, from Tex- p. 243, and App. D.]
tus Roffensis. On gildships see Kcm- ,
 ODO'S CANONS.

A.D. DCCCCXLIIL,

oh soon after, odo, arch bishop op canterbury, made the

following constitutions.

Preface.

Latin. In the name of the Holy Trinity, and the one Deity.
Spelman, Though it be a bold presumption to give documents of pious
vo1- > exhortation, without having any merits of my own ; yet be-
[Wiikins, cause a spiritual prize is promised to them that strive, and
V2i2 n ^a^e Pams *n t-ne race ^ *-ms We) by the Author of gifts, the
Spirit t ; therefore I Odo, the lowly, and meanest that is pro
moted to the honour of a pall, and of being a chief prelate,
have resolved to" put together in this paper some institutions
not unworthy of auy worshipper of Christ, which I found to
be of greatest authority, from the former injunctions of illus
trious men, to the consolation of my lord the king, that is
Eadmund, and of all the people subject to his most excellent
empire : therefore I most devoutly beseech, and with cle
mency exhort the minds of the hearers, that they inwardly
graft them in their hearts by frequent meditation, whenever
they hear them rehearsed ; and by this means, at the time of
harvest, gather for themselves the most peaceable fruit, by
the manifold exercise of good works.
* I read, coadunare, not quo adunareX.

1. We charge and command, that the holy Church of God,

which is founded first in the blood of Christ, and made a fair
[" Ex MS. Cot. Vcspas. A. 14 fol. plicandus, fide et numero caute conce-
] 73 verso."] ditur. S. W.]
f [In the Latin follow these words ; \ [So YVilkins.]
ct paitorum curie, populus Dei multi-
A. D. 943.] ODO S CANONS. 359
spouse by the multitude of believers, be not invaded by the
violence of wicked men : and let it be allowed to none to lay
taxes upon the Church of God ; because the sons of the
Church, that is, the sons of God, are free from all earthly tri
bute in every kingdom : Ambrose says, " the Catholic Church
is free from royal taxes*." b If any houses, lands, or farms
have been taken away from Christians, or been confiscated,
or granted away, we charge that they be all reassumed by the
Christians, as their ancient right : for Gregory says, " If any
one rob the Church of Christ, let him be anathema, if he
do not make amends." And again : " Whoever attempts to
violate or usurp the parishes of the Church of God by rapine,
let him be excommunicated by the ministers of the Church,
and become wholly an alien from the body of Christ :" for
they who disdain to obey the rules of the Church's discipline,
are more c bold than the soldiers who crucified Christf : for
the Church hath power of binding and loosing.
b Here is added in Sir H. Spelman's copy, in Historia Ecclesia. What
the meaning is I know not : probably Odo had seen these words cited in
some book called Historia EcclesiceX-

[Ncc alicui liceat censum ponere Dei templum. S. Amb., Op., torn. ii.
super ecclesiam Dei ; quia filii eccle- p. 872 F, p. 873 D. Sermo contra
si.r, id est filii Dei, ab Omni censu ter- Anxentium de ISasilicis tradendis. cf.
restri liberi sunt in omni regno. Am- ibid. Ep. xx. 8. p. 854 C. Ep. xxi.
brosius ait : ' Ecclesia catholica libera 4. p. 861 A. Hence it seems pro
est ab omni censu principis.' W. This bable that 'ecclesia catholica' in the
saying is not found in the works of saying attributed to St. Ambrose means
St. Ambrose, and, if understood ac little more than 'a catholic church,' as
cording to the above translation, to referring to the building and its imme
claim for all Church property an ex diate precincts, so that Oda here only
emption from tribute, is contrary to his asserts the immunity defined in Ecg-
frequently expressed opinion. 'Prater brilit's Excerptions, A.D. 750. c. 25,
ecclesias catholicas,' was one of the and established on the continent by
exceptions in the edict of Constantine the emperor Ludovicus Pius and vari
the Great, ' De annona,' Cod. Theod. ous councils. Grat Decret Causa
xi. tit. 1.1. 1. torn. iv. p. 6, 7 ; but laws xxiii. q. 8. c. 21 5. Cone. Meldense,
were soon afterwards made for the tax A.D. 845. c. 63; Concil., torn. xiv. p.
ing of the bishops and clergy which 834.]
St. Ambrose cheerfully obeyed, though t [Audent enim extra milites, qui
he protested against the imperial inter Christum crucifixerunt, aliquid, qui ec-
ference in matters of faith, and violent clesise ejus discipline regulis obedire
invasion of the churches ; among many contempnunt. S. W.]
like expressions he has the following ; X The words 'In historia ecclesiae'
Si tributum petit (sc. imperator) non are also in the edition of Wilkins, and
negamus. Agri Ecclesia; solvunt tribu clearly are meant to introduce what
tum. Solvimus quae sunt Caesaris follows, as part of the provisions of the
Ca?sari, et qua? sunt Dei Deo. Tri edict of Constantine the Great and
butum Ciesaris est, non nej^atur: Ec Licinius at Milan, A.D. 313. Euseb.,
clesia Dei est, Ca'suri utique non debet Eccl. Hist., lib. x. c. 5. p. 482. Vita
addici, quia jus Csesarisesse non potest Constant., c. 3641.
 360 ODO'S CANONS. [A. D. 91S.

* My reader will justly believe this to be a very bold stroke from the
lowly Odo.

2. We admonish the king, princes, and all that are in

authority, that they with great humility be obedient to their
archbishops, and all other bishops, because the keys of the
kingdom of heaven are given to them, and they have power
of binding and loosing. Nor let them value themselves on
[1 Pet v. account of their secular power ; " for God resisteth the
J proud," &c* And let the king have wise counsellors, [and]
such as fear God, in the affairs of his government; that the
people being instructed by the example of king and princes,
may make improvement to the praise and glory of Godf.
[He ought] to oppress none unjustly by his power, to judge
between man and man, without respect of persons ; to be a
protector to the stranger, fatherless and widow ; to prohibit
theft, to punish adultery, not to prefer wicked men, to cherish
the poor with alms; for though it is necessary that every
man keep the commands of Christ; yet it is more especially
so for kings, and all that are in high places, who are, at the
day of strict inquest, to give an account to the just Judge,
both of themselves and of the people subject to them.
3. Bishops are to be admonished, that they do with all
honesty and modesty, according to the godliness of our holy
religion, preach and shew a good example to all : that they
go about their parishes every year, vigilantly preaching the
Word of God ; lest any one, through the neglect of the
shepherd, wandering in the by-ways of ignorance, be ex
posed to the teeth of the worrying wolves. Let none study
to feed the flock committed to him for filthy lucre's sake,
but in hope of an eternal recompense ; for we should not
delay freely to give what we have freely received, viz., to
preach the word of truth to the king, to the princes of his
people, to all dignities, without fear or flattery, with all bold
ness ; and never to decline the truth, to condemn none un
justly, to excommunicate none without cause J, to shew to all
the way of salvation.

* [humilibus dat gratiam, S. W.] munion improperly;' tlie Latin is ne-

t [Wilkins adds, sitque rex clypeus minem injuste dampnare; neminem,
ct defensor ecclesiarum Dei.] nisi juste commuuicare, S. \V.]
X [Rather, ' to receive none to com-
A.D. 943.] ODO'S CANONS. 361

4. We admonish priests, that they teach their people* by

their good example, in the holy habit, and instruct and in
form them by their holy doctrine ; that their conversation
excel the manners of the people in all goodness and modesty;
that they who see him walking apparelled according to the
dignity of the priesthood, may with good reason speak com-
mendably of his d habit.
d Habit is a word that has a complicated signification : I mean, it de
notes not only the singular garb of a clergyman, but also his order or pro
fession. It should seem there was a particular habit for priests in com
mon life at this time ; though afterwards it grew into disuse, as we
shall see.

5. Clergymen are to be admonished, that they live canoni-

cally, with all honesty and reverence, according to the de
crees of the holy fathers, giving a good example, that so the
bishop may gain credit by their good conversation, the Church
may be honoured, the people may be improved, to the praise
of God ; and that they, according to the dignity of their title,
may be made worthy to come into God's heritage.
6. We exhort monks, and all devoted to God, that in
humility and obedience, day and night, they study to per
form their vows, continuing in the churches where they first
took their vows, in the fear of God : let them not be strollers
and saunterers who desire the name, but despise the duty of
a monk. Let them, according to the example of the Apostles,
inure themselves to the habit of humility, handy labour, holy
reading, and continual prayer, being ready, " with their loins [Lukexii.]
girt about, and their candles burning, expecting the good
man of the house," that He may come and give them eternal
rest.
7. We absolutely forbid Christians all unrighteous, inces
tuous marriages with nuns, or near kindred, and with all un
lawful persons, for Pope Gregory of holy memory, with many
bishops and other priests in the e royal house of blessed Peter
the Apostle, ordained, l" If any one marry a nunf, let him
be anathema :" and they answered, Amen. We, following

[populum Dei, S. W.] i. c. 3. Concil., torn. xii. p. 263 C. See

f [The Latin adds ' quain Dei an- above, p. 213, note *.]
cillam appellamus,' as in Cone. Rom.
 362 ODO'8 CANONS. [A. D. 943.

the same apostolical authority, do likewise cast the dart of

malediction against such, unless upon reproof they betake
themselves to satisfaction for such ncfandous presumption.
Basilica, church.
' Viz., Gregory II. A.D. 721.

8. That when we meet in any convention, we consider

[Ps. xxxiii. what the Psalmist says by way of admonition, " The Lord be-
13 10 J1 .
holdeth the children of men,". &c. And again, "The Lord
bringeth to nought the councils of nations ;" and so on to
" His own inheritance :" therefore we ought to look to it,
brethren, that there be concord and unanimity between
bishops and princes, and all Christian people : that there be
every where unity and peace to the Churches of God ; nay,
that the Church be one in faith, hope, and charity, having
one head, which is Christ ; whose members ought to help
[John xiii. and mutually love each other, as He Himself says, " In this
'* shall all men know," &c.
9. We admonish that fasting, with alms, be very carefully
observed ; for these are the e three wings which carry saints
to heaven : wherefore endeavour to keep the fast of Lent, of
the four seasons, and other lawful fasts, as of the b fourth,
and sixth day of the week, with great vigilance ; and above
all, the Lord's day, and the festivals of saints*, ye are to take
care that ye observe with all caution, [by ceasing] from all
secular work. Consent to no vain superstitions ; nor worship
the creature more than the Creator, with magical illusions :
for they who do such things shall not inherit the kingdom
of God.
Either prayer was first joined with fasting and alms, hut afterwards
dropt by the carelessness of the transcribers ; or else it should be dua,
instead of tres.
h It is evident from this, that the old English symbolized with the
Easterns, not with the Romanists, in observing their weekly fasts : and even
Gratian, long after this, countenances the Wednesday and Friday fast.
De Consec. Dist. iii. c. 16 ; yet it is certain that Innocent's decree for the
Sabbath, or Saturday fast, whether genuine or not, was long before this
received by the Church of Rome ; and Gratian himself there f cites it.
And see Ecgbriht's Dialogue in fine, 734.
[The Latin adds, sicuti canon et + [Rather in a preceding chap'er,
exeinpla precedentium patrum affir- viz., De Consec. Dist. iii. c. 13.]
mant, W. ]
A. D. 013. J odo's CANONS. 363

10. And we faithfully entreat you as to the paying of

tithes, as it is written in the law, " The tenth part of all r=f- Ex.
thine increase, and thy first-fruits, carry into the house of xxm" -1
the Lord thy God." And again, by the prophet He says*,
"Bring your tithes into My store-house," &c. Mai. iii. 10.
Therefore with an obtestation we charge you that ye take
care to pay tithe of all that ye possess : because this doth
peculiarly belong to God: and men should live and give
alms out of the nine parts. Let us do the truth, and remain
in charitv in Him who is God blessed for ever. Amen.

Archbishop Odo's synodical epistle, transcribed by Sir II. Spel-

manfrom Malmsb. de Gestis Pontific. 1. 1.

By the help of the Almighty who presides over the poles, [Wilkins,
I Odo, archbishop of the Church of our Saviour the Lord 214.] p"
Jesus Christ, metropolitan of the city of Canterbury, to our
fellow-bishops, compaginators of the catholic faith, with spi
ritual charity mixed with rigour. [I wish] my brethren pros
perity in things present, and heavenly beatitude. If it could
be that the riches of all the world now laid in our view, so
as to be wholly subject to our imperial command, I would
willingly give them all away, and moreover spend myself, for
the salvation of your souls ; because I desire and hope to be
corroborated by the zeal of your holiness, in the business
wherein the Lord God hath appointed us to be fellow-
labourers.
[He subjoins, says Malmsbury, many things concerning
the burden of the pontificate.]
Therefore I humbly pray and exhort your holiness as one
unworthy, yet much in earnest, that you do not behave your
selves with lukewarmness and negligence in the regimen of
[" Afferte (inqnit) omnem deci- qui comedit et corrumpit frustum ter-
mam in horreum meum, ut sit cibus in rte vestrse, et non erit ultra in ea ste-
domo mea, et probate me super hoc. rilis." S. W. Compare Mai. iii. 10,
Si non aperuero vnbis cataractus coeli, 11, Vulg., and Legatine canons at
et effudero benedictionem usque ad Cealchytlie, A.D. 7S5. c. 17.]
abuudantiam ; et incrcpabo pro vobis,
364 ODO's EPISTLK. [A. D. 9+3.

souls; lest at the time of the tremendous vintage1 the Lord

complain of you, saying*, Ezek. xxxiv. 8, and again, " They
became princes and I knew it not3," ' Hos. viii. 4*. But
rather let us take care to give meat, a portion of wheat, that
is, approved doctrine in due season to the family of God, over
which He hath appointed us rectors : and though by dint of
merit I presume not to comfort or exhort any man, as being
of myself unworthy, and guilty of innumerable faults, I am
pleased with, and want to be corroborated with your bro
therly admonitions ; yet on account of the ancient authority
of my predecessors, viz., Augustin of blessed memory, and
other holy men, by whose endeavours the rule of Christianity
first appeared from this archiepiscopal see to the remotest
parts of the English [people], on this account I resolved to
draw up these godly rules to the profit of you allf ; that so
our most august King k Edmund, excellent by name, with all
his people, may gladly follow what they hear in us, and from
us, and that all nations every where subject to his royal
empire may love and delight to imitate with triumph the
glories of our unblemished conversation.

1 According to the Vulg. Lat.

k Eab-munb signifies prosperity and protection. The name is written
yEtmund in the preface of this council : if this be not a pseudography, it is
possible that it may be derived from jEahc and munb, then it denotes a
protector of every thing that is valuable. But there is little regard to be
had to the writings of this age in the Latin tongue, as to any thing that
is critical or curious. jElfric's complaint is very sad, viz., that there was
not a priest in England that could write, or construe a Latin letter, till
Dunstan and Ethelwold taught some monks to do it. Odo was next but
one archbishop before Dunstan : and though he was more than a priest,
and did actually write this, and other letters in Latin, and drew up all
the foregoing canons or decrees ; yet it is but too plain, that Jilfric's
censure did fall in some measure upon Odo himself. He was commonly
called Odo the Good ; and if he did indeed deserve that epithet, this was
a sufficient counterpoise to his other defects. The most notable fact related
of him by the writer of his life is, that he caused one of King Edwy's
ladies of pleasure to be branded in the face with a hot iron, and banished
her into Ireland ; and afterwards hearing that she was returned from

[Ut non in tempore tremendas ignoravi.' M.S. W.J

1 vindictae conqueratur de vobis Domi- + [idcirco istos divinos apices ad
nus, dicens: -' Pastores non pascebant utilitatem omnium vestrum car.ixarc
gregem mcum, scd scmetipsos.' Et decrevi, M. S. W.J
iterum : ' Principes extiterunt, et ego
A.D. 943] ODo's EPISTLE. 365

banishment, and landed at Gloucester, he sent his men thither to appre

hend her, who houghed her, or cut her hamstrings, of which she died.
Odo hated vice, but he was a Dane by birth ; and was probably never well
cured of his natural barbarity.
And this was singular in Odo, that he was nominated to the see of
Canterbury before he had been a monk ; and he pleaded this in excuse for
bis refusing the primacy, that none but Benedictine monks had ever sat
in that chair. But when great importunity was used with him to accept
the offer, he thus reconciled the matter, viz., he declared he had long been
a monk in his own mind, and now he was resolved to send for a famous
abbot out of France to invest him with a monk's cowl, though he had for
a considerable time before been bishop of Shirburn ; and being thus
qualified by having the monk's habit put on him by a French hand, he
accepts the archbishopric.
 A.D. DCCCCXLIV., or thereabouts.

KING EADMUND'S LAWS ECCLESIASTICAL.

Saxon. Eadmund the king assembled a great synod at London on

Sir H. the holy feast of Easter, both of ecclesiastical and secular
apelman, "
vol. i. persons. There were Odo and Wulfstan, archbishops, and
[Wiiklns many other bishops, consulting for the good of their own
vol. i. souls, and of those who were subject to them.
Thorpe, The principal point is, that ecclesiastical persons shall
v 1a>" instruct God's people by an exemplary life; and that they,
p. 521.] whether they be men or a women, preserve the chastity of
their own order. If they do not, let them [be thought to]
deserve what the canon pronounces against them, viz., that
they suffer the loss of their worldly possessions, and of lying
in a consecrated burying place, unless they make satis
faction.
* Viz. Nuns.

2. We enjoin all Christian men the paying of tithes by

virtue of their Christian profession, as also their ' church-
scot and b alms-fee*. Let them who will not do it be ex
communicated.
* That is most probably plough-alms, mentioned in the sixth law of
King Alfred and Godrun ; and is said to be an offering made to the
Church in proportion to the number of plough-lands which every man
had.

3. If one that is a king's c man shed the blood of a Chris

tian, let him not come into the king's presence till he have

' [t cypic-rcear, ^ Rom-reoh, ^ rulh-aelnierran, and church-scot, and

'Itome-feoli,' and plough-alms, T.]
A. D. 9+1.] KING EADMUND's LAWS ECCLESIASTICAL. 367

betaken himself to penance, according as the bishop teaches,

and the confessor directs.
That is, tenant or servant to the king.

4. Let him that defiles a nun be [thought] unworthy of a

consecrated burying place, unless he make the satisfaction of
a manslayer*. And we declare the same of adultery.
5. And we pronounce, that every bishop repair God's
house in his own [see], and remind the king that all God's
churches be well provided; for which we have great oc
casion.
6. Let them that are guilty of perjury, or of d magical
medicines, be cast out from every portion of God, unless
they convert themselves to a just satisfactiouf.
" See DCCCCXXV., third law of King Ethelstan and the note there.

[bucon he gebete, be ma be man- f [pilitpe boeb-bore, right repent-

rlaga, (unless he make 'bot'), any ance, T.j
more than a man-slayer. T.J
 A.D. DCCCCXLV.

[Saxon. King Eadmund held another council of clergy and laitv for
Sir H *
Spelnian, the advancement of Christian religion, the continuance of
vol.i. concord, aud the extinguishing of feuds of his subjects
wiikins, among themselves, as he expresses it. For the attainment
p 2j*5 f this I*8* eu^ he forbids the relations of the murderer to
Thorpe, support him, till they have first paid the satisfaction due
p- for the murder. Those of the five laws that were uow
made, which did more nearly concern the Church, do here
follow.

2- 1. If any man betake himself to the church, or to my

place of residence5, and a man pursue him thither*, then he
is an enemy to the king, and to all his friends, and let him
forfeit all that he hath.
[Addenda.] * [The words " my place of residence ;" and again, law 3, the words " pro
tection in my family," may best be explained by a Saxon note in the Tex-
tus Roffensis among the memorials of King Ethelstan just before men
tioned, viz. " The king's protection shall be from the gate of the burgh
where he is resident, from thence on the four quarters of him to afar ;
that is, three miles, and three furlongs, and three broad acres, and nine
foot, and nine shaffmets, and nine barleycorns f." N. B. A shaffmet is a
measure from the top of the thumb set upright to the extremity of the
palm, about six inches in a tall man.]

s. 2. My will is, that no mulct for fighting, nor satisfac

tion for murder be forgiven.
4. 3. And I declare my will to be, that no one who has shed
men's blood have protection in my family, till he have un
dertaken to make satisfaction to God, and the kindred [of
the slain person], and submit to every right, as the bishop of
the shire directs.
[The rest of this law is obbe stitutes for this the penalty to which
yjclije, ba be 1> be8 ryn par ylcan it doubtless refers in the first law of
scylbije be hie hep beropan cpcefi, the same series, which Mr. Thorpe calls
L. S. \V. T. or do him evil ; be those ' Secular laws of King Edmund.']
who do that liable in the same that is f [King iEthelstau's laws, ir. c. 5.
heretofore ordained. T. Johnson sub- Thorpe, p. 95.]
 A.D. DCCCCXLVI.
ANCIENT FORMS OF ESPOUSALS.

TO THESE ARE IMMEDIATELY SUBJOINED, THE MANNER OP ESPOOSALS,

AND OF LAYMEN'S BETROTHING.

1. If a man will marry* a maid or woman", and she and her Saxon
friends so please, bthen it is fit that the bridegroom, according speiman,
to God's law, and to common 'decency f, do first covenant and ToL j-
promise with him that acts for her, that he desires to have [Wiikins,
her on condition to retain her according to the divine right, v2i6
as a man ought to retain his wife : and let his friend { give Thorpe,
caution for that. V. a.
2. Then let it be known who is bound to maintain [them], P- 22.]
and let the bridegroom promise this, and afterward his
friend .
* Be pipemonner bepebbunge is the title in the Textus Roffensis, says
Mr. Somner, from whom I have the other corrections from the T. R.
b )>onne not bon.
c Sepyrnum, not gebT. R.

3. Let the bridegroom declare with what he endows her,

on condition that she choose [to comply to] his will.
4. And with what he endows her, dif she outlive him. If it
be so agreed, eit is just that she 'have right to half his estate,
and all, if there be a child between them, unless she marry
another husband.
' The Saxon copy puts these foregoing words of the fourth clause to
the end of the third % ; but the Latin here sets us right. By this it appears
that there was a double endowment, one given in hand before the marriage,
the other promised in case the woman survived.

[pebbian, betroth, T.] longs: let the bridegroom again give

f [populb-gepyrnum, the customs a 'wed' for this; and let his friends
of the world, T. ] guarantee it. T.
J [ppynb, friends, T. ; the word is Foster-lean, ' remuneration for nur-
plural throughout.] ture,' probably a payment to the family
$ [II. serxep j>am if Co pvcsnne of the bride. Ancient Laws, p. 108,
hpam 1> pojTep-lean Seb)'P>Sei pebbige note b, but see also Thorpe's Glossary,
re bpyb-guma eft baef, ^ hit abop- art. Foster.]
gian hip n'yn&- After that, it is to be ^f [So Thorpe and V. A.]
known to whom the ' foster-lean' be-
JOHNSOH. A a
 370 ANCIENT FORMS OP ESPOUSALS. [A. D. 94fi.

' I put the comma after bij>.

' healrer oprer-pypbe*. T. R.

5. Let him finish all with a pledge of his promise, and let
his friend be surety for it.
6. If they are agreed as to all the particulars, then let the
kindred take their kinswoman, and wed her to him that
wooed her, for a wife, and an honest life : and let him that
was principal in making the match take surety to this pur
pose t-
7. If they will carry [her] out of [her] land, into the land
of another thane, then her ^expedient is, that [the bride
groom's] friends give security that no hurt be done to her;
and that, if she incur any forfeiture, they are capable to per
form the part of kindred in making satisfaction ; hif she hath
not wherewithal to do it herselfJ.
* For pasb read paeb, so the Latin consilium. And this seems to be Mr.
Somner's opinion.
h By this it should seem that the wife had the property of her own
estate during coverture.

8. The mass-priest shall be at the marriage, who shall, ac

cording to right, celebrate their coming together, with God's
blessing, with all solemnity.
9. It is good to take care that it be known, that they be
not 'afar off related , lest they be again separated, who were
at first wrongfully put together.
' gelaenge T. R., not gleen.

[healrer yPFeJ PXP^'f entitled to into another thane's land, then it will
half the property, T.J be advisable for ber that her friends
t \~\ F J"3'" bopge rebe pr pebber have an agreement that uo wrong slull
palbenb ry, S. W. T., and let hiin take be done to her; and if she commit a
possession of the 'borh' who has con- fault, that they may be nearest in the
trol of the 'wed.' T. et excipiat inde 'bot,' if she have not whereof she can
plegium, qui jus b.ibet in vadio, V. A. make ' bot' T.
' borh' here moans security ; ' wed' be- In accordance with this doctrine it ii
trothal, usually a solemn promise, laid down in the Custumal of Hen. I.
See K. Alfred's Laws, c. 1. A.D. 877.] c. 70 : 'Si mulier homicidium facial.
J [tip hy man bonne uc ojr lanbe in earn vel in progeniem vel parentrs
heban pille on Coper begner lanb, ejus vindicetur, vel inde compunat, non
bonne brtS hipe paeb }> FPynb j>a pop- in virum suum seu clientelam inno-
|'<ipb habban 1' hipe mall nan poh Co content. ' Ancient Laws, p. 109, note
ne bo, ) pjr heo gylr gepypce, i> hV b.]
moron beon boee nylirr, gip heo nserfi [1> hy buph maeg-pbbe Co gr-
or hpam heo bece. S. W. T. But if a laenge ne beon, that they, through kin-
man desire to lead her out of the land, ship, be not too nearly allied. T.]
 LAWS OF THE NORTHUMBRIAN PRIESTS*.

Preface.

A. D. DCCCCL.,
Or thereabouts, I conceive these following laws were made.
Whoever attentively reads them must be sensible, that they
were enacted by a temporal, as well as ecclesiastical au
thority. The reason why the name of the king in whose
reign they were made is not prefixed to them is, that he was
probably a Dane ; therefore the transcribers in the following
ages of King Edgar and his successors, thought fit to leave
out the preface, lest the name of the king should seem a
blemish to the laws themselves. Anlaf was sole monarch of
the Northumbrians from the year 949 to 952; and during
this interval of time I conceive these laws were made. For,
1. It is not probable, that a body of laws with civil penal
ties would have been made for the Northumbrians only, if
their country had not been a distinct kingdom at the time
of making them. Edgar, and his successors, made laws for
all England, not for particular provinces.
2. This body of laws seems to have been compiled under
a Danish king, because they so often inflict the known
Danish penalty called Lahjhht, which I always turn a fine :
and the ore so often mentioned was Danish money.
3. I judge it utterly incredible, that they should have been
made while Oswald was archbishop of York, as Sir H. Spel-
man supposes: for then every page of them would have
breathed threatenings and damnation against the married
clergy ; whereas these laws seem rather to countenance the

[NORD-ftYCOBRK PReOST5C jecture of the latter, which assigns

EADU, Law of the Northumbrian these laws to A.D. 997. See Wilkins,
Priests. T. Wilkins quotes Johnson's vol. i. p. 221-2. not. Cf. Spelin., vol. i.
preface at length as well as that of p. 502. not.]
Spelman, but seems to prefer the con-
a a2
 372 PREFACE.

marriage of the clergy by saying nothing against it, when

the practice was so rife. And yet it is certain, they had the
marriage of the clergy under consideration, from the thirty-
fifth law. Wulfstan was archbishop of York while Anlaf
reigned : and it is very probable, that he might join with King
Anlaf in making these laws; for he was a favourer of the
Danes, at least was severely treated on suspicion of it by
King Edred after he had reduced Northumberland. (I mean
not Wulfstan called the Reprobate, but him that was before
Oskytel.)
The last of these laws does indeed contain a declaration
for one monarchy over the whole nation, but I am apt to
think they meant the nation of the Northumbrians only,
which was governed by two kings, Anlaf and Regenold, but
five or six years before. See Sax. Chron.*
These laws stand before those of Edgar, in the MS. of
CCCC. S. 18, though Sir H. Spelman have placed them
after.
[Addenda.] [A. D. DCCCCL. In the italic preface, and the last page thereof, after
' every priest,' add (' or rather to every deanery, or gild, of priests : for it
seems probable that the gild by degrees grew into a rural deanery.')]

[Clironicum Saxonicum, A.D. 944, ed. Gibson, p. 114-5.]

 A.D. DCCCCL.

1. If any wrong be offered to a priest, let all his" mates, Saxon.

with the help of the bishop, be very zealous for satisfaction : sJ,]mll'n
let them be, as it were, one heart and one soul, as it is written, vol. i.
in every thing that is right. wnkins,
vol. i.
" The practice of entering into gilds, or fraternities, has already been p- 218.
mentioned: those who thus combined together are here called jerepan, 4i<; ]
which I turn 'mates.'

2. And we forbid, what God has forbidden f, that any priest

serve, or take the church that belongs to another; except
any one, by some capital crime, have made himself uncapable
of ministering at the altar for the future. If any priest do
it in any other case, let him forfeit his dignity, and the
friendship of his mates; and let him no where celebrate
mass, till the rightful possessor has it. And let him that
did the wrong pay twenty oreb to the bishop, twelve ore to
the priest whom he removed from his church, twelve ore to
all his mates : and let him also forfeit the money, if he un
righteously gave any, for the other priest's church. cAnd let
every priest find twelve bondsmen, for rightly observing the
priest's law.
k. The ore is generally said to be an ounce of silver : but then sometimes
there are said to be but twelve in a pound, and then the ore consisted of
twenty pence ; at other times there are said to be fifteen ore in a pound,
then the ore was sixteen pence
Thus our northern politicians were reducing the Church into the same
form of government with the state.

3. And if one priest commit a crime, and he celebrate

mass contrary to the bishop's injunction, let him pay twenty
* [ From MS. D. that is MS. CCCC. f [H. Anb Dober rop-boba pe yop-
201, (S. 18;) the same which was used beoba'o", and we, God's messenger,
both by Spelmaii and VVilkins.] forbid. T.]
374 LAWS OF THE [A.D. 950.

ore for [breaking] the injunction, and pay satisfaction for

the crime, whatever it was, over and above.
4. If a priest transgress any public edict of the bishop*,
let him pay twenty ore.
5. If a priest dlay a cause before laymen, which he should
[lay] before ecclesiastics, let him pay twelve oret-
' See can. 7. of King Edgar, A.D. 960, and particularly observe the
use of the word Sceor and Sceocan in both places. The temporal and ec
clesiastical judicatures were distinct in Northumberland. See Ecgbriht's
Dialogue, Answ. 10. Somner countenances this.

6. If a priest transgress the archdeacon's edict, let him

pay twelve ore.
7. If a priest be guilty, and celebrate mass contrary to
the archdeacon's injunctions, let him pay twelve ore.
8. If a priest refuse [to administer] baptism, or shrift, let
him make satisfaction with twelve ore; and especially let
him diligently compound it with God.
9. If a priest do not fetch the echrism at the proper season,
let him pay twelve ore.
* The unction consecrated by the bishop in passion-week ; for the use
of baptism, and of the sick.

10. Let every child be baptized in good time, within nine

nights, under the penalty of six ore : and if the child die a
heathen, within nine nights, let satisfaction be made in re
spect to God, without any worldly mulct ; if it happen [to
die] after nine nights, let satisfaction be made in respect to
God, and let twelve ore be paid for 'the contumacy, because
he was a heathen so long j.
' No word seemB capable of more significations ; all which agree well
enough to this place, heopb may signify the pastor as well as the people ;
it may be taken as hojib, then it signifies the stock, or treasure of the
church : it may be meant as heapb, and then it assigns the cause of the
penalty, viz., the obstinacy of the offender. Mr. Somner inclines to this
last, whom I follow. Sir II. Spelman understands as if it signified the
herd, flock, or people of the parish.

[hirceoper ajen Seban, the bi- TSeo rpa lanje, S. W. T., for the hard-
shop's own edict.] ness through which he was a heathi"
t [xx. op. S. W. T., xx. ores, T.] so long, T.J
Ljoji J>ape lieopbe t>e lie jwer hie-
A. D. 950.] NORTHUMBRIAN PRIESTS. 375

11. If the priest misinform the people, in relation to a

festival, or fasting-day, let him make satisfaction to God,
and pay twelve ore.
12. If a priest unrighteously obtain orders out of his shire,
let him pay twelve ore, and a deacon six : and let them for
feit their orders, unless the bishop of the shire indulge them,
as to this last point *.
13. If a priest celebrate mass in an unhallowed house, let
him pay twelve ore.
14. If a priest celebrate mass without a hallowed altar,
let him pay twelve ore.
15. If a priest consecrate the housel in a wooden chalice
[let him pay] twelve ore.
16. If a priest celebrate mass without wine, let him pay
twelve ore.
1 7. If the priest be careless of the g housel, let him pay
twelve ore.
This must be understood of the Sacrament reserved for sick folk.

18. If a priest celebrate mass more than thrice a day, let

him pay twelve ore.
19. If a man violate the protection of the church, let him
make satisfaction according to the hquality of the church, and
the privilege of protection which belongs to it.
k Qualitatem. Somner.

20. If merchandize be made of a church, let satisfaction

be made by fine.
21 . If a church be brought into ' servitude, let satisfaction
be made by fine.
1 That is, if it have pensions, or secular services imposed on it, such as
great lords laid on those who held lands of them.

22. If a priest be unrighteously turned out of a church let

satisfaction be made by fine.
23. If one wound a priest, let him satisfy for kthe curef,

[) bolian hir haber, bueon rcijie- of the district will grant him the
bircop heom haher gemine, S. W. T., orders, T.J
and forfeit his older*, unless the bishop f ( for the wound, T.J
376 LAWS OF THE [A.D. 950.

and pay for a satisfaction to the altar on account of his orders,

twelve ore : for a deacon, twelve* ore, as a satisfaction to the
altar.
k jtynbla is so turned by Sir H. Spelman conjecturally.

24. If a man slay a priest, let him pay the full were, and
'twenty-four ores to the bishop, as a satisfaction to the altar :
for a deacon twelve ore, as a satisfaction to the altar.
1 Twenty-four ore, according to the common computation, was but so
many ounces, which makes but two pounds. In Ecghriht's time, the
murder of a priest was more than three times as much, yet that was 200
years before this. See Ecgbr. Dial. 734. Answ. 12. Shall we say that
the value of money was raised in the north since that time, by reason of
its scarcity, through the violent inroads of the Danes 1 See Can. 18, 19.
963. Or shall we say, that the former penalty was laid by an ecclesias
tical authority, this by a secular 1 or that the nation being more civilized,
murders were not so rife as of old, and that therefore such severe penal
ties were not necessary ?

25. If a priest do any dishonour to the church, mfrom which

all his honour should arise, let him make satisfaction for it.
" De qua omnia honor ejus processerit. Soinner.

26. If a priest lodge any unseemly thing in a church, let

him make satisfaction.
27. If a priest alienatef any thing from the church, let
him make satisfaction.
28. If a priest wilfully relinquish the church to which he
was ordained, let him make satisfaction.
29. If one priest despise or "vilify another, either in word
or deed, let him make satisfaction.
n bermiprge. Somner.

30. If one priest assault another, let him make satisfac

tion to him, and to the bishop.
31. If one priest assist another in an unrighteous [cause]
let him make satisfaction.
32. If one priest refuse assistance to another in a righte
ous cause, let him make satisfaction.
[vi. op. S. W. T., vi. ores, T.] + [unje, S. V7. T., tum out, T.]
A. D. 950.] NORTHUMBRIAN PRIESTS. 377

33. If one priest do not warn another of what he knows

will be to his damage, let him make satisfaction.
34. If a priest neglect the shaving of his beard, or hair, let
him make satisfaction.
35. If a priest dismiss one "wife* and take another, let
him be anathema.
" cpena, had certainly an honest signification among our Saxon fore
fathers. It denoted the wife of a great man, or even of a king, as well as
of an inferior man. hop-cpaena was the word whereby they denoted a
whore. From hence I am inclined to think, that the Northumbrian priests
were allowed wives when this law was made. Had Oswald been then
archbishop, the priests had been absolutely forbid wives, under the hardest
penalties. Therefore these laws seem to have been made while Oskytel,
or Wulfstan were in the see. Uxorem, Somner.

36. If a priest do not timely ring, and sing the hours, let
him make satisfaction.
37. If a priest come armed into the church, let him make
satisfaction.
38. If a priest do not Pobserve the yearly order in the
chnrch-service8t, by day, or by night, let him make satis
faction.
' Online non seroato absolverit.

39. If a priest do not regularly minister ordeal J, let him

make satisfaction.
40. If a priest conceal his 'tonsure in his travels, let him
make satisfaction.
* That is, the shaved circle on the crown of his head. I read patf as the
text stands, not ppa^, as Sir H. Spelman in margin.

41. If a priest indulge drunkenness, or be a musician, or

ra common rhymerif, let him make satisfaction.
See can. of King Edgar 58 : rcoP is the ordinary word for a poet or
versifier ; C.il, an usual initiatory particle. Somner, Cerevisiarius.

[cpenanroplaere, S. W. T., forsake [reappa'5 (1. rceapp.rS,) bepmbe,

a woman, T. ] enwrap his tonsure, T.j
t [Xirenbebip.be cipichce Reap- ^| [obbe simian, obbe eala-rcop
benunga, S. W. T., misorder the annual pupfte, S. W. T., or become a gleemnn
services of the church. T.] or an 'ale-scop,' T. That is, 'ale-poet,'
J [opbal mirrabije, S. W. T., mis- Bee A.D. 960. c. 58.]
conduct an ordeal, T.]
 378 LAWS OP THE [A.D. 950.

42. If a priest conceal one among many in his district, to

the injury of discipline, let him make satisfaction*.
43. If a priest omit to give notice of any annual 'right,
let him make satisfaction.
That is, Peter-pence, Church-scot, plough-alms, tithes, &c.

44. If a priest decline the synod, let him make satis

faction.
45. If a priest have not submitted to right, but withstand
the sentence of the bishop, let him make satisfaction for it :
let him either be separated from clerical communion, or
forfeit [the benefit of] his 'fraternity, and all his dignity,
unless he submit, and make deept satisfaction.
This must, I conceive, be understood of those voluntary gilds, or
fraternities, into which clergymen and laymen of all ranks entered, for
their mutual assistance and benefit ; and into which the Northumbrian
clergy are supposed to bo combined in the two first of these laws.

46. If any one ube in contempt of J the law of God, or of

the country, let him make earnest satisfaction.
u Perverterit avt violaverit, Somner. This law is repeated again, No. 55.

47. We should all honour and love one God, and dili
gently observe one Christianity, and wholly abandon all
[48.] heathenism . If any man be discovered to practise any
heathenism for the future, either by lots1, or "firebrands5,
or affect idolatry* on the account of witchcraft', if he be
a king's thane, let him pay nine marks and a half ^[, half
[49.] to Christ, half to the king. If he be a landed man of any
[XLII. tip ppeojt pophele hpat 0>J>eon 'bloc, oM>e on =riphte, objw
on hip rcpipt-rcipe betpeox mannum on a?nis 3|iccecpa;jxlup5e,o)>be*ibola
to unpihce pixi;en (pixrjenbe?) Je- pup'SniRe, cither by sacrifice or by
bete i>. If a priest conceal any thing ' fyrt,' or in any way love witchcraft,
in his shrift-district between men tend- or worship idols, T.
ing to wrong, let him make ' hot' for it. Mr. Thorpe in his Glossary regrets
This translation is conjectural, the his inability to offer any explanation
text being apparently corrupt, T.] of ' firhte.' On the fire superstitions
t [l i>e beoppop jebete, and the of Saxon heathendom, see Kemble,
more deeply make ' bot,' T.] Sax. in England, Bk. I. ch. 12. p.
X [pipbe, corrupt, T.] 360-1.]
[The remaining laws are num- ^[ [x. healjr-mapc, x. half-marks, T.
bered by Johnson according to Spel- For an explanation of Johnson's mis-
man's edition: in the margin are placed take in translating such expressions,
the numbers according to the editions see above, A.D. 925, c. 5. p. 3H.
of Wilkins and Thorpe. note J.l
A. D. 950.] NORTHUMBRIAN PRTESTS. 379

other sort, let him pay five marks and a half*, half to
Christ, half to the landlord. If he be a y common man, let [so.]
him pay twelve ore. If the king's thane deny it, let twelve [51 ]
be named to him, let him take twelve of his kindred, and
a 'complement of twelve *of any sortt, and if he be cast,
let him pay a fine of nine marks and a half. If the
landed man deny it, let as large a complement J of his [52.]
equals be named to him as to the king's thane : if he be
cast, let him pay a fine of nine marks and ba half. If the
common man deny it, let as large a complement J of his [53. J
equals be named to him, as to the other : if he be cast, let
him pay a fine of twelve ore.
* So Sir H. Spelman by conjecture turns pphte.
' Sax. jaepbena. Somner seems to think it the same with rjtib-bena, for
he refers to 1009. 25.
' pence, or pent, being thrice repeated in this law, and always, so far as
appears, in the same sense, I conceive there can be no wide mistake in the
meaning of it.
* None of our great Saxon masters have, so far as I can find, given their
opinion of the word pallen hero used. I venture to read palhpsep mdqo,
passim, undecunque, till some better light be offered to this dark word.
'' Mr. Somner has here corrected Sir H. Spelman in relation to the de
nomination of the sums.

48. If there be a c frith-year in any one's land, about a [54.]

stone, or a tree, or any trifle of this sort^f, then let him that
made it pay a fine, half to Christ, half to the landlord : and
if the landlord will not assist in executing the law, then let
Christ and the king have the satisfaction.
* This was some heathen feast, or jubilee, as Mr. Somner calls it, the
memory of which appears not elsewhere.

49. We forbid all traffic in any place, and county- [55.]

* [vi. healjr-mapc, vi. half-marks, 'ceorl' or ruilicta, its derivation is

T.] doubtful." Thorpe, Glossary, art. Faer-
t [l xii. pallen-pente, and xii. bena.]
waller-wents,' T.] H [L1V. I,iprpi-seapb ponhpaer
" The ' Waller-wenta' were probably lanbe abuton rtan, obbe tpeop, obbe
the Celtic inhabitants of Cumbria, so pille, obbe rpilcer temse pleapb. If
designated by the Anglo-Saxons. there be a ' frith- geard' on any one's
Thorpe, Glossary, art. Went-Ssetas." land, about a stone, or a tree, or a well,
J [eal rpa micel pence, as many or any folly of such kind, T.
wents, T.] FprB-Keapb, an asylum, sanctuary.
f [" Evidently synonymous with See Thorpe, Glossary. T.]
 380 LAWS OF THE [A. D. 9-50.

courts, and all manner of work, and all carriage* either by

[56.] waggon, or horse, or dporterst on the Sunday : let him that
does any of these pay a mulct, the freeman twelve ore, the
slave his hide ; except the wayfaring man who must of neces
sity go their appointed stage J. And upon occasion of war a
man may travel on the eve of the feast, in case of necessity,
between York and six miles' distance.
" The Saxon bjpj>en signifies not as the English, burden, but the ser
vant, or hired man that carries it. See Hick. Sax. Gram., p. 152 .

[57.] 50. Let him that violates a feast, or appointed fast, pay a
mulct of twelve ore.
51. And we will have every Rome-penny paid by Peter's-
mass, at the bishop's see ; and that two trusty thanes, and
one mass-priest, be named in every wapentake to collect, and
pay it again in such a manner as that they may dare to give
[58.] their oath to it. If a king's thane, or any landlord, with
hold it, let him pay nine mark and a halfT, half to Christ,
[59.] half to the king. If any 'tenant shift it off, or withhold it,
let the landlord pay the penny, and take an ox from him:
and if the landlord neglect this, let Christ and the king
[60.] take twelve ore for full satisfaction. If any withhold his
tithes, and he be a king's thane, let him pay nine marks
and a half^[; if a landed man, five marks and a half|| ; if a
common man, twelve ore.
* Tune, or ton, often signifies what we now call a farm, a parcel of land,
therefore I turn tuner-man, 'tenant.'

[61.] 52. And we forbid, by a divine prohibition, that a man

have more wives than one; and let her be rightly wedded
and given [by her parents] ; and that no man take a wife
that is related to him, withinf the fourth degree; nor let him
marry any spiritual relation : and if any one do it, let him
want God's mercy, except he desist, and make satisfaction,
[62.] as the bishop directs : if he die in his unrighteous [marriage]
let him forfeit holy sepulture**, and God's mercy.
[labe, journeying, T.] nister. Hickes, Sax. Gram. The*., toI.
t [ge o" bypbene, or as a burden, i. p. 1.52.]
T.] \ [x. healp-mapc, x. half-marks,
% [buron pej-pepenbe, ba moron T.]
pop neobe mere neabe pepian, except || [vi. healp-map-c, vi. half-marks,
travellers, wl.o may in case of need, T.]
convey food, T.] [cleenep lejepep, a hallowed
[bupben^ex Cimbrio 'bur,' grave,!'.]
promptuarittm peiiuarium, et 'ben,' mi-
A. D. 950.] NORTHUMBRIAN PRIE8TS. 381

' It is evident that the marriage, among the Northumbrians, was not
laid under such difficulties, as in other places in this age.

53. If a man lie with a nun, let each of them, both he [6s-]
and she, be liable to a were : and if they die in their [sin]
without desisting, let them forfeit holy sepulture, and God's
mercy.
54. If any man dismiss his lawful wife [while she is] [64.]
living, and *marry another, let him want God's mercy, un
less he make satisfaction for it; but let every one retain [65.]
his lawful wife so long as she lives, unless they both "choose
to be separated by the bishop's consent, and are willing to
preserve their chastity for the future.
I read jeceor, not set

55. If any one for the future be in contemptf of right law, [66.]
let him diligently make satisfaction for it.
56. We ought all to love and worship the one God, and [67.]
zealously to observe the one Christianity, and wholly to
abandon all heathenism: and our will is, that h land-cheap1,
and Mali-cheap', and h wit-word3, and true-testimony4, and
right-doom and hfulloc5, and frum-tale6, and hdrink-lean7,
and landlords rightful-gift8 be firmly maintained; and es
pecially one Christianity, and one monarchy in the nation for
ever.
h These terms are scarce elsewhere to be met with, and therefore no
wonder if we know not their meaning. Mr. Somner has attempted an
explication of some of them in his Glossary, but not with such success as
he had in some points, which yet seemed more difficult J.

[t on nnpiht, and unlawfully, T.] real property was made in a court of

t [pipbe, corrupts, T.] justice.' Ancient Laws, p. 125, note a,
J [Most of these words occur in a and Glossary,
parallel passage of the laws of King * Lah-ceap, ' lah-ceap,' T., ' purchase
Ethelred, who reigned A.D. 978 of law,' redemptio piivilegiorum qua;
111 Hi, and are there explained in the per utlegationem fuerint amissa. This
notes to ' Ancient Laws,' &c. It should is illustrated by the following transla-
be remembered that Johnson's date, tion from the old Danish law ; ' Who-
A.D. 950, is conjectural, and probably ever goes away from the town with his
somewhat too early for the Laws of the wife and goods, and does not return to
Northumbrian Priests, which are placed dwell therein within a year and a day,
both by Spelman and Thorpe after the has forfeited his town-law and town-
canons of King Edgar. right and must buy it to himself again.'
1 Lanb-ceap, ' land-ceap,' T. ; the word Translated from Christopher of Bava-
means literally ' purchase of land,' but ria's Copenhagen Law, V. 33. ibid,
it should be remarked ' that among ull note c.
the Germanic tribes every transfer of "J 3pitpopb -\ *gecjiype gepitiier,
382 LAW8 OF THE NORTHUMBRIAN PRIESTS. [A.D. 950.

Let the name of God be blessed from henceforth and for

ever.
and ' witword' and ' true witness,' T. in the foregoing laws [62] [63]. So
The connection and alliteration is pre King Ethelred's laws say, flea mon
served in the parallel passage of King bine anb on jrul lecje, let him be slain
Ethelred's laws, (i pitpopb -\ sepicner, and laid in the ' ful,' T. See Thorpe,
and ' witword' and ' witness,' T.,) where K. Ethelred's Laws, I. c 4. p. 120;
witword is explained in the note as III. c 4. p. 125 ; Cnut, sec c. S3, p.
'perhaps equivalent to the wager of 170; Glossary, art. jrul; Bosw. Diet.
law.' Ibid, note d. Loc
pilloc, 'fulloc,' T. Of this word 'rjium-ralu, prima testium dicta,
Mr. Thorpe gives no explanation either primo delatio. Lye quoted in Thorpe's
in his notes or Glossary, Spelman Glossary. Probably the word is equi
leaves it untranslated, Wilkins without valent to rpum-tyhrle, prima accu-
authority reads jnll-seb, plenarium ju- satio, prima calumnia, (ibid.,) and if so
rainentum, Somner and Lye in their denotes the first step in public infamy,
dictionaries say forte baptismus, the as the last is signified by fulloc. See
proper word for which would be K. Ethelred's Laws, I.e. 2 ; Thorpe,
rulluhc. p. 120; K. Cnut, sec 35 ; ibid. p. 170.
The word is resolvable into pul, 7 bjiince-lean, retributio potus.
* foul,' and loc, ' enclosure,' and com Brompton in x Script., p. 931.
ing next after ' right-doom' seems to 8 hlajropber pihe giju, the ' hlafordY
refer to the treatment of those who ' riht gifu,' T., which in later times has
were found guilty (jrul) of certain been called ' infeudation.' K. Ethel
crimes, and to mean the foul grave red's Laws, III. c 8 j Thorpe, p. 125,
which was part of their punishment as note b. ]
opposed to the ' clean grave' mentioned
 A.D. DCCCCLVII.

ELFRIC'S CANONS.

Preface.

There is no English name before the Conquest, nor for

some ages after, that has more books, especially translations,
ascribed to it, than that of Elfric. It is generally agreed,
that they are all the work of one man, surnamed the Gram
marian, on account of his having written a grammar for the
Latin tongue: and the same man is commonly thought to
be that Elfric, who was advanced to the see of Canterbury in
the year 995, and who died 1005. But Sir H. Spelman was
rather inclined to think, that Elfric, who was archbishop of
York from the year 1023 to 1053, drew the following canons,
and that the Wulfin, to whom they are directed, was he that
was bishop of Dorchester; yet he doubts, whether the last
had entered on his see before the other was dead. And
farther, it cannot in reason be thought, that the Elfric who
wrote the following letter and canons, was at the time of
writing them, superior to that Wulfin for whose use they
were drawn ; but rather the contrary, as these words in the
front do plainly imply, viz. : We have already obeyed your
commands ; in Latin, obtemperavimus jussioni tuai libenti ani-
mo. I should rather think, that the Wulfin who was made
bishop of Shirburn 940, or 941, and died so, 958, was he to
whom Elfric writes : he was indeed only a priest, and a pri
vate monk, and not above thirty-two years old (unless you
will suppose him to have been above eighty at the time of his
death, viz., in the year 1005) : but he was the prodigy of his
age, sufficiently qualified to compose the following canons,
especially if we will allow him the assistance of his master
Ethelwold, abbot of Abbindon, under whom he was study
ing. Nor are we to wonder, that he calls Wulfin the bishop,
384 PREFACE.

brother; for this latter had been monk under Dunstan at

Glastonbury, before he was bishop, and the relation of monks
was then esteemed indelible ; Alcuin, though but an abbot,
as jElfric probably now was, calls Abp. Eanbald his dear son,
in a letter written to him, and preserved in the MS. of CCCC.,
from which the excerptions commonly ascribed to Ecgbriht
were transcribed, and of which I have so often made mention
in my notes on them*. When I suppose him to be thirty-
two years old, I do it on presumption, that he drew these
canons in the year 957, when Wulfin was probably too old
to compose a work of this nature ; and therefore was forced
to ask the assistance of Elfric ; and we may fairly conclude,
that he was under the infirmities of age, if we consider that
he had been bishop about seventeen years, and did not out
live the year 958. If these canons were composed in the
year 957, we must own they were well timed : for they begin
with a condemnation of the married clergy, which was very
seasonable, when Dunstan was now recalled from banishment
by King Eadgar, who this year, by the death of Edwy, became
sole monarch of England. For it is well known, that these
two great men employed their zeal chiefly against the mar
riage of the clergy, and in ejecting the secular canons out of
the monasteries, which they took possession of in the time of
Abp. Ceoluoth. Elfric was a man of the same spirit, as he
shewed not only by his writings, but by his finishing the re
formation (if I may so call it) begun by Dunstan in the
church of Canterbury. It seems probable that King Edwy,
who always countenanced the seculars, and the married
clergy, had, while Siricius was archbishop, reversed, in some
measure at least, what had been done by Dunstan in this re
spect. But when Elfric was promoted to the see of Canter
bury he gave the finishing stroke by expelling the seculars,
and settling monks in that church.
About thirty years since a very learned man wrote a dis
course, De duobus JElfricis, in which he undertakes to prove,
that Elfric the Grammarian, and great writer, was he that
was archbishop of York from the year 1023 to the year

[See above, p. 224, and B. Fl. fluous, as may be seen by the first
Alcuini, Op., torn. i. p. 63. Kp. 51. sentence of .'Elfric' s preface to bis
Tin' illustration nevertheless is super- canons.]
 PREFACE. 385

1053*. I find learned men not satisfied with his arguments ;

and especially because his capital argument is founded on a
very gross mistake, which he received by tradition from other
learned men, who had misread iElfric for iElfred in the in
scription of a manuscript copy of the Chronicon Saxonicum
in CCCC : by which mistake he makes the Grammarian but
eleven years old in the year 963, of which see Mr. Wanley
in his preface to his catalogue. Yet there is one thing in
the treatise De duobus ^Elfricis, which promises us some
light in this dark point, I mean, the discovery of a Wulfin
that was bishop of Shirburn from the year 980 to the year
998 : and it is to be observed, that Elfric was in the year
994 bishop of Wilton ; and if these canons were sent during
the short time that he was bishop there, he might justly style
himself Wulfin's brother ; or if they were sent on any year
between 980 and 994, the freedom which he uses with Wul
fin may be better justified, and his age did the better qualify
him to perform such a work. If indeed, as the author of
that treatise would have it, these canons were translated
from Latin into Saxonic, when Elfric was sent by Alphage,
bishop of Winton, to regulate the new-built monastery of
Cernell, (which he places in the year 987,) then they must not
only have been formed, but translated before Elfric was
bishop of Wilton. But the letter to Wulfin expressly says
that these canons were first drawn in Saxonic, which he there
calls the English tongue ; when therefore Elfric in his preface
to his book of sermons, to which these canons are annexed,
says that he translated this book at that time, he must be
understood of such parts of the book as were before in Latin :
and perhaps these canons were then no part of that book,
but were afterwards added by transcribers. Therefore the
decision of this point at last turns upon the credit of the
authors. The evidences for the first scheme are Florentius
Wigorniensis, et Matthseus Florilegus ; Mr. Wharton's evi
dence is from John Fleke a transcriber of Sulcard, a monk
of Westminster. These will scarce cast the scales against the
other two. The author of the treatise De duobus JElfricis, says;
there are many charters to which Wulfin bishop of Wilton
was witness, and subscribed as such, between the years 980
[H. Wharton, Anglia Sacra, i. p. 125-134.]
JOHNSON. B b
386 PREFACE.

and 998. But charters are suspected things, and as we

cannot condemn them, so neither can we accept them for
evidence unsight, and unseen; therefore, in fine, I prefer
the first account (with submission to better judgments) and
shall therefore date them 957.
Though this composition pass under the title of Elfric's
Canons, and I have hitherto complied with that common
way of speaking, yet I must here take leave to intimate my
opinion, that it is rather to be called a charge from the
bishop to the clergy. I am sensible the diocesan canons
were little else than the injunctions of bishops to the clergy
of their dioceses; but then these injunctions were formally
read by some clerk, and agreed to by the applause, or at
least by the silence of the priests. But the whole of what
is contained in the following articles is expressed by way of
positive command by the bishop, without any mention of a
synod's consent : and it would probably have been impossible
for any bishop to have procured even the tacit consent of his
clergy to what is here said against their marriage : and in
deed synods, and chapters of all sorts were very rare by rea
son of the Danes' perpetual invasions in this age ; and I am
therefore persuaded that this charge was to be delivered to
the clergy at their fetching the chrism and holy oils from
the bishop in Passion-week. It is evident that the assument
which I have added from the MS. in CCCC was intended
purely for this occasion ; and I see no cause to question, but
that that was designed as a piece of the foregoing charge.
In truth, the letter of Elfric to Wulfin intimates as much :
" We write" (says Elfric) " the following part of the epistle in
English, and in such a manner as if you yourself dictated it
with your own mouth :" therefore the whole seems to have
been an epistle sent to every priest together with the chrism.
It may justly be supposed that the generality of the priests,
especially they who lived remote from the cathedral, could
not come personally to fetch it, but sent some clerk to bring
it ; and the letter was delivered to the messenger, together
with the cruises of chrism and oils : they who lived near to
the bishop's church might come in a body and receive the
charge from the bishop's mouth ; the rest could not be spared
from their churches at that solemn season.
 PREFACE. 387
As Elfric's homilies were publicly read in churches, so it
seems probable that his charge was a common form for all
bishops that had it by them, with some little variations, as
the occasion required, which shews the reason of the differ
ence of copies. It was first composed for the bishop of one
diocese, but it seems to have been a national form ; I mean,
used by bishops of both provinces*.

[The Anglo-Saxon homilies were unum nomine Elfricum virum mori-

probably written by jElfric, archbishop bus ccclesiasticis expertissiinum offi-
of York A.D. 1023-53. See Homilies ciis, famosissimi constitui custodem
of the Anglo- Saxon Church, ed. Thorpe, ccenobii, quod Angli bifario vocitant
preface, p. v. onomale Maldelmesburg." (Charta Re
The following passages from Wil gis Edgari, A.D. 974.)
liam of Malmesbury, though not clear Hie est Elfricus ; qui omnem curam
from chronological difficulties, seem lo ad beatam transferens Mariam, pos
be of special value for determining the sessionem et nomen monasterii ejus
authorship of the canons contained in delegavit ditioni ; ut tacito interim
the succeeding pages, and to shew that beatissimi Petri nomine, ipsa sola loco
the ./Elfric who wrote them was neither videatur imperare. Nee fastidirit glo-
the archbishop of York nor the arch riosa Domina illustris et praedicandi
bishop of Canterbury of the same viri munus ; quinimo usque hodie
name: praesidet ecclesise, sanctissimi Aldelmi
Wilfsinus. Hunc Dunstanus, archi- communionem in potestate amplec-
episcopus cum esset episcopus Londo- tens. -Emu peritum literarum prae-
niae, abbatem apud Westmonasterium sertimque elegantissimum interpretem,
fccerat; instructo ad 12 monachos cce- nisi fail ax tradit vetustas, aedificandi
nobiolo, in loco ubi quondam Mellitus gnarum ; qui omnes monachorum offi-
ecclesiam Sancto Petro fecerat. Ila cinas eo tempore praestantissimas, nee
commissum officium sancte et pru- adhuc adeo despicabiles iundavit et
denter administranti honos episcopalis consummavit. Elfricus sane cum jam
apud Schireburniam impactus : qui grandaevus esset, in episcopum Cridi-
confestim in sede episcopal! monachos ensem altatus, vix iv. annis superfuit
clericis ejectis instituit, ne in tanta Reliquit aliquantos codices, non exigua
contemporaneorum episcoporum sedu- ingenii monumenta ; Yitam Sancte
litate dormitare videretur. Will. Malm, Adelwoldi, antequam earn Wolstanus
de Gest Pont Angl., lib. ii. p. 248. 20. operosius concinnaret ; abbreviationem
" Idiotis nempe clericis ejectis nul- passionis Sancti Edmundi ; libros mul-
lius regularis religionis disciplinse sub- tos ex Latino in patrium sermonem
jectis, plurimis in locis sanctions seriei versos. Will. Malm, de Vita Ald-
scilicet monachici habitus prasfeci pas- helmi, ap. Wharton, Anglia Sacra, vol.
tores : ad ruinosa quieque templorum ii. pp. 32-3. See also Lingard's An
redintegranda opulentos nscalium mu- glo-Saxon Church, vol. ii. pp. 454-6.]
nerum eis exhibens sumptus : Quorum

Bb2
 A.D. DCCCCLVIL*

Latin. Elfric, an humble brother to the venerable Bishop Wul-

[Sir H.
Spelman, fins, health in the Lordf. We have readily obeyed your
vol. i. command ; but have not presumed to write any thing con
p. 572.
Wilkins, cerning the episcopal office ; because it is your part to know
vol. i.
p. 250.
how to be an example to all by an excellent behaviour, and
Thorpe, by your continual admonitions 'to persuade your subjects to
p. 44i.t]
be saved : which things I speak in Christ Jesus, because ye
ought often to confer with your clergy , and to reprove their
negligence ; for through their perverseness the canonical de
crees and the doctrine of the Church are in effect abolished :
therefore deliver your own soul, and inform them what they
are to observe, as they are priests and ministers of Christ,
lest you perish with them if you become a dumb dog. We
write the following part of the epistle in English, and in such
a manner as if you yourself dictated it with your own mouth,
and said to your subjects of the clergy.

Saxon. 1. I tell you, priests, that I will not bear your neglects
of your ministry. And I tell you in good sooth how the
matter stands with priests : Christ "established Christianity
and chastity ; and all that went with Him in .His way for
[These canons are assigned by cus, dum alloquitur eum fratris no
Wilkins to A.D. 970, on the authority mine.' On the contrary, Ussher, as
of Archbishop Ussher, who asserts that quoted by Wilkins, shews that ' hu
they were written by /Elfric, afterwards milis frater' as usual means ' humble
abbot of Malmesburv, at the desire of monk.']
Wulfsin, bishop of Shirburn. Wilkins, I [From MS. D, as Wilkins, with
p. 255-6 note; Will. Malm. De gesl., variations from X.]
lib. ii. p. 2*8. 20 ; Vita Aldhelmi, in ' [Suhditos exhortari ad salutem
Anglia Sacra, vol. ii. p. 32-3. For a <|u:e est in Christo Jesu. Dico tamen
discussion on the jElfrics, see ' Iiio- quod ssepius deberetis vestris clericis
graphia Britannia Literaria, Anglo- alloqui, W. T., ' to exhort those under
Saxon period, by T. Wright.] your authority to the salvation which
t [jElfricus humilis frater venera- is in Christ Jesus. I say, however,
bili episcopo Wulfsino salutem in Do that often ye ought to speak to your
mino, W. T. This address has been clergy.' Johnson was misled by Spel-
strangely mistaken by Spelman, who nian's text.]
ays, ' Wulfsino parem innuit se jElfri-
 A.D. 9S7.] ELFKIC'S CANONS. 389

sook every worldly thing, and the company of their wives ;

therefore He Himself said in His Gospel, " He that hateth
not his wife is not a minister worthy of Me."
' So Somner.

2. After Christ's ascending up again to the kingdom of

heaven, and the death of the venerable Apostles, there was
such a persecution raised throughout the world, that no
synod of God's servants could be assembled by reason of
the heathen b murderers, who earnestly sought their death,
till Constantine the emperor, who had all the world under
his government, submitted to Christianity.
b Persecutors. Somner.

3. Then he assembled a synod at the city of Nice, of three

hundred and eighteen bishops of all nations, for the settling
of the faith : there were many cfamous bishops that wrought
many mighty wonders at the synod* : and they excommuni
cated Arius the mass-priest, because he would not believe
that the Son of the living God was so mighty as His great
Father is; therefore they all condemned this man of the
devil, but he would not desist till he saw all his entrails
[gush] out together f, when he went to the house of office.
c Multi praclari. Somner.

4. By this synod the liturgy of the Church was established,

and the mass-creed, and many other things concerning the
worship and the servants of God.
5. They all decreed, with an unanimous resolve, that
neither J mass-priest, deacon, nor canon-regular should re
tain any woman in his house, except mother, or sister, or
aunt, by father or mother; and that he who did otherwise
should forfeit his order.
[Deep paspon rpa msejie birceopar Wilkins mistook the word rah, which is
manege on J>am ryno$e ~P hi pypcean the past tense of psan, to fall. See
iniliran punbna, -\ rpa bybon, There Rask's Grammar, No. 192, 247.]
were so many great bishops at that J ["b naflep ne birceop lie, S. W. T.,
synod, that they might have wrought that neither bishop, nor, T. The omis-
miracles, and so they did, T.] sion of these words in Johnson's trans-
+ [eepbam be him pah re lnnotS eall lation could hardly have been intended,
enbemer ur, till, at last, his intestines See above, Excerptions of Ecubriht,
all fell out.T. ; Spelman, Johnson, and A.D. 740, c. 31, p. 190, notes t .]
390 ELFEIC'S CANON8. [A. D. 957.

6. This seems strange to you to hear: dfor ye have so

brought your wretched doings into fashion, as if there were
no danger in a priest's living like a married man*. Now
ye say, ye cannot be without the attendance of a woman :
how then could those holy men edwell without a womant?
And they have now the reward of their purity of heart in
life eternal without end. The priests now reply that Peter
had a wife: they say what is very true; for so he might
under the old law, before he submitted to Christ; but he
left his wife, and every worldly thing, after he had submitted
to Christ, who instituted chastity.
< CCC MS. L. 12. pop ban be e habbab eoppe ypmbe rpa on gepunan
gebpohr, ppylc hyc nan pleoh ne py, &c., as in Sir H. Spclman. Mr. Somner
had so corrected this text, and so renders it as I have done, save that he
turns ypmbe, calamiiatem.
' puman, not pum

7. The bishop, under the old law, might marry an uncor-

rupted maid, and might use her at set times, because one
only family could be of that order, and that always: nor
could one be 'chosen out of any other stock. And he must
marry gbnt once, and then not a widow or divorced wife, but

[1> re ppeopr hbbe rpa rpa ceopl, a variation of Bodl. MS. Junius 127,
S. W. T., that the priest live as a com- the words which in the following quo-
mon man. Ceopl meant a freeman of tation are marked by italics,
ignoble rank, a churl, a twyhinde man Now this will seem to you prints
(estimated at two hundred shillings) strange to hear, because ye hae
who had full liberty to marry, and brought your wretchedness so into a
usually was married, and so secondly custom, as if it were no danger that the
a husband. Compare in Elfric's eighth priest live as the 'ceorL' Now ye say
canon, bsep man ejx pipa^S oft"Se pip epc that ye cannot be without a wife, b*l
ceopla'5, where a man marries a second the holy fathers, who were before us, se
wife or a woman a second husband. as was Saint Jerome the priest, ami
See also Anglo-Saxon version of the Saint Anastasius the priest, whom SaisJ
Holy Gospels, ed. Thorpe, John iv. Basil the bishop made known, and Saht
16 18.] Beda the priest, whose bones rest a
y [bucan pipe, S. "VV. T., without Yarrow, and numberless others, whase
wives, T. ; more literally ' without wife ;' names we know not, over all the glob* <f
the word is the dative singular, and is the world, practised abstinence from tir
not ambiguous here because iElfric society ofwoman, and with all continence,
uses the same word for ' wife' in the and obedience to God and their sepe-
after part of the canon, but above in riors, well propitiated God, and tbey
this and the foregoing canon he uses have now, &c. Ancieut Laws, &c. ;
wif-man, wimman, to mean woman; Canons of jElfric, c. 6, p. 442, note 2.
so ' without the attendance of a woman' The words pel RecpemNin, here tran*-
is, in the Saxon, bucan pimmanep lated 'well propitiated,' mean rathrr
benunjum. ' were well-pleasing to.' See Anglo-
With the exception of the two points Saxon Heptateuch, Gen. vi. 8 ; Anglo-
last noticed, Thorpe translates this Saxon version of Holy Gospels Job"
canon nearly as Johnson, but gives as viii. 2D.]
A. D. 957.] ELFRIC'S CANONS. 391

a maid, as we said before. And they h might well have a

wife in those days : for then they never celebrated mass, nor
houseled men, but offered beasts after the ancient manner,
till Christ hallowed housel before His passion, and instituted
the mass ; which is still in force through Him.
' Sir H. Spelman berceor, which I took to signify chosen, deleting the
first r. ButtheCCC MS. has bipceop*.
* This particular does not appear by the sacred text, Lev. xxi. 13, 14.
h For nabban read habban, and dele pe, CCC MS.

8. It was also decreed in 'the same synod, that he who

marries a widow or divorced wife; or he that [married] a
second time be never admitted afterwards to any order, nor
hallowed to priest : but that he be chosen to holy order that
has but one wife, and her uncorrupted, as the Apostle kPaul
wrote in his epistle.
' on bam 5'lcan is superfluously repeated.
* The Apostle teacheth that a bishop should be a husband of one wife,
that this wife should be an uncorrupted maid he saith not, 1 Tim. iii. 2.

9. Nor may any priest be at a wedding, where either the

man or woman is married a second time, nor bless their con
junction : let such an one be so marked f 'as that it had been
better for him to have continued in chastity : yet the layman
may, by the Apostle's permission, marry a second time, if his
wife fail him. But the canons forbid a blessing to it, and
appoint a satisfaction [to be made] by such men.
rpa "(> him relpe pteji J> hi punobon on cleennyrre. Se lepeba mot rpa
beali be haer Aporcoler lscp obpe ribe pirijan. S)'p hip pipe him t pylb.
Thus Sir H. Spelman's copy is supplied by the CCC MS., L. 12.

10. There are seven orders appointed in the Church: the

first is ostiary, the second lector, the third exorcist, the fourth
acolyth, the fifth sub-deacon, the sixth deacon, the seventh
presbyter.
11. The ostiary is keeper of the church-doors, who is to

* [birceop, W. T., bishop, T.] a second wife, or a woman a second

t [rpy'ce man bycnije him, T., as husband, nor together bless them, as
may be signified to him, T. The whole may be signified to him ; so that it
sentence is given by Mr. Thorpe thus : were better for them that they con-
" Nor may any priest be at the mar- tinued in chastity."]
riage any where, where it man marries
392 ELFRIc's CAN0N8. [A.D. 957.

notify the time with the bells, and to unlock the church to
believers, and to lock out the unbelievers.
12. The lector is to read in God's church, and is ordained
to publish God's word.
13. The exorcist is, in plain English, he that with invoca
tions adjures malignant spirits, that delight in vexing men,
through the Almighty* Name, to depart from them.
14. He is called the acolyth, who holds the candle or
taper, at the divine ministration, when the Gospel is read,
or the housel hallowed at the altar, not as if he were to drive
away the obscure darkness ; but to signify bliss by that light,
to the honour of Christ, who is our light.
15. Sub-deacon is plainly the under-deacon, he that brings
forth the vessels to the deacon, and humbly ministers under
the deacon with the housel vessels at the holy altar.
16. The deacon is he that ministers to the mass-priest, and
places the oblation on the altar, and reads the Gospel at the
divine ministration ; he may baptize children and housel the
people. They "ought to serve their Saviour in white albs,
and preserve the heavenly life with purity, and let all "be
done as becometh that order t. The priest that remains with
out a deacon, has the name not the attendance of a priest.
" fta rceolan on hpiEum album bam hielenb beojngan, &c. So CCC MS.
busenb. CCC MS.

17. Presbyter is the mass-priest, or elder, not that he is

old otherwise than in wisdom. He halloweth God's housel
as our Saviour commanded : he ought by preaching to "in
struct the people in their belief, and to give an example to
Christians by the purity of his manners f. There is no more
between a bishop and a priest, but that the bishop is ap
pointed to ordain, and to bishop "children, and to hallow
churches, and to take care of God's rights : for they would

[?}elenber, W. T.( Saviour's, T., efficient persons, so as is befitting the

jElmihrigan, S. X.] order. T.]
t [Da reeolon on hpyrum album J [) bij-hpne rcealbeonrpylcelajfe-
bam flajleiibe beopijan, ) -p heopenlice bpa manna, S.W.T.; and bis life should
hjr healdan mib cleennyrre, ^ eall bu- not be as that of laymen. T. It is
Jenbe beon, rpa rpa lnc jebarena'S strange that Johnson should have omit-
bam habe. W. T. They shall minister ted this clause, which lis given in the
to the Saviour in white albs, and lead translation as well as text of Spelmati;
a spiritual life in chastity, and all be compare above, c. 5.]
A. D. 957.] ELFRIC S CANONS. 393
be abundantly^ too many if every priest did this, he hath the
same order, but the other is more honourable.
lsepan, COC MS., instead of Sir H. Spelman's la an.
* co bipceopienne cilb. T Co halrgan cypcan. CCC MS.
' CCC MS. has manig-pealb for mamsealb, and omits niajnnije-realb.

18. There is no order appointed by ecclesiastical institu

tion but these seven, as we now said, monkship and abbot-
ship are of another sort, and are not to be reckoned in this
number : let no man add any order (so miscalled) to these
orders. r The souls of the priests that keep themselves chaste
are an holy oblation*.
' I remove the stop from hepco, to after ha&ar.

19. Now it concerns mass-priests and all God's servants

to keep their Churches employed with divine service. Let
them sing therein the seven tide-songs that are appointed
them, as the "synod earnestly requires, viz., the 'uht-song,
the uprime-song, the x undern-song, the midday-song, the
? noon-song, the even-song, the 'seventh [or night]-songf.
[Spelman's translation of this -) nihe-pang peopo$on. So as the synod
canon is nearly right, but the Saxon has directed : matins, prime, tierce,
text of the latter part, as given by him, sext, none, vespers, and compline se
is so imperfect that it is no wonder venth. T.
that Johnson in trying to make sense In connection with this clear and
of it has missed the meaning of the complete list of the seven canonical
author. The text and meaning of the hours observed in the Anglo-Saxon
canon, both in Wiikins and Thorpe, Church, it should be remarked that
are thoroughly clear. between the first and second was a ser
XVIII. Nip nan hab gepetre on vice which had a distinct name, lop-
cypiclicum bear-uin bucan bap peo- rang (praise-song) answering to ' lau-
pon, ppa ppa pe paebon nu, munuc-hab des' of the Roman Breviary. Hence it
1 abbub-hab rynbun on o'Spe pipan, -\ would appear that there was iu theory
lie pynbon gerealbe Co bipum gerele, a religious service for every three hours
ne eac nunnan-hab nip na genamob in the twenty-four, the normal times
hep-co. Dap habap pynbon hahge, -) for which at the equinox, according to
Co heopenum gebpinga'5 baspa ppeupca our reckoning, would be,
papla be hy pypeplice healbaft. 12 o'clock at night, uhc-pang, that
There isino order appointed in the is, the song of the after part of the
ecclesiastical ministries but these seven, night ; see l's. cxix. 62. In the Roman
as vie have just said. Monkhood and Breviary it is called matuliaum, matin,
abbothood are in another manner, and and its portions nocturns ; - 1 Htrii's
are not reckoned in this number,*nor Latin name for it was nocturna.
also is nunhood named herein. These 2 3 a. m., lop-pang, which has
orders are holy, and brinr to heaven been already mentioned, and was not
the souls of those priests who seriously reckoned as a separate canonical hour,
observe thein. T.] but as the sequel of uhc-pang ; so in
t [rPa ppa pe pnoft hi gebihce, uhc- jElfric's Pastoral Epistle, c. 31 : Se
pang -) ppim-pang, unbepn-rang -J popma cib-p.mg ip uhc-paug, mib bam
niibbasg-pang, non-pang 1 aspen-pang, teprep-j auge be bap-ro geuipufl, the
394 ELFRIC S CANON'S. [A.D. 957

Perhaps the synod of Nantz, A.D., 890. See Distinct. 91 .

' Commonly called mattins, sometimes nocturns, sometimes there were
eight canonical hours, then nocturn was at midnight : when it was deferred
to mattins (that is sometime before daylight) it was still by some called
nocturns.
" Seven a clock in the morning, which was the first hour, or one a clock
in the Latin account.
* Nine a clock in the forenoon with us ; tiers, the third hour with the
Latins.
' Three a clock afternoon with us : none, hora nona with the Latins.
" Nine at night, compline.

20. And they shall pray devoutly for the king, and for
their hishop, and for their benefactors, and for all Chris
tian people.
21. And [the priest] shall have the furniture for his
ghostly work before he be ordained, that is, the holy books,
the psalter, and the "pistol-book, Gospel-book, and mass-
book, the b song-book, and the c hand-book, the calendar, the

first canonical hour is matins, with the Johnson's assertion that there were
after song appertaining thereto, T. sometimes eight canonical hours is cer
JElfric, in MS. Bodl. Jun. 121. f. 42 b, tainly not accurate as regards the times
calls the service to be said at dawn of yElfric, for in the same MS. which
' matutinale officium,' and in the Latin contains his canons while a service is
and Saxon colloquy it is called, bsex,- given under the title ' De matutiuali
peblice lof-rangar, * matutinales lau- officio,' to be said at dawn, it is placed
des,' which is probably the first step as coming shortly before prime, as in
towards the word ' matins,' as applied other cases it followed soon after uhc-
to the morning service in the book raug, matin, but the canonical hours
of Common Prayer. are still reckoned to be seven in number.
67 a. m., ppim-rang, prima (sc. To pelban hit bvS, beo hit a pelbop
hora) prime, the Latin names for this on beef; bet pe nob hepian, )>onne rtro-
and the remaining hours were the same pon p'Sum, 'oeet if asne aejiejx on aepne
iu yElfric's time as in the Breviary. mongen, ^ ept on uubepn nbe, -\ on
8 9 a.m., unbejin-ranj, tertia (sc mibne basg, ) on non, -\ on aspen, ^ on
hora) tierce. popan niht, -j on uhran tiraan.
11 12 m., mibbses-rans, sexta (sc. Too seldom it will be, be it ever
hora) text seldomer in the day that we praise God
2 3 p. m., non-ranj;, nona(sc. hora) than seven times, that is, once first in
none. See Johnson's remarks below, early morn, and again at undern-tide,
A.D. 958, 5. and at midday, and at none, and at
6 7 p. m., aspen-rang, vesperum(sc. even, and at forenight, and at after-
officium) in A-'Al'ric's colloquy, but in night.
the Breviary, ad vesperas, (sc. laudes MS. Bodl. Jun. 121. f. 42 b. See
sivepreccs,) vespers. The Saxon name above, A.D. 740, c. 28; .Slfrici collo
is clearly the origin of the word even quium in Thorpe's Analecta, p. 83-4;
song in the book of Common Prayer. j&lfric's Pastoral Epistle, c. 31. in
89 p. m., mht-ranj;, completorium, 'Ancient Laws,' &c, p. 457; Hickes't
compline. This hour ./Elfric explains Controversial Letters, Appendix.]
(MS. X. f. 42. b.) as on popan niht, [Gratiani Decretum, p. 547. The
that is, in the forenight, to distinguish council of Nantz does not appear to
it from uhr-rans, and speaks of it as be the authority to which jElfric re
coming just before going to bed. fers. ]
A. D. 957.] ELFRIC S CANONS. 395
dpasconal, the epenitential, and the lesson-book*. f It is ne
cessary that the mass-priest have these books : and he cannot
be without them, if he will rightly exercise his function, and
duly inform the people that belongeth to himf. [And let [Addenda.]
him take care that they be well written.]
* These books did not contain the entire Epistles, or entire four Gospels,
but such portions of them as were assigned to be read at the altar at mass.
b Elsewhere called the antiphonary.
' The manual in the const, of Archbishop Winchelsey, anno 1305.
" CCCC MS. has Pajropale, but this was the same with the penitential :
therefore Sir H. Spelman's text is here to be preferred. The passional was
the same with the martyrology ; it contained the account of all the saints,
and the days of their suffering or death, and Durandus says it was read in
the church J. It may not be improper here to take notice of the catalogue
[The names of these books in the c. x. n. 14 ; cf. Grat Decret. dist. 38.
copy of Elfric's canons, in the MS. Quae ipsis.
Boill. Jun. 121, f. 105, are thus given: Ex prcemissis ergo liquet quod in
rynb )>a halgan hec, ralrepe -j pircel Ecclesia libri novi et veteris Testa-
hoc sobrpell boc, "j maerre boc, ranx, menti leguntur. Circa libros ecclesi
bee t hanbboc, jeptm -\ parponalem, astic! officii sciendum est, quod ipsum
penicennalem, -j psebius boc ; ' that is, officium consistit in cautu, et in lec-
the holy books, psalter, and epistle tione ; de cantu tres sunt libri, de
book, gospel book and mass book, song lectione sex. Sunt etiam quidam alii
books, and hand book, calendar and libri Ecclesiastici: prout in secunda
passional, penitential and reading parte in fine tractatus de Sacerdote
book.' This text in the two words dictum est. Sane tres libri cantu, sunt
ranbec < song books,' and parrionaleni antiphonarius, graduarius, et tropho-
* passional,' differs from Thorpe's edi narius. Antiphonarius, a digniori vi
tion, but agrees with that of Spelman, delicet, ab antiphonis nomen sumpsit :
and is doubtless the true reading. quas beatus Ignatius patriarcha audivit
fcepim, which Mr. Thorpe translates per Angelos decantari, cum tamen ibi
' numeral,' seems to have included the sunt responsoria atque versus. In pie-
computus, or book in which the eccle risque tamen locis liber iste responso-
siastical seasons were computed and narium, a responsoriis quje ibidem con-
the calendar properly so called. Cf. tinentur appellatur. Graduarius, die.
Durand., lib. viii. c. 1. De Computo tus est a gradualibus, quae in eo conti-
et Kalendario.] nentur, qui a pluribus orficiarius nun-
f [be him-locaft, -\ beo he tec bam cupatur, ab officiis, seu introitibus,
paep i> hi beon pel jepilice, W. T., who qui ibi continentur : graduale dictum
look to him ; and let him be careful est a gradibus. Trophonarius est liber
that they are well directed. T.] continens tropos, id est, cantus qui
J The former part of Johnson's note cum introitu missic dicuntur, prssser-
affords a valuable emendation of the tim a monachis. Vocantur etiam tropi
CCCC MS., but the after part of it is sequentia?, sive prosse Kyrie eleison et
very inaccurate, as may be seen by neumte.
the following extracts from Durandus: Ceterum libri lectionum sunt isti :
Porro sicut ait beatus Augustinus, Primus est Bibliotheca. Secundu
sacerdotes scire debent librum sacra- homiliarius. Tertius, passionarius.
mentorum, sive Missale, Lectionarium, Quartus, legendarius. Quintus lec-
Antiphonarium, Baptisterium, Com- tionarius. Sextus, scrmologus. Bibli
putum, Canones penitentiales, Psalte- otheca a Graeco nomen accepit, et est
rium, homilias, per circulum anni die- nomen aequivocum, scilicet locus, in
bus dominicis, et festivis aplas ; e '[tu quo libri reponuntur, et volumen ex
bus omnibus si unum defuerit, Sacer- omnibus libris veteris, et novi Testa-
dotis nomen vix in eo constabit. Du- meuti a Hieronymo compositnm. Ho
randi Rationale, De Sacerdote, lib. ii. miliarius, est liber continens sanctorum
 396 ELFR1C S CANONS. [A.D. 957.

of books which the priest was enjoined to have by Bede, or the author de
Remtdiu Pecc. Sir 11. Spelman, vol. i. p. 281 . Let the priest provide his
furniture before the hand of the bishop touch his head, viz., a psalter, a
lectionary, (here called the lesson-book, elsewhere the legend,) an antipho-
nary, (containing the prayers, canticles and psalms for every day in the year,
which with the lectionary makes the present breviary,) a missal, a baptis
tery (which contained the baptismal service, says Du Fresnet) and I am
apt to think here in England it contained the whole ritual, that is. all the
services for administering sacraments (except the Eucharist) and sacra-
mentals, the martyrology for the circle of the whole year, and the com
putus with a cycle, which I take to have been meant by the sepim, kalen-
dar, as I turn it after our Somner, that is, the tables of new moons, and for
finding moveable feasts, and for finding Easter for ever.
" The penitential was the book which directed the priest what penance
to enjoin for every sin confessed to him.
' Here Sir H. Spelman's copy was defective ; the CCCC MS. hath it
as follows : ba?pe Bee rceal CCserre- Pneorr nebe habban. -j he ne nuej buran
beon. Jij: he lnr habe on pihc healban p)'le. T bam folc asjTep jnhc pipj;an
be him co locab : ) beo he see bam peji i> hi beon pel e pilire. My transla
tion is according to this copy.

Homilias, et legitur in Dominicis, et [Nunc ergo fratres, qui voluerint

in natali, et in testis sanctorum pro sacerdotalcm authoritatem accipere,
pria Evanjjelia habentium, et in Pas- imprimis cogitet propter Deuin, et
cha, et Pintecoste cum ferialibus eorun- praeparet anna ejus antequam manus
dem. Homilia autem idem est quod Episcopi tangat caput, id est, psal-
bona laus, sive verbum ad populum . terium, lectionarium, antiphnnarium,
Passionarius est liber coutinens passi- missale, baptisterium, martyrologium,
ones sanctorum et legitur in festis mar- in anno circuli ad prxdicationem cum
tyrum. Legendarius autem voca- bonis operibus et computum cum
tur liber ille, ubi agitur de vita, et cyclo, hoc est jus sacerdotum. Postea
obitu Confessorum, et legitur in festis autem suum penitentialem, qui hoc
eorum, dum tamen authenticatus sit online secundum authoritatem cano-
Lectionarius est, in quo lectiones num ordinatum, ut discretiones omnium
epistolarum Pauli, et alia? leguntur, causarum investiges. Spelman, Cone.
qui quandoque epistolarius dicitur, et Brit, vol. i. p. 2S1-2; V. Bed, Op.,
etiam legendarius dici potest. Sermo- vol. viii. p. 902. ed. Colon. A.D. 1612.
logus est liber continens sermones, The following is a nearly cotempo-
quos Papa, et alii plures sancti com- rary enumeration of the bonks neces
posuerunt, et legitur in festis Confes sary for a priest, though made perhaps
sorum a natali, usque ad octavas Epi- by another .lElfric.
phanise, in purificatione Reata? Mariae, CDeerre-ppeorr rceal hupu habban
et in festo omnium sanctorum, et in ma?rre-boc, fans-bee, -\ pajbinjc-bcc,
pluribus aliis. Ibid., lib. vi. c. I. n. 19. raltepe, T hanb-boc, penirentialem, -j
23 32. jepim, 7 fta beon pel epihce. A
Dicitur autem computus, a computo mass-priest should, at least, have a
computas: quia in ipso computando mass-book, books of canticles, and
procedimus, non quia in ipso compu- reading books, psalter and manual,
tare doceamur : et est duplex computus penitential, and numeral : and these
scilicet astronomicus,seuphilosophicus shall be sufficiently correct. T. See
et vulgaris seu Ecclesiasticus ; sed de jElfric's Pastoral Epistle, c. 44 j Thorpe,
astronomico nil ad praesens. Vulga p. 461.]
ris computus est, scientia distinguendi f [Baptisterium, liber in quo ritus
tempus certa ratione, sive scientia tem- baptismi et orationes describuntur, vel
poris discretiva, secundum Ecclesiae certe ordo ad baptizandum. Dufresne
usum. Ibid., lib. viii. c. 1. De Com et Du Cange, Glossarium.]
puto et Kalendaiio.
A. D. 957.] F.LFRIC'S CANONS. 397

22. He shall have his mass vestment, that he may re

verently minister to God, as is becoming; and let not that
vestment of his be sordid, at least not to &the sight ; and his
altar-cloths well made*. Let his chalice likewise be made
of h pure wood, not subject to rottenness ; and also the paten :
and let the corporal be clean, so as 'befits Christ's ministra
tion. A thing of this sort is not to be "treated without great
caret : but he shall be ever honoured with God, who minis
ters to Him in wisdom and purity.
' I understand to pgen, q. to pen. Somner says, Nee tamen fulgida, vel
splendida : he adds another conjecture, less probable than the former, as if
pgen signified a cloak, and that was here forbidden.
* The Danes by their depredations had reduced the English to wooden
chalices. But it does not appear that they had, by this means, made
golden priests or bishops.
' Here CCCC MS. adds gempab, as Mr. Somner also has in his annota
tions.
k Somner. Nemo sine labore talia proferre, <Lx.

23. The mass-priest, on Sundays and mass-days, shall

speak the sense of the Gospel to the people in English, and

[xxn. lie peal habban eac mseppe Repntice rpyle PlnS poptSbpinsan.
peap. 1* he mage anjmjvSlice hobe Let his chalice also be wrought of pure
pylpum benigan, ppa lut jebapenlic material, incorruptible, [of gold, or sil-
ir 1* hip peap ne beo hopig, ne hupu ver, or tin, or glass,] and 80 also the
to-pgen (tophten ?) -\ hip peopob- disb and the corporal be clean, such
pceatap beon pel behpoppene. He shall as is befitting to Christ's ministries,
also have mass vestments, that he may Such things cannot be produced with-
reverendly minister to God Himself; out labour. T. After unpoppotisenb-
so is it becoming, that his vestment be lie, in X., the words gylben o'S'Se peol-
not dirty, nor by any means torn, and pepn, o"51Se tinen otS glaspen, are in-
bis altar-cloths in good condition. T. terlined in a ' very ancient hand,' (the
No emendation is necessary, pgen is translation is above added in brackets,)
the past participle of pgan, to fall, according to Mr. Thorpe, who how-
sink, (see Rask, Gr., No. 192, 247,) ever does not at this place give the
and to has an intensive force. Hence two last, 0$ glseren, which are so
the word means collapsed, slovenly, far in the inner margin of the MS.
shabby. So in the description of St. as to be almost out of sight. In
Bartholomew in the homily for his day, the last canon however in the same
nstp hip peap hopig ne topgen, ne hip MS. these words form part of the text,
pcop poppepobe, which Mr. Thorpe (see below, c. 37,) and they occur also
there translates, ' his raiment is not in jElfric's Pastoral Epistle, c. 45, anb
dirty nor threadbare, nor are his shoes pitaS, t> beo sale cahc gepopht op myl-
worn out' See Homilies of Anglo- tenbum anrunbpe, gilben ofrSe peol-
Saxon Church, ed. Thorpe, vol. i. n,en> S'Bpen oSSe tinen, ne beo he
part v. p. 456.] na hypnen, ne hupu tpeopen. And
+ [Beo hip cahc eac op clsenum know, that every chalice be wrought of
antimbpe gepopht, unpoppotigenb- molten material, of gold or of silver, of
lie, 7 eallppa pe bipc, 7 claene cop- glass or of tin ; let it not be of horn,
popale, ppa ppa to Cpipep benuu- especially not of wood." Thorpe, p. 461.
gum gebypatS, man ne maeg butan See also below, A.D. 960, c. 41.]
 398 ELFRIC's CANONS. [A. D. 957.

of the Pater noster, and the creed, as oft as he can, for the
inciting of the people to know their belief, and retaining
their Christianity. Let the teacher take heed of what the
[Is.lvi.lo.] prophet says, " they are dumb dogs and cannot bark." We
ought to bark and preach to laymen, lest they should be lost
through ignorance. Christ in His Gospel saith of unlearned
[Mat xv. teachers, "if the blind lead the blind they both fall into the
ditch." The teacher is blind that hath no book-learning,
and he misleads the laity through his ignorance. Thus are
you to be aware of this, as your own duty [requires*.]
24. The holy fathers have also decreed, that tithes be paid
into God's Church, and that the priest go to them, and
divide them into 'three [parts] t, one for the reparation of the
church, a second to the poor, a third to God's servants who
attend the church.
1 It seems evident that tithes were now brought to the church by the
tithe-payer : and that bishops did not any longer insist on their quarter
of the tithes, their sees being by this time well endowed. Somner trans
lates, adeaturque saccrdos, et dislribuantur. But he was not satisfied with
this version, for he adds Q.

25. They have also decreed, that mass be not celebrated in

any house but what is hallowed, except in case of necessity,
or m if the man be sick.
m Not on the account of any layman's sickness, but of the priest who
was to officiate. See Can. 30, 960.

26. And if an unbaptized child be of a sudden n brought

to the mass-priest, that he baptize it with all possible expedi
tion, lest it die a heathen.
n By this it should appear, that of old the priest was not called to bap
tize the sick child, but the child was brought to the priest. If this prac
tice were now restored, it would prevent those pretences of sickness, where
by clergymen are drawn to baptize children at home, when the true cause
is only to save themselves the trouble of bringing it to church : for, gene
rally speaking, it is no more trouble to bring a child to the church, than
to the vicarage, or parsonage-house. And by this means baptism would be

[therefore take ye heed against hy on )>peo, and let the priest go

this so as ye have need. T.] thither, and divide them into three. T.
f [anb sange re racepb Co, 7 ble See above, A.D. 740, c. 5.]
A. D. 957.] EI.FRIC's CANONS. 399

administered with greater expedition. And it is my opinion, that many a

child's life would be saved by exposing it to the open air, that is now
stifled to death for want of breath in a close chamber.

27. That no priest sell his ministrations for money, nor

make demand of any thing for baptism, or any other minis
tration : and let him not be like them whom Christ drove
with a scourge out of the temple, because they wickedly
trafficked in it. Let not the servants of God now perform
their ministrations for money, but to the end that they may
merit eternal glory thereby.
28. Let no priest remove for gain from one minster to
another; but ever continue in that to which he was or
dained, so long as he lives.
This is not in the CCCC MS. L. 12*.

29. And let no priest sottishly drink to intemperance; nor

force much drink on others : for he should be always in readi
ness, so as to have his wits, if a child be to be baptized, or a
man to be houseled : and if nothing of this should happen, yet
he ought not to be drunk ; for our Lord hath forbid drunk
enness to His ministers.
30. Let no priest be a trader, or a pcovetous merchant ;
nor forget his relation to God, nor engage in secular con
troversies, nor wear arms, nor plead causes f, nor drink at
taverns, as secular men do, nor swear oaths, but always speak
without falsity, with simplicity, as becomes the well-instructed
servant of God.
Jirpsenbe CCarrepe. Perhaps an usury taking trader. The said MS.
has CDan-rejie, for CDanrpepe, a perjurer.

31. He shall likewise with discretion injoin penance to

sinners; to every one according to his circumstances, so as
he may be able to bear it : and he shall housel the sick and
weakly, while the sick are capable of swallowing the housel.

['This chapter, which is wanting peprje, ne ne pipce race, S. W. T.

in O., is supplied from X.' T. See 30. Nor let a priest be a monger,
above, A.D. 740, c. 13.] nor a covetous merchant; nor let him
t [xxx. Ne ppeorr ne beo man- forsake his divinity ; nor take to world-
gepe ne sicrijenbe marrepe, ne he ne ly conversations ; nor bear weapons ;
j-oplasEe hir Jobcunbnyrre, ne he jo nor work strife. T,]
ro populb-rppeecum, ne he peepna ne
 4<X> ELKKIC'S CANONS. [A. D. 957.

Let him not do it if the man be but half alive ; for Christ
commanded that a man should eat the housel.
32. The priest shall also have oil hallowed distinctly for
children, and for sick men ; and solemnly* anoint the sick in
their bed. Some sick men are full of vain fears, so as not to
consent to the being anointed. Now we will tell you how
God's Apostle q Jacob f hath instructed us in this point, he
[Jmea v. thus speaks to the faithful : " If any of you be afflicted, let
him pray for himself with an even mind, and praise his
Lord. If any be sick among you, let him fetch the mass-
priests of the congregation, and let them sing over him, and
pray for him, and anoint him with oil in the name of the
Lord. And the prayer of faith shall heal the sick ; and the
Lord shall raise him up : and if he be in sins, they shall be
forgiven him ; confess your sins among yourselves, and pray
for yourselves among yourselves, rthat ye be healed." Thus
spake Jacob the Apostle concerning the unction of the sick.
But the sick man before his anointing shall with inward
heart J confess his sins "to the priest, if he hath any for which
he hath not made satisfaction, according to what the Apostle
before taught : and he must not be anointed, unless he re
quest it, and make his confession. If he were before sinful
and careless, let him then confess, and repent, and do alms
before his death, that he may not be adjudged to belief, but
obtain the divine mercy.

' So James the lesser is called also in our kalendar : for the first of Mt
has the names of the two Apostles, Philip and Jacob, set over against it.
It is probable that the nick-name James was not yet invented. It
strange that so pious and learned a man as Elfric should take such liberty
in his translation of this passage of Scripture, but it was the practice of
the age.
r Read beon, not )>eon, Somner. lie has many emendations of Sir H
Spelman's text hereabouts, but such as are very obvious, and of no gret<
account.
8 This addition, ' to the priest,' is from the CCC MS.

[symble, W. T. ; always, T.] [he bo }>mnne anbernysse ^ jer-

f [Jacobus, James, T. ; but further pycenysse, S. W. T.; let him then make
on Thorpe's text has Jacob.] confession and promise cessation, T.]
X [So Spelman. CDib mpeanbpe ^f [t he ne bi'S ropbemeb, S. W. T.;
jeompunge )>ain racepbe, W. T. ; with and he shall not be condemned, T.]
inward groaning to the priest, T.J
A. D. 957.] ELPKIC'S CANONS. 401

33. There have been four synods in behalf of the true faith
in opposition to the heretics, who spake absurdly of the Holy
Trinity, and the incarnation of Christ : the first was at Nice,
as we said sometime before; the second was afterwards at
Constantinople [consisting of] one hundred and fifty bishops,
holy men of God ; the third was at Ephesus [consisting of]
two hundred bishops ; and the fourth at Chalcedon [consist
ing of] many hundred bishops; and all these were unani
mous as to what was decreed at Nice, and they repaired all
the breaches that had been made therein. And these four
synods are to be regarded 'as the four books of Christ in His
Church*. Many synods have been holden since; but yet
these are of the greatest authority. For they extinguished
the heretical doctrines which were absurdlyf invented against
God by those heretics; and they estabhshed the service of
the Church.
* God forbid.

34. How dare ye now overlook all these decrees ? When

the monks observe the rule of one man, the holy Benedict,
and live by his direction. And if they "in any point break
it, they afterwards make satisfaction according to their ab
bot's injunction, with all humility. Ye also have your rule
if ye would read it. By it ye might see how the matter
stands with you. But ye affect secular judicatures, and
choose to be reeves, and abandon your churches, and these
decrees "with all J.
" hpa?p, not paeji.
" Sax., rppaecum, cdtercationibus. Somner.
' Omnino. Somner.

35. Yet we will inform you of these decrees, lest we perish

together with you. Christians ought to frequent the church,

* [Da peopep pmoftap p^nb to heal- eoppe cypcan, } ba sepernyrpa imb

benne, ppa ppa )>a peopep Cpipcep bee, ealle; but ye love worldly conversa-
on Cpiprep gela'Sunge. These four tions, and will be reeves, and neglect
synods are to be observed, so as the your churches, and the ordinances
four books of Christ, in Christ's totally, T. ; Spelman and Wilkins read
Church. T.] the same, but have bap (these) Sepee-
t [opollice, S. W., heretically, T.] nyppa.]
J fac ge lupiaS populb-pppasca, ^ [The passage which follows, be-
pyilii'S beon gepepan, 7 pujilseta'5 ginning at this point, is metrical, and
JOHNSON. Q Q
402 ELFRIc's CANONS. [A.D. 957.

fbut men ought not to prate or dispute there : because that

is the house of prayer hallowed to God for ghostly speech.
Nor ought men to drink or eat intemperately* in God's
house ; which is hallowed to this purpose, that the body of
God may be there eaten with faith. Yet men often act so
absurdly as to sit up by night, and drink to madness within
God's house, and to defile it with scandalous games and lewd
discourse. But it were better for them that they were lying
in their beds, than that they should do Ccetera desuntl-
Thus far Sir H. Spelman.

At this markf in the last canon the CCC MS. breaks off,
and then goes on as here follows.

36. Ye ought not to 'make merry over dead men, nor to

hunt after a corpse , except ye are invited to it : when ye are
invited forbid the heathenish songs of laymen, and their ob
streperous ejaculations^. Do not yourselves eat or drink
where the corpse lies, lest ye become imitators of the heathen
ish superstition which they there practise. Ye ought not to
be gorgeously drest with rings : nor let your garment be made
in too gorgeous nor yet in too "sordid a manner || ; but let
every one wear what belongs to his order ; the priest that to
which he was ordained: and let him not wear a monk's
shroud**, nor that which belongs to laymen, any more than
is given by Mr. Thorpe as a variation and honour God's saints,
of X. ; it is omitted by Wilkins as not with stillness watch,
in the Cambridge MS.; Johnson's next and make no noise,
mark is placed too low by six words.] but sing his prayers,
[bolhce, T., thoughtlessly, T.] as he best can;
J [Sir H. Spelman's remark is, and let him who will drink,
Reliqua abscidit neqitam aliquis plagia- and idly make noise,
rius, nee labore reparanda sunt vel pretio. drink at his home,
If this be meant of the Cambridge not in the Lord's house,
MS., it would appear by a comparison that he God dishonour not ;
of the editions of Spelman and Wil- to his own punishment" T.]
kins, that more of the MS. was after- [Le ne j-cylan rsemsan jropftra-
wards destroyed. However this may penpa manna, ne P lie jerecan,
be, Mr. Thorpe continues the passage ye shall not rejoice on account of men
as an addition from X, (for the poeti- deceased, nor attend on the corpse, T..
cal arrangement of the Saxon, see his rather 'go to the corpse.']
work, p. 448,) and translates thus; % [i heopa hluban cheahchecunS",
W. T., and their loud cachinnationi,
"But for them 't were better that they T. ]
in their beds lay. || [ne err to pachce, W. T., nor yet
than that they God angered, too poorly, T.]
in that ghostly house. [munuc-j-cjiub, monk's clothing,
Let him who will watch, T.]
A. D. 957.] KLFRIC'S CANONS. 403

a man wears the woman's attire. Christ saith of His ministers

who diligently serve Him, that they shall always be with Him
in bliss, where He Himself is, in life truly so called. To Him
be glory for ever and ever. Amen.
Sax. penijan, which I by c&njecture understand as penean.
* Sax. pachce, perhaps fine, thin.

Immediately after the above written canons of iElfric, we

have the following exhortation. It was evidently directed
by the bishop to the priests, when they came to fetch or
sent for the chrism, and the oils to be used in baptism
and extreme unction for the ensuing year, which was regu
larly done upon Maunday Thursday ; there is in the same
MS. L. 12. CCCC an epistle in Latin to be sent to every
priest that did not personally come to fetch the chrism and
oils*, entitled Epistola quando dividis Chrisma, p. 151 ; and
in Saxon p. 336. I thought fit to translate and insert this
exhortation first mentioned in this place, not only because
it seems all of a piece with what goes before in the old
MS., but because in several particulars it gives light into
the doctrine and practices of this age ; and especially con
tains a strong proof that transubstantiation was not yet
believed, though they doubted not of a change wrought
in the symbols, which was the universal belief of the
ancients.

37. I charge yon that ye take care of yourselves (as your Saxon.
books direct you) and how ye ought to act on the days now j,1^'
coming. Housel ought not to be hallowed on bLong Friday : +51.]
because Christ suffered for us on this day. But yet what
concerns the day must be done, for two lessons are to be
read with two c tracts, and two collects, and Christ's passion,
and afterwards the prayers, and let them dpay their adora
tion to the rood, then let all greet God's rood with a kiss.
Afterward let the priest go to God's altar with the remains
of the housel t which he consecrated on Thursday, and with

[For the Saxon copy of jEIfric's ma,' see Thorpe, p. 464.]

epistle entitled, * Quando dividis chris- f [mib bne hurel-laje, with the
c c2
401. ELFR1C S CANONS. [A.D. 957.

unhallowed wine -mingled with water, and cover them with

a corporal, and then presently say, Oremus, prceceptis salu-
taribus moniti, et pater noster, to the end, and then let him
say with a low voice, Libera nos quasumus, Domine, ab omnibus
malis, and aloud, per omnia secula seculorum. Then let him
put a particle of the housel into the chalice, as it is customary,
but with silence. Then let him ego to housel, and whoever
else pleases*. On the Thursday we sing our ftide-songs
together, and all the prayers with a low voice, et miserere met
Domine and collectf ; on the Friday we sing all the tide-songs
singly by ourselves with a low voice (except the uht-song
only, which we sing together) and also on the Saturday till
noon-song be sung. Let no oil be put in the font, except
a child be there baptized. Let not the offertory be sung at
the mass on Easter-eve, nor Agnus Dei, nor Communia ,- but
while they are a going to housel, let the chanter begin % Alle
housel bread, T. ; Johnson's transla que ad terram, Sacramentum in dex-
tion is better ; the word here used is terum accipit, et elevat, ut videri pos-
not hlajr, ' a loaf,' but lap, ' a remnant.' sit a populo; et statini dividit in tres
* [Let him then put a part of the partes : quarum ultimam mittit in ca
housel into the chalice, as it is however licem more solito nihil dicens. Rubric
usual ; then let him go silently to the in Missal, Feria vi. in Parasceue.]
housel ; and for the rest let look who f [t ealle bap ppecep b15elb.ee, -j
will, T. mipepepe met Deup, ~l ba collet ran, and
The true punctuation is doubtless as all these prayers to ourselves, and
in MS. X. f. 109. ' miserere mei Deus,' and the collects,
Do pyftftan pumne bsel bier huplep T. ; ealle ba ppecep, X, all the
inro bam calice ppa hie sepunehc ip 'preccs.']
ppa beah nub ppisean, SaSe he to X [On bone C'apcep-ajpen ne py
huple py"8 ban, 7 ellep loc hpa pille. gepungen, set biriie meppan oppepem-
The translation should run thus : ba, ne yVjuup Dei ne Communia, ac
Let him then put a part of the betpux bam j>e lngaii Co huple onpime
housel into the chalice, as it is usual se canruji, On Easter-eve, let there
however with silence; then let him go not be sung at the mass-offering, nei
to housel ; and for the rest, let look ther Agnus Dei nor Communia, but
who will. among those who desire the housel,
In addition to the Missal to which let the chanter begin, T.
Johnson refers, and the Breviary, should Johnson's translation of the first
be mentioned the Constitutions of Abp. part of this sentence is right, as may
Lanfranc, A.D. 1072, as throwing be seen by the two following extracts.
much light on the whole passage In hac consuetudine concordant
Dehinc sacerdos in silentio, ' Libera omnes fere principalis monachorum
nos, qutesumus, Domine,' et cetera, ecclesire, qua? nostro tempore majoris
usque ' In imitate Spiritus Sancti, auctoritatis sunt, sicut et in eo quod
Deus ;* et post, moderata voce ' Per offerenda, et 'Agnus Dei' et * Com-
omnia secula seculorum,' et respon- munio' ad hanc missam non dicuntur,
dente choro ' Amen,' nihil amplius di- licet cetera festive dicantur. Con-tit.
cat ; missa que in calicem, sicut solet, Lanf. ('SabbatoSancto.') Wilkins,vol. i.
particula dominici corporis, communi- p. 339. b.
cet se, et fratres omnes, sine osculo Non dicitur offerlorium. Rubric in
pacis. Constitutiones Lanfranci, Wil- Salisbury and Roman Missal in ' Sab-
kins, Cone. Brit., vol. i. p. 338 b. bato Sancto.'
Tunc celebrans facta reverentia us The words betpux bam be htx;. ,-. to
A.D. 957.] ELFRIC'S CANONS. 405

luia, Alleluia, Alleluia, and further the psalm, Laudate Dotni-

num omnes Gentes ; after that the anthem. At vespers*, Mag
nificat ; then let the priest say, Dominus Vobiscum, Oremtis,
and the collect after the Communion : and thus let him end
the mass and the even-song with one collect after the Com
munion. Some priests reserve the housel that was hallowed on
Easter-day over year for sick men. But they do very greatly
amiss, who cause the holy housel to putrefy, and are un
willing to understand how great satisfaction the penitential
directeth in relation to them, if the housel be putrefied, or
musty, or lost, or if a mouse eateth it, through carelessness.
The holy housel ought to be kept with great diligence and
not be permitted to be stale t, but another be always hal
lowed anew for sick men in about a seven-night or fortnight,
so as that it may not be musty at least. For that housel
that was now hallowed to-day is altogether as holy as that
which was hallowed on Easter-day. That housel is Christ's
body, not corporally but spiritually ; not the body in which
He suffered, but that body of which He spake, when He
blessed bread and wine for housel one night before His pas
sion, and said of the bread blessed, " This is My Body ;" and Matt xxvi.
again of the wine blessed, " This is My Blood, that is shed for " '
many for the forgiveness of sins." Know now that the Lord
who was able to change the bread into His Body before His
passion, and the wine into His Blood, in a spiritual manner,
He Himself daily blesseth bread and wine by the hand of
His priests into His spiritual body and blood. And the
priest ought purely and carefully to perform the divine minis
tration with clean hands and clean heart; and let him beware
that the oblation have not been too long baked, 'lest it be un
sightly];; and let him always mingle water with the wine.
huple probably mean, 'among those So MS. X, f. 109 b. Laudate Domi-
that give their mind to the housel,' cum omnes, Gloria patri, ) j-ytSftan
which will agree with the rubric in the bone nnremn, Ve-pere auteni Sab-
Roinan Missal, Post sumptionem sacra- bati "} magnificat o'5 enbe, T Gloria
vienti, pro Vesperis in Choro cantatar patri.j
antiphoua Alleluia, Alleluia, Alleluia : + [man j-ceal healban j> halie
el Psalm, Laudate Dominum omnes huj-le miS miceljie Sjmene, ) ne pop-
Gentes, cum Gloria patri. See also the healben hit, the holy housel should
Salisbury Missal.] be kept with great care, and not be
[This is a mistake, for the first retained, T. ; rather 'not be miskept,'
words of the anthem from Matt, xxviii. that is, too long, or carelessly, accord-
1. Mr. Thorpe thus translates : ing to the force of jrop in composition.]
"then the anthem, ' Vespere autem '% [ne yjrele berepene, nor ill seen
Sabbati,' and Magnificat to the end." to, T.J
 406 ELFKIc's CANONS. [A.D. 857.

For the wine betokeneth our redemption through Christ's

blood; and the water betokeneth the people for whom He
suffered. Great honour dost thou merit if thou ministrest*
to God with earnestness and reverence ; and again it is writ-
[Jer. xlviii. ten, that " he is cursed that doth service to God with negli-
* gence." By this we may know that the man who has not his
sight ought not to presume to celebrate mass, when he does
not see what he offereth to God, whether it be clean or foul.
Mass ought not to be celebrated with any other vessel but
the chalice that is blessed for this purpose f. We charge
you mass-priests that ye charge all the people that belong
to you, and to whom ye are shrifts J, that the four first days
of Easter be kept free from all servile works. Because at
this time all the whole world was set at liberty from the cap
tivity of the devil : and let the feast of Sunday be kept from
Saturday gnoon till Monday's light ; and the feast of every
mass-day that was appointed and enjoined as a feast in the
days of the predecessors of our lord the king, and of our
ancestors. And further let as many days be fasted as are
established for this purpose, and have a service appointed for
them. Let every man fast every Friday in the twelvemonth,
save from Easter to Pentecost, and again from Midwinter
till a seven-night after Twelfth-day ; or except it be a public
feast, or a full service belong to it : otherwise let no man
break the fast on this day. And we bishops decreed when
we were together, that the whole nation fast before the mass-
days of St. Mary, and the mass-days of the Apostles : and
that the mass contra paganos be sung every Wednesday in
every minster, and that every mass-priest do the same at his
church. Now ye have heard what is unanimously to be done
by you, what is to be left undone. hIf ye act contrary to
this, we have not the government [of you,] but we shall be
clean at God's doom. God grant ye may so 'consider it, as
it is your duty to do.
[Great honours they merit who, over whom ye are confessors, T. ;
&c. T.] rcpijxa or rcpip:, is from the verb
t ['which must be incorruptible, of j-cpiran, to prescribe (penance); so in
gold, or silver, or tin, or class ;' unjrop- K. Alfred's Laws, c. 1, j-pa him hif
pntienblic, gylben, cStSe j-eolrpen, rep1)* )*cpire, as his confessor shall
otiSe rynen, ofto'e slasren ; X add. prescribe to him. ]
Here the text in X. ends. T. See [Now ye have heard positively
above, jlilfric's canon, 22.] what ye have to do, and what to fore-
X [l Se ojep j-cpijxar ryne, and go : whether ye will do any of them or
A.D. 957.] ELFRIc's CANONS. 407
I know not that Good Friday is any where else called Long Friday ;
hut it is evident no other day can here he meant : and it is on this day
that the Church of Rome forbids the Eucharist to be consecrated, and on
no other day in the whole year. But then they have a communion on this
day, which is furnished out of the hosts consecrated on Maunday Thurs
day : this is called Missa prasatictificatorum. N. B. I have since met with
a passage in Air. Wanley's catalogue, where Good Friday is called Long
Friday, though I cannot now refer to it.
[I have also since observed the same name given to it in Chron. Sax. [Addenda.]
1 137, and the learned Marshall in the place there referred to agrees that
it is the same with the Latin die parasceves, and adds, nam loi\ga oratio est
liens sebeb, Luc. XX. 47 .]
c Tracts are certain sentences to be sung after the epistle.
d Sax. i jebybbon hy co beep Robe, which I might turn, pray to the rood.
He that would know the full meaning of all these directions, let him look
into the Romish Missal, which, as it now stands, will sufficiently explain
all that is here said of the Good Friday service, which seems to me the
very worst that is in the whole year, save that there is on this day no
elevation of the host, nor, by consequence, any divine honour required to
be paid to it : but the honours paid to the cross are a full compensation
for that defect.
' This is an old English phrase, signifying to receive the sacrament.
' Hours of the Breviary, uhtsang, prime, &c.
See law of Edgar, 5, 958.
h Sax. ly se ojr pirum bob pe nagon gepeald.
1 Sax. ajirebijan, perhaps read, t

nut, is not in our control, but we wish the eighteenth and nineteenth chapters
to be pure at God's judgment; may of St. John, and had the following
God grant you, that ye may so resolve rubric ; Der parrio Sebypaft on Langa-
as may be beneficial to you. T.] Fpija-bajs, this passion falls on Long-
[See Chron. Sax. ed. Gibson, p. Friday. Anglo-Saxon version of the
240, 40; Mareschalli, Obs. in Vers. Holy Gospels, ed. Thorpe.]
Anglo-Saxon, Nov. Test., p. 536. The f [The note stands thus in John-
Holy Gospel for the day consisted of son.]
 A.D. DCCCCLVIII.

KING EDGAR'S LAWS ECCLESIASTICAL.

Preface.

Though these laws, and the first set of canons following

next after them, are ascribed to King Edgar, yet they have
nothing of the spirit of Dunstan in them ; I mean, they in
flict no punishments or hard censures upon the married
clergy, as they certainly would if Dunstan had been at the
making of them. It is possible that these laws, and the first
set of canons, might have been made while Edgar shared the
kingdom with his brother Edwy. But I rather choose to
place them in the second year of his reign over all England.
Dunstan was not archbishop of Canterbury before the year
962*.

[' Edgar, son of Edmund, succeeded bia brother Edwi in the year 959, and
died in U75.' T.]
 A.D. DCCCCLVIII.

This is the provision which King Edgar made with con- Saxon.
sent of his counsellors to the praise of God, to his own royal j, g "
dignity, and the benefit of all the nation. Sir H.
1. This is the principal f point, that God's churches possess TOi. i.
their right, and that every one pay his tithe to the ancient &r^tt'
minster to which the * district belong, whether of the thane's vol. i.
b demesne-land, or of his cland let out to others, let it be so ^~e
paid as his plough goes. p- 1"-*
V. A.
oax. hypnerre.
b Sax. mlanb.
Sax. Naetlanb. It is very evident that the thane had not the power
of disposing of the tithes arising from his own lands ; hut was bound to
pay them to the church or minster to which they did by custom belong.
If he built a church, he could grant but one third of his tithes to it
by can. 2.

2. If there be any thane who hath on land, which he holds

by written deed, a church with a burying-place belonging to
it, let him pay the third part of his tithes into his own
church J. If he hath a church with no burying-place belong
ing to it, let him give his priest what he will out of the nine
parts ; and let every church-scot go into the ancient minster
from all the ground of freemen .
3. And let all the tithe of young animals be paid by Pen
tecost, and of the fruits of the earth by the equinox ; and let
every church-scot be paid by d Martin's mass, under pain of
the full mulct which the doom-book mentions ; and if any
will not pay the tithe as we have commanded, let the king's
[The text is from a collation of n"San heop*e, T selieree man rulh-
the MSS. A, D, and G.T.] eelmerran >onne xv. nihc beon on uyan
t [first, T.] earrnan, according to every fire-
J [' See Def. of Pluralities, p. 93.' hearth : and let plough-alms be paid,
MS. note Wrangham.] when it shall be fifteen days over
{ [beajlcurarpiganeop'o'e, L. S. W., Easter. T.]
de qualibet terra libera, W. ; be selcum
410 king edgar's [a.D. 958.

reeve and the bishop's reeve, and the mass-priest of the

minster, go to him, and take by force the tenth part for the
minster to which it belongs, and deliver to him the ninth
part ; and let the eight parts be divided into two, and let the
lord take one half, the bishop the other, whether it be a
king's man, or a thane's man.
d November 1 1.

4. And let every hearth-penny be paid by 'Peter-mass-day,

and let him who hath not paid it by that term carry it to
Rome, and thirty pence over and above, and bring a certifi
cate that he hath there delivered so much : and when he
comes home, let him pay the king a hundred twenty shil
lings. And if again he refuse to pay it, let him carry it
again to Rome, and another such satisfaction, when he
comes home, let him pay the king two hundred shillings.
If he refuse it the third time, let him forfeit all that he
hath.
" That is, Lammas-day, or St. Peter ad vinculo. This Rome-penny was
given by Ina and OfFa for the maintaining an English school at Rome;
and on condition that no one should be obliged to go by way of peniten
tial pilgrimage from England to Rome ; therefore he who refused to pay
it was obliged to perform this pilgrimage as a penance for refusing it.

5. Let every Sunday be kept in a festival manner from

the 'noon-tide on Saturday till Monday morning light, under
the penalty which the doom-book mentions ; and every other
mass-day as commanded. And let enjoined fasts be kept
with all diligence*.
' That is, three in the afternoon according to our present account : and
this practice, I conceive, continued down to the Reformation. In King
Wihtred's time the Lord's day did not begin till sunset on the Saturday.
See 697, No. 10. Three in the afternoon was hora iwna in the Latin
account, and therefore called noon. How it came afterward to signify
mid-day I can but guess. The monks by their rules could not eat their

[So L. S. W., but in Thorpe's lc eijuc spr5 rpa rp* hit betjr rn\
text the law is continued thus : and every Friday's fast, unless it be
^ asleep Fpige-bseser pasrten, bucon festival : and let soul-scot be paid fr
hit n,eo'r Ty> 1 Selasrte man rupl- every Christian man to the minster lo
rceat t (elcan cpirtenan men to bam which it is due ; and let ever)' church-
mynptpe be hit to-sebypige, i rtanbe grith stand as it has best stood.]
 A.D. 958.] LAWS ECCLESIASTICAL. 411

dinner till they had said their noon-song, which was a service regularly to
be said at three o'clock ; but they probably anticipated their devotions
and their dinner by saying their noon-song immediately after their mid
day song, and presently falling on. I wish they had never been guilty of
a worse fraud than this. But it may fairly be supposed, that when mid
day became the time of dining and saying noon-song, it was for that
reason called noon by the monks, who were the masters of language
during the dark ages. In the Shepherds' Almanack noon is mid-day,
high-noon three.

After these laws in Lambard's and Wheloc's edition follows [Lamb.,

another set of eight laws, two of which I have here in- &,63"
serted, though they are not in Sir H. Spelman. The rest p. 112-3.
are entirely civil*. 624-5.*]

6. Let a 'judge that gives an unjust sentence make satis- [s. t.]
faction to the king with a hundred twenty shillings, unless
he dare affirm on oath that he knew no better : and let him
also forfeit his thaneship, unless he purchase it of the king
according as he will grant it. And let the bishop of the
shire levy the mulct for the king's use.
* Sax. Dema : he was probably one that presided in the hundred court,
or the burgh-mote, (which was the court holden in a city or borough,) yet
it is evident he was a thane ; for otherwise he could not forfeit his thane-
Bhip by corruption : yet the bishop here has a civil power over this thane,
so that he could distrain him.

7. Let resort be made to the hundred-court, as hath been [5. t.]

ordained in time past. Let the burgh-mote be held thrice a
year, the county court twice, hand let the bishop be at the
county courtf, and also the alderman ; and there let each of
them put in use both God's law and the world's law.
* Not, I conceive, that the bishop was to pass sentence of death, or
bodily punishment, nor that the alderman was to excommunicate ; but
the bishop might enforce secular laws by ecclesiastical censure, and the
alderman ecclesiastical laws with civil punishment, where it was thought
most expedient.

* [In Thorpe's edition there is also f [-j bp beo on J>pe rcipe birceop,
a ' Supplement to Edgar's Laws,' of and let there be present the bishop of
sixteen chapters, of which the first is the shire, '!'.]
ecclesiastical and the rest civil.]
 A.D. DCCCCLX.

CANONS MADE IN KING EDGAR'S REIGN.

Preface.

Immediately after King Edgar's ecclesiastical laws in the

CCCC MS. follow these canons, which I place before Dun-
stan's accession to the see of Canterbury, as containing no
censure against the married clergy. Somner observes that
many of them are taken from the capitularies of Charles the
Great. The title is,

Saxon. HERE NOW FOLLOWS AFTER EDGARS PROVISION THE REGULATION

[Sir H. OF THE LIVES OF ECCLESIASTICAL PERSONS.
Spelman,
vol. i.
p. 447.
Wilkins, 1. We 'charge that God's servants diligently perform their
vol. i.
p. 225. service and ministry to God, and intercede for all Christian
Thorpe*, folk, and that, they be all faithful and obedient to their supe
p. 395.]
riors, and all unanimous for their common benefit, and that
they all be helpful to each other both in relation to God and
the world ; and that they be faithful and true to their
"worldly lords.
* ' We charge' is repeated at the beginning of every canon in the ori
ginal.
* Secular lords of clergymen were the king, their patrons, their found
ers' heirs, or such of whom they held lands.

[' The text is from D, the collations from X.' T. In MS. X. these ctnoni
begin at f. 25 b.]
A.D. 960.] CANONS, &C. 413

2. And that they all honour each other, and that the in
feriors obey the superiors, with diligence, and that the supe
riors love, and instruct diligently their inferiors.
3. And that at every synod every year they have their
books, and vestments for divine ministration, as also ink,
and parchment for [writing down] their instructions, and
three days' provision.
4. And that every priest have his clerk to the synod, and
an orderly man for his servant, none that is indiscreet, or
that loves foolery, and let all proceed in order, and in the fear
of Almighty God.
5. And that every priest0 give information in synod, if any
thing aggrieve him, and if any man hath highly abused him :
'and [let them be] for him all din one*, as if it had been done
to themselves ; and let them so assist him, that the man may
do satisfaction, as the bishop directs.
* Secybe is to be added aftor rynoft. Somner. This and many other of
the following canons do much resemble the laws of the Northumbrian
priests. 950.
'' Sax. on ane. Somner.

6. And that every priest give information in synod, if he

know any man in his district t that is contumacious against
God, or fallen into mortal crimes, whom he cannot reduce to
satisfaction, or dare not by reason of secular men J.
7. And that no suit between priests be commenced before
secular men, but that their equals be arbitrators, and um
pires; or let them lay their cause before the bishop, if there
be a necessity .
8. And that no priest do of his own accord desert the
church to which he has been blessed and married^f.

' * [l Ton 1" )>onne ealle on, and let that be between priests be referred to
them all take it up. T. ] the adjustment of secular men; but
t rcpijr-rcipe, S. W.T., shrift-dis- let them adjust among and appease
trict, T. their own companions ; or refer to the
X obbe ne buppe pop poplb-apole, bishop, if that be needful. T.]
or dare nut for worldly opinion, T.] ^| [j>e he co jeblecpob pasr, ac
VII. Sub pe hep.-uN, 1> nan racu be hasbbe him ba co pihc aspe, to which
becpeox ppeorcan p, ne beo jercocen he was consecrated but have it to him
co poplb-manna pome, ac reman ^ for lawful spouse. T. MS. X. adds,
pibbian heopa ajene serepan, obbe ba hpile be hip lip pig, the while that
pceocan co bam bipcope, sip man J> his life lasts. T. This addition is in a
nybe pcule. later hand in the margin.]
7. Aud we eujoin, that no dispute
 414 CANONS MADE IN [A. D. 960.

9. And that no priest interfere with another in any thing

that concerns his minster, or his parish, or hise gildship*, or
in any of the things which belong to him.
[Addenda.] [The word turned 'parish' is in the Saxon 'shrift-shire.']
See 1. i. of Northumbrian priests, 950, and the note there.

10. And that no priest receive a 'scholar without the leave

of the other by whom he was formerly retained.
' Clergymen were raised in this age, by putting children into the family
of a bishop, or a priest, or into a monastery, where they were instructed in
the books which contained their religious offices ; and so soon as they
could read and write, they received the first tonsure, that is, they were
made ostiaries, though in after ages there was a distance of time between
their being shaved, and receiving the first order ; this Morinus shews to be
a later corruption.

11. And that every priest do moreover teach manual Sarts

with diligencef.
This was a commendable provision in an age when books were so
scarce that a clergyman could scarce know how to employ his time inno
cently after he had well learned the public offices. I remember Bishop
Grosthead after we had universities, complains that he could not find
bibles for the use of such incumbents and clergymen of his diocese as he
had sent thither.
12. And that no learned priest do reproach him that is
half-learned, but mend him, if he know how J.
13. And that no noble born priest despise one of less noble
birth. If it be rightly considered, all men are of one origin.
14. And that every priest do justly hstate his own accounts,
and be not an unrighteous chapman, a 'covetous merchant.
Sax. nligan. This commonly signifies to follow agriculture, which
was usual with the clergy of this age, but the adverb pihthc joined with

[js nan ppeorca o'Kpum ne tec- hand-craft. T. Cf. Cone. Cartliag. iv.
bo, semj bapa binsa be him eo- c. 51, 52,53. Concil., torn. iii. col. 95.5.]
Jjebipise, ne on hir mynrepe, ne on J [gif he bee cunne, if he know
hir rcpijrE-reipe, ne on hir silbrcipe, better, T.]
that no priest deprive another of any [XIV. Snb pe Itepafl }> ppeorra
of those things which appertain to him ; gehpilc Eilige him pihtlice, -| ne beo
neither in his minster, nor in his shrift- Knij manjepe mib unpib.Ee, ne Sirri-
district, nor in his gildship. T.] Jenbe marrepe.
t [XI. ffnb pe lsBpa'5, 1> ppeorca 14. And we enjoin that every priest
gehpilc, eo eacan lape, leopuije hanb- provide for himself lawfully, and let
cpserr Jeopne. no one be a monger unlawfully, nor be
11. And we enjoin, that every priest, a covetous merchant. T. See above,
in addition to lore, diligently learn a Canons of Elfric, A.D. 757. c. SO.]
 A. D. 960] KING EDGAk's REIGN. 415

it rather inclines me to take it as eylean. And it is no contemptible

quality, especially in clergy-men, to keep exact accounts ; and the rest of
the canon seems to favour this sense.
1 Somner's reading is snrpsenb. He understands it of one that
takes usury.

15. And that every priest give baptism* as soon as it is

desired, and that he give it in charge to his district, that
every child be baptized within thirty-seven nightsf, and that
no one too long remain unbishopedj.
16. And that every priest industriously advance Christian
ity, and extinguish heathenism, and forbid the k worship of
fountains, and necromancy, and auguries, and enchantments ,
and sooth-sayings, and 'false worship, and ""legerdemain, which
carry men into various impostures, and to "groves, and ellens,
and also many trees of divers sorts, and stones. And many
do exercise themselves in variety of whimseys to such a de
gree, as they by no means ought to do.

* pilpeopbunja is translated by Sir H. Spelman fictas ad libitum ado-

rationes. This led some puritans into a lepid mistake. See Dr. Hammond
on Col. ii. 23, which text Sir H. Spelman too puts in his margin. The
worshipping of wells and fountains was a superstition which prevailed in
this nation till the age before the Reformation. Nay, I cannot say that it
is yet extinguished among the papists. In the ages of dark popery, it

["J rcpijxer, and shrift, added in (rpeop-pupbunja -\ rtan-pupbunsa, -\

X.] Sone beorler cpsert, be man bpyMS
f [binnon vn. mhcum, X., ' within bap man ba cilb buph b eop'San nhS
even nights.'] -j ba jemeapp be man bpih'5 on Jeajiej-
J [unbircopob, unconfirmed, T.] mht) with various spells, and with
5 [Mr. Thorpe translates the former 'frith-splots,' and with elders, and with
part of the canon to the same effect, many various delusions,with which men
but gives the remainder as below : do much of what they should not."
According to MS. D., from which This variation, as specifying the
Spelman's text was taken ; forms of false worship, seems to prove
" and man-worshippings, and the that the first part of man-peopbunga
vain practices which are carried on in MS. D. is for man, wickedness or
(man-peop'5unga,7basemeappbe men wicked, and therefore that Johnson's
bpij-8) with various spells and with translation 'false worship,' gives the
'frith-splots,' and with elders, and also true meaning. Compare in Bosworth's
with various other trees, and with stones, Dictionary, man-bteb, a wicked deed;
and with many various delusions, with man-aft, a wicked oath, perjury ; man-
which men do much of what they peopc, a wicked work. Frith-splot, as
should not" explained in Thorpe's Glossary, is the
According to variations of MS. X. : same as ' frith-geard,' a spot or plot of
" and tree worshippings, and stone wor- land encircling some stone, or tree, or
shippings, and that devil's craft, whereby well, considered sacred, and therefore
children are drawn through the earth, affording sanctuary to criminals. Com-
and the vain practices which are car- pare above, Law of Northumb. priests,
ried on on the night of the year, A.D. 950. c. 48.]
416 CANONS MADE IN [A. D. 960.

was thought sufficient to forbid the honouring of wells and fountains

without the bishop's approbation.
1 Sir H. Spelman's version here is hominum cultus Divines, but this
cannot be the meaning ; because the worshipping of saints was now cer
tainly practised in this church, and therefore could not be condemned by
the author of these canons. And 'the Saxon word implies not what Sir
H. Spelman supposed.
" gemaajina in law first of King Edward in Lamb, seems to signify the
substituting one thing for another by sleight of hand, therefore I turn it
legerdemain*.
" In this word I follow Mr. Somner's conjecture, in the next word, ellene,
my own. The elder-tree still passes by that name in some of the north
west countries. No tree looks more venerable, or divine, when it is full of
blossoms, or berries. Mr. Somner turns it olive-tree. But our forefathers
dealt not in exotics.

17. And that every Christian man diligently winf his child
to Christianity and teach him Pater Noster et Credo.
18. And that men on holy-days forbear heathenish songs,
and diabolical sports.
19. And that men abstain on the Sunday from markets,
and county courts.
20. And that men abstain from fabulous readings, and
absurd fashions, and scandalous shavings of the hairj.
Here I follow Mr. Somner. It is well known that the several modes
of cutting or shaving the hair were among the heathen tokens of men's
being devoted to one idol or another. The Danes being heathens or half
Christians, had introduced these fashions here in England.

21. And that men abstain from familiarity with concu

bines, and choose lawful marriage .
22. And that every man )earn to be expert at Pater Noster,
et Credo, as he desires to lie in holy ground, or to be [es-

[Tiir hpa jemeappa manna psepe, + [pserrge, accustom, T.]

Se polbe ojmep ypp Co bopje reacan j XX. Sub pe laspa*, 1* man ser-
pop pybep tyhclan. Si quis adeo merit pice hrseleappa gepseba (pseba MS.
animi scelerati, ut bona aliena, calum- D.) birlicpa gepieba ~) birmopliqn
nise causa, pignori ponere non verea- ereruiija (o'ifSe unepepunge in margin.
tur. Leges Edwardi Regis, (A.D. MS. X. f. 27.)
901 924) Lambard, p. 38. Thorpe 20. And we enjoin, that unbecoming
gives this in a note as the reading of garments, and foolish discourses, and
MS. CCCC. 383, (19. 2,) but in the ignominious shavings be abstained
text has Lip em ypelpa manna paspe, from.
if there were any evil minded man, [t Uijije pihe sepe, and love hi
&c., from Tcxtus Roffensis. Compare lawful wife, T. This canon is omitted
Thorpe, p. 68.] in MS. X.]
A.D. 960.] king edgar's reign. 417

teemed] worthy of the housel ; for he who refuseth to learu

that, is not a good Christian, and he cannot of right under
take for others at baptism, nor at the bishop's hands. Let
him who knows it not first learn it*.
23. And that there be no violent strife between men on
festival or fasting days.
24. And that on festival and fasting days, oaths and
ordeal be forborne.
25. And that every man abstain from his pwife on festival
and established fasting days.
p Read pip, not pic. Somncr.

26. And that priests keep their churches with all honour
for divine ministrations and pure services, and to no other
purpose ; and that they allow of no indecent thing either in
or next it, nor of any idle word or work, nor of indecent
drinkingf. Nor let any dog or swine come within the
verge of the church, so far as man can govern.
27. And that nothing be lodged in the church that is not
befitting it.
28. And that men be very temperate at church-wakes,
and pray earnestly, ' and practise nothing unbecoming
q there J.
* Bead beep ne, not bapne.

29. And let no man be buried in a church, unless it be

known that he in his lifetime have so pleased God, that
men on that account allow him to be worthy of such a bury
ing place.
30. And that no priest celebrate mass in any house but a
hallowed church, except on account of "some man's extreme
sickness.
* Not on account of any layman's sickness, the thirty-eighth canon pro-

* [nor at the bishop's hand, ere he nor within the church- enclosure let
learn them, T. ; rep he hit geleopnige, there come any dog, (nor horse,) nor
L. S. W. T.] yet more a swine, if it can be so or-
f [The remainder of the canon is, dered. T.]
ne rerpe remg ibel, ne binnan upic- ' t [t Being gebpinc, 7 sonig unmt
tune renig liui b (re hopr, add. X.) ne bp ne bpeoge, and suffer there no
cume, ne ppin be ma, (iter be man drinking, nor any vanity. T.]
pealban matge, nor ever any frivolity :
JOHNSON. |) (|
418 CANONS MADE IN [A.D. 960.

Tides for this ; but in case any priest had vowed, or through zeal was re
solved, or had it enjoined him in penance to say mass, and yet was too
sick to go to church. See also Can. 25 Elfric 960*.

31. And that the priest never celebrate mass at least

without a hallowed altar.
32. And that a priest never celebrate mass without book ;
but let the "canon be before his eyes to see to, if he will, lest
he mistake.
' The canon is the most essential part of the mass, viz., from the end of
the Trisagium till the consecration be ended. It is fairly intimated here
that the priests used to say this canon without book (of which see my Un
bloody Sacrifice, Part II. Preface, p. 21, and Book, p. 147 1) and even here
the priest is only permitted, not enjoined to read it.

33. And that every priest have a 'corporas % when he cele

brates mass, and a usubumblem under his alb, and every
vmass vestment decently put onIf.

' A linen cloth in which to lay the Sacrament ||.

I no where else meet with this term ; Mr. Somner turns it subucula.
To me it seems so called, q. resits subumbilicalis, and to signify the amyt
which, as it had a head-stall, and came over the shoulders, so it was
strait about the reins, in renibus stringitur, says Durandus, lib. 3. c. 2 ".
* Here it may be "seasonable to mention the whole missal attire of the

[See also iElfric's epistle, Quando Durandus ; but the latter name did
dividis Chrisma, Thorpe, p. 465, and not prevail at the date of these canons,
Eccl. Inst. c. xi. ; Thorpe, p. 473.] being first used in the laws of King
+ [Oxford edition, A.D. 1847. Part Edward the Confessor, De Latroni-
II. Pref., p. 20, and ch. ii. 2. p. 176, bus interfeetis, etc., c. 36; Thorpe, p.
note z.] 199.
X [corporalem, (corporale, MS. X.,) The surplice is recognised by one of
a corporale, T.] the directions of the missal as a gar-
[subuculam, (subumbrale, X.,) a meut preparatory to the mass-vestments
subucula, T.] properly so called.
If [pup'Shce behpopjren, worthily ' Quibus ita dispositis, accedit ad
appointed, T.J paramenta, ubi calciatus pedibus, et
|| [Duplex est palla, quae dicitur indutus vestibus sibi convenientibus,
corporale : una scilicet quam Diaconus quarum exterior saltern talum pedis
super altare extendit: altera quam attingat: induit se, si sit Praelatus sa-
super calicem plicatam imponit.Du- cularis, supra rochettum : si sit Pne-
randi Rationale, lib. iv. c. 29. n. 4.] latus regularis vel alius Sacerdos sss-
[The words of Durandus, lib. iii. cularis, supra superpelliceum, si com-
c. 2, refer only to the amictus, amice, mode haberi possit, alioquin sine eo
and the way in which it was fastened. supra vestes communes, dicens ad sin-
The subucula seems to mean the linen gulasingulasorationes inferiuspositas.'
garment worn by the priest next over Rims celebrandi Missam. De prapa-
his common clothes, under the amice, ratione Sacerdotis. See Dr. Rock's
alb, and other mass-vestments, and to ' Church of our Fathers," Part I. c. r.
be the same as the 'surplice' men- 10, and c. vi. 1.]
tinned in Johnson's next note and by
A. D. DUO.] kino edgar's reign. 419

priest, as we have it in Durandus, lib. 3. c. 27 . The amyt before men

tioned covered the head and shoulders, encompassed the breast and reins,
and was tied with two strings. This was usually the innermost garment,
but Durandus commends the practice of some in wearing a surplice over
their own clothes under the amyt ; next was the alb embroidered, made of
fine linen, or byssus ; it was strait, without any surples, and had strait
sleeves, it had a head-stall, and covered the whole body : then the girdle ;
next was the stole, or scarf, which came round the neck, and down to the
knees on each side : over this was the chesible, or planet, which was a
surpled garment, stood up on the shoulders, and at the priest's lifting up
his hands it opened itself on both sides. Last was the maniple, that was
a napkin or handkerchief to be laid at his left hand to wipe off the sweat
of his face, and it was indeed necessary, that the man under such a load
of habiliments should be provided with this last too. And yet it were well
if these habits were the greatest burden that the pope laid on his priests.
Durandus further says, c. i. of the said book, that the archbishop had
eight vestments, beside the ornaments of his hands and feet, and c. 10,
11, after the alb they put on a tunic, and some two of them, and over the
tunic a dalmatic, which, he says, succeeded the colobium of the Apostles :
the bishop also had a surcingle, which was an ornamental addition to the
girdle. He mentions also the pluvial, or cope, in this chapter, but says it
was used only on the greater festivals. He mentions also the dalmatic of
the deacon, as straiter than that of the bishop ; and the tunicle of the
sub-deacon as straiter than the dalmatic of the deacon. Ostiaries, lec
tors, exorcists, and acolyths, says he, go all in white, that is in surplices,
with an amyt, an alb, and belt, c. i., and having there mentioned the name
of the other vestments, he adds, there is also a surplice, which they who
tend at the altar, and other holy offices, ought to wear over their common
clothes.

34. And that every priest take great care 'to have a good
book, at least a true onef.
35. And that no priest celebrate mass alone, without one
to make responses to him.
36. And that no man take the housel after he hath broke
his fast, except it be on account of extreme sickness.

* [Durandus treats of vestments baculus pastoralis, de quibus omnibus

throughout hia third book, which con- singulatim prosequimur : et etiam de
tains nineteen chapters, and gives the sudarlo et pallio, etc. Durandi Ratio-
following enumeration: nale, lib. iii. c. 1. n. 18.
Sex indumenta sacerdotibus, et epi- For a learned discussion on the vest-
scopis comraunia sunt haec: amictus, ments of the Anglo-Saxon clergy, see
alba, zona, seu cingulum, stola, inani- Dr. Rock's ' Church of our Fathers,'
pdlus, planeta. Novem vero pontifi- Fart I. c. 5 and 6.]
cibus specialia sunt heec : Caligee, ' f [1* he gobe -\ hupu jnl.re bee
sandalia, succinctorium, tunica, dal- hsshbe, so that he have good, and espe-
inatica, chirothecse, miira, annulus, cially orthodox books, T.
Dd2
420 CANON'S MADE IN [A.D. 960.

37. And that no priest celebrate mass more than thrice at

most in one day.
38. And that the priest have the housel always in a readi
ness for them that may want it; aud that he keep it with
diligence, and purity, and take care that it does not grow
stale : if it be kept so long that it cannot be received, then
let it be burnt in a clean fire, and let the ashes be put under
the altar; and let him who was guilty of the neglect dili
gently make satisfaction to God.
3U. And that a priest never presume to celebrate mass,
unless he hath all things appertaining to the housel, viz., a
pure oblation, pure wine, and pure water. Woe be to him
that begins to celebrate unless he have all these ; and woe be
to him that puts any foul thing thereto; as the Jews did,
when they mingled vinegar and gall together, and then in
vited Christ to it by way of reproach to Him.
40. And that it never be, that a priest celebrate mass, and
do not eat the housel himself*, or hallow again that which
was hallowed before.
41. And that every chalice in which the housel is hallowed
be molten, and that no man hallow it in a wooden chalice.
42. And that all things near the altar, or belonging to
the church, be very cleanly and decently ordered, 'and let
xwhat is holy be laid up with reverence, and let nothing
come near itt; and let a light be always burning in the
church when mass is sung.
Sax. halisbom, the sacrament, or relics of saints, or both.

43. And that no hallowed thing be neglected, as holy

water, salt, frankincense, bread, or any thing that is holy.
44. Aud that uo woman come near the altar while mass is
celebrating.
45. Aud that the hours be timely notified by ringing [the
bells,] and that every priest J then look out his tide-song in
the church J, and that prayers be there diligently made in
the fear of God, and intercessions for all people.
* [l I-)' F i> hurl ne 5e)n<se, and 'ha%dom' be very reverendly placed,
not taste the housel himself, T. j T. IIalkjiiom, relics of saints; the
f ' [-] b. p tenij; )niij;c: jrulej- neah ne Gospels. T. Glossary.]
cume, ac ^elciji^e man bone halij;bum J [bonne hif nb-rai.g on cijican
rpifte anpupS.ice, and where nothing gerece, then attend his cunoi.ical hours
foul may come near them ; but let the in the church, T.]
 A. D. 960.] king edoah's reign. 421

' My translation is literal. Our reformers in preface to Book of Com

mon Prayer take notice how difficult it was to find out the daily service in
the old books. Mr. Somner turns the words ad cantum ecclesiam petat.

46. And that no zmass-priest, or minster-priest ever come

within the church door, 'or into his "stall without a stole, at
least that he do not minister at the altar without his vest
ment*.
' The mass-priest is here, I suppose, the secular, the minster-priest the
conventual. The words of Durandus, 1. 3.C. 5, are very apposite, viz., " though
the priest may baptize, and do other such like offices without any other
vestment, yet not without his stole, unless in case of necessity f. And the
stole, or orarium, seems to have been the most ancient officiating habit.
Mr. Somner turns oreprlipe surplice, but I take it to be a mistake of that
learned man.
" Some say chancel, but I see no just reason for it.

47. And that no ecclesiastic cover his tonsure, nor permit

himself to be mis-shorn, nor his beard to grow for any long
time, if he will have God's blessing, and St. Peter's, and
bours.
k Therefore these canons were made by bishops, or by one at least.

48. That all priests be uniform as to the feasts and fasts,

and all bid them in the same manner, that they may not
misinform the people.
49. And that all fasts be made meritorious by alms J, that
is, that every one give alms in devotion to God, then is his
fasting more acceptable to God.

' ne binnan peoh-rtealle (peopb- alia plura orando facere liceat, sine
j-Eealle, X. )buron lnr opep-plipe,(c>|ep- orario tamon, nisi magna necessitate
flope, X.) ne liupu et pam pe robe cogente, nihil horum facere licet. In
J> lie bjep heiiije. huEon bicpe pa-be, concilio Triburiensi in Bucardo, (lib.
nor within the sanctuary without his 6. cap. Presbyteri,) legitur, nt Presby-
upper vestment ; nor on any account teri non vadant, nisi stola oraria induti.
to the altar, so that he there minister, Notandum autem est quod antiquiius
without that garment, T.; peoh-rreal, atola erat veRtis Candida, pcrtingens
' holy place,' or ' place or the holy usque ad vestigia, qua Patriarchse ute-
tbing,' and peopob-preal, 'altar-place,' bantur ante legem : primogeniti cum
are clearly equivalent to 'chancel' benedictionem patris acciperent, in-
peoh is a form of pile, sacrum, from duebant, et Domino victimas ut Pon-
which also peorob (prg-beb) is derived. tifiees ofl'erebant. Sed postquam alba
See Bosw. Diet, art. pe pod; and ceeoit portnri, mutata est in torquem.
Hickes, Thes. i. p. 113-4. Durandi Rationale, lib. iii. c. 5. De
f [Dictum est autem ornrium, stola.]
quia quamvis sine aliis indumentis J [mib aslmeppan fcepupSab, s0_
Sacerdotibus baptizare, consignare, et lemnizcd with alms, T.j
422 CANONS MADE IN [A.D. 960.

50. And that all priests use the same practice in relation
to the service of the Church, and ckeep an equal pace in the
Church service through the course of the year*.
Not using the collect, epistle, and gospel for one of the later Sundays
of Epiphany, or after Trinity, on Septuagesima, or Advent Sunday : these
I mention as the most obvious instances of priests not keeping equal place
with each other.

51. And that the priest diligently instruct the youth, and
dispose them to trades, that they may have a support to the
Church.
52. And that priests preach to the people every Sunday,
and always give them a good example.
53. And that no Christian taste blood of any kind.
54. And that the priests remind the people of their duty
to God, to be just in tithing, and other mattersf, first the
plough-alms fifteen nights after Easter, and the tithe of
young animals by Pentecost, and the fruits of the earth
dby All Saints, the Rome-fee at Peter-mass, and Church-
scot at Martin's-massJ.
4 Yet by law third of this king nine hundred and fifty-seven tithes of
the earth were to be paid by the equinox. By the way of paying them
here mentioned they must probably first have been threshed, and cleaned ;
by the way mentioned in the third law they must have been paid while
in the straw.

55. And that priests so distribute the people's alms as

both to render God propitious, and to dispose the people
to alms-deed .
56. And that priests sing psalms, while they distribute

[L. Sub pe laspaft, f ppeortap bled. T. Addition from X.]

on cipic-Jpenunjum ealle an-bpeojan, J [And light-scot thrice a year, first
1 beon epen-peop$e on (epeii-popSe at Easter-eve, and a second time at
opep.X.) Seapep psece on eallum cijnc- Candlemas-eve, a third time on the
tenunsum. eve of All Saints* mass. Add. X]
50. And we enjoin, that priests in [is Iii55epbonseliobse5lafcian
ecclesiastical ministries all be on an Je pole ro selmcppan gepmiuan, that
equality, and in a year's space be like they do both give pleasure to God, and
worthy in all ecclesiastical ministries, accustom the people to alms. T. Cf.
T. Johnson's seems to be the more pas 1115c, above, canon 17.
probable version.] And it is right, that one part be de-
t [And it is right, that this be ad- livered to the priests, a second part for
monished at Easter, a second time at the need of the Church, a third part for
Rogation days, a third time at mid- the poor. Add. X.]
summer, when most people are assum-
 A.D. 960.] KINO EDGAK'S REIGN. 423

alms, and earnestly charge the poor to intercede for the

people.
57. And ethat priests guard themselves against over
drinking, and teach the same to other men*.
The sense of this canon seems not difficult, yet the grammar of them ' ' [sic]
is perplexed. I will not be positive that my translation is exact.

58. And that no priest be a 'common rhymer, nor play on

the music by himself, or with other men; but be wise and
reverend, as become his orderf-
' I have translated here as in the forty-first law of Northumbrian priests,
950, and Mr. Somner here again says cerevisiarius, rote/ex. I shall not
contend with any man who gives his translation] the preference ; after
r ylpim add obbe nub.

59. And that priests guard themselves against oaths, gand

that they earnestly forbid them.
In common conversation. ~ .-"

60. And that no priest too much love the h company of

women, but love his lawful wife, that is, his church J.
h Viciniam. Somner.

61. And that no priest be concerned in false witness, nor

be complice with a thief.
62. And that a priest ever 'decline ordeal, not an oath.
[LVII. Snb pe Iwpa'S 1> ppeortar J [And it is right, if a minister of
beopjan pi's ojrep-bpuncen, ^ hit the altar din ct his own life by the in-
geopne belcan oftpum mannum. struction of books, then he be worthy
57. And we enjoin, that priests of full thaneship, both in life and in
guard themselves against drunkenness, the grave : if he misdirect his life, let
and diligently reprehend it in other his dignity wane, according as the deed
men. T.J may be ; let him know, if he will, that
f [) senij ppeort ne beo ealu-rcop, neither women nor temporal warfare
ne on asms piron jlipije mib him- are befitting him, if he will rightly obey
rylpim, op[be nub] oSpum mannum, God, and rightly observe God's law.
that no priest be an ale-' scop,' nor in Dunstan decided, that a mass-priest, if
any wise act the gleeman, with himself, he had a wife, was entitled to no other
or with other men, T. ; rcop is a com- 'lad' than belonged to a layman of
mon word for ' poet,' being derived equal birth, if he were charged with an
from rceapan, to shape, create, as wotrj- accusation. And it is right, if a minis-
tijs from iruit'u : so, Oniepuf re Joba, ter of the altar conduct himself rightly,
rceop, Homer the good poet. K. Alfred's then he be entitled to full ' wer' and
Boethius, c. xli. 1. The word 'ealu,' worship. Add. X.]
mistaken by Johnson for 'eal,' all, or an [LXII. Snb pe lrepa'S, }> ppeope
'initiatory particle,' means ale, as beop, birasce opbel asrpe ne geas'Se.
beer. Comp. above, A.D. 950. c. +1, 62. And we enjoin, that a priest en-
note z.] gaged in litigation never be juror in an
424 CANONS MADE IN [A. D. 960.

1 I understand birsec, as roprac. o>>rac, avoid or decline ; not that the

priest was to avoid the ministering of ordeal to others, but to use that
way of purgation himself ; for in truth none hut slaves, and persons who
had forfeited their credit by perjury were usually put to this purgation.
(See law third of King Edward in Lanibard*,) the story of Queen Emma
is a fiction. Purgation by oath was more reputable. Somner puts a Q-
on Sir H. Spelman's translation here.

63. And that a priest do not make his purga tion against
a thane, without the thane's k fore-oath.
1 Fore-oath hath several significations : here I take it to mean that
oath which the informer, or accuser took, viz., that he believed his infor
mation to be true. And it was reasonable, that if the thane were known
to be the principal party in impleading a priest, he should make such
oath before the priest was put to his purgation ; and that it should not
be sufficient that any of the thane's under-agents gave their oath in this
case.

64. And that no priest be a hunter, or hawker, or player

at dice; but 'divert himself with his bookf, as becometh his
order J.
1 Ply his book, Somner.

65. And that every priest teach them who confess to him,
penance and satisfaction, and help them in doing it, and that
they housel sick men, when there is a necessity, and also

ordeal. T. "This interpretation is con- Wihtred's laws, c. 18. p. 18.]

jectural : that birwre may be an ad- f [ac plese on hir bocum, but ap-
jective, signifying litigious, disputable, ply to his books, T. Johnson is right
appears from 'Institutes of Polity,' c. in the translation of 'plese,' which
vii., where it is said, Sub pjrhsep hpaet means literally 'let him play,' but
bij-recef ry, feme re bijvop, ' And if wrong in translating bocum the dative
there be any thing disputable, let the plural as if it were bee the dative sin-
bishop settle it.' That the text is cor- gular. So also above in the thirty-
rupt,is rendered less probable from the fourth canon he mistakes the plural for
concurrence of both MSS., which have the singular. See the declension of
obviously not been copied from a com- boc, a book, Kask's Grammir, No
mon source." Thorpe, p. 401, note a, 106; and the list of Bishop Leofric's
p. 427. books ; Cod. Dipl. 940, vol. iv. p.
* [The following is the translation 275-6.]
of the law to which Johnson refers ; J [The canon says: If any man in
Of Perjurers. orders go a hunting, if lie be a clerk,
3. Also we have ordained concerning let him forego flesh for xii. months;
those men who were perjurers; if that a deacon two years; a mass priest
were made evident, or an oath failed to three; a bishop vii. ; and if any bishop,
them, or were out- proved, that they or mass-priest, or any man in orders
afterwards should not he oath-worthy, habitually over-drink himself, let him
but ordeal-worthy.- Thorpe, K. Ed- either desist, or forfeit his order. T.
ward's laws, c. 3. p. 69; compare K. Add. X.]
A. D. 960.] KING ED04RS RKIO.V. 425
anoint them, if they desire it; and after their departure dili
gently cover them*; and not permit any undecency toward
the corpse, but discreetly bury in the fear of God.
66. And that every priest have both oil for baptism, and
for the anointing the sick, and be ready [in ministering] of
rights to the peoplef, and earnestly promote Christianity in
every respect, and both teach them well, and give them a
good example, then will Almighty God reward him in the
manner most desirable to himself.
67. And that every priest know to make answer, when he
fetches the chrism, as to what he has done in relation to the
prayers for the king, and the bishopj.
What these prayers were I know not, nor will I guess. It seems pro
bable to me, that King Edgar approved of these canons, and that he re
quired his bishops to put them in execution, and that priests when they
fetched the chrism were to give account how they had observed them ; and
if we add but one letter to the Saxonic word, and read sebeobum, it will
signify the commands, or injunctions of the king, and bishop ; every one
knows that such slight variations are very common in all ancient monu
ments, especially in the Saxonic.

[x;eopne bebpeoppe, L. S. W. T., ppeojr pice Co cybmne, binne he

carefully order,] T. cpipman recce, hpser he on gebedum
f [-) eac JJeajia p CO rolcer Sepih- pop cynge ~\ bircope geboii hsebbe.
cuin, and also be prompt for the peo 67. And we enjoin, that every priest
ple's rights, T. The Anglo-Saxon word be able to declare, when he fetches
xernhrum may mean either rights or chrism, what he has done in prayers
riles, but the latter meaning seems to for king and bishop. T. This canon
be required by the context in this place. is not in X. Compare Excerptions of
See Bosw. Diet., art. Hint.] Kcgbriht, A.U. 740, c. 7, 8.]
t [LXVII. Snb pe liepaS, t lc
 A.D. DCCCCLXIIT.

PENITENTIAL CANONS.

OF CONFESSION.

Preface.

Sir H. The following canons have no other rubric, yet it is evi

Spelman,
vol. i. dent they are a distinct system from the former. There are
p. 456. few or no censures, or punishments inflicted in the former
[Wilkins,
vol. i. canons, here are certain penances assigned for sins of all
p. 229.
Thorpe,
sorts. And by the penance assigned to the monks and
p. 402.] clergymen for cohabiting with their wives, can. 31, 40, which
is the same as for murder, I should think it was Dunstan
that compiled them, and that this set of canons might be
called Archbishop Dunstan's Penitential; and therefore I
date them as made in the second year of his presidency, viz.,

A.D. DCCCCLXIII.

Latin. 1. When any one will confess his sins, let him act like a
man, and not be ashamed to acknowledge his wickedness
and crimes by accusing himself; because from thence pro
ceeds pardon : for without confession there is no forgiveness :
for confession cures. Confession justifies*.
[So Wilkins, who published these Quando aliquis voluerit confessio-
canons from D, the same MS. as Spel nem facere peccatorum suorum, viri li
man; Thorpe gives from other MSS. ter agat, et non erubeseat confiteri sce-
the whole Latin preamble thus : lera et facinora se accusando ; quia inde
De Confcssione. venit indulgentia, et quia sine con-
Incipit Ordo Confessionis Sancti fessione nulla est venia ; confessio enim
Hieronymi, qualiter confiteri debeat sanat, confessio justificat, confessio ve-
Christianus peccata sua. niam pcccatis donal.
A.D.963.] PENITENTIAL CANONS. 427

Here follows a "chasm in the MS., and then these two

short prayers, which were probably the absolution to be
given by the priest, viz.,
Let Thy mercy, O Lord, prevent this Thy servant, that all
his iniquities may be blotted out by a speedy indulgence,
through Jesus Christ our Lord.
Hear, I beseech Thee, O Lord, the prayers of Thy suppli
cants, who cry unto Thee, I beseech Thee, Lord.
* It seems probable that at this chasm there were intended to be in
serted various forms of absolution, and till copies of others were found the
form contained in the text was thought sufficient. I will as a supplement
to this defect give my reader one from the MS. in the Cotton library, Tibe
rius A. 3. Fol. i.* The book is of the age of Edgar, or soon after. For it
has his picture and St. Scholastica's in its front : the absolution is as fol
lows ; " The Almighty God, who created the heaven, and the earth, and
every creature, have mercy upon thee, and grant thee forgiveness of all
thy sins, which thou hast ever committed from thy being made a Chris
tian to this time ; through" &c.
Saxon.
2. Let him that is a physician to the souls of men, and [1. T.]
takes cognizance of their deeds, study distinctions, and that
discretion, how he may lay men under penance for their
actions, and yet not pass a rash condemnation upon them,
nor make them despair, 'when they are willing to confess [2.T.]
their misdeeds : especially let him hear him patiently. bLet
his own way [of doing it] be the road, if he be willing, and
know how humbly to confess his deeds, and consider his
crimes.
Imprimis igitur prosternat se humi- coram Deo, et coram sacerdote, confi-
liter in conspectu Dei, super terrain, tens peccata sua. Sequitur oratioj
adoratione, et lacrimas fundens ; roget Oremus : Preveniat hunc famulum
beatam Mariain, cum Sanctis angelis, tuum N. quaeso Domine, misericordia
et Sanctis apostolis, et martyribus et tua, ut omnes iniquitates ejusceleri in-
confessoribus, et virginibus, et omnibus dulgentia deleantur, per Jesuui Chris-
electis Dei, ut ipsi intercedant pro se turn, Dominum nostrum. (Exaudi
ad Dominum, ut Deus omnipotens dig- quseso Domine, supplicum preces cla-
netur ei dare sapitntiam perfectam, et mantium ad te, queeao, Domine. D.adrf.)
veram intelligentiam ad confitendum Amen. T. Mr. Thorpe adds in a note,
peccata sua: Christeaudi nos ; Sancta 'The Latin preamble is from Bx, the
Maria, omnes Sancti, orate, et rel. text is from N, collated with C, D, and
Post hec autem cum fiducia surgens, Bx.']
confiteaturpcenitens credulitatem suam, [From this MS. referred to by the
dicens: Credo in unum Deum, et rel. letter N, Thorpe's text of the following
Et post hec incipiat confessionem suam canons on confession is taken.]
 428 PENITENTIAL CANONS. [A.D. 963.
b Somner removes the stop, as I have done, but he translates the words
suum sit prudens consilium, si ... .

[3. T.] 3. Enquire of him concerning Lis manners, squeeze out

his crimes, represent [to him] his deeds*, and beware that
thou pass not the same judgment on the rich and the poor,
the freeman and the slave, the old and the young, the healthy
and the sickly, the humble and the proud, the strong and the
weak, the ecclesiastic and the layman.
[4. T.] A wise judge will discreetly make distinctions as to every
action, how it was done, and where or when. Wrong is never
allowed at any time : yet a man should also especially guard
himself on festival and fasting daysf: and as a man is of
greater power and quality, so he ought to make deeper satis
faction, both to God and the world, for wrong done J ; there
fore the mighty and the mean man, the healthy and the
sickly, ought not to have the same burden ; and therefore a
man is to judge with moderation, and discreetly to distin
guish.
[5. T.] 4. After this let [the penitent] humbly rise to his shrift ,
and first say, " I believe in the Lord, the supreme Father, the
governor of all things, and in the Son, and in the Holy
Ghost; and I believe life after death, and I believe that I

' [II. Donne re man lum hip nnr- Spelman and Wilkins in omitting to
beeba anbercan pille, gehype him translate the other Saxon words, here
aejiejr gebilbelice, hu hip jure pepab given.]
pi. Ti\y lie pille ~\ cunne eabmnblice % [The remainder, and a conlinu-
lur bseba anberxan, } bu onpee js him ation nearly agreeing with the canons
hip p)- una hppeopen, lceri hine luplice number 10 and II below, are thus
j milbhenptlice. translated by Mr. Thorpe :
III. flip he lie cunne hip bseba an- "because the powerful and the feeble
berxan ~\ hip plrap, apmeagan, acpa may not lift a like burden, nor the
hine hip pipena, -\ atpeb him bi Siltap sickly a like one with the hale : and,
ut, -) apec hip beeba (rmrbteba, D.] therefore, we must moderate, and dis-
2. When the man wishes to confess creetly distinguish between age and
to him his misdeeds, first hear him youth, wealthy and poor, hale and sickly,
patiently, how his conduct be regu- and every degree. And if any one do
latett. If he will and can humbly aught amiss uuwilfnlly, that is not like
confess his deeds, and thou feel sensi- to him who willingly and wilfully doeth
ble that he repents of his sins, teach amiss of his own accord. And also he
him kindly and tenderly. who is an unwilling agent in that which
3. If he cannot confess his deeds, he misdoeth, is always worthy of pro-
and meditate on his sins, question him tection and the milder sentence; be-
regarding his ways; and extort his cause he was an unwilling doer of what
sins from him, and enquire into his he did. Let every deed be cautious-
deeds. T.] ly distinguished before God and the
t [l on ppeolpropan eac ppa, and in world."]
festive places also, T. Johnson mis- [p.-pipre, confessor, T. ; so also in
places 'also,' and differs both from the next canon. 1
A. D. 963. J PENITENTIAL CANONS. 429

am to arise at dooms-day : and all this I believe shall come

to pass through God's power and mercy.
5. And then meekly bowing to his shrift with contrition [6. T.]
and a sorrowful mind, let him humbly rehearse his confes
sion, and say, " I confess to Almighty God "and to my shrift,
the ghostly physician, all the sins with which I was ever de
filed by accursed spirits, either in de^d, or in thought, either
with men, or with women*, whether according to nature, or
contrary to nature.
It is evident the fashion of confessing to angels and saints did not yet
prevail.

6. " I confess intemperance in eating and drinking, early [7. T]

and late, all manner of lust, evil-speaking, envy, doubling,
lying, vainglory, idle-words, prodigality, and all the luxury
which ever befel my unruly bodyf. I confess, that I have
too often been a dcontriver of sin J, a consenter to sin, a
complice in sin, a teacher of sin.
d Head pyphra, not pihra. Sonmer.

7. " I confess murder [committed] by my mind, perjury, [8. T.]

unpeaceableness, neglect of God's denunciations. I confess
all that I ever saw with mine eyes [tending] to covetous-
ness, or evil-speaking, all that I ever heard with mine ears,
[tending] to superfluity, or spake with my mouth [tending]
to superfluity .
8. " I confess^ all the sins of my body, by my skin, by [9. T.]
my flesh, by my bones, by my sinews, by my reins ||, by my
[<>bbe pi'S peepman, < bbe piS pip- T.]
man, (bbe piS ajuje sepceapr, or with [VIII. Ic anberre minep mtbep
man, or with woman, or with any urea- mcp'Sup, -\ mei.e a'Sap, -\ unpbbe, 1
ture, T. ] opepinobiicneppe, peteleapneppa irubep
f [VII. Ic anberre gipepneppe terep beboda. Ic ai.berre eal i> ic teppe
-j bpencer, Re scp ribe, ge < pep-nbe. nub eagum gepeah ro girpunge, < bbe
Ic anberre seice grrpunga, -j sepepr, i ro rselueppe, c bbe nub eapum ro nn-
raeliieppa, t rpi pppajci.eppa, ltcpunga, njrregeliypbe.ubbe nub inmummuSe
-j unpiur Jilp, T ibel pupb,-] unpilic ro unnyrre gerp&ti.
cypra, -} aslci.e glasiigc be ro nmiep 8. I confess my mind's deadly sins,
hchaman unpsebe Kppe leiimi.e. and perjuries, and enmity, and pride,
7. I confess greediness in eating and [and] recklessness of God's command-
drink, both beloie time, and after time. ments. I confess all that I have ever
I confess all the cravings, and envy, seen in covetousness, or in disparage-
and calumnies, and deceits, leasings, ment, with my eyes, or uselessly heard
and unjust vaunt, and idle speech, and with my ears, or U:>elessly spoken with
unjust quarrels, and every pomp that my mouth. T.]
have ever been to my body's prejudice. H [Ic anberre be, I confess to thee,
T.] T.]
I [rynna pypl.ra, a worker of sins, || [l p p sebbpan, and of veins, T.]
 430 PENITENTIAL CANONS. [A.D. S63.

gristles, by my tongue, by the lips, by the palate*, by the

teeth, by the hair, by the marrow, by every thing soft or
hard, wet or dry. I confess I have kept my baptism worse
than I promised to my Lord, eof my orders which I ought to
have guarded to the praise of God, and His saints, and to my
own eternal salvation, I have been too negligent f. I have
often been tardy at my tide-songs. I have sworn false oaths
'in animam Dominorum meorum, and have taken the name of
God in vaipj.
This part of the confession relates to clergymen only.
' So I turn CDmjia blajronba life. Somner turns these and the remaining
words of this canon, Dominorum meorum vitam, et Domini rumen in
vanum accepisse. I rather think it is to be understood of the old way of
procurators (such clergymen much affected to be of old) swearing instead
of their principals, which is justly forbid by can. 132 of those published
1603.

[io. T.] 9. "I beg of my Lord forgiveness of all; and that the
devil may never insidiously surprise me, so as that I die
without confession, and satisfaction for my sins; as I this
day confess all my guilt before my Lord and Saviour Christ,
who governeth heaven and earth, and before this holy altar,
and these relics, and before my shrift^, and the Lord's mass-
priest ; and am [in a state] of pure, and sincere confession ;
and in a good disposition to satisfy for all my sins, and to
abstain from the like, so far as I ever can.
[11. T.] "And Thou, O Saviour Christ, be merciful to my soul, and
forgive my sins, and blot out my guilt, 'which I have now, or
ever before contracted ||, and bring me to Thy supernal king
dom, that I may there dwell with Thy saints and elect without
end, eternally. Now I humbly beseech thee, O priest of the
Lord, that thou be my witness at dooms-day, that the devil
may not prevail against me, and be thou my intercessor with
[t p>ji soman, and for gums, T.] false oaths by the life of my lords ; and
f I ) nunne hab be ic jxolbe Dobe my Lord's name I have named in vain.
1 hir halgum to lojre healban, -j T.]
me rylfum Co ecejie hasle, ic haebbe [beo, am, T., rather, be : in Lam-
unmebumhce gehealben, and my con- baid, Spelman and Wilkins, the Anglo-
dition, which I ought to have holden Saxon text has no corresponding verb,
to the praise of God and His saints, but ' moriar' is inserted in the Latin
and to my own eternal salvation, I have translation.]
unworthily holden, T.] ^ [rqrce. confessor, T.]
J [) ic rpop mtene afar minpa hla- || [)>e ic p$ obbe seji n>e sepjie-
pmbahj:eT minej- Dnihceuer Hainan ic mobe, that late or early, I have ertr
nemnobe in ibelnerre, and I have sworn perpetrated, T. ]
A.D. 963.] PENITENTIAL CANONS. 431

God, that I may satisfy for my sins and guilt, and abstain
from other such like. The Lord assist me in this, who liveth
and reigneth without end for ever. Amen*."

Sir H.
The manner of imposing Penance. Spelman'i
" M " number
ing.
10. If any one commits any fault unwillingly, be he old 1.
or young, rich or poor, healthy or sickly, and of what rank
soever, he is not to be compared to him that commits it of
choice and self-will ; he who does amiss through compulsion
always deserves excuse, and a more favourable doom, in that
he did it of necessity so far as he did it.
11. Every action is warily to be distinguished both in 2.
regard to God and the world.

' The Writes observed beyond sea.

' beapar not beopar, Somner. Dunstan probably brought these canons
from France, where he lived in exile.

12. Every bishop shall be in his episcopal chair, on the 3. [I. T.]
h Wednesday called caput jejunii ; then every one that is
defiled with capital crimes shall come to him by day, and
declare his sins ; and then he directs a satisfaction to every
one according to the quality of his crimes. He separateth
from the communion of the Church those who deserve it;
and yet exhorts and persuades them to their own necessary
duty. Then [the penitent] with [the bishop's] leave goes
home.
h Ash-Wednesday.

18. Again on the Thursday before Easter all meet at the 4. [2. T.]
same place, and then the bishop sings over them, and gives
them absolution j and they afterwards return home with the
[The next two canons are given 1. Hae consuetudines trans mare
as part of canon [4] of the foregoing observantur; id est quod quilibet epi-
series in Mr. Thorpe's edition, which scopus, &c. See Ancient Laws, &c, p.
goes on at this place thus, the text 405 ; also p. 365 of ' Fenitentiale Ecg-
being taken from MSS. C and D. berti,' ed. Thorpe, from which it will
Modus imponendi pceuitentiam. be seen by Mr. Thorpe's references
1 . Dar beapar man healc bejeonban that many of the following canons are
rse \> lr \> tele bij-cop, &c. taken.]
 432 PE.VITENTIAL CANON8. [A.D. 963.

bishop's blessing. This is thus to be observed by all Chris

tian people.
[8. T.] s. 14* Yet the ' priest ought diligently to enquire with what
compunction and exactness the penitent performed the satis
faction that had been enjoined him, and to give him absolu
tion accordingly*.
' Clearly the bishop, and this is an usual way of speaking.

[4. T.] 6. 15. If one layman slay another without cause, let him fast
seven years k on bread and water, and four as his shrift directs
himf ; and after the seven years' satisfaction, always ear
nestly lament his crime so far as he is able : for it is not
known how acceptable his satisfaction has been with God.
* Ilere ought to be added three.

[5. T.] 7. 16. Let him who would kill another, but could not fulfil
his desire, fast three years, oue in bread and water, and two
as his shrift J directs.
[6. T.] 8. 17. If a layman kill another, against his own will, let him
fast three years, one in bread and water, and two as the
shrift J directeth, and let him ever lament his misdeeds.
[7. T.] 9. 18. If it be a sub-deacon, let him fast six years, if it be a
deacon seven, if it be a mass-priest ten, if it be a bishop
twelve year, and ever lament it.
[8. T.] 10. 19. If one kills his own child against his own will, let him
fast five years, three in bread and wateras above.
[9. T.] 11. 20. If a bishop or mass-priest kill a man, let him forfeit
his orders, and ever earnestly make satisfaction .
[10.T.]12. 21. If a woman murder the child within her, or after it is
come forth, with a drink, or with any other kind of thing, let
her fast ten year, three in bread and water, and seven as her
shrift in mercy directs her, and ever lament it^f.
[11. T.]13. 22. If one slay his 'slave without cause out of a present
fury, let him fast three year || .
' Mr. Somner had turned lic, persecutorcm, but he crossed it out.

[Cf. Ecg., P. I. 12.] below, can. 10. T.]

f [rrerce vn. seoji. in. on lilajre ) on [This and the five preceding ca-
pasrere, -\ J>a mi. rpa hi)- rcnijx him nons are the same as Ecg., Part II. 1;
rtece, vn. aunos jejunet, ill. in pane Thorpe, p. 367.]
et aqua, et mi. prout confessarius ejus 1j [Ecg., P. II. I.]
ei praescripserit T.] || [lb., P. II. 3.]
X [r< jujx, confessarius, T. So also
A. D. 963.] PENITENTIAL CANONS. 433

23. mIf a wife beat her husband out of any matter of H.[12. T.]
jealousy, and he be dead, and she herself be innocent; yet
let her fast three years, and ever lament her misdeeds*.
" Sir H. Spelman turns it, If a man beat his wife, and so on mutatis
mutandis. I pretend not to determine what translation is most just,
which is not to be done upon any certain grounds by reason of the looseness
of the pronouns here used. But I must observe, that the words " if he," or
" she be innocent" must be understood of the party slaying, and in relation
to the keeping the bed undefined, not to the murder, for without this sup
position, I know not what the particle " yet" does hero.

24. If a man wilfully kill himself, with a weapon, or 15.[13. T.]

through any instigation of the devil, it is not allowed to sing
mass for such an one, nor that his body be committed to the
earth with psalmody, nor that it be buried in an holy place ;
the same doom belongs to him that loseth his life as a pun
ishment for his crimes, that is the thief, and murderer, and
traitor to his lord +
25. If one defile himself with a beast, or one man with 16.[14.T.]
another, if he be twenty winters old, let him fast fifteen
winters. If the man hath a wife, and be forty years old, and
practise such a thing, let him desist, and fast during life.
And he is not to presume to receive the Lord's body till the
time of his death. The young, unknowing man that doth
such a thing shall be severely scourged J.
26. Let the wife or husband that breaks wedlock, fast 17. [15. T.]
thrice a week on bread and water for seven years .
27. He that relinquisheth his wife and taketh another 18.[ 16. T.]
woman breaketh wedlock. Let none of those rights which
belong to Christians be allowed him, either during life, or at
his death, nor let him be buried with Christian men : and let
the same be done to a [delinquent] wife : and let the kindred

[tip pip hijie man ppinj'o', S.W. ; tur, et innocens sit, [domina] vii. au-
Johuson was misled by this reading. nos jejunet; si autem nocens fuerit,
The text and its meaning according to iii. annos jejunet, et delictorum suorum
Thorpe are quite clear: usque preniteat. T. Cf. Ecg., P. II.
XII. tip pip lnjie pipman ppingS 4; Th., P. XXI. 13: Elf. Can. c. 6,
pop hpilcum littpum unban, 7 heo on above, p. 3'JO, note +]
bam brS beab, ) heo beo unpcylbrg, + [Ecg., P. II. 5 ; cf. Cap. Theo-
perre vii. j;eap, -J ip heo beo pcylbrg dori, Thorpe, p. 308.]
pnerre 111. Seap, ~i bepeoppge lnpe imp- % [Ecg., P. II. 6; Th., P. XVI. 7.
basba teppe. Si lnulitr ancillam suam 12, 31.]
flagellis verberaverit, ex prava aliqua [Ecg., P. II. 7; Th., P. XIX. 5.
invidia, et ex ilia verberatione moria- 17.]
JOHNSON. E e
 434 PENITENTIAL CANONS. [A.D. 965.

that were present at the contract suffer the same doom, ex

cept they will first be converted, and earnestly make satis
faction*.
[17.T.]19. 28. Let no priest perform any rights belonging to Chris
tians, to him that hath a wife and a concubine, except he
will be converted so as to make satisfaction : whether it be a
wife or a concubine, let him be under the same restraintf.
[18.T.J20. 29. If a married man defile the lawful wife of another, or
a wife [lie] with another woman's lawful husband, let [them]
fast seven years : three in bread and water, and four as the
shrift! directs. And let them ever bewail their crime.
[19.T.]2I. 30. If any woman takes two brothers for her husbands,
one after the other, n let them be parted, and be very diligent
in their satisfaction, so long as they live, according as their
shrift directs . But at their departure, let the priest perform
the rights of Christians to them, if they promise, that they
would lengthen their satisfaction, if they might live longer^.
* Sax. to -bo man hi.

[20.T.]22. 31. If one continue in such unlawful marriage to his life's

end without cessation, we know not how to resolve upon any
determination, but that it be "reserved to the divine doom.
They cannot be absolved ||.
0 Sax. set Kober bom gelang, Differatur ad Judicium Dei. Somner.

[2i.T.]23. 32. If a woman be married, it is not allowed that any

[Ecg., P. II. 8; Th., P. XIX. 6. clssnan (lejepe, add.!) ne mot.

12.] 20. Si quis in tali nefancio conjups
f [Ecg., P. II. 9; Th., P. XIX. permanserit usque ad vita sua: finem,
83.] sine ulla resipiscentia, non possumus
X [hir rcpijt, confessarius ejus, T. ; ei aliquod consilium excogitare, sed
cf. Ecg., P. II. 10; Th., P. XIX. 32.] Dei judicio est relinquendum j nee
[rpa heona rcrujt heom tssce, mundo (sepulcro) committatur.
prout confessarius eoruin eis praescrip- In support of this interpretation of
serit. T.] the last clause, see above, p. 380, Law
% [Ecg., P. II. II; Th., P. XX. of Northumbrian Priests, c. 62; Thorpe,
12.] p. 420. The parallel passage in Ecg-
|| [ne he to clasnanne mot, S. W., briht's Penitential runs thus :
neque potest absolvi. W. Gijr hpa on rpylcum manjrullan pn-
The text and Latin version of this rc)'Pe bunhpuna'5 o'o* hir enbe, ne
canon is thus given in Thorpe's edi- cunne pe him nane bote taecan, butan
tion : hit ir set Kober borne gelanj. Si quis
XX. Tiip hpa on jjilcum manpillum in tali nefando conjugio permanent
j-inrcipe biip.hpuna'5 o'o' hir href enbe, usque ad finem suum, non possumus
butun aslcepe jejpKenerre, ne cunne ei aliquam emcndationem pr.-escribere,
pe him nsenne pseb gebencan, buton sed Dei judicio est relinquendum.
hit ir est kober borne gelaus, ne he to Ecg., P. II. 11; Thorpe, p. 369.]
A.D. 963.] PENITENTIAL CANONS. 435
other man bereave [the husband] of her*. If any one do it,
let him be excommunicated.
33. If one by;his subtlety force a woman or maid to un- 24.[22.T.]
righteous copulation, against her will, let him be excommu
nicated.
34. If one seduce another man's domestic from him for 25. [23. T.J
carnal purposes, with his Pginsf, and lies with her against
her will, if he be an ecclesiastic, let him forfeit his orders, if
he be a layman, let him be excommunicated from all things
that belong to Christians.
r Sir U. Spelman's translation supposes that an ecclesiastic might
charm a woman with locks of his hair, whereas he was really to have his
hair so short as to have no locks properly so called. And the picture of
any old ecclesiastic will sufficiently prove that their hair could never
strike the fancy of a young woman : therefore I rather understand the
word loccum of some trickish lock or bolt, which any one could shut, but
none except the person that was well acquainted with it could open, and
by which men given to vicious amours might make young women their
prisoners.
Since my writing this I have found the first words of this canon trans
cribed out of an Oxford MS. by Mr. Wanley in his catalogue, p. 53 ad calc,
save that for loccum, he has lot-ppencum, and though Mr. Somner passes
over this place in his Annotations on Sir H. Spelnian, yet he has lot ppencar
in his Dictionary, and turns it versutia, &c.

35. If any maid be betrothed, and in the mean time be 26. [24. T.]
taken captive, or by some occasion driven away from him to
whom she was betrothed, and it happen 'that she comes into
the sight of him J, they may remain together for the future.
For she was absent from him against her will.
36. If a religious woman turn herself to secular vanity, 27. [25. T.]
and betake herself to the retinue of some family, and thinks
' [hine bser bepeapge, illam eiau- Pcenit. II. 14, Thorpe, p. 369..
ferat, T.] Johnson's note makes it necessary
f [nub hir loccum, suis illecebris, to add, that the word 'loccum' (dat. pi.)
L. S. ; mib hip lorppsencum, versu- in Lambard's text, and that of Spel-
tiis suis, T. So also in Keg., P. II. man, though probably a genuine varia-
14, where Wilkins (p. 130) reads as tion and rightly translated by them,
Thorpe, although in this place he has contains no allusion to ' locks of hair'
loeppencum, the letter c in the first part or fastenings of doors, but is merely
of the word being perhaps inadvertently equivalent to the other reading. Com-
suhstituted for c : pare the German words locke, an al-
tip lipa mib hir loeppencum oflper lurement, locken, to entire, decoy.]
manner polgepe rpam him apaece rop ' t [1* ne0 on neapepte becume, ut
hsenieb-pinse, Si quis versutiis suis alter in alterius viciniam veniat, T.
alius hominis pedisequam ab eo for- So also in Ecg., F. II. 15.]
nicationis causa, allexerit, T. Ecg.
e e2
 436 PENITENTIAL CANONS. [A. D. 963.

that with her wealth she may make satisfaction for having
incurred the divine wrath, this is nothing : but let her for
sake her carnal life, and live as her shrift directs her, and
diligently make satisfaction for her crime*.
[26.T.]28. 37. If a mass-priest or a monk kill a man, let him forfeit
his orders, ' and fast ten years on bread and water, and for five
[years] three days in the week, and on the other days let him
enjoy his meat, but ever lament his crime.
The deacon eight years, [five] in bread and water, the
'otherf.
a Q. of the word cupum %.

The clerk six years, four in bread and water.

The layman five years, three in bread and wateras
above.
[27.T.]29. 38. rIf one slay an ecclesiastic, or his own nearest kins
man, let him leave his country and estate, and do as the pope
directs, and ever lament it .
r This was a case in other places reserved to the bishop only in this
age. But Dunstan was a naming papalin, and to make some amends to

[XXV. Iii)p pipman geliabob brtS, fruatur cibo suo, et usque eum debito-
T lieu pbban co populblicpe lbelneppe rum suorum pceniteat. Diaconus vii.
Jecyppe'S, ) hippaebene unbeppeh'S, T in pane et aqua, et reliquis ut supra.
benc'S 1> heo nub lupe tehr.an gebete, T. Cf. Ecg., P. IV. 2 5; Th.. Cap.
p heo IVobe abealh, nip t nahc, ac p. 314317; Th. P. XXI. 16, 17.]
popleece bone pnpcipe, 1 gecyppe co % [The word curum, which in Lam-
Lpirce, -\ libbe hipie lip ppa lupe bard and Spelman's text stands in the
pcpirr tEeee, T bece )>a mipbsba a-ppe place of ' ut supra' of Thorpe, is pro-
rpiSe jeojine. bably a genuine variation, meaning
25. Si mulier ordinata fuerit, et de- 'with clean meat,' as distinguished
hide ad niundanain vanitatem reversa from flesh: so in Ecg., P. IV. 9. -j ba
fuerit et familiam susceperit, et co- obpe bpuce hip merep, bnran plspce
gitet possessionibus suis id emendare anum, et reliquis fruatur cibo suo, ex-
quo Deum irritaverit, id nihili est; cepta earne sola. See Thorpe, p. 3 78,
sed conjugium illud rclinquat, et ad and note b. Mareschalli Obs., p. 523.]
Christum revertatur, et suani vitam [The following is the parallel pas-
vivat prout confessarius ejus pnescrip- sage in Ecgbriht's Penitential :
serit, et valde diligenter debita sua VI. tip hpa jjebabobne man oj-plea,
usque emendet T. otHSe hip neahpean mtej. j .pla-ce lirp
The same canon is more expressly eajib ~\ hip aehca, ~) pape co Rome, co
laid down, Ecg., P. II. 16. See also bam papum, -j bo pySSan ppa pe papa
Th., P. XVIII. 16.] him caece.
' t [l Ferce x. jeap, v. on hlape -] 6. Si quis ordinatum honiinem occi-
on pa^cepe T pp, bpeo bagap on puean, derit, vel proximum suum cognatum,
J ba obpe bpuce hip mecep, ~) behpe- discedat a patria sua, et a possessioni-
oppje hip lmpbasba teppe. Diacon vn. bus suis, et adeat Romam ad papam,
(vni. MS. D.) on hlape 1 on piecepe "J ba et faciat postea prout papa ei prsescrip-
ogjie uc pupjia, et x. annos jejunet ; serit. Ecg., P. IV. 6 ; Thorpe, p. 377.
v. in pane et aqua, et quinque, trihus Cf. Th., P. III. 6; XXI. 9; Th. Cap.
diebus per hebdouiadam, et reliquis p. 311.]
A. D. 963.] PENITENTIAL CANONS. 437

the clergy for depriving them of their wives, he made the murdering of
their persons more penal than it was before. It seems to have been a
hundred years at least from this time, before this practice took place in
other countries.

39. If a mass-priest or monk practise uncleanness, or30.[28.T.]

break marriage*, let him fast ten years, and ever lament it.
A deacon seven, a clerk six, a layman five, "as beforef.
* So Somner f. rpa berxip. See Can. 37.

40. If a mass-priest, or a monk, or deacon had a lawful 31. [29. T.]

wife before he was ordained, and dismisses her, and takes
orders, and then receives her again 'by lying with her, let
every one of them fast as for murder, and vehemently la
ment itj.
' Per concubitum. Somner.

41. If a mass-priest, or monk, or deacon, or clerk, or lay- 32.[30. T.]

man lie with a nun, let them fast as those of their rank ought
to do for murder, and ever forbear flesh ; and let the nun
[fast] ten years as the mass-priest, and ever lament it.
42. If any man would lie with a nun, and she refuse, 'or ss.fsi. T.]
with the lawful wife of another, and she refuse^, let him fast
one year in bread and water, for his unlawful desire.
43. If any man would lie with another man's lawful wife, 34.[32. T.]
and she refuse, let him fast "three Lents in bread and water,
one in summer, a second in harvest, a third in winter ||.
" There were of old for some time, and in some churches, particularly
in the English, or rather among the more superstitious part of the people,
three Lents observed, beside the great one before Easter, viz., before St.
John Baptist's Nativity, June 24, in summer, before the Assumption of
the Virgin, Aug. 15, in harvest, and Advent in winter ; but they were
not fasts of forty days.

44. If a man desire to lie with [any] woman unlawfully, 3S.[33. T.]
let him fast forty days on bread and water * *.
Jhiemeb-binsc bpihft, obbe pe- 'If [These words are not part of this
bpicS, fornicalionem commiserit. vel canon according to Thorpe, and in the
adultcraverit, T. So in Ecg., P. IV. 7.] texts of Lambard, Spelman, and Wil-
t [rpa be man-rlilice, ut pro homi- kins, the corresponding Saxon words
cidio, T. Cf. ibid.] seem to be redundant. Cf. Ecg., P,
t [Ecg., P. IV. 8 ; Th., P. XVIII. IV. 10.]
5.] || [Ecg., P. IV. 11.]
[Ecg., P. IV. 9; Th., P. XVIII. [lb., IV. 12.]
13.]
 438 PENITENTIAL CANONS. [A. D. 963.

[3*.T.]36. 45. xIf one steal another man's daughter, let him make
satisfaction to [her] y friends, and let them both fast on
Wednesday and Friday, for one year, and on other days
enjoy their meat without flesh, and let them be lawfully
married*.
* Literally, Tf one bereave another man of his daughter.
' Cum puellce amicis. Somner.

[35. T.]37. 46. If one defile himself with a beast, let him fast fifteen
years, eight in bread and water, and for [the other] seven
years [let him fast] three Lents, and on Wednesday and
Friday so long as he lives, and ever lament the crime f-
[36. T.]38. 47. If one wilfully defile himself, let him fast three Lents
for three years, every year in bread and water, and forbear
flesh every day but Sunday J.
[37. T.]39. 48. If one destroy another by witchcraft, let him fast
seven years, three in bread and water, and the [other] four
years, three days in a week in bread and water, and ever
lamentrit.
[38. T.]40. 49. If one drive a 'stake into a man, let him fast three
years in bread and water, but if the man be dead by means
of the staking, then let him fast seven years, as is here
written, and ever lament it %.
" For Sir H. Spelman's rtecan, and rac> Mr. Somner'puts in his margin
rtac, and rcacunge. It is none of his own conjecture ; for then he would
have explained his meaning. But it was a MS. reading, which he had
not with himself determined how to translate, and therefore says nothing.
I only guess from the similitude of the ancient and present name, that it
signifies a stake. It is certainly a magical phrase, for the foregoing and
following canons are against witchcraft. Witches are said to burn, or run
pins and nails into others by performing those actions upon the images
(made of wax or clay) of the persons whom they would hurt. By the same

[Ecg., P. IV. 13.] )>onne pepce lie vii. jeap, rpa hie ep
+ [Ecg., P. IV. 14; Th., P. XVI. appicen ir, T hpeoppge hip niij*ae*a
7. 34.] icrpe.
I [Ecg., P. IV. 15; Th.,P.XXVIII. 38. Si quis acus in homine aliquo
3.] defixerit, iii. annos jejunet, unutn in
[Ecg., P. IV. 16 ; Th., P. XXVII. pane et aqua, et ii. iii. diebus per heb-
9.] domadain in pane et aqua; et si homo
^1 [XXXVIII. X,vf hjia bpije jra- ex ilia confossione murtuus sit, tunc
can on man, reerce in. jeap, an on vii. annos jejunet, prout jam scriptum
hlaje ^ on pcerepe, -j ba n. in. ba$ar est, et debitorum suorum usque pceui-
on jmcan on hlare 1 on peerepe, -\ jut teat. T. So in Ecg., P. IV. 17. Wil-
re man rop J>a?pe rcadinge beab brS, kins gives the same text.]
 A. D. 963.] PENITENTIAL CANONS.

way, and according to the same way of speaking, they might drive stakes
into them.

50. If one by witchcraft cause love in another, and give it 4l.[39.T.]

him either at meat or drink, or by charm, aso that by this
means their love is increased ; if it be a layman, let him fast
half a year on Wednesday and Friday, and on other days
enjoy his meat, excepting flesh : if it be a clerk, let him fast
a [whole] year, as above in bread and water, the deacon three
year, as above : the mass-priest five year, two in bread and
water, and then for four years every Friday in bread and
water, and let him forbear flesh on other days.
* Mr. Somner here adds to the text, -J* hipa lupe jopbon >e mape beon
rcyle*.

51. If any one foully defile himself with any thing against 42.[4o. T.]
nature, contrary to God's creation, let him lament it so long
as he lives in proportion to the fact.
52. If one in his sleep overlay his child, so that it is dead, 43.[4l.T.]
let him fast three years, one in bread and water, and for the
[other] two years three days a week, and if it were through
drunkenness, let him make deeper satisfaction, as his shrift1
directs; and ever lament itf-
53. If a child being sick die a heathen, and bit were along 44.[42.T.]
of the priest J, let him forfeit his orders, and earnestly make
satisfaction; if it happened through neglect of friends, let
them fast three years, one in bread and water, the two [other]
years, three days a week .
b Sax. on Ppeorc selanj ry. Ex procrastination*, vd mora Sacerdotis.
Somner.

54. If one sell a Christian man into a heathen country, 45.[43. T.]
let him be uucapable of any thing that belongs to Christian
people, unless he redeem him whom he had sold abroad; if

[This addition is probably not P. XXVII. 10.]

taken from any MS. of the above + [Cf. Th., P. XXI. 36, '(hip jrpirt,
canon, but from the parallel passage confessarius ejus, T.]
in Ecg., P. IV. 18, which has the words, J [l hit on ppeopee Jelang ry, et
oft'Seon seniSer cynner sealbon-cpsep- culpa presbyteri acciderit, T. Cf. Ecg.,
Cum, p hypa lupu* popbon be mape Conf. 19. n. 1 j Thorpe, p. 351.]
beon pcj-le, vel per alicujus generis in- [l behpeoppian hit seppe, L. S.
cantationes, ut eorum amor inde an- W. T., et usque pceniteant, T.]
geatur. See Thorpe, p. 379. Cf. Th.,
 440 PENITENTIAL CANONS. [A. D. 963.

he cannot do that, let him distribute the whole price of the

man for God's sake, and buy another with other money, and
then set him at liberty, and add thereto three years' satisfac
tion, as the shrift directs*. And if he hath no money to buy
a man with, let him make the deeper satisfaction f.
[44.T.]46. 55. If a man have undone himself with manifold sins, and
afterwards be willing to desist from them, and earnestly to
make satisfaction, let him betake himself to a monastery,
and there diligently serve God and man for ever, as he shall
be directed, or let him travel abroad far from his own country
[in pilgrimage], and ever be making satisfaction so long as
he lives, and so recover his soul : or at least let him make
the deepest satisfaction in [his own] country, that he can
come to the knowledge of, according as he shall be in-
Sir h. formed.
Spelman,
vol. i.
[Wiikins, Of sattefactio?i for sin % .
vol. i.
p. 235. 56. The necessary assistance of a man of God is verv
Thorpe, .
p. 4io.j effectual for [the cure] of sin in penance : even as the re-
l- covery of a sick man is [what depends] on a good physician.
2. 57. Men are full often cabundantly guilty^f through the
impulse of the devil; but this is horrible, that ecclesiastic
men are so exceedingly guilty before God as to vitiate their
orders.
c Lyrclice, not Eyre ....

3. And there ought in this case dto be ' a rigid satisfaction

for sin, yet always 'according 2 to the quality of the person
and the guilt, agreeably to canonical discipline || ; and diligent
* [rpa fpa hir rcpirx nim cece, ]rop'o'5elan);ropryn5obermannernyb-
prout confessarius ejus ei prjescripse- help. On a wise confessor is greatly
rit, T.] dependent the needful help to a sinful
f [1> if vii. Jeap Tu"e> ^ hehpeop- man. T.]
jne asjrpe, L. S. W.T., id est vii. aunos ^] [11. (Eirlice men ajylcao", ojt l
plene et usque pceniteat, T. Cf. Ecg., unrelbon, men sin in various ways, oft
P. IV. 26, but the term of penance is and frequently, T. ]
taken from Th., P. XLII. 35.] || [III. Sub p.ip moe ro "bore
J [Be Drebbetan, Of Penitents, T. jrfSlic ba?b-boc, a beah 'be haber ^
From this point to the 73rd Pcniten- be sJ'lcejMnarSe, eeftep canoner bome.
tial Canon, below p. 44li, the numbers And there must be for ' bdt' strict
given in the margin as those of Sir H, penance ; though always according to
Spelman are the same as those in the the degree of order and of guilt, ac-
editions of Wiikins and Thorpe.] cording to the canon's doom. T.]
I [I. On pirum fcpijrre, bi5 rP'^e
A. D. 963.] PENITENTIAL CANONS. 441

enquiry ought to be made for it in proportion to the power

and quality of the man, and his voluntary contrition of heart.
Let some make a year's satisfaction, some several years' ; and
again according to the degree of the guilt, some a month's
satisfaction, others several months' ; some a week's satisfac
tion, others several weeks' ; some one day's satisfaction,
others several days' ; and some all the days of their life.
d I read to-beon, not bote.
* be, not he. Somner.

58. The physician that is well to cure a sore wound, must

use good salve : there are no wounds so bad as those of sin :
because, by means of them a man incurs eternal death, ex
cept by confession, and abstinence, and satisfaction he be
cured.
59. Then the physician that is to cure these wounds must
be 'wise and wary. They must principally be cured with
good doctrine ; and by that means bring it to pass, ' that the
poison that is within them be cleansed away*; that is, that
he first clear himself by confession.
' pip, not pip. Somner.

60. All men should wipe awayf their sins through good
doctrine with confession, even as a man does poison by a
good potion.
61. Nor can any physician work a good cure till the
venom is out, Bnor any man direct them to satisfaction who
refuse to confess ; nor can any man make satisfaction for sin
without confession : much more can he be well healed who
hath taken poison, except he cleanse it well outj.
' Here is an unnecessary repetition of some words in Sir H. Spelman's
text. Somner.

62. After confession a man may soon merit God's mercy,

by satisfaction; if he do with inward heart grieve for what

' [i> man appipe atroji ut, H San be unltbban jetmuncen htejrS, bu-
him on lnnan br5, that the man vomit ton he is arroji pprSe rpipe, any more
the venom out that is within him, T.] than he can well become whole who
t rarP,Pan> vomit up, T.] hath drunk poison, unless he vigor-
t [pe ma be re mg pel hal pup- ously eject the venom. T.]
 442 PENITENTIAL CANON8. [A.D. 963.

he is repenting of, viz., that he through impulse of the devil

ever committed evil*.
9- 63. 'Discreet satisfaction is of very great moment in
penance, as necessary medicine also is in a good physiciant;
and enquiry must be made for it in proportion to men's [evil]
works, according to canonical discipline: and it must be
tempered according to men's strength, and in proportion to
the contrition of heart, and the voluntary earnestness that is
perceived in them.
10. 64. Deep satisfaction is this, that a layman lay aside his
weapons, and travel far 'away J, and not be a second night in
the same place, and fast, and watch much, and pray earnestly
night and day, and wear woollen , and be unshorn, so as that
no iron come upon his hair or nails.
11. 65. That he come not into a warm bath, nor a soft bed,
nor taste any flesh, nor any thing that is intoxicating, that
he come not within a church (though he zealously enquire
after holy places) and declare his guilt, and earnestly beg
prayers for himself, and kiss no body, but be always vehe
mently bewailing his sins.
12. 66. Let him that thus condemns himself proceed in a
penitential manner. 'And happy is he, even if he awake no
one else [to do the same] in that he is making full satisfac
tion^ : forasmuch as there is no man in the world so involved
in sin, but that he may make satisfaction to God, so that he
undertake it in earnest.
13. 67. Satisfaction for sin is enjoined in several modes, and
much of it may be redeemed by alms-deeds y.
H. 68. Let him that hath riches rear churches to the praise
of God, and endow them according to his abilities, and

[8. After confession a man may [t pyllen pepige, and voluntarily

with penitence quickly merit God's suffer fatigue, T. In support of John-
mercy, if he groan with inward heart, son's translation, see below, can. 21. J
and that repent which he, through im- ' ^] [i geratlig brS he beah pj: he na
pulse of the devil, previously perpe- ne apaca'5 ^ he pilbece, and yet is he
trated in unrighteousness. T.J happy, if he never relax, till he mats
' f [IX. On pirum rcpijre br? eac full 'bot.' T.]
rprSerojvSselanSpirlicbssbbot, ealrpa || [XIII. Dabbosa pnb sebihte on
on Iiobum lasce beaprlic bpocej- boc, mirlice piran, -\ mice! man mstx e*e
On a wise confessor, is also greatly de- mib selmerran alyran.
pendent a rational repentance; just as 13. Penances are devised in various
on a good leech is the necessary re- ways, and a man may also redeem
nicely of a disease. T.] much with alms. T.J
' X [bep-roE, bare-foot, T.]
A. D. 963.] PENITENTIAL CANONS. 443

give them lands, and let h inferior [clergymen] be brought

thither*, there to officiate for him, and daily to minister to
God ; ' and let him repair God's churches every where, accord
ing to his abilities; and let him repair the public roadsf,
with bridges over deep waters and foul ways : and diligently
distribute what he has for God's sake, according to the ut
most of his power. ' Let him assiduously relieve the poor,
the widow, the step-child, the stranger. Let him free his
own slaves, and redeem slaves from other men in order to
free them : and especially let him take pity on such as are
plundered, and give meat and clothes, and house-room, firing,
bath, and bed to them who want it, and let him diligently
for his own benefit procure on all hands the assistance of
prayers in masses and psalmody; and chastise himself very
severely with abstinence from meat and drink, and every
bodily lust J.
h geonse-men, says Mr. Somner ; which he renders vicarios, substitutes.
I conceive he could not mean vicars, in the present sense of the word :
for there were not yet any impropriations. But the word signifies any
inferiors. See Sir H. Spelman's Gloss. Juniores.

69. And further, if he be of less substance, let him dili- 15.

gently do what he can according to his power. 'Let him pay
tithes of all that he hath in 'devotion to God; and travel as
often as he can, and frequent the churches with his alms,
and salute holy places with his k light , and give hospitality,
and meat and protection to them that want it; and afford

' * [T PF hine bap-eo on hajjige, their and his own henefit : let him
rylle bap lanb to, ~\ laste bp teon every where diligently obtain interces-
geonje men to, and if he have the sion by mass-songs and psalms ; and for
means, let him give land thereto j and his Lord's love (on hir Dpihtenep err)
let young men be drawn thither, T.] chasten himself very severely by ab.sti-
' + [l'obige eac Leber cypicangeh- nence in meat and drink, and from
pssp, be bam be hine co-onhagije, 7 every bodily lust. T.J
gobrje polcep paep, and let him be a be- ' [teo'Sij;e on Lober ere eal he
nefactor every where to God's Church ; age, T peje hine pylpne rpa hine ope-
according as he may have the means j ope ro-onhajije, i pece mib hip l-
and facilitate the people's journeyings, merpan cipican Jelome, T halije rcopa
T.] mib hip leohte jespete, let him tithe
% [and readily help poor men, for love of God, all that he owns, and
widows, and step-children, and foreign- ponder with himself as often as he has
ers ; free his own slaves, and redeem an opportunity ; and frequently visit
to freedom their slaves from other churches with his alms, and greet ho'y
men ; and especially poor plundered places with his light. T. In illustra-
men; and feed the needy, and clothe, tion of this last clause, see below, A.D.
house and fire, bathe and bed them, to 9!I, c. 24.]
 444 PENITENTIAL CANONS. [A. D. 963.

fire and food, and bed and bath, and clothing and succour to
poor men, if he can do it in any measure.
1 > it, not cjr. Somner. And the same correction is to be made in one
or two places more.
N.B. This was a voluntary tithing of all a man's estate, not a tithing of
the fruits of the earth yearly renewing.
k Lamp or candle.

16. 70. Let him visit the sorrowful and sick with relief, and
bury the dead in devotion to God, and kneel down often in
secret, and often vehemently extend his limbs on the ground,
aud fast, and watch and pray full oft and earnestly by day
and night.
And let him who hath yet less ability do according to his
condition what he can : at least let him afflict his body by
way of retaliation for lust. If he formerly obsequed the
devil through effeminacy*, now let him fast by way of reta
liation for what he hath unrighteously committed through
intemperance. Let him watch and labour by way of retalia
tion for his former frequent oversleeping and sloth, when he
1 [or, T.] ought not, and1 of his immoderate waking to vain purposes.
Let him endure the cold and the cold-bath by way of reta
liation for that self-indulgence which he hath at any time
committed. 'And if he hath 'wilfully' offended any man any
where by wrong-doing, let him diligently make satisfaction.
And if any man hath provoked him to be angry, let him with
all his might make satisfaction [for his anger], such as may
be sufficient by way of retaliation for every sin', which
through a diabolical ""principle4 was formerly rife within
himf- And if he hath carried any man beside himself out

* [gij he a?p pupil lrSepne lujr mainder of the canon is alike in all the
beople gecpembe, if he ere through editions. The following quotation from
wanton lust, gave pleasure to the devil. Thorpe's translation supplies the best
T.] correction of that of Johnson, but it
t [iS'fhe abilfrSe ahpam on un- should be noticed that Johnson's ex-
pihe ahpap Jepeolbe, gebece hie Je- pression ' by way of retaliation for,' is
opne, T gij him abulge aenrg man a good rendering of the Saxon word
rprtSe, popjpre i> on IVober ere, ~i aa ' onjean' in this canon.
pa.'r be he msege pence rpi'Se Jeopne " And if he in anger any where have
hpa?E to bote nifeie onean aelcne unjustly "done violence to any one, let
ryn-paer, be buph beorler raeb aep him diligently make amends ; and if
peapS apeaxen. T. The text of Lam- any man have greatly angered him, let
bard and Spelman, translated by John- him forgive it for love of God ; and
son, differs from this, and is probably ever, as much as he can, let him think
corrupt, but the Saxon text of the re- very earnestly what remedy there may
A. D. 963.] PENITENTIAL CANONS. 415

of the way, let him endeavour to bring him into it again ;

what "I mean is, if lie hath seduced any mau to sin, let him
reclaim him, as it greatly concerns him, and lead him into
his right way5.
jepealber-, not peolbe.
" yxb, not jiieb. Somner.
By this one would think these canons were drawn by some single pre
late, as Sir U. Spelman seems also to hint.

71. The man who is willing uniformly* to desist from his 17.
sins, and to make satisfaction for them, may with his shrift's
advice pass this sentence on himself. Let him distribute all
that he hath in devotion to God, and wholly relinquish all,
his home and country, and all that he loves of this world,
and serve his Lord, day and night, and belabourf himself as
much as possible he can by way of retaliation for his lust, all
the days of his life. What can he do more, but to reduce all
men to right, as well as himself, so far as in him lies?

Here let us declare how infirm men may redeem

their fasting.
72. One day's fasting may be redeemed with a penny, or is.
with two hundred1 psalms. A year's fasting may be redeemed ' [ccxx.
with thirty "shillings, or pwith freeing a slave that is worth -'
that money. A man for one day's fasting may sing ^Beati
six times, and six times Pater Noster. And for one day's
fasting let a man bow down to the ground with Pater Nosier
sixty times. And a man may redeem one day's fasting, if he
will prostrate himself on all his limbs to God in prayer J, and
with sincere grief and sound faith sing fifteen times 'Miserere
mei Deus, and fifteen times Pater Noster; ' aud then his pen
ance for the whole day is forgiven him.

be against every 'sinful impulse, into his right way: 'and let him di-
which, through the devil's 4seed, had ligently draw every man from sins;
formerly grown up; and if he have then shall his sins soon be the lighter."
brought any one out of the way besides T.]
himself, let him diligently bring him [annsebhce, resolutely, T.]
again into his right way : this is what f h-p^nce, mortify, 'J'.]
I mean; if he have allured any man % [ac hi)- Sebebum, at his prayers,
to sin, let him do what is his duty, let T.]
him bring him from it, and lead him ' [l bonne brtS him ealne bS Se"
 446 PENITENTIAL CANONS. [A. D. 963.

" It seems evident that the shilling here mentioned contained twelve-
pence, for the redemption of the fasting was at the rate of a penny a day,
and twelve times thirty is 360, the odd five days coming not into the ac
count.
v In King Ina's time a slave was worth sixty shillings, or fifty at least.
See his laws, 693, N. 3. and 8. ; now the common price was thirty shillings,
and therefore by freeing one of them, but one year's fasting was discharged
at a penny a day. By this one would, prima facie, apprehend, that the
devastations of the Danes had so lessened the coin of the nation, as to in
crease the value of it by one half. And see 950. No. 24. to the same pur
pose. Yet if the shilling did now contain twelve-pence, as I have observed
at note o, and if the penny were still the same, then thirty of Edgar's shil
lings were worth above seventy of Ina's.
i The CXIX. Psalm.
The LI. Psalm. The reader will observe that there is no mention of
Ave Maries, or prayers to any saints.
19, 73. A man may complete* seven years' fasting in twelve
months, if he sing every day a psalter of psalms, and another
in the night, and fifty in the evening, 'with one mass twelve
days' fasting may be redeemed ; and with ten masses four
months' fasting may be redeemedt, and with thirty masses
twelve months' fasting [may be redeemed] f if a man will in
tercede for himself, and confess his sins to the shrift, (with a
sincere love of God,) and make satisfaction as he directs, and
diligently cease from them for ever.
* One would think by this, that twelve-pence was now the stated price
of a mass. For a penny was a commutation for one day's, and one mass
for twelve days'. But if one of their pence was three of ours, then one of
their shillings was three of ours. I am assured that the price of a mass is
under twelve-pence of our present money. Upon the whole we may well
gay, nothing so uncertain as the value of old English money before the
Conquest.

Of very tvealthy men%.

I, 74. Thus may a very wealthy man , and one that abounds
in friends, make his satisfaction much more easy by the as-
[1. T.] sistance of his friends. First in God's name, and under the
testimony of his shrift, let him manifest his sound faith, and
realb hir rynna lihnngc, and then erful men, T.]
shall be all day granted to him an al- [mihtij; man, a powerful man, T.
leviation of his sins. T.] Mr. Thorpe makes the first sentence a
[j;cbetan, compensate, T.] distinct preamble, but otherwise his
f [man majj e!ihcan, a man may numbers agree with those of Spelman
lighten, T.] and Lambard here given in the niar-
X [ Be mijlitisum mannum, Of pow- gin.]
A D. 96J.] PENITENTIAL CANONS. 447

forgive all that have sinned against him, and perform his
confession without any halks, and promise to desist, and
make satisfaction with weeping and wailing.
' Compare this with can. 27. of Cloves-hoo 747. And see the degene
racy of discipline.

75. Then let him lay aside his weapons, and all his vain 2.
pomp, and take his staff in his hand, and let him seriously
walk barefoot, and put woollen "on his body, and not go into
bed, and do it seven years by tale. Let it thus be completed
in three days. First, let him take to his assistance twelve
men*, and let them fast three days in bread and raw herbs
and water; and let him by all possible means procure seven
times a hundred and twenty men to fast for him three
days, then are there as many fasts kept as there are days
in seven years.
* I take l'hainan here to be the addition of some Norman hand, and the
i* shews it to be sof.

76. When the man fasts, let him distribute all the enter- a.
tainment which he himself should have enjoyed to all God's
poor, and let him lay aside all worldly business for the three
days of fasting, and frequent the church night and day, as
oft as possible, and watch there with alms-light, and call on
God, and pray earnestly for forgiveness, with weeping and
wailing, 'and often kneel before the sign of the cross ; and
sometimes in an erect posture, sometimes prostrating himself
on the ground f. And let the great man diligently learn to
ehed tears from his eyes, and to weep for his sins ; and let
him feed as many poor as possible, for those three days, and
[IF. Slecje >onne hir prepna, ^ T.]
ibele paenca, -j nine rcxf him on + [Johnson here mistakes V of the
hanb, ~i a ba?proE seopne.T bo pyllen editions of Lambard and Spelman which
ro lice oft'Se hsepan, 7 ne cume on is not an abbreviation of the French
bebbe, ac hce on rlerxe, I bo t vn. definite article le, but of the Latin
geap-serselu beon binnon )>piin bajum word vel, and which under the form 1
Jnir Sejrabobe, jo on nub pulrume, is commonly used for the Saxon o'SSe,
mine him co a?jiejr xn. manna, Let or, written at length in Thorpe's edi-
him then lay aside his weapons, and tion. Dr. Hickes observes, \ vero vi-
vain ornaments, and take a staff in his detur truncatum a ul', quod in ve-
hand, and go barefoot zealously, and lustis MSS. scribitur pro vel. Hickes,
put on his body woollen or haircloth, Gr. Anglo-Saxon, p. 2.]
and not come into a bed, but lie on a 'J [-jcneopian selomeonpoberacne,
pallet, and so do, that in three days hpilum upp hpilum ny'Sep ahenije,
the series of vii. years be dispensed and kneel frequently on the sign of
with thus; let him proceed with aid; the cross; sometimes up,,,,,, sometimes
and first let him take to him xii. men, down, extend himself. T,
418 PENITENTIAL CANONS. [A. D. !)63.

on the fourth day let him bathe them all, 'and distribute pro
vision and money; and in his own person make satisfaction
for bis sins, by washing of their feet. And let masses be said
for him this day, as many as can possibly be procured : and
at the time of the x masses let absolution be given him, and
then let him go to housel, J' unless he be yet involved in so
much guilt, as that he ought not to receive it* ; at least let
him promise that he will always from that time forth do the
will of God, and desist from the contrary by the divine help
in the best manner that he ever can ; that he will retain
Christianity, and wholly abandon all heathenism ; and rectify
'mind and maunersf, word and work, with all diligence ; that
he will advance all that is right, and destroy all that is wrong,
through the help of God, as earnestly as he can. 'And he
who performs what he promises to God does it to the best
advantage in his own person J.
1 ec bape j-iremKjran, at the last of them. Somner. I can give no ac
count how it should come to pass, that the absolution here is directed to
be given after the penance was done : it is evident that in this age abso
lution was generally given so soon as the offender submitted, and promised
to do enjoined penance. I can give no account I say how it came to be
otherwise ordered here, unless it may be supposed that Dunstan trans
lated these canons from some old French copy written before this new
practice of giving absolution before the penance was performed, did yet
prevail. It is evident from the canon of Cloves-hoo, that this sham-pen
ance was an invention of two hundred years standing before Edgar's reign :
and it was probably of French original ; from thence Dunstan brought
over this fantastic mode, and blindly followed his author, without making
such proper variations as change of times and things required.
' Strange, that any doubt should be made whether he who had done
seven years' penance, and received absolution, were fit for the communion.
It is evident that the author of this mock-penance did not put trust in
his own invention. See the next canon.

' * [T reopmij;e. T J"eoh bcele, ~i r jlr and at the last, let absolution be given
re biebbeea beo ymbe heipa jrue-bpeal, him; and then let him go to housel,
~i nuirrise man by b;rje pip lime rpa unless he be so highly criminal that he
yela niierran rpa man a-vpe maerr be- yet cannot. T. ' itc pape, omitted in
Kican niaRe, ^ at bape riSmarr. m, Y. * rrS msej-ran, D. ryo'S.in, Y.J
bo man him abj-jlunonem, I ja he f [jje banc Jebeapar, both thoughts
bonne ro hurle, bncon be ro bam and habits, T. ]
rjnSe jropsylc ri, 1> he bonne Rir ne J [ito micelpe beapre yebet! he
more, and shelter them, and distribute hie him-rylrum, rebe jelart T" be
money; and let the penitent himself ti b beliec, and to his own great bene-
employ himself in washing their feet, fit he does it, who performs that which
and let as many masses be said for him he promised to God. T.]
on that day as can possibly be obtained,
A.D. 963.] PENITENTIAL CANONS. 449

77. This is that softening of penance which belongs to 4.

wealthy men, and such as abound in friends ; but one in a
lower condition cannot make such dispatch*; but therefore
he must pursue it in his own person with the greater ear
nestness. And it is most righteous, that every one revenge
his own crimes on himself by diligent satisfaction; for it is
written, 'Every one shall bear his own burden.' [Gal.vi.s.]
The story of King Edgar's deflowering a nun of Wilton [Post-
is well known ; by this he incurred seven years' penance, as s
in case of murder, by the 41st of the foregoing canons : and
our historians say, that King Edgar did accordingly submit to
the seven years' penance, which was enjoined him by Dunstan.
And if Dunstan accepted of such a mock-penance as is de
scribed in can. 75, 76, it was no hard matter for the king to
perform it. His not wearing his crown during those seven
years was a more bold and unreasonable injunction on
Dunstan's part, and a much greater mortification to the king
himself. An earl of King Edgar's also fell under Dunstan's
censure for an incestuous marriage. Neither the king nor
the pope could prevail on Dunstan to give him absolution,
till the earl, in the habit of a penitent, came into a synod
called by Dunstan, and threw himself down at the other's
feet, and craved, and received absolution : but notwithstand
ing this, he was, according to the method of that age, to do
his penance : and the method above described was an easy
and compendious way of doing it. It must be owned that
this was an abominable corruption of discipline ; yet not so
great a corruption, in my opinion, as the want of all disci
pline against mighty offenders.
[IV. Dir ir nuhnger manner 1 of a man powerful, and rich in friends;
jpeonb-j-pebiger bsebboc-hhtinsc, ac but one not possessing means may not
an unmaga ne majj rpilc geroriflian, so proceed. T.]
This is the alleviation of the penance

rf
 A.D. DCCCCXCIV.

THEODULF'S CAPITULA.

THE CAPITULA OF AN UNKNOWN BISHOP, AS SIR H. SPELMAN

CALLS THEM, FOLLOWING THOSE OF ELFRIC IN THE BEN-
NET MS.

Preface.

If the following capitula were to bear the date of their first

author, I must have placed them near two hundred years
backward; for they were composed in Latin by Theodulf,
who was preferred to the see of Orleans in France, toward the
latter end of the eighth century. Baronius puts them in the
year 835,which is too late by far; you have them also in the
seventh tome of the councils*. But I insert them here not
as a Latin or French composition, but as the English trans
lation of an old Saxon translation, made undoubtedly by the
same Elfric, whose charge or canons I have given to my
reader at the year 957. These I presume were translated by
Elfric for his own use, when he was advanced to the see of
Wilton, in the year 994, or at farthest the next year, when
he became archbishop of Canterbury. They are found in the
same volume with his sermons, which he confesses to be
translations from the Latin.

[Baronii Annales, A.D. 835, torn. 995, Capitulare Theodulfi, Ep. Aure-
xiv. p. 206 : Concil. Labbei, torn. vii. lianensis, c. A.D. 797, ex editione Six-
p. 1137: Concil. Mansi, torn. xiii. p. mondi, coll. cum Cod. Vatic. 3827.]
 PREFACE. 451

N.B. The reader will not wonder that he finds these capi-
tula among the national and provincial laws and provisions,
when he considers that though it was first composed for the
diocese of Orleans, yet it was so regarded by those of other
sees and churches, as that part of it is still extant in the
papal decrees ; and there is reason to believe that it became
a common form to be used by bishops in the synods, or
chapters of their clergy, both in France and Eugland, to say
nothing of other nations.

Ff 2
 A. D. DCCCCXCIV.

Saxon. I conjure you, most beloved brethren, 'that with a wakeful

Spehnan diligence ye study the practice of good works, and the satis-
T!- ' factions for sins of the people that are subject to youf ; how
Wiikitis, ye may always most plainly teach them the way to eternal
V265 salvation, both by your doctrine and by the example of the
Thorpe, right life : that both you by their improvement, and we by
V Latin. your diligeuce 'producing the fruit of virtue acceptable to
Mansi, God, "may bring forth the profit of that commission which is
torn. xiii. .
p. 995.] frm us t-
* Sax. bpinjan of ur bajpe beperfcan nyrre. So I distinguish the words
and render beperta commission : but this is a conjectural version ; I dare
affirm it to be as just a version of Elfric, as Elfric's was of Theodulf, but
these words seem to have nothing that answers to them in the original.
And I earnestly charge you brethren bthat ye often read
over these few directions which we for our common benefit
have gathered out of holy books, and that you carefully pre
serve them in your memories; and adorn and amend your
lives by daily reading holy books, and by the practising of
good works ; and labour with the help of God for the hea
venly kingdom, together with the people subject to you.
k ge, not ce. Somner.

1. 'Ye ought to know and always to bear in mind that the

[In 'Ancient Laws,' &c, these works, and on the 'bot' for the inis-
canons are called ' Ecclesiastical In- deeds of the people subjected to you,
stitutes,' and are printed, together with T., ut erga subditarum plebium pro-
an introductory homily, besides the fectum, et emendationem vigilantis-
prefaee here given, from MS. D, that sima cura laboretis, Theodulf.]
is, CCCC. 201 (S. 18.), the same MS. 'J [msesen liobe IicpypSe pseprm-
which was used by Spelman and after- baspe * bjungan of ur baspe bepcrrjm
wards by Wilkins.] nyrce, may bring to God grateful fruit
' t [i5 Se m,b fieccenbpe ymen from the charge committed to us.
gehycgen ymbe ba rpemunje Jobpa a ' The substantive is wanting." T.
peopca, } ymbe pa bore ba (1. pana) Domino nostro Jesu Christo auxili-
mir-beeba eop beef unbeppeobban joU ante, fructuosos Illi manipulos repor-
ccr, that ye with watchful heedfulness tcinus. Thevdulf.]
meditate on the advancement of good
A. D. 99*.] THEODULF's CAPITULA. 453

care of God's people is without doubt intrusted cwith ' us and

the government of their souls ; that we shall justly be pun
ished at dooms-day for all those that perish through our neg
lect* ; and that we are to receive the reward of eternal life
for them that we have gained to God with our example and
doctrine. To us it is said by our Lord, " ye are the salt of the [Mat. v.
earth." If then Christian people are God's meat, and we the
salt ; then shall the people by the divine assistance by our
means be with pleasure enjoyed by Godf. And ye ought to
know, that your order is the second after ours and the next
to us. As the bishops are in the stead of the Apostles in the
assembly of the saints ; so are the mass-priests in the stead
of Christ's disciples. The bishops have the order of Aaron,
the mass-priests the order of his sons; 'for it behoves you
always to be mindful how dhigh the dignity 2 of the order [is,]
and the consecration, and the anointing of your hand, which
ye received from the bishop when ye took orders J ; that ye
may never forfeit so high a favour, and never defile, by sin
ning, the hands that have been anointed with so holy an unc
tion ; but that ye keep your heart and body in purity, give
all people an example to live well, and teach those over whom
ye are, the right way to the kingdom of heaven.
* pib, not pe)>e.
d I read heahlic, or heahepe gebmebneppe. Here Somner has in the mar
gin hares.
2. It behoveth you 'to read the holy ebook, and to pray

' * [Butan epeon ge pceolon pican eoppe hanba on pengon sec bipcopa
1 pymble gemunan, \> 'pebe up be- hanbum ba ge hab unbeppengou, "it
psepc ip peo gyming tobep polcep "j pe is therefore fitting that ye be ever
peccenbom heopa papla, i> pop eallum mindful of the high dignity of your
baem be pop upe gymeleapte poppeop- order, and also of the hallowing, and
Safi pe pceolon pihc agylban on boniep of the anointing, which ye received on
btege, without doubt ye ought to your hands at the hands of the bishop,
know, and ever to bear in mind, that when ye were ordained." This is
we, to whom is committed the care of Thorpe's translation, except that the
God's people, and the direction of their word 'hands' is in both places altered
souls, for all those who perish, shall from the singular to the plural, as be
have to account on dooms-day. T.] low and in the Latin, Unde oportet
f [bonne, Lobe pulcumienbum.buph vos semper memores esse tantae digni-
up pceal i> pole beon Dobe to pillan tatis, memores vestrte consecrationis,
gehealben, then God aiding, through memores sacne quam in manibus sus-
us shall that people be held to God's cepistis unctionis, Theodulf. Compare
will. T] Rask, Gr. 83, 142, 409 j Durand. Rat.,
' t [rJ'bon hie gebapena'5 -pge pen lib. i. c. 8. n. 14.]
pymble gemjnbige ppa'healicpe ge- ' [1> ge ppi'Se pingalhce hahge
binbeneppe eoppep habep, -\ eac bsepe bee pseban, that ye very constantly
halgunge ^ bsepe pmypinge, be ge on read holy books, T.]
 454 THEODTJLf's CAPITULA. [A. D. 99+.

often, for the life of a righteous man is inclined and strongly

bent to God-ward by reading of holy books ; and it is beau-
[Ps. exW. tified by prayer. Accordingly David says, " Thy words have
I hid within my heart, that I might not sin against Thee."
These are clearly the weapons with which the devil is over
come ; these are the instruments by which we may gain the
kingdom of heaven ; by these weapons every vice is quelled,
and with this food every virtue is cherished and improved.
* bee or boo, not bet.

3. At that time on which you lay aside the reading of

holy books and prayers, ye ought to take up some f profitable
worldly work, for idleness is the 'very fiend *of the soul ; and
the devil soon brings them into some vice, whom he finds
unemployed in every good work. By the 'habitual reading
of good books you may learn how yourself may come to the
kingdom of heaven, and also how to teach it to others. By
prayers ye may be very helpful both to yourself and others,
with whom you are united by a sincere love, as well living as
dyingf. By handy work ye may subdue your bodies, so that
they be more slothful in vice j and ' by good works J ye may
provide wherewithal to help the poor and indigent, and such
men as have not ability to work.
' Nythc, not Nytlit.
' Jejmnan, not bunan. Somner.

4. When the bishop requires a h gemot, take with you such

a 'vestment for the mass, such a book, such housel vessels,
and such conveniences as may serve for the ministrations
committed to you, and two or three priests, or as many lay
men to kmake the responses; that they, with you, may wor
thily solemnize the holy service ; that so it may appear how
earnestly and diligently you perform your ministrations to
God.
' [reonb, foe, T.] yitiis alimenU negabitis, et vestris De-
f [jrop'Srapenum, departed, T.] cessitaiibus subvenietis, et habebitu
' t [bi'P'1 f peopc, by that work, T. quod necessitatem patientibua porri-
The two last sentences of the chap- gatis. Theodul/.]
ter stand thus in the Latin : [Bam tybum be Se bipceopa ge-
Per usum orationis, et vobis, et hi mot j-ecen, habba'8 eop mib rrylc
quibus in caritate conjuncti estis pro- mierre-peaj:, 1 rpylce bee, i rr>"lc*
desse valebitis. Per manuum opera- hurel- fata, -\ (del? T.) rpylce e ni*
tionem et corporis tnacerationem, et niruum eop ba bepertan benunga be-
A.D. 99t] theodulf's capitula. 455
h Synodus is not only a translation, but explanation of gemote. By
this canon it should appear, that priests in synod were obliged to give a
specimen of their abilities in performing divine offices before the bishop,
which was a very commendable practice ; or perhaps he means a con-
celebration of masses, that is, the priests joining with the bishop in pro
nouncing the words of the whole service.
1 This practice long continued in some places at least. In the year
1521, John Rumpain, rector of Willingham, was absolved from an excom
munication incurred for appearing at a synod without his surplice, con
trary to the decree of the commissary of Ely. See Sir H. Spelman, vol.
ii. p. 731 .
k co Renins cpybpa. So I read by conjecture.

5. And we charge you that the 'oblation which ye offer to

God in that holy mystery, be either baked by yourself, or by
your servants, in your presence ; and that ye know that it be
done in purity and chastity f ; and that both the oblation, and
the wine and the water, that belongs to the offering in the
mass-song, be provided, and regarded with all purity and
diligence, and with the fear of God; 'and that nothing be
done unchastely or impurely J, for there can be no mass-song
without these three things, viz., the oblation, the wine and
the water ; as the holy writ says, " Let the fear of God be [2 Chron.
. . xix 7 1
with you; and do all that is here with great carefulness."

man magon, -j n. ppeopear oifSe m. them to the synod, for inspection, their
oppe rpa re'a l^pebpa co j>aem Secy- mass-vestments, books, and holy ves-
bpa, }> hie 1> halije jepyne appupftlice sels, together with two or three of their
mib eop bpeman ma-jen. 1> man on clergy or lay communicants, to prove
eop gereon meege hu 5e0rnb.ce -j hu that they were in the habit of celebrat-
hihthce je tobe on eoppum benun- ing the holy mystery with due honour
Sum beopien. T. in their own churches. Compare Ca-
At those times when ye attend the nons of .'Elfric, above, A.D. 'Jj7, e. 22.
gemot of bishops, have with you such and 960, c. 3.
mass-vestments, and such books, and Quando more solito ad synodum
such housel vessels, such as ye may convenitis, vestimenta, et libros, et
therewith decently administer the ser- vasa sancta, cum quibus vestrum mi-
vices committed to you ; and ii. priests nisterium et injunctum officium per-
or iii., or as many laymen called that agitis, vobiscum deferte. Nee non duos
they may reverendly celebrate the holy aut tres clericos, cum quibus missa-
mystery with you ; that it may be seen rum solemnia celebratis, vobiscum ad-
in you, how zealously and how cheer- ducite ; ut probetur, quam diligenter,
fully ye serve God in your ministries. quam studiose Dei servitium peraga-
T. tis. Theodul/.]
If this be the meaning of the canon, [Wilkins, vol. iii. p. 693.]
the Anglo-Saxon translator has either f [clsenhce "j rypeplice, cleanly and
through mistake or design given quite neatly, T., nitide ac studiose, Theo-
a different rule from that of Theodulf j du\fS\
but it seems possible that the Saxon ' % [}> baep nan bins unj-ypepnej- on
text as given by Thorpe means no ne py ne unclsenner, so that there be
more than the Latin given below, to no uncleanness or impurity in it. T.J
wit, that priests were to bring with
 456 theodulf's capitula. [A.D.9M.

""The wine betokens the Lord's sufferings, which He en

dured for us; the water the people for which Christ shed
His blood*.
1 The bread in the Eucharist is often called the oblation, by the best
Christian writers.
" This following clause is not in Theodulf : and it is very probable it
was added by Elfric, who seems to hare guarded the clergy and people
against all notions bordering upon transubstantiation, with all possible
diligence.

6. We charge that at the time when the priest sings mass,

no woman be nigh the altar, but that they stand on their
own place, and that the mass-priest there receive of them
what they are willing to offer; a woman should be mindful
of her own infirmity and the weakness of her sex; and
should therefore dread to touch any of those holy things
that belong to the ecclesiastical ministry. And laymen
should also dread this, lest they deserve such a punishment
as Uzza did, when he would bear up the ark of the Lord,
for then he was soon struck dead by God.
7. Mass-priests ought by no means to sing mass alone by
themselves without other men, that he may know whom he
greets, and who answers him. He ought to greet the by
standers, and they ought to make the responses. He ought
to remember the Lord's declaration in His Gospel, He saith,
[Mat-xviii. "wheresoever two or three are gathered together f," &c.
J 8. "We often see corn, hay, or any such like worldly thing
kept in the churches. Now we will not that any thing be
kept there, but what belongs to the ornament of the churches,
that is, the holy books, the housel vessels, the mass vest
ments, and the furniture of the churches as to all parti
culars 'whether in vails or implements J; lest if we [do]

[Nearly the same explanation is Ion. A.D. 1612. See above, p. 405-6,
given by St. Cyprian and Beda: jElfric's Canons, A.D. 957, c. 37;
Videmus in aqua populum intelligi, Thorpe, c. 36, p. 450 : also above, p-
in vino vero ostendi sanguinemChristi. 420, Canons in K. Edgar's reign,
Quando autem in calice vino aqua mis- A.D. 960, c. 39 ; Thorpe, p. 398.]
cetur, Christo populus adunatur, et f [' There where two or three nwfl
credentium plebs ei in quern credidit shall be gathered in My name, there
copulatur et conjungitur. Ep. LXIII. will I be in the midst of them.' T]
ad Ccecil. frat S. Cypriani, Op., p. ' J [ge on lijiasgelum ge on parun),
153. Oxon. A.D. 1682; Beda in Lu- both robes and vessels, T.]
cam, c. xxii., Op., torn. v. p. 424, Co-
A.D. 994.] theodulf's capitula. 457
otherwise it be said to us as it was to the Jews, "My house [Mat. xxL
shall be called*," &c. 13']
" Observe that there is no mention of images in the instruments and
the furniture of the church, well nigh, or altogether 200 years after they
had been used in the Church of Rome, as well as elsewhere : not but that
they were now had, and honoured too much in England ; but because
Theodulfs original made no mention of them : and Elfric had not so great
a zeal for this practice, as to make any additions of his own upon this
head.

9. It has been an old custom in this land, to bury dead

men within the churches, and places hallowed and blessed
to the service of God, to make oblations to Him, have been
made burial grounds. Now for the future, we will that
none be buried in churches but he that is in pholy orders t;
or further a layman so righteous (as is known by his careful
living) as to have deserved such a place of rest for his body.
Nor yet is it our will that corpses buried in churches be
thrown out; 'but the risings of the graves there. That men
[choose] lone of these [two], either to bury them deep rin
the ground, or at least to "make a way over them, and to
make the floor of the churches even and convenient, that no
risings of graves be seen or be there. If in any place there
are so many risings of graves, 'that this is difficult to be
done, then let it remain for a burying ground J, and let the
altar be taken away and set it in a clean place, and let a
church be there raised, where men may offer to God in a
worthy and pure manner.
0 dele Ian. Somner, presently after read pajion, not bsep. Somner.

[My house ia called a house of paved over', and the church floor evenly
prayer, now ye have made it a den of and decently wrought, so that no
thieves, T. ] tomb' be there seen : (or) if in any place
f [bucan hit hpyle racepbhaber there be so many tombs', that that be
mon fy. unless it be some man of the difficult to do, then let the place be left
priesthood, T.] as a cemetery. Mr. Thorpe suggests
' X [ac ha bypjena be hren geryne oyepppeje, which seems an unneces-
ryn, j> mon oftep bapa, opbe hij jreop sary alteration, and in place of the
on eop'San bebelpe, o'SSe oreppeje, ~\ words in italics translates ' graves,' ' or
haepe cypcean plop emhceT Jepyren- covered over,' 'grave,' 'but,' 'graves.'
lice jepypce, j b;ep nan bypjen Je- Sed tumuli qui apparent profundius
pyne ne ry, jpp bonne on hpylcepe in terrain mittantur, et pavimento de-
rrope rpa pela J>apa bypgena ry,1> hit super facto, nullo tumulorum vestigio
Co eap-Spotilic ry co bonne, bonne bete apparente, ecclesise reverentia conser-
man ba rcope Co hc-cune, T., but the vetur. Ubi vero tanta est multitudo ca-
tombs1 which are there seen, that either daveruin, ut hoc facere difficile sit, locus
they be dug further in the earth, and ille pro ccemeterio habeatur, Theodulf.]
458 THKODULF's CAP1TULA. [A.D. 99*.

r Sax. j-acepb seems not to signify a priest only but any ordained person
as distinguished from the laity.
* Here I follow Somner ; obep bana, one of the twain.
' I conceive that it appears from hence that corpses buried in churches
were not laid several feet under ground as now, but that the body was laid
on the floor, or perhaps on stones raised upon the floor and covered over
with other stones : and of this practice many instances are yet to be seen
in ancient churches, especially cathedrals, beop, not Heap.
' orep-ppeje. Somner. I do not understand this.
' Churches must have been very indifferent structures, when it was in
some cases more difficult to make even the floors, than to erect a new fa
bric ; eapjrobhc not eapby. And I think it is agreed that few or do
churches in this age were built of stone*, but generally of timber.

10. Nor is it fit that men should go to church for any

other purpose but for prayer and the love of God; ' therefore
we forbid both quarrelling and playing, and all unbecoming
words. And [we forbid] every thing that even is "becoming
to be done in the holy place excepting two [viz.] there is
God's name often to be called upon, and the holy mystery
to be offered in the mass-song. There is no doubt but the
presence of God's angels is there, [and] He Himself full nearf.
And therefore it is very dangerous to do or say any thing in
the holy places which befits them not. Since our Lord threw
those men out of His temple that bought or sold there what
they offered to God; how much more thinkest thou will He
cast those thence with indignation who pollute and defile
the places hallowed to the service of God with lying and
undecent speeches, and immoderate laughter, and with any
misdemeanours.
" unnyt. Somner, but by mistake.

11. Moreover it is not lawful to sing mass in any place

but churches, not in houses, nor in any place xbut what God
[Cf. Bed. Hist. Eccl., lib. iii. c. 4. holy places. Without doubt, their
Vit S. Ben. c. 5.] where the name of God is frequently
' t [rl' l^n be pe popbeobaS eejfSep invoked, and the holy mystery offered
ge jerlycu, je plegan, Je unnytca in the mass service, there is no doubt,
popb, je gelipylce unnytrepyrre, in that [the presence of God's angels is
bam hal^au rtopum to bonne. Buton there very near. T.
cpeon beep basp Iiober nama gelome Disceptationes vero, et tumultus, et
geeyseb bi^ T ba halite Jehpyne on vaniloquia, elcseterse actiones ab eodcrn
mserreranje Reoprpob, naer nasnrj sancto loco penitus prohibenda? sunt
tpeo^ btepbiS toberenglaanbpeapb- Ubi enim Dei nomen iuvocatur, Deo
ner JTyfte genehhe, therefore we forbid sacrificium offertur, Angelorum fre-
brawls, and play, and useless words, quentia inesse non dubitatur, Tbco-
aud every idleness to be done in the dulf.]
 A. D. 994.] theodci.f's capitula. 459

hath chosen (as it is written, " offer not thy sacrifice in every [Deut. xii.
place that thou seest, but there, in that place that God 13'^
chooseth for that purpose to place His name there,") "except
it be in the army ; then let a tent * be had to this only [use,]
and a hallowed altar, and on that let the ministration of the
mass-song be accomplished.
* bsep baep, not baer t>p. Somner.
' The following clause is not in Theodulf.

12. Nor is it lawful for any woman to dwell in the house

with a mass-priest, though the canons have allowed it to a
mother or sister, 'and persons whom one 'dares not suspect
of any thing that is infamousf; yet we forbid it to all
women; because if their kinswomen are there, they have
other comers and goers who it may be feared will tempt
the mass-priests to sin.
1 boprc, not boprt

13. And it very greatly concerns every mass-priest to

guard himself against drunkenness ; and that he teach this
to the people subject to him. Mass-priests ought not to eat
and drink at ale-houses ; 'nor ought they to visit the habita
tions or houses of strangers, out of an "affectation of shewing
their grandeur J : nor to feast with women or persons of im
pure lives. But if any worthy father of a family invite him
to his house, who is willing, with his wife and children, to
rejoice in a ghostly manner, and to accept from him spiritual
entertainment, and give him bodily repast out of true love;
then it is proper that you visit him with a comity of mind,
and treat him with spiritual instruction, who entertains you
with the good things of this world.
* paarepnerr.

14. Let no mass-priest wheedle to his own church a man

that belongs to the district of another church, nor instruct
him to come to his church out of the bshire which belongs

[Cf. Durand. Rat, lib. ii. c. 10. ' J [ne hys ne reeolon ypembpa
n.8.] manna Eunar, ne hur, ne pop nanpe
'4 [l bsem habum be mon naner pasrep-eornyrrerecan, nor should tney
unhl)rran tec penan ne boprce, and visit strange men's ' tuns' nor houses,
those persons from whom no evil report from any eagerness for sights. T.
need be expected. T. See above, A.D. Neque domos aut vicos curiositate
740, c. 31.] qualibet peragrctis, Theodulf. ]
460 theodulf's CAPITULA. [A.D. 994.

to another priest, and to pay him the tithes and rights

which belong to the other. 'But let every one rejoice over
him that comes to his church, and thank God for it ; because
it is written that no man should do that to another which he
would not have done to himself, &c. Observe who opposes
this and contemns our instruction. Further let him incur
one of these [two punishments;] he shall either forfeit
his order, or else make rigid satisfaction according to the
doom-book*.
b By this it is evident that bounds of parishes were not yet settled by
law, or established by custom, and as the diocese was called the bishop's
shire, so the houses and vills next adjacent to a little church were called
the priest's shire, just before this shire is called hypnyppe.

15. And we do by all means forbid any mass-priest to take

away a priest who belongs to another mass-priest; and to
entice him, or to accept him though he desire it ; for this is
strictly forbid by the canons.
16. If any mass-priest be discovered to give or have given
any bribe either to a priest or layman, ou account of his
desiring indirectly to obtain another priest's church, let him
be punished for this rapine and violent covetousness by one
of these [two] , either he shall forfeit his orders or make satis
faction for it in prison, with the longest and c strongest pen
ance according to the doom-book, and by the command and
privity of the bishop.
c ptpengpe, not rep.

17. If any one dbring a sick child to a mass-priest let him

baptize it out of hand, to what mass-priest's e district soever

' [Sc Jehpylc py blytie bp be him it is written, that no man shall ' do to
sot hip cypcan cume, "j bp liobe another what he will not that it be done
J'.incie, pop bou hit lp appiten, "b nan to him :' and it is said in the holy Gos-
man ne rcyle oSpnm bon 1S he nelle pel, ' Behold, what ye will that other
') him man bo, -\ hit cprS eac on )>icm men do to you, do ye the same to
haljan Iiobppelle, loca, hpaet ge pillen them.' Then behold, whoever strives
P eop oftpe men bon, bo Je hiora against this, and despises our doctrine,
vice. Sonne loca, hpa onjean pip be it known to him, that he shall either
pynne, l upe lape pophicjen, bonne forfeit his order, or very rigidly make
pite lie, 1> o$ep j>apa, o'S'Se he pceal ' hot,' according to the judgment of the
bp habep bohan, o$8e hit pprSe rtio1- hooks. T.
lice gebetan septep boca borne. Sed unusquisque sua ecclesia et
But let every one be content with populo contentus, quod sibi non vult
that which comes to him from his fieri, alteri nequaquam faciat juxu
church, and thank God for it, because illud. TheodulJ. j
A. D. 994.] theodulf's capitula. 461

it belongs ; 'and let him not neglect it for any 'dispute, from
whencesoever it be; if he neglect it on any account*, let him
know, that he shall be answerable to God at dooms-day for
the soul of the child.
d In this age the priest was not called to the sick child, but the sick
child carried to the priest.
" Parish is a word never used for the priest's shire ; nor does it appear
that they had any such word.
' unaemtan, not uiucmt.

18. Let there be no man of the gsacred, especially of the

lay-orderf, that dare presume to use either the cup or the
dish or any of the vessels, which are hallowed to divine ser
vice, for any worldly purpose. Plainly he who drinketh any
thing out of the hallowed cup, but Christ's blood, "which is
consecrated in the mass-song ; or that puts the dish to any
other service but that of the altar, ''he ought to consider
that that concerns him, as it did BalthasarJ (when he had
seized the vessels hallowed to the Lord for his own use) viz.,
he lost at once his life and his kingdom.
' pacenb habep.
* J>e on, not boil.
1 he mag )>encan, not benan. Mr. Somner seems to prefer penan.

19. If any mass-priest will put any of his nephews, or

kinsmen, to be taught at any of the churches k committed to
our custody, 'we very readily grant it.
k Theodulfs Latin is, in ecclesia sanctce cruris, aut in monasteriis sancti
Aniani, aut sancti Bentdicti, aut sancti Lifredi, aut in cesttris de his cce-
nobiis, &c.
1 pe, not fle.

20. Mass-priests ought always to have a school of learners

in their houses, and if any good man will commit his little

' * [l JP nasnijum untemtan ne laspebep haber J* ma, Be there no

pnplaere he (j> lie add ?) hit ne j-ulhe, man of the priesthood nor of lay con-
ry bonon be hit ry, Sip he bonne pop dition, T.
aemgum pinge poplatt, 7 hit buton Nullus presbyter seuclericus. Theo-
pulluLte sepit, bonne, and for no busi- dulf.~\
ness let him neglect to baptize it, be it 'J [he mass "penan } him sebipige
from whence it may. Tf he on any ac- ppa Balbazape bybe, may expect that
count neglect it, and it die without to him will happen aa it did to Bel-
baptism, thenT.] ahazzar. T.]
t [l,e ry nan pacepb-habep man ne
 462 THEODULf's CAPI'lULA. [A. D. 994.

ones to them to be taught, they ought gladly to accept them,

'and to teach them at free-cost*. Ye should consider that it
[Dan. xii. is written, " they that are learned shine as the brightness of
J heaven; and they who persuade and instruct men to right
as the stars for ever and ever ;" yet they ought not to demand
any thing of their relations for their learning, but what they
of their own accord are willing to give.
21. Plainly, though all holy Scripture be filled with ex
amples and instructions to good works, and men in the
field of these writings may easily meet with weapons for the
overcoming of vice, and the "promoting of good works ; 'yet
it was "needful for usf in this our writing to insert a citation
from a holy father for the promoting and teaching of good
works. In this citation what we ought to do is said in a few
words. In the preface a man is commanded to love his Lord
God with all his heart, with all his soul, with all his strength,
and his neighbour as himself. After this, that he commit no
murder, nor unlawful copulation, that he do not steal, nor un
lawfully covet another man's things, and be not concerned in
false witness. Also it is commanded that he honour every
man, and do that to none which he would not have done to
himself, and renounce his fleshly lusts, and follow Christ's
commands, and keep his body pure, and do not affect worldly
pomps; that he love fasting, "feed the hungry, clothe the
naked, visit the sick, bury the dead, help them that are in
straits, comfort the sorrowful ;" and always arm and defend
himself, so far as he may, against worldly words and worldly
deeds ; and admit nothing within in that manner that he
does the love of Christ ; and that he do nothing in his anger
'that he may have an occasion to reflect upon afterwards J,
have no deceit in his heart, and give the kiss of peace to none
unless he have full peace with him in his heart, and retain
anger against no man beyond the going down of the sun ;
but forgive all those that0 are angry at him in his mind, ere
the sun goes down , and desist not at all from the love of the

[t him ejrlice crecan, and kindly '% [be him > orbyncean bypye,
teach them, T. ; seil cam simnna cari- of which he may afterwards repent,
tate eos doceant. Theodulf.} T.]
't [beah ur gepeap'S, nevertheless it [c relcum papa be j>yV hyne
has seemed good to us, T. libuit nobis, abelge rep runnan j-erl-Sanje, he liyr
Theoduff.] on liif mobe jropsije, but every one of
A. D. 994.] THEODULF'S CAPITULA. 463

true God and of man ; and swear not at all, lest he should
forswear; and always bring forth the truth from his heart
and from his mouth, and repay to none evil for evil, give no
provocation, bear that with patience that is given to him, and
love his enemy out of love to God : if any one curses him, he
curses not again, but rather blesses ; if any have an aver
sion to him, or persecute him for righteousness' sake, he bears
it with pleasure. Let him not be of a gluttonous temper,
nor given to immoderate drinking, sleeping or eating, not
too slow, not a murmurer, or too severe in his censures*.
Let him place all his hope in God, and when he does what
is good let him attribute that to Godf. For what he does
or ever did that is evil, let him know that it comes from him
self. Let him always bear dooms-day in his mind, and dread
hell punishments; and with all spiritual eagerness let him
covet everlasting life; and let him daily consider the last
day he is to live, and at all times exercise himself in doing
good, and consider that he is without doubt under the eyes
of God ; and if any evil thoughts come into his mind, then
let him forthwith confess them to his ghostly physician, that
is his shrift ; and let him consider the sufferings of our Lord,
how He who made all creatures, out of His humility conde
scended so far, that for our behoof He pwas hanged on the
rood, and how both His feet and His hands were run through
with nails, and how His side was pierced with a spear; with
such meditations as these he may expel and banish all evil
thoughts out of his mind. He ought always to restrain his
mouth from perverse evil words. He ought not to affect to
speak much, and little to the purpose {, or idle words, which
raise unbecoming laughter, nor ought he to love immoderate
obstreperous cachinnation, but with pleasure hear the read

those who may have offended him ere Non esse superbum, non vinolen-
sunsft, let him forgive in his mind, turn, non multum edacem, non somno-
'I.'. lentum, non pigrum, non murmuro-
* [Ne beo he orenmobe, ne beo he Bum, non detractorem. Theodulf.]
bjiuncen-geojin, ne beo he CO rlapol, f [Johnson omits nfer him rylFumi
ne beo he co micel Bsce, he beo he to not to himself, T. ]
rlap. nebeoheco eopnrgenbe, nebeohe X Lne rceal him heon leojr rela Co
Co caelenbe. Let hiin not beproud.nor r-pnecanne on unpyhc, nor shall he be
given to drink, nor too much given to fond of speaking much unrighteously,
sleep, nor too much given to eating, T. Multum loqui non amare. Theo-
let him not be too slothful, nor too eager, dulf.]
let him not be too evil speaking, T.
 464 theodulf's CAPITULA. [A.D. 994.

ing of the holy books, and often apply himself to prayer, and
daily in his prayers confess to God the evil that he has for
merly done, with tears and groans, and beg forgiveness of
Him; and earnestly pray, that He may defend him both
from repeating the evils, which he has formerly committed,
and from all misdeeds whatsoever : he ought not to follow
his fleshly lusts, or his own will, 'but in all things obey the
command of his teachers, though it be so, as that God's will
is, it should not be, viz. that the teacher gives good instruc
tions, but acts otherwise himself*, he ought to remember
[Mat.xxiii. what our Saviour hath said in His Gospel, " do what they bid
you to do, not what they themselves do, when they teach you
what is good, but themselves act the contrary." Nor let him
desire to be called a saint before he is one ; but first labour
to be so, that he may ""with the better right be called so.
Let him daily fulfil God's will in his actions ; let him love
purity, avoid all self-exaltation ; honour the old and love the
young with a christian affection, and pray for his enemies.
Let him hasten to a reconciliation with those at variance,
before the going down of the sun ; and never 'despair of
God's mercy. Now these are the documents and tools of
ghostly craft, which if it be day and night indefatigably
plied by us, and perfected by the end of our lives, 'then
have we that promise "signed to us, which the Lord hath
[l Cor. ii. declared and will perform at the [day of] recompense, "which
no eyes ever saw, nor ear heard t," &c.
m FJ'p>ian, not Fpyb
* Some word seems to have been dropt here, probably beapr-, overlooked
by the transcriber, because it begun as the foregoing )>eah.
* Bead )>e bybe. Somner.

' * [ac on eallum hingum he rceal hir cene pitob, be he Jehec bam be hip be-
laperpep bebcbum hypan, jebeah be bobu healban -j gelarran polban, ba
n)'c r>'> IT" kob pylle j>bicne py, 1* naerpe nan ease ne sery'S, ne nan
re lapeop be him cela toece him rylr. eape ne gehypbe, ne on naner manner
eller-hu bo, but in all things he shall heopran ne ajrah, ba sejeappobe Lob
obey the biddings of his teacher, yea b*m be hyne lupao*, then will the
though it be (so may God will that meed be decreed us by our Lord, which
it be not) that the teacher, who teaches He promised to those who would hold
him what is good, do otherwise him- and execute His commandments : what
self. T. Prieceptis sacerdotis et proe- no eye hath ever seen, nor any ear hath
ceptoris in omnibus obedire, etiamsi beard, nor ever entered any man's
ipse aliter, quod absit, agat. Theo- heart, hath God prepared for them who
duff-] love Him. T.]
' t [bonne bitS up reo meb eE Dpih-
A. D. 994.] theodulf's capitula. 465
* Read rr, not beep- Somner.
q piheenlicrp, not bpiheen*.
' jeoptpype. Somner.
* peonbe, not peomeb.

22. All believers in general from the least to the greatest,

are to be reminded, that every one learn the Lord's Prayer
and the Creed, and he is to be told and to observe, that on
these 'two is the ground-work of the whole Christian belieff.
And unless one can sing both these, and so believeth as he
there saith, 'and prays often for himself, he cannot be a good
"Christian. It was an ancient constitution, that none who
did not know the Credo and Pater Noster, should be surety
for any one either at the bishop's hand, or at baptism ; and
that none should xsupport such an one at his receiving bap
tism or being bishoped, unless he were one that was not of
age to learn them J.
' epejep, not rpeb
* The Latin has caiholicus for pel cpipeen.
* This alludes to the ancient custom of the sureties holding the person
to be baptized or confirmed, whether a child or adult, at making of the
professions .

23. Christian laymen are also to be told, that every one

should pray for himself twice a day at least, that is morning
and evening, except one can pray oftener. Unless he be ex
pert at Pater Nosier et Credo, let him sing or say, "Lord thou
bast fashioned and formed me, be merciful O God, be merci
ful to me a sinner ;" and let him thank God for his daily food,
* [bpiheenlicop, more authoritative- apparently through inadvertence, but
ly. T. Verius, Theoduff.] the Saxon text closely follows the
t [1* on bippum rpam cpybum lr re Latin original given below. It should
rraftol ealler cpiptenep geleapan, that be remarked that 1 hyne mib ore ge-
in these two utterances is the basis of bibbe means, ' and withal pray often,'
all Christian belief, T. ; quod in his the word mib is elliptical, and hyne is
duabussententiis.omne ndei Christiana; governed by the reflexive verb ge-
fundamentum incumbit. Tlieodulf.] bibbe ; see Bosw. Diet art Biddan.
' J [l hyne mib ope Jebibbe, ne et in oratione ssepissime frequenta-
ma?s he I eon pel cpipeen. )}ic psep verit, catholicus esse non poterit. Con-
gerypn JepeCC 1> nan bapa manna stitutum namquc est, ut nullus chris-
J>e ne cuSe Lpeban -j Paeep nojrep metur, neqne baptizetur, neque a lava-
~t> he ne mrpee n:ibep ne at bipcopep cro fontis illius suscipiatur, neque co-
hanba ne see pulpihee iiaiuim men on- ram episcopo ad confirmanduni quem-
roon ne bine mon rujifion pulluhee libet teneat, nisi symbolum, et oratio-
jrullian ne morre, ne bipcopian, buean nem dominicam memoriter tenuerit;
he ha ylbe napbe i> lie bonne Jye ha exceptis his quos ad loquendum .-Bias
aep jenemneban cpybar jeleopnian ne minime perduxit Tlteodulf.]
mihce. T. In Thorpe's English the [See above, A. D. 785. c. 2. p. 267,
first clause is put into the next sentence note (.]
JOHNSON. q g
 466 theodulf's CAPITULA. [A.D. 994.

and that He hath made him in His own likeness and distin
guished him from the beasts. This being thus done, and
having worshipped his Creator only, let him call upon the
saints, and pray that they would intercede for him to God;
first to St. Mary, and afterwards to all God's saints. Let
them that can reach to a church do it at church ; they that
cannot, let them do it wheresoever they are, both evening
[Pa. ciii. and morning. For the Psalmist says, " God's dominion is in
J every place :" and again he says to God, " Thou art in every
place ;" as he also said, " I cannot find any place in which
Thy government is not*."
24. Sunday is highly to be honoured, therefore we forbid
that any man presume to undertake any work, except dress
ing his meat, on that holy-day : unless a man be obliged by
necessity to travel; then he may ride or row, or use any
such passage as is usual to his journey ; on condition that he
hear mass, and do not neglect his prayers. Ou the Sunday
God first created light ; and on that day He sent the people
of Israel heavenly bread in the y wilderness. And on that day
He arose from death, when He had first of His own accord
suffered death for the salvation of mankind ; and on that day
He sent the Holy Ghost on His disciples ; therefore it is highly
proper that every Christian do very solemnly observe this
day. And it behoves every Christian that can do it, to come
to church on Saturday, and bring a light with him, and there
hear even-song 'and nocturns in their proper hour f; and come
in the morning with an offering to high mass. And when
they come thither let not "any quarrel J or dispute or discord
be heard ; but [let there be] a calm of the mind at the holy
ministration; let them intercede, both for themselves, and
for all God's people, both with their prayers and their alms.
After the holy service, let every one betake himself to his

[yopjxm re realm-j-ceop cpaeS, had said, ' I can find no place in which
On selcpe rtope rr Iiober anpealb, -\ err Thy power is not.' T. Dicente psal-
he cpaeft to Dobe, On felcpe rtope pu misl.i: 'In omni locodominationis;' et,
birt, ~) beah ic on heoronar artyge, ' si ascendero in cerium, tu ibi es,' &c
pi'jj bu birt, rpylce he cpsebe ne ma?s Theodulf. Cf. Ps. exxxix. 7.]
ic nane rtope semetan. be bin onpealb ' f [t on uhtan bone ulit-rans, and
on ne ry, because the Psalmist said: before dawn, matins, T., sire ad matu-
' In every place is God's power.' And tinum officium, Theodulf. See above,
again he said to God: ' In every place A.D. 957, c. 19. p. 393, notef.]
Thou art, and though I ascend to the \ [racn, iniquity, T.j
heavens, there Thou art.' As if he
A.D. 994.] THEODTJLf's CAPITTJLA. 467

own home, and entertain himself in a ghostly manner with

friends, neighbours and strangers ; and guard himself against
immoderate eating and drinking.
i pepten, not bep
1 pac, not jracn.
25. It also greatly concerns every mass-priest earnestly to
persuade and teach them that belong to his district, that they
be hospitable to strangers, and never turn a traveller out of
their house ; let them do out of perfect charity that they are
willing and able to ado, to God*. For what a man does out
of charity to strangers, that no doubt he does to God ; as He
Himself will say at doomsday to them that are placed at His
right hand, " I was a stranger and ye received Me." They [Mat.
therefore who receive any stranger out of charity, let them xxv- '-1
not desire any worldly requital. Many men have so greatly
pleased God by their hospitality that they b deserved to be
visited by angels ; no worldly recompense ought to be taken
of the strangers, because eternal joy in the kingdom of God
is promised on this account.
* boo, not bonne.
b pyp',e> d0' py)*' Somner.

26. It greatly concerns you to restrain perjury, and to tell

those of your district how vast a sin it is, and how strictly it
is forbidden, both in the law, in the books of the prophets,
and in Christ's own book.
We have been informed, that some place it among the
lesser sins ; now it is not so, but it is one of the greatest ;
and satisfaction is to be made for it as for slaying a man, or
for adultery, or any other of the capital crimes. Ye ought
also to know, and inform those of your district, that whoever
has committed any of the capital crimes, and will not be
converted so as to make satisfaction, he is forbidden all com
munication with Christian men, both within and without
the church, 'even in drinking and 'dwelling together, unless
they will be converted so as to make satisfaction f.
[bon him ellep Lobep bancep to and drinking, and dwelling together in
Jobe t> hig bonne pillen ofSfte mtegen, houses, unless they will turn to pen-
but do for his comfort, for love of God, ance. T.
what they then will or can, T.] ut nullus cum eo comedat, neque
'+ fje tec, e bninc, je ramob- bibat, neque in suam eum domum re-
punung on hupum, butan lug Co bb- cipiat. Theodutf.]
bote jecyppan pillun, both in eating
Gg2
 468 THEODTJLf'8 CAP1TULA. [A.D. 99*.
c pununje not )>un.

27. It is also the great duty of mass-priests to tell those

of their district that every one ought earnestly to take heed
of bearing false witness, because this is a very grievous sin ;
and our Lord on mount Sinai did strictly forbid it, and saith
thus, " Never be [guilty] of any false witness, because false
witness is never unpunished*." Whoever commits this sin,
or hath committed it, ought to purify himself by the same
satisfaction which we before appointed for perjury, and also
other capital sins ; or be dseparated from every thing that is
Christian. What can be more agreeable than that a man
who out of covetousness of gold, or silver, or precious gar
ments, or auy worldly thing, falls into so grievous a sin,
should live seven years in anxious misery, or else be deprived
[Mat xvl of every thing that is Christian. Our Saviour said, " that it
would not profit that man a whit who should gain the whole
world and lose his own soul."
d A full stop at aj-ceaben.

28. We also command the mass-priests that are subject

to us, that they be very diligent in the instruction of the
people; that they who are book -learned do often and care
fully teach them of their district by book ; let them that are
not so book-learned command the young men of their dis-
[l Pet. iii. trict that they " cease from evil and do good, seek peace and
' * follow it," and let them know that " God's eyes are over the
righteous " that " His ears hear the prayers of the righteous ;"
that " the countenance of the Lord is against them that do
evil ;" that He destroys and blots out their memories. You
cannot excuse your not teaching of them. All of you have
tongues : he that is willing to speak good, may reclaim
some. As soon as a priest sees one in the wrong, he shall
endeavour with all his power to reduce him to right, both by
reproving, conjuring, or beseeching him ; and not let him
alone till he have brought him to good works. And my will
is that every one do certify me, at those times that we come
by God's help to assemble in synod, what fruit he hath pro-

* [' non falsum testimonium dixcris:' tus.' Theodulf. Cf. Exod. XX. 15 ; ProT.
ive; 'Testis fukus non ctit impuni- xix. 5.]
A. D. 99 K] theodulf's capitula. 469

duced in his district, by the help of God, and what men of

his district, that formerly lived in wrong, he hath reduced to
right. And if any want my help, let him [do his part and I
will] soon be ready in the true love of God and man so far
forth as it is possible for me to do it.
29. Also ye ought to admonish those of your district that
they closely apply themselves to prayer : in this manner ye
shall teach them to pray. First they shall sing Credo, since
it is most proper that they shew the firmness of their right
faith ; and after he hath sung the Creed, then let him say
thrice, God, Thou art my Creator, have mercy on me; and
thrice, God be merciful to me a sinner. After that let him
sing Pater Nosier; and after that if he hath place and leisure,
let him first pray to St. Mary, and the holy apostles and
martyrs, and all God's saints, that they would intercede for
him to God ; and then arm his forehead with the holy rood-
token, that is, sign himself [with the cross] and then with
hands and eyes uplifted let him give thanks to God for all
that He has given him, both prosperity and adversity. If he
have not leisure for the doing it all in this manner, then let
him do as we said before, that is say thrice, " God, Thou art
my Creator, have mercy on me." And thrice, " God be
merciful to me a sinner;" and then with inward hear^ let
him say Paler Nosier, and sign himself.
30. We should every day once, or twice, or oftener, if we
can, confess our sins in our prayers, since the prophet says,
" I declared my sin unto Thee, and mine unrighteousness I [Ps. xxxi.
hid not from Thee." I said, " I confess my unrighteousness ' te ?
against myself to the Lord, and do Thou, Lord, forgive the
impiety of my sin." Then after confession with groaning
and compunction of heart, 'we should pray for ourselves to
the Lord, and sing the 1. psalm, or the xxiii. or xxiv., or one
of them to the same purpose*, and thus complete your
prayers. That confession of our sins, which e we make to

'* [U)e rceolon nreo Dpylitenege- which belong to such cases, T. These
bibban, ~i bone prrisan realm rynjan, numbers of Psalms are according to
oftSe bone xxmi. cSSe bone xxv. ofrSe the Vulgate, and answer to Psalms
bapa j-umne be baeji ro rpylcum be- 51, 25, 26 in the English version: in
lympft, we should pray to the Lord Theodulfs Capitula the third Psalm
and sing the fiftieth psalm, or the named is xxxi, that is the thirty-second
xxiiiith, or the xxvth, or one of those in the English version.]
 470 theodulf's CAPITULA. [A.D. DM.

the mass-priest, this 'contributes to our good, inasmuch as

by ghostly advice received from him, and medicine for those
blemishes which we confess to be in us, by means of our own
deeds, and by observing the injunctions that he gives us *,
we may by this means blot out our sins. Further, the con
fession s which we make to God only, that is to our benefit,
inasmuch as the oftener we remember [our sins] the sooner
God forgives them f : since the Lord says by the prophet,
[Jer. xxxi. " > Thy sins I will not remember." On the other side the
'J oftener we forget our misdeeds the more ' carefully doth God
k remember them. It concerns us to consider what David
the prophet saith, and to do accordingly as near as we caD,
[Ps. li. 3.] " I acknowledge mine unrighteousness, and my sin is always
before me."
* pe, not be.
' We are here informed of the benefit of confession to the priest, that
it consists in the spiritual counsel . he gives, and the proportioning the
penance to the crime ; and of this Monsieur Petit's collections are full.
Not one word here of the benefit of the priest's absolution : and probably
there was no such thing as an absolution yet invented : I mean a positive
indicative absolution. See also Cone. Cabilon, c. 33. A.D. 813 J.
' This the Latin calls the true confession. Confessio, vera l quam Deo
Soli facimus.
h gemynbie ic, or gemunie ic. not gemamc .
1 geopnop, not nop3.
k Read gemunab, not gemon ^[.

[ Theodulf adds, sive mutuis ora- peccata nostra, et cum David dicamus :
tionibus. J " Delictum iiicuin cogiiitum tibi feci et
t [Donne peo aubetnep be pe Iiobe injustitiam mcam non abscondi. Dili ;
amiin aubeccaft l">c N lno up1> Eo gobe, confitebor adversum me injustitia
ppa pe ojrop lug geuiuna'S ppa FPSyc meas Domino, et tu remisisti impieta-
liob hypa hpaftop. But the confession tem peccati mei." Et secundum in-
which we confess to God alone, does stitulionem apostoli, confiteamuralteru-
this for our good, the oftener that we trum peccata nostra, et orenius pro in-
remember them, so doe God the soon- vicem ut salvemur. Confessio itaque
er forget them, T. quee Deo fit, purgat peccata : ea vero
Confessio ' vero quam soli Deo faci- quae sacerdoti fit, docet qualiter ipsa
mus, in hoc jm at. quia quanto nos purgentur peccata. Deus namque sa-
memores sumus peccatorum nostrorum, lutis et sanitatis auctor et largitor, ple-
tanto horum, Dominus obliviscitur, rumque hanc prsehet suae potentiae
Theodulf.~\ invisihili administratione, plerumque
J [XXXIII. Quidam Deo solum- medicorum opcratioue.Cone Cabel-
modo confiteri debere dicunt peccata, Ion. II. A.D. 813. c 33. Concil., torn,
quidam vero sacerdotibus confitenda xiv. p. 100.]
esse percenscnt: quod utrumque non [negeman ic, I remember not. T. ]
aine magno fructu intra sanctam fit ^[ ppa gemon lug Hob 'geopnop, the
ecclesiam. Ita duntaxat et Deo, qui more readily does God remember them,
remissor est peccatorum, confiteamur T.J
A. D. 991.] THEODULF's CAPITUT.A. 471

31. A man ought to confess to the shrift all the sins that
he ever committed, either in word, work, or thought : there
are eight capital sins : there is but a small number of men
that is not smitten with some or all of them ; the first is
gluttony, the second is unlawful copulation, the third is
worldly grief, the fourth, covetousness of riches, the fifth is
vain-glory, the sixth is envy, the seventh is anger, the eighth
is pride. When one ' comes to his shrift with a resolution
that he will declare to him his wants, and confess his sins,
then ought the shrift diligently to enquire of that man when
he confesses to him, how the thing was done, whether will
ingly or unwillingly, whether by way of surprise, or by way
of deliberate design, m and then injoin him penance for every
misdeed, according as the deed was done. ' He that kills
another man in defending himself, is not to be compared to
him that lies in ambush for another and kills him. So it is
in unlawful copulation, and in every misdeed * ; the shrift
shall examine him that declares his want to him in every
particular, and teach him to conceal nothing of what he sup
poses he ever committed against the will of God, either in
word or deed, and shall declare the satisfaction that belongs
to every one of them.
1 hpa, not rpa. Somner.
* A stop at piran.

32. We ought to give meat to the hungry, and drink to

the thirsty, and "cover the naked, and visit them that are
sick or in prisonf; as our Lord saith, " I was hungry, and ye [Matxxv.]
gave Me to eat; I was thirsty, and ye gave Me to drink; I.was
naked, and ye clothed Me; sick and in prison, and ye visited
Me." Now every one ought to apply this to himself in a
spiritual manner J, and to fulfil it towards others in a corporal
manner. Yet "can it not avail him to life eternal if he lead
his life in uncleanness, pride, envy, or other manifest immo
ralities, which it would be too long to number. But as soon
' [Very unlike is the man who de- T., et hospites colligendi, Theodul/.]
fending himself slays another man, to J [Donne rceal a?lc mon on him
him who seeks another and slays him : rylrum bar bins Jartlice habban, Now
so it is, both in adulteries, and in every every man should have in himself these
misdeed. T.] things spiritually, T.
t [Johnson omits ^ cumum pe rceolon Nam haec omnia et in se quisque de-
onjron, and strangers we should receive, bet spiritaliter agere. Tlieodul/.]
 472 THEODULF's CAP1TULA. [A.D 994.

as a man perceives that he has not Christ within him, (who

[John vi. saith, " I am the living bread that came down from heaven,")
and that true love which is the nurse of the soul, then un
doubtedly he is hungry; and then if he join himself to Christ*
by good works, discarding his former immoralities, and fill
himself with the sweetness of true love, then hath he fed
Phimself that was hungry in his soul. He that sees himself
to be deprived of the streams of the doctrine of the holy
Scripture, and of the Holy Ghost, is then sufficiently thirsty ;
and if he then watereth himself at the spring of God's word,
and fill his soul with the sweetness of the ghostly liquors, he
theu giveth drink to his thirsty soul. Then he who seeth
himself destitute of righteousness, and other good works, is
not he sufficiently naked? If he then dress t himself with
righteousness, and other good works, what doth he but
clothe his naked self? Then he that lies in his bed of vices,
and labours of the disease of his unrighteousness, and is
bound with the cords of his sins, and surrounded with the
walls of his misdeeds, and in the darkness of his unrighte
ousness, he is sick enough, and in a gaol sufficiently dark.
But if he arise out of the bed of his immorality, and goes out
by confession, and by the mournings of a sincere satisfaction
be loosed from his sins, and then proceeds to the light, by
the practice of good works, he without doubt visits his sick
and imprisoned self. Then he who sees himself fatigued in
the pilgrimage of this present life, and with the storms of
immorality, as one tired with the strong blusters of the air,
and that he wants the calm haven of good works ; he may
then consider that he is in the road, and in need of an hos
pitable house. And if he theu conduct himself to the sacred
house of virtues, and cover himself under their protection,
then in what he does to himself he entertains a stranger.
The man that applies all this spiritually to himself %, he gives
food and drink, he clothes, and visits, and entertains Christ,
whose member he is in himself.

[him n.]iirc to gela'Sa'S, he call ry'rum Sarc',ce b*^' Therefore the

Christ unto him, T., L'hristo adjungit man who does to himself spiritually all
se, Thmdulf. ] these things, T.
f [begii'S, exercise, T., induit, Theo- Quae omnia cum sibi spiritaliter ex-
<*'/.] hibet. Thtodutf.]
J [Call har hinj bonne je muii )>e him
A. D. 994.] theodulk's capitula. 473

" ppeon, not ppeon. Somner.

* Dele the point at tubes.
p Dine reoljrn, not I115 ne.

33. God's friends are also to be admonished, that they

teach their children to be obedient to their parents j for the
Lord saith, " Honour thy father and thy mother that thou [Exod. xx.
mayest be a long liver on the earth :" the parents also should 12'-'
be gentle towards their children ; since the apostle saith,
"Ye parents provoke not your children to wrath :" yet ought [Eph. vi.
they not to let any misdeeds go unpunished. Solomon saitb,
" He that spareth the rod, hateth his child." No misdeed is [Prov. xiii.
allowed to pass without punishment in the world to come,
except satisfaction be made for it here. Therefore it is better
for one to correct his child for his misdeeds here, than that
he be reserved for God's wrath there.
34. And the priests also shall teach the people, that that
is true love by which a man loveth God better than himself,
and his neighbour as himself, and that none do aught of that
to another that he would not have done to himself, and many
other things too long now to be reckoned up. Some suppose
that true love is meat and drink ; but it is not so at all ;
concerning this, saith the apostle, " God's kingdom is neither [Rom. xiv.
meat nor drink:" yet nevertheless when men give meat and '
drink out of true love to God, it is a work perfectly good,
and it is numbered among other good works.
35. They also that live by dealing are to be admonished,
that they do not so covet worldly gain, especially so as to
lose life eternal*. Without doubt they greatly err who are
more intent on worldly gain than on the salvation of their
souls; and of these a wise man saith, they lose their 'in
wards by the way. The present life is what he called the
way. But it is necessary that they hear the apostle's doctrine ;
the apostle saith, "over-reach not one another in dealing, [i Thess.
'for (look well to it) God will be His own avenger of what is lv- 61
done to the wrong of others, or for any other cause f." The
[15 hig fPa l'aIia populb-sejrpeona ' t [pop)""1 'oca bpait: hpa oSpum on
julnisen rr/a his hupuH ece In; ne pop- bon to po s<*o oSISe on anisum bin-
leoran, that they so desire worldly sumi kob hirbi'Sjipeceiib, ' forlo, what
gains, that they at all events lose not any one therein does wrongfully to
everlasting life. T. another, or in any thing, God will be
Ut non plus terrena lucra quam its avenger,' T.]
vilam cupiant leteruaiu. Theodulf.]
 474 theoutjlf's CAPITULA. [A. D. 99*.

same command is given to mariners, and to landmen, ' and

all that raise profit to themselves by dealing* ; that they give
God the tenth part: and give their alms out of the nine
parts ; so it is enjoined to all men, that out of the same craft
from which they produce necessaries for the body, they also pro
duce necessaries for their souls, which are better than the body.
1 Lat. intimn sui. Saxon ingebane, conscience.
36. On the week next before 'holy night shall every one
go to his shrift t, and his shrift shall shrive him in such a
manner, as his deeds which he hath done require ; and he
shall charge all that belong to his district, that if any of them
have discord with any, he make peace with him : if any one
will not be brought to this, then he shall not shrive him:
[but] then he shall inform the bishop that he may convert
him to what is right, 'if he be willing to belong to God : then
all contentions and disputes shall cease J, and if there be any
one of them that hath taken offence at another, then shall
they be reconciled, that they may the more freely say in the
Lord's Prayer, " Lord, forgive us our trespasses," &c. And
having thus purified their minds, let them enter upon the
holy fast-tide, and cleanse themselves by satisfaction against
holy Easter, " for this satisfaction is as it were a second bap
tism. As in baptism the sins before committed are forgiven :
so by satisfaction are the sins committed after baptism.
' It is pretty plain here is a mistake in the Saxon, and that it should
be loiiren instead of halgan nyhc.
* A point at eapepena.
The Holy Scripture informs us that sins are forgiven by
seven means; the first is baptism, which was given us for
the remission of sins. In the second place by suffering.
[Ps. xxxii. Concerning this the psalm poet saith, " Blessed is the man
2-]
' * [1> eallep (>icr )>e him on heojia Sunday in Lent, and doubtless by hal-
ceape gepeaxe, that of all which in- gan nyhc the night before. See Mi-
creases to them of their stock, T.] reschall's Anglo-Saxon Gospels, Anne.
+ [On bsene nyhrran pucan sep hal- in Mat. iv. 1. p. 522-3.]
Kan nyhc peeal gehpa so hip pcjiipte 'J [liyr he DoSSep beon pylle.b'once
gan, C hip baebu (baeba 1 ) geanbeccan, manpceals&lceunpomeTealleseplyhta
In the week immediately before Lent, geptyllan. If any one desire to be of
every one shall go to his confessor, and God, then ought he to still every enmity
confess his deeds, T. and all strifes. T. Thorpe's translation
Hebdomada una ante initium quad- makes a full stop at the word ' right."!
ragesimae confessiones sacerdotibus [ppa rpa pe popgypaft bam Je pi*
dandie sunt, Theodulf, up agylca'o, as we forgive them wbo
By halgandreg was meant the first sin against us, T.]
A.D. 994.] 475
to whom the Lord imputeth no sin." According to this
same saying of David*, sins are forgiven by baptism, they
are covered by satisfaction, they are not imputed through
martyrdom. In the third place they are redeemed through
almsdeeds. Of this saith Daniel to Ncbuchodonazor1 the ' [sic]
king, " Redeem thy sins with alms [given] in mercy to the Dan.iv.27.
poor." And that [text] '"as water quencheth fire, so doth
almsdeed sin." And the Lord saith in the Gospel, " "give your
alms then, by that you may clean." The fourth is, if thou
forgive them that have sinned against thee, as it is said
in the Gospel, " Forgive, and it shall be forgiven you," &c.f [Luke vi.
The fifth is, if one by instruction and preaching God's com
mandments, converteth a man from wrong to right, " he ran- [James v.
soms his soul from death, and covers a multitude of sins," '*
as the apostle declares. The sixth way is, by the true love
of God and man. As it is said, the true love of God and man
covers the multitude of sins, through the Saviour Christ our
Lord. The seventh way is, by satisfaction, as David saith, " x I
am turned about in my misery, and my back is broken :" and
he says presently, " I ceased from my pride, and my misde
meanour, and do penance and satisfaction for them before
God, so I have forgiveness."
' Ecclus. iii. 30.
" Luke xi. 41.
* The text here alluded to is Psalm xxxii. 4, 5, the xxxi. accord
ing to the vulgar Latin, in which it runs thus, Conversus sum in cerumna
mea dum configitur spina mea *. Delictum, meum cognitum tibi feci, et
justitiam 3 meam non abscondi. Dixi, confitebor adver&um me injustitiam
meam Domino, et tu remisisti impietatcm peccati mei%.

37. Men shall observe the lenten fast with a more singular
regard ; so as to eat no meat till the tenth or twelfth hour,
(but Sundays only) except one be so sick that he cannot fast,
or so young as not to be of age to fast. For these days are
the tithe of the year, and we should therefore spend them
with all piety and holiness. There is a custom frequently
[iEftej> br ylcan Dauib cpibe, again: 'If ye forgive those who have
according to the saying of the same sinned against you, then will your hea-
David, T.] venly Father forgive you your sins.'
t [rylla$ bonne br5 eop gerealb, ^ T.]
eft, gyp e popsypa'5 bsem be pi'5 eop J [The Vulgate omits ' mea' after
5epynj;obe, onne popsype'S eop eoppe ' spina,' and has not 'justitiam' but "in-
heoponhca Kmbep eoppa pynna j ' Give, justitiam,' as in the next sentence.]
then shall be given unto you.' And
476 theodulf's capitula. [a. d. 9<u.
to redeem other fasts with alms, out of love to friends [that
we may eat with them]. This no man must rbreak by any
means. They who fast at other times earn a reward, and
forgiveness of sins from God ; yet upon condition, that they
adorn their fast with almsdeed : but at this time he that can
fast, but will not, without doubt earns eternal punishment
to himself. For Christ hath hallowed these days to fasting
by Moses, by Elias, by Himself.
' A point at bpecan.

38. It is the duty of every man daily to give alms to them

that are in want; yet more on the days on which we fast,
than on other days. For then we should distribute to the
poor the meat and drink that we should use if we fasted
not. For if we fast and reserve our.'first meal till supper
time, that is not fasting, but is only a delaying of the time
of eating, and the supper is doubled.
1 Lot. Prandium unbepngepeopb*.
39. It is the practice of many, when they should fast, that
as soon as they hear the noon-bell ring, they take meat ; but
it is not to be thought that that is to be deemed fasting;
but it is requisite that after noon-song a man hear mass,
and after mass his even-song, at the [proper] season, and
let every one give his alms, according to what is incumbent
on him, and afterwards take meat. If any one be so
straitened in time that he cannot come to mass and even
song, yet let him continue fasting till he know that mass
and even-song are ended ; and then having finished his
prayers and his alms, let him enjoy his good things and
take his meat.
40. During this time shall be an abstinence from all deli
cious meat, and we must live soberly and chastely; when men
are able on this holy tide to forego cheese, and eggs, and
fish, and wine, this is the most perfect fast. They who
cannot forbear them, by reason of infirmities, or for any
other "cause, are obliged to use these with moderation, and
at the season allowed, that is, after even-song ; and that he
take neither wine nor other drink to drunkenness, but for the
[That is the meal of the third hour, 8-9 a.m.; breakfast. See above
A.D. 9.07, c. 19. p. 393, note f.J
A. D. 99i.] THEODULF'S CAP1TULA. 477

refreshment of his heart. Intemperate drinking of wine,

and sinful lust, is forbidden, bnot milk, nor cheese : the apo
stle doth not say, eat not cheese or eggs, but, "be not drunk [Eph. v.
with wine," or other strong liquor, in which is fiery lust*. "
* Latin, Quolibet opere.
* Make a point at popboben, dele point after ryne.

41. Men are to go to housel every Sunday during this

holy time, except they be excommunicated. So also on
Thursday and Friday before Easter, and on Easter-eve, and
on Easter-day : and all the days in Easter-week are to be ob
served with the same devotion.
42. On this holy fast none shall raise any quarrel or con
tention, 'but ye ought to exercise the fasting vacation in the
love of God, and in necessary business f. For our Lord
threateneth those who will on their c fasting-days demand
their "debt, and raise quarrels and contentions, who by the
prophet says thus, e 'Your victory is on the fasting day, ye [Is. lviii.
have all your pleasure on this day, ye make search after all ' *
your debtors, ye fast for strife and debate, and impiously
ye bear hatred to your brethren J. All Christian men are
brothers in God.
Quadragesima tempore, Latin. This was too gross for iElfric.
d Saxon, summon their debtors.
* I understand gerype as gejigop. I suppose it answers these words
of the prophet, percutitis pugno. serype may perhaps signify conspiracy,
but then there is nothing that answers to it in Isaiah.

43. It is also the great duty of married persons, that on

this holy tide they keep themselves pure, without all pollu-
* [rypen-lurc, sinful pleasure, T., ye oppress your brothers.' T.'
luxuria, Theodulf.] The whole canon in the Latin runs
' f [ac rymble in tober lojre anb in thus:
nyb-behepum peopcumpejveolon jta- XLII. In his jejuniorum diebus
Sol-paspclicegepunigan, but we should nulla? lites, nulloe contentiones esse
stedfastly continue in praising God, debent, sed in Dei laudibus, et in opere
and in necessary works, T.] necessario persistendum. Arguit enim
J [On psepten-bagum bift gepyne eos qui contentiones et lites quadra-
hpilcne pillan ge luibbaS, on basm gesima? tempore exercent, et qui debita
bagum ge areca'5 ealle eoppe bopgar, a debitoribus exigunt, Dominus per
-\ Co gecibe ) co geplycum ge jsopca'S, prophetam dicens; " Ecce in die jeju-
1 rpvSe aplearhce ge btepatt hyna'B uii vestri inveniuntur voluntates ves-
eoppe bpo'Spu, ' On fast-days is seen trae, et omnes debitores vestros repe-
what will ye have, on those days ye titis, Ecce ad lites et contentiones jeju-
all seek your debtors, and for strife natis, et percutitis pugno iinpie."
and brawls ye fast, and very impiously Theodulf. Condi., torn. xiii. p. 1005 E."1
478 THEODULF's CAFITULA. [A.D. 994.

tion of copulation ; that their hearts and their bodies being

purified by a pious life, they come to the Easter-day with
deeds well-pleasing to God ; for that fasting avails not a
whit that is polluted with conjugal work : 'nor is that fin
the least point more [availing]* that is not adorned with
watching and alms-deed.
ne hp.m J>e ma, not neh Jx>n, &c.

44. The people also who at the holy time are to take the
holy mystery of Christ's body and blood (that is the holy
housel) are to be instructed, that they do it with much awe
and reverence. And let them first cleanse themselves, both
with fasting and alms, and abstain from the conjugal work,
and from every vice, and adorn themselves with alms and
every good work, and so with great reverence receive it.
Both is very dangerous, either that a man take it without
being prepared, in a negligent manner; and also that any
man be too long without it ; ^especially let no man receive it
without his shrift's leave. To him he shall first have con
fessed all that he has done against God's will, so far as he
can recollect, and made satisfaction according to his doom.
But there are many minster-men and widows, of so holy, re
ligious a life, that they may do it every day when they
please.
* Theodulfs Latin makes no mention of the shrift, or confessor ; and
has the last clause thus, " It is dangerous to abstain from it for a long
time, only with an exception to them, who being excommunicate receive
it not when they please, but at certain times only," (he means such ai
were under excommunication for any grievous crime, and during those
years did public penance in Lent, and were received into the church on
Maunday Thursday, and continued there, and might communicate till low-
Sunday, but were then to absent themselves from church, till next Lent.)
" and the religious, who live in an holy manner, and do it almost every
day." From this it appears that there was in Theodulfs time a daily
communion in monasteries, if not Elfric's too.

45. Further we command all mass-priests, who are willing

to sing mass before high-mass, either on Sundays or other
mass-days, that they do it secretly, so as that they may draw
no part of the people from high-mass ; for it is a very evil
' [ne $ jropneh Son t>e ma, nor that hardly more to, T. ]
A. D. 994.] theodclf's capitula. 479

custom which some men practise hoth on Sundays and other

mass-days, that they will hear mass early in the morning, and
then presently all the day after, serve their own belly, not
God, by drunkenness and junketing. Now we command
that no man taste any meat till the service of the high-mass
be finished; and that all women as well as men assemble
themselves to high-mass and to the holy ghostly church, and
there hear high-mass, and the preaching of God's word. And
as we said before, 'let not the mass-priests in the horatories
sing at all *, except they do it so secretly as to draw no man
from the high-mass. And we charge men of every rank to
frequent the high-mass, except the holy maidens only, whose
custom or manner it is not to go from their own minster.
They ought to remain within their own cloisters, and there
hear mass.
k Sax. gebeb-hur, clearly the Bide chancels, or chapels joining to the
church.

' [ba masrre-ppeorrar jeonb ba mass-priests sing about the house of

gebefc-hur na ne rynsen, let not the prayer, T.]
 A.D. MIX.

LAWS ECCLESIASTICAL AND CANONS AT EANHAM.

Preface.

Sir H. This year, or however, between the year 1006 and 1013,
Spelman,
vol. i. p. which includes the whole time of St. Alfeage's presidency in
513. the see of Canterbury, a council was called at iEnham, (pro
bably now Ensham in Oxfordshire,) at the command of King
Ethelred, and by the advice of both the archbishops of Can
terbury and York. It was therefore a national assembly,
and the great men of the laity were present, as well as the
bishops and abbots. And though most of the laws are eccle
siastical, yet some are purely secular. The old Latin copy is
far from being a translation. It rather seems to me to be
an account which some one there present did write down by
strength of his memory; which afterwards falling into the
hands of some archbishop of York, was transcribed by him,
or at his command, with two paragraphs added at the end.
But because the Latin preface gives some account of the
synod, which is not in the Saxon, I thought fit to prefix the
translation of it to the following decrees.

Latin. It happened on a certain time, that all the great men of the
[Sir H.
Spelman, English were summoned to appear on the holy day of Pente
vol. i. p. cost, at a place by the inhabitants called Eanham, by the
625.
Wilkins, peremptory edict of King Ethelred, at the instigation of
vol. i. iElfeah and Wulfstan the arch-prelates. A multitude of
p. 292.]
venerable worshippers of Christ being therefore assembled in
that place, they being divinely inspired, conferred together
for the recovering the exercise of the catholic religion, and
 PREFACE. 481

for repairing the state of the commonwealth at large, and not

briefly. Further, at the beginning of their synodical con
ferences, first the bishops with mutual instructions exhorted
each other in their wholesome discourses, to adorn them
selves with the comeliness of faith, hope, and charity, and of
the four principal virtues, viz., prudence, justice, fortitude,
and temperance: and they appointed a daily mutual "inter
vention ; and faithfully confirmed a league of peace and con
cord between themselves.
By mutual intervention in the civil law is meant, being mutual se
curity for each other. Perhaps here it may signify, that they would every
day during this council, meet together, apart from the great seculars, to
consult of ecclesiastical affairs ; or it may signify a mutual intercession to
God for each other : for words in these ages did not keep their proper
sense and meaning, but were used according to the fancy of the writer.

11 h
 A.D. MIX.
THE PROVISIONS OF THE WISE MEN.

Saxon. These are the ordinances which the English counsel-givers

[Sir H. chose, and enacted, and strictly charged to be observed.
vol. i. 1. And this, in the first place, is the prime decree of the
wiikiiis bishops, that we all turn from our sins, so far as we can, and
vol. i. earnestly confess our misdeeds, and make satisfaction for
Thorpe, them, and duly love and honour the one God, and uniformly
p. 133 .] maintain the one Christianity, and earnestly avoid all hea
thenism, and advance devotion f among ourselves, and affect
peace and unity, and faithfully obey one royal lord, and
guard him duly and trustilyj.
[-. T.] And the ordinance of the wise men is, that abbots and
abbesses do rightly regulate their lives, and prudently take
care of their flocks, and that men of every order do in earnest
submit themselves every one to that law that concerns them,
both in regard to God and the world ; and especially that
God's servants the bishops and abbots, the monks and "my-
nikens, canons and nuns, betake themselves to what is right,
and live regularly, and earnestly intercede for all Christian
people.
* Here mynikens and nuns are distinguished. The former seems to
denote the strictest sort, the other those that were less strict J. See Cnut'i
law sixth.

* [' The text from D j the variations tat.' From the above it would two
from K.' T.] that the chief distinction between nnM
t [jebebpasbene, prayer, T.] J and mynchens consisted in the superior
' t [T Seopne hine healban, mxb age and strictness of the former. In
pihcan serpyp'5an,and diligently sup- C. E. 6, (see below A.D. 1017, c. 6.)
port him, with right fidelity. T.] nuns are classed with canons, mi
[Mynecen, fern, ofmunuc, monia- mynchens with monks. Thorpe, GIoj-
lis. Nunne Nti.NNA nun. DuCange sary, art. Nunne.
defines nuns as ' sanctimoniales prseser- The Italian nonna f. signifies grcad-
tiro antiqnas et seues virgines, aut sacra? mother, and nonno m. grttndjalkr.
vidua?; sicutenim nonnus reverentiam Bosh. A. S. Diet., art. Nunne.]
pateraam, ita nonna maternam dene-
 A. D. 1009.] LAWS ECCLESIASTICAL, &C. 483

And the ordinance of the wise men is, that every monk [* T.]
that lives out of a monastery, and neglects his rule, bdo as it is
his duty, betake himself to the monastery with all humility,
aud desist from his misdeeds, and carefully cbuild up what
he hath broken down*, and call to mind the word and pro
mise which he hath plighted to Ood ; and let the monk that
hath no monastery, go to the bishop of the shire, and engage
himself before God and man, to observe three things at least
for the time to come, that is, his chastity, the wearing of the
monastic habit, and the serving the Lord in the best manner
that he can : and if he performs this, then he deserves to be
the better respected, wheresoever he dwells.
k bo rpa him, not borpalum.
c I read ber rpybe, not beaer

Let canons where there is an estate sufficient to have a [4. T.]

dormitory and refectory, keep in their monastery, with chas
tity, as their rule directs. But it is just, that he who will
not, do forfeit his place.
2. And we command and charge all God's servants, espe- [* T.]
cially the priests, that they obey God, love chastity, and guard
themselves against God's wrath. Let them earnestly con
sider, that they cannot lawfully cohabit with a wife : yet this
is worse, dthat some have two, or more, and some though
they dismiss her whom they formerly had, afterward take
another, the former living, as it becomes no Christian man
to do. Let him who will desist from this, and preserve his
chastity, obtain God's mercy; and as an addition of worldly
honour [we decree] that he be equal to a thane, both as to
his weregild, and to his rights in his life-time, and at his
burial. And let him who is averse to that which befits his
order, be deprived of his honour both in relation to God and
the world.
* I read with Mr. Somner pypre, not pyre.

3. And look ye ! we agree to command every friend, and [c. T.]

to charge all people, in earnest, with inward heart to love the
one God, and diligently to avoid all heathenism.
[^ beee rpySe jeojine, j> he abpo- for that which he may have committed,
cen haebbe, and make ' but' very strictly I.]
Hh2
 484 LAWS ECCLESIASTICAL [A.D. 1009.

[7. T.] 4. And if witches, wizards, "magicians, or whores, privy-

murderers, or false-swearers be caught any where in the nation,
let them be zealously driven off this earth ; and the people be
purged ; 'or let them wholly get them gone out of the laud*,
unless they will desist and make deep satisfaction.
* For rem cpstjx can, I read j-cin- cpajrlican, or j-cincpajrnsant.

[8. T.] 5. And it is the ordinance of the wise men, that right law
be advanced both in relation to God and the world, and that
every thing contrary to it be earnestly abolished ; and that
every one both poor and rich be henceforth esteemed worthy
of common justice ; and that peace and friendship be duly
preserved both in relation to God and the world, within this
land.
[9. T.] 6. And it is the ordinance of the wise men, that he who is
a Christian, and has not forfeited himself, be not sold out of
the land, at least not into an heathen nation. But let men
take special care, that a soul, which Christ bought with His
own life, do not perish.
[10. T.] 7, And it is the ordinance of the wise men, that Christians
be not rashly condemned to death for every trifling cause ;
but on the other side let the judge correct with lenity for
the public good; and not for a small matter destroy God's
own handy-work, and His own purchase, which He dearly
bought. And let every fact be cautiously scanned ; and [let]
judgment [be] according to the fact, and moderation accord
ing to the quality [of the offender] ; 'so that it maybe gentle
in relation to God J, tolerable in relation to the world, and
let him that judges others, seriously consider what he re
quests for himself, when he thus says, " Forgive us our tres
passes, as," &c.
[11. T.] 8. And we strictly charge every Christian, that he earnestly
avoid all unrighteous copulation, and duly observe the Chris
tian law.
[12. T.] And never let it be, that a Christian marry 'within the
'fourth degree of relation, among his own kindred, that is

' [obbe on eapbe popjrape hi mib no'e ]

ealle, or let them totally perish in the f [rcIn-cPJ:t1Slini magicians, T.]
country, T. Compare above, Laws of 'J [rpa, p>p &obe p Sebeophhc, so
King Edward and Guthrum.c.ii. p. 335, that before God it be fitting, T.]
A.D. 1009.] AND CANONS AT EANHAM. 485

within the fourth generation * ; nor to the widow of one that

is so near akin, in worldly affinity, nor one nearly related to
the wife, whom he formerly had, nor to any consecrated
nun; 'nor to his e spiritual relations f; nor to one that is
divorced. Nor let him who desires to observe God's law
aright, and to guard himself against hell-fire, have more wives
than one ; but continue with her only so long as she lives.
' I think it evident, that VI. here was written by mistake for IV. The
old Latin mentions no particular degree.
That is his godmother or godfather's daughter, or to the daughter of
the priest, or other person, who baptized him.

9. Let every church be in the protection of God, and of [18. T.]

the king, and of all Christian people.
And let the protection of the church within its own walls, [14. T.]
and the protection of the king's hand, be equally inviolable.
And let no man from henceforth bring a church into ser- [is. T.]
vitude, nor unrighteously make merchandize of a church,
nor turn out a h church-thane % without the bishop's consent.
k I take 'Ben here to bo the same with tSegeo, or flegn. So e. 2. But if
only some inferior officer of the church be here meant, yet still we may
Siifely conclude, that, if no man could without the bishop's consent turn
out an inferior minister of the church, much less a superior, and that
therefore patrons before the Conquest had not power to deprive priests
of their benefices.

10. Let God's rights be paid every year duly and carefully, [16. T.]
that is plough alms fifteen nights after Easter at 'farthest.
' Sax. hupu : Somner, saltern.

Tithe of young by Pentecost, and of all fruits of the earth [17. T.]
by kAllhallow's mass.
k Therefore the tithe-payer did in these days inibarn and thrash the
tithe corn, and pay tithe of the grain.

11. And the Rome-fee by Peter's mass, and the Church- [18. T.]
scot at Martin's mass.
12. And the light-scot thrice a year. t19- T-]
' [in vi. manna pbrce, on hir '+. [ne on hir Sejrajbenan, nor with
a};enum cynne, j> if binnan bam reop- his godmother, T.J
San cneope. within the relationship of J [cipic-ben, a church minister, T.J
vi. persons, in his own kin, that is within $ [See above, A.D. 878, c. 6', 1.33.',
the fourth degree, T.J note J
 486 LAWS ECCLESIASTICAL [A. D. 1009.

[20. T.] 13. And it is most just that men pay the soul-scot at the
open grave.
[21. T.] 14. And if a corpse be buried elsewhere out of the proper
district, let the soul-scot then be paid notwithstanding to
that minster to which it belonged, and let all God's rights
be advanced with diligence, as is requisite.
1 Saxon, rpe, shire.

[22. T.] 15. Let feasts and fasts be duly observed. Let Sunday be
strictly observed, as becomes that festival, and let men care
fully desist from trafficking and county courts, and hunting-
bouts and worldly works on that holy-day. Let the high
St. Mary's tides be celebrated, first with fasting, then with
festivity. And before the high tides of every apostle let men
strictly fast. But before the feast of Philip and Jacob, we
command not men to fast, by reason of the paschal feast,
except one choose [so to do]. Let other feasts and fasts be
diligently kept by all, in that manner that they do who keep
them best.
[23. T.] 16. Also the member-days, and [other] fasts, as St. Gre
gory himself commanded the English nation *.
m See Dial, of Egb. Answer the last, article 1, 2, 734.

[24. T.] 17, And let men fast every Friday, except it be a feast'.
[25. T.] 18. And let ordeal and oaths and marriage be always for
bidden on high festival days, and on the solemn ember-days,
and from Advent to the octaves of Epiphany, and from Sep-
tuagesima till the fifteenth night after Easter. And it is

[Httc suntjcjunia, qua S. Gregorius cribed to Gregory the Great ought

genti Anglorumpradicari prttcepit. Sunt to be referred to Greg. P. VII. A.D.
quatuorjejuniaquatuortemporumanni; 1085, upon the ground that Maratori
id est veris, restatis, autumni, et hye- (Anecdota, torn. ii. p. 262, in dis-
mis. Jejunium primuin in prima heb- sert de jej. quat. temp. cap. vii.)
domada quadragesimx. Jejunium se- proves that no fixed and general rule
cunduminhebdomadapostPentecosten. for the ember fasts prevailed before
Jejunium tertium in plena hebdomada that time. Muratori makes no naen-
ante autumnale sequinoctium. Jeju- tion of the foregoing canon, or of the
nium quartum in plena hebdomada Dialogue of Ecgbriht, which together
ante natale Domini. ' Jejunium in feria prove that the present rule for the em-
sexta per totum annum, nisi a Pascha ber fasts, though not general till the
usque ad Pentecosten, aut si major time of Pope Gregory the Seventh, had
festivitas fuerit Ex addilamentis ad been, as stated by Micrologus c. 24,
rod. Burchardi in MS. cod. Luc. Concil., given to the English by Gregory the
torn. x. p. 446 D. et annot. p. 449. Great, A.D. 600. See above, p. 175-6
Mansi supposes that this canon as- note, and p. 180, note .]
A. D. 1009.] AND CANONS AT EANHAM. 487

also fit that there be common peace and concord to all Chris
tian men on these holy tides, 'and that all "law-suits be put
far away*. If a man be indebted to another upon security
given, or by way of satisfaction [for wrong done] in any
worldly thing, let him duly pay it either before or after.
n pacn ' I take to be the same with pic, and the following clause, I con
ceive, determines us to this sense. And this I take to be the foundation
of our Lent vacation, &c. Mr. Somner reads pacn, deceit or dissimulation.

19. And let every widow that duly contains herself be [26. T.]
under God's protection and the king's ; and let her continue
a whole twelvemonth without a husband, [and] afterwards
marry whom she will.
20. And let every Christian man act as it concerns him, [27. T.]
let him diligently mind his Christianity, and often resort to
his shrift, and confess his sins without shamefacedness, and
diligently perform his satisfaction, as he is taught. And let
him prepare himself to go to housel thrice a year at least,
when he is willing to know his duty, as it concerns him [to
dot].
21 . And let every one of our friends frame his words and [2S. T.]
works according to right, and carefully observe his oaths and
contracts, and banish all that is contrary to right out of the
land, so far as man can do it. Let treasonable practices and
all detestable breach of law be avoided, that is false weights,
wrong measures, false testimonies, obscene "dancings J,
filthy copulations, horrible perjuries ; and devilish practices,
in privy murders, and man-slaying, and stealing and p rapine,
'and covetousness, and gluttony, and insolence, and intemper
ance, witchcraft and various breaches of the law in relation
to marriage and violation of orders, feasts and fasts, and
church-breaking, 'and q public mischiefs^f. And know, O [29. T.]
man, that all such like is 'to be avoided |], and never to be
' [)" relc * pacu totpsemeb, and let ' J [ppacodb.ee ptunga, shameful
every strife be appeased, T.] fightings, T.]
t [l Seappvge hine eac to hupe!- ' [on gitpungan ) on sipepnerpan,
gange, hujiu ppipa on geape, gehpa on orepmercaininorepryllan, on rpic-
hine pylpne be hip agene peapre pille cpjepcan, in cravings and in rapacious-
nnoeprtanban, ppa rpa him beapp lp. ness, in gluttony and in drunkenness,
And let every one who will understand in arts of fraud. T.]
his own need also prepare himself to '^f [t onmeemgepcynnepmipba'ban,
go to housel, at least thrice in the year, and in misdeeds of many kinds. T.]
so as it is requisite for him. T. ] ' || [to leanne, to be censured, T. ]
 488 LAWS ECCLESIASTICAL [A. D. 1009.

[30. T.] loved, but let men earnestly henceforth love God's right, in
word and work ; then would God soon be propitious to this
nation.
I read pnieunra, not pc
p rrpubunjan is here overlooked both by Sir H. Spelman, and Mr.
Somner.
' Plurimis gentribus malefaclorum, Sax. manner cynner mirbaeban.

[31. T.] 22. Come on ! let us likewise all diligently provide for re-
[32. T.] paration of peace, and of the coin* : let us so provide for the
reparation of protection, as may be best for the housekeeper,
and most dreadful to the thief; and so for reparation of the
coin, that the same money may go over all the nation, with
out any counterfeit. And let men rectify their measures and
weights, and henceforth desist from every thing contrary to
right. And let the reparation of castles and bridges be
begun in earnest, on all sides; as also the recruiting of the
army, and also of the fleet, when need is, as it is commanded
for the public necessity.
[33. T.] 23. And it is agreeable to a state of warf, that the fleet be
[34. T.] ready every year soon after Easter. 'And if any one damnify
a ship belonging to the public' fleet J, let him diligently
make satisfaction for it, and to the king for [violation of his]
protection : and if it be destroyed so that it be good for no
thing, let him pay the full worth of it, and violation of pro
tection to the king.
r When I had this passage under my consideration, I could not but
reflect on the known story of Wulfnoth, father to earl Goodwin, who was
this year accused for his design of corrupting, or destroying the fleet,
which the Saxon Chronicle represents as the greatest that the English
nation had ever yet equipt : it is sad to remember, how that great traitor
went off with twenty of the ships, and afterwards burned eighty more, and
by this means reduced the king and nation to the lowest ebb. It is scarce
to be believed, that Wulfnoth had accomplished his design so early in the
year as Whitsuntide, therefore it is probable, that this provision was made
upon Brihtric's information against him, as a person that had wicked
designs against the fleet ; nay it is possible that this law might be made

[XXXI. IVJuean eac ealle ymbe f [Xnbpphcbi'8,anditwillbepru-

rprSer-b' re ~\ ymbe reor-bote rmea- dent, T.]
Sean rpiSt geopne, L >t us also all very 'J [XXXIV. Sub pr. bj>a joker
earnestly deliberate concerning 'frithes- pypbrcip apypbe, and if any one of the
hot,' and concerning 'feos-bot.' T.] people injure a ship of war, T.]
A. D. 1009.] AND CANONS AT EANHAM. 489

the foregoing year, when the king determined with himself to prepare
this great fleet, and before there were any suspicions of Wulfnoth.

24. And if any one desert the army without leave, when [35. T.J
the king is there in person, let it be at the peril of his
honour.
25. And if privy murderers, or perjurers, or notorious [36. T.]
murderers be so audacious as to remain in the king's pre
sence before they have begun their satisfaction toward God
and the world, ' let it be at the "peril of their honour, and all
their estate unless they be 'supplicants*.
" For rhhron, Somner, whom I follow, reads plihcon.
' That is unless they come to implore the king's pardon, or to take sanc
tuary in his palace, in which cases the king was supposed to take care,
that satisfaction was made to the Church, and to all parties concerned.
Mr. Somner here turns rpib-benan causa refugii.

26. If any one conspire against the king's life, let him [37. T.]
incur the loss of his owu life, and of all that he hath : if this
be proved against him. If he will, and can make his purga
tion, let him do it by the deepest oath ; or by the threefold
ordeal by the English law, and by the Danish law, according
as their law is.
27. Tf any man commit u robbery against the law of Christ, [38. T.]
and the kingf, let him pay a were, or amulet in proportion
to the fact ; and if he resist, and be the cause of men's killing
of him, let him lie, without any payment [made] for him.
I turn ropj-rtel, robbery. Sir H. Spelman renders it oppositio, with
less probability, as I humbly conceive. The Latin had indeed, manifeste
reiUtit, but this may be instead of the Saxon jeonb ypbe in the last clause.

28. And if one defile a nun, or force a widow, let deep [39. T.]
satisfaction be made toward God and toward the world.
29. Let a man always study every method whereby he [40. T.]

[bonne phhte hi heopa ape -\ Foresteal. Assultussuperaliquem

e-allon heopa sehcon, huean hie rpi'5- in via regia factus ; accurately defined
benan pnban, then let them peril their in H. LXXX. 2, 4; from ' fore,' mite,
estate and all their possessions ; unless before, and 'stellan' to leap, spring;
they are ' frith'-suppliants. T.] therefore signifying, at least originally,
f [XXXVI II. ffnb pp hpa jopjteal an assault, consisting in one man
onj;ean lah-pihe tpirrej- obbe cynin- springing or placing himself before
ger ahpaji gepypce, and if any one another, so as to obstruct his progress,
against the law of Christ or of the king, Thorpe, Glossary.]
commit ' forateal' any where, T.
 490 LAWS ECCLESIASTICAL [A. D. 1009.

may best consult for the necessities of the nation, and most
effectually advance right Christianity and abolish every thing
contrary to law. For by this meaus reformation shall be
made in the land to some [purpose] , when what is contrary
to right is depressed, and righteousness is loved both in re
gard to God and the world.
[41. T.] 30. But now we will charge the "servants of God, that
they in an especial manner would with caution bethink them
selves, and with God's help love chastity, and zealously follow
their books and their prayers ; and by day and by night full
oft call to Christ, and earnestly intercede for all Christian
[42. T.] people. We will also remind every friend, as we have great
need also to do, that he earnestly bethink himself, and turn
from his sins, and dissuade other men from what is contrary
to right ; and that he full oft have in his mind what it con
cerns men most frequently to remember, that is, that they
have a right uniform belief in the true God, who is the
governor and maker of all creatures, and that they rightly
hold right Christianity, and attentively hearken to divine
teachers, and earnestly follow the doctrine and laws of God ;
and that they do every where promote the peace and protec
tion of God's churches, and often visit them with light and
offering, 'and there often pray to Christ in their own per-
[43. T.] sons*: that they duly pay God's rights every year, and so-
[44. T.] lemnly observe feasts and fasts, and desist from marketings
[45. T.] and county courts f on Sundays; and that they defend and re-
[46. T.] spect the servants of God ; and comfort and feed God's poor ;
[47. T.] and not too often molest the widow and step-child ; but to
[48. T.] make them rejoice; not to provoke nor injure strangers, and
[49. T.] far-comers ; not wish too vehemently to others what is con
trary to right ; but that every man wish that right to others,
which he desires himself. And this is in earnest right law J.

' [t hrg fyhe J"6!1 S^P"6 eo hS0- And that they do not altogether
Lpirte jebibban, and that they there too much command injustice to other
earnestly pray to Christ T. See above men ; but that every man enjoin to
p. 465, note J.] others that justice which he desires
t [rolcij-cpa gemoea, popular meet- shall be enjoined to him, according as
ings. T.] it is reasonable : and that is very just
t [XLIX. JCnb } hi opum man- law. T. ' Here probably as at p. 1+S,
num unpiht ne beoban esllerco rpifle, c. 29, we should read be bam be hir
ac manna gehpilc cSpum beobe "b pihc mse'S p. according as his condition
p he pille 1> man him beobe, be bam may be. T. * Here MS. D closes. T.]
j>e hit1 masS p8, ~i i if Tfy^Se pihc
A. D. 1009.] AND CANONS AT EANHAM. 491

* Bishop Kennet supposes that the abbey of Ensham having lately been
erected, these provisions were made with a particular regard to the monks
now settled there. Paroch. Antiq. in an. 1009.

31. He who henceforth is in contempt of the right law [so. T.]

either of God or men, let him diligently make satisfaction,
y wheresoever it is due*, as well with divine discipline, as
with worldly correction : and if any money arise on account [51- T.]
of divine satisfaction f, according as the wise men of the world
have fixed the rule, that is to be applied, at the command of
the bishops, to the purchasing of prayers, to the relief of the
poor, to the reparation of churches, to the instructing, cloth
ing, and feeding, of them that serve God, 'and [to the pur
chasing] of bells, books, and church vestments, and never to
any worldly idle pomps. But as to what concerns worldly
corrections',for religious wants : sometimes by mulct,
sometimes by weregild, sometimes by the heals-fang, some
times by the Danish fine, sometimes by [loss of] honour,
sometimes of estate; sometimes by a greater [punishment],
sometimes by a less {.

' Ad utrumcunque speclant. Somner.
' Some words seem wanting in this place.

32. And as men are more potent in regard to the world, [52. T.]
or aby means of the dignity of their order , so shall they
make the deeper satisfaction, and pay the dearer for their
crimes. For the potent and the impotent are not all alike,
nor can they bear the like burden ; nor is the healthy more
like the sickly : and therefore estimates^ and distinctions
are discreetly to be made between the old and young, the
wealthy and indigent, the firm and the infirm, and every rank

[rpa hpeefiop rpa hit gebypige, and for bells, and for church-garments;
in whatever manner is fitting. T.j and never for worldly idle pomp; but as
f [LI. JTnb gip pop gob-bocan reoh- a secular correction for divine purposes,
boc apipe'S, and if lor a ' god-bot' a sometimes as 'wite,' sometimes as a
pecuniary 'bot' shall arise, T.] ' wergyld,' sometimes as 'hals-fang,'
'X [l eo bocan, -j eo bellan, 1 Co sometimes as 'lah-slit;' sometimes in
cipic-pasban, -j nssppe Co popolbhcan estate, sometimes in goods; and some-
ibelan jlensan, ac pop popolb-pceopan times in more, sometimes in less. T. ]
Co gob-cunban neoban, hpilum be pice, [obbon puph gebingSa beappa on
hpilum be pep-gilbe, hpilum be half- habe, or through dignities, higher in
jranse, hpilum be lah-plihte, hpilum be degree, T.]
ape, hpilum be tehee, -) hpilum be ma- i] [l by man pceal medmian, mode-
pan, hpilum be Irerpan. And for books, ration is therefore to be used, T.]
 492 LAWS ECCLESIASTICAL [A. D. 1009.

both in religious shrift and in worldly correction. And if it

so happen, that a man doth any misdeed unwillingly and un
designedly, this is not at all like that misdeed which a man
does through self-will and design. And he also that acts out
of necessity in what he does amiss, he deserves favour, and
always a better doom, when he acted through necessity in
what he did amiss.
* Somner, hcereo . . . eatimationem, dignitatem, promotionem.

[53. T.] Let every deed be cautiously distinguished; aud let the
doom be formed with judgment according to the fact, and
moderation [be shewed] according to the quality [of the
offender] both in regard to God, and the world. And let
mercy be used for the fear of God, ' and lenity, and favour in
part to them that have occasion for it * ; because we all have
need, that our Lord full oft thus indulge His mercy to us.
Amen.

In the Latin there is this further addition.

[Sir H. In these, and in all points let all things contrary to equity
voT'l"""' Rad Justice> which rung bN., together with his great men,
p. 528-9. decreed to exterminate, be always and every where cast off,
vol. i. ' banished and wholly excluded ; and let justice and truth be
p. 2<j4.] ever observed ; so perfect peace, plenty of fruit, and of all
good things shall abound in the country, the Lord guarding
us, who liveth, &c.

" It seems evident that he who made these additions was not Wulfstaa
the archbishop of York, who was present in this assembly : for he would
no doubt have given us the first letter of his own name, as well as of Kins
Ethelred's, in whose reign the council was holden, rather than have put
the letter N for both ; if he had not further given us such name at large.
The hasty transcriber, having forgotten the name of the king and arch
bishop before he had finished the transcript, rather chose to make a balk,
than to turn two or three leaves backward to the preface, where both
their names are written at full length, and by reviewing whereof he might
have refreshed his memory.

' [t IrSige man eonne, 7 beopge ness be willingly shewn, and those be
be ble, bam be heapr ry, and kind- somewhat protected who need it. T.J
A. D. 1009.] AND CANONS AT EANHAM. 493

All the great men that then were faithfully promised that
they would observe these legal statutes and decrees authori
tatively published by King N. in our synodal convention,
therefore I, N. (the grace of God thus ordering) archbishop
of the people of York, being touched with the love of God
and man, have recorded the same for the memory of pos
terity, and for the [souls'] health of them that are, and are
to be.
 A.D. MXIV.

KING ETHELRED'S LAWS ECCLESIASTICAL.

Preface.

There are four collections of laws, made at four several

places, in the reign of King Ethelred, beside those of ^Enham ;
the three first of these contain nothing relating to the
Church : this last contains none but religious laws : they
were made at a place called Habam ; though Mr. Somner
says it is written Badam in a manuscript of old belonging to
the monastery of St. Augustine at Canterbury; afterwards in
the hands of Sir Simon d'Ewes *. They are the last of his
laws, and therefore probably made toward the latter end of
his reign, when the Danes had overpowered him, and had
the main of the whole nation subject to them. I place them
in the year 1014, when he was invited home to his people,
from Normandy, whither he and his queen had gone for
shelter: then he promised to rectify all that mal-adminis-
tration with which he was charged : and the addition to the
seven following laws concerning the office of a judge, seems
to be a correction of former miscarriages. They are pub
lished in Latin only.

[In Ancient Laws, &c, Mr. Thorpe ham are the sixth collection, and those
gives nine collections of laws made in at Habam the eighth ; the fifth, seventh
the reign of King Ethelred (A.D. 978 and ninth are also ecclesiastical.]
1016) of which those made at JEu-
 A.D. MXIV.

1. That in the first place the one God be loved and Latin.
Sir H
honoured above all things, and that all men * obey their speiman,
king, as their ancestors [did, when] they did it best, and v<)1- '
together with him defend his kingdom. And it was ordained [Bromtcn,
in the first place, that God's mercy and assistance be invoked y^ms
with fasting, alms, confession 'and abstinence from all mis- vol. i.
doings, and from injustice f ; and that one penny be given Thorpe,
out of every b plough land, or what is worth a penny; and P- H**-]
let every one that has a c plough land make every d hirman
pay one penny. And if he have it not, let his lord pay it for
him. And let every thane epay tithe of all that he hath.
This looks like a recognition of King Ethelred's authority upon his
restoration.
1> Lat. caruca for carucata. N.B. These two first laws, as to sub
stance, but in a different method, are extant in the Saxon, in a MS. of
CCCC, marked S. 18, and printed by Mr. Wanley in the third1 volume ' [second. ]
of the Thesaurus, p. 138 J.
c Lat. familia, which is commonly taken to signify in these writers
the same quantity of land that a hyde or carucata does ; and Bede uses
the word in this sense ; but it is to be observed, that the quantity is not
certain, but sometimes it implies but sixty acres, sometimes above double
that quantity. Some land is more easily ploughed than others ; some
servants and horses can plough as much again as others ; what was com
monly ploughed in the whole year by one plough and team was called a
plough land. Mr. Somner supposes that this penny is the Bulh-alms
elsewhere mentioned : but to me it rather seems to have been an extra
ordinary charity on this sad occasion of the nation being overrun with
the Banes.
[Compare the note herewith note a on answer 1, BCCXXXIV., where I [Addenda.]
suppose a plough land to have been under thirty acres in Bede's time.

* [Eth. viii., from Bromlon (in X. great army came to land,' is also given
script.) collated with the Macro and by Dr. Hickes in his Dissertatio Epi-
Holkham MSS. ] stolaris, together with other Anglo-
' f [et abstinentia, et malefactis et Saxon fragments clearly connected with
injustitia abstinere. S. W. T.] K. Ethelred's Laws at Habam : see
X [This document entitled pir man Hickes's Thes. Diss. Ep., p. 107-8,
gepasbbe ha re imcele hepe com eo also Sermo Lupi, A.D. 1014; ibid,, p.
lanbe, 'This was appointed when the 99 106.]
 496 king ethelred's [A. D. 1014.

When I say it is sometimes sixty acres, sometimes double that quantity, I

fear this ought not to be applied to the age of King Ethelred, but rather
to that of Richard I., and the following times.]
d The priest's hirman, or hyreman, was what we call a parishioner. It
is in Saxon hineb-tnan, one that belongs to a convent, and then the Lord
[Addenda.] is the head of the convent, [or one belonging to any family at large,
then the master of the family is the lord.]
e Hero I follow Mr. Somner's conjecture, who supposes that it ought to
be decimet instead of detenet *. The MS. aforesaid confirms Mr. Somner's
conjecture. There it is heajrob-m. ceoJ>iiin, which is meant of an occasional
tithing in devotion to God, not of the yearly tithes.

2. And we ordain, that every Christian who is of age,

' fast f three days in bread and water and raw herbsf before
the feast of St. Michael, and let every man go to confession
and to church barefoot; and let every man renounce his
sins by making satisfaction, and ceasing from them. And
let every priest with his people go in procession three days
barefoot ; and besides this let every priest sing thirty masse*,
and every deacon and clerk thirty psalms; and let every
one's commons for three days be prepared, without any thing
of flesh, as they themselves were to eat it, both in meat and
drink, and let all this be distributed to the poor. And let
every servant be excused from labour these three days, that
he may the better perform his fast ; [or] let him work what
he will for himself. These are the three days, Monday,
Tuesday, and Wednesday next before the feast of St. Michael.
If any servant break his fast, let him make satisfaction with
his hide ; let the poor freeman pay thirty pence ; the king's
thane a hundred and twenty shillings ; and let the money be
divided to the poor. And let every priest, town-reeve, and
tithingman be informed, that this alms and fasting is accom
plished, so as they may be able to give their oaths of it upon
the holy * things.
' While Apulia was infested by northern invaders, the Christians there
obtained a signal victory, and were made believe that this was done by
the assistance of St. Michael, whose help they had invoked by three days'
fasting and humiliation : there can be no doubt, but the fast here enjoined

[decimet, T.] lowed by Johnson and Wilkins, agrees

' t [jejunet tribus diebus in pane et with the Anglo-Saxon documents in
aqua et bis Orudis, T. Spelman's llickts's Diss. Ep., p. 107-8, already
emendation of 'herbis' for 'bis,' fol- mentioned.]
A. D. 1014.] LAW8 ECCLESIASTICAL. 497

was in imitation of that in Italy. But it is observable that there were in

this age two Michaelmas days in the year. For a church was erected to
this angel in Mount Garganus, where he was believed to have appeared
and to have obtained a victory for the Christians ; the foundations of this
church were laid on the 8th of May, and it was consecrated on the 29th
of September, by which means both these days became stated festivals.
Durandus mentions but one of these, and that immediately after the In-
ventio Cruris *, which must therefore have been the first ; and there is
reason to think, that this is the feast mentioned in the law now before us':
for May, not September, is the time for military expeditions ; but the
latter is called Michaelmas in the Saxon Chronicle, A. D. MXI. They are
both set down in the Saxon menology published by Mr. Wanly, in Ling.
Aquil. Thes., 1. ii. p. 107t, &c. This menology seems to have been made
after the year 828, because it places All Saints' day on November first.
But this was kept on the day of St. John Portlatin, in May, till Gregory
the Fourth, who was advanced to the popedom in the year 828, translated it
to November first, yet it was drawn probably before the end of that cen
tury : for St. Swithun and St. Edmund are not there mentioned. The
menology published by Dr. Hicks in Saxon Grammar, p. 203, &c, men
tions but one Michaelmas, and that on September 29 ; this therefore
is recent in comparison of the other. Michael is said to have made
another appearance in Monte Tumba. The feast kept for this is on
November 16.
In Latin Sanctis, without any substantive. It may be translated ' holy
things,' 'relics' or 'books,' for oaths were made in this age on crosses, relics,
mass-books, &c, as well as on the Gospels.

3. And we charge that one mass be sung every day in

the morning in every congregation for the king, and all his
people, [we mean] that mass which is entitled h against the
pagans J. And let the convent sing at every [canonical]
hour, with their limbs extended on the earth, the psalm, "Lord [Ps. ill. 1.]
how are they increased that trouble me," &c, and the collect
against the pagans, and let this be done as long as we are
under this necessity ; and in every college, or convent of
monks, let every single priest celebrate thirty masses for the

[Durandi Rationale, lib. vii. c. Octobr. Dedicatio /Ecclesia; Sci Mi-

12. n. 3. There can be no doubt that chaelis Archangeli,' vol. i. p. 502, ed.
the feast meant in the above law of K. Thorpe; Anglo-Saxon version of Holy
Ethelred is the dedication of St. Mi- Gospels, ed. Thorpe, rubric, Matt,
chad's church, Sept. 29, first celebrated xviii. 1.]
at mount Garganus in Italy, A.D. 493. + [Hickes, Thes., vol. ii. p. 107-8.]
The feast on the eighth of May was j [HI. Et pra?cipimus ut in omni
called ' Appr.ritio Sancti Michaelis.' congregatione cantetur cottdie commu-
Compare Butler's Lives of Saints, May niter pro rege et omni populo suo una
8th and Sept. 29th; Smith's Bede, p. missa ad matutinalem missam, qua;
427 ; Homilies of /Kline, ' III. Kal. inscripta est contra paganos. T.]
JOHNSON. I i
 KING ETHELRED S [A- D. lOlt.

king and all the people, and let every monk sing thirty
psalters.
h There is 6till a service in the Roman missal styled contra Paganot.

4. And we charge that every man for the love of God and
His saints, pay the Church-scot, and his lawful tithe, as he did
in the days of our ancestors, when he did it best ; that is the
tenth acre, as the plough goes ; and let every custom be paid
for the love of God, to the mother church, to which it be
longs : and let no man take from God what belongs to Him,
and what our ancestors have granted.
5. And we forbid any one to be sold out of his native
country : if any presume to do this, let him be far from the
benediction of God, and all the saints, and from every thing
that belongs to Christians ; unless he repent, and make satis
faction as the bishop shall direct.
6. And we forbid all robbery to every man : and let every
man be deemed worthy of common right, whether rich or
poor. And if any man have committed robbery, let restitu
tion be made, and satisfaction1, according as he did it before
or after*. And if any reeve have committed it, let his satis
faction be double to what should have been adjudged to
another man.
1 I conceive the meaning to be, that he who committed robbery after the
making of this law should be liable to a more severe sentence, than he who
had done it before. Else I must confess that I do not understand it.

7. And let the alms-money be paid here at the feast of

St. Michael : if any where else there be an arrear, [let it be
satisfied] by a full mulctf. And let k God's rights be paid
for the future every year, as to all particulars aforesaid, for
the love of God and His saints ; that so Almighty God may
shew us mercy, and grant us victory over our enemies, and
peace; 'for which let prayers be diligently made, that we
obtain God's mercy heref, and hereafter rest without end.
Amen.
[sicut prius et postea stetit, T. witam. T. Spelman and Bromton read
The last word is 'fecit' in Spelman 'hie.']
and in Bromton, ed. Twysden.] 'J [quern sedulo deprecemur, ut mi-
f [VII. Et reddatur pecunia elee- sericordiam ejus consequamur hie et
mosina: hino ad festum Sancti Mi- gratiam, T.]
chaelia, ai alicubi retro ait, per plenam
A.D. 1014.] LAWS ECCLESIASTICAL. 499

k The reader cannot but see, that one principal design of this assembly
was to secure the payment of ecclesiastical rigtits. And it is probable, that
tlie misunderstandings between the king and his clergy were one chief oc
casion of his leaving England ; and that the amendment of his adminis
tration, which he promised before his return, was meant principally in
relation to ecclesiastical rights.

Of the office of a judge.

8. A judge ought to acquit himself in all respects, both as Latin.
to mercy and judgment, so as in the first place to decree spdman,
satisfaction in proportion to the crime, according to right vol. i.
knowledge ; and 'yet to do it in measure, for mercy's sake. Bromton,
Some crimes are deemed by good judges to be satisfied for P- 903-l
according to [strict] right: others to be pardoned for the
mercy of God. Judgment ought to be without m' haderung,'
that they may not spare to pronounce common right against
rich "and poor, against friend and enemy. And nothing is
more unjust than taking bribes for subverting of judgment;
because gifts "blind the eyes of the wise, and pervert the words [Deut. xvi.
of the just, the Lord Jesus hath said, " with what judgment ye ,' j ..
have judged, ye shall be judged." Let every judge fear and 2.J
love his [sovereign] Judge, who sees all things, lest at dooms
day he be dumb in His presence*. He who oppresses the
innocent and acquits the guilty for money, love, or hatred,
or out of any faction, shall be oppressed by the Almighty
Judge. Let no lord depute any imprudent or wicked
judgesf, lest the one through ignorance, the other out of
covetousness, decline from the truth, which he hath been
taught. For the poor are more grievously worried by wicked
judges, than by the [most] violent enemies : no enemy more
bitter, no plague more effectual, than a domestic adversary.
One may by flight or defence escape wicked penemies; but
not judges when they are ill affected to the subjects. Good
judges often have evil deputies, or ministers, whose principals
become guilty if they do not restrain them, and put a stop
to their rapacity. For the qLord and minister of the world
[Timeat omnis judex et diligat t [Et nullusdominus, nulla potestas
Deum judicem suum, ne in die judicii stultos aut iniprobos judices constitu-
mutus fiat, et humiliatus ante oculos ant, Br.]
judicis cuncta videntis. Br.]
i i2
 500 king ethelred's LAWS ECCLESIASTICAL. [A. D. 1014.

[Rom. L says, " not only they who do, hut consent to evil are worthy of
* eternal death." Wicked judges do often pervert judgment,
and not finish a cause till their own desires are satisfied;
and when they judge not deeds, but study for bribes, they
[Zeph. iii. are according to the word of wise men, "like greedy wolves
in the evening, which leave nothing till the morning ;" that
is, they consider only the present life, and not at all that
which is to come. Wicked reeves are wont to take away all
they can, and not to leave so much as necessary subsistence.
An angry judge cannot 'attend to the just satisfaction of the
doom [book] , for through the blindness of his fury be cannot
discern the right, though never so clear. Judgment is just,
when there is no consideration of persons, for it is written,
[Deut. i. " regard not the person of man in judgment." Taking of a
'' bribe is an abandoning of the truth.
1 For turn read tamen. Somner .
* This word seems to signify, ' respecting of persons,' quasi Dibc-apunj.
For dimitti, read diviti. Somner. For rectori, read recitari. Somner.
Sir H. Spelman does also own these two last readings in his glossary in
the word ' haderung,' however he came to overlook them here. I must also
observe, that I read ut for quod, immediately after ' haderung.' The whok
was certainly originally in the Saxon tongue : the translation probably
was never exact, but the transcribers have made it worse.
* For excitunt read exccecant. Somner.
p Forjudices read inimicot. Somner f.
* The Lord Christ, by His minister St. Paul.
* Attendere, not accedere. Somner.

* [so Bromton.] cept this, which nevertheless seems s

f [AllSomner'sreadingsherequoted nectssary emendation.]
by Johnson agree with Bromton, ex-
 A.D. MXVII.

KING CNUTE'S LAWS ECCLESIASTICAL.

Preface.

This year Cnute king of Denmark became king of Eng

land, and reigned till A. D. 1036 ; within this space of time
the following laws were made, but in what particular year is
not known.

This is the provision which Cnute, king of all England, and Saxon.
of the Danes and Norwegians, made with consent of his wise speinian,
men to the praise of God and his own royal dignity, and the vo,"p
benefit of the people, at the holy midwinter-tide at Win- [wnkins,
Chester. 2gj
1. The principal point is, that the one God be ever loved Thorpe,
beyond every thing, and one Christianity uniformly observed, v. a.,
and King Cnute be duly and truly loved and honoured. P- 532-l
2. And that God's churches have peace and protection,
and be duly frequented, to the health of our souls, and for
our own benefit. Every church is of right in Christ's own
protection ; and every one that belongs to Christ hath great
occasion to understand the great value of this protection.
For God's protection is most to be desired, and regarded of all
others; the king's in the next place. It is most just, that
the protection of the church within its own walls, and that
given by the hand of a Christian king, be ever inviolate : and
let him who greatly breaks either of them, suffer the loss of
lands and life, unless the king will pardon him. If any man
ever from henceforth do so break the protection of the
church, as to slay a man within its walls; then no satisfac
tion is to be accepted; and let all that are friends of God
[Mr. Thorpes Saxon text of these Jaws is from MS. (Cott. Nero A. 1.) G.]
502 KING CNUTE's [A. D. 1017.

pursue him ; unless it happen, that he make his escape and

betake himself to so "powerful a sanctuary, that the king on
tliat account grant him his life ; upon his making full satis
faction- both to God and man; that is, first that he pay the
price set on his own blood to Christ, and the king, and pur
chase to himself the protection of the law, so as to be capable
of making satisfaction. And if, with the king's consent, it
come to a composition, then let him pay the satisfaction for
breach of the church's protection, to the church, according
to the payment made for the great breach of the king's pro
tection; 'and let him procure a reconciliation of the church,
as is necessary on this occasion* ; and let him pay full satis
faction to the kindred, and to the lord, and especially let him
compound it with God, with all diligence.
Some sanctuaries had larger privileges than others, and could protect
men for treasons, and other most enormous crimes, as others could not.
St. Peter's at Westminster had as great privileges as any in this province,
and the church of St. John of Beverley in the other province.

3. If the protection of the church be violated by any other

means, let satisfaction diligently be made in proportion to
the fact, whether it be fighting, rapine, or whatever else ; 'first
let satisfaction be paid to the church for the violation of its
protection, and that according to the dignity of the church.
Nor are all churches of equal dignity in respect to the world,
though they are equally hallowedf. The breach of protec
tion in a head church is, in the case of satisfaction, equal to
the breach of royal protection, that is bfive pounds, according
to the law of the English J; and in a middling church, a
hundred and twenty shillings, which is the same with the
mulct to the king ; and in a lesser church, that hath a bury

' [t ba mynfTeji-cltenrunsebegiee the rank of the church may be. All

rpa b.vp-ro Jeliypise, and the purifi- churches are not secularly entitled to a
cation of the minster be gotten, as is like degree of reverence, although di-
thereto befitting. T.] vinely they have like consecration. T.]
'f [llece man aepejT bone- Spi'S- t [Johnson omits "J in Lent-lanbe re
bpyre men beepe cipican, he b;nn be bam munbbpyi'e v. punb b*m cinjce "}
Te i b i b py, T he bi> be beepe eipican bl'eo b-m apcebrrcope,and in Kent for
m i ft ry. Ne pi b ealle cypi em na the'mund-bryce,' v. pounds to the king,
eticpe mitSf pe pu bli epup'o'ri'ipep anil three to the aichbishop. T. In
pyp&'e, belli l.ij; 5 b.uiib ice halgunse omitting this clause Johnson follow*
habban gelne. First, let ' but' be made Spelman, but Wilkins gives it a*
for the ' grith-bryce' to the church, Thorpe.]
according as the deed may be, and as
A. D. 1017.] LAWS ECCLESIASTICAL. 503

ing place, but where little service is done sixty shillings ; and
in a country church, where there is no burying place, thirty
shillings. .
k Five pounds seems to be double to a hundred and twenty shillings,
that is, it was two hundred and forty shillings ; but this is upon supposi
tion that the pound was forty-eight shillings, as most antiquarians have
laid it, it will not be so by any other computation : and by this means the
diminution of the payment bears a proportion to the dignity of the church.
Two hundred and forty shillings for a first-rate church, one hundred and
twenty for a second-rate church, sixty for a third-rate church, and thirty
for a fourth-rate church.

4. It rightly concerns all Christian men to observe the

peace and protection which belongs to every holy thing and
person, and God's hallowed house; and that they honour
every order according to its dignity : therefore* let him that
will, or can, understand, that great and remarkable is that
which the priest hath to do for the benefit of the people, if
he aright propitiate the Lord ; 'great is the exorcism, remark
able is the consecration, [by] which he expels the devil f, and
puts him to flight, as oft as he baptizeth a man, or conse
crates the housel, for angels glide about the place, and guard
those holy actions, and assist the priest with a divine power,
as oft as he duly ministers to Christ ; and this they always
do, when with inward earnestness of heart they call upon
Christ, and intercede for the wants of the people. And a
diligent man ought distinctly to know the dignity of orders
in the fear of God J.
5. If it happen that a priest who lives regularly be im
pleaded for crimes, and want of skill , and he knows himself
to be clear, let him say mass, if he dare, 'and make his pur
gation by himself alone, if it be a csingle accusation^ ; if the
accusation be triple, let him purge himself on the housel if

[jrojvSam, because, T.] orders. T. Spelman's text has ] hrgman

'f [ COicel lr reo halrung -j msene ir rceal, which Johnson translates 'And
reo haljung be beojrla ajr ypraiS, much a diligent man' Sic; there can be no
is the supplication, and great is the doubt that Thorpe's text and transla-
hallowing which sendeth away devils. tion is right]
T.] [uncprejxum, evil practices, T.]
X [T bi man reeal pop tobej" ee ' ^f [) labile on bam liup'e, j-yljr
ma?'5e on hi.be jecnapan nub serceabe, hire rylpne, aer nnpealbpe rppsjee, and
and therefore, tor fear of God, rank is himself clear himself on the housel, in
discreetly to be acknowledged in holy a simple suit, T.]
504 KING CNUTe's [A. D. 1017.

he dare, together with two of the same order with himself*.

If a deacon that lives regularly be impleaded by a single ac
cusation, grant him two of the same order, and let them
make purgation with him. And if he be impleaded by a
triple accusation, let him take six of the same order, and
make his purgation, himself being the seventh. If a vulgar
mass-priest that has not lived regularly be impleaded, let
him purge himself as the deacon that has lived regularly. If
a minister of the altar that hath no friends be impleaded,
and has none to support him in his oath, let him go to il cots-
ned,' and be the event as God will; unless he be allowed to
make his purgation on the housel. If a man in orders be
impleaded for a mortal feud, and that he has been principal,
or adviser in a murder, let him make purgation with his
kindred, who must support the feud together with him, or
else make satisfaction for it. If he is without kindred, let
him make purgation with his equals, or betake himself to
fasting, if he be forced to it, and go to the ' corsned,' and be
the event as God hath decreed. There is no occasion by
right for any monk either to demand, or to pay, any satisfac
tion for a feud in any place : he deserted all rights of cogna
tion, when he submitted to the monastic law. And if a mass-
priest do ever any where stand by a false testimony, or a false
oath, or be a complice or principal in any theft, theu let him
be expelled from clerical communion, and lose the privilege
of e brothership and friendship, and all '[worldly] worship,
unless he make deep satisfaction with God and man, as the
bishop directs, and find surety to abstain from such like from
thenceforth for ever. And if he will purge himself, let him
do it according to the quality of the fact, either by triple or
8 single purgation.
0 That is, an accusation by three men ; a triple accusation is when there
are six accusers.
d This was an inferior sort of ordeal ; it is commonly supposed to have
been eating of dry bread, and praying that it might choke them if they
Were guilty. It is more probable, that it was eating barley bread with
cheese, after several prayers and ceremonies used over it by the priest, to
discover whether he that was to eat it were guilty or not. See the ' Exor-
cismus Panis bordeacei, et casei,' transcribed from the Textus Roffcnsis, in

[See King- Wlhtred's Dooms, A.D. 696, o. 182+, pp. 149 sqq.]
A.D. 1017.] LAWS ECCLESIASTICAL. 505

the Fasciculus Rerum, vol. ii. p. 910 *. N.B. There is in the decretals
of Greg. IX., t. xxxiv. c. 8 f, a story of a priest who being suspected of
murder, pretended to have purged himself by cold-water ordeal.
e Brothership signifies that privilege which they had by being members
of one of those fraternities mentioned in the 9th canon of King Edgar,
960.
[In the Textus Boffensis, p. 222, we have an account of what devotions [Addenda.]
and alms the convent there was to perform for their mates in other
monasteries when they died, with this inscription, Quid pro defunctit
sociia facere debemus. Then it begins by setting down what must be
done, " For the monks of Christ-Church, Canterbury, viz., seven entire
offices, Verba mea (the fifth Psalm) for thirty days, every priest seven
masses, others [fifty] psalms. For the monks of St. Austin, the apostle of
the English, three offices in the convent For the nuns of Mellinges
(Mailing) as much as for the monks of Christ-Church, Canterbury. For
the monks of St. Martin of Battel, three offices in the convent, without
Verba mea. Every priest seven masses, others [fifty] psalms, and let
three poor men be entertained one day." Most of the great monasteries
in England, many of those beyond sea, have a certain tale of masses,
psalms, or other devotions there assigned, to be performed at the death of
any of the religious of those houses. By this we may perceive in some
measure, how the monks (I mean the best of them) spent their time. The
priest that broke this fifth law of Cnute's, forfeited his right to these
devotions, which his mates would otherwise have performed for him at his
death ; and all assistance likewise, which they might give him, while
living.]
' See the next law.
e Here I follow the old Latin translation. The Saxon instead of this
says, what it had said in other words before, that the purgation must be
in proportion to the law.

6. Our will is, that all ecclesiastics carefully obey their

proper rule ; and that the servants of God, bishops, abbots,
h monks and mynechens, canons and nuns, do this in an
especial manner, and live regularly ; and day and night full
oft call upon Christ, and earnestly intercede for all Christian

* [The same extracts are given in extracted. In Christian times the host
Hearne's Textus Roffensis, p. 33-7, be- was used for this purpose. From 'cor,'
ginning with these words, ' kur,' trial, proof. Grimm. D. R, A.,
" Incipit exorcismu< panis ordeacii et p. 932. See also D. M. p. 642, note."
casei, quorum appensio unius unciae." Thorpe, Glossary. The latter part of
" Coksn.-kd, panis conjuratus, ofta the word is piceb, a slice, connected
consecrata: a species of ordeal, in which with rniNan, to cut, as in German,
the accused had to place in his mouth schneiden. See Bosw. Diet rnasb and
a slice of bread or (rather and) cheese; rm'San.]
if he ate it freely and without hurt, he + [Secret. Greg. IX., torn. v. tit 34.
was considered innocent; but guilty if c. S. ap. Corp. Jur. Can., torn, ii.]
it stuck in his throat, and had to be
506 KING CNUTE's [A. D. 1017.

people : and we command and charge all the servants of God,

and especially priests, that they obey God, and love chastity,
and secure themselves against the wrath of God, and the
furious flames that rage in hell. Let them know full well,
that they cannot of right converse with women in a carnal
manner. And let him that will desist from this and preserve
chastity, find mercy with God, and for his worldly worship
be worthy of the right of a ' thane. And let every Christian
man for fear of his Lord diligently avoid all unlawful copula
tion and duly observe the divine law.
h Monks, mynechens, canons, and nuns. By this it appears, that the
more regular veiled women were not in this age called nuns, but they who
were less strict in their discipline. The mynechens of the female sex
were on the same foot with the monks of the male ; and these were cer
tainly, as to their profession, the most exact and severe. The nuns of the
female sex answered to the canons of the male, and their profession was
not so rigid as the former. But this distinction is not every where to
be met with .
1 The thane was a minor nobleman, or a principal gentleman, as we now
speak. See Athelstan, 926, No. 2, 3, 4.

7. We enjoin, and charge, and command, in God's name,

that no Christian man do ever take a wife of his own kin
within the sixth degree of relation, nor the widow of a kins
man so nearly related to him, nor of the kindred of a wife
whom he formerly had, nor of his sureties at baptism, nor a
consecrated nun, nor a divorced woman ; nor practise any
unlawful copulation. Let no man have more than one wife,
and let her be a wedded wife, and let him remain with her
only, so long as she lives, if he will rightly observe God's
will, and secure his soul against hell flames.
8. Let God's rights be duly paid with diligence every yean
viz., plough-alms fifteen days after Easter, and tithe of yonng
by Pentecost, and of the fruits of the earth by ''All-hallows-
mass : and if any one then will not pay, &c. t As in the
third law of King Edgar.
[See above, p. 482, note .] minster to which it is due, and assign
t [And if then any one will not pay to him the ninth part j and let the eight
the tithe as we have decreed ; that is parts be divided into two, and let the
the tenth acre, so as the plough tra- land-lord take possession of half, half
verses it ; then let the king's reeve go, the bishop, be it a king's man, be it a
and the bishop's and the ' land-rica's,' thane's. T. Compare above p. 3*1,
and the mass- priest of the minster, and note f-]
take forcibly the tenth part for the
A.D. 1017.] LAWS ECCLESIASTICAL. 507

k By the equinox, says King Edgar's law 3, 958. Probably then they
were paid in the field, now in the barn, after they had been thrashed.

9. The Rome-fee is to be paid by Peter-mass : he that

detains it over that day, let him pay the bishop that penny,
and thirty pence more ; and to the king ' one hundred and
twenty shillings.
1 The Latin has one huudred and twenty instead of two hundred and
twenty in this and the next law.
10. And the Church-scot at Martin-mass, and let him that
detains it beyond that day pay m eleven times as much to the
bishop, and two hundred and twenty shillings to the king *.
m The Latin has XL, perhaps by mistake for XI.

11. This is the same with the second ecclesiastical law of

King Edgar, concerning the thane that hath a church on
his own landf.
12. And the light-scot thrice a year, first a half-penny
worth of wax on Easter-eve for every plough-land, and as
much again at All-hallow-mass, and again also at St. Mary's
Purification.
13. And it is most just that the "soul-scot be paid while
the grave is open. And if any corpse be buried in any other
than its proper district ; yet let the soul-scot be paid to
that minster 'to which [the deceased person] had been a
retainer J.
" This was an oblation to the priest for performing funeral rites, masses,
and other devotions in behalf of the deceased .

14. And let every man very diligently preserve God's

rights, as there is occasion. Let feasts and fasts be observed,
every Sunday feast from Saturday "noon till Mondaymorn-
ing light ; and every other festival, as is enjoined.
See 958, 5.

15. We strictly forbid Sunday's market, and county court

* [a5y]*e bine bam birceope, 1 KP~ t [See above, A.D. 958, c. 2.]
gylbe bine xi 'pSan, -j bam cinjce cxx.' ' J [be bit co-h jpbe, to which it be-
rclll, let him pay it to the bishop, and longed, T.]
indemnify him xi. fold, and to the king [" See Sir H. Spelman de Sepul-
cxx. shillings, T. eum reddat episcopo, tura, ad finem. The same law in Can.
et undecies persolvat, et regi cxx. soL Eanham, MIX. 14." MS. note, Wrang-
V. A. Lam bard has Vnbhran, (eleven) ham.]
and 'ccxx.]
508 KING cnute's [A.D. 1017.

also, unless in case of great necessity. And let huntings and

all worldly works be diligently forborne on the holydays *.
16. And let solemn fasts be observed (whether ember fast,
or Lent fast, or any other fast) with all diligence ; the fast
before all p St. Mary's masses, and before all the apostles'
masses, (excepting that we do not command a fast before
St. Philip and Jacob's, qon the account of the feast of Easter,)
and every Friday's fast, (unless it be a feast,) and no man
need fast from Easter to Pentecost, (unless oue be under
penance, or that he choose to fast,) or from mid-winter till
the octaves of Epiphany f.
p Viz., Purification, Annunciation, Assumption, Nativity, &c.
i All the fifty days between Easter and Whitsuntide were looked upon as
festival in a lesser degree.

17. And we forbid ordeal and oaths on festivals, and

ember, and Lent, and solemn fasting days ; and from Advent
till eight days are past after twelfth-tide ; and from Septua-
gesiraa till fifteen nights after Easter. And wise men have
chosen rSt. Edward's mass-day to be kept as a festival all
over England, on the fifteenth of the kalends of April, and
St. Duustan's mass-day on the fourteenth of the kalends of
June: and let there be common peace and unity on these
holy tides to all Christian men, as right is, ' and let all hypo
crisy be far away J. And if one have given security, or owe
a man satisfaction upon any temporal account, let him pay
it before or after.
r Edward, king of the West-Saxons, and of all England, was barba
rously murdered about the year 978, and was afterwards canonized for
a saint.

18. We charge all Christians, for God's love, that they

earnestly consider their own benefit. For we should all be
in expectation of the time when we should rather have
wrought the will of God while we might, than [enjoy] all
that is on the earth. Then we shall all have one single re-

[on bam halgan bage, S. W. T., MSS. A. B. or Spelman.]

on that holy day, T.] ' J [) selc racu totpaemeb, and let
t [1* ir reoyen n,hc orep epeljran every dispute be settled, T. Spelman
niKrre- beeje, W. T., that is seven days read -\ eelc jracn ro cpenieb.]
after the twelfth mass day. T. not in
A. D. 1017.] LAWS ECCLESIASTICAL. 509

compence, even that we have before wrought [for ourselves]

in our lifetime. Woe be to them that have deserved hell
punishment. But come on, let us most earnestly turn from
sin, and confess every one our misdeeds to our shrifts, and
for ever desist from and make diligent satisfaction for them,
and do the same to others, that we would have done to our
selves, (this is righteous doom,) and effectually propitiate
God. And he is perfectly happy, who hath held fast this
doom. For God Almighty made us all, and again bought us
all at a dear rate, that is with His own life, which He gave
for us.
19. And let every Christian act for his own benefit, and
have an earnest concern for his Christianity, and prepare
himself to go to housel three times a year at least. And he
that will know his own interest, let him industriously reform
every friend by word and work in that which is right * ; and
carefully observe oath and covenant ; and let all injustice be
driven out of this land so far as it is in the power of man.
And let God's right be earnestly loved henceforth, both in
word and deed ; then would God's mercy be nearer to us all.
20. Come on, let us do as we desire to teach, let us be
faithful and true to our lord, and ever defend his honour,
with all our might f, for whatever loyalty we perform to our
right lord we do it all to our own benefit, for God will be
faithful to such. Every lord also has to a great degree his
advantage in this, viz., that he duly keep faith with his 'men.
* His tenants and vassals.

21. Let every Christian carefully learn ever to love God in

wardly with the heart, and earnestly to maintain true Christi
anity, and diligently to attend to the divine doctors, and full
oft to contemplate and study the instructions and laws of
God to his own benefit.
22. And e charge that every Christian learn to know at

[-j j;e-pnise hine eac eo Impel- will understand his own need, so as is
Ka-ije hupu bpipa on jeape, Jehpa bine needful to him. And let every friend
j-Jljrne, he hir ajene beappe py'.le un- guide his words and works aright, T.]
beprT.nban, ppa rpa him beapp pig. f [Johnson omits T hip Julian Ser>'P-
yVnb popb ) peopc r),eon(la 5enPy'c can> an(l execute his will, T. These
pabige mib pihre, and also prepare words are also in Lambard, Spelman,
himself to go to housel at least thrice and Wilkin*.]
in the year j every one himself, who
510 KING CNCTE's [A. D. 1017.

the least the right faith, and be expert at Pater Noster et

Credo. For with one of them the Christian should pray to
God, and with the other declare his right faith. Christ
Himself first sang Pater Noster, and taught that prayer to
His disciples ; and in this divine prayer are seven petitions.
He that inwardly sings this he does his own message to God
for every necessary want, either in relation to this or the
future life. But how can a man ever pray inwardly to God,
'unless he have an inward faith in Him ? Therefore he hath
no Christian communion in the consecrated places of rest,
after death ; nor is he capable of the housel in this life *, nor
is he a good Christian who will not learn it ; nor can he be
surety for another at baptism, much more at the 'bishop's
hands, till he have first learned well to rehearse it.
* Confirmation.

23. And we charge a man to shield himself diligently at

all times against deadly sins and diabolical deeds, and let
him carefully make satisfaction (with the advice of his shrift)
who hath fallen into sin by the instigation of the devil.
24. And we admonish all men that they always guard
themselves against uncleanness, unlawful copulation, and
breach of wedlock.
25. And we strictly charge every one to have always the
fear of God in his mind, and that he be afraid of sin by night
and by day, and be in dread of doomsday, and to have a
horror of hell and an apprehension of his last day as always
at hand.
26. ' Let the bishops be preachers and doctors of God's
laws f ; and they ought diligently to give in charge, and
exemplify men's duty toward God. Let him that will, take
warning. For that shepherd will be found useless to his
flock, that will not at least give them a caution by lifting up
his voice, if any public invader make an attempt ; over and
[bucan lie on ob htehbe inpennb- hence, he may not, in community with
lice roSe lujre -j pilicne geleapn, pop- Christian men, rest in a hallowed bu-
bam he nan sejxep jrorrS-jrae nub rial-place, or here in life be worthy of
epij-cenpa manna emanan, ne on ge- housel. T.]
halj;ebnn hc-tune Co pejrene, obbe hep. 'f [Bij-ceopaj- ryuban bybelar ^
on life huyler beon pyp'Se, unless he Lober laje lapeopaj-, Bishops are
have inward true love for, and right heralds, and teachers of God's laws,
belief in God; for after his departure T.]
A. D. 1017.] LAWS ECCLESIASTICAL. 511

above other means that he may use. And there is no in

vader so mischievous as the devil. This is his only [aim]
how he may do most hurt to the souls of men. Then should
the shepherds be very wakeful and earnestly call out, who
are to protect the people against invaders; that is, bishops
and mass-priests ought to caution and defend the flock of
God with their wise instructions, that the furious wolf may
not tear in pieces, or bite too many of them, and he that
neglects to hear God's ambassadors, let him contend with
God Himself*. Let God's Name ever be blest. To Him be
praise, glory, and honour, for ever and ever. Amen.
* [hebbe hine gemame p piS Lob rylpie, let that be between him and
God Himself, T.]
 A.D. MXVIII.

Mr. Lambard has also published eighty laws of this King

Cnute : out of which these following are selected as relating
to the Church and religion, with a short preface in these
words.

Saxon. This is the secular provision, which I command, with the

p. 107. ' advice of my wise men, to be observed over all England.
Sir H. 1. This is the principal point that I command, that right
vol. i. ' law be advanced, and every thing contrary to it be de-
P-.^.2 molished; and that whatever is unrighteous be cut down
vol. i. ' and rooted up out of this land with all diligence, so far as
Thorpe possible, and that God's rights be upheld. And henceforth
p. 161. let every man, whether rich or poor, be esteemed worthy of
p. 536.1 right *, and let him be judged with a just doom.
2. We charge, that though a man commit such a crime, as
to have forfeited himself to the last degree, yet let judicature
be so regulated, that it be moderatef in respect to God,
tolerable bin respect to the world. And let him that pre
sides in judicature consider very seriously what he desires [of
God] when he thus says, " Forgive us our trespasses, as we
forgive them that trespass against us :" and that they do not
rashly condemn Christian men, especially to death, for mat-
. ters of very little moment; 'and in other cases J, that the
judicature be tempered with gentleness, for the public benefit.
But let not God's handy-work, and His purchase which He
dearly bought, be destroyed for things of small value.
* That is, to the penance to be enjoined by the bishop.
k As to the bodily, or pecuniary punishment to be inflicted by the
secular judge.

[yolc-pihter, of folk-rijrht, T. land. Thorpe, Glossary.]

Folc rhit, the original, unwritten un- t [sebeophhe, becoming, Tn cle-
derstood compact, by which every free- menlius, V. A.]
man enjoys his rights as a freeman. ' X [ac ellej", but rather, T.]
The common or customary law of the
 A. D. 1018.] KINO CNUTE's LAWS ECCLESIASTICAL. 513

3. And we forbid any Christian to be sold wholly out of

the land, or into a heathen country, lest the soul which
Christ bought with His own life should perish.
4. We command that a purgation of the land be under
taken from one end to the other ; and that there be a cessa
tion from all heinous crimes. And that if witches, or con
jurers, or privy murderers, or harlots are discovered any
where in the land, they be with all diligence driven out of
it, or that they wholly depart of themselves*. And we com
mand, that c apostates t and such as are outlawed by God and
man, be gone off the land ; unless they will submit and make
deep satisfaction : and that thieves and public robbers be
forthwith put to death, unless they desist.
" Probably sucb as had for many years continued obstinate under the
sentence of excommunication, or had forsaken religious assemblies, and
lived in neglect of all sacraments.

5. "We strictly forbid all heathenism, or that men worship

idols, or heathen gods, the sun, the moon, the fire, or the
rivers, fountains, or stones, or any kiud of trees ; or to
practise witchcraft, or to contrive any private murder either
by dlots, or firebrands, or to do any thing by such like jug-
ghngsj.
This was what was properly called sorcery, in Latin sortilegium.

6. Let murderers, and forswearers, and violators of holy

orders, and adulterers, either submit and make satisfaction,
or be gone out of the country with their sins.
7. Let eflatterers and liars, and rapperees, and free-booters
incur the severest wrath of God, unless they desist and make

[obbe on eapbe joprape hi mib illusions. T.

ealle, bucon hi jerpican -\ be beoppoji " The variation ' on hloEse' is only
jebecan, or let them totally perish in found in the least accurate of our MSS.,
the country, except they desist and the though it appears to have occurred in
more thoroughly amend. T. Compare the text used by the author of the old
Laws of K. Edw. and Guthrum, c xi. Latin version, 'aut in sorte.' There is
p. 335. Canons of Knham A.D. 1009, no other record of its existence, and
c. 4. [7. T.], p. 484.] 'on blote' is supported by the reading
4 [pi'8epracan,adversarie8,T.;pro'ep- of the N. P. L." Ancient Laws, &o.
racan, i.e. apostate, V. A.] p. 162, note a. Compare above, A.D.
\ Lohhe on blote obbe on ryphce 950, c. 47.]
obbe on rpylcpa Jebpimepa aems bins [Vll. Licetepar T leojepar, py-
bpeoje, or by ' blot,' or by ' fyrht ;' or pepar ~i peaj-epaf, Let cheats and liars,
perform any thing pertaining to such robbers and reavers, T.]
JOHNSON. K k
 514 KING CNUTE's [A. D. 1018.

deep satisfaction ; and he ought to correct such like, and to

avoid such like, who will duly purge the land, and depress
wrong and practise righteousness.
Or gluttons.
[18. T.]17. 8. Tlte same with the seventh law of King Edgar, thai the
bishop should sit upon the bench with the alderman*.
[38. T.] 9. What is contrary to right is allowed at no time ; 'yet a
L ' man ought to guard himself especially at holy times and
placesf, aud the greater his authority is, or the higher order
he is of, the deeper satisfaction shall he make for the wrong,
hoth in regard to God and to the world. And let satisfac
tion be always diligently sought for toward God by the canon
book J, and toward man by the secular law.
[39. T.]36. 10. If one murder an faltar-thane, let him be "outlawed
with God and man, unless he make deep satisfaction (by
pilgrimage) as well as with his kindred, or else hlet him purge
himself, as in cases of blood. And within thirty nights let
him begin to make satisfaction to God and man, with all that
he hath .
' That is a priest, against whom no objection lies. See Atheist. 1 1.;
* To be outlawed with God is to be excommunicated.
* Lat. Werelada se inleyiet, let him recover the protection of the law, by
paying a satisfaction as for blood ; and this better coheres with the rest o
the law, but I conceive the Saxon will not bear this construction.

[18. And thrice a year let there occidente. liijr hpa peori>b-ben arylle
be a ' burh-gemot,' and twice, a shire- ry he urlah jirS kob -j prS men, bucan
'gemot,' under penalty of the ' wite,' he buph ppec-pi) be beoppop gebece
as is right; unless there be need oftener. ^ eac jn$ ba msejfSe, obbe selabije
And let there be present the bishop of nine tnib pep-labe "j binnan bpimjum
the shire and the ' ealdorman ;' and mlica ainue bore, Btj'Seji Je pi'5 Lob
there let both expound as well the law ge prS men, be eallum bun be he age.
of God as the secular law. T. Com- 39. If any one kill a servant of the
pare A.D. 958, c. 7.] altar, (peojrob-ben,) let him be an out-
' t [l beah man pceal rpeolr-tiban law to God and to men, unless he the
J perren-ciban ~) on ypeolp-jropan more thoroughly make 'but' through
Seopnlicopt beopjnn, and yet at festi- exile, and also to the kindred, or clear
val-tides, and fast-tides, and in festival- himself by a ' werlad ; ' and within
places, one ought most earnestly to take thirty days let him set about the ' hot,'
care. T. et tamen est festis diebus et both to God and to men, on peril of all
sanctificatis locis propensius interdicta he possesses. T. A ' lab' equivalent to
(sc. injnsticia), V. A. Lye's interpre- the wergild of the party. Ancient
tatinn of rj>eolp-jtope seems prefer- Laws, &c. p. 171, note b.
able, ' Locus in quo festivitas conse- " In the compounds ' mrre-besn'
cratse diei celebrari solebat.' See An- and ' peojob-besu' the word ' )>e5n' is
dent Laws, &c, p. 171, note a.] not a title of honour, but is used in its
J [be boc-cale, according as the primitive sense of servant, minister."
books prescribe, T.] Thorpe, Glossary, art. Dejen.]
[XXXIX. De ministrum altaris H A.D.,926, c 2. [5.] p. 352.
A.D. 1018.] LAWS ECCLESIASTICAL. 515

11. If a man in orders, or a stranger be seduced to any 37.[4o. T.]

thing that touches his goods or life, then shall the king be
instead of kindred, and advocate to him, if he have none
else*. But let him make such satisfaction to the king, as is
customary, or else let the crime be severely revenged. For
it becometh a Christian king deeply to revenge offences
against God, with rigid justice, in proportion to the fact.
12. If an altar-thane be a manslayer, or commit any 38.[4i. T.]
grievous crime, let him suffer the loss of his orders, and of
his country, and go as far away in pilgrimage as the pope
enjoins, and diligently make satisfaction for it. And if he
will purge himself, let it be with a triple purgation. And
unless he begin his satisfaction within thirty nightsf, let him
be outlawed.
13. If one bind or beat or grievously reproach an eccle- 39.[42. T.]
siastic person, let him make satisfaction as right is ; and let
the bishop [have] the satisfaction due to the altar, according
to the dignity of [the injured person's] order ; and [let satis
faction be paid] to the lord or the king, 'as for a notable
breach of his protection J, or else let him purge himself with
a full purgation.
14. If an ecclesiastic have forfeited himself by committing 40.[40. T.]
a capital crime, let men overpower him, and reserve him to
the bishop's doom [which is to be passed] according as the
crime is.
15. If a man guilty of death desire confession, let no man 41. [44. T.]
ever refuse it him : if he do, let him make satisfaction to the
king with a hundred and twenty shillings, 'or bring him to
a purgation , let him take five men, and be himself the
sixth.
[XL. Lip man gehabobne man seems to give the true interpretation of
oj>be sslbeobigne buph aenrj binge pop- joppaebe, 'miscounsel:' the wrong of
yijebe, set jreo obbe aec reope, bonne personal injury seems rather to be the
j-ceal him cyningc beon pop uuej; 1 subject of law 13, below. Compare
pop munbbopan, bucon he ellep o'Sep- Laws of Edward and Guthrum, c. 12,
ne hlapopb haebbe, and if any one above, p. 335. Thorpe, p. 74, and
wrong a man in holy orders, or a EtH. IX. c. 33. Thorpe, p. 148.]
foreigner, through any means, as to f [pf5 Lob anb prS men, to God
money or as to life, then shall the king and to men, T. These words, omitted
be unto him in the place of a kinsman, by Johnson, are also in Lambard and
and of a protector, unless he have an- Spelman.]
oilier lord besides. T. ' % [be jrullan munbbpyce, accord-
In the words 'be seduced' and ' ad- ing to the full ' muud-bryce,' T.]
vocate,' Johnson follows the old Latin ' [obbe gelabige nine, or clear
version, which in the former instance, himself, T.J
Kk2
 516 KING CNUTE's [A.D. 1018-

[45.T.]42. 16. If man may govern*, let no one that has forfeited
himself ever be put to death on the Sunday's feast, except he
fly or fight; but let men overpower him, and keep him in
hold till the feast-day be past. If a freeman work on a
festival day, let him make satisfaction by the pillory, and
especially let him diligently make satisfaction with God, as
he is enjoined. If the slave work, let him forfeit his hide,
or a compensation for it in money, in proportion to the fact.
If the lord force the slave to work on the festival, let him
forfeit the slave, and let [the slave] be free. And let the
lord pay a fine among the Danes, a mulct among the Eng
lish, in proportion to the fact ; or else let him make his
purgation .

[Addenda.] [For ' the pillory' read the healrranS. See 696. 12, 13.]

[47. T.]48. 17. If a free man break a solemn fast, let him pay a fine
with the Danes, and a mulct with the English, in proportion
to the fact. It is wicked for a man to eat his first meal on
a fast day+ ; yet it is worse for a man to defile himself with
flesh. If a slave do it let him forfeit his 'hide J, in propor
tion to the fact.

1 That is, let him be whipped.

[48. T.]44. 18. If any one do openly break Lent by fighting, kun-
cleanness with women, rapine , or any mortal crime, let the
satisfaction be double (as likewise on high festivals) in pro
portion to the fact : and if he deny it, let him purge himself
with a triple purgation.
k IDirlac does commonly signify marriage, so does nuplia among the
Latins, yet with old divines and canonists it hath a foul sense, and tiubo
often signifies to commit uncleanness : and this meaning of the word best
comports with the notion of a high or deadly sin, and with the double
mulct here inflicted on it. For to marry, or lie with a wife, at other times
was no sin, and had no mulct annexed to it ; but the fact here meant

[Kip man pealban meeje, If it can J [obbe hyb-silbep, or 'hide-gild,'

be helped, T.] T. This addition is omitted in MS. A.
t [Vjrel bi'8 i> man pihc riErten- as well as in Lombard and Spelinan.j
Elbe ep#mle ece, It is sinful thai any [)>ujih reohc-lac, obbe buph pr
one at a lawful fast-tide, eat before the lac, obbe buph pear-lac, through fight-
time, T. Malum est, ut tempore jeju- ing, or through fornicatiou, or through
niorum ante horam comedat, V. A.] robbery, T.]
A. D. 1018.] LAWS ECCLESIASTICAL. 517

must be such a one as was punishable at other times ; otherwise it could

not be doubly punished in Lent.

19. If a man do with violence oppose the payment of45.[49. T.]

God's rights, let him pay a fine among the Danes, a full
mulct among the English ; or else let him purge himself with
eleven [men], himself being the twelfth. If he wound any
man, let him make satisfaction, and pay a full mulct to the
lord : and let him redeem his hands of the bishop, or let
them be cut off. If he kill a man, let him be outlawed ; and
let all that would have right done pursue him with hue and
cry. If he by opposing right cause men to kill him, and
this be averred, let him lie without any satisfaction.
20. If a man violates holy orders, let him make satisfaction 46.[50.T.]
according to the dignity of the order, by weregild, by mulct,
by fine, by the loss of all his estate.
21. If a man commit breach of matrimony, let him make 47.[si. t.]
satisfaction in proportion to the fact. It is a wicked breach
of it for a 'religious2 man to lie with any, more so to lie with
another man's wife, or with a religious woman*.
1 That is, a monk or canon.

22. If one commit incest, let him make satisfaction ac- 48.[52. T.]
cording to the degree of relation [that is between the parties]
by weregild, by mulct, by fine, and by all his estate. For
a man to commit incest with his sister, and with one re
motely related are not the same thing.
23. If one commit a rape on a widow or maid, let satis- 49.[53. t.]
faction be made with a weregild.
24. If a wife in her husband's lifetime lie with another [51. T.]
man, and it be notorious, let her be a perpetual shamef to
herself for the future, let her lawful husband have all mher
estate ; and let her suffer both the loss of her nose and her
ears. 'If it be only a vehement suspicion J, and she be cast

[Yrel tep-bpyce brS f ssp-rwj-c fornicetur, et multo pejus, cum sponsa

man mib emerge jrophcje ^ mycele alterius, vel cum ordinata, V. A. Com-
pypre pitS o'Sper lepe obbe pr5 Jeha- pare Excerptions of Ecgbriht [134-6]
bobe, It is a wicked adultery when a A.D. 740.]
married man lies with a single woman, + [populb-rceame, a worldly shame,
and much worse, with another's wife T.]
or with one in holy orders. T. Malum ' X fr PJf hlc Clhele P> and if t be
adulterium est, si sponsus cum vacua a prosecution, T.]
 518 KING CNUTE'S [A. D. 1018.
at her purgation, 'let the bishop act at discretion*, and let
him pass a severe sentence on her.
m This seems to be a demonstration, that a wife by the common law
among the Saxons and Danes had, or might have a peculiar estate distinct
from her husband. Stiernhook is cited by Dr. Hicks in his preface to his
Thesaurus, (p. 42,) for asserting that wives among the old northern people
had an absolute right, not only in the goods, but the lands, with which
her husband endowed her, so as to alienate or dispose of them at discretion.

[55.T.J50. 25. If a married man lie with his own slave, let him suffer
the loss of her, and make satisfaction for himself with God
and men : and he who hath a lawful wife, and also a concu
bine, let the priest perform none of those rites to him, that
ought to be performed to Christian men, till he desist and
make deep satisfaction as the bishop enjoins, and let him
ever forbear the like.
[56. T.]5l. 26. If foreigners refuse to reform their uncleanness, let
them be gone off the land with their estates and their sinsf.
[57. T.]53. 27. If one have been killed by notorious murder, let [the
murderer] be delivered to the kindred; if it be only a ve
hement suspicion %, and he miscarry at purgation, let the
bishop be judge.
[59. T.]55. 28. If one break suretyship with the king, let him make
satisfaction with five pounds; if with the archbishop, or "one
of the blood royal, with three pounds ; if with the bishop of
the people, with two pounds .
n This is the most proper signification of whelms, though it may denote
any grandee or superior nobleman.

[66. T.]63. 29. All people ought of right to assist in repairing the
church If.
[birceop bonne pealbe, let the buph-bote obbe bpicj-boee obbe rypb-
bishop use his power, T.] jrape ropruxe gebece nub hunb-tpelr-
) [Compare K. Wihtred's Dooms, njum j-cilL bam cymnjce on engla-
A.D. 696, c. *. p. 14*.] laje, ) on Dena-laje rP' hie aej> rcod,
X [l Sir hit cihcle ry, and if there obbe selabijje hine, namije man lum
be a prosecution, T.] xnu. ~j bejyte xi. To cipic-bote rceal
[liij- hpa leob-birceopej- obbe eol- eall jrolc j-ylrtan mib pihte.
bopmanner boph abpece Jebete -p ' BuHi-But.'
mib tpam punban, If any one break a 66. If any one neglect ' burh-bot,'
suffragan bishop's or an ' ealdorman's' or 'bricg-bot,' or ' fyrd-1'are j ' let him
' borh,' let him make 'bot' for it with make 'bit' with one hundred and
two pounds. T.] twenty shillings to the king by English
K [BUR)}-BOTe.De viis pub- law, and by Danish law as it formerly
Licis klficienms. LXVI. Ilrf bpa stood ; or let him clear himself: let
A. D. 1038.] LAWS ECCLESIASTICAL. 519

This law, which is omitted by Sir II. Spelman, shews that the repa
ration of churches was devolved on the people sooner than is commonly
thought.

30. If any man contrary to right retain one that is pbanished 64. [67.T.]
by God, let him yield him up to the law, and pay a recom
pense to him to whom it belongs, and to the king according
to his weregild. If one retain and withhold [obstinately] an
excommunicate, or an outlawed person, let him do it at the
peril of himself and all his estate.
p The same probably with the apostates, (law fourth,) and who are
commanded out of the kingdom.

Now I strictly charge and in God's name command every [85. T.]
man, that he with inward heart bow to his Lord, and full oft,
and earnestly consider what he has to do, and what to for
bear. And we are all under great obligation to love God,
and follow His law, and diligently to attend to divine instruc
tions * : for they shall lead us forth at that doom, when God
shall judge every man by his former works. And happy is
that shepherd that can lead his flock into God's kingdom,
and into heavenly joy f, and happy is that flock that follow-
eth the shepherd, ' so as to deliver themselves from the devil,
and to gain God. Come on then ! let us all earnestly and
unanimously propitiate God J with that which is right, and
henceforth always guard ourselves against those flames that
rage in hell. Do ye doctors and divine preachers, as ye
ought, often preach man's duty toward God , and let all

xiv be named to him, and let him hi gerrpyne'5. Uran bonne ealle an-
choose xi. To church-' but' all men mobpe heujiean geopne ujium Dpihc-
niust lawfully give assistance. T. The ne cpeman, who weaneth them from
last sentence is in Lambard another law, devils and gaineth them to God. Let
with the rubric ' De fano reficiendo :' us all then, with unity of heart, dili-
in the old Latin version it is translated, gently please our Lord, T. The words
* Ad refeccionem ecclesie debet omnis ' Come on' of Johnson's translation are
populus, secundum rectum subvenire.' here as elsewhere superfluous. See
See Lambard, Arch.xonomia, p. 121, the use of titan, Rask Gr. 415.]
and Thorpe, V. A., p. 542.] [?Cnb bon nu eac lapenpar T'gob-
[gobcunban lapeopan, divine cunbe bybelar rpa n'a mc pihr if T
teachers, T.] ealpa manna beapp if, bobian gelome
f [The following words are omitted gobcunbe beappe, And let our instruc-
by Johnson : pop teppan gepyphtan, for tors and divine preachers now also do
their former deeds, T. MS. B. Lam- as it is right and needful for all men,
bard and Spelman have pop hip seppan by announcing frequently the divine
Sep)'phtan.] benefits, T.]
' J [be big beoplum asrpeneS ~\ Lobe
520 KING CHUTE'S LA W8 ECCLESIASTICAL. [A. D. 10f8\

that are discreet diligently attend them ; and let every one
retain the divine doctrine firmly fixed in his mind, for his
own benefit. And let every man do all possibly he can for
the honour of his Lord, both in word and deed, always with
cheerfulness ; then is God's mercy the nearer to us all. Let
God's Name be ever blest. To Him be praise and glory
and honour for ever and ever. God Almighty have mercy
on us all *.
[In Thorpe's text follow the words, will may be, and preserve us ever to all
rpa hir pilla ry, -\ jehealbe uj- serjie eternity. So be it. Amen. T.]
on ecnerre, p hie j-pa, 'A'men, as His
 A.D. MLXIV.

SUPPOSED LAWS ECCLESIASTICAL OF KING EDWARD

THE CONFESSOR.

Prbface.

This was the last year save one of the reign of King
Edward the third, before the Conquest, commonly called
Edward the Confessor : the following laws are, by many,
attributed to him, though drawn after William Rufus's time.
It is agreed that the Confessor made no laws himself; yet our
ancestors did with great zeal contend for the restoring the
laws of King Edward the Confessor during the reigns of
several princes after the Conquest : they meant the laws of
the old English-Saxon and Danish kings, as they were ad
ministered or executed with some prudential variations by
King Edward. A very famous divine asserts these laws to
be what their title and preface imports, which here presently
follows ; though he allows, as every one must do, that they
are very much interpolated* ; and as they stand in Lambard
and Wheloc's edition they are institutes or commentaries,
rather than laws, as the most famous Dr. Hickes observes f.
They who drew them had but a very imperfect knowledge of
the Saxon tongue ; and are guilty of very great mistakes in
their glosses. I have translated only sixteen of them, which
were certainly the Conqueror's laws, if not King Edward's,
and have more or less a relation to the Church j and the
most ancient historians and copies mention no more. Hove-
den attributes this collection to Ranulf Glanville, who was
justitiary to King Henry the Second, and the first writer of
the common law J. But this may be understood of the glosses,
or commentaries. N.B. I translate none of the later addi
tions in Lambard and Wheloc, but follow Sir H. Spelman's
copy, which agrees with that of Hoveden.

[See Original and Right of Tithes J [Hoveden, Annal. part, poster., fol.
by Humphrey Prideaux, D.D., c. 5.] 342. b.]
t [Dissert. Epist., p. 95.]
 A.D. MLXIV.

Latin. 1. King William in the fourth year of his reign, after the
[Sir H. conquest of England, by the advice of his barons, caused the
S pel man,
vol. i. English noblemen that were men of knowledge, and learned
p. 619. in their own law, to be summoned together through all the
Wilkins,
vol. i. provinces of England, that he might from themselves hear
p. 310. their laws, rights, and customs ; therefore twelve men chosen
Thorpe,
p. 190 .]
out of every county of the whole nation, did make oath be
fore the king that they would make known the sanctions of
their own laws and customs, proceeding in a direct way,
without swerving to the right hand or to the left, without
making omissions, additions, or prevaricating variations ;
[I.T.] therefore beginning with the laws of the holy mother the
Church, because by her the king and kingdom stand upon
a solid foundation, they declared her laws, liberties, and pro
tection, saying,
2. Let every clerk, and scholar, and all their estates and
possessions, wherever they are, have the protection of God,
and the holy Church.
[2. T.] 3. Let the protection of God and the holy Church be
throughout the whole kingdom from the Lord's advent to
the octaves of Epiphany, and from Septuagesima till the
octaves of Easter, and from the Lord's ascension till the
octaves of Pentecost, and in all the days of the ember-weeks ;
and every sabbath from the ninth hour, and through the
whole following [Sun] day, till Monday ; also on the vigils
of SS. Mary, Michael, John Baptist, all the apostles and
saints, whose festivals are bid by priests on the Lord's-days ;
and All Saints on the kalends of November, perpetually from
the ninth hour of the vigils, and during the following fes
tival ; also in parishes, where the dedication-day, or the day

[Textus est ex MS. S. (Harl. well as with that of Spelman, but

746) :T. Johnson's translation has only the more important variations of
been compared with Thorpe's text as Thorpe's text are noted.]
A. D. 1064.] KING EDWARD'S LAWS ECCLESIASTICAL. 523

of their proper saint is celebrated ; and if any one devoutly

go to celebrate a saint, let him have protection in going,
staying, and returning, and let all Christians have protection,
when they go to church, to pray both in going forth and re
turning. Let them have absolute protection who are going
to dedication [of churches], to synods, to chapters, whether
they are summoned, or go of their own accord upon business.
If any one being excommunicate betake himself to the bishop
for absolution, let him enjoy the protection of God and holy
Church in going and returning. Let the bishop in his own
court prosecute any man that has incurred a forfeiture to
him. Yet if any one out of arrogance will not be brought
to satisfaction in the "bishop's court, let the bishop notify
him to the king ; and let the king constrain the malefactor
to make satisfaction where the forfeiture is due ; that is, first
to the bishop, then to himself: so there shall be two swords,
and one sword shall help the other.
" Justitia episcopi may signify the judge deputed by the bishop, or the
bishop's spiritual law ; as justitia regis may signify the king's court, or
law, as well as his justiciary. I take liberty to render it as best fits the
place. The reader will observe, that the bishop, when these laws were
made, did not commonly sit with the alderman, or civil judge. If they
were certainly the laws of the Confessor, this would prove that the two
jurisdictions acted separately before the Conquest. It is well known that
Edward very much affected the Norman modes, so did Robert his arch
bishop, being himself a Norman ; and we certainly had this from Nor
mandy.
[When I speak of the two jurisdictions being separated, I desire to be [Addenda.]
understood as meaning that the bishops holding a court distinct from that
of the king, alderman, or sheriff, did there hear and determine temporal
causes, as well as spiritual. For so he certainly did (as appears by law 5.)
in case the defendant, or both parties were ecclesiastics. See 1018, 14;
960, 7.]
4. Wherever pleas are held in the court of the king, or of [8. T.]
any other person, if the bishop's messenger come thither, and
open a cause that concerns holy Church, let that be first de
termined. For it is fit that God be every where honoured
oefore others.
5. Whoever holds any thing of the church, or hath his [4.T.]
aansion upon church-ground, shall not be forced to plead in
Miy court but the ecclesiastical, although he have incurred a
iorfeiture, unless justice there fail, which God forbid.
 524 king edward's [A.D. 1064.
[5. T.] 6. Whenever a guilty or noxious person flies to the church
for safety, let him be seized by no pursuer after he is in the
b church-yard, except by the bishop or his ministers. And if
he flies into the house or c court of the priest he shall have
the same security or protection as in the church; so that
the house or court stand on church-ground. If [the refu
gee] be a robber, or thief, let him restore what he hath taken
away, if he have it in his keeping; if he have wholly de
stroyed it, let him make full restitution to the injured person
out of his own goods, if he has wherewithal. If the robber
has made it his practice, and has often escaped to the church,
or the house of some priest, let him, when he has restored
what he had stole, forswear the d province, and not return
into it : and let no one dare to entertain him if he do return,
without the king's licence.
b Atrium signifies either the porch or yard0.
0 This is meant of an abbot, or prior's house, called here curia.
d That is, the nation.

[6. T.] 7. If any one violently infringe the church's protection, it

concerns the bishops' courts. If the guilty person decline,
or arrogantly despise their sentence, let complaint of it be
brought to the king after forty days : and the king's court
shall put him under security and pledges (if he can find them)
to make satisfaction first to God, and then to the king and
Church : and if he cannot be found within thirty-one days,
either by his friends and neighbours, or by the king's court,
the king shall outlaw him by the word of his own mouth.
But if afterwards he be found and can be taken, let him be
surrendered to the king alive; or if he defend himself, [till
he be killed] let his head [be yielded to the king], for from
the day of his outlawry his head is a wolf's head. And this
is the general law, as to all that are outlawed.
[7. T.] 8. e The tenth sheaf is due to God of all corn, and there
fore to be paid. " If any one keep a family of mares, let him
pay the tenth colt. Let him that has one or two only pay a
psnny for every colt : so let him that has many cows pay the
tenth calf; he that has but one cow, a half-penny for every
calf. Let him that makes cheeses pay to God the tenth
* [See above, Excerptions of Ecgbriht, A.D. 740, c. 25.]
A. D. 106*.] LAWS ECCLE8IASTICAL. 525

cheese; let him that does not, pay the milk every tenth day;
likewise the tenth lamb, the tenth fleece, the tenth cheese,
the tenth butter, the tenth pig.
It was out of an honest zeal for this and the following law, which are
both but one in Mr. Lambard's copy, that a worthy divine has taken such
pains to prove all these laws to be genuine. I shall not pretend to deter
mine whether he hath succeeded in the attempt ; but I am not willing
to lay too great stress upon his arguments, how probable soever. It is
sufficient, that no time can be assigned, since the first reception of Chris
tianity in this nation, when tithes were not paid : we are sure they were
reckoned of right due by the constitutions of Ecgbriht in the middle of the
eighth century, that they are said to be paid to the bishops, in the letter
of Boniface to Archbishop Cuthbert. No beginning of it can be shewed
later than the time of Augustine, who first placed Christianity here in the
latter end of the sixth century ; and we have no cause to doubt, but he
introduced it at the same time with Christianity itself, as the next law in
timates : for Boniface was not much above sixty years after Augustine.
If the bishops and clergy had found an occasion for a civil sanction for the
payment of tithes, during the first hundred and fifty years after the estab
lishment of the English Church, there is no cause to believe, but the Eng
lish kings, who were for the most part very favourable to them, would have
readily granted it. Offa, Alfred, Edgar, and Cnute did actually give the
Church a civil right to tithes, when they found that the first fervours of
the people toward the Church abated. And this I think sufficient, with
out relying too much on these laws of an uncertain authority, and on the
donation of King Ethelwulf, so perplexed and dark, and so variously deli
vered and understood, that I could not consent to afford it a place among
these monuments of the English Church. See how it is expressed by two
historians next that time, Ethelward, 1. iii. c. 3, " This year King Athulf
gave the tenth of all his possessions as the Lord's portion, and went to
Borne with great dignity and stayed there twelve months." Asserius de
rebus gestis jElfred, circa milium*, " The same year the venerable King
Ethelwulf freed the tenth part of his whole kingdom from all royal service
and tribute, and by a most durable instrument with the cross of Christ
offered it to the triune God for the redemption of his own and his an
cestors' souls. And the same year with great honour went to Rome."
Yet this last is thought spurious.
[To me the anonymous monk of Winchester seems to give the most [Addenda.]
natural account of this matter, especially because he plainly took it from
some written evidences then extant in his own church. " Edulf, son of
Egbirt, A.D. 837, became king of England ; he had been sub-deacon in the
church of Winchester, and because King Egbirt had no other heir, he was
forced to accept of the kingdom : he tithed all the land of his own
demesne, and gave the tenth hide to the conventual church in each county.

[p. 8. ed. Wise, Oxon. A.D. 1722. On_titlies, see above, p. 332, note (.]
 526 king Edward's [a.d. ioe*.
He made a restitution of the whole entire land of Chiltcumb to the
church of Winton, under the name of a tenth, in lieu of one single hide,
which the Kings Kinegils and Kinewalch had formerly given, but which
had been alienated from the church between their time and his." Anglia
Sacra, vol. i. p. 289.]

9. Likewise of bees the tenth of the profit; likewise the

tenth is to be given to God, who gives the nine parts, as well
as the tenth of wood, meadow, waters, mills, parks, warrens,
fisheries, osiers, gardens, and negotiations : let him that
detains it be constrained to pay it by the bishop's court, and
by the king's, if that be necessary. For the blessed Austin
preached and taught this ; and it was granted by the king,
and barons, and people. But afterwards many detained them
by instinct of the devil, and priests being rich and negligent
did not care to be at the pains to get them, because they
had sufficient maintenance : for there are now three or four
churches in many places, where then there was but one.
Aud thus [tithes] began to be diminished.
[9. T.] 10. On the day that there is to be an f ordeal, let the
bishop's k minister, with his clerks, come thither, and like
wise the king's h justice, with lawful men of the f province :
to see and hear that all be done with equity ; and let those
whom the Lord is williug to save by mercy not by merits, be
acquitted and depart in peace; and let [the king's] justice
deal with them, according to justice, whom their own guilt,
and not the Lord condemns. Let those barons who have a
court of their own, deal with their own men in such a manner
as not to sin against God, nor to offend the king. And if a
plea between men that belong to other barons happen in
their courts, let the king's justice be present at it ; for other
wise the plea can have no final issue. If any barons have
no judicatures, it must be determined at the next k church
where the king's judicature shall be, in the hundred where
the plea was held ; with a saving to the right of those barons.
' Lat. judicium, Dr. Hicks hath shewed that ordeal, or urdat, is equi
valent to this Latin word *.
s Perhaps his archdeacon, or whatever officer he thought fit to send.
h Lat. justitia, the same with juttitiariui.

[See above, p. 347, note (]

A. D. 1064.] LAWS ECCLESIASTICAL. 527

1 That is, county, for so it often signifies.

k Now it seems plain that courts of pleas were held in churches.

11. Every one that hath thirty pennyworth of living stock [10. T.]
in his ' house of his own by the law of the English, and half
a mark by the law of the Danes, shall pay St. Peter's penny.
Now that penny ought to be demanded at the m feast of the
apostles Peter and Paul, and to be levied at the feast called
ad a Vinculo, so as not to be detained beyond that day. If
any do detain it, let complaint be made to the king's justice,
because this penny is the king's alms ; let the justice cause
the penny to be paid, and the forfeiture to the bishop, and
the king. If any one have more houses than one let the
penny be paid from that house where he was resident at the
feast of the apostles, Peter and Paul p.

1 The third of those laws, which follow after these, says, in 'field-stock.'
Perhaps what was field-stock by day, was house-stock by night, for fear of
robbers, in this perilous age. Yet King Offa's life has, ' Extra domos, in
pascuis*.'
m June 29th, our reformers appropriated this day to St. Peter.
Lammas-day. King Offa chose this time of payment, because on this
day the relics of St. Alban the martyr, to whom he erected a monastery,
were first discovered to him.
See law of King Edgar iv. 960.
>' Here I omit the twelfth law, as it is called in Lambard, Spelman, etc.,
because it certainly never could be intended as a law ; for it neither com
mands nor forbids any thing ; yet I put it here in the margin, because it
seems to me good history written by Glanvil, whose evidence is very good
in such points especially ; " The payment of Dane-gelt was first ordained [11. T.]
against the pirates, for they laid waste the country with all their might ;
to suppress their insolence it was ordained that Dane-gelt should be
annually paid, that is, twelve pence from every hide of land in the whole
country, to hire men who might put a stop to their invasion. Every
church was free, and acquitted from this Dane-gelt, and all the land
wherever it lay, that was the property of the church ; because they
trusted more in the prayers of the Church, than in the protection of their
arms." [Here ends this law or assument in the Cotton MS., but the rest
thus go on.] " The Church of the English preserved this liberty till the
times of King William, junior, called Bufus, who, in order to keep Nor
mandy, while his brother Robert, called Curtois, was in his expedition to
Jerusalem, required an aid of the barons of England : then it was allowed
to him, in this case of necessity, but not ordained or confirmed by law,
that four shillings should be paid him out of every hide, the Church not
[Matth. Paris, ed. Wata, p. 985.]
 528 king edward's [A. D. 1064.

excepted. But while this levy was made, holy Church with a loud yoice
demanded her liberty, but to no purpose *." Yet my reader will observe
that only hides or plough-lands were taxed by him, not manse, or tithe.

ri2. T.]18. ]2. The king's i protection is manifold : for there is what
the English call peace given with the king's hand ; another
upon his coronation, which lasts eight days, eight days at
Christmas, eight at Easter, eight at Pentecost : another is
granted by the king's writ ; there is another which belongs
to the four highways, Watling-street, Foss, Ikenild-street,
Erming-street, two of which are extended the length of the
kingdom, two the breadth ; fthere is another which belongs
to the waters of the famous rivers. Manbote is the satisfac
tion to be paid to the lord for the murder of his man ; that
is, r three marks to the king and archbishop for one of their
men, by the law of the English, but twenty shillings to the
bishop of the shire, and to the king's earl, and the steward
of his household, ten shillings to other barons.
i I suppose by this is meant an immunity from arrests and citations.
r It is clear, when this law was made the mark was thirteen shillings
and four pence, and so the king's and archbishop's was double to the
. bishop's, and the bishop's double to the other barons.

[14.V.JH. 13. Treasures [dug] out of the earth belong to the king,
unless they be found in a church, or a church-yard ; and
though they be, yet the gold, and half the silver belongs to
the king, and half to the church where it is found, whatever
the church be, rich or poor '.
The 15th law in Spelman, the 1 7th in Lambard, is of so odd a nature,

[The same passage is in Thorpe, in misericordia regis; lege Anglorum,

p. 192, c. xi. De Denegeldo.] buuiii were, i. precium suum, et mm-
\ [The remainder is differently given bote de occisis erga dominos quorum
in Thorpe's edition, and the law is there homines interfecti erant Manbote in
continued to a much greater length, but Denelaga, de vilano et de socheman,
without special reference to ecclcsiasti- xii. oras ; de liberis hominibus iii. mar.
cal matters: "Alia quam habent aque cas. Manbote in lege Anglorum, regi
quarum navigio de diversis partibus de- et archiepiscopo, iii. mare dc hominibus
feruntur victualia civitatibus et'burgis. suis ; episcopo comitatus, coniiti comi-
Illaautem pax man us sue, dierum coro- tatus, ct dapifero regis, xx. sol; baro-
nationis sue, et brevis, sub judkio unius nibus ceteris, x. solid. Emendacionem
forisfacture est Similiter iiii. chimi- faciat parentibus, aut guerram paciatur,
norum, et majorum aquarum de assal- undeAngliproverbiuhihabebant: Bicx*
tu. De opere vero si fiat opus destrue- rPePe or pbe o'Sep bepe, quod est
tur, et medietas emendationis dabitur. dicere, lanceam eme de latere aut fcr
Qui scienter fregerit earn x. ct viii. earn. Pax autem," &c. Ancient Laws
hundreda in Denelage, et corpus suum and Institutes, p. 193, c. 12.]
 A. D. 1064.] LAWS ECCLESIASTICAL. 529

that, as it certainly deserves not a place in my text, so I scarce knew

whether it were fit to be mentioned in my margin ; but let them who like
it take it, as it here follows : "The king, who is vicar of the sovereign in [17. T.]
chief, is constituted to this purpose, that he may govern, and defend from
such as are injurious, his earthly kingdom, and the people of the Lord, and
above all things venerate His Holy Church, and pluck out, destroy, and
wholly abolish all evil-doers from off her ; which, if he do not, the name
of a king shall not belong to him, but he forfeits the royal title by the
testimony of Pope John ; to whom Pipin and Charles his son, while they
were princes only, and not kings, wrote in the reign of [Chilperic] the
foolish king of the Franks, to enquire whether the kings of the Franks
ought to continue thus, contenting themselves with the royal title only :
w ho answered, ' They ought to be called kings who vigilantly defend and
govern the Church of God, and His people, in imitation of the royal
Psalmist,' who says, ' He that behaves himself proudly shall not tarry in
my house.'" Psalm ci. 10, according to the LXX, and Vulg. Lat. Let
any judicious man consider, whether it can be thought probable, that
William the Conqueror would ever ratify such a law as this, or whether it
be credible, that his subjects should presume to offer such a law to him
for his royal confirmation ; especially when there is a condition scarce
possible in the nature of things to be performed, I mean destroying, and
utterly abolishing all evil-doers. The story of the pope's determining
the point must be fabulous : for there was no pope named John within
thirty years before, or after Pipin's assuming the crown of France. Some
Kngli.'-b. monk provoked by the oppression of the Normans, was the legis
lator, to whom we owe this assument. Yet a late chief-justice is said to
have pronounced it from the bench to be good law. If it be a law, it is
one of the pope's making ; and a violent usurpation of temporal authority.

14. Let archbishops, bishops, earls, barons, and all that 16.[21.T.]
have 'sac, and soc, toll, team, and infangthef, have their
knights and proper servants, viz., stewards of their house
hold, chamberlains, butlers, cooks, and bakers under their
own friburgh. And [let] these also [have] their esquires,
and other servants under their friburgh. And if they incur
any forfeiture, and a complaint of the neighbourhood rise
against them, they should oblige them to what is right in
their own court ; they, I say, who have sac, soc, toll, team,
and infangthef.

1 The five laws (so miscalled) that follow in Lambard and Sir II. Spel-
man are only explanations of the five terms here used. The reader may
find the meaning of them elsewhere, but I am apt to believe, that Glanvil's
is the truest, if I can give the true sense of it, viz., " Sac is a right to that [22. T.]
forfeiture [which is incurred] when one challenges another concerning any
JOHNSON. L 1
 530 king edvard's [a. d. iog*.
mutter, and [the one fails in his] proof, or [the other in his] denial of it,
as it happens. Soc is the power of making search for any thing in one's
own land, and for stolen goods, whether they are found or not. Toll, we
call tribute, for the having liberty to buy and sell on a man's land. Team
is a right to the forfeiture incurred, when challenged goods are put into a
third hand, and the impeached party cannot produce his warrant, (that i,
prove his right,) or the other make good his challenge. Infangtkef is the
right of trying a thief, being one's own man, apprehended on one's own
land. But let them who have not these customs sue before the king's
justice in the hundreds, wapentakes, or shires*."
I found it impracticable to givo a literal rendition of Glanvil's expla
nation.

[25.T.]22. 15. It is to be known, that all "Jews, wheresoever they

are within the kingdom, are under the king's patronage and
protection, as his liege-men ; nor can any of them subject
themselves to a great man, without his license ; and if any
one take them, or their stock, into his custody, the king may,
if he will, seize them as his own.
" The Jews fled in great numbers from the cruelty of the Mahometans
in the East, into Spain, France, and England, about the time of the Con
quest, or somewhat sooner.

[37. T.] 2?. 16. King Edward also forbade usurers to dwell any where
in his kingdom ; and if any were convicted of exacting usury,
he was to be deprived of his estate, and to be deemed an out
law. That king affirmed, that he learned, while he was in
the court of the king of the Franks, that usury is the prin
cipal root of all vices.
[Addenda.] [Though I have not here inserted the thirty-first of these laws, as pub
lished in Wheloc ; yet I think it just to inform my reader, that tbc
bishop's priest is thereby entitled to ton shillings, as his share of the for
feiture incurred by breaking of the king's protection -f. It is generall;

* [Quid sit sociie, et sache, et suum habere, erit forisfactura, et justi-

tol, et theam, et infanuenthef. cia similiter de calumpniatore, si iti-
XXII. Soche est, quod si aliquis ciebat, sua erit. De infaiikeneKf
querit aliquid in terra sua, etiain fur- Justicia cognoscentis latronis sua csl
turn, sua est justicia si inventum fuerit de homine suo. si captus fuerit super
an nun. Sacha, quod si aliquis aliquem terrain suam. Et illi qui non hatwut
nominatim de aliquo calumpniatus fue- consuctudines quas supradiximus, aiitc
rit, et ipse negaverit, forisfactura pro- jualiciam regis faciant rectum Um i
bacionis vel negacionis, si evenerit, sua humlrcdo, vel in wapentagiis, vel ifi
erit. Tol, quod nos vocamus thelo- schiris. T. For further explanation ot
neum, scilicet libcrtatem emendi et the above terms see Thorpe's Glossary
vendendi in terra sua. Theam, quod to Ancient Laws, &c]
si aliquis aliquid interciebatur super + [t)e istis veto libris rex harxb'
aliquem, et ipse non poterat warantum centum solidos et consul comitati
A.D. 106k] LAWS ECCLESIASTICAL. 531

agreed, that by bishop's priest is meant tbe rural dean : and perhaps by
chapter in the third of the foregoing laws, we may justly understand the
clergy of the deanery assembled under him as their president. Very
egregious mistakes have been committed by a famous antiquarian, in
relation to these officers called rural deans *. lie supposes them to have
been the same with the archpresbyters of the seventh and eighth cen
tury, which may be confuted by looking into the Decretal, lib. i. tit. 24,
25 f. He will have them to be the Decani Chrisiianitalia, for which he
produces no manner of proof ; he affirms their antiquity to be much
greater, and their office more honourable than that of archdeacons ;
whereas I take it to be certain in fact, that there was no such office as
that of rural dean, at least not in England, till this eleventh century,
whereas archdeacons had long before some sort of jurisdiction. See
950, 6, among the laws of the priests of Northumberland. Mr. Somner
gives us seven archdeacons of Canterbury in the ninth century, Antiq.
of Canterbury, p. 300. Granting there were rural deans before the Con
quest, yet there is no proof of it but from these laws, which are not of the
greatest authority, especially as to times before the real making them,
which appears not to be certain. This writer produces no argument for
rural deans being more honourable than the archdeacon, and I take it for
certain that he had none ; even the archpresbyter was inferior to the arch
deacon by the Decretals above cited, much more the rural deans. And
even the seventh canon of the council of Tours \ cited on this occasion by
our great antiquarian, forbids the bishops and archdeacons to farm their
jurisdictions to deans for an annual rent, which at once shews the office
of the deans there mentioned, and their inferiority to and dependence upon
the archdeacons. Our antiquarian calls this the abolishing the privilege
of rural deans. This was in the year 1164, without proving that rural
deans ever had the probate of wills and cognizance of matrimonial causes
legally or canonically committed to them ; he complains that the arch
deacons deprived them of the first privilege, and Archbishop Langton of

quinquaginta qui tertium habebat de- postscript is Bishop Kennett ; see

narium de forisfacturis : Decanus au- Parochial Antiquities, p. 337 70]
tern Episcopi in cujus decanatu pax + [The passage to which Johnson
fracta fuerat reliquos decern prater refers declares the archpresbyter to be
pacem regis, scilicet de pace data uinnti subordinate to the archdeacon, but the
regis, et de primo coronatu, et de supra- ' archpresbyter ruralis,' mentioned Tit.
dictis festis, Natalis, Paschae, Pente- 24. c. 4, seems certainly to be the
costes. Leges Edwardi Regis c. fa, same with the ' decanus ruralis' in Tit.
Lambard, ei Wheloc, p. 145. 23. c. 7, and they are identified in the
De istis habct rex centum solid., et Margarita Decretalium which has these
comes comitatus, L., qui tertium de- words, ' Archipresbyteri qui et decani
narium habet de forisfacturis. Deca- rurales dicuntur archidiacono subjici-
nus autern reliquos X., preter pacem untur.']
regis, scilicet de pace data manu regis, J [Quoniam in quibusdam episco-
et de primo coronatu, et de supra dictis patibus decani quidam vel archipics-
festis : Natali, Pascha, Pentecoste. T. byteri, ad agendas vices episcoporum
Leges R. Edw. Conf., c. 27 ; Ancient seu archidiaconorum, et terminandas
Laws and Institutes, p. 196.] causas ecclesiasticas, constituuntur sub
[The antiquary whose statements annuo pretio. Cone. Turonensis (A.D.
are opposed in the remainder of the 1163.) can. vii. torn. xxi. p. 1173.]
l1 2
532 king edward's laws ecclesiastical. [A.D. 1064.

the other, whereas in truth they only checked them as usurpers of these
privileges. In one point indeed he degrades these rural deans, for he
makes them to be the Testes Synodales ; when it is evident the Testes
Synodales were laymen assigned by the bishop to swear that they would
present all scandals. See Causa 35, Qusest. vi. c. 7. It is true Lyndwood
cites Joannes Andreas, an Italian canonist, for saying that these deans
were Testes Synodales *, as he cites other doctors sometimes for saying
very absurd things. They had no rural deans in Italy; Andreas had
heard we had them here in England, and that they were used to delate
offenders. Because this was the part of Testes Synodales in Italy, there
fore he calls them by that name. This led Mr. Somner into the mistake,
and this great antiquarian after him. I shall mention no more of this
great man's mistakes on this head ; but there are some remaining grosser
than those here specified. He is himself more able to correct them than
I am. And I wish he would for the love of truth.]

[Lyndwood, Provinciate, lib. i. tit. 2. de const c. 1. not ad verb. Decanos

rurales, p. 14, not. c. ed. Oxon. 1679.}
 A.D. MLXV.

SUPPOSED LAWS ECCLESIASTICAL OF KING EDWARD

THE CONFESSOR.

Pkeface.

Ingulf, abbot of Crowland, who had been a courtier to

Duke William in Normandy, before he invaded England,
though he was an Englishman born, has left us a large
system of laws, which the Conqueror took (if you can believe
it) from the laws of Edward the Confessor. They were not
collected till the latter end of the Conqueror's life and reign,
as Dr. Prideaux has shewed. Mr. Selden first published
them as an appendix to Eadmer's history. Wheloc added
them to his edition of the Saxon laws, though they were ori
ginally written in the Norman tongue. Sir H. Spelman
published five of them, as laws properly ecclesiastical, and
more correctly than Mr. Selden, as he tells us. I have added
three more, as giving considerable light to ecclesiastical mat
ters, as I conceive : but let us hear Ingulf, from whose copy
these laws are taken, kept under three keys in Crowland
abbey, till its dissolution.
 A.D. MLXV.

Latin. At this time I brought with me, to my monastery from

[Sir H.
Spelman, London, the laws of the most equitable King Edward, which
vol. i. p. my noble lord King William had published as authentic,
623.]
and perpetual, and inviolably to be kept, under the severest
punishments, and given them in charge to his subjects :
they are in the same language in which they were published ;
lest through ignorance, we, or ours, should happen to offend
the king's majesty, by a rash presumption, to our great
danger, and by this means unadvisedly incur the punish
ments contained in them.

Norman. These are the laws and customs which William the king
[Sir H.
Spelman, hath granted to all the people of England, they being the
vol. i. very same which King Edward his kinsman kept before him ;
p. 62+. that is to say,
Wilkina,
Tol. i. 1. The protection of the holy church. Whatever forfeiture
p. 313.
Thorpe, a man hath incurred, and he can come to the holy church,
p. 201*.] he hath protection of life and member. And "if any man
lay hands on him who goes to a mother-church, (whether it
belong to a bishop or abbot, or be a church of religion,) let
him restore what he hath taken away, and one hundred
shillings as a forfeiture; and to the mother-church of the
[2. T.] parish twenty shillings, and to a chapel ten shillings. And
let him that breaks the king's protection make satisfaction
with a hundred shillings, according to the law of the Mer
cians. But let it be otherwise in case of a runaway servant,
or of prepense lying in waitf .

['The Law of Kino William siiliis precogitatis pena dclinquentem

the Conqueror,' (A.D. 1066-87.) manet T.
' the French text is from Hk. : the With the exception of this sentence,
Latin and the rubrics are from S. : the which should rather be translated, " So
deficiencies or Hk. within brackets are likewise in case of forcible entry or of
supplied from Ingulph, and the other prepense lying in wait," Johnson's
printed copies.' T.] translation of the first and second law
f [Autresi do hem fare et de agwait gives the sense of the Norman original,
purpense. Similia ilc hanifare et in- antl agrees with the Latin intcrpreta-
A. D. 1065.] KING KDWAKD's LAWS ECCLKS1 ASTICAL. 535

* This is a very dark passage, and so it is like to remain, till the Nor
man language of this age be better understood, or till some further light
appear by some other means.

2. If any one be impeached for breaking of a monastery, Wheloc.

or of any private room [in it], and was never defamed in 17.[l.T.]
times past, let him make his purgation 'with twelve lawful
men (as they are called) his own hand being the twelfth*.
If he have been defamed before, let him make his purgation
with a triple number; 'that is to say, thirty bsix lawful men,
as they call them, his own hand being the thirty-sixth. If
he cannot have so many/let him go to the triple [c fire-ordeal]
as he ought to go to the triple oathf : and if he have in times
past made satisfaction for theft, let him go to the water-
ordeal. The archbishop shall have forty shillings as a for- [16. T.]
feiture, according to the law of the Mercians; the bishop
twenty shillings, 'the earl twenty hillings, the common man
forty pence. J
* It is XLVIII. in the original, but this is supposed to be a mistake.
* In the Norman iuise. I pretend to no more than a conjecture, in my
translation here : but it is not altogether groundless ; for that it was some
sort of ordeal, there can, I suppose, be no doubt, because it was for want
of compurgators upon oath. And I conceive the fire-ordeal was more re
putable than that by water : he therefore that had been only defamed
before, and had no compurgators on oath, might go to fire-ordeal ; but if
he had actually been convict before, and brought to satisfaction, upon a
second offence, if he professed his innocence, but wanted compurgators, he
must be tried by water. See Sir H. Spclman, Gloss., p. 435. ad calcem.
Yet yve, or ive signifies water in French.
It is indeed strange to me, that the Conqueror, with his new bishops,

tion, but the second law in Thorpe's treis duble, si cum il deust a treis
edition is continued to a much greater duble serment id est per XLVIII.
length on secular matters. legates homines nominatos, inanu
'Ham- I' domiis invasio.' A breach XXXVI. Si eos habere non potest,
soc*' I of the peace by forcible entry eat ad judicium triplex, si juramentum
' Ham- j into a man's house. For debuit exhiberi triplex. T. The num-
fare' I ample illustration, see H. ber XLVIII. in the Latin seems to be
LXXX. 10, 11, (Thorpe, p. 256,) see a mistake not for XXXVI. as Johnson
also ' Haraidum.' ' Ham-socn ' was suggests, but for XL 11]
one of the rights of the crown. Thorpe, 'J [e li quens, xx. sol. ; e li barun,
Glossary.] x. sol. j e li socheman, xl. dencomes,
' [par XIIII. bumes leals numcz, xx. sol.; baro, x. sol.; rillanus, xl.
sei duzime mainper XIIII. legates denar. T.]
homines nominatos manu duodecima. j) [Liber per ferritin candens, rusti-
T.] cus per aquam. Glanv., lib. 14. cap. 1.
't [ceo est a saueir par XLII. leals p. 114. ap. Spelmanni Glossarium p.
humes numez, sei trente siste main. 345, art. Ordalium.]
E sil auer lies pot, aut a la iuit>e a
 536 king edward's [a. D. 1065.

should not have wholly extirpated this savage superstitious practice. It

had been long ago forbidden by several princes upon the Continent. It
does not appear that the Church of Rome ever gave countenance to it :
and is a very singular instance of a gross corruption, that had not the
pope, or his creatures, for its author. If it was ever directly authorized
by any council in a foreign Church, it was only by some new converts in
Germany in the ninth century. The council of Mentz, 847, c 24.*
enjoins the ordeal of plough-share to suspected servants. But to give the
pope, I mean Stephen V., his due, he presently condemned it in an epistle
to the bishop of Mentz, in whose diocese it chiefly prevailed-)-. (Pee Caus. ii.
q. 5. c. 20.) Nay, Alexander II., the Conqueror's own ghostly father, abso
lutely forbade it in a decree of his extant t, Causa secunda, Quttst. v. c. 7.
The story of lldefonsus concerning Montanus, and of Gregory of Tours
concerning Bricius, both of whom were bishops, and are yet said to have
carried coals in the flap of their garments, to prove their innocence, when
their chastity was called in question, are reported as miracles, and there
fore are not instances of common ordeal. Besides, they only preserved
their clothes unburnt, not their flesh. And indeed bishops and great men
used not to undergo the trial of ordeal in their own persons, but by their
servants: so Remigius, bishop of Lincoln, toward the end of the Con
queror's reign, was purged from the treason of which he was suspected, by
his servant's undergoing this trial. Which makes it the more strange, that
the story of Queen Emma's being tried by going over nine plough-shares
should be believed. Princes were not wont personally to submit to any
such ordeal, and very rarely, if at all, did they do it by proxy. The first
prohibition of ordeal mentioned by Sir II. Spelman here in England, is in
a letter from King Henry III. to his justices itinerant in the North, in the
third year of his reign : yet this learned knight observes, that eight years
after this he granted the religious of Sempringham power to administer
it. Great lawyers have said, that it was suppressed by act of parliament
in the third year of his reign. But the record mentions only the king's
letter ; and the king's letter says it was done by the advice of his council,
and gives this only reason, that it was forbidden by the Church of Rome .

[XXIV. Qui presbyterum occidit, sive frigidae aquae, iguitique ferri cod-
12 annorum ei posiiitentia secundum tactum, aut cujuslibet popularis inven-
st.it ula priorum imponatur aut si nega- tionis (quia fabricante ha?c sunt omnino
verit, si liber est, cum 12. juret: si ficta invidia) nee ipsum exhibere, nee
autem servus, per 12. voineres ferventes aliquo modotevolumus postulare, immo
se purget. Concil., torn. xiv. p. 910 Apostolica auctoritate prohibemus fir-
B.] missime. Ahxan. 1 1. Raynaldo epiteopo,
t [Ferri candentis, vel aqua? fer- ibid. Causa II. Q. v. c. 7.]
vends examinatione confessionem ex- ["To the same purpose Selden.
torqueri a quolibet sacri non censent Not. ad Eadm. fol. 1673. Op., vol. ii.
canones : et quod sanctorum Patrum Duravit usus usque in II III. tempora,
documento sancitum non est, supersti- cum non tam lege lata quam desuetu-
tiosa adinventione non est prsesumen- dine, idque ob reverentiam juris pon-
dum. Stephanu quintus Humberlo epi- tifici quo diu antea prohibitus erat,
sropo Moguntino. Grat Decret Causa prorsus evanuit, &c. In the same place
II. Q. v. c. 20] he gives a copy of the King's Letter."
J [Vulgarem ac nulla canonica sane- MS. note, Wrangham.]
Hone fultain legem, fcrventis scilicet,
 A. D. 1065] LAWS ECCLESIASTICAL. 537

She that was the mother of most corruptions was the maul of this. It is
to be observed further, that trial by duel was introduced into practice here
by the Conqueror, and remained long after the reign of Henry III. Yet
this, as well as ordeal, was forbidden by the popes. This shews, that the
Conqueror was far from being a slave to Rome.

3. The freeman that hath to the value of thirty pence in 18.[17.T.]

field-stock ought to pay St. Peter's penny. The lord hy paying
four pence shall acquit his dbordars, boners*, and servants.
The burgess that has the value of half a mark is bound to
pay St. Peter's penny. He that is a freeman by the law of
the Danes, and has to the value of half a mark in field-stock
is bound to pay St. Peter's penny. And for the penny which
the lord pays, all that live on his demesne shall be ac
quitted.
d Bordars were little tenants, who held a few acres of land of the lord,
on condition of their hedging, diking, thrashing, grinding for their lord's
family. Boners were probably tenants of the like sort, who lived in
cottages, on the lord's waste : for ' bonarey' signifies waste, says Sir H.
Spelman f. They are both new terms introduced by the Normans.

4. Let him that denies St. Peter's penny [be obliged to] 2).[17.T.]
pay it by the ecclesiastical court, and thirty pence as a mulct :
if he be sued for it in the king's court, let him pay thirty
pence to the bishop, and forty shillings to the king.
5. If a man die intestate, let his children equally divide 86. [34. T.]
the inheritance.
6. If a father catch his daughter in adultery in his own 87. [35. T.]
house, or in his son-in-law's house, he may lawfully kill the
adulterer.
7. J 'If a Norman be cast in a duel, let him pay the king 70. [2. T.]
sixty shillings : and if the Englishman refuses to e defend tT*10'P";
J'. *- 1 U, II.
Wheloc,
[e ses bovers. ct bubulcos, T.] dans le faubourg.Gloss. Rom. sub .172-3. 1
f [Spelmanni Glossarium, p. 85. voce. See also In trod, to Domesday,
art. Bonery. The reading of Thorpe's vol. i. p. 82. Thorpe, Glossary.]
edition, given in the preceding note, J [The two following laws are taken
renders unnecessary any further expla- from a document of King William the
nation of the latter of the two words in Conqueror, given in Ancient Laws and
question : Institutes, in Latin and Anglo-Saxon,
BordariusBordier. One occupy- with the following titles,
ing a tenement denominated a bord. Carta ejusdem ft. W. De appel-
' Qui bordam aut domum sub bnrdagii, latis pro aliouo maleficio. Franco
vel bordelagii oncre possidet.' DuCange. vel Anolico. IDillelmef Lymnger
Borde is thus defined by Roquefortj 7Tj-etn)Tre.]
' Loge, petite maison, cabane batie a " The Latin text is from Sc, collated
1* exlremite de la ville, dans la ville, with Hk. The Saxon is from H."T.]
 538 king edward's laws ecclesiastical. [A. d. iu65.
himself by duel, or by evidence, let bim preserve himself
from outlawry by ordeal.
e It is evident by these two laws, that the king trusted in the length of
his Normans' swords, and by these bore down the poor English, and sent
them for redress to the most ignoble trial of ordeal. King Edward the
Confessor, though too much addicted to the Normans, yet would never
have thus treated his English subjects.

[3. T.]7l. 8. The king ordains, that in all cases of outlawry the
Englishman purge himself by ordeal. And if an English
man impeach a Norman, in [a matter of] outlawry, and be
willing to prove it upon him, let the Norman defend himself
by duel. Aud if the Englishman dare not try him by duel,
'let the 'Norman defend himself by a full oath, without a
verbal scrupulosity*.
[Addenda.] [Mr. Somner, in his MS. notes on cap. 64, of King Henry First's laws,
proves that juramentum observatum, or cum verborum obiervantiU, was
with the Normans an oath taken in a precise form of words, juramentum
planum the contrary.]
It is strange that the oaths of Englishmen would not pass, in cases
where the Normans did : for the Englishman in the same circumstances
was put to ordeal. By a full oath I understand, an oath made by such a
number of men as the law required. Let whoso will imagine these to be
the laws of King Edward, I cannot but say they smell strong of the
Norman, and the Conqueror. And you may take a cast of his tender
cruelties in that law of his, Wheloc, p. 137 ; Lamb. 1 26, viz., " I forbid
any one to be killed, or hanged for any crime, but let his eyes be put out,
his testicles, hands, or feet cut off, that he may remain a living trunk, as
a monument of treachery, or wickedness."

' [defendat se Francigcna pleno of the Latin seems here to be meant for
juramento, non in verborum observan- 'piano.' See Leges R. H. I. c. LXIV. ;
ciis. IDenije hine re Fjiaencirca nub Thorpe, p. 246, and note c]
uuropeban abe. T. The word ' pleno'
 APPENDIX.

A.D. 692-4.
Cod. Dipl. No. 996. voL v. p. 36.
UUIHTEAED OF KENT, 694.

! Anuo ab incamatione domini noxonii. "WTiytredus

gloriosus rex Kanciae cum reuerentissimo archiepiscopo Bright-
waldo praecepit congregari concilium in loco qui nominator
Bachanciid, praesidente eodem concilio iam nominato clemen-
tissimo rege Cantuariorum Whytredo, et eodem uenerando patre
primate totius Britannia*, simulque Tobia episcopo Bofensis
aecclesiae, cum abbatibus, abbatissis, presbyteris, diaconibus,
ducibus, satrapis, pariter tractantes de statu aecclesiarum dei in
Anglia, et de biis quae a fidelibus regibus praedecessoribua eius,
et propinquis, .Soelberto uidelicet po3terisque eius, deo omni-
potenti in propriam haereditatem, data fuerunt qua-liter secun
dum ueram iusticiam stare et permanere ualeant, uel quomodo ea
seruare oporteat amodo et usque in finem saeculi constituentes.
Ego, inquit, "Whytredus, rex terrenus, a rege regum compunctus,
zelo rcctitudinis accensus, ex antiqua traditione sanctorum pa-
trum didici, [non]1 esse licitum alicui homini in laico habitu con-
stituto U8urpare sibi quasi propriam possessionem quod fuerat
ante domino concessum et cruce Christi firmatum. Scimus enim
et ueraciter constat quia quod semel acceperit homo donatione
alterius in propriam potestatem, nullatenus sine iniuria illud
iterum dimittet. Horrendum est itaque homiuibus deum uiuum
esspoliare, tunicamque eius et haereditatem scindere. Cum ergo
deo oblatum aliquid fuerit de terrenis substantiis, ad hoc ut fa-
cilius promereri valeant offerentes aeternam retributionem per-
cipere in coelis manifeste declaratur, quod quanto incautius homo
aaccularis applicuit se in haereditatem regis aeterni tanto dis-
trictius a deo punietur. Pro qua re firmiter decernimus, [et in
nomine]1 omnipotentis dei omniumque sanctorum praecipimus,
1 Omitted in Cant Reg.
540 APPENDIX.

omnibus successoribus noatris regibua, principibus et omnibus in

laico habitu constitutis, ut nulli unquam liceat alicuius aecclesiae
uel monasterii dominium habere quae a me uel antecessoribus
meis priscis temporibus tradita sunt deo in perpetuam haeredi-
tatem et Sanctis eius : magis autem sicut in canonibus praecipitur
seruandum est, ut quando aliquis de praelatia defungitur episco-
pus, abbas uel abbatissa, intimetur archiepiscopo propriae paro-
chiae et cum eius consilio et consensu uita ac munditia eius ex-
aminata qui dignus inuenitur eligatur, et nullo modo sine con
sensu et consultu archiepiscopi promoueatur. Neque enim de
hac re aliquid pertinet ad decretum uel imperium regis. Illius
autem est comites, duces, optimates, principes, praefectos, iudices
saeculares, statuere ; metropolitani uero est archiepiscopi aeccle-
sias dei replere, gubernare, episcopos, abbates, abbatissas, caete-
rosque praelatos eligere, statuere, firmare, admonere, ne quia de
ouibus Christi, scilicet aeterni pastoris, aberret. Haec lex per
aeuum in regno nostro in perpetuum permaneat, omnibus aeccle-
siis dei nostri pro salute animae meae meorumque praedecessorum,
proque spe coelestis regni. Igitur ex hac die et deinceps eon-
cedimus et donamus aecclesiis regni nostri liberas esse perpetua
libertate ab omnibus difficultatibus saecularis seruitutis, ab omni
debito uel pulsione regalium tributorum, ut possint pro nobis deo
omnipotenti hostias dignas offerre nostraque peccata abluere im-
maculatis muneribus. Si quia autem rex post nos leuatus in
regnuni, aut episcopus, aut abbas, seu aliqua alia persona contra-
dixerit huic concilio vel scripto iudicio concilii facto, sciat se a
corpore et sanguine domini sequestratum et sic excommunicatum,
sicut ille qui non habebit remissionem [neque]1 in hoc saeculo
neque in futuro, nisi ante mortem secundum judicium archiepiscopi
emendauerit. Hoc scriptum irrefragabile sua finnitate muniatur,
seruetur, et semper habeatur in aecclesia saluatoris, quae sita est
in ciuitate Dorobernia ubi primas habetur, ad exemplum omnium
aecclesiarum atque deflensionem quae in Anglia habentur.
4< Ego Wihtredus auxilio Christi rex hiis legibus constitutis
pro me et "Werburga regina itemque filio nostro ^Elrico subscripsi.
4< Ego Brihtuualdus gratia dei archiepiscopus hiis legibus con
stitutis subscripsi*.

1 Omitted in Cant. Reg. For the other charter of K. Wihtred

* Compare the Saxon Chronicle, mentioned by Johnson, (Spehnan, vol.
A.D. 694, ed. Ingram, p. 5860, and i. p. 198; Wilkins, vol. i. p. 63,) set
Dr. Ingram's note a. The above is Cod. Dipl., No. +4. Both are however
clearly the charter from which the given with an asterisk by Mr. Kemble
passage in the Chronicle is abridged. ' as a mark of doubt.
 APPENDIX. 541

A.D. 742."
Cod. Dipl. No. 87. vol. i. p. 105.
AETHILBALD OF MERCIA, 742.
4 Anno dominicae incarnationis dccxlii. Indict. X. regni
uero aethilbaldi regis merciorum xxvn. congregatum est magnum
concilium apud clouesho praesidente eidem concilio aethilbaldo
rege merciorum cum cuthberto archiepiscopo dorobemiae caete-
risque episcopis simul assidentibus diligenter examinantes circa
necessaria totius religionis et de symbolo ex antiquis sanctorum
patrum institutionibus tradito studioseque perquirenter qualiter
in primordio nascentis ecclesiae bic in anglia iubebatur haberi
aut ubi honor coenobiorum secundum normam aequitatis serua-
retur haec et hiis similia anxie inquirentes antiquaque priui-
legia recitantes tandem peruenit ad manus libertas ecclesiarum et
institutio uel praeceptum uuithraedi gloriosi regis de electione et
auctoritate coenobiorum in regno cantiae quomodo et qualiter
secundum imperium et electionem cantuariensis metropolitan!
fieri [et] stare praecipitur, et praecepto itaque regis aethelbaldi
lectum est coram omnibus priuilegium praefati uithraedi gloriosi
regis et placuit cunctis hoc audientibus pariterque dixerunt nullum
aliud tarn nobile tamque prudenter constitutum decretum inueniri
potuisse secundum ecclesiasticam disciplinam et ideo hoc ab om
nibus firmari sanxerunt. igitur ego aethelbaldus rex merciorum
pro salute animae meae et stabilitate regni mei proque uenerantia
uenerabilis archiepiscopi cuthberti propria manu munifica sub-
scribens confirmo. ut per omnia libertas honor auctoritas et se-
curitas christi ecclesiae a nulla persona denegetur sed sit libera
ab omnibus saecularibus seruitiis et omnes terrae ad illam per-
tinentes exceptis expeditione pontis et arcis construction et
sieut saepe praefatus rex uuihtraedus pro se suisque constituit
seruandum ita per omnia irrefragibiliter et immutabiliter per-
durare praecipimus. Si quis autem regum successorum nostro-
rum seu episcoporum seu principum hoc salubre decretum infriu-
gere temptauerit reddat rationem deo omnipotenti in die tremendo.
si autem comes presbyter diaconus clericus uel monachus huio
constitution! restiterit sit suo gradu priuatus et a participation
corporis et sanguinis domini separatus et alienus a regno dei nisi
ante placita satisfaction emandauerit quod malo superbiae iniquo
gessit scriptum est enim quaecunque ligaueris super terram erunt
ligata et in coelo et quaecunque solueris super terram erunt so-
luta et in coelo.
* Comp. Sax. Cliron., ed. Ingram, A.D. 7*2.
542 APPENDIX.

4 ego ethelbald rex diuiao suffragio fultus gentia merciorum

regeus imperiiun signum sanctae cruris subscribe
fc ego cuthbertus archiepiscopus propria manu subscripsi.
4< ego uuita episcopus consensi et subscripsi.
ft ego torhthelm episcopus conseusi et subscripsi.
4f ego wilfredi episc. cons, et subs.
fr ego cuthberht episc. cons, et subs.
4 ego huetlac episc. cons, et subs.
{ ego eanfrith episc. cons, et subs.
4< ego egclaf episc. cons, et subs.
4> ego aluuig episc. cons, et subs.
<i> ego hunwald episc. cons, et subs.
4. ego daniel episc. cons, et subs.
+ ego aldwuulf episc. cons, et subs.
4< ego aethelfrith episc. cons, et subs.
<i> ego herewald episc. cons, et subs.
4 ego sigega episc. cons, et Bubs.
4< ego redwulf episc. cons, et subs.
4> ego ofa patricius cons, et subs.
<i> ego aldwuulf dux cons, et subs.
fr ego aethelmod indolis Merc. cons, et subs.
4* ego heardberht dux cons, et subs.
fr ego eadbald dux cons, et subs.
4 ego bcrcul dux cons, et subs.
i> ego cyneberht cons, et sub.
4t ego freothoric cons, et subs.
+ ego wermund abbas cons, et subs.
4< ego cuthraed abbas cons, et subs.
4< ego buua abbas cons, et subs.

Cod. Dim,. No. 99. vol. i. p. 119.

AETHILBALD, 749.
fc Plerunque contigere solet pro incerta futurorum temporum
uicissitudine, ut ea, quae multarum et fidelium personarum testi-
monio consilioque roborata fuerunt, ut fraudulenter per contu
maciam plurimorum, et macbinamenta simulationis, sino ulla con-
sideratione rationis periculose dissipentur, nisi auctoritate litera-
rum, et testamento chirographorum aeternae memoriae inserts
Bint. Quapropter ego Aethibaldus rex Merciorum, pro amore
coelcstis patriae et pro remedio animae meae, hoc maxime agen
dum esse praeuidi, ut cam bonis operibus liberam eflBcerem ab
 APPENDIX. 543
(.minibus uinculis piaculorum. Dum cnim mihi omnipotcns deus
per misericordiam clementiae, absque ullo antecedente merito,
sceptra regiminis honorifice largitus est, ideo ci libenter et uolun-
tarie ex eo quod accepi iterum retribuo. Huius rei gratia hanc
donationem, deo teste, me uiuente concedo, ut monasteria et
aecclesiae a publicis uectigalibus et ab omnibus operibus oneri-
busque, auctore deo, seruientes absoluti mancant ; nisi sola quae
communiter fruenda sunt, omnique populo, edicto regis, facienda
iubentur, id est instructionibus pontium, uel necessoriis defen-
sionibus arcium contra hostes, non sunt renuenda. Sed nee hoc
praetennittendum est, cum necessarium constat aecclesiis dei, quia
Aethclbaldus rex, pro expiatione delictorum suorum et retributione
mercedis acternae, famulis dei propriam libcrtatem in fructibus
siluarum agrorumque, siue in cactcris utilitatibus iluminum ucl
raptura piscium, habere donauit ; et ut munuscula ab aecclesiis in
saeculare conuiuium regis uel principum a subditis minime exigan-
tur, nisi amore et uoluntate praebentur : sed cunctas tribulationes
quae nocere uel impedire possunt in domo dei, omnibus principibus
sub eius potestate degentibus demittere et auferre praccipit ; qua-
tcnus sublimitas regni eius prosperis successibus polleat in terris, et
meritorum manipuli multipliciter maturcscunt in coelis. Qui uero
haec benigna mentis intentione atque inlaesa cogitatione custo-
dierit, aeterna claritate coronetur, ornetur, glorificetur. Si quis
hoc, quod absit, cuiuslibct personae, tyrannica cupiditatc instinc-
tus, contra hanc donationis cartulam, sacculari potentia fretus,
uenire nititur, sit sub anathematc Judae, proditoris domini nostri
Jhesu Christi. Ad confirmandum uero hoc nostrao bcneficcntiac
nanus, hii testes adfuerunt, et nostri magistratus optimates et
duces fidelissimique amici consenscrunt et scripserunt ! Ego
Aethelbald diuinis fultus suffragiis, hiis statutis consentiens con-
firmandoque signum crucis araui 4i Ego Huita Mercensis aecclesiae
humilis cpiscopus subscripsi. 4" Ego Torhthelm gratia dei episco-
pus signum crucis infixi 4 Ego Headberht primatum tenens su! -
scripsi. <if Ego Eada his statutis consentiens subscripsi. >i< Ego
Cyncberht his gestis consentiens subscripsi. 4i Ego Bercul patri-
cius his donis consentiens subscripsi. 4 Ego Friothuric consen
tiens subscripsi Hf" Ego Eopa his statutis consentiens subscripsi
4< Ego Eadbald subscripsi. <& Ego Byrnhclm subscripsi. <& Jigo
Mocca subscripsi. <t> Ego Aldceorl subscripsi. { Ego Alhmund
subscripsi.
Huius sccdulac scriptio dominicae incarnationis anno dccxlviiii.
indictione secunda in loco celebre cuius uocabuluni est Godmun-
deslacch. xxxin. anno Aethelbaldi regis peracta est.
544 APPENDIX.

Cod. Dipl. No. 1018. vol. v. r. 56.

ARCHBISHOP ^BELHEABD, 798.

4 Anno dominie incamationis, dcc.xcviii. Congregatum

est magnum concilium in loco ubi dicitur Bachanchilde, prsesidente
eidem concilio Ceneuulfo rege necnon reuerentissimo archiepiscopo
.StSelardo, cum episcopis, abbatibus, et multis aliis idoneia per-
sonis. Tunc idem uenerabilis pater et primas totius Brittanniae
iESelardus sic exorsus est: Ego^ESelardus gratia deihumilis sanctae
Dorobemensis aecclesiae archiepiscopus unanimo concilio totius
sanctae synodi in nomine dei omnipotentis et per eius tremendum
iudicium praeeipio, sicut ego mandatum a domino apostolico Leone
papa percepi ut [ex] hoc tempore nunquam temerario ausu super
haereditatem domini, id est, aecclesias, laicii praesumant domi
nium suscipere. Sed sicut in privilegiis ab apostolica sede datis
habetur, seu etiam ab apostolicis viris in initio nascentis aecclesiae
traditum est per sanctos canones, uel etiam a propriis possessoribus
monasteriorum constitutum est, ea regula et obseruantia disciplinac
sua [monastica] iura studeant obseruare. Si ergo, quod absit, ipsi
hoc nostrum mandatum a et domini apostolici praeceptum spreue-
rint et pro nichilo ducunt, sciant se a praesenti aecclesia iustorum
segregatos, et in die iudicii ante tribunal Christi, nisi ante emen-
dauerint, rationem reddituros. Haec sunt nomina sanctorum epis-
coporum et abbatum qui cum totius synodi consensu pro confir-
matione praedictae rei signum sanctae crucis subscripserunt.
4 Ego ^EtSelardus archiepiscopus Dorobemensis ciuitatis sig
num sanctae crucis subscripsi. 4" Ego Hedde episcopus subscripsi.
4> Ergo Warr episcopus subscripsi 4" Ego Eguuinus episcopus
subscripsi. 4 Ego Forfterus Episcopus subscripsi. 4 Ego Daniel
episcopus subscripsi. 4 Ego Eadbriht episcopus subscripsi 4< Ego
Acca episcopus subscripsi 4" Ego Inguualdus episcopus subscripsi.
4 Ego Heardrid episcopus subscripsi 41 Ego NoSbertus epis
copus subscripsi. 4" Ego Wulfredus archidiaconus subscripsi. 4"
Signum Aldulfi episcopi Licifeldensis 4 Ego Eaduulf Siddensis
episcopus subscripsi. 4 Ego Osmundus Lundoniensis episcopus
subscripsi. 4< Ego Tiidfridus Dammoce episcopus subscripsi +
Ego Fortredus abbas subscripsi 4> Ergo Wernbrihtus Legoreusis
subscripsi 4 Ego Ealhmuudue episcopus Uuintoniensis subscripsi.
4< Ego Wermundus Hrofensis episcopus subscripsi. 4" Ego Felo-
gyldus abbas subscripsi. 4< Ego Wlfredus archidiaconus subscripsi.
J laici saeculares, Reg. Cant.
Here the Reg. Cant, breaks off abruptly.
 APPENDIX. 545

A.D. 803.
Cod. Dipl. No. 185. vol. i. p. 22+.

AETHELHEARD, 803.
Globia in excelsis do et in terra pax bominibus bonae uolun-
tatis.
fr Scimus autem quod multis in dm fideliter confidentibua
notum et manifestum est. et nihil tamen illis placabile in eo uisum
est, qui in gentibus anglorum commorantur quod offa rex mercio
in diebus iaenberhti afcepis cum maxima fraude honorem et uni-
tatem sedis sci agustini patris nostri in dorouemensi ciuitate
diuidere et discindere praesumsit, et quo modo post obitum prse-
dicti pontificis aedelheardus afcepis di gratia donanti illius succes-
Bor post curricula annorum erga plurima di ecclesiarum iura
limina apostolorum et apostolicae sedis beatissimum papam leonem
uisitare contigit. inter alias necessarias legationes etiam discissio-
nem iniuste factam archiepiscopalis sedis narrauit, et ipse apo-
stolicus papa ut audiuit et intellexit quod iniuste fuisset factum
statim sui priuilegii auctoritatis praeceptum posuit et in brittan-
niam misit et praecipit ut honor sci agustini sedis cum omnibus
suis parrohhiis integerrime redintegraretur iuxta quod sCs gre-
gorius nfae gentis apostolus et magister conposuit et honorabili
arcepiscopo aedelheardo in patriam peruenienti per omnia red-
deretur et coenuulfus rex pius merciorQ ita compleuit cum
Benatoribus suis. Anno vero dominicg incarnationis. DCCC.0
Ill0, indictione. XI. die. IIII". idus Octobris. Ego aedelheardus
afcepisc cum omnibus. XII. episco. seo sede beati agustini
subiectis "per apostolica praecepta domni papae leonis in synodo
qu fact us est in loco celebri qui vocatur clofeshoas uniauimo
consilio totius sci synodo. in nomine di omnipotentis praecipien-
tes et omnium sOorO illius et per eius tremendum iudicium.
ut numquam reges neque episcopi neque principes neque ullius
tyrannicae potestatis homines honorem soi agustini et suae sog
sedis diminuere uel in aliquantula particula diuidere praesumerint.
Bed in eo per omnia dignitatis honore plenissime semper permaneat
quo utique in constitutione beati gregorii et in priuilegiis aposto-
licorum suorum Buccessorum habeatur nee non etiam et in sOoril
canonum rectum haberi sanctionibus uideatur. Nunc etiam do
cooperanti et domno apostolico papae leoni ego Aedelheardus
afcepis et alii coepiscopi nostri et nobiscum omnes dignitates
nostri synodi cum uexillis cruris Xpi unanimiter primatum sc
sedis firmantes, hoc quoque praecipientes et siguo sc cruris scri-
JOHNSON. M jn
546 APPENDIX.

bentes ut afcepiecopalis sedes in liccidfeldensi monasterio num-

quam habeatur ex hoc tempore nequo in alio loco aliquo nisi tan-
tum modo in dorobemensi ciuitate ubi Xpi ecclesia est et ubi
primus in hac insula catbolica fides renituit et a seo agustino
sacrum baptismum celebretur. insuper etiam cartam a romana sede
missam per hadrianum papain de pallio et de archiepiscopatus sede
in liccedfeldenBi monasterio cum concensu et licentia domni apo-
stolici leonis papae praescribimus aliquid ualere. quia per subrep-
titionem et male blandam suggessionem adipiscebatur. et idcirco
manifcstissimis signis caelestis regis primatum monarcbiae archi-
principatus permanere canonicis et apostolicis munitionibus ata-
tuimus ubi scm euangelium Xpi per beatum patrem agustinum in
prouincia anglorum primu praedicatur. et deinde per gratiam sCi
sps late difiusum est. Si quia uero contra apostolicus praeceptis
et nostroru omnium ausus sit tunica Xpi scindere et imitate see
4i ecclesiae diuidere. sciat Be nisi digne emendauerit quod inique
contra sacras canones fecit aeternaliter esse damnatum.
Hie sunt nomina sOorfl episcoporu et abbatum qui praescriptum
cyrographi cartula in synodo qui factus est aet clofeshoum, anno
aduentus dfii, DCCC.III. cum signo sCae crucis Xpi firmaverunt :
4< aedelheardus arcepis.
i< alduulfus epis.
! uuerenberhtus epis.
<i> alcheardus epis.
! uuigberhtus epis.
<i> alhmundus epis.
4 osmundus epis.
}< eaduulfus epis.
<i> deneberhtus epis.
J uuihthunus epis.
4< tidfridus epis.
4> uulfheardus epis.
{ alhmundus prs ab'.
4< beonna prs ab'.
4< fordred prs ab'.
4< uuigmundus prs ab'.
 APPENDIX. 547

Cod. Dipl. No. 1024. vol. v. p. 64.

ARCHBISHOP AEdELHEARD, Oct. 12, 803.

4< Ego aeSelheardus gratia di humilis scae dorobernensis aeccle-
8iae arCepisC unanimo concilio totius see synodi. congrcgationib.
omnifl monasterioruq: olim a fidelib. xpo diio ppetua in libertate
dedita fuerunt. In nomine di omnipotentis. et p eius tremendum
judicium pcipio. Sicut et ego mandatfl a domno apostolico leone
papa pcepi. Ut ex hoc tempore nunqua temerario ausu super here-
ditatem dni laicos et saeculares sibi psumant dominos eligere. Sed
sicut in priuilegiis ab apostolica sede datis habetur. Seu etia
ab apostolic is uiris in initio nascentis aecclesiae traditu -j- p
sCos canones uel etia a propriis possessorib. monasterioru consti
tute . ea regula et obseruantia discipline sua monastica iura stu-
deant obseruare. Si ergo quod absit ipsi hoc nrm mandatum. et
domini apostolici papae spreuerint et pro nihilo ducunt. Sciant se
ante tribunal xpi nisi ante emendari uoluerint ratione reddituros.
Haec st nomina scorum episcoporfl et uenerabilifl abbatu et pres-
byterorfl et diaconu qui cfl totius see synodi consensu pro confir-
matione pdictae rei sig' scae crucis subscripserunt.
<i> Ego Aeftelheardus gratia di arcepis' dorobernensis ciuitatis, sig'
scae crucis subscripsi.
! :u']>clheah ab' > wernoft pr
4t feologeld pr ab' {< beornmod pr
<t> Uulfheard pr { uulfred arC diac
4< Ego aldulfus liccedfeldensis ecclesiae epis' sig' crucis subscripsi.
4 hygberht ab' >|i monn pr Ji eadhere pr
4 lulla pr 4< wigferU pr iji cufcberht pr
4 Ego werenberht legorensis civitatis epis' sig' crucis subscripsi.
fr alhmund pr ab' <&> berhthas8 pr
{ beonna pr ab' fr eadred pr
+ fortSred pr ab' 4< aabelhaeh pr
i uuigmund pr ab' ! eanred pr
| eadberht pr ! mon pr
^r Ego eadwulf syddensis ciuitatis episC sig' crucis subscripsi.
| eadred pr ab' fr plcgberht pr 4i hereberht pr
fr daeghelm pr ab' + eaduulf pr |i heaobred pr
4< Ego deneberht wegoranensis ciuitatis epis' sig' crucis subscripsi.
<i> hyseberht ab' 4< paega ab' } coenferfc pr
f t5ingefert5 ab' 4< freoobmund ab' { selereed pr
m m 2
548 APPENDIX.

4< Ego wulfhcard herefordensis ecclesiae epis' sig' crucis subscripsi.

Jh cu'Sred ab' "J dycga pr 4< heaobbald diac
fr strygel pr ! monn pr <i> werferS
& Ego wigberht sciraburncnsis ecclesiac epis' sig' crucis subscripsi
J muca ab' 4< berhtmund ab'
t eadberht ab'
4< Ego callimund wintanse ciuitatis episC sig' crucis subscripsi.
<& cuSberht ab' 4< niarcus ab' ! notheard pr
4< cufa ab' ( lulla ab' 4< wigfcegn pr
4 Ego alhheard eluihamis ecclesiae episo sig' crucis subscripsi.
4 folcberht pr + eadberht pr + hunfritJ diac
4< freoouberht pr J wulflaf pr 4< beornhebn diac
4 Ego tidfritS dummucac civitatis episc sig' crucis subscripsi.
4< uulfheard ab' ! ceolhelm pr <& tilberbt pr
fr lull ab' 4< cynulf pr >J. eadberht pr
4< Ego osmund lundonensis ciuitatis episc sig' crucis subscripsi.
4 heahstan pr ab' { tidhun pr { aepelhehn
4 wighard pr ! freoo'ored pr
i< Ego wermund hrofensis ciuitatis epis' sig' crucis subscripsi.
4 lullingc pr 4< beagnoS pr 41 wigheard pr
4t tuda pr 4< heahberht pr &> heared diac
4< Ego uuihthun sclesegi ecclesiae episo sig' crucis subscripsi.
i< ceolmund ab' | eadberht pr 4< heahferS
i< dudd pr ! beorcol pr 4< cynebald
4< Actum - in celebri loco q: uocatur clofeshoas. Anno ab incar-
natione dni. dccciii. indictione. xi. die quarta idus octobres.

Wilkins, Concilia, vol. i. p. 200.

A.D. 905".
Epistola Formosi papce ad episcepos Anglic?, de ecclesia Angli-
cana bene ordinanda. Ex Baronio collat. cum MS. Cantuar. A.
fol. 3.
Featbibtts et filiis in Cliristo, omnibus episcopis Anglias, For-
mosus. Audito, nefandos ritus paganorum partibus in vestris re-
pululasse, et vos tenuisse silentium, ut canes non valentes latrare ;
gladio separationis a corpore Dei ecclesia vos ferire delibera-
vimus. Sed quia, ut nobis dilectus frater noster Pleimundus in-
timavit, tandom evigilastis, et setnina verba Dei olim venerabiliter
jacta in terra Anglorum coepistis renovare ; mucronem devorati-
onis retrakentes Dei omnipotentis et B. Petri apostolorum prin-
* See aliove, p. 837.
 APPENDIX. 549

cipis benedictionem vobis mittimus, orantes, ut in bene cceptis

perseverantiam habeatis. Vos enim estis, fratres, de quibus lo-
quens Dominus, inter alia inquit : " Vos estis sal terrse, et si sal
evanuerit, in quo salietur ?" et iterum : " Vos estis lux mundi ;"
significare volens per verbi sapientiam condiri mentes homiuum a
vobis debere ; et in moribus et in vita vestra bona) actionis stu-
dium, quasi lumen apparere fidei, per quod gradientes ad vitam,
quomodo caute ambulent, videant, ut ad promissionem ffiternoe
beatitudinia sine offensa currentes, valeant pervenire. Nunc ac-
cingimini ergo, et vigilate contra leonein, qui circuit, quaerens
quem devoret ; et non patiamini ulterius in regione vestra, penuria
pastorum christianam fidem violari, gregem Dei vagari, dispergi,
dissipari. Sed cum unus obierit, alter, qui idoneus fuerit, cano-
nice protinus subrogetur. Nam secundum legem plures facti sunt
Bacerdotes, eo quod morte proliiberentur permanere. Quod David
considerans, ait, " Pro patribus tuis nascentur tibi filii, constitues
eos principes super omnem terrain." Nulla itaque mora sit sub-
rogandi alium cum quilibet sacerdotum ex hac vita migraverit ; sed
mox ut illi, qui primae sedis principatum gerens, inter vos caiteris
episcopis pra>esse dignoscitur, fratris obitus fuerit denunciatur,
facta electione canonica, alter consecratus succedat. Quis autem "
inter vos principatum tenere debeat, quaeque sedes episcopalis cae-
teris praepolleat, babeatque primatum, abolitanis temporibus no-
tissimum est. Nam, ut ex scriptis B. Gregorii, ejusque succes-
sorum tenemus, in Doroberniro civitatem metropolim, sedemque
primam episcopalem constat esse regni Anglorum, cui venerabilis
frater noster Pleimundus nunc praeesse dignoscitur ; cujus hono-
rem dignitatis nos nullo pacto imminui permittimus, sed ei vices
apostolicas per omnia gerere mandamus. Et sicut B. Gregorius
papa primo vestrae gentis episcopo Augustino omnes Anglorum
episcopos esse subjectos constituit ; sic nos pnenominato fratri
Doroberniae sive Canterberiae archiepiscopo, ejusque successoribus
legitimis eandem dignitatem confirmamus ; mandantes et auctori-
tate Dei, et beati Petri apostolorum principis prsecipientes, ut ejus
canonicis dispositionibus omnes obediant, et nullus eorum, qua? ei,
suisque successoribus apostolica auctoritate concessa sunt, violator
existat. Si autem quivis bominum contra ha3c aliquando niti, ac
imminuere ista tentaverit; sciat se proculdubio mulctandum fore
gravi anathemate, et a corpore S. ecclesi quam inquietare molitur,
perpetuo, nisi resipuerit, separandum.
 INDEX

THE FIRST VOLUME.

ADVERTISEMENT TO THE READER.

In this Index the greater number every where denotes the sets or system of
answers, laws or canons, bearing date the year signified by that number.
The lesser number shews the particular answer, law or canon, referred to.
If there be no lesser number, it is because the memorial referred to has no divi
sion, or is very short.
If there be a third number not exceeding 6, after DCI. 8. DCCXXXIV. 16,
it refers to a subdivision in those places only : in others it denotes another
answer, law or canon, in the same set.
Pf. denotes the translator's Preface, Ps. his Postscript to any set. If Lat or
Sax. be added, it signifies the Preface or Postscript translated from the original
Latin or Saxon.
The same figures refer to a law, canon, &c, and to the notes on that law,
canon, &c.
[MS. refers to the Excerptions of Ecgbriht, A.D. 740, as in CCCC. K. 2.]
[The references to tbe Addenda and the notes of this edition are put within
brackets, the pages being added when necessary.]

A.
Abbinden. See Cloves-hoo.
Abbess, to share in the wcregild for the murder of her nun, 693, 11.
by whom to be constituted, 692, 3.
her duty as to the nuns and estate, 747, 4.
to take care that nuns read much, 747, 7.
Abbesses present in a public council, 692, Pf. Sax.
Abbot, by whom to be constituted, 692, 3 ; 785, 6.
to share in the weregild for the murder of his monk, 693, 11.
his qualifications, 692, 3 ; 785, 5.
sometimes a layman abbot, 696, 18 ; 734,"12 ; 747, 5.
to be subject to bishop, and obey his summons, 740, 60.
his behaviour regulated, 740, 63.
may not free his slave, 740, 70.
his duty as to the monks and estate, 747, 4.
552 INDEX.

Abbot, to take care that monks use reading, 747, 7.

not to receive more monks than he can maintain, 747, 28.
to be chosen by bishop and monks, 816, 4.
how, and in what case they might alienate lands, 816, 7.
is of no proper order, 957, 18.
Absolution, the manner of it, 963, 1, 13, 76.
Acolyth, his order and office, 957, 14.
Adultery, how punished, 602, 6 ; 877, 7 ; 1018, 21.
committed by marrying to one divorced, 740, 118, 119, MS. 84, 85.
they who are guilty of it, to be gone out of the land, 1018, 6.
Adulterer may be killed by the woman's father, 1065, 6.
Alderman, the governor of a large district, one or more counties, 693, Pf.
Sax. and 12 ; 692, 3.
fighting in his presence, how penal, 877, 9.
breach of suretyship with him, how penal, 877, 3.
lesser alderman, 877, 16.
Aldulf, archbishop of Lichfield, 785, Ps.
reduced to the state of a suffragan, 796, 803, per tot.
lAle-sceop, 950, 41, note II ; 960, 58, notet-]
Alfred the Great, king of West-Saxons, his character, 877, Pf.
Alms to be given, but not as a substitute for fasting, or to get indulgence
in sin, 747, 26, 27.
the reverse to this, 963, 7277.
King Ethelstan's alms, 925, 1.
given by the people, distributed by the priest, 960, 55.
upon a bishop's death, 816, 10 ; 940.
to be given on fasting days, 994, 38.
Alms-deeds of all sorts allegorized, 994, 32.
Altar, slaves freed there, 696, 9.
oaths of purgation there made, 696, 1824.
to be of stone, and anointed, 740, 51.
the divine Son not to be invoked there, 740, 53.
if it be taken away, the church to be re-consecrated, 740, 139.
the name of its saint to be inscribed on it, 816, 2.
the furniture of it, 957, 22.
not to be used, till hallowed, 960, 31.
all things about it to be clean and comely, 960, 42.
Altar-thane. See church-thane and priest.
Amber, a measure unknown, 925, 1.
[Ambrose, St., on paying taxes, 943, 1, note*.]
Anathema, against runagade clerks refusing to return, 740, 60.
against such as marry nuns, sponsors, &c, 740, 129.
against all incestuous marriages, 740, 132135 ; 785, 15.
against him that lies with two sisters, 740, 136.
against them who sell Christians to Jews or heathen, 740, 149.
against monks that marry, 747, 24.
against such as encroach on monasteries, 816, 8.
 INDEX. 553

Apostates, sturdy outlaws, and excommunicates.

to be driven out of the land, 1018, 4.
the punishment of sheltering them, 1018, 30.
Appeals to the archbishop, from him to synod, 740, MS. I.
to Rome, 740, 48, MS. 1.
not to other foreign Churches, or heretics, 740, MS. 2.
Archbishops, where their sees first fixed, how altered, 679, Ff. et per tot.
Archbishop of Canterbury's right in constituting prelates, 692, 3.
particularly to fill vacant sees, 679, 4 ; 680, 3.
the chief bishop of Britain, 696, Pf. Sax.
the only archbishop in England for a hundred years, 680, Pf. and 4.
might consecrate churches, &c, in any part of his province, 816, 11.
deprived'of his authority, 816, Ps.
his province divided, but united again, 785, Ps.; 796 ; 803, per tot.
had of old two minters or coiners, 925, 4.
Archbishop of York, Paulinus the first, 679, Pf.
Ecgbriht the second, 734, Pf.
had of old the privilege of coining money, 925, 4, Addenda.
made profession of obedience to him of Canterbury, 796, Pf.
had of old two minters or coiners, 925, 4.
Archbishops of old not so strictly confined to rules of discipline, 740, Pf.
the burden of their office, 747, Pf.
none of old among the Scots, 816, 5.
breach of suretyship with them, how penal, 877, 3.
fighting in their presence, how penal, 877, 9.
their family a friburgh, 1064, 14.
forfeiture for thefts committed on them, 1065, 2.
Archdeacons to take care that prisoners have relaxation on Sundays ;
740, 105.
had power of suspending priests, 950, 7.
their edicts not to be violated by priests, 950, 6.
[not less honourable than deans, 1064, Ps. Addenda.']
Aries in France, Augustine said to be consecrated there, 601, Pf. and 7.
Athelard, archbishop of Canterbury, recovers his dismembered dioceses,
796, 803 ; per tot.
Auguries. See Sorcery.
Augustine first archbishop of Canterbury, 601, per tot.
to live with his monastic clergy, 601, 1.
had power to make a missal, or liturgy, 601, 2.
his authority over bishops, 601, 7.
sainted, and his feast enjoined, 747, 17.

Bachelors, either to marry, or profess chastity, 740, 113.

to be admonished to communicate, 747, 23.
Bottom, a place of council, 1014, Pf.
554 INDEX.

Baptism of a big woman, 601, 8, 1, 3.

proper seasons for it, 601, 8, 3 ; 785, 2 ; 740, 10.
of children used, 601, 8, 1, 3.
penalty for not baptizing a child, 693, 2.
valid, though done by usurpers of holy orders, 734, 5.
to be denied to none that want it, 740, 40.
why called sacraments plurally, 740, 41.
not to be performed with wine, 740, 42.
to be done by immersion or affusion, 740, MS. 95.
the whole nation deprived of it, 816, Ps.
not to be given for money, 957, 27.
not to be deferred above thirty nights, 693, 2. '
not to be deferred above thirty-seven nights, 960, 15.
not above nine nights, 950, 10.
Baptistery, a book, 957, 21.
Bastards, not inheritable, 785, 16.
\Bede, MSS. of, Pref. p. xlix. note u.]
Bells in churches, 816, 10 ; 960, 45 ; 926, 4, c.
[Bell-house, what, 926, 4, p. 356, note .]
Belts of Pater Nostcrs, 816, 10.
\_Berghamsted, now Bersted, 696, p. 142, notef.]
Berhta, queen of Kent, 601, Pf. and 2.
Bishops, how they were to divide oblations, 601, 1.
how mutually to behave themselves, 601, 7.
how to officiate, 601, 2.
to entertain strangers, 601, 1.
how many might ordain a new one, 601, 6 ; [740, 96.]
penalty of robbing a bishop, 602, 1.
whole college of English bishops, 673, Pf. Lat. ; 679, 4 ; 747, Pf. Lat. ;
803, Ps. ; 816, Pf. Lat.
not to invade each others' diocese, 673, 2 ; 816, 11.
not to molest monasteries, 673, 3.
monk bishops, 673, 4.
not to officiate in a strange diocese without leave, 673, 6.
to take place according as they were ordained, 673, 8.
too few dioceses and bishops, 673, Pf. and 9 ; 679, per tot.
how to be elected, 692, per lot. ; 742, Pf.
their habitation, 693, 6.
penalty of breaking promise plighted before bishop, 693, 7.
of breaking his house, 693, 12.
of killing his godson, 693, 14.
his word valid without an oath, 693, 17.
had a distinct court in Saxon times, 734, 10 ; 690, 7 ; [1064, 3,
Addenda."]
a council to determine the satisfaction due for his death, 734, 12.
to have a house for receiving strangers, 740, 26.
to sit above priests in church, on a level with them elsewhere, 740, 27.
 INDEX. 555

Bishops, principal care of church and divine services rest on them, 740, 28.
if chaste, they are confessors, 740, 28.
forbid subintroduced women, 740, 31.
for what crimes to be deposed, 740, 33.
required to preserve unity among themselves, 740, 34 ; 816, 3.
not to pass rash excommunications, 740, 49.
not to ordain another bishop's clerk without consent, 740, 50.
to give alms to the poor, 740, 55.
not to follow secular business, 740, 57 ; MS. 15.
the penalty of lifting a weapon before a bishop, 740, 61 ; 877, 9.
to depose abbots with consent of neighbouring abbots, 740, 63, 64.
manner of their ordination, 740, 96.
how to be tried, 740, 141.
cannot alienate without consent of clergy, 740, 142.
to wear no weapons, nor contribute to any man's death, 740, 154, 156.
their duty represented, 740, MS. 5 ; 747, 1.
to lay aside care of family, diet, furniture, &c, 740, MS. 15.
to have great care of the church, 740, MS. 21 .
uniformity in religion pressed upon them, 747, 2.
to visit their parishes every year, and preach, 747, 3 ; 785, 3 ; 943, 3.
to visit the monasteries, 747, 5.
to take care that reading lie used in their families, 747, 7.
to lay before the archbishop their difficulties, and publish acts of synod.
747, 25.
charged to reprove the greatest men, 785, 3.
abbots to be elected with their consent, 785, 5.
to ordain none without a title, or insufficient, 785, 6.
conferred with their clergy in provincial Bynods, 747, Pf. Lat. ; 785, Pf.
Lat.
hoped for forgiveness of sin by explaining canons, 816, 1.
how, and in what cases they might alienate land, 816, 7.
to take account of synodical decrees concerning their parishes, and the
year of the Lord then current, 816, 9.
on the death of a bishop, what alms, manumission of slaves, and devo
tions to be done, 816, 10.
breach of suretyship with him, how penal, 877, 3.
had power to dismiss nuns from their monasteries, 877, 6.
sate in county-court, though not always, 877, 16 ; 958, 7 ; 1018, 8.
king and bishop's testimony conclusive, 877, 18.
king to have the better, bishop the worse, of an incestuous couple, 878, 4
in what case he might permit him that suffered loss of limb to be cured,
878, 10.
their vacant sees to be forthwith filled, 908.
to pay an occasional tithing to the poor, 925, Pf. Sax.
to be almoners to the king in their several shires, 925, 1. _ \
to levy amercements on contumacious reeves, 925, 7.
to instruct m .n in orders, and secular judges, 925, 9.
556 INDEX.

Bishops, to inspect weights and measures, 925, 9.

to assign what work is to be done by servants, ibid,
all the bishops combine into a gild, 940.
to see to the repair of churches, 944, 5.
to help priests in repelling wrong, 950, I.
in what case his consent dissolved marriage,'950, 54.
should often confer with clergy, 957, Pf. Lat.
difference between them and priests, 957, 17.
what marriage disqualified men for this order, 957, 7.
to levy mulcts on judges, 958, 6.
penance for murdering them, 963, 18.
they have the order of Aaron, 994, 1.
to assist priests in reclaiming sinners, ibid,
their mutual intervention, 1009, 1, [Pf. Lat.]
none else could turn out a priest, 1009, 1.
bishop to have the satisfaction for laying violent hands on priests. 1018,
13.
they were judges of ecclesiastics in capital cases, 1018, 14.
judges of purgation in case of murder, 1018, 27 ; and of ordeal, 1064,
10.
penalty of breaking suretyship with bishop, 1018, 28.
by opposing church rights vi et amis, the man forfeits his hands to the
bishop, 1018, 19.
to prosecute in his own court, such as have incurred forfeitures to him,
1064, 3.
satisfactions due to him, to be levied by king's authority, ibid,
his messenger sent to a temporal court, may claim to be heard in a
cause relating to the Church, before any other cause, 1064, 4.
no church tenant to be sued in any court but the bishop's, 1064, 5.
manbote due to bishop for murdering his man, 1064, 12.
bishop's family a friburgh, 1064, 14.
forfeiture to him for theft, 1 065, 2.
Bishoprics in England at several times, 673, Pf. Lat. ; 679, 4 ; 747, Pf.
Lat. ; 803, Ps. ; 816, Pf. Lat. ; 908.
how created, 673, 9.
Blood not to be eaten, 960, 53.
Boniface, bishop of Mentz, account of his letter to Archbishop Cuthbert,
747, Pf.
the day of his martyrdom solemnized, 747, Ps.
Book of canonical edicts sent to King Offa by Charles the Great, 785, 4.
Books of divine service, the Romish used here from the beginning, 734,
16, 2.
priest might have the mass-book before him, and read the canon, 960,
33.
and ought to have his books truly written, if not fairly, 960, 34.
the books of public service reckoned up, 957, 21.
to be carried to synod, 994, 4.
 INDEX. 557

[Bordarius, 1065, 3, notef.]

Borsholdtr, 693, 6.
Boys in monasteries to learn book, as well as labour, 747, 7.
to be admonished to communicate, 747, 23.
Breach of covenant with the king, or others, how punished, 877, 1, 3.
of vow or promise to God, how to be tried, 877, 14.
Bread for Eucharist, how to be baked, 994, 5.
holy bread, beside that of the Eucharist, 960, 43.
Breviary. See Hours.
Bridegroom to forbear his bride the first night, 740, 88.
Bridges to be repaired, 1009, 22.
Brightwald, archbishop, deprives Wilfrid of the see of York a second
time, 680, 3 ; and Ps.
British Easter, 673, 1.
British or Welsh bishops, subjected to Augustine, 601, 7.
not to be appealed by any English, 740, MS. 2.
Burghmote, how often to be held, 958, 7.
[Burh-bote, 1018, 29, note If-]
Burial solemn, and on holy ground, not allowed to self-murderers, nor
malefactors, 740, MS. 96; 963, 24.
nor to adulterers, 963, 27, 28.
nor to false swearers, 925, 7.
nor to ecclesiastics, who had broke the vow of chastity, 944, 1.
nor to them who contracted unlawful marriage, 950, 52.
nor to them that left wives, and took others, 963, 27.
nor to them that defile nuns, 950, 53.
nor to them who could not say Creed and Pater Noster, 960, 22.
who might be buried in churches, 960, 29.

Canons, a book of them produced and received in synod, 673, Pf. Lat.
of the six first general councils, &c. received, 785, 4.
collectors of canons into codes, 740, Pf.
such old canons called canon law, before pope's canon law was made,
747, 26.
how to be read by none inferior to priests, 740, Pf. Lat.
Canon (that is, the consecrative part) of the mass might be read in book,
960, 33.
Canonical hours, or Breviary. See Hours.
[Canonization by popes, when, 747, 17, Addenda."]
Canons, or canonics, regular clergymen, distinct from monks, 785, 4.
to have dormitory, &c, and to live chastely, 1009, 1.
Canterbury, the first city where Augustin and Christianity was received,
601, Pf. ; 943, Ps. Lat.
the primacy not intended at first to remain there, 601, 7.
yet was afterwards settled there by Pope Gregory, 679, 7 ; 803, Pf. Lat. ;
[601, 1, p. 74, note*.]
558 INDEX.

Canterbury, Theodore first primate of all Britain, 680, Pf.

the primacy of this see disliked by the Mercians, 679, 4.
the liberties of this and other churches confirmed, 692 ; 742.
seven dioceses dismembered from it by king of Mercia and pope,
785, Ps.
those dioceses restored, and primacy finally fixed there, 796; 803,
[Pf.]
seven minters there, 925, 4.
an academy there of old, 673, Pf.
no synod ever assembled there, 692, Pf.
Cardinals, who so called of old, 679, Pf.
Castles to be repaired, 1009, 22.
Catechising children at baptism, 747, 11.
Cealchith, a place of synod, 785, Pf.
[contentions at, 785, Ps. ; p. 28.3, note .]
Ceoldred, king of Mercia, no friend to Church, 747, Pf.
Ceolnolh, archbishop of Canterbury, discountenanced monks, 657, Pf.
sate the longest of any in that see, 693, Pf., (viz., 40 years.)
Chalice and paten, not to be made of horn, 785, 10.
of wood, 957, 22.
to be molten, or made of metal, 960, 41.
Eucharist to be celebrated in no other vessels, 957, 37.
to be used for no other purpose but the sacrament, 994, 18.
Chapters, rural, protection to those who attend them, 1064, 3.
Charms. See Sorcery.
Chichester, a minter there, 925, 4.
Children may be baptized as soon as born, 601, 8, 3.
to be baptized within the month, 693, 2.
to be baptized within thirty-seven nights, 960, 15.
within nine nights, 950, 10.
to be baptized on any doubt that they want it, 740, 41.
to have the Eucharist given them at the same time, 740, 41 ; 740,
MS. 95.
not long to remain unconfirmed after baptism, 960, 1 5.
might be made monks or nuns by parents, 740, 92, 93.
and then ought always so to remain, ibid.
to be whipped till fifteen, afterwards to make restitution for theft,
740,94.
to be carried to the priest for baptism, if sick, 957, 26 ; 994, 17.
to be taught Creed and Pater Noster, 960, 17.
to have the goods of intestate parents, 1 065, 5.
Chilling, or Feversham, 692, Ps.
Chrism, a composition of oil and balsam blessed by the bishop, to be used
in baptism.
to be fetched at the time appointed, viz., Passion-week, 878, 3.
instructions given by bishop on that occasion, 957, Pf. and 36.
priests on that occasion to give account of themselves, 960, 67.
Christian religion, the penalty of rejecting it, 878, 2.
 INDEX. 559
Christians not to judaize, 740, 146; 785, 19.
not to observe pagan rites, 740, 147, 148.
not to be Bold to Jews or pagans, 740, 149, 150 j 1018, 3; unless they
forfeit themselves, 1009, 6.
not to clip their hair like barbarians, 740, 151.
not to abuse horses, or scarify themselves, 785, 19.
not to be condemned to death for trifles, 1009, 7.
to avoid unrighteous copulation, 1009, 8 ; 1017, 6.
of all degrees exhorted to their duty by king's council, 1017,1826;
1018, Ps. Sax.
Church not to gain by the sins of men, 601 , 3.
to exercise discipline with moderation, 601, 5 ; 725, Ps. Sax. ; 963, 3.
its lands freed from taxes, 692, 2 ; 696, 1 ; 943, 1.
except from expeditions, bridges and castles, 742.
unjust taxes not to be imposed on her, 785, 14.
not to be deprived of her revenues, 943, 1 .
the church's protection to be first regarded, then the king's, 101 7, 2.
causes concerning church first to be heard in king's court, 1064, 4.
Church rights firmly established, 1009, 9.
the penalty of opposing them by violence, 1018, 19.
Churches, that is, religious edifices, penalty of robbing them, 602, I.
penalty"of breaking their peace, or protection, 602, 1 ; 1009, 9.
reparation of them by a public council, 692, 1018, 29.
to continue as founded, 692.
not to be deprived of tithes of old belonging to them, 740, 24.
nothing to be lodged there but what belongs to them, 740, 35 ; 994, 8.
they who sin there to be Blain there, 740, 78.
the consecration and reconciliation of them, 740, 139.
all of them under the bishop's power, 740. MS. 22.
not to be robbed for fault of prelates, 740, MS. 41, 42.
breaking into them, how penal, 925, 2.
merchandise not to be made of them, 950, 20.
to be preserved from dogs, swine, and all indecencies, 960, 26, 27.
who may be buried in them, 960, 29.
for no use but prayer and mass, 994, 10.
mass to be celebrated no where else, 994, 11.
not to be brought into servitude, 1009, 9.
new ones to be erected, when too many tombs in the old one, 994, 9.
often to be visited with lights and offerings, 1009, 30.
men not to prate, sit up, and drink there, 957, 35.
churches of several degrees of dignity, 1017, 3.
secular courts held there, 1064, 10.
had right to half the treasure found in them, or in churchyards,
1064, 13.
their lands, when they first paid tax of danegeld, 1064, 11.
Church tenants to be sued no where but in the ecclesiastical court,
1064,5.
560 INDEX.
Church-scot, when and how to be paid, 693, 4, 13 ; 944, 2 ; 958, 2 ; 960,
64 ; 1009, 12 ; 1014,4 ; 1017, 10.
Church-thane. See Priest.
Churchyards, the rise of them considered as burial places, 740, 25.
Clergy, or those of the inferior orders, (at least it rarely includes the
priests.)
their share in the oblations, 601, 1.
their behaviour, 601, 2.
some supposed to be married, 601, 2. [?]
Clerk, penalty of robbing him, 602, 1.
not to leave his diocese, 673, 5.
if he does, not to be received without his bishop's letters, 673, 5.
his purgation from any impeachment, 696, 19.
how not to read canons, 740, Pf. Lat.
to be obedient to bishop, and not conspire against him, 740, 58, 59.
not to violate sepulchres, 740, 74.
hurting him, how penal, 740, 75.
not to eat till he hath said an hymn, 740, 108.
how to be tried, 740, 140.
laymen not to testify against, 740, 144.
not to wear long hair or beard, 740, 152 ; 740, MS. 67.
not to go to church without the colobium, 740, 153.
not to bear arms, 740, 159, 160.
not to sit judge on life and death, 740, 155, 156.
to learn arts as well as letters, 740, 157.
the affectation of secular apparel forbidden them, 747, 28.
[living together as a family, 877, 2, note d.]
in capital cases to be tried by bishops, 878, 3.
to live canonically for the honour of the bishop, 943, 5.
to be true to their worldly lords, 960, 1.
how to go to synod, 960, 3.
to sing thirty psalms on an extraordinary humiliation, 1014, 2.
they were under protection of God and Church, 1064, 2.
[Cliffe, see Cloves-hoo.]
Coin. See Money.
Cloves-hoo, a place assigned for synods, 673, 7.
not Cliff in Kent, 803, Pf.
[supposed to be Abingdon, 803, Pf. Addenda.]
Colobium, 740, 153.
Communicants, their oaths of great weight, 693, 9, 10 ; 696, 23.
Communion. See Housel, Mass, Eucharist.
Concubine, he that dismisseth her and takes a wife, blamed, 740, 125.
keeping concubines unlawful, 740, 125 ; 960, 21.
to have a wife and concubine, or two wives, how penal, 963, 27, 28.
Confession. See Shrift.
the manner of doing it to the priest, 963, 110.
they who died without it, not to be prayed for, &c, 785, 20, &c
 INDEX. 561
Confession, the benefit of confessing to priest, and to Qod alone, 994, 30.
capital sins to be confessed, and what they are, 994, 31.
when, and how to be made, 994, 36.
frequency in it enjoined, 1009, 20.
not to be denied to malefactors, 1018, 15.
[Consacramentals, 696, 21.]
Consecration of a church, when to be renewed, when net, 740, 139.
how to be performed, 816, 2.
saint's name to whom the church is dedicated, to be written on the
walls, 816, 2.
Contumacy, or contempt of authority, requires deep satisfaction, 740,
60, 62.
Conversion, taking a coul, and becoming a monk, 673, 4 ; 747, 24.
Cornwall, a bishop's see there, 908.
Corporal, or Corporas, a fine linen cloth for the sacrament, 960, 33.
Corsned, a sort of ordeal, 1017, 5.
Council. See Synod.
County Court. See Sunday.
how often to be held, 958, 7.
Cross used in swearing, 734, 3 ; 785, Ps. Lat.
carried before priest in procession, 747, 16.
decrees and public acts ratified with the sign of the cross, 785, Ps. Lat. ;
796, 803, Ps. Lat.
what is so signed to remain inviolable, 816, 6.
adored, 957, 37.
Crown of a clergyman, or monk. See Tonsure.
[Cuthbert, St, his day, 877, 20, p. 329, note*.]

Danes invade England, 816, 7 ; 877, Pf-

Danegeld, a tax laid for repelling Danes, 1064, 11.
Dancings, obscene, forbid, 1009, 21.
Deacon, the penalty of robbing him, 602, 1.
his purgation, 696, 18 ; 734, 3.
of what availment his testimony was, 734, 1.
not sufficient to prove a nuncupative will, 734, 2.
when ejected, not to be received till he submits, 734, 4.
forbid sub-introduced women, 740, 31.
what marriage disqualified for this order, 740, 32 ; 740, MS. 79.
to continue in the title to which he was ordained, 785, 6.
not to be ordained before twenty-five, 740, 91 ; 740, MS. 13, [note.]
not to bear arms, 740, 154 ; 160.
to say thirty Psalms on extraordinary humiliation, 1014, 2.
Dead corpses, how to be treated, 957, 36.
Deans, rural, 1064, Ps. Addenda.]
JOHNSON. N n
562 INDEX.

Decrees not valid without consent of most, 740, 47.

ready drawn by presidents, 785, Pf. [Lot.]
of the first six general councils received, 785, 1.
of the popes to be often read, 785, 4.
Dedication, the day on which the church was consecrated, and of the
saint to whom it was dedicated were to be kept as principal feasts,
and they who kept them under piotection of Church and king ;
1064, 3.
Defendant carries his cause, if plaintiff appear not at third call, 816, 6.
Deposition for violation of sepulchres, 740, 74.
for murder, 740, 16].
for engaging in singular business, 740, MS. 15.
in what case irrevocable, 740, MS. 73.
for encroaching on monasteries, 816, 8.
for habitual drunkenness, 740, MS. 74.
for treason against king, 785, 12.
for decoying a servant to lewdness, 963, 34.
for the priest neglecting to baptize a child, 963, 53.
for attempting to get another's church, 994, 16.
for any grievous crime, 1018, 12.
death of the man, 747, 17.
nativity of the martyr, ibid.
Devil-worship. See offering to devils.
Dice forbid to priests, 960, 64.
Dioceses. See Bishoprics.
Divination. See Sorcery.
Divorce, when allowed, 673, 10.
by consent for temporary impotence, 734, 13.
clearly allowed for adultery only, 740, 119.
whether the innocent party might marry again, 673, 10 ; 740, 119, 1 2i
Doom-book, that is, the book containing the laws, ecclesiastical and
temporal, the weregilds, mulcts, and other penalties on offenders,
696, 5 ; 925, 2 ; 994, 16 ; 1014, 8.
\_Drinlc4ean, 950, 56, note J.]
Dummoc, that is, Dunwich in Suffolk, an old episcopal see, [785. Ps.
p. 283, note I ;] 803, Ps.
Dunstan, archbishop of Canterbury, an enemy to the married clergy,
957, Pf.
when advanced to that see, 958, Pf.
his penitential, 963, Pf.
his enjoining penance to King Edgar, and an earl, 9G3, Ps.
canonized, and his feast enjoined, 1017, 17.
[Dumcich. See Dummoc.]
 index. 563

E.
Eadhed made first bishop of Lincoln, and removed, 679, Pf. and 4.
Ealridfrid, king of Northumberland, opposes the pope and Wilfrid,
680, Ps.
Eanham, jEiiAam, Ensham, a place of council in Oxfordshire, 1009.
Earls, counts, chief noblemen among the Saxons, superior to aldermen,
692, 3.
their purgation, 696, 20.
Easter, when to be kept, 673, 1 ; 740, 37.
Easter-week, to be kept as the Lord's day, 740, 104.
the four first days of it to be observed, 957, 37.
[days before Easter, services on, ibid.]
how to prepare for keeping it, 994, 36.
Easterns. See Orientals.
Ecclesiastics, that is, bishops, clergy, monks, canons, and nuns.
committing crimes among laymen, to be punished by them, 734, 8.
to lose what they got by suing in secular courts, 734, 10.
to avoid drunkenness, and not sit to drink before nones, 747, 21.
to be always ready for communion, 747, 22.
not to eat privately, 785, 9.
king, earl and bishop, their advocates, if drawn into a crime, 878,
12 ; 926, 4.
their behaviour to each other, 960, 2.
not to let their beards grow, 960, 47.
king to be their advocate, if drawn into a crime, 1018, 11.
to be judged by bishop for crimes against secular laws, 1018, 14.
adultery a great crime in them, 1018, 21.
[Ecybriht, Excerptions, Bodl. MS. of, 740, 162, p. 323, note *.]
Ecgforth, anointed king in his father Offa's life-time, and taught his duty,
785, 11.
Ecgfrid, king of Northumberland, thrusts Wilfrid from his diocese,
679, Pf.
disobeys pope, and imprisons Wilfrid, 680, 6.
Edyar, king of England, an enemy to married clergy, 957, Pf.
yet his zeal inflamed by Dunstan, 958, Pf.
his penance for deflowering a nun, 963, Ps.
Edward, king and martyr, his feast observed, 1017, 17.
Edward, king and Confessor's laws, how collected by Conqueror, 1064,
Pf. ; 1065, Pf.
Edwin, king of Northumberland, an encourager of Christianity, 679, Pf.
Edwy, king, a countenancer of the married clergy, 957, Pf.
Election of bishops and other prelates, 692, 3 ; 742, Pf. and 785, 5.
Etfric, archbishop of Canterbury, the Grammarian, 957, Pf.
[who the author of the canons, ibid.]
[different persons of the name, ibid. p. 387, note , and p. 388, note*.]
Elmam, or Helmam in Norfolk, an old bishop's see, 803, Ps.
Nn2
564 INDEX.

Ember Weeks, 734, 15 ; per tot. et Ps , 747, 18 ; 1009, 16.

Wednesdays, Fridays and Saturdays, in these weeks, allowed to slaves,
877, 20.
[Ercunwald, time of his death, 603, Pf. ; p. 136, note*.]
Ernes, the month August, 696, Pf.
Ethelbald, a vicious king of Mercia, 747, Pf.
[his grant, 742, Pf., p. 237, note*.]
Ethclliert, first Christian king of Kent, 601, Pf. ; 602.
Ethelred, king of Mercia, opposes Theodore, 679, 4.
king of England, driven into banishment, but returns, 1014, Pf., and 7 ;
[p. 342, note*.]
Ethelstan, king of England's charity in giving, 925, 1.
in forgiving, 926, 1.
[enactment of tithes, 925, 1 .]
Ethdwolf, king of West-Saxons, a clergyman, and great benefactor to the
Church, 877, Pf.
what he gave, 1064, 8.
Eucharist, given to children at baptism, 740, 41 ; 740, MS. 95.
bread of it offered by the people, 785, 10.
not to be received without advice of a priest, 785, 20 ; 994, 44.
use of it in consecrating churches, 816, 2. See HouseL
Evcester, a place of synod, 925, 7 ; 926, Pf.
two minters there, 925, 4.
Excommunication clerical, or against clergymen or bishops.
for leaving their diocese, 673, 5.
for uncleanness, 696, 4.
against those that receive them, 673, 5 ; 740, 6 [?] ; 734, 7.
against priests who deny to give baptism or penance, 740, 40.
annual, against bishops who take away church goods, 740, 7 1 .
against clerks who go into church without the Roman tonsure, 740, 1 53.
or the colobium, ibid.
or that communicate with a condemned bishop, &c, 740, MS. 73.
or that are guilty of detraction toward their superiors, 740, MS, 75.
for decoying another's servant to uncleanness, 963, 34.
for being complice in any great crime, 1017, 5.
for withstanding the bishop's sentence, 950, 45.
Excommunication against laymen.
for uncleanness, 696, 3.
for usurping holy orders, or accepting the ministrations of such, 734, 5.
for violating sanctuaries, or men in orders, 740, 75.
for going out of church in sermon time, 740, 84.
for cutting the hair like barbarians, 740, 151 ; 740, MS. 67.
for using the habit of the other sex, 740, 153.
for using sorcery, 740, MS. 66.
for communicating with a condemned bishop, 740, MS. 73.
for withholding church rights, 944, 2.
for bereaving a man of his wife, 963, 32.
 INDEX. 565

Excommunication, for forcing a woman, 963, 33.

for perjury, or bearing false witness, 994, 26, 27.
for selling men to foreigners, 1014, 5.
for debauching one's slave, or keeping a concubine, 1018, 2.5.
Excommunicates, how to be treated, 740, 162.
no one to pray, or eat with them, 740, MS. 70.
not to be received by another bishop, 740, MS. 71.
the penalty of sheltering them, 1018, 30.
said to be outlawed by God, if obstinate, 1018, 4.
while they were going for absolution they were protected, 1064, 3.

Familia, 734, 1 ; 1009, 1. See Plough-land.

Fasts, solemn, 734, 16 ; 943, 9 ; 950, 50 ; 958, 5 ; 1017, 15, 16.
not to be broken under pain of divine wrath, 740, 107.
to be uniformly kept after the Roman pattern, 747, 13.
[of English Church, appointed by St. Gregory the Great, 1009, 18, note .
till noon, or throe afternoon, 747, 16.
till after evensong, 994, 39.
mulcts for violating them, 696, 15, 16 ; 878, 8 ; 1017, 17.
oaths and ordeal forbid on fasts, 878, 9 ; 960, 24 ; 1009, 1518.
to abstain from wives on such days, 960, 25 ; 994, 43.
of Friday, when intermitted, 957, 37 ; 1017, 16 ; 1009, 17.
uniformity in them enjoined, 960, 48.
made meritorious by alms, 960, 49.
to abstain from cheese, eggs, fish and wine was the most perfect Lent-
fast, 994, 40.
Lent-fast not redeemable, 994, 37.
all suits and quarrels then to cease, 994, 42 ; 1009, 1518 ; 1017, 17 ;
1064, 3.
no fksh then to be eat, 696, 15 ; 1018, 17.
none enjoined from Easter to Pentecost, 1017, 16.
Fast, occasional in troublous times, enjoined by king, and great council.
on bread, water and herbs, 1014, 2.
Fasting, enjoined by way of penance for sin,
not to be bought off by almsdeeds, psalmody, die., 747, 26, 27.
may be so bought off, 963, 72.
saying of a rich man on this, 747, 27.
to reserve first meal for supper not fasting, 994, 38. See Penance.
Feasts, solemn, to be strictly observed, 943, 9 ; 950, 50 ; 958, 5 ; 1017,
14, 15.
on which a non-term, 877, 20 ; 960, 23 ; 1009, 1518.
oaths and ordeal forbid on all feasts, 878, 9 ; 960, 24.
to abstain from wives on those days, 960, 25.
uniformity in observing them enjoined, 960, 48.
566 INDEX.

Feasts, St. Gregory's and St. Augustin's enjoined, 747, 17.

two of old to St. Michael, 1014, 2.
All Saints removed, ibid.
St. Edward's and St. Dunstan's enjoined, 1017, 17.
double satisfaction for crimes committed on those days, 1018, 18. See
Sunday.
Fighting, penalties on them that are guilty of it, 693, 6 ; 877, 9.
in county court, 877, 16.
Finchall, a place of council, 81 6, 7.
Flatterers to be gone out of the land, 1018, 7.
Fleet, provision for equipping of it, 1009, 22, 23.
Foreigners, weregild for them how to be shared, 693, 1 1.
to mend their lewdness, or to get them gone, 696, 4 ; 1018, 26.
Foreoath to be made by thane before the priest be brought to purgation,
926, 4.
[Fore-steal, an assault, 1009, 27, note t]
[Formosus, Pope, letter of, 908, p. 337, Addenda.']
[Foster-lean, a payment to the family of a bride, 946, 2, note .]
Fountains and rivers not to be worshipped, 960, 16 ; 10J8, 5.
Fraternities. See Gilds.
Freebooters. See Robbers.
Freeman, his penalty for working on Sunday, 693, 3 ; 878, 7 ; not to be
sold over sea, 693, 8.
Friburg, 926, 4. See Gebeorscype.
Frankincense, 960, 43.
Friday. See Fasts. Long Friday, 957, 37.
Frith-year, [rather Frith-yard] 950, 48.
FrumtaU and Fulloc, 950, 56, [note f-]

Gaol, or imprisonment.
for priest that refuse baptism or penance, 740, 40.
for strolling monks, 740, 62.
for apostatizing Sodomite monks, 740, 62, 67.
for sacrilege, 740, 73.
for clerks not submitting to law, 878, 3.
for the priest that gets another's church, 994, 1 6.
Gebeorscype, a tithing, or society of ten freemen that had a family, 693, 6.
[George, St., his last prayer and day, 877, 20, Addenda, and note .]
[GesitAcundman, what, 693, 12, p. 137, note .]
Gilds, voluntary societies combined for mutual benefit of the associates,
725, Ps. Bishops combine in a gild, 940 ; and priests, 950, 1 ; 960, 9.
loss of this a punishment, 950, 2, 45 ; 1017, 5.
from hence probably the rise of rural deaneries, 957, Pf. ; [see Addenda
at p. 372, to be inserted in p. 386, 1. 32.]
Goal, (as mis-spelt,) see Gaol.
 INDEX. 567
Godfather. See Sponsors.
[Clod-bork, what, 877, 14, note f]
[Good Friday, service on, 957, 37.]
Grathea, [i.e. Greatley,] a place of council, 925, 7, [see note t-]
[Greatanlea, i.e. Greatley, 925, Pf. Sax. note t, 7, note + ; 926, Pf. note +.]
Greeks, within what degrees they allowed marriage, 601, 5.
Gttdrun, or Guthrun the Dane, reduced hy King Alfred, and baptized,
878, Pf.
Gregory the first, pope of Rome, his character, 601, Pf.
enjoined the Romish service, ibid. 2.
and the ember weeks, 734, 16, 1, 2 ; [1009, 16, note .]
[his plan for bishoprics in England, 680, Pf., p. 112, note .]
[prayer wrongly attributed to him, 877, 20, note .]

II.

Habam, a place of council, 1014, Pf.

Habit of priests, 943, 4.
for officiating, 957, 22 ; 960, [33], 46.
Hagulstade. See Hexham.
Hair, not to be scandalously shaved, 960, 20. See Priest, Monk, Pagan,
Tonsure.
Hampton, two minters there, 925, 4.
Harlots. See Whores.
Hastings, two minters there, 925, 4.
Hatfield, a synod there, 673, Pf. ; 679, Ps.
a bishop's see, 803, Ps. ; the same with Sidnacester ; [see Sidnachester
and p. 299, note .]
Healsfang, 696. 12, 13 ; [15, note J ;] 1009, 31.
Heathen and heathenism. See Pagan.
Hedda, sole bishop of Mercians, 679, 4.
Hedde, bishop of VVinton, Theodore's favourite, ibid.
Hereford made a bishop's see, 679, 4.
Heresfride, a reproving priest, 747, Pf.
Herudford, Hartford, a place of synod, 673, Pf.
Hexham, Hagulstade or llagustald, made a bishop's see, 679, 4.
[Uigebriht, chosen archbishop of Lichfield, 785, Ps. note* ; p. 283, note .]
[ibid., Addenda p. 285 ; 796, Pf. note.]
Hilda, the notable abbess, 673, 1 ; 680, Ps. [Lat.]
Hirman, 1014, 1.
[Hloth, what, 693, 9, note .]
Holy night, night before the first Sunday in" Lent, 994, 38, note ]
Hospitality of bishops, 601, 1 ; 673, 6.
of bishops and priests, 710, 26.
of all to all comers, 994, 25.
Hours, canonical, and the service then performed by priests, clerks, and
monks, 740, 28 ; 747, 15.
568 INDEX.

Hours, to be observed in every church, 785, 7 ; 950, 38 ; 957, 19 ; 960, 45.

how to be said in passion week, 957, 37.
the English names for them, 957, 19.
Housel, that is, the sacrifice, or Eucharist, 925, 5. t
not to be given to men half dead, 957, 31.
the sanctity thereof assigned as reason for priest's celibacy, 957, 7.
not to be consecrated on Good Friday, 957, 37.]
[dipped in chalice, ibid. p. 404, note *.]
not to be kept from Easter over year, ibid.
nor till it be too stale, ibid.
to be denied to them who cannot say Creed and Pater Noster, 960, 22.
to be taken fasting, 960, 36.
to be burnt, if corrupted, 960, 38.
to be reserved with care, 960, 38, 42.
to be received every Sunday in Lent, every day in Easter week, 994,
41.
thrice a year, 1009, 20 ; 1017, 19.
with what preparation, 994, 44.
some minster men, &c, were always prepared for it, 944, 44. See
Eucharist.
Hunting forbid to priests, 960, 64.
forbid to all on Sundays, 1009, 15.
Husbands, when to abstain from their wives, 601, 8, 4 ; 740, 106, 109 ;
960, 25 ; 740, MS. 81.
on what occasion to bathe, 601, 8, 6.
in what case they need never abstain from wives, 601, 8, 6 ; 740, 110.
may marry one month after wife's death, 740, 116.
divorcing a wife may not take another, 740, 120 122.
whether this may be done with bishop's consent, 740, 122.
may marry again if his wife be taken captive, but on what condition,
740, 123.
in what case marriage is dissolved by consent, 950, 54.
lying with his slave, or keeping concubine, how punished, 1018, 25.
might make assault, if he saw a man under one cover with his wife or
daughter, 877, 19.

Janbyrht, or Lambert, Archbishop of Canterbury suspected, and ill-treated

by King Offa, 785, Ps.
Idiot* are to have all religious offices ministered to them, 740, 81.
Jewish practices are forbid, 740, 146.
Jews are under king's protection, 1064, 15.
Image worship not introduced in times of Charles the Great, 785, 4.
yet prevailed in King Alfred's time, 877, Pf. Sax.
llmpoteiice, accidental case of, 734, 13, Addenda.]
 . INDEX. 569

Imprisonment. See Gaol.

Incendiaries, such as set houses, &c., on fire, how punished, 925, 3.
Incest forbid, 601, 4, 6 ; 673, 10 ; 740, 145; 1018, 22 ; 943, 7.
the sorts of it particularly specified, ibid., and 740 ; 126135.
Incestuous marriages were not utterly annulled upon conversion, 601, 5.
utterly annulled, and a new marriage allowed, 740, 126.
the separated couple not to dwell in one house, 740, 127.
the persons of the incestuous couple forfeited to king and bishop,
878, 4.
Ine, king of West Saxons, grants Peter-pence, 693, Pf.
[date of his laws, 693, Pf.]
Infants. See Children.
Interdict, a prohibition of administering and receiving sacraments ;
inflicted on this nation, 816, Ps. ; 908.
John of Beverley, a saint, took share of Wilfrid's diocese, 680, Ps.
John, patriarch of Constantinople, styled himself universal bishop, 601, Pf.
John, precentor of St. Peter's, Rome, his business here, 673, Pf. ; 679,
79.
{Jorval, Chronicle of John Brompton of, 877, 2, note .]
Irregular, that is, bishops or clergymen ordained under some incapacity,
or that officiated when under censure, 950, 3.
in what case never to hope for indulgence, 740, MS. 73.
Judges, temporal, their duty, 785, 13 ; 1014, 8.
to be distressed by the bishops, if they transgressed, 958, 6.

K.

Kenred king of Mercia opposes Theodore, 679, 4.

Kent purchaseth peace of the West-Saxons, 693, Pf.
King, penalties for offences against him, 602, 3, 4.'
his share of the foreigners' weregild, 693, 11.
penalty of fighting in his presence, 693, 6.
for breaking his house, 693, 12.
for killing his godson, 693, 14.
not to violate rights of the church, 692, 2.
not to choose prelates, 692, 3.
freely to be obeyed and prayed for, 696, 1.
his word valid without oath, 696, 17.
prayers to be made for him and his great men, how, 747, 15, 30.
his power over thieves, 696, 26.
how to be chosen and crowned, 785, 12.
how to be honoured, ibid.
a curse against them if they violate what hath been ratified by the sign
of the cross, 816, 6.
permitted by bishops to take mulcts for sin, 877, Pf. Sax.
breach of suretyship with him, how penal, 877, 3.
570 INDEX.

King, had power to dismiss a nun from monastery, 877, 6.

king's priest, what, 877, 16.
burglary committed in his borough, how penal, 677, 17.
to be subject to bishops in Sacris, 943, 2.
what counsellors he ought to have, ibid.
a murderer not to come into his presence, till , 944, 3.
nor any great criminal, unless as a suppliant, 1009, 25.
conspirators against him how to be treated, 1009, 26.
his protection equal to that of the Church, 1017, 2.
when and where it prevailed, 1064, 12.
to be advocate for clerks and strangers drawn into crimes, 1018, 11.
to constrain men to make satisfaction to bishops, 1064, 3.
to outlaw with his own mouth violators of church protection, 1064, 7.
his right to treasure trove, and to half in the church, 1064, 13.
a pretended law that he may forfeit his crown, ibid.
King's thane, 693, 12.
his purgation, 696, 20.
Kirton in Devonshire, a bishop's see, 908, Addenda.

Lah-cheap, 950, 56.

Lammas, or Peter-mass, the feast of St. Peter ad Vinculo, Aug. 1.
day assigned for paying Peter-pence, 958, 4 ; 960, 54 ; 1009, 11 ; 1017,
9; 1064, 11 ; 1065, 3.
Land-cheap, 950, 56.
Laymen forbid to invade churches, 692, 2.
forbid to share in mulcts paid by ecclesiastics, 734, 8.
they who defile nuns to forfeit as for a double adultery, ibid.
to communicate on the three great feasts, 740, 38.
not to teach unasked before a clerk, 740, 85.
not to condemn the ecclesiastical judicature, 740, 86.
not to testify against clergymen, 740, 144.
may baptize in extremity, 740. MS, 95.
therefore ought to have the Eucharist with them in their travels, 74<),
MS. 95.
forbid to walk about in cloisters of monks or nuns, 747, 20.
to have every one his own wife, 785, 16.
not to go too near the altar at mass, 994, 6.
not to choose lords over God's heritage, 796.
Lector, his order and office, 957, 12.
Legates from Rome. See John precentor, 679, 9.
Gregory and Theophylact, 785, Pf. and Ps.
Lent. See Fasts.
a crime was doubled as to its penally for being then committed, 877, 5,
17; 1018, 18.
not keeping it declared damnable, and how, and why, 994, 37.
 INDEX. 571

Lenten veil, 877, 17.

Lenta kept by the most superstitious, three in the year, and five or seven
enjoined in penance, at the discretion of the confessor, 963, 43, 46 ;
740, 162 ; 740, MS. 94.
Lewes, two minters there, 925, 4.
Liars to get them gone out of the land, 1018, 7.
Light-scot, 878, 6 ; 1009, 12, 13.
the three times of paying it, 1017, 12. [960, 34, note J.]
Light to be always burning at mass, 960, 42.
Lichfield, of the division of that diocese, and succession of their first bishop,
673, 9 ; 679, 4. See Aldulf and Canterbury.
Lindisfarne or Holy Island made a bishop's see, 679, Pf.
several bishops there of the British or Welsh communion, ibid. 680, Pf.
Lindsey, or Lincoln, a bishop's see erected there, 679, Pf. ; [816, p. 300,
note t.]
Litanies or processions to be observed, 747, 16.
[Loccj, enticements, 963, 34 f.]
Pope Gregory's and Augustin's name to be inserted into the devotions
then used, 747, 17.
London intended for the see of the primate of this province, 601, 7;
680, Pf.
again proposed by Kenulf, king of Mercia, 796, Pf.
a place of council, 925, 7, and 8.
eight minters there, 925, 4.
Lords advantage to keep faith with his men, 1017, 20.
[Lord's gift, what, 950, 56 ; p. 382, notct]
Lord's dag. See Sunday.
to be duly observed, 740, 36, 104 ; 747, 14 ; 943, 9.
bishops to be ordained on that day, 740, 96.
prisoners to be indulged on that day, 740, 105.
Luidhard, French bishop at Canterbury when Augustin first came there;
601, Pf., [and 2.]
Lgblac, 925, 3 ; 944, 6.

M.
Magbote, the part of the weregild belonging to the relations of him that
was murdered, 693, 14.
Maid, betrothed and taken captive, might claim her spouse when she
returned, 963, 35.
he that steals a maid shall marry her, 963, 45.
Malefactors condemned not to be denied shrift, 878, 6.
not to be executed on Sunday, 878, 9.
suffering loss of limb, and surviving the third night might be cured,
878, 10.
Manbote, the lord's share of the weregild for his murdered man, 693, 14 ;
1064, 12.
572 INDEX.

Martens, a ploughland or tenant of it, 734, 1.

[Manworship, i. e. false worship, 960, 16, notef.]
Manse, one ought to belong to every church, and that to pay no secular
service to the lord, 740, 25.
Magi, bread, wine and water to be prepared for it, 740, 98 ; 960, 39 ;
994, 5.
when to be celebrated in a private house, 957, 25 ; 960, 30. See Eucha
rist, Housel, Altar, Priest,
not to be celebrated by priest alone, 960, 35 ; 994, 7.
and in a church only, or tent in the army, 994, 11.
to be said softly in the oratories, and why, 994, 45.
contra paganos every Wednesday, 95", 37 ; and every morning during
Danish invasion, 1014, 3.
Mats vestments, 960, 33.
Mats-priest. See Priest.
Masters of churches, 673, Pf. Lat.
Matrimony with cousin-gennans forbid, 601, 5.
in what degree allowed, 601, 5 ; 740, 130 ; 950, 52 ; 1009, 8 ; 1017, 7.
forbid godmother, nuns, &c, 740, 129 ; 950, 02.
forbid to the seventh degree, 740, 131, 138.
how to be solemnized, 740, 88
none but that of one with one allowed, 1009, 8 ; 1017, 7 ; 740, 123 ;
740, 123; 950,52.
annulled by consent that one or both may become religious, 740, 118 ;
740. MS. 90 ; 950, 54.
whether the party not religious may marry a second time, 740, MS. 85.
of a brother with a brother's widow disallowed, 740, 1 28 ; 963, 30.
that law allegorized, 740, 145.
of priests seems to be allowed, 950, 35 ; 957, Pf.
declaimed against, 957, 1, 5, 7.
why not forbid priests under the old law, 957, 6.
for a priest to cohabit with his wife made a crime equal to murder,
963,40.
a second allowed to laymen, 957, 9.
of what women disqualified men for holy orders, 740, 32 ; 740, MS. 79 ;
957, 8.
they in this state admonished to communicate, 747, 23.
not to dismiss each other, 950, 54. See Divorce.
[Maundy-Thursday, services on, 957, 37.]
[Meal, of the third hour, 994, 38, note *.]
[Michael, St., Feast of Dedication of, 1014, 2 ; p. 497, note .]
Measures. See Weights.
Mid-winter, Christmas so called, 693, 13, &c.
Mind-day, 877, 20.
Minster, a monastery or great church, 693, 6.
to continue as founded, 692, 1. See Monastery.
Minster-house, place of sanctuary near the church, 877, 2.
 INDEX. 573

Minster-priest, he who belonged to some religious or collegiate church,

960, 46.
Minters, where and how many, 925, 4.
Missal or Mass-book, the Roman from beginning used here, 601, 2 ; 734,
16, 1, 2.
Monastery, not to be molested, 673, 3 ; 816, 8. See Books.
some time governed by such as were not priests, 696, 18; 734, 7;
747, 5.
some had two heads, 734, 11.
belonged to some as a property, ibid.
a stop put to these practices, 796 ; 816, 8.
Monks, not to leave their houses, 673, 4.
to observe their rule, 693, 1.
not to be entertained without licence, 696, 8.
how to purge themselves from impeachment, 696, 23 ; 734, 3.
most clergymen monks of old, 734, 6.
in some cases to be torn from monasteries by secular force, 734, 14.
ought not to conspire against bishops, 740, 59.
to be subject to his abbot, and have no property, 740, 62.
not to break his vows, 740, 65 ; 943, 6.
in what case to be whipped, and lose his tonsure, 740, 67, 68.
forbid flesh and fowl, except when sick, 740, 69.
to be monk deemed a perpetual penance, 740, 61, 77.
not to sit as secular judges on clerks, 740, 143.
not to bear arms, 740, 160.
ought to carry the Eucharist with them iu their travels, 740, MS. 93.
forced to work in the king's buildings, 747, Pf.
the behaviour regulated, 747, 20, 29 ; 785, 4 ; 1009, 1.
to avoid drinking before noon, 747, 21.
[allowed to drink wine, ibid. Addenda.]
to be always prepared for communion, 747, 22.
to be tried before they receive tonsure, 747, 24.
affectation, secular apparel forbidden them, 747, 28.
they that strolled to return to their houses, 747, 29.
to keep close to their houses, and labour, 9 13, 6.
they are no proper order, 957, 18.
to be true to their worldly lords, 960, 1 .
strollers, bow to reform themselves, 1009, 1.
to sing the third psalm with limbs extended on the ground, 1014, 3,
and thirty psalters, on an extraordinary humiliation, [during the
Danish invasion,] ibid.
Monkery greatly encouraged by popes, 601, Pf.
Money, to be every where the same, 925, 4.
places where to be coined, ibid.
value of ancient denominations uncertain, 926, 2.
to be reformed, 1009, 22.
Murderers to get them gone out of the land, 1018, 6.
574 INDEX.

Murderers to be delivered to the kindred of him that is murdered, 1018, 27.

Musical concerts forbid to bishops, 679, 5.
Mynikens, strict nuns, 1009, 1, [see note ] ; 1017, 6.

Necromancy. See Sorcery.

Noon, originally none or nones ; three in our afternoon, how it came to
vary in its signification, 958, 5. See Hours.
Northumbrians converted, and their whole kingdom but one diocese,
679, Pf.
Nuns, their behaviour regulated, 747, 19, 20 ; 785, 4.
forbid gaudy secular apparel, 747, 28.
they that stroll to return home, 747, 29.
a nun called a spouse of Christ, 785, 16.
how treated if she married, 877, 6.
a double mulct for handling her breasts or weeds, 877, 10.
marriage with her incestuous, 943, 7.
defiling her, how punished, 944, 4 ; 950, 52.
their defilers, and they how punished, 950, 53.
if they eloped, to make satisfaction at sheriff's discretion, 963, 36.
might hear mass in their oratories on festivals, 994, 45.
[how distinguished from mynikens, 1009, 1, note .]

0.
Oaths of old valued according to the wealth of the deponents, 693, 9 ; 926,
3 ; 734, 1.
[thos eof priests and communicants of more value than others, 693, 9, 10 ;
696, 23 ; 926, 3.]
made by laying hand on altar, 696, 1821.
[used to terminate litigation, 696, 21.]
or on the cross, 734, 3.
or on relics or books, 1014, 2.
of chastity, 740, MS. Pf.
taken of king and bishops to observe decrees of council, 785, Ps. Let.
forbid on feast days, 878, 9. See Feasts.
Oblations of Eucharist to be made in consecrated places only, 740, 52.
none for self-murderers or malefactors, 740, MS. 96.
Oblations of the people, how divided, 60 1 , 1 .
Obit of bishops to be kept, 816, 10.
Odo, the good archbishop of Canterbury, though a Dane by birth, 943,
Ps. Lat.
not a monk, till nominated to this see, his barbarity, 943, Pf.
he removed St. Wilfrid's corpse to Canterbury, 680, Ps.
 INDEX. 575

Offa, king of Mercia, in league with Charles the Great, 785, Pf. and Ps.
the synodal edicts sent him by that emperor, 785, 4.
he made laws, now lost, 877, Pf. Sax. [p. 317.]
dismembers the province of Canterbury, goes to Rome, grants Peter-
pence, 785, Ps.
Offering to devils, how penal, 696, 13, 14.
Oils for baptism, and unction of the sick*, distinct, 957, 32.
the first not to be put into the font, but upon baptism, 957, 37 ;
960, 66.
[Ousting, what, p. 127 note *.]
Ordeal, that is, trial by fire or water ; the manner of it, 925, 5, and 8.
[supposed to be a Danish custom, 925, 8, note q. Addenda.]
to be done under the inspection of bishop, or his minister, 1064, 10.
to be used only when the party could make no other purgation, 1065, 2.
and by persons of inferior rank, 960, 62.
the English put to it, the Normans excused, 1065, 7, 8.
the rise and fall of it, 1065, 2.
never used on feasts and fasts, 878, 9 ; 960, 24.
Orders of clergy, seven particularly specified, 725, 1 7 ; 957, 1017.
Ordination of bishops always on the Lord's day, 740, 96.
of priests, deacons, &c, on Saturday in ember-week, 734, Ps. Lat.
simoniacally given, null, 740, 43.
not to be conferred without a council of priests, 740, 44.
nor without a title, 740, 51.
nor to such as are possessed, 740, 83.
nor without previous examination, 747, 6.
Orientals, 785, 4, 19.
Osred, king of Northumberland, no friend to the Church, 747, Pf.
Ostiary, his order and function, 957, 1 1.
Oswald, archbishop of York, an enemy to married clergy, 950, Pf.
Oswald, a religious king of Northumberland, 679, Pf.
Out-lawed by God and man, a sentence passed on apostates, 1018, 2.
and on those who violated the Church's protection, and refused to bo
brought to satisfaction, 1064, 7.

Pagan superstitions not to be used, 740, 147, 148 ; 1018, 5.

particularly recited, 785, 19.
the penalty of practising them, 878, 2 ; 950, 47, 66.
their songs not to be used in Christian feasts, 960, 18.
their modes of shaving not to be imitated, 960, 20.
Pall, the archiepiscopal robe,
sent by Pope Gregory and Augustine of Canterbury, 601, Pf. and 6.
sent to Paulinus archbishop of York, 679, Pf.
recovered by Ecgbriht after one hundred years' intermission, 734, Pf.
676 INDEX.

Parchment used for writing letters, 734, Pf. Lat.

Pater Noster and Creed to be taught to all, 994, 22. See Burial.
a tale of them said by studs fixed on belts, 816, 10.
sixty redeemed one day's fasting, 963, 72.
Paulinus archbishop of York without a suffragan, 679, Pf.
died bishop of Rochester, ibid.
Peace. See Protection.
Pedigree to be kept by all to the seventh generation, 740, 137.
Penitent ought to be received, 740, MS. 88.
and to communicate before his penance is finished, 740, 39.
Penitential, or penitentiary, the book containing the certain penance, that
is, fasting, alms, or austerities to be performed for every crime, 957,
21 ; 673, Pf.
Penance, public or solemn, to be given by the bishop on Ash-Wednesday,
963, 12, 13.
to be denied to none that want it, 740, 40.
to be done by an officer of the army for fornication, 696, 5, 6.
by the comman man for the same, t>96, 6.
for murder, 734, 12.
for violating sepulchres, 740, 74.
for violating sanctuary, 740, 75.
for a second marriage, 740, 89.
for doing the conjugal act on Sundays or fasts, 710, 1 06.
for marrying after divorce, 740, 122.
Penance for a man slave, who being freed, dismisses his slave wife, and
takes another, 740, 124.
for marrying godmother, nun, or near kinswoman, 740, 132.
for lying with two sisters, 740, 136.
for priests and clerks committing murder, 740, 161, 162.
for sorcerers, and such as use pagan rites, 740, 148.
for clerks and others committing murder, 740, 162.
for such as are excommunicate, ibid.
for murder of all sorts, 740, MS. 94.
for letting a child die unbaptized, 740, MS. 95.
1 for wilful murder, 963, 15.
for intention of murder, 903, 16.
for unwilful murder, 963, 17.
for murdering a subdeacon, deacon, &c, 963, 18.
for murdering one's own child, 963, 19.
for a woman murdering her child, 963, 21.
for murdering a slave, 963, 22.
for murdering a husband or wife in jealousy, 963, 23.
for sodomy, 963, 25.
for adultery, 963, 26.
for contracting second marriage while the first subsists, and for them
that were present at the contract, 963, 27.
for bishop, priest, monk, &c, guilty of murder, 963, 2037.
 INDEX. 577

Penance, for murdering any ecclesiastic, or near kinsman, the penance is

reserved to pope, 963, 38.
for a priest that broke marriage, 963, 39.
for a priest or monk that received his discarded wife, 963, 40.
for defiling a nun, and for the defiled nun, 963, 41.
for desiring a woman unlawfully, 963, 44.
for him that steals a maid, and for the maid, 963, 45.
for sodomy, 963, 46, 51.
for self-defilement, 963, 47.
for murder by witchcraft, 963, 48.
for staking a man, 963, 49.
for procuring love, 963, 60.
for overlaying a child, 963, 52.
for letting a child die unbaptized, 963, 53.
for selling a Christian into a heathen country, 963, 54.
for perjury, 994, 27.
times for penance to be determined by bishop, 740, MS. 92.
not to come into the king's presence after murder, till penance is begun,
944, 3.
the manner of the priest's giving penance, 963, 1014.
monkery, or severe pilgrimage, the deepest penance, 963, 64, 71.
not to come within a church, yet to affect holy places, 963, 65.
to go to them with a light, to be hospitable to all, 963, 69.
to use corporal severities, particularly the cold bath, 963, 63, 65, 70.
redemption of penance by a penny a day, 963, 71, 72.
mock penance, 963, 7577.
People in a civil or state council in Kent, 696, Pf. Sax.
Perambulation days, 926, 1. See Litanies.
Perjury declared to be a capital crime, 994, 26.
[of ecclesiastical cognizance, 877, 1, note J.]
they who commit it, to be driven out of the nation, 878, 1 1 ; 944, 6 ;
1009, 4 ; 1018, 6.
their oath for the future null, 925, 7.
Peter-mass. See Lammas.
Peter-pence given by King Ina, 693, Pf. ; by King Offa, 785, Ps. ; how,
and where to be paid, 950, 51 ; and by whom collected, ibid.
he who made default to carry it to Rome, 958, 4.
when to be paid, 960, 54, &c. ; 1009, 11.
an ox to be taken from the tenant that refuses payment, 950, 51.
new laws to enforce the payment of it, 1017, 9 ; 1064, 11 ; 1065,
3,4.
Pilgrimage enjoined to such as hurt or murder clerks, 740, 61 ; 963, 38.
to such as oppose discipline, 740, 61.
to such as are sacrilegious, 740, 73.
to such as commit murder within verge of the church, 740, 77.
or that kill a near kinsman, 963, 38.
Plays forbid to bishops, 679, 5.
ioiinson. O O
578 INDEX.

Plegemu-nd, archbishop of Canterbury, consecrates seven bishops at once,

908, Pf.
Plough-alms, 878, 6 ; 960, 64 ; 1009, 10.
occasional plough-alms, 1014, 1.
Plough-land, how much of old, 734, 1 ; 1014, 1.
Pope's growth of authority, 601, Pf.
his meddling with British affairs, 679, 680, per tot.
the ordering of all Churches attributed to him by his creatures, 680, 1.
in what case giving of penance was reserved to him, 963, 38.
Poor, their share in oblations, &c, 601, 1 ; 740, 5.
Praying by the spirit, that phrase abused, 747, 27.
Prayers for such as cannot say Pater Noster, 994, 23.
how laymen were taught to pray to God and saints, 994, 23.
for the dead, 747, 27 ; 816, 10 ; 940.
Presbyteress, 740, 133.
Priest signifies or includes bishop, 673, Pf. Lat. ; 734, 8 ; 740, MS. 43 ;
747,5,30; 785,3, 11; 679, 5.
Priest of the second order.
in what case he might or might not say mass, 601, 9.
penalty of robbing him, 602, 1.
his punishment for violating Sunday's rest double, 693, 3.
for conniving at uncleanness, neglecting to baptize, and drunkenness,
696, 7.
[corrupt, what, 734, 5. Addenda.']
how to purge himself from an impeachment, 696, 18 ; 1017, 5.
of what availment his oath was, 734, 1.
not sufficient of itself to prove a nuncupative will, 734, 2.
he must produce vouchers for his purgation, 734, 3.
when ejected, not to be received till he submit to bishop, 734, 4.
his punishment for deserting his church, 734, 6.
if a foreigner, not to be received without his bishop's letters, 734, 9.
what crimes disqualified a man for taking or exercising this order,
734, 15.
it is his duty to read and execute canons, 740, Pf. Lat.
to raise churches, and take care of relics, 740, 1.
yet not at his own cost, 740, MS. 43.
to observe the hours of prayer, 740, 2.
to preach on Sundays and holydays, 740, 3.
to teach people to set out their tithes, 740, 4.
to receive and share them, 740, 5 ; 957, 24.
to teach people the Lord's Prayer, Creed, &c, 740, 6.
to pray for the emperor, 740, 7 ; and for his bishop, 740, 8.
to celebrate in consecrated places only, 740, 9 ; 950, 13.
to observe rites and times of baptism, 740, 10.
to baptize the sick at any time, 740, 11.
not to sell sacraments, 740, 12.
to live and die in his proper diocese, 740, 13.
 INDEX. 579

Priest, to avoid drunkenness, 740, 14 ; 957, 29.

to dwell with no woman, 740, 15 ; 994, 12.
not to sue in temporal courts, 740, 16.
not to bear arms, or raise strife, 740, 17 ; nor frequent taverns, 740, 18.
not to be a swearer, 740, 19.
to administer penance and eucharist to the sick, 740, 20.
to anoint the sick, 740, 21.
to have Eucharist in readiness for the sick, 740, 22.
to be placed and displaced with bishop's consent, 740, 23, 56.
to pay no secular service for his manse, &c, 740, 25.
to have a house for entertaining strangers, 740, 26.
if chaste, he is a confessor, 740, 28.
forbid a subintroduced woman, 740, 31.
what marriage disqualifies men for this order, 740, 32 ; 957, 8.
for what crimes to be deposed, 740, 33.
to deny penance and baptism to none that want them, 740, 40 ; 950, 8.
no need celebrate but one mass a day, 740, 54.
not to be present at the feast of a second marriage, 740, 89.
not to be ordained before thirty, 740, 95.
to provide pure bread, wine and water, for mass, 740, 98.
not to be sent far from his church, 740, 158.
not to bear arms, 740, 154.
by neglecting to baptize, damns a soul, 740, MS. 96.
to mind their proper business, and not secular causes, 747, 8.
to be helpful to abbots, ibid.
to be an example to monks, as well as to laymen, 747, 9.
had a district assigned him by the bishop, ibid,
to learn and teach others Lord's Prayer, Creed, words of baptism, and
consecration of the Eucharist, 747, 10.
that he practise uniformity, and catechize children and sponsors before
baptism, 747, 11.
to be exact in pronouncing divine service, and do not intrench on bishop,
747, 12.
to invite people to sermons and masses, 747, 14.
to continue in the title to which first ordained, 785, 6.
not to say mass with naked legs, 785, 10.
not to be judged by secular men, 785, 11.
how to be treated, if guilty of murder, 877, 12.
to shave another man like a priest, how penal, 877, 15.
king's priest, what, 877, 16.
his punishment for mistake in a feast or fast, 878, 3 ; 950, 11.
or for not fetching the chrism, 878, 3.
his oath of the same availment with a thane's, 926, 3.
he is to go in his habit, and give good example, 943, 4.
to bless the espoused couple, 9-16, 8.
to help his mates in repelling wrong, 950, 1.
not to take another's church, unless forfeited, 950, 2.
oo2
580 INDEX.
Priest, to find security for observing the priests' laws, 950, 2.
not to officiate contrary to bishop's injunction, 950, 3.
not to transgress the bishop's edict, 950, 4.
not to lay an ecclesiastical cause before laymen, 950, 5 ; 960, 7.
not to transgress the archdeacon's command, 950, 6.
not to officiate contrary to his injunction, 950, 7.
not to neglect fetching the chrism, 950, 9.
not to be ordained by an improper bishop, 950, 12.
not to celebrate without a hallowed altar, 950, 14.
nor in a wooden chalice, 950, 15.
nor without wine, 950, 16.
not to be careless of the reserved housel, 950, 17 ; 960, 38.
not to celebrate more than thrice a day, 950, 18.
not to be turned out of his church without cause, 950, 22.
nor to vilify the church from which he receives his honour, 950,
25.
not to lodge any unfit thing in the church, 950, 26.
not to alienate any thing from his church, 950, 27.
nor to relinquish it, 950, 28 ; 960, 8.
not to vilify another priest, 950, 29.
nor to assault him, 950, 30.
not to help another priest in an unjust cause, 950, 31.
nor to desert him in a just cause, 950, 32.
to warn another priest against hurt designed him, 950, 33.
not to neglect the shaving of his head and beard, 950, 34.
not to dismiss one wife, and take another, 950, 35.
to ring and sing the hours, 950, 36 ; 740, 2.
not to come armed into the church, 950, 37.
to observe the yearly order of service, 950, 38.
to administer ordeal regularly,-950, 39.
not to conceal his tonsure, 950, 40.
not to be a drunkard, musician, &c, 950, 41 ; 960, 57.
not to conceal delinquents in his district, 950, 42.
to give notice of annual church rights, 950, 43.
not to decline the synod, 950, 44.
not to withstand the bishop's sentence, 950, 45.
he has the order of Aaron's sons, 994, 1.
his hands anointed in ordination, ibid,
to work at spare hours after reading, 994.
to be employed in prayer and good works, 994, 3.
to go to synod with books, vestments, &c, there to celebrate ['?], 994, 4.
to bake bread for Eucharist, or see it baked, 994, 5.
not to say mass alone, 994, 7.
to be very precise in conversation, 994, 13.
not to decoy to his church the people of another priest, 994, 14.
not to decoy assisting priests from another, 994, 15.
nor by bribes to get another's church, 994, 16.
 INDEX. 581

Priest must baptize a Bick child brought to him from any place, 994, 17 ;
957, 26.
to have a school in his house, and to teach gratis, 994, 20.
may send any kinsman to the bishop's school, 994, 19.
to give account to bishop of the conversions he .hath wrought, 994,
28.
if he celebrate in an oratory, not to draw people from high mass in the
church, 994, 46.
must not countenance second marriage, 957, 9.
the difference between bishop and priest, 957, 17.
for whom especially to pray, 957, 20.
to be book-learned, and to explain to people Creed, Pater Nostcr, and
Gospel, 957, 23.
not to sell any ministration, 947, 27.
not to remove for gain, 957, 28.
not to be a trader, soldier, pleader, good-fellow, or swearer, 957, 30.
how to administer sacraments, 957, 31.
not to affect secular places, 957, 34.
nor to hunt after dead corpses, make merry over them, &c, 957, 36.
his apparel regulated, ibid.
how to go to synod, 960, 4. ,
to inform against those who have been injurious to him, 960, 6.
not to interfere with another priest, 960, 9.
nor to take another priest's scholar, 960, 10.
to teach manual arts, 960, 11.
the learned not to reproach the unlearned, 960, 12.
nor the noble the ignoble, 960, 13.
to be a fair dealer, 960, 14.
not to delay giving baptism, 960, 15.
to advance Christianity and extinguish heathenism, 960, 16.
not to celebrate alone, nor more than thrice a day, 960, 35, 37.
what he must hare in a readiness when he celebrates, 960, 39.
to eat the housel as often as he celebrates, 960, 40.
not twice to consecrate the same, ibid,
to look out his tide-song, 960, 45.
not to come into church without his stole, 960, 46.
to be uniform in bidding feasts and fasts, 960, 48.
and to keep equal pace with others in church service, 960, 50.
to instruct youth, and dispose them to trades, 960, 51.
to preach every Sunday, 960, 52.
to remind the people of paying church right, 960, 54 ; 9.10, 43.
to sing psalms at distributing alms, 960, 56.
not to be a swearer, 960, 59.
not to be complice in false-witness, theft, &c, 960, 61.
to make his purgation by oath, not by ordeal, 960, 62.
but not except the thane take the fore-oath, 966, 63.
must divert himself with no game but his book, 960, 64.
582 INDEX.

PrUst forbid hunting, hawking, and dice, 960, 64.

his duty in giving penance, the housel and unction, to the sick, 960, 65.
his penance for murder, 963, 18, 20.
to have no wife, 1009, 2.
if chaste, equal to a thane, 1017, 6 ; 1009, 2.
not to be turned out of his church without bishop's consent, 1009, 9.
to sing thirty masses on an extraordinary humiliation, 1014, 2.
he, with reeve and tithing-man, to make oath of the due observation of
the public humiliation by all within their district, 1014, 2, 3.
the dignity of his office, 1017, 4.
if engaged in a feud,1017, 5.
especially to guard his chastity, 1017, 6.
to be enjoined pilgrimage by the pope for any grievous crime, 1018, 12.
being rich, neglected their tithes to the detriment of the Church,
1064, 9.
Primacy. See Archbishop.
Prison. See Gaol.
Processions performed bare-foot, 1014, 2.
Protection of the Church and king equal, 878, 1 .
penalty of violating it, 602, 15 ; 696, 2 ; 1064, 1 ; 1064, 7.
the penalty of it in proportion to the dignity of the church, 950, 19.
the king's extented to the four great high-ways, 1064, 12. See
Sanctuary.
Provinces. See Archbishops.
Psalms, the meaning of singing them for others, 747, 27.
Psalmody, required of the clergy, 601, 1.
at confession of sin, 994, 30.
to be uniform and agreeable to the Roman fashion, 747, 15.
spiritual, 747, 27.
to be used at giving alms, 960, 56.
prescribed as a redemption for fasting, 963, 72.
Puberty, laymen arrived at this age, either to marry or to profess chastity,
740, 113.
Purgation of the whole nation from notorious criminals, by driving them
out of the land, decreed by king and council, 878, 11 ; 1018, 4, 5 ;
1009, 1, 3, 4, 5, 21, 29, 30.
Purgation, or clearing one's self from impeachments by the oath of oneV
self and others, 693, 9, 10, 12 ; 696, 3.
how performed by several ranks of men, 696, 1824.
criminals not allowed to be vouchers, or compurgators, 740, 143.
for adultery, or attempting it, how to be made, 877, 8.
for denying shrift to malefactors, 1018, 15.
for laying hands on ecclesiastics, 1018, 13.
to be triple if the crime be supposed to have been committed on a holy
time, 1018, 18.
for opposing Church rights, 1018, 19.
for breaking into a monastery, 1065, 2.
 INDEX. 583

R,

Rapparees. See Robbers.

Ravishing of women, how penal, 877, 13 ; 1018, 23.
Reading of fables forbid, 960, 20.
of Scripture enjoined, 679, 5.
Rector or superior, to do nothing without consent of brethren, 740, 46.
not to be so studious of worldly, as spiritual profit, 747, 7.
Reeve of the church to indulge prisoners on Sunday, 740, 105.
of the king subject to the bishop, 925, 7, and Pf. Sax.
Reformation of all orders of men. See Purgation.
Relies of saints required diligently to be preserved, 740, 1.
carried in procession, 747, 16.
Religious. See Monks, Canons, Nuns.
Ripon, had Eadhed residing there after his expulsion from the see of
Lindsey, 679, 4.
monastery there founded by Wilfrid, 680, 6.
Roller; how treated, 1009, 27.
to be gone out of the land, 1018, 7.
Rochester, three mints there, one for the bishop, 925, 4.
Rogations. See Perambulation, Litanies, Processions.
Rood. See Cross.
Rome-free, Rome-scot. See Peter-pence.
Rome, privileges granted there, nulled in some cases, 785, 8.
ytugernes, 696, Pf. p. 141.]

S.

Sabbath. See Saturday.

Sacrilege, how punished, 601, 3 ; 740, 72, 73, 80.
Saint worship, 747, 17 ; 994, 23.
Sanctuary, that is, impunity of such criminals as fled to church.
practised here, 602, 1, 4 ; 693, 5 ; 740, 75, 76 ; 877, 2 ; 1064, 6.
not allowed for any crime committed in church, 740, 78.
regulated, 877, 1, 2, 4.
church and king's house were sanctuaries, 945, 1.
king's house none, till penance was begun, 945, 3.
some more powerful than others, 1017, 1.
so was the punishment for violating of them, 1017, 2, 3. See Protec
tion-
Satisfaction to God or the Church (see Penance) necessary for all sin,
994 33.
toward God, was to be according to the canon-book, or penitential ;
satisfaction to the world by doom-book, or secular law, 1018, 9.
Satisfaction of both sorts expressly required by secular law, viz.
for selling a man beyond sea, 693, 8.
for unrighteous copulation, 696, 5, 6.
584 INDEX.

Satisfaction for killing a man in orders a weregild and mulct, yet reli
gious shrift, 725, 1 7.
for breach of suretyship, as the law for breach of covenant, as the shrift
directed, 877, 1.
a vicious priest was to pay his weregild, yet to make satisfaction to
God according to the canon, 878, 2.
incestuous were to pay their weregild, yet to make satisfaction to God
as the bishop directed, 878, 4.
perjurors were disabled, yet must make ecclesiastical satisfaction,
925, 7.
the murderer must pay his weregild, yet make satisfaction as the bishop
directed, 944, 3.
if a child died unbaptized, beside the mulct, there was a satisfaction
to be made to God, 950, 10.
contumacious were to make satisfaction by divine discipline, as well
as worldly correction, 1009, 31.
breach of protection, beside mulct, was to be compounded with God,
1017, 2.
the criminous priest was to make satisfaction both to God and the
world, as bishop directed, 1017, 5.
in crimes for which men forfeited themselves, satisfaction was required
both to God and the world, 1018, 2.
Satisfaction pecuniary to the church, how to be disposed of, 734, 12 ;
1009, 31.
Satisfaction secular to the king, lord, or injured party for hurting one that
came to the king, 60'2, 2 : or that drinks with him, 602, 3.
for robbing a freeman, 602, 5.
for adultery, 602, 6.
for house-breaking, 693, 12.
for uncleanness, 606, 5, 6.
for causing his slave to work on Sunday, 696, 10.
for the slave's working unbidden, 696, 11.
for the free servant that does this, 696, 12.
for all such offenders, 1018, 16.
for eating flesh on fast days, 696, 15, 16.
for murdering, &c, men in orders, 725, 1, 7 ; 1018, 20.
a priest, 1018, 10.
for receiving runagate clerks or monks, 734, 7.
made sometimes by the Church for delinquent clerks or monks, 734,8, 14.
for hurting a clerk, 740, 61.
for violating sanctuary, 740, 75 ; 877, 2 ; 945, 1.
these satisfactions said to be granted to kings by bishops, 877, Pf.
Sax. [p. 316.]
half forgiven to him who confessed an unknown crime, 877, 4.
for marrying a nun, 877, 6.
for adultery, 877, 7.
for fighting, 877, 9.
 INDEX. 585

Satisfaction for murder committed by priest, 877, 12. '

for ravishing, 877, 13.
for binding, racking, shaving innocent men, 877, 15.
for taking down the veil in Lent, 877, 17.
for incest, 878, 4.
for trading on Sundays, 878, 7 ; 925, 6.
for murder by sorcery, incendiaries, and protectors of thieves, 925, 3.
for defiling nuns, and adultery, 944, 4.
none forgiven for murder or fighting, 945, 2.
from priest for invading another's church, 950, 2.
from a priest for celebrating when under censure, 950, 3, 7.
for bringing a cause coram non judice, 950, 5.
for neglecting to minister baptism or shrift, 950, 8.
for neglecting to fetch the chrism, 950, 9.
from father who lets the child die unbaptized, 950, 10.
from priest who misinforms people concerning feast or fast, 950, 11.
or deacon for being ordained by improper bishop, 950, 12.
for celebrating in unhallowed house, on an unhallowed altar, in a
wooden chalice, or without wine, 950, 1316.
for want of care in reserving the housel, 950, 17.
for celebrating more than thrice a day, 950, 18.
for wounding or killing a priest, 950, 24.
for using heathen rites, or sorcery, 950, 47.
for travelling on Sundays, 950, 49.
for breaking fast or feast, 950, 50 ; 1014, 2.
for not paying Peter's penny, 950, 51 ; 958, 4 ; 1017, 9 ; 1065, 3, 4.
for not paying tithes, 950, 51 ; 958, 1, 3.
from a delinquent judge, 958, 6.
from a Norman cast at duel, 1065, 7.
increases in proportion to the order and authority of the offender,
1018, 9.
to the king or lord for abusing ecclesiastics, 1018, 13.
to the king for denying shrift to criminals, 1018, 15.
for breaking suretyship with king, archbishop, bishop, 1018, 28.
none due to him who dies in opposing Church rights, vi et armis,
1018, 19.
Saturday, or sabbath-day, a stated fast, 734, 16, 4.
ordination of priests, &c, on Saturday in ember-week, 740, 97 ; 734,
Ps. Lat.
not observed as a fast, 943, 9.
on this day men to go to church with light, 994, 24.
Sundays, rest of old began on this day. See Sunday.
Saxony, England so called, 679, 3, 6 ; 680, 3.
Scholar, how he was to raise himself, 926, 4.
Scottish clergy forbid to officiate here, 816, 5.
[Scotland, primacy of, 816, 5. Addenda.]
S;ri] tures. See Heading.
586 INDEX.

Seculars. See Laymen.

Secular clergy, that is, such as were not either monks, or regular canons.
See Clergy and Clerks.
Seolsey [Selsey,] a quondam bishop's see in Sussex, 803, Ps.
Sepulture. See Burial.
Servants of God, priests so called, 734, 12 ; 925, 1 ; 957, 27.
monks so called, 693, Pf. Sax. ; 696, 23 ; 740, 61, 77.
both priests and monks so called, 960, 1 ; 1009, 2; 1017, 6.
Servants, testamental, the bishop to appoint what work they should do,
925, 9. See Slaves.
Service of the Church. See Missal, Hours, Books.
Shaftsbury, two minters there, 925, 4.
Ships, the penalty of destroying, 1009, 23.
Shirburn, an old bishop's see, 803, Ps.
Shrift, confession of sins to priest. See Confession.
Shrift, the bishop or priest to whom confession was made. See Bishop and
Priest.
Sidna-chester. [Stow near Lincoln, 785, Ps. ; 803, p. 299, note".] See
Hatfield.
Slaves had property, and were therefore subject to pay mulcts, 693, 3 ;
696, 10, 11, 14, 16; 878, 7.
but they who had no money to be scourged, ibid.
Slaves not to be sold over sea, if innocent, 693, 8.
how their purgation was made, 696, 23, 24.
privileges they had by being freed, 696, 9.
if they stole might be ransomed, 696, 27.
their marriage, whether dissolved by the freedom of one of them,
740, 124.
abbot could not free a slave of the monastery, 740, 70.
every bishop's slave to be freed at his death, 816, 10.
and three of every surviving bishop's, ibid.
Christians not to be slaves to Jews or pagans, 740, 150.
not to be paid as stock on any forfeiture, 877, 7.
freeing of slaves practised as a charity, 925, 1.
how to bo punished for ravishing, 877, 13.
Sorcery forbid, 740, 148 ; 740, MS. 66 ; 785, 19 ; 860, 16 ; 1018, 5.
to be preached down by bishops in synod, 747, 3 ; 785, 3.
in what cases capital, 925, 3.
severe penances for it, 963, 4850.
the guilty to be drawn out of the nation, 1009, 4 ; 1018, 4.
Soul-scot, due while the grave is open, 1009, 12, 13 ; 1018, 13.
to be paid to the church to which the deceased party resorted in his
lifetime, 1009, 14 ; 1018, 13.
Sponsors at baptism, and at confirmation, their duty, 785, 2.
incapacity of being sponsor was a Church censure, 960, 22 ; 994, 22 ;
1017, 22. r -j
had a share in the godson's weregild, 693, 14.
 INDEX. 587

Spousals, the manner of making them to be confirmed by priest's blessing,

946, per tot.
Stones not to be worshipped, 950, 48 ; 1018, 6.
Stranger going out of the common road to scream, or blow a horn, 696, 28.
king to be his advocate, if drawn into a crime, 1018, 11 ; 926, 4.
king, earl and bishop to be his advocate in this case, 878, 12.
Streons-heal. See Whitby.
[Surplice, 960, 33, note".]
Subdeacon, his order and function, 957, 15.
Sunday, working on that day forbid, 693, 3, &c. ; 878, 7 ; 740, 36.
[Stole, 960, 46, notet.]
goods then exposed to sale forfeited, 878, 7.
markets and courts forbid on that day, 925, 6 ; [950, 49 ;] 960, 19 ;
1009, 30 ; 1017, 15.
no malefactor then to be executed, 878, 9 ; 1018, 16.
no travel except six miles about York, 950, 9.
how time to be spent on that day, 994, 23 ; 740, 104.
to be kept from eve till eve, 696, 10.
from Saturday nones till Monday light, 957, 37 ; 958, 5.
Suspension from office for neglecting decrees of synod, 673, Ps. ; 1017, 14.
for neglecting to baptize, conniving at uncleanness, drunkenness, 696, 7.
[Sutkdure, 696, 2 1 .]
Synaxes, 740, 28. See Hours, canonical.
Synods, how oft to meet, 673, 7 ; 785, 3 ; and where, 673, 7.
five first general synods or councils received here, 679, Ps.
four first to be regarded as the four books of Christ, 957, 33.
kings and great men present at synods purely ecclesiastical, 785, Ps. ;
816, Ps.
set mulcts on crimes, and granted them to kings, 877, Pf. Sax. [p. 316.]
pope commands a synod of kings and bishops to be called by arch
bishop, 679, 6.
a synod to stop the invasion of the Danes, 816, 7.
Synod, signifies archbishop and bishops, though not sitting, 680, 6.
Synod, diocesan, in it the priest to inform the bishop what conversions he
had wrought, 994, 28.
protection to those who attended them, 1064, 3.
in what manner priests to go to them, 994, 4 ; 960, 4.
particularly with parchment to write down instructions, 960, 3.

T.

Taxation, for reproof, admonition, 785, Ps.

[Textus Roffensis, pref. p. viii.]
Thanes, their qualifications, 926, 4.
their purgation, 950, 47.
king's thane's purgations, 696, 20.
588 INDEX.

Thanes to help collect Peter-pence, 950, 61.

their forfeiture for not paying Peter-pence, or tithe, 950, 51, 52.
how to pay tithe, or suffer for non-payment, 958, 13.
how he might huild, and endow a church, 958, 2.
must give his fore-oath, if he impeached a priest, 960, 63.
Thanet-UU, 601, 1 ; 730, 1.
Theodore, archbishop of Canterbury, 673, Pf.
[his penitential, 601. Pf. p. 65.]
his attempt to divide dioceses, 679, 680, per tot.
[took effect, 747. Addenda.']
disobeyed pope's commands, 680, 5.
of the pope's staying for him to sit with him in council, 679, Pf.
Thief, [what, 693, 9, note ;] may be slain in the fact, and no weiegild
due on this account, 696, 25.
stranger, how convicted of theft, 696, 28.
if taken, how to be treated, 696, 26.
forfeits double if he steal in church, or on holidays, 877, 5.
they who vindicate them, how punished, 925, 3.
Thunderfield, a place of council, 925, 7, 8.
Tide-song. See Hours.
Tiers. See Nones or None.
Times prohibited for marrying, in what sense, 740, 106 ; 785, 16.
Tithes, and penalties for not paying them, 693, 4 ; 740, 4 ; 5, 24, 99, 100 ;
747. Pf. ; 878, 6; [925, 1.] 943, 10; 944, 2; 950, 51, 54; 1064,
8,9.
how to be shared, 740, 5 ; 957, 24.
not to be taken from old churches, to be given to new, 740, 24.
to be paid of the soldiers and handicrafts men, 740, 100 ; 994, 35.
he who pays them not to be reduced to a tenth, 785, 17.
they were actually so reduced by temporal law, 958, 3.
to be brought to church, and there divided, 957, 24.
when to be paid at All Saints, 1009, 10 ; 1017, 8.
at Equinox, 958, 3.
to be paid as the plough goes, 958, 13.
every tenth acre, 1014, 4.
all sorts of tithes recited and owned, that Augustin preached the pay
ment of them, 1064, 9.
Tithing, occasional and extraordinary granted by king and council, to be
paid by the king's reeves for his land, by bishops, aldermen, and all
subjects probably for the relief of poor people plundered by the
Danes, 923, Pf. Again, 1014, 1 ; but on thanes only.
Tithing, occasional, enjoined in penance, 963, 69.
Tithingman. , See Borsholder.
Title, or right to serve some church.
to be pronounced at ordination, 740, 51.
not to be relinquished, 785, 6.
Tonsure of a cleryman or monk, 696, 8.
 INDEX. 589

Tonsure, the loss of it a penalty, 740, 67, 151153.

not to be concealed, 960, 47.
Tranrubstantiation inconsistent with Elfric's doctrine, 957, 37.
Trees not to be worshipped, 950, 48 ; 960, 16 ; 1018, 5.
Tributarius, 734, 1.

V. U.
Vestments. See IJabits.
Vigils, 734. Ps. Lat. ; 1009, 15 ; 1064, 7.
Virgins, time for their veiling, excepting cases of necessity, 740, 90, 91.
See Maids.
Unction of the sick, 957, 32. See Oil and Priest.
Universal bishop declared an antichristian title by Pope Gregory, 601, Pf.
yet accepted by Pope Boniface, 679, Pf. Lat.
Vows to be performed, 785, 18.
men might be driven to it by secular law, 877, 14.
Usury forbid by canon, 785, 17.
bylaw, 1064, 16.

W.
Wakes of the Church to be kept soberly, 960, 28.
[ WaUerwents, Celtic inhabitants of Cumberland, 950, 47, notet-]
Water, holy, 960, 43.
Weights and measures to be equal, 785, 17 ; 1009, 21, 22.
the bishop to look to this, 925, 9.
Wells made a bishop's see, 908.
Wells. See Fountains.
Welsh, or Britons, how long they opposed the Roman Easter, 673, 1.
Were or weregild, the satisfaction to be made in money for murder to the
kindred of the murdered party, and to the king or lord, 602, 6.
of a foreigner how to be divided, 693, 11.
for a godfather and godson, 693, 14.
slaves shared not in the weregild for their murdered kinsman, 696, 9.
none for a thief slain in the fact, 696, 25.
for clergymen according to their birth, 725, 1.
but additional mulcts were laid on such as killed ecclesiastics, 725, 1
7; 734,12.
Were was at king's disposal, 734, 12.
how duo for murdering a king, 877, Pf. [p. 317,] and 4, [see note*
p. 317 ; 926, 2.]
none due for him that dieth in opposing law, &c, 877, 1 ; 878, 6 ;
1009, 27.
to be paid for rejecting Christianity, 878, 2.
590 INDEX.

Were to be paid by clergymen guilty of fighting, stealing, perjury, or

uncleanness, 878, 3.
by all for incest, 878, 4.
for defiling nuns, 950, 53 ; 878, 4.
in what case for sorcery, 925, 3.
by reeves who disobey the king's commands, 925, 7.
the were of all orders and degrees of men, 926, 2.
the were of a chaste priest equal to that of a thane, 1009, 2.
Werham, two minters there, 925, 4.
Whitby, a conference about Easter there holden, 673, 1:
[Whitern, see Wittern.]
Whores to be driven out of the nation, 878, 1 1 ; 1018, 4.
Widows, their privilege, and when they may marry, 1009, 19.
[Wife, use of the word, 957, 6, note*.]
Wihtred, king of Kent, could not write, 692, Pf.
Wilfrid of York, his great zeal for Roman Easter, 673, 1.
and for planting Christianity among infidels, 679, Pf. ; 680, Pf.
the account of his opposing the partition of his diocese, 679, 680.
dies at Ripon, bishop of Hexham, and is sainted, 680, Ps.
Winfrid, bishop of Mercia, deposed by Theodore, 679, 4.
Winton, or Winchester, the bishop's see there settled by Hedde, 679, 4.
Witches and witchcraft. See Sorcery.
Witnesses are to be impartial, 740, 143.
[ Wit-word, explained, 250, 56, note +.]
Wittern in Gallowayshire, see of the bishops of the Picts, 679, 4.
[included in Northumbria, 796, Pf., Addenda p. 289.]
Wolfs-head, one outlawed by the king's mouth, whom any man might
slay, 1064, 7.
Women, how soon after child-bearing they might go to church, 601, 8.
ought to suckle their children, 601, 8, 4.
not to be repelled from the Communion for what they cannot help,
601, 8, 5.
but should in some cases willingly refrain, 601, 8, 6.
sub-introduced forbid to clergymen, 740, 31.
not to assume to themselves to be teachers, 740, 87.
required at puberty to marry, or profess chastity, 740, 113.
may marry a second husband a year after the death of the first, 740,
116.
if divorced, not to marry till former husband's death, 740, 120.
may marry again if husband be taken captive, but how, 740, 123.
if adulterous, ought not to be retained, 740, MS. 85.
on what occasion to abstain from husband, 740, MS. 81.
English said to turn lewd beyond sea, 747. Pf.
how treated for murdering their children, born or unborn, 70, MS. 94.
attempting their chastity, how penal, 877, 8.
had a property during coverture, 946, 3, 4, 7.
what may be retained by priests, 957, 5.
 INDEX. 591
Women, none may be retained by them, 994, 12.
not to come near altar at mass, 968, 44 ; 994, 6.
woman breaking wedlock to lose nose and ears, &c, 1018, 24.
Worcester, see thereof held by three archbishops of York, 740, MS. Pf.
bishop thereof had two half procurations given him in two monasteries
said to be in Hereford diocese, 803, Ps.
Wulfine, or Wulfsine, several bishops of that name, 957, Pf.
WvJfnoth's treachery, 1009, 23.
Wvlfred, archbishop of Canterbury, deprived of his original authority,
816, Ps.
Wulttan, archbishop of York, a favourer of the Danes, 950, Pf.

York. See Archbishop of York.

Z.
Zachary, pope, his letter read in synod at Cloves-hoo, 747, Pf. Lat.
 LIST OF EDITIONS.
Alcuini Op/ed. Froben-foL Ratisbon. Gregorius, S., I. Papa, Op. ed. Bened.
1777. foL Paris, 1705.
Ambrosius, S., Op. ed. Bened. fol. Paris,
168690. Hickes, G., Ling, vett Septent The
Anastashis de Vitis Pontificum, fol. saurus, fol. Oxon, 1703-5.
Rom. 1731. Dissertatio Epistolaris, apud The-
Augustinus, S., Op. eii. Bened. fol. saurum.
Pari, 16791700. Institutiones Grammatics Angl.
Sax., ibid.
Basilius, S., Op. ed. Bened. foL Paris, Hieronymus, S., Op., ed. Vallars., fol.
172130. Veron., 173442.
Beda, Veil., Historia Ecclesiastica, &c. Historia? Ecclesiastics Scriptores, ed.
ed. J. Smith, fol. Cantab. 1722. Reading, fol. Cantab. 1720.
Brompton, J., apud Hist Angl. Scrip- Holstenii Codex Regularum Monast.
tores Decern, ed. Twysden, fol. Lond. ed. Brockie, Aug. Vind. 1759.
1652.
Leland de Scriptoribus Britannicis, ed.
Camden's Britannia, ed. Gibson, fol. Hearne, 8vo. Oxon. 1709.
Lond. 1772. Leo Magnus, S., Op., ed. Ballerini,
Cave, W., Scriptorum Eccles. Historia fol. Venet. 1758.
Literaria, fol. Oxon. 1740.
Chronicon Saxonicum, ed. Gibson, 4to. Matthew Paris, Hist. Major, ed. Wats.
Oxon. 1692, is the edition referred fol. London, 1684.
to by Johnson, (the Saxon Chronicle Vita Offs II., ibid, ad calc
occasionally referred to in this edi Micrologus, ap. Hittorpium de Divi-
tion, is Dr. Ingram's, 4to. Lond. nis Officii*, fol. Rom. 1591.
1823.)
Clemens Alexandrinns, Op. ed. Potter., Origenes, Op., ed. Bened. Paris. 1733-
fol. Oxon. 1716. 59.
Conciliorum Collectio, ed. J. D. Mansi,
Patres Apostolici, ed. Cotelerius, fol.
fol. Ven. 17591798.
Cyprianus, S., Op. ed. Bened. fol. Paris. Antwerp. 1698.
1726. Reformatio Legum Ecclesiastic-arum,
4to. ed. 1661.
Decretales Greg. IX. apud Corp. Jur.
Can., torn. ii. fol. Lugd. 1585.
Ducange, Glossarium Med. et Inf. Lat. Tertullianus, Op., Priorii, fol. Paris.
fol. Paris. 173336. 1675.
Dugdale, W., Monasticon Anglicanum, Theodori Archiep. Cant Pcenitentiale,
ed. Petit, 4to. Paris. 1677, is the
fol. Lond. 181730.
Durandus, Gul., Rationale Div. Off. fol. work referred to by Johnson.
- Liber Pcenitentialis, in Thorpe's
Madrid, 1775.
Monum. Eccles. Anglic, is also re
Eusebius, Hist. Eccles. ap. Hist. Ec ferred to by the editor.
cles. Scriptores, torn. i. Thorpe, Ancient Laws and Institutes of
Vita Constant, ibid. England, fol. Lond. 1840.
Evangeliorum Vers. Goth, et Angl.
Sax. ed. Mareschall, 4to. Dordrecht. Wanley, H., Catalogus MSS. Angl.
1665. Sax. in Hickes's Thesaurus.
Wilfridi, S., Vita, apud Hist Brit
Gervasius Dorobemensis apud Hist. Script XV. ed. Gale, fol. Oxon. 1691.
Angl. Scriptores Decern, ed. Twys William of Malmesbury, de gestis Pon
den, fol. Lond. 1652. tificum, apud Rerum Angl. Scriptores
Gibson, Edm., Codex Juris Ecclesiastici post Bedam, ed. Savile, fol. Franc.
Anglicani, fol. Lond. 1713. 1601.
Godwin, Franc., De Prssulibus Angus, de gestis Regum, ibid.
fol. Cantab. 1743. Vita Aldhelmi, apud Hist Brit
Gratiani Decretum, ap. Corp. Jur. Can., Scriptores XV. ed. Gale, fol. Oxon.
torn. L fol. Lugd. 1585. 1691.
I'-
**J