234

DOCUMENTS ILLUSTRATIVE OF THE [liv

}{0^

1534.

1

the mar- riage between the king andKathe- rine of Aragon be void, and the separation good.

She shall be called dowager to Prince Arthur, and not queen.

calling further to their remembrance that the good unity, peace and wealth of this realm, and the succession of the subjects of the same, most especially and principally above all worldly things consists and rests in the certainty and surety of the procreation and posterity of your highness, in whose most royal person, at this present time, is no manner of doubt nor question ; do therefore most humbly beseech your highness, that it may please your majesty, that it may be enacted by your highness, with the assent of the lords spiritual and temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, that the marriage heretofore solemnized between your highness and the Lady Katherine, being before lawful wife to Prince Arthur, your elder brother, which by him was carnally known, as does duly appear by sufficient proof in a lawful process had and made before Thomas, by the sufferance of God, now archbishop of Canterbury and metropolitan and primate of all this realm, shall be, by authority of this present Parliament, definitively, clearly, and absolutely declared, deemed, and adjudged to be against the laws of Almighty God, and also accepted, reputed, and taken of no value nor effect, but utterly void and annulled, and the separation thereof, made by the said archbishop, shall be good and effectual to all intents and purposes; any licence, dispensation, or any other act or acts going afore, or ensuing the same, or to the contrary thereof, in any wise notwithstanding ; and that every such licence, dispen- sation, act or acts, thing or things heretofore had, made, done, or to be done to the contrary thereof, shall be void and of none effect ; and that the said Lady Katherine shall be from henceforth called and reputed only dowager to Prince Arthur, and not queen of this realm ; and that the lawful matrimony had and solemnized between your highness and i your most dear and entirely beloved wife Queen Anne, shall be established, and taken for undoubtful, true, sincere, and

perfect ever IflO

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Liv] HISTORY OF THE ENGLISH CHURCH

235

perfect ever hereafter, according to the just judgment of the 1534. said Thomas, archbishop of Canterbury, metropoHtan and primate of all this realm, whose grounds of judgment have been confirmed, as well by the whole clergy of this realm in both the Convocations, and by both the universities thereof, as by the universities of Bologna, Padua, Paris, Orleans, Toulouse, Anjou, and divers others, and also by the private writings of many right excellent well-learned men ; which grounds so confirmed, and judgment of the said archbishop ensuing the same, together with your mar- riage solemnized between your highness and your said lawful wife Queen Anne, we your said subjects, both spiritual and temporal, do purely, plainly, constantly, and firmly accept, approve, and ratify for good and consonant to the laws of Almighty God, without error or default, most humbly beseeching your majesty, that it may be so estab- lished for ever by your most gracious and royal assent.

And furthermore, since many inconveniences have fallen, as well within this realm as in others, by reason of marry- ing within degrees of marriage prohibited by God's laws, that is to say, the son to marry the mother, or the step- mother, the brother the sister, the father his son's daughter, or his daughter's daughter, or the son to marry the daughter of his father procreate and born by his stepmother, or the son to marry his aunt, being his father's or mother's sister, or to marry his uncle's wife, or the father to marry his son's wife, or the brother to marry his brother's wife, or any man to marry his wife's daughter, or his wife's son's daughter, or his wife's daughter's daughter, or his wife's sister; which marriages, although they be plainly prohibited and detested by the laws of God, yet nevertheless at some times they have proceeded under colours of dispensations by man's power, which is but usurped, and of right ought not to be granted, admitted, nor allowed ; for no man, of what estate, degree, M^n has or condition soever he be, has power to dispense with "o power

The mar- riage with Anne Boleyn shall be taken as good and consonant to God's law.

Recital of mischiefs that have arisen by marriage within the prohibited degrees.

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LIBRARY OF

WELLES LEY COLLEGE

PURCHASED FROM Special Appropriation

DOCUMENTS

ILLUSTRATIVE OF ENGLISH CHURCH HISTORY

MACMILLAN AND CO , Limited

LONDON • BOMBAY • CALCUTTiX MELBOURNE

THE MACMILLAN COMPANY

NEW YORK • BOSTON • CHICAGO ATLANTA • SAN FRANCISCO

THE MACMILLAN CO. OF CANADA, Ltd.

TORONTO

DOCUMENTS

ILLUSTRATIVE OF ENGLISH CHURCH HISTORY

COMPILED FROM ORIGINAL SOURCES

BY

HENRY GEE, D.D., F.S.A.

AND

WILLIAM JOHN HARDY, M.A., F.S.A.

MACMILLAN AND CO., LIMITED

ST. MARTIN'S STREET, LONDON

1914

(^ k^ /'

M

C).

\

^143 1

jLfl

COPYRIGHT

First Edition 1S96 Reprinted 1910, 191 4

1 ■') ^,

ADVERTISEMENT

I CAN confidently say that this is a Book which will, and indeed must, be received as a great boon by English Churchmen. The plan on which it is conceived, the selection of documents which it contains, and the way in which they are arranged and edited, are alike very good ; and the result is a practically most useful volume. I hope that it will be received as it deserves.

W. OXON.

Feb. 14, 1896.

a ^

PREFACE

This volume of ' Documents Illustrative of English Church History' has been compiled in order to meet a want frequently felt by students who desire to see for themselves the text of the more important docu- ments referred to in the course of their reading.

It was obviously impossible, within a limited space, to include all such documents ; but we hope that we have given at least the majority of those of primary importance which are of a later date than the Norman Conquest. Our meagre selection prior to that date is to be accounted for by the fact that our original scheme was to include nothing earlier than the year 1066 ; but, on the suggestion of Dr. Bright. Regius Professor of Ecclesiastical History at Oxford, we have inserted a few more ancient documents which are intimately connected with the great landmarks in our early Church history.

In making our selection we have considered not only general theological students, but also those who may desire to acquaint themselves more fully with Church history at the chief constitutional epochs.

viii PREFACE

We have, therefore, given a particularly large number of documents belonging to the sixteenth and seven- teenth centuries.

We have not, as a rule, inserted the post-Refor- mation canons and articles of religion ; not merely because of their length, but on account of their being contained in such books as Hardwick's History of the Articles^ and Walcott's Canons of the Church of England^ which are readily accessible works.

We have printed, in most cases, from originals or nearly contemporary copies, but we have not gone behind Haddan and Stubbs' Councils arid Ecclesiastical Documents^ the volumes in the Rolls Series, or the official edition of the Statutes of the Realm. With regard to the last, we have however, in cases of doubt, referred to the manuscript source from which they were printed. We have thought it best to translate docu- ments written in Latin or Norman French, and have modernized the spelling of those written in English.

We desire to return our sincere thanks to the Bishop of Oxford, to Dr. Bright, and to Archdeacon Perry for most kindly advising us as to the list of docu- ments we proposed to include in this volume. To the Bishop of Oxford we are further indebted for reading over the proof-sheets, and for his numerous and deeply valued suggestions thereon.

HENRY GEE. W. J. HARDY.

CONTENTS

NUMBER	DATE
I.	314.
II.	598.
III.	601.

XVI.

6oi.

V.	673-
VI.	680.
VII.	747.
VIII.	787.
IX.	803.
X.	855.
XI.	927.
XII.	943-
XIII.	1072.
XIV.	1075.
XV.	1076?

XVII.	7
XVIII.	1 100.
XIX.	II02.
XX.	II07.
XXI.	II08.
XXII,	1 136.
XXIII.	1164.
XXIV.	1208.
XXV.	I2I3.
XXVI	12x4.

The British Signatories at the Council of Aries Letter of Gregory the Great to Eulogius Answers of Gregory the Great to St. Augustine

of Canterbury .... Gregory the Great's Scheme of English Diocesan

Organization .... Council of Hertford Council of Hatfield The Canons of Cloveshoo Synods held at Chelsea and elsewhere Abolition of the Metropolitan Dignity of Lichfield The Donation of Ethehvulf . Tithe Ordinance of Athelstan Selections from the Constitutions of Odo Settlement of the Primacy Dispute Canons of the Council of London under Lanfranc Letter of William the Conqueror to Pope Gre

gory VII

The Conqueror's Mandate for dividing the Civil

and Church Courts . William and the Royal Supremacy Henry's Letter to Anselm Canons of the Council of Westminster The Compromise of Investitures . Canons of Anselm at London Second Charter of Stephen . The Constitutions of Clarendon Answer of Innocent III concerning the Interdict John's Surrender of the Kingdom to the Pope John's Ecclesiastical Charter

PAGE

I 2

9 10

13 15 32 45 47 49 50 52 54

56

57 58

59 61

63 64 66 68

73 75 77

CONTENTS

NUMBER	DATE
XXVII.	I2I5.
XXVIII.	1279.
XXIX.	1285.
XXX.	1295.
XXXI.	1296.
XXXII.	I30I.
XXXIII.	1307.
XXXIV.	I3I6.
XXXV.	1353-
XXXVI.	1377-
XXXVII.	1382.
XXXVIII.	1384.
XXXIX.	1390.
XL.	1393.
XLI.	1394.
XLII.	I40I.
XLIII.	I40I.
XLIV,	1428.

XLV. 1455.

XLVI.	1532.
XLVII.	1532.
XLVIII.	1532.
XLIX.	1532.
L.	1533.
LI.	1534-
LII.	1534-
LIII.	1534-
LIV.	1534-
LV.	1534-
LVI.	1534-
LVII.	1534.
LVIII.	1534-
LIX.	1534.
LX.	1534?

LXI.

536.

The Church Clauses of Magna Carta

The Mortmain Act

The Writ ' Circumspecte agatis ' Ecclesiastical Summons to Parliament The * Clericis Laicos ' Bull The Barons' Letter to the Pope from Lincoln The Statute of Carlisle .... The 'Articuli Cleri ' of A. D. 1316 The First Statute of Praemunire Letter of Pope Gregory XI to Archbishop Sud- bury', and the Bishop of London, directing

proceedings against Wycliffe . Wycliffe Propositions condemned at London Letters Patent against the Lollards . The Second Statute of Provisors The Second Statute of Praemunire The Lollard Conclusions . The Act ' De Haeretico Comburendo ' The Royal Writ for the Burning of Sawtre Remonstrance against the Legatine Powers of

Cardinal Beaufort ..... Archbishop Bourchier's Commission for Reform

ing the Clergy ..... The Petition of the Commons . The Answer of the Ordinaries . The Submission of the Clergy . The Conditional Restraint of Annates The Restraint of Appeals .... The Submission of the Clergy and Restraint o

Appeals .......

The Ecclesiastical Appointments Act, &c.

Act forbidding Papal Dispensations and the

Payment of Peter's Pence The First Act of Succession The Supremacy Act ..... The Second Act of Succession . The Treasons Act ..... Abjuration of Papal Supremacy by the Clergy Suffragan Bishops Act .... Note on the Appointment of Crumwell as Vicar

General .......

Act for the Dissolution of the Smaller Monas

teries .......

CONTENTS

XI

NUMBER	DATE
LXII.	1536.
LXIII.	1538.
LXIV.	1539.
LXV.	1539-
LXVI.	1540.
LXVIl.	1547-
LXVIII.	1547-
LXIX.	1549-
LXX.	1549.
LXXI.	1552.
LXXII.	1553.
LXXIII.	1553-
LXXIV.	1554-
LXXV.	1554-
LXXVI.	1554-
LXXVII.	1558.
• LXXVIII.	1559-
LXXIX.	1559-
-*• LXXX,	1559-
LXXXI.	1566.
LXXXII.	1571-
LXXXIII.	1571.
LXXXIV.	1583.
LXXXV,	1585.
- LXXXVI.	1593-
- LXXXVI I.	1593-
LXXXVIII.	1603.
LXXXIX.	1604.
XC,	1622.
XCI.	1628.
XCII.	1629.
XCIII.	1633-
XCIV.	1633.

PAGE

The First Royal Injunctions of Henry VIII . 269 The Second Royal Injunctions of Henry VIII 275 Act for the Dissolution of the Greater Monas- teries ........ 281

The Six Articles Act 303

Deed of Surrender of Westminster Abbey . 320 Act against Revilers, and for Receiving in both

Kinds ........ 322

Act dissolving the Chantries .... 328

The First Edwardine Act of Uniformity . . 358

Marriage of Priests legalized .... 366

The Second Edwardine Act of Uniformity . 369

Mary's First Proclamation about Religion . 373

Mary's First Act of Repeal .... 377

The Injunctions of Mary .... 380

Revival of the Heresy Acts .... 384

Mary's Second Act of Repeal .... 385

Elizabeth's Proclamation to forbid Preach- ing, &c. ....... 416

The Injunctions of Elizabeth .... 417

Elizabeth's Supremacy Act restoring Ancient

Jurisdiction, &c. ...... 442

Elizabeth's Act of Uniformity .... 458

The Advertisements ..... '467

Selection from the Canons of 1571 . . . 476

The Subscription (Thirty-nine Articles) Act . 477 Articles touching Preachers and other Orders

for the Church ...... 481

Act against Jesuits and Seminarists . . 485

The Act against Puritans .... 492

The Act against Recusants .... 498

The Millenary Petition ..... 508

James' Proclamation for the Use of the Book of Common Prayer . . . . .512

Directions concerning Preachers . . .516 The King's Declaration prefixed to the Articles

of Religion 518

Resolutions on Religion presented by a Com- mittee of the House of Commons . . 521 The King's Majesty's Declaration to his Sub- jects concerning Lawful Sports to be used . 528 The Privy Council and the Position of the Communion Table at St. Gregory's . 533

Xll

CONTENTS

NUMBER DATE

xcv. 1640,

xcvi. 1640.

xcvii. 1640.

xcviii, 1641.

XCIX. T64I.

c. 1641.

CI.	I64I.
CII.	I64I.
cm.	I64I.
CIV.	1642.
CV.	1642.
CVI.	1642-6
evil.	1643.
CVIII.	1649.
CIX.	1650.
ex.	1653-
CXI.	1654.
cxii.	1655-
CXIII.	1657-
CXIV.	1660.
cxv.	I66I.
CXVI.	I66I.
CXVII.	1662.
CXVI 11.	1665.
CXIX.	1670.
CXX.	1673.
CXXI.	1687.
CXXII.	1689.
CXXIII.	1689.
CXXIV.	1700.

Note on the Canons of 1640

The Etcaetera Oath .

The Root and Branch Petition .

The Protestation of 1641 .

Act for the AboHtion of the Court of High

Commission ......

Resolutions of the House of Commons on Eccle

siastical Innovations .... Order of the Lords concerning the Services o

the Church ......

Selections from the Petition and the Grand

Remonstrance ..... The King's Proclamation on Religion The Clerical Disabilities Act The Declaration of the Houses on Churcl

Reform .......

Selection from the York, Oxford, and New

castle Propositions ....

The Solemn League and Covenant . Selections from the Agreement of the People The Engagement ..... Selections from the Instrument of Government The Commission of Triers Selection from Cromwell's Proclamation Selections from the Humble Petition and Advice The Declaration of Breda Order for the Savoy Conference The Corporation Act The Uniformity Act . The Five Mile Act . . . The Second Conventicle Act The Test Act . . ; . The Declaration of Indulgence . The Bill of Rights . The Toleration Act . The Act of Settlement

DOCUMENTS

ILLUSTRATIVE OF THE HISTORY OF THE ENGLISH CHURCH

I.

THE BRITISH SIGNATORIES AT THE COUNCIL AT ARLES, a.d. 314.

This document, although referring strictly to the British Church, 314 is inserted here for convenience sake. It is printed by Haddan and Stubbs, i. 7, from Labbe, i. 1430. Labbe gets it from a Corbey MS. See a discussion of its value in H. and S. /. c. Towards the latter part of the signatures to the Canons of Aries, and inserted amongst the Gallican Bishops, occur the following names : —

Eborius, Bishop of the City of York in the province of Britain.

Restitutus, Bishop of the City of London in the province above written.

Adelfius, Bishop of the City Colonia Londinensium (see this discussed in Bright, Early English Chiirch His- tory, p. 9).

Sacerdos, Priest ; Arminius, Deacon.

B

2 DOCUMENTS ILLUSTRATIVE OF THE [ii

II.

LETTER OF GREGORY THE GREAT TO EULOGIUS, A.D. 598.

698. The following extract is taken from a letter in which Gregory tells

Eulogius, Patriarch of Alexandria, of the successful work carried on by St. Augustine of Canterbury, The date is discussed by H. and S. iii. 14. The letter occurs in Gregory's Epistles, vii. 30.

[Tr. H. and S. iii. 12.]

This news Gregory to Eulogius, bishop of Alexandria. . . . Now

lor^that^of ^^^^^ ^" ^^^ good deeds which you do, that really grows

Eulogius, which you rejoice over with others as well, I return your

favour to you and give you news not unlike, how that

whilst the people of the English, placed in a corner of the

world, still remained without faith in the worship of stocks

and stones, I resolved with the aid of your prayer that

I ought to send to it with God's assistance a monk from

and con- my monastery to preach. He, by licence given from me,

cerns the ^^g fnade bishop by the bishops of the Germanics (Ger-

mission . . .

and success maniarum) and with their encouragement was brought on

ofAugus- Yi\s way to the people aforesaid in the ends of the world;

and now already, writings have reached us concerning his

safety and work, how that both he and they who were sent

who is now with him are radiant with such great miracles amongst this

n T i same people, that they seem to imitate the powers of the

ousfor apostles in the signs that they display. Indeed, on the

miracles, solemn feast of the Lord's Nativity now past in this first

indiction, more than ten thousand Angles, it is announced,

were baptized by the same our brother and fellow-bishop.

His sue- And this I have told that you may know what you do

cess IS an ^mong the people of Alexandria by speaking, and what in

the prayers the ends of the world by prayer. For your prayers are in

of Eulo- ^|^^|. place where you are not, whilst your holy deeds are

exhibited in that place where you are.

Ill] HISTORY OF THE ENGLISH CHURCH

III.

ANSWERS OF GREGORY THE GREAT TO

ST. AUGUSTINE OF CANTERBURY,

A. D. 601.

These answers are translated from Bede, H. E. i. 27. They occur 601. also in Gregory's Letters, xi. 64. Their date is given in the document as 601. Augustine had written about 598. The date is discussed by Dr. Bright, E. E. C. //., p. 57.

[Tr. Bede.]

The First Question of St. Augustine, bishop of the i. Con- Church of Canterbury : Concerning bishops, on what terms ch^uj-Th they should live with their clergy ? into how many portions contribu- are the offerings of the faithful to the altar to be divided ? ^u"uaTrl- and how is the bishop to act in the Church ? lation of

Gregory, Pope of the City of Rome, answers : Holy ^jergy.^""^ writ, in which no doubt you are well versed, testifies, and particularly St. Paul's Epistle to Timothy, wherein he endeavours to instruct him how he should behave himself in the house of God, answers this question. But it is the custom of the Apostolic See to prescribe rules to bishops The con- newly ordained, that all emoluments which accrue, are to ?"^"^j°".^, •' ' to be divid-

be divided into four portions ; — one for the bishop and ed into

his household, because of hospitality and entertainment ; ^°"^ parts.

another for the clergy ; a third for the poor ; and the

fourth for the repair of churches. But in regard that you

my brother — being brought up under monastic rules, are

not to live apart from your clergy in the English Church, Augustine

is to live

which, by God's assistance, has been lately brought to the ^^jj^ his faith — you are to follow that course of life which our clergy, forefathers did in the time of the primitive Church, when

one of them said anything that he possessed was his own,

ut all things were in common among them.

B 2

4 DOCUMENTS ILLUSTRATIVE OF THE [in

601. But if there are any clerks not received into holy orders,

Clerks in who Cannot live continent, they are to take wives, and

orders may ^^ceive their Stipends abroad ; because we know it is

live as written in the authorities above mentioned, that a distri-

men vet bution was made to each of them according to his wants.

under rule. Care is also to be taken of their stipends, and provision

to be made, and they are to be held under ecclesiastical

rule, that they may live orderly, and attend to singing of

psalms, and, by the help of God, preserve heart, and tongue,

and body from all that is unlawful. But as for those that

live in common, why need we say anything of assigning

portions, or keeping hospitality and exhibiting mercy ?

inasmuch as all that can be spared is to be spent in pious

and religious works, according to the commands of Him

who is the Lord and Master of all : ' What remains give

in alms, and behold all things are clean unto you.'

2. Con- Augustine's Second Question : Whereas the faith is one cerning ^^ ^^^q same, are there different customs in different

Liturgical '

differences. Churches ? and is one custom of masses observed in the

Holy Roman Church, and another in that of the Gauls ?

Hereapru- Pope Gregory answers : You know, my brother, the

dent selec- custom of the Roman Church, in which you remember you tion IS to ' -^ •'

be allowed, were bred up. But it pleases me, that if you have found anything, either in the Roman [Church] or [that] of the Gauls, or any other Church, which may be more acceptable to Almighty God, you carefully make choice of the same, and sedulously teach the Church of the English, which as yet is new in the faith, whatsoever you can gather from the several Churches. For things are not to be loved for the sake of places, but places for the sake of good things. Choose, therefore, from each Church those things that are pious, religious, and correct, and when you have, as it were, made them up into one body, let the minds of the English be accustomed thereto.

3. Con- Augustine's Third Question : I beseech you to inform cerning o ^ j

Ill] HISTORY OF THE ENGLISH CHURCH 5

me what punishment must be inflicted if any one shall 601.

take anything by theft from the Church ? cases of

„ _-. . , 1111 theft from

Gregory answers : You may judge, my brother, by the theChurch.

person of the thief, in what manner he is to be corrected. For there are some who, having substance, commit theft ; Here mo- and there are others who transgress in this point through ^g^^g^^^ ° want ; Wherefore it is requisite, that some be punished by tinguished fine, others with stripes; some with greater severity, and some more mildly. And when greater severity is used, it is to proceed from charity, not from passion ; because this is done to him who is corrected, that he may not be delivered up to hell-fire. For it behoves us to maintain and disci- discipline among the faithful, as good parents do with their ^L^nta*ined children after the flesh, whom they punish with stripes for accord- their faults, and yet design to make those their heirs whom '"^ ^' they chastise; and they preserve what they possess for those whom they seem in anger to punish. This charity is, therefore, to be kept in view, and it dictates the measure of the punishment, so that the mind may do nothing and resti- beyond the rule of reason. You may add, that they ought ^^^^ to restore those things which they have stolen from the Church. But, God forbid that the Church should receive increase from those earthly things which it seems to lose, or seek gain out of such vain things.

Augustine's Fourth Question : Whether two brothers may 4. Two

marry two sisters, which are of a family far removed from 'brothers ■' ' ■' may marry

themselves ? two sisters

Gregory answers : This may assuredly be done ; for "°.* ^^^^ nothing is found in holy writ that seems to contradict it. them.

Augustine's Fifth Question : To what degree may the 5. Con- faithful marry with their kindred ? and whether it is lawful ^arrk^e for men to marry their stepmothers and sisters-in-law with a [cognatis]} ^ moUieror

Gregory answers : A certain worldly law in the Roman sister-in- Commonwealth allows, that the son and daughter of a ^^'

DOCUMENTS ILLUSTRATIVE OF THE [iii

601.

Marriage with

cousins is legal but to be depre- cated ;

with a mother-in- law it is criminal ;

with a sister-in- law too.

Those who have con- tracted illicit unions, when heathen, are to re- voke them.

brother and sister, or of two brothers, or two sisters, may be joined in matrimony ; but we have found, by experience, that the offspring of such wedlock cannot thrive ; and the Divine Law forbids a man to 'uncover the nakedness of his kindred.' Hence of necessity they must be of the third or fourth generation of the faithful, that can be lawfully joined in matrimony ; for the second, which we have mentioned, must altogether abstain from one another. To marry with one's stepmother is a heinous crime, because it is written in the Law, 'Thou shalt not uncover the nakedness of thy father ' : now the son, indeed, cannot uncover his father's nakedness; but in regard that it is written, ' They shall be two in one flesh,' he that presumes to uncover the nakedness of his stepmother, who was one flesh with his father, certainly uncovers the nakedness of his father. It is also prohibited to marry with a sister-in- law, because by the former union she is become the brother's flesh. In connexion with which thing also John the Baptist was beheaded, and consummated with holy martyrdom. For, though he was not ordered to deny Christ, and indeed was killed for confessing Christ, yet in regard that the same Jesus Christ, our Lord, said, ' I am the Truth,' because John was killed for the truth, he also shed his blood for Christ. But forasmuch as there are many in the nation of the English, who^ whilst they were still in infidelity, are said to have been joined in this execrable matrimony, they, when they come to the faith, are to be admonished to abstain from each other, and be made to know that this is a grievous sin. Let them fear the dreadful judgment of God, lest, for the gratification of their carnal appetites, they incur the torments of eternal punishment. Yet they are not on this account to be de- prived of the communion of the sacred Body and Blood of the Lord, lest we should seem to visit upon them those things which they did through ignorance, before they had

Ill] HISTORY OF THE ENGLISH CHURCH 7

received baptism. For at this time the Holy Church chas- 601. tises some things through zeal, and tolerates others through leniency, and connives at some things through discretion, that so she may often, by this forbearance and connivance, suppress the evil which she disapproves. But all that come The faith to the faith are to be admonished not to perpetrate such contract crimes. And if any shall be guilty of them, they are to them are be excluded from the communion of the Body and Blood communi- of the Lord, although the offence is, in some measure, to cated. be tolerated in those who have done it in ignorance.

Augustine's Sixth Question : Whether a bishop may be 6. Con- ordained without other bishops being present, in case there cemmgthe

•^ ° ^ consecra-

be so great a distance between them that they cannot easily tors of a assemble? ^^'^°P-

Gregory answers : As for the Church of the English, in Consecra- which you are as yet the only bishop, you can no otherwise K°!? ^ ?"^ ordain a bishop than in the absence of other bishops ; for valid if when do bishops come from Gaul, to be present as witnesses "^^cessary, to you in ordaining a bishop ? But we would have you, my brother, to ordain bishops in such a manner that the said bishops may not be far asunder, that when a new bishop is to be ordained, there be no difificulty, but that other pastors also, whose presence is necessary, may easily come together. Thus when, by the help of God, bishops shall be so consti- but the tuted in places everywhere near to one another, no ordination canonical

rule should

of a bishop is to be performed without assembling three or be observ- four bishops. For, even in spiritual affairs, we may take ^^ ^^ example by the temporal, that they may be wisely and deliberately conducted. It is certain, that when marriages Such wit- are celebrated in the world, some married persons are JJ^turalaml assembled, that those who have preceded in the way of advisable, matrimony should partake in the joy of the subsequent union also ; why, then, at this spiritual ordination, wherein, by means of the sacred ministry, man is joined to God, should not such persons be assembled as may either rejoice

8 DOCUMENTS ILLUSTRATIVE OF THE [iii

601. in the advancement of the new bishop, or jointly pour forth

their prayers to Almighty God for his preservation ?

7. Con- Augustine's Seventh Question : How are we to deal with

BTidslfand ^^^ bishops of the Gauls and Britain ?

Gallic Gregory answers : We give you no authority over the

IS ops. bishops of the Gauls, because the bishop of Aries received Augustine ,„.... , ,

has no ^^^ P^^l 1^ ancient times from my predecessors, and we are

Gallic not to deprive him of the authority he has received. If it tion, shall therefore happen, my brother, that you go over into

the province of the Gauls, you are to treat with the said bishop of Aries, and if there be any faults among the bishops, they may be amended ; and if he shall be lukewarm in keeping up discipline, he must be corrected by your zeal. but is to To him we have also written, that when your holiness shall love'and ° ^^ "-^ Gaul, he may also use all his endeavours to assist you, good and restrain among the bishops all that shall be opposite to

^°* ^' the command of our Creator. But you shall not, outside your own jurisdiction, have power to judge the bishops of the Gauls, but by persuading, soothing, and showing good works for them to imitate, you shall reform the minds of wicked men to the pursuit of holiness ; for it is written in the Law, ' When thou comest into the standing corn of thy neighbours, then thou mayest pluck the ears with thine hand; but thou shalt not move a sickle unto thy neigh- bour's standing corn, but rub the ears of corn in thine hand and eat.' For thou mayest not apply the sickle of judg- ment to that harvest which seems to have been committed to another ; but by the love of good works, thou shalt clear the Lord's wheat from the chaff of their vices, and convert them into the body of the Church by admonition and persua- sion, as it were taking a bite \fnaftdendd\. But whatsoever is to be done by authority, must be transacted in conjunc- tion with the aforesaid bishop of Aries, lest that should be omitted, which the ancient institution of the fathers has Full juris- appointed. But as for all the bishops of Britain, we commit

diction IS

IV] HISTORY OF THE ENGLISH CHURCH

them all to your care, that the unlearned may be taught, the 601. weak strengthened by persuasion, and the perverse corrected allowed

, , . over the

by authority. British

Bishops.

[Various other answers follow on questions of ceremonial purity.]

IV.

GREGORY THE GREAT'S SCHEME OF ENGLISH DIOCESAN ORGANIZATION, a.d. 601.

This scheme was communicated to St. Augustine in a letter which 601. arrived at the same time as the previous document. Bede, H. E. i. 29 ; Gregory, Ep. xi. 65.

[Gidley's tr. revised.]

To the most reverend and holy brother and fellow- As astimu- bishop, Augustine, Gregory, servant of the servants of God. J"^ ^"^

^ ' ° D y J honour we

Although it is certain that the unspeakable rewards of the grant you

eternal kingdom are kept for those who labour for God *^^ P^^*'

Almighty, it is, however, necessary for us to render to them

the benefits of honours, that from this recompense they may

be able to labour more abundantly in the zeal of their

spiritual work. And because the new Church of the English and desire

is brought to the grace of Almighty God by the bounty of y°^*°^°"'

the same Lord, and by your toil, we grant to you the use twelve

of the pall in the same to perform the solemnities of masses ^uftragans.

only, so that in several places you ordain twelve [several]

bishops to be under your authority so far as that the bishop You are to

of the City of London ought always hereafter to be conse- fPP°^"i^ ■' o J bishop for

crated by his own synod and receive the pall of honour York who from this holy and Apostolic See which, by God's authority, j^ ^^^° *^° I serve. Moreover we will that you send a bishop to York, twelve whom you shall have seen fit to ordain — yet only so that if suffragans, the same city shall receive the word of God along with the neighbouring places, he himself also ordain twelve bishops,

lo DOCUMENTS ILLUSTRATIVE OF THE [iv

601. and enjoy the honour of metropoHtan, because if our Hfe last we intend, with the Lord's favour, to give him also the

The pri- P^^^' "^^^ ^^ ^^^^ ^^^^ ^^ ^^ Subject to your authority, my

macy of brother, and that after your decease he should preside over

burvis ^^^ bishops he has ordained, but without being in any wise

over all, subject to the Bishop of London. Moreover, for the future,

vour°Hfe ^^^ there be this distinction of honour between the bishops of

only, and the City of London and of York, that he himself take the pre-

a ter t at ^edence who has been first ordained. But whatever things are

the senior °

bishop, for the zeal of Christ must be done by common counsel and

w et er of harmonious action : let them arrange these concordantly,

York, is to let them take right views and give effect to their views with-

a e prece- ^^^ ^^^ mutual misunderstanding. But you, my brother,

In any case ^^^^^ ^^'^^ subject to you not Only the bishops you ordain,

let har- and not solely those ordained by the Bishop of York, but

sist^'^You ^^ ^^^^ ^^^ ^^^ priests of Britain, by the authority of our

are to be Lord Jesus Christ, so that from the lips and life of your

to aU^"^^^ ^°^^^^^^ they may receive the form both of correct belief

priests as and of holy life, and fulfilling their office in faith and

bishops niorals, may, when the Lord wills, attain the kingdom of

under your heaven. May God keep you safe, most reverend brother.

aut onty. j)^|.g(j |-]^g 22nd of June in the 19th year of the reign of

Mauritius Tiberius, the most pious Augustus, in the i8th

year after the consulship of the same lord, in the 4th

indiction.

V.

COUNCIL OF HERTFORD, a.d. 673.

673. The following document is a translation of Bede, H. E. iv. 5, in

which he describes the circumstances and the canons of a Council held by Theodore at Hertford, Sept. 24, a.d. 673.

[Gidley's tr. revised.] Circum- In the name of our Lord God and Saviour Jesus Christ,

thesvnod ^^ ^he perpetual reign and government of our Lord Jesus

v] HISTORY OF THE ENGLISH CHURCH ii

Christ. It seemed good that we should come together g73. according to the prescription of the venerable canons, to treat of the necessary affairs of the Church. We are met together on this 24th day of September, the first indiction, in a place called Hertford, I, Theodore, bishop of the Church of Canterbury, appointed thereto, unworthy as I am, by the Apostolic See, and our most reverend brother Bisi, bishop of the East Angles, together with our brother and fellow-bishop Wilfrid, bishop of the nation of the Northum- brians, who was present by his proper legates, as also our brethren and fellow-bishops, Putta, bishop of the Castle of the Kentishmen, called Rochester, Leutherius, 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 : I beseech you, be- loved brethren, for the fear and love of our Redeemer, that we may faithfully enter into a common treaty for the sincere observance of whatsoever has been decreed and determined by the holy and approved fathers. I enlarged upon these and many other things tending unto charity, and the pre- servation of the unity 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 pro- duced the book of canons, and pointed out ten particulars, Theodore which I had marked as beincf in a more special manner pi'oduces

*^ ^ ten canons

known by me to be necessary for us, and proposed that all for their

would undertake diligently to observe them, namely : accept-

^ ■' ' ■' ance.

1. That we shall jointly keep Easter Day on the Lord's ^ Date of

Day after the fourteenth day of the moon in the first Easter, month. 2- Ep^s-

^ copal

2. That no bishop invade the diocese [parochia] ofumits.

12 DOCUMENTS ILLUSTRATIVE OF THE [v

673. another, but be content with the government of the people committed to him.

3. Bishops 3. That no bishop be allowed to offer any molestation to teries°"^^' ^^o^^steries consecrated to God, nor to take away by

violence anything that belongs to them.

4. Wander- 4. That the monks themselves go not from place to ing mon s. ^\^^q^ ^^^^ jg fj-gixi one monastery to another, without the

leave of their own abbot, but continue in that obedience which they promised at the time of their conversion.

5. Wander- 5. That no clerk, leaving his own bishop, go up and down ing clergy. ^^ j^-g ^^.^ 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.

6. Treat- 6, That Strange bishops and clerks be content with the ment of hospitality that is freely offered them, and let not any of them

strange .

clergy. exercise any priestly function without permission of the

bishop in whose diocese he is known to be.

7. Yearly 7. That a synod be assembled twice in the year. But synods. because many occasions may hinder this, it was jointly

agreed by all that once in the year it be assembled on the first of August at the place called Cloveshoo.

8. Epis- 8. That no bishop put himself before another out of an copal pre- affectation of precedence, but that every one observe the

cedence. .

time and order of his consecration.

9. Sub- 9. We had a conference together concerning increasing sees^^°" ° ^^^ number of bishops in proportion to the number of the

faithful, but we determine nothing as to this point at present.

10. Con- 10. As to matrimony: that none be allowed to any but

cerning what is lawful. Let none commit incest. Let no one marriage.

relinquish his own wife, but for fornication, as the Gospel

teaches. But if any shall have dismissed a wife to whom

he has been lawfully married, let him not be coupled to

vi] HISTORY OF THE ENGLISH CHURCH 13

another if he wish to be really a Christian, but remain as he 673. is or be reconciled to his wife.

After we had jointly treated upon and determined these points, to the intent that no scandalous contention should be raised henceforth by any of us, and that there should be no mistake in the publication of them, it seemed proper Subscrip- that every one of us should confirm them by the subscrip- *'°^^"^ tion of his own hand, according as they had been deter- tion of the mined. I dictated this our definitive sentence to be written ^^"°"s- by Titillus the notary. Done in the month and indiction above written. 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 forbidden every func- tion of a priest and all society with us. May the Divine grace preserve us safe in the unity of the Church so long as we Hve.

VI.

COUNCIL OF HATFIELD, a. d. 680.

The following account of the Council, held by Theodore at Hatfield, 680. Sept. 17, 680, is supplied by Bede, H. E. iv. 17, 18.

[Gidley's tr. revised.]

At this time Theodore, hearing that the faith of the Circum-

Church at Constantinople had been much disturbed by the stances of

the synod, heresy of Eutyches, and being desirous that the Churches

of the English, over which he ruled, should abide free from

such a stain, having collected an assemblage of venerable

priests and very many doctors, diligently inquired what

belief they each held, and found an unanimous agreement

of all in the Catholic faith ; and this he took care to commit

to a synodal letter for the instruction and remembrance of

posterity ; of which letter, to wit, this is the beginning : —

' In the name of our Lord and Saviour Jesus Christ, in ^^d place.

14

DOCUMENTS ILLUSTRATIVE OF THE [vi

680.

Ratifica- tion of the Catholic faith of the Trinity.

Accept- ance of the five general Councils and the Roman Council of 649.

the reign of our most pious lords, Egfrid, king of the Hum- brians, in the tenth year of his reign, on the fifteenth day before the Kalends of October ; and Ethelred, king of the Mercians, in the sixth year of his reign ; and Aldwulf, king of the East Angles, in the seventeenth year of his reign ; and Hlothair, king of the Kentishmen, in the seventh year of his reign. Theodore being president, by the grace of God, archbishop of the island of Britain and of the city of Canterbury, and other venerable men sitting with him, bishops of the island of Britain, with the holy Gospels laid before them, in the place which is called by the Saxon name of Hatfield ; we handling the subject in concert, have made an exposition of the right and orthodox faith, even as our Incarnate Lord Jesus Christ delivered it to his disciples, who saw him present, and heard his discourses, and as the creed of the holy fathers has delivered, and generally all the assembly of approved doctors of the Catholic Church — we therefore piously and orthodoxly following them, and making our profession according to their divinely inspired teaching, believe in unison with it, and confess according to the holy fathers, that the Father and Son and Holy Gtiost are properly and truly a consubstantial Trinity in Unity and Unity in Trinity ; that is one God in three con- substantial subsistencies \subsistentiis\ or Persons of equal glory and honour.'

And after many things of this kind that pertained to the confession of the right faith, the holy synod also adds this to its letter : —

' We have received, as holy and universal, five synods of the fathers blessed and acceptable to God, that is of the 318 who were assembled at Nicaea against the most impious Arius and the tenets of the same; and of 150 at Constanti- nople against the madness of Macedonius and Eudoxius and their dogmas \ and of 200 in the first Council of Ephesus against the most wicked Nestorius, and the

vii] HISTORY OF THE ENGLISH CHURCH 15

dogmas of the same ; and of 630 at Chalcedon against 680. Eutyches and Nestorius and their dogmas ; and again of those who were assembled in a fifth Council at Constanti- nople, in the time of the younger Justinian, against Theo- dore and the epistles of Theodoret and Ibas and their dogmas, against Cyril.'

And a little after : ' Also we have received the synod that was held in the city of Rome in the time of the blessed Pope Martin in the eighth indiction in the ninth year of the reign of the most pious Constantine \ And we glorify our Lord Jesus Christ as they glorified him, neither adding nor subtracting anything ; and we anathematize with heart and mouth those whom they anathematized ; and those Anathema whom they received we receive, glorifying God the Father °j.^^ ^ *^°"* without beginning, and his only-begotten Son, begotten of doctrine, the Father before the world began, and the Holy Ghost proceeding ineffably from the Father and the Son, as those holy apostles and prophets and doctors have declared of whom we have spoken above. And all we who have with Theodore made an exposition of the Catholic faith have subscribed hereto.'

VII.

THE CANONS OF CLOVESHOO, a.d. 747.

Many Councils were held at Cloveshoo, whatever the correct iden- 747. tification of the place may be. The most important of all recorded took place in the year 747, for the reformation of abuses. An abstract of the Acts of this Council is given in William of Malmesbury, Gest. Pont. i. 5. See H. and S. iii. 360. The document translated below is now lost. Spelman printed it from Cotton MS., Otho A. i, which was burnt in the fire of 173 1.

[Johnson's tr. revised.]

In the perpetual reign of our Lord Jesus Christ, who orders all things at the command of the Father, and by the * A mistake for Constans.

i6

DOCUMENTS ILLUSTRATIVE OF THE [vii

747.

Place,

members, and date of the Council.

Letters from Pope Zachary are pro- duced,

lively grace of the Holy Ghost. The under-written acts were done in synod, at the beginning of September, near the place called Cloveshoo : these prelates of the Churches of Christ, beloved of God, being present, viz. — The honour- able 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; and the most approved prelates of the West [Saxons], Hunferd and Herewald ; and the venerable priests Heardulf of the East Angles, and Ecgulph of the East Saxons, and Milred of the Hwiccians ; also the honourable bishops, Alwi of the province of Lindsey, and Sicga of the South Saxons, in the year of our Lord's incarnation 747, indiction 15, the 32nd year of the reign of Ethelbald, king of the Mercians, who was then present with his princes and chief men [ducikis]. When the said prelates of the sacred order, of divers provinces of Britain, with many priests of the Lord, and of those of the ecclesiastical order in** lesser dignities, met the venerable Archbishop Cuthbert at the place of synod, and they were set down to treat of, and settle the unity of the Church, and the state of Christianity, and agreement of peace, after a devout mutual salutation, the writings of Pope Zachary (the Pontiff and Apostolic Lord, to be venerated throughout the world) in two charters, were in the first place produced, and publicly recited, and explained in our own tongue, as he himself, by his apostolic authority, enjoined. In which writings the famous pontiff Zachary admonished, in a familiar manner, the inhabitants of this Isle of Britain, of our stock, of every rank and degree of quality, and authoritatively charged them, as present before him, and lastly in a loving manner entreated them, and suggested among other things that a sentence of anathema should be certainly published against those that persisted in their pertinacious malice and contempt of all this ; as in them is evident to those who read.

vii] HISTORY OF THE ENGLISH CHURCH J7

After the reading thereof, and the dread admonition, the 747. prelates who were promoted by God to be masters to others, ^^'^ the betook themselves to mutual exhortations ; and contem- mutually plated themselves, and their office (by which others were to admonish be instructed in the service of God) in the Homilies of the other, blessed Father Gregory, and in the canonical decrees of the holy fathers, as in a bright mirror.

1. And then, at the outset of their decrees, they estab- The lished it with authentic sanction, that every bishop be foUo^ • ready to defend the pastoral charge entrusted to him, and j x^at the canonical institutions of the Church of Christ (by God's bishops protection and assistance), with his utmost endeavour, against attend to the various and wicked assaults [that are made upon them] ; their pas- nor be more engaged in secular affairs (which God forbid) charge and than in the service of God, by looseness in living and life, and tardiness in teaching, but be adorned with good manners, secular with the virtues of abstinence, with works of righteousness, business. 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 an attes- 2. Mutual tation, that they would devote themselves to intimate peace observed ^ ind sincere charity, everywhere amongst them perpetually to by all endure; and that there should be one concord of all amongst J^^^^ias- ill men of ecclesiastical religion, in word, in work, in judg- ment (without flattering of any person), as being ministers

Df one Lord, and fellow-servants in one ministry ; that hough they are far distant in sees, yet they may be joined ogether in mind by one Spirit, serving God in faith, hope, md charity, praying diligently for one another, that each me of them may faithfully finish his race.

3. In the third place they enacted, that every bishop 3- Bishops

1 r Tii-tO visit

hould every year visit his diocese Yparochiafn\ by travelling their hrough it, going about, and making an inspection into it ', dioceses

C

i8

DOCUMENTS ILLUSTRATIVE OF THE [vii

747.

4. Bishops are to ex- hort all monastic heads to observe rule.

5. Secular monaste- ries to be reformed.

6. Candi- dates for ordination to be examined.

and that he should 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, pagan observances, diviners, sorcerers, auguries, omens, amulets, charms, or all the filth of the wicked, and the errors of the Gentiles.

4. In the fourth article of agreement they have determined that the bishops do admonish the abbots and abbesses, within their dioceses, that they be examples of good life, and take diligent care that those subject to them be regular in their conversation ; yet so as that they remember to love their own families worthily in the Lord ; to treat them not as servants but as children ; to provide necessaries for them, according to the monastic way of life and to their utmost ability ; that the same abbots and abbesses fully discharge their trust, as to the estates of their monasteries, and by all means take heed that they be not robbed of them.

5. It was argued in the fifth place, that it is necessary for bishops to go to the monasteries (which in these times cannot be in any wise reformed according to the model of Christianity, by reason of the violence of tyrannical covet- ousness), which are, we know not how, possessed by secular men, not by Divine law, but by presumptuous human inven- tion. Yet they [the bishops] ought to go for the health of the souls who dwell therein ; and among their other exhorta- tions provide that what is already in a declining state be not further risked for want of the ministry of a priest, though their possessors promote this state of things.

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 inquiry into his former hfe, 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 discreetly enjoin penance to others, who has not earnestly bent his mind to these studies ; that he may be

vii] HISTORY OF THE ENGLISH CHURCH 19

able according to the apostle, *To exhort with sound 747. doctrine.'

7. They decreed in the seventh article of agreement, that 7. Monks bishops, abbots, and abbesses, should by all means take auenti(fn^^ care and diligently provide, that their families do incessantly to reading, apply their minds to reading, and that knowledge be spread

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, in these times, do heartily love and labour for sacred know- ledge, and are willing to take pains, in learning : but they are from their youth up rather employed in divers vanities, and the affectation of vain-glory ; and they rather pursue the amusements of this present unstable life, than the assiduous study of the Holy Scriptures. Therefore let boys be kept and trained up in the schools, to the love 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 rulers [rectores] be so greedy of worldly labour as to render the house of God vile for want of spiritual adornment.

8. Under the eighth head, they admonished priests in- 8. Priests cessantly to remember to what purpose they are promoted foUow above others, by Divine ordination ; namely, they that are secular called ' God's ministers and stewards of the mysteries of Christ,' and then that 'it is required of stewards, that a man

be found faithful.' Therefore let them know that it is necessary for them, in regard to God, to desist from secular business and causes, so far as they can, and to discharge their duty at the altar and in divine service with the utmost application ; that they carefully preserve the house of prayer, and all its furniture ; that they spend their time in reading, celebration of masses, and psalmody ; [and] that they be mindful according to their duty enjoined them by God, to be assistants to their abbots and abbesses, with dili- gence and fidelity, whensoever there seems to be occasion

C 2

,

20 DOCUMENTS ILLUSTRATIVE OF THE [vii

747. for it, that is, in admonishing, reprehending, and exhorting those subject to them, that others, by their example and Hfe, may be incited to the service of God.

9. Priests 9. They added next under the ninth head, that priests dze and ^ in places and districts assigned to them by the bishops to preach of the province, take care to discharge the duty of the

'gently, apostolic 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 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 contemptible or wicked conversation ; that is (to say no more) by drunkenness, love of filthy lucre, or obscene talking, and the like.

10. Priests lo. In the tenth decree, they taught that priests should understand ^^^^^ ^° know how to perform according to the lawful rites, the mean- every office belonging to their orders. And then let them offices and ^^° know it not, learn to construe and explain in their ceremo- own tongue, the Creed and Lord's Prayer, and the sacred "'^^* words which are solemnly pronounced at the celebration

of the 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 ecclesiastical | offices, do spiritually signify ; lest they be found dumb and ignorant in those intercessions which they make to God, for the atonement of the 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. All II- They proceeded in the eleventh mandate, that all

priests are priests should perform every sacerdotal ministry, every- to officiate , ,.,..,.. , .

in a uni- where, m the same way and fashion, m baptizmg, teachmg.

form way. a.nd giving sentence ; and, which is of principal importance.

that their sentiments concerning the belief of the sacrec

ill

vii] HISTORY OF THE ENGLISH CHURCH 21

Trinity be right and sincere ; and that they do in the first 747. place, teach all, that come to take directions concerning their own life from them, that ' without faith it is impossible to please God.' And that they instil the creed into them, that they may know what to believe and what to hope for : and that they deliver it to infants, or to those who under- take for them in baptism, and teach them carefully the renunciation of the pomps of the devil, and auguries, and divinations ; and afterwards teach them to make the estab- lished professions.

12. They added in the twelfth article, that priests should 12. Priests not declaim in church like secular poets, lest they spoil fu^ ^° ^^"^

^ ' J tr the service

or confuse the composition and distinction of the sacred simply and words, by a dramatic pronunciation, but follow the plain JP ^^^P ^° song, or holy melody, according to the custom of the functions. Church. Let him who cannot attain to this, simply read, pronounce and rehearse the words, as the moment requires. And let them not presume upon what belongs to the bishop. In the meantime, let priests not presume or attempt in any wise to perform any of those things which are peculiar to bishops in some of the ecclesiastical offices.

13. It is determined by the thirteenth decree, that the 13. Festi- holy festivals of our Lord's Incarnation be uniformly ob- 7^^? ^^f .'°

•' ^ •'be kept in

served, viz. — in the office of Baptism, and the celebration a uniform of masses, in the manner of singing according to the ^^^' written copy which we have from the Roman Church. And that the nativities of the saints, throughout the circle of the whole year, be venerably kept on the same day, according to the martyrology of the said Roman Church, with their proper psalmody.

14. In the fourteenth place it is ordained, that the Lord's 14. Of the day be celebrated by all, with due veneration, and wholly ^f ^^7^"*^^ dedicated to divine service. And let all abbots and priests, Lqrd's

on that most sacred day, remain in their monasteries and ^^^* churches and say solemn mass : and laying aside all ex-

22 DOCUMENTS ILLUSTRATIVE OF THE [vii

747. ternal business, and secular meetings and journeyings, except the cause be insuperable, let them by preaching instruct the servants subject to them, from the oracles of Holy Scripture, in 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. T5. The 15. Under the fifteenth head they have determined that

^^^^". . the seven canonical hours of prayer, by day and night, hours to be be diligently observed, by singing proper psalms and can- observed, j-jcigs . and that the uniformity of the monastic psalmody be everywhere followed, and nothing be read or sung which is not allowed by common use ; but only what is derived from the authority of the 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 should remember to entreat 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. 16. Roga- 16. They agreed under the sixteenth head, that the

tiondays Litanies, that is Rosjations, be kept with great reverence to be kept. ' o j r o

by the clergy, and all the people, on these days, viz. : the seventh of the Kalends of May [April 25] according to the rites of the Roman Church, where this is called the greater Litany; and also according to the custom of our ancestors, on the three days before our Lord's ascension into heaven, with fasting till nones, and celebration of masses, not with a mixture of vanities, 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, to-

vii] HISTORY OF THE ENGLISH CHURCH 23

gether with the rehcs of saints. Let all the people with 747. bended knees humbly entreat the pardon of God for their sins.

17. It was constituted in the seventeenth precept, that the 17- Jhe birthday of the blessed Pope Gregory and also the day of 55 q^.^. the burial of St. Augustine the Archbishop and Confessor gory and (who being sent to the English by the said Pope, our father to"beVept Gregory, first brought the knowledge of the faith, the sacra- ment of Baptism, and the notice of the heavenly country),

which is the 26th of May, be honourably observed by all : so that each day be kept with a cessation from labour, by ecclesiastics and monastics ; and that the name of our blessed father and doctor Augustine be always mentioned in singing the Litany after the invocation of St. Gregory.

18. It was constituted in the eighteenth mandate, that none 18. Ember should neglect the times of the fasts; that is of the fourth, [^^^^ *° ^^ 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 a uniform manner, and make no difference in the observance ; but take care to celebrate it according to the rites of the Roman Church, of which we have a written copy.

19. It was given in charge in the nineteenth place, that 19-. Jhe monks and nuns be humbly subject to their superior, regularly observe^ constituted, and lead a quiet life under rule, and without rule and dissension, and firmly retain those things which are agree- onn^-onri. able to the profession of their habit ; and let them not use ately. gorgeous apparel, or such as savours of vainglory, like secu- lars, but a simple habit, such as agrees with their profession.

20. It is enacted by the twentieth decree, that bishops by on visita- a visrilant inspection in their dioceses, take care that monas- ?!°" ^° ^^^

^ ^ ' that the

teries, as their name imports, be honest habitations of the religious silent and quiet, and of such as labour for God's sake ; not observe receptacles of recreative arts, of poets, harpers, musicians, statutes.

24 DOCUMENTS ILLUSTRATIVE OF THE [vii

747. and buffoons, but habitations of those who pray, and read, and praise God. And that leave be not given to any secular to roam about through places which are not meant for them, nor to have the run of the inner cells of a monastery, lest at any time they should carry away thence matter for finding fault, if they see or hear anything unbecoming in the cloisters of a monastery ; for such familiarity with lay folk, especially in the monasteries of nuns whose discipline is not very strict \i7iinus regulariter conversantiuni], is hurtful and prejudicial ; because, by this means, causes of suspicions among adversaries [adversorutfi] or wicked men not only arise, but are in fact committed, and spread abroad, to the bad repute of our [nostrce] profession. Let [not] there- fore nunneries be dens for unseemly gossip, feastings, drunkenness and luxury, but habitations of such as live in continence and sobriety, and who read and sing psalms; and let these spend their time in reading books and sing- ing psalms, rather than in weaving and working parti- coloured, vainglorious apparel. 21. Against ^i. It is ordained in the twenty-first place, that monastics drunken- and ecclesiastics neither follow nor affect the vice of drunken- ecclesias- ^i^ss, but avoid it as deadly poison, since the apostle de- tics, clares, ' Drunkards inherit not the kingdom of God.' And at another place, * Be not drunk with wine, in which is luxury.' Nor let them force others to drink intemperately, but let their entertainments be cleanly and sober, not luxurious, nor with any mixture of delicacies or buffooneries, lest the reverence due to their habit grow into contempt and be deservedly in ill-repute among seculars : and that unless some necessary infirmity compel them, they do not, hke common tipplers, indulge in drinkings till the canonical, that is the third hour, be fully come. sSstics^to 2 2. It was decreed in the twenty-second head, that all communi- monastics and ecclesiastics, be admonished to keep them- Qu^^nU^' selves always prepared for the Holy Communion of the Body

vii] HISTORY OF THE ENGLISH CHURCH 25

and Blood of our Lord : and that rectors take diligent care 747 that none of those subject to them 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 23. The be likewise admonished to communicate, while they are not function as yet corrupted, not being of the lustful age ; also those of for the lay a riper age, whether unmarried or married, who refrain from ^^°^ ^' sin, are to be exhorted to the same purpose, that they fre- quently communicate, lest they grow weak for want of the salutary meat and drink, since our Lord says, 'Except ye eat

the flesh of the Son of Man,' &c.

24. It was enacted under the twenty-fourth head, that if any 24. Candi- secular desire to enter into the service of the holy profes- ^^*^^ ^°^

■' ^ monastic

sion, he should not receive the tonsure before his conversa- life to be tion and moral qualifications (according to the prescript of ^^^^ the monastic rule) be clearly tried, according to the apos- tolical precept, saying, * Try the spirits whether they are of God,' unless some reasonable cause plead for his being pre- viously admitted into the congregation. 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 beginning monastic life, that they may the better bear with him, being such as they had upon trial found him, if after his admission he displease, and prove intractable ; nor by any means should they rashly expel him for any cause, so that he scandalously go from one layman's house to another, to the reproach of our profession — unless the cause be such that it so happens a decree of a synod has determined that he be dismissed and anathematized by all, in all places, unless he come to satisfaction.

25. It was determined under the twenty-fifth head, that fo publish'

26 DOCUMENTS ILLUSTRATIVE OF THE [vii

747. bishops coming from synods, assembling the priests, abbots,

synodal and chiefs [of monasteries and churches] within their dio- decrees

ceses and laying before them the injunctions of the synod,

should give it in charge that they be kept. And if there be anything which a bishop cannot reform in his own diocese \diocesi\ let him lay it before the archbishop in synod, and publicly before all, in order to its being reformed. 26. Of 26. In the twenty-sixth place, the sentiments of the fathers

almsgiv- concerning the profitableness of alms were produced : that they are necessary to be done by faithful men, in order that past sins may the sooner and more fully be forgiven by God to offenders who do penance by alms ; and that the Divine protection may be obtained by them, the same deeds be not again committed, nor any others like them ; and that to all who live religiously, the purity of their innocence being graciously preserved by God, a recompense of things eternal may be made to them hereafter in heaven in con- sideration of their freely disposing of their temporal things here on earth. And certainly alms 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 are 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 plunder, but out of his own well-gotten substance. For if it be given out of what is acquired by cruelty or violence, Divine justice is rather provoked than pacified by it, because, according to the Scripture, the alms that are done out of the substance of the poor are like killing the son in the presence of the father (Ecclus. xxxiv. 20). Nor let a man give alms to the needy to the intent that he may more freely immerse him- self 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 gener-

VII] HISTORY OF THE ENGLISH CHURCH 27

ally, let not any man's alms be daily given to God with this 747. view, that they may with impunity indulge their bodily lusts ; for they give alms in vain which are not 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 Heavenly 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 themselves to the Devil. Lastly, then, let not alms be given (according to the newly-invented conceit of men's own will, grown into a custom dangerous to many) for the making of abatement or commutation of the expiatory fasts and other works of satisfaction enjoined to a man, by a priest of God, for his own crimes according to the canon law ; but rather as an increase of his own amendment, that the Divine wrath, which he has provoked by his own demerits, may the sooner be appeased. And withal, the more unlawful the thing a man has done, the more he ought to abstain from things that are lawful^ and the greater sins he has 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 remitted on account of these things. Let these and such like be done as additions, for the more full expiation of sin ; for it is necessary that the flesh, which drew us willingly unto 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 do. For one knows not 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

:>8 DOCUMENTS ILLUSTRATIVE OF THE [vii

747. evil ones. For He who has promised pardon to the sinner

has not promised him another day.

27. Of the 27. Under the twenty-seventh head — when discoursing

benefit of xmich of those who sing psalms or spiritual songs profitably,

psalm T 1

singing. or of those who do it negligently — psalmody, they say, is a

Divine work, a great cure in many cases for the souls of those who do it in spirit and mind. But they that sing with voice, without the inward meaning, may make a sound resembling something; therefore, though a man know not the Latin words that are sung, yet he may 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 suitable humiliation tof 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 pardon of them, they that touch the ears of Divine pity by praying for any valu- able 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 {sic) have before mentioned, especially their most holy and divine service, whether they offer variety of prayers and praises to God in that sacred chanting either for themselves or for others, quick or dead, or at the end of every psalmody bow their knees in prayer and say in the Latin, or if they have not learnt that, in the Saxon, ' Lord have mercy on him and forgive him his sins, and convert him to do Thy will ' ; or if it be 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 the manner aforesaid (on condition that they petsevere in

vii] HISTORY OF THE ENGLISH CHURCH 29

the expiation of their crimes, and not in the allowance of 747. 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 good, 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 fast or sing psalms for them. For let every one certainly know that his very own flesh, which has been the cause of unlawful wicked desires, ought to be restrained from what is lawful, and that a man should punish it now in proportion to its guilt, if he desire not to be punished hereafter by the Eternal Judge. Let himself first crave 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 common prayers to God for him. For if they promise or believe or act other- wise than has 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 Judge on high, because they dare to set his justice to sale every day by inordinate flat- tery and excessive blandishment, whilst their behaviour is unrestrained.

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 300 years longer, his fasting was already paid by these methods of satisfaction, namely : psalmody, fasting, and alms of others, apart from his own fasting, or however little it might be. If then Divine justice can be appeased by others, why, you foolish boasters, is it said by the voice of Truth itself : ' It is easier for a camel to go through the eye of a needle than for a rich man to enter the kingdom of

^o DOCUMENTS ILLUSTRATIVE OF THE [vii

747. heaven,' when he can with bribes purchase the unnumbered fastings of others for his own crimes ? Oh that you might perish alone, you that are deservedly called the gates of Hell, and who persuade [others] to sin, before more are ensnared by your misguiding flattery, 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 all stand before the judgment seat of Christ,' &c.

28. Of the 28. Under the twenty-eighth injunction they charged that size of j^Q Qj^g should admit a larger congregation than he can

monas- 000

teries and maintain and find in necessaries. If any have unwarily apparel of ^q,^q ^]^[^ Igj- them exact the less work from them till they

monks and . , . '

nuns. can give them food and raiment suitable to their habit of

profession. And among other observances of the regular life, let them use the accustomed apparel of those who have been before them, whether they are clerks or monks. And let them not imitate seculars in the fashionable gartering of their legs, nor in having hoods round their heads after the fashion of the layman's cloak, contrary to the custom of the Church. Likewise, that nuns veiled by the priest, 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 contempt of the world, lest the hearts of others be defiled by the sight of them, and they, by this means, be found guilty of this defilement in the sight of God.

29. That 29. Under the twenty-ninth [head] they enacted, with bouncTbv regulative decree, that after this synod it be not lawful for religious clerks, monks, or nuns to dwell any longer in the houses of profession ggj^yi^j-g ^f^h laymen, but that they go back to the monas- laymen. teries where they had first taken the habit of their sacred

profession, from which they departed of their own accord, or were expelled by the violence of others, as has certainly been done in many places, and that free admission be not

vii] HISTORY OF THE ENGLISH CHURCH 31

denied them on their return on account of any manner of 747. previous fault. But if any of either sex, not being under a curse, but after receiving leave and benediction have afterwards been peaceably admitted by others into their society and union, and yet since this have run up and down among the laity, roving and unsettled, this return afore- said thus enjoined does not relate to the house whence they went out in regular form, but to that place where^ by mutual agreement on both sides, they were duly received to union and fellowship.

30. Under the thirtieth head a long discussion was pub- 30. A dis-

licly made between the priests of God and those of less ^[^ssion

^ about the

degree, inquiring how they might, in the existing condition avoidance

of things, be enabled to silence entirely jealousy, or words of Jealousy

. J J ji between

akm to jealousy, concerning them, their own conscience ecclesias- within bearing them witness that any such suspicion was [^^^ ^"^ false and vain — namely, that kings, with their officers and position, chief men and many besides of less degree, have persuaded themselves, and are wont to assert, that they not only are insincere in love and affection towards them, but indeed grudge them the good things present with a heart too malevolent, rather than rejoice with them loyally, and do not cease to inveigh against their way of living, with bitter abuse. Their view, indeed, was that any man of higher position and dignity, who thought or said such things for any reason, did so most undeservedly, for that this was contrary not only to the profession of their habit but to the teaching of evangelists and apostles, which they ought to proclaim to all in general, namely, that no preacher of peace and love to God and men, who were made in the likeness of God, should ever venture for a moment to enter- tain in himself fuel for hatred and envy. And so, that Continual their accusers mi^ht more certainly avow that they were i"te''ces-

° -' -' sion for

free from this abominable fault, both before God and man, this object they ordained that, for the future, ecclesiastics and monks ^^ enacted

32 DOCUMENTS ILLUSTRATIVE OF THE [vii

747. should at the canonical hours of prayer, not only for them- selves, but also for kings and great men, and the good estate of all Christian people, supplicate the Divine mercy without ceasing, that they might be counted worthy to pass their life in peace and quietness under their good protec- tion ; and that henceforward they might be of one soul in faith, hope, and love towards God, and love one another in such wise that after the course of this pilgrimage they be counted worthy to attain together the heavenly country; and that the Divine mercy shall be more earnestly entreated for those who most often extend their pious patronage to the Churches of Christ whilst they are aHve ; and that the atoning celebration be more often performed by the ministry of very many priests of Christ for their souls' rest when they are dead, if, that is, they have remembered to make themselves worthy of this benefit when alive.

VIIT.

SYNODS HELD AT CHELSEA AND ELSEWHERE,

A.D. 787.

787. The following document is a report sent by the legates George and

Theophylact to Pope Hadrian I. It was originally printed by the Magdeburg Centuriators from a MS. which has not since been verified. There is no reason to doubt its authenticity, as the internal proofs of this are very strong. See H. and S. iii. 447-461. It occurs in the Centuries, viii. p. 575.

[Johnson's tr., compared with H. and S.]

The We have written a capitular of all the particulars, and re-

egates hearsed them in order in their hearing, who, with all humble report the °' '

success of submission and evident willingness, embracing your admoni-

their mis- ^-^j^ ^^^ ^^^ p^^j. ggiyes, promised in all particulars to obey.

Then we delivered to them your letters to read, enjoining

viii] HISTORY OF THE ENGLISH CHURCH 33

them that they would see that the holy decrees be observed 787. 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 The clergy faithfully and firmly held by all that are devoted to the holy fe^^^^hthe"'' service; and that the priests of every church who are to faith of the teach the people be diligently examined by the bishops every ^^ general year in their synodical assemblies, concerning the faith : so and to be that they may profess hold and teach the apostolic and ^^^"j""ed catholic faith of the six Councils which is approved by the

Holy Ghost, and not fear to die for it if there be occasion ; and that they receive all such men as the general Councils have received, and reject and condemn all those, heartily, whom they have condemned.

2. That Baptism be administered according to the canon- The season ical statutes, and not at any other time except in great ^."^ condi- necessity; that all in general know the Creed and the Lord's Baptism, Prayer; that all who receive children from the font know and the that they are sureties to the Lord, according to their under- bilities of taking, for the renouncing of Satan, his works, and pomps, sponsors and for the believing of the faith ; that they teach them the and in- Lord's Prayer aforesaid and the Creed, while they are coming struction. to ripeness of age : for if they do not, what is promised to

God on behalf of them that cannot speak shall be with rigour exacted of them. Therefore we enjoin that this be charged on the memories of all the people in general.

3. That there be two Councils each year according to the Bishops to

canonical decrees, that the briers and thorns may be cut off ^^^^ V^°

■^ annual

from the hearts of all offenders as spurious branches are by Councils,

ofood husbandmen. And let every bishop go round his ^"^ to con- ° r '^^^^ visita-

diocese once every year, carefully appointing places of meet- tions,

ing at convenient distances ; that all may meet to hear the

word of God, lest any, through the neglect of the shepherd,

ignorantly going astray, be victims to the bite of the

roaring lion. Let him with watchful care preach to and con-

D

34 DOCUMENTS ILLUSTRATIVE OF THE [viii

787. firm the flock committed to his charge ; let him separate the

to preach, incestuous, coerce soothsayers, fortune-tellers, enchanters,

and exer- diviners, wizards, and sacrilegious ones, and suppress all vices.

cise disci- And let no man affect to feed the flock committed to him pline.

' for filthy lucre's sake, but in hope of an eternal reward ;

and clergy and what he has freely received let him freely give to all, as

^° ThT-^ ^^^ apostle protests (2 Tim. i. i), and as the prophet says (Isa.

ness and xl. 9), that SO he may excel in merit as he does in dignity.

to be true ^.nd that he may not be cramped by fear whilst he is teach- snepnerds.

ing, let him hearken (Isa. xl. 9). Jeremiah also says (Jer. i. 17).

Alas for this lamentable lukewarmness. As many thoughtful men say : why will ye be involved in the love of secular things, or be dismayed by crime and confounded 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 who 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 reprehends shepherds by the prophets saying (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 (Ezek. iii. 18); for ' The good shepherd layeth down his life for the sheep.' Endeavour, my fathers and brethren, that ye bear these things in mind, lest it be said to you, as to the shepherds of Israel, ' Ye feed yourselves,' &c., but that ye may deserve to hear, ' Well done, good and faithful servant,' &c. Canons, 4- That bishops take great care that canons live canon-

monks, and ically, and monks and nuns behave themselves regularly, nuns to live o y?

and dress both as to diet and apparel, that there be a distinction regularly between canon, monk, and secular. Let the monks use

according

to the con- the habit that the Easterns do, and the canons too, and not

cihar garments dyed with Indian colours, or very costly. But let

viii] HISTORY OF THE ENGLISH CHURCH 35

bishops, abbots, and abbesses give good example to their 787. subjects as Peter says (I. v. 2). Therefore we advise that the synodical decrees of the six general Councils, with the decrees of the Roman Pontiffs, be often read with attention, and that the state of the Church be reformed according to the pattern described therein, that no novelty be intro- duced, lest there be a schism in the Church of God.

5. That if an abbot or abbess depart this life, which The elec- often happens, religious pastors of approved life be chosen monastic from among themselves in the Lord to take care of the souls superiors, committed to them, with the bishop's advice within whose diocese the monastery is situate. But if such a person 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 be employed day and night in performing the vow they have made to God, * having their loins always girt about,' &c.

6. That no bishop presume to ordain a man priest or Conditions deacon unless he be of approved life, and sufficient for the ^ion^^nT" full discharge of his office ; and let them continue in that title. 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 com- mendatory.

7. That all churches have their course publicly at the The hours canonical hours with reverence. ° ^ •^^'^

service.

8. That ancient privileges conferred on churches by the Preserva- Holy Roman See be preserved by all. But if any have tion of been granted contrary to the canonical decrees, in compliance privileges, with wicked men, let them be cancelled.

9. That no ecclesiastic presume to eat in secret unless No eccle- on account of great infirmity ; for this is hypocrisy and the ^^^^-^^ way of the Saracens [Sarabattce or vagrant monks ?] ; there- secret, fore they advise that we be not 'whited sepulchres,' &c., especially since our Saviour says : ' Take heed that ye do not

D 2

36 DOCUMENTS ILLUSTRATIVE OF THE [viii

787. your justice before men.' From hence we may see how

Httle it means to fast before men but to swallow down beef

or horseflesh 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.

The cele- lo. Let no minister of the altar presume to go and cele-

atdre for brate mass with bare legs^ lest his nakedness be seen and God

mass ; the be offended. For if this was forbidden in the Law, we know

the br^ead ^^ ought to be more carefully observed in the Sacrament of

and Christ. Let bread be offered by the faithful, not crusts.

vesse s. s^^ have also forbidden the chalice or paten for sacrificing

Bishops to be made of ox-horn because they {sic) are of blood. We

judo-e ^^^^ ^^^^ there seen bishops in their Councils judging

secular secular matters, and we forbad them with the apostolic

^^ ^^^' saying (2 Tim. ii. 4) ; we have also entreated that prayers

Interces- be assiduously made for the Church of God, that God and

sionforthe _ . ^ ^, . , , ,

Church. our Lord Jesus Christ may exalt, corroborate and protect,

defend and preserve her without spot, to the praise and

glory of His name for ever and ever. Amen.

The duty 1 1. Our address to kings is that they administer their

of kings as government with caution and discretion, and that they

rulers and ° •'

judges in judge righteously, as it is written, ' Take hold of discipline ' obedience ^pg_ jj^ ^2). Further, as we have above directed bishops 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 show the way of salvation to all, both by word and example — so we have also admonished kings and princes that they from their 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 (Deut. xxxii.). And the apostle elsewhere (Heb. xiii. 17). Our Saviour Himself says to doctors (Luke X. 16). The lips of the priest preserve knowledge.

viii] HISTORY OF THE ENGLISH CHURCH 37

for he is the angel of the Lord of Hosts. If then priests 787. are called angels, they cannot be judged by secular men, as a^^d in de-

fercncc to the apostle says, ' For me it is a very small thing that ^^^ dio-nity

I should be judged by you.' Also it is said by the Psalmist of the (Ps. cv. 14). And the apostle says (i Cor. vi. 3). For as kings are above all dignities, so are bishops in things per- taining to God. Therefore we exhort with all earnestness, that all do indeed 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 violence, as it is written (Ps. xciv. 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) that ' they have reigned but not by Me ' (Hos. viii. 4) ; but that they may rather deserve to have it said (Ps. Ixxxix. 19-21), that God may grant them the eternal glory of the kingdom which is to come. And let Of the kings have wise counsellors, fearing the Lord, of commend- k^"» ^ able manners, that the people being instructed and reformed lors. by the good example of kings and princes, may improve to the glory and praise of Almighty God.

12. That in ordaining kings none permit the voices The con- of wicked men to prevail ; but let kings be lawfully secration chosen by the priests and elders of the people, not such choice of as are born in adultery or incest, for as in our times, ^^"Ss, according to the canons, none can arrive at the priesthood who is of adulterous descent, so neither can he who is not born in lawful marriage be the Lord's anointed, king of the whole kingdom, and heir of the country, since the prophet says (Dan. iv. 17). We have admonished all in for whom general that with unanimous voice and heart they pray to P^^y^^ ^^ the Lord, that He who elects him to the kingdom would give him the spirit of discipline for the governing of his

38

DOCUMENTS ILLUSTRATIVE OF THE [viii

787.

Behaviour to them and

the fate of

regicide

clerks.

The re- sponsibih- ty of the rich and great in judging.

Of security and the just hmits of taxation.

people ; and let honour be paid him by all, since the apostle says (i Pet. ii. 17). Let none be guilty of detraction towards the king, since Solomon says (Eccl. x. 20). And let none compass 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 was Judas from the apostolic degree. And whoever approves of such sacrilege shall perish in the eternal chain of an anathema, and being a comrade of Judas shall burn in everlasting fire, as it is written (Rom. i. 32). The two eunuchs who desired to kill King Ahasuerus w^ere hanged on a gallows (Esth. Apoc. xii. 3). Observe what David did (i Sam. xxiii. 5, 7 ; 2 Sam. i). It has been proved by many examples among you that those who have been the authors of killing their lords have shortly ended their own lives and been without benefit of either law.

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 act according to truth and justice, since the prophet says (Ps. Iviii. i). Also elsewhere (Lev. xix. 15), as also (Isa. 1. 17), and at another place (Lev. viii. 6). The Lord says in the Gospel (Matt. vii. 2), nor shall you by violence take from another that which belongs to him, as it is said (Ex. xx. 17), for the prophet threatens saying (Isa. v. 8). Again a pro- phet cries saying (Ps. Ixxxiv. 2). Remember what he deserves who causes a little one to stumble ; but he who receives one of these receives Christ. May you deserve to have it said to you at the Judgment ' Come ye blessed of. My Father,' etc.

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 or

viii] HISTORY OF THE ENGLISH CHURCH 39

violence who desire to keep themselves in communion with 787.

the Holy Roman Church and blessed Peter the Prince of

the Apostles. Let there be concord and unanimity every- Ofhar-

where, between kings and bishops, ecclesiastics and laymen, J"0"y

and all Christian people ; that the churches of God may be Church

at unity in all places, and that there be peace in the one ^^^ State,

Church, continuing in one faith, hope, and charity, having

one Head, which is Christ, whose members ought to help and the

one another, and to love with a mutual charity, as He Him- P^^^^ o^

tne

self has said (John xiii. 35). Church.

15. All unrighteous marriages are forbidden, as also such Of mar- as are incestuous, as well with the handmaids of the Lord, or ^i^g^. ^^- other unlawful persons, as with those that are too near akin, and penal- as also with alien [alienigencB] women. And let him who '^^^* does such things be struck with the sword of the anathema, unless, correcting himself, he repent of his wicked presump- tion, and correct and reclaim himself according to right law

in obedience to his bishop.

16. Sons of harlots are deprived of lawful inheritance, of what and we judge those born in adultery or of nuns to be constitutes

•11 • • T-. 1 1 • 1, • . 1 illegiti-

illegitmiate. r or we do not hesitate to call a virgm who macy and

has devoted herself to God, and has put on as it were the ^^^^, ^^^-

cession garment of the Holy Mary, the spouse of Christ. Now

it is manifest in heavenly respects as well as earthly that he who takes a spouse from one more powerful than him- self shall not escape unpunished. Therefore the apostle says (i Cor. iii. 17), and the same apostle says (Eph. v. 5). Consider whether secular inheritance be not cut off from such by the Scripture when it says (Gal. iv. 30). But an adulterer may say, 'My harlot is not a bondwoman but a free ' ; to these we answer, with apostolic authority (Rom. vi. 16). Therefore we have commanded, in the words of the apostle (i Cor. vii. 2), that so they may have lawful heirs in the Lord who may be also heirs of God and coheirs of Christ. Further, as it is prescribed in the canon and

tural war rant

40 DOCUMENTS ILLUSTRATIVE OF THE [viii

787. in the Gospel, and in the decrees of the apostles concern- ing lawful marriages, and the proper time of intercourse and abstinence, we presume to add nothing to these decrees (i Cor. xi. 16). Tithes to I?. As to paying tithes it is written in the Law, 'The

be paid in ^^^^^i part of all thy increase,' &c. : ' If thou bring thy first- accordance ^ ■' ' ■' o J with Scrip- fruits,' &c. Again by the prophet, ' Bring ye all the tithe

into the store-house,' &c. (Mai. iii. 10) ; as the wise man

says, ' No man can justly give alms of what he possesses

unless he has first separated unto 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 part. 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

similarly (Matt. vi. 2). We have also forbidden usury, since the

usury not Lq^^j g^yg ^-q David that he shall be worthy to dwell in his

to be per- ■' ■'

mitted; tabernacle who has not lent his money upon usury. And

Augustine says, ' Who can have unjust gain without justly

deserved loss ? ' (Aug. Serm. 8). Where there is gain there

weights is loss; gain in the coffer, loss in the conscience. We

and mea- \-^2iWQ. also ordained that equal measure and equal weight sures to be . ^ ^i o

just. be enjoined to all, since Solomon says (Prov. xx. 10), that

is, buying by one measure and selling by another ; for God everywhere loves justice, ' His countenance beholds the thing that is right.' Vows to 18. That the vows of Christians be fulfilled, for by this

accordance ^^^^^"^ ^^^ ancient patriarchs and prophets pleased God. with Scrip- Abel the righteous, with a faithful mind offered a vow of amples^and ^^^^ fatlings, and this was more acceptable to God than warnings, that of the parricide, therefore God with divine fire con- sumed those acceptable burnt offerings, but despised what was offered without a good mind, who being therefore

viii] HISTORY OF THE ENGLISH CHURCH 41

condemned with a curse, deserved wrath, but the younger 787. was crowned with a happy martyrdom. Remember Enoch, who paid the vow that he had made and was translated hving in the body. So did the righteous Noah, and he alone with seven of his family was delivered from the flood of the world. What need I say of Abraham who paid all his vows and his tithes to Melchisedec the priest? For he triumphed over his enemies, therefore he deserved not only to adore, but also to entertain with his hospitality, the Lord in Trinity, and to have a son of promise by a woman that was ninety years old. And he refused not to sacrifice the son of promise, though the Lord had said, ^In Isaac shall thy seed be called,' &c., yet he certainly trusted that his son was to live. Therefore 'faith wrought with his works,' &c. (Jas. ii. 22, 23). Jacob vowed a vow and he paid it. Remember Manoah [Jephthah ?] what he did with his daughter, and his memory shall be everlasting. David, when he paid his vow, charged us saying (Ps. Ixxvi. 11). Solomon also says (Eccl. v. 4, 5). We there- fore beseech you that every one call to mind what he has vowed in prosperity or adversity, lest being again involved in difficulties you deserve to have it said : ' What he pro- mised long ago he has lied in.' ' After thy hardness and impenitent heart thou treasurest up unto thyself wTath,' &c. (Rom. ii. 5). 'Therefore I will laugh,' &c. (Prov. i. 26). We can give or promise to God nothing but what He first gave us ; therefore the prophet, being touched with this, says (Ps. cxvi. 12). If any one has vowed and delayed to pay it, we are afraid that he will not escape without ven- geance, as it is said, ' It is a fearful thing to fall into the hands of the living God.'

19. That every faithful Christian take example by catholic Reproba- men, and if any pagan rite remain let it be plucked up, p°" ° ^us- despised and rejected, for God created man fair in comeli- toms, viz. ness and appearance, but pagans, by the inspiration of the "^^ ^ ^ '° >

42 DOCUMENTS ILLUSTRATIVE OF THE [viii

787. Devil, have brought on themselves the foulest scars, as pagan Prudentius sa5^s, 'He has marked even the innocent ground

dress .

horse- with unsightly spots.' He seems to do an injury to the maiming, Lord who defiles and depraves his workmanship. If any sorcery. °"^ should undergo this blood-letting for the sake of God, eating 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 circum- cision without sincere faith. Ye wear garments like those of the Gentiles whom your fathers by the help of God drove out of the world by arms. A wonderful and horrible thing to imitate the example of those whose manners you hate. You also by a horrid custom maim your horses ; you slit their nostrils, fasten their ears together, make them deaf, cut off their tails, and render yourselves hateful in not keeping them sound when you may. We have heard also that when you have any controversy between yourselves you use sorcery after the manner of the Gentiles, which is accounted sacrilege in these times. Many of you eat horse- flesh, which is done by none of the Eastern Christians : take heed of this too. Endeavour that all your doings be honest and be done in the Lord. All to be 20. We have directed all in general to act according to the to timely prop^et's word which says, ' Make no tarrying to turn unto repentance the Lord, and put not off from day to day ' (Ecclus. v. 7), fession^ and again (Joel ii. 12). And according to the Apostle and due (Jas. V. 16), lest death should find any of you unprepared, penance, ^yj^j^h God forbid. And receive the Eucharist according to the judgment of the priests, and the measure of guilt, and bring forth fruits meet for repentance. For a fruitful repen- tance 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 even an infant born but a day since ' (Job xiii. 4, 5, LXX). As the apostle says, ' If

viii] HISTORY OF THE ENGLISH CHURCH 43

we say we have no sin/ &c., therefore since death Hngers 787. not, repent and be converted that your sins may be blotted out, and that you may deserve, together with the holy angels, to enjoy that life which is without end, through Him who liveth and reigneth for ever and ever.

We proposed these decrees, most blessed Pope Hadrian, Epilogue :

in a public Council before Alfwald the kinoj, and Eanbald ^°"stitu- ^ °' tion and

the archbishop, and all the bishops and abbots of the behaviour country, and the senators and chief men and people of the ^ .? land. And they, as we before said, vowed with all devotion Synod, of mind that they would keep them to the utmost of their power by the help of the heavenly mercy. And they con- firmed their vows by the sign of the Cross in my hand in your stead ; as afterwards they also did carefully, with a style, put the sign of the holy Cross to this written paper.

I, Alfwald^ king of the Northumbrian nation, consenting The have subscribed with the siern of the Cross. Northern

° signato-

I, Tilhere, prelate of the Church at Hexham, have joy- ries.

fully 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 and catholic injunction of this

paper.

[There follow the names, in very like terms, of Bishops Higwald of Lindisfarne, Ethelberch of Candida Casa, Aldulph of Mayo, Bishop Ethelwin, and of Gosigha the Patrician.]

To these most useful admonitions we also, priests and deacons of the churches, and abbots of monasteries, judges, great men and nobles have consented and subscribed with one act and mouth [Two chief men and two abbots sign with no further specification]. These things being con- cluded, and the blessing being given, we went on,, taking

44

DOCUMENTS ILLUSTRATIVE OF THE [viii

787. The

Southern Synod under Offa &c,, and their ac- ceptance of the canons.

The

Southern signato- ries.

with us the legates of the king and archbishop, that is Malwin 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 Jaenbert, 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 their apostleship promised to obey their admonitions, and by the Divine assistance to the best of their power cheer- fully to keep the statutes. And further, according to the above-written injunction, as well the king as the great men, the archbishop with his attendants, confirmed with the sign of the holy Cross in our hands in your Lordship's stead, and afterwards they confirmed this present paper with the holy sign.

I, Jaenbert, archbishop of the holy Church of Canter- bury, have devoutly subscribed with the sign of the holy Cross.

I, Offa, king of the Mercians, consenting to these statutes, have readily subscribed with the sign of the Cross.

I, Higbert, bishop of the Church of Lichfield, have sub- scribed with the sign of the holy Cross.

[Other signatures follow, viz, Edwulf, bishop of Lindsey, and Unwona, bishop of Leicester, with nine other bishops whose sees are not mentioned, but are identified by H. and S. iii. 462; four abbots, two chief men and one earl ; some of them identified, H. and S. /. c]

ix] HISTORY OF THE ENGLISH CHURCH 45

IX.

ABOLITION OF THE METROPOLITAN DIGNITY OF LICHFIELD, a. d. 803.

This document records the final settlement of the controversy about 803. the metropolitan dignity of Lichfield, which had lasted for sixteen years. It occurs in a longer form as printed by H. and S. (iii. 542). That given below depends upon an abridgement given in Spelman, i. 324, which is based on Cotton MS., Aug. ii. 56.

[Johnson's tr. revised.]

Glory to God on high, peace on earth to men of good Lichfield will. We know as is notorious, though it seems not at all ^^^^"S pleasing to many who dwell in the nation of the English a metro- that faithfully trust in God, how that Offa, king of the Mer- ^°^offa^^'' dans, in the days of Jaenbert, archbishop, presumed by very indirect practices to divide and cut in sunder the honour and unity of the see of our father St. Augustine in the city of Canterbury, and how, after the death of the said pontiff, Archbishop Ethelherd, his successor by the gift of Divine grace, after several years, happened to visit the Apostolic threshold and Leo the blessed Pope of the Apostolic See, in behalf of many rights belonging to the Churches of God. He, among other necessary negotiations, did also declare that the partition of the archiepiscopal see had been unjustly made ; and the Apostolic Pope, as soon as he heard and understood that it was unjustly done, presently ordered an authoritative precept of privilege as from himself, and sent it into Britain, and charged that an Leo de- entire restitution of honour should be made to the see of ^^^y^^ ^^^

action

St. Augustine with all the dioceses belonging to it, accord- unjust and ing as St. Gregory the apostle and master of our nation o^-deredre-

^ o y r StltutlOn.

settled it, and that it should in all respects be restored to the honourable Archbishop Ethelherd when he returned

46 DOCUMENTS ILLUSTRATIVE OF THE [ix

803. into his country. And Kenulf, the pious king of the Mercians, brought it to pass.

1. Accord- I. And in the year of our Lord's Incarnation 803, Indic- a'fvnod at ^^^^ ^^' October 12, I, Ethelherd, archbishop, with all the Cloveshoo twelve bishops subject to the holy see of the blessed of^Canter- -^^gustine, in a synod which was held by the apostolic bury are precepts of the Lord Pope Leo in a famous place called res ore . cioveshoo, 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. Augustine, and of his holy see ; but that it always remain most fully in all 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 Apostolic successors, and as appears to be right by the sanctions of the holy canons.

2. This re- 2. And now by the help of God and of the Apostolic is now Pope Leo, I, Ethelherd, archbishop, and other our fellow- confirmed, bishops, and all the dignitaries of our synod with us, do Hadrian's Unanimously confirm the primacy of the holy see with the charter is standard of the cross of Christ. And we give this in charge

and sign it with the sign of the Cross, that the archiepiscopal see from this time forward never be in the monastery of Lichfield, nor in any other place but the city of Canterbury, where Christ Church is, and where the catholic faith first shone forth in this island, and where holy baptism was first celebrated by St. Augustine. Further also we do by con- sent and licence of our Apostolic Lord Pope Leo forbid the charter sent by Pope Hadrian from the See of Rome, and the pall and the archiepiscopal see in the monastery of Lichfield to be of any validity because gotten surreptitiously and by insincere suggestions. Therefore we ordain by canonical and apostolic proofs with the manifest signs of

x] HISTORY OF THE ENGLISH CHURCH 47

the Heavenly King, that the primacy of the monarchy do 803. remain where the holy Gospel of Christ was first preached by the holy Father Augustine 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 apostolic precept and all ours, let him know that he is eternally condemned unless he make due satisfaction for what he has wickedly done contrary to the canons.

[A varying list of signatories follows.]

THE DONATION OF ETHELWULF, a.d. 855.

The year 855 appears to be the true date of this grant. The date, 855. circumstances, and historical bearing of the Charter are fully dis- cussed by Lord Selborne, Ancient Facts and Fictions, Sec. p. 200. The document survives in several different forms, of which there are various manuscript and printed copies. They are all collated by Birch in his Cartularium Saxonicum, vol. ii. nos. 483-485 ; see also Haddan and Stubbs, iii. 640. The translation here given is made from a MS. in the British Museum, which accords very nearly with the record in William, of Malmesbury, Gest. Reg., Rolls Series, i. 170.

[Tr. Brit. Mus. MS. Reg. 13. D. ii. f. 28.]

In the perpetual reign of our Lord, whilst in our times in pros- fby reason ofl the flames of wars, and spoiling of our CToods, P^ct ot

v J J 7 r- o o J commg

and also the most cruel pillaging of devastating foes, and dangers, manifold troubles from pagan and barbarous peoples, we ^^"S' see that perilous times are at hand to afflict us even to destruction, I, therefore, Ethelwulf, king of the West Saxons, by the counsel of my bishops and chief men have confirmed this wholesome counsel, and uniform remedy : that to all ranks hitherto possessing any hereditary portion of lands, whether servants and handmaids of God serving

48 DOCUMENTS ILLUSTRATIVE OF THE [x

855. God, or lay people, I have decided that the tenth home- grants the stead, or, where it is very small, at all events the tenth, of^his ?and ^^ always given up in perpetual franchise ; that it be free to the re- and protected from all secular services, and also royal possession tributes, greater or less, or taxations which we call Witereden^ in freehold, and that it be free from all things, for the forgiveness of our souls and sins, for the service of God alone, without military equipment, or bridge-building, or fortification of desiring castles, SO that they may the more diligently pour forth their prayers without ceasing to the Lord for us, because we

prayers in ^ -^ 7 . . .

return. thus in some degree relieve their service.

jj^g Thereafter it pleased the Bishops Alstan of the church

bishops of of Sherborne, and Swithun of the church of Winchester,

ordai^n^ to enter upon an agreement with their abbots and the

prayers to servants of God, that all our brethren and sisters do in

e o ere . ^^ congregation, at each church, every week on the day

of Mercury, that is Wednesday, sing fifty psalms, and each

priest two masses, one for King Ethelwulf, and another for

his dukes who consent to this gift for the ransom and

remedy of their faults ; for the king in his lifetime, ' O God

who dost justify ' ; for the dukes in their lifetime, ' Stretch

forth, O Lord ' ; and after their death, separately for the

king when dead, in common for the chief men when dead.

And be this as steadfastly established all the days of

Christianity as the above franchise is established, so long

as the faith extends amongst the people of the English.

PIace,date, Now this charter of gift was written in the year of the

and con- Lord's Incarnation 814 {see introduction), in the fourth firmation ^ ^ '^

of the indiction, on the 5th day of November, in the city of

Charter. Winchester, in the Church of St. Peter, before the chief altar ; and this they did for the honour of St. Michael the Archangel, and St. Mary the glorious Queen^ the Mother of God, and at the same time of the Blessed Peter, Prince of the Apostles, and also of our holy Father Pope Gregory, and all the saints, and then for fuller assurance King

xi] HISTORY OF THE ENGLISH CHURCH 49

Ethelwulf placed the charter upon the altar of St. Peter, 855. and the bishops for God's faith received it from him, and afterwards sent it through all churches in their dioceses, as is aforesaid.

XI.

TITHE ORDINANCE OF ATHELSTAN, a. d. 927.

This was a royal injunction by King Athelstan concerning the pay- 927. ment of tithes. It is discussed by Lord Selborne, Ancient Facts and Fictions, &c. pp. 183, &c., where the text is given as below. C/. Thorpe's Ancient Laws, i. 195-199.

[Lord Selborne's translation.]

I, Athelstan, king, with the counsel of Wulfhelm, arch- The king, bishop^ and of my other bishops, make known to the and others reeves at each burgh, and beseech you, in God's name, should pay and by all His saints, and also by my friendship, that ye *^^ ^^* first of my own goods render the tithes, both of the live stock and of the year's earthly fruits, so as they may most rightly be either meted, or told, or weighed out; and let the bishops then do the like from their own goods; and my ealdormen and my reeves the same. And I will, that the bishops and reeves command it to all who ought to obey them, that it be done at the right term. Let us according bear in mind how Jacob the patriarch spoke : ' I will offer tureTre'. to thee tithes and sacrifices of peace ' ; and how Moses cept. spoke in God's law : ' Thou shalt not dfelay to offer thy tithes and first-fruits to the Lord.' It is for us to think how awfully it is declared in the books : if we will not render the tithes to God, that He will take from us the Other nine parts when we least expect ; and moreover we have ^ue^are to the sin in addition thereto. And I will also that my reeves be paid so do that there be given the church-scots and the souls- ^^^ ^^ ^'

£

50

DOCUMENTS ILLUSTRATIVE OF THE [xi

927. scots, at the places to which they rightly belong; and plough-alms yearly, on this condition : that they shall enjoy it at the holy places who are willing to serve their churches, and of God and of me are wiUing to deserve it; but let him who will not, forfeit the bounty, or again turn to right. Now ye hear, saith the king, what I give to God, and what ye ought to fulfil under the penalty of contempt of my authority. And do ye also so, that you may give to me my own, what ye for me may justly acquire. I will not misesjust that ye unjustly anywhere acquire aught for me ; but I will dealing. grant to you your own justly, on this condition that ye yield me mine ; and shield both yourselves and those whom ye ought to exhort against God's anger, and against the penalty of contempt for my authority.

The king demands and pro

XII.

943.

That the Church be not oppressed or taxed.

cf. Am- brose ?

SELECTIONS FROM THE CONSTITUTIONS OF ODO, A.D. 943.

The following is a selection from the Canons of Odo, archbishop of Canterbury, which were published about the year 943, and illus- trate some tendencies of the time. Odo's Pastoral charge is trans- lated by Dean Hook in his Lives of the Archbishops, i. 369.

[Tr. Cotton MS., Vesp. A. 14, f. 173 ; cf. Wilkins, i. 212.]

I. We charge and command that the holy Church of God which was at the first founded by the blood of Christ, and by the multitude of the faithful has been arrayed as a bride in white, be not attacked by any violence of wicked men ; and that it be not lawful for any to impose a tax upon the Church of God, because the sons of the Church, that is the sons of God, are free from all earthly tribute in every country. Ambrose says, in the history of the Church^ ^

^ See Baron's Johnson's Canons, i. 357.

xii] HISTORY OF THE ENGLISH CHURCH 51

' The Catholic Church is free from all royal taxation.' If 943. any houses, lands, or any farms have been forcibly taken from Christian people, and have been given either into the royal exchequer or as gifts, all these [gifts] we charge to be revoked according to the ancient right of Christians. For and Gre- Gregory says, ' If any one shall strip the Church of Christ, ^^^^' let him be anathema, if he make not full satisfaction ' ; and again, ' Whosoever shall attempt to plunder or invade the parishes of the Church of God by rapine, he must be excommunicated by the Church's ministers and become an utter alien from the body of Christ.' For those are more daring than the soldiers who crucified Christ, that despise to obey the rules of the discipline of His Church, for the Church has the power of binding and loosing.

2. We admonish the king and princes and all who are Kings and in power that they obey their archbishops and all other f^^^^^ ^^^^ bishops with great devotion, because to them are given the bishops, keys of the kingdom of heaven, and they have the power of binding and loosing. And that they do not rate them- to be selves highly for secular power, for God resisteth the proud, ^^™^ ^' &c. And let the king have prudent counsellors, fearing God, over the affairs of the kingdom, so that the people, instructed by the good example of king and princes, may to have advance to the praise and glory of God, and that the king fg^oj-g^"^^ may be the shield and defender of the Churches of God, to oppress none unjustly by power, to judge between a man and his neighbour without respect of persons, to be the protector of strangers, orphans, and widows, to prevent theft, and to do to punish adulteries, not to exalt the wicked, to aid the ^°° * poor with alms ; for although it is necessary for every man to keep the commandments of Christ, yet is it so especially for kings and for all placed in high estate, who shall give an account at the day of strict examination, both for them- selves and for all who are subject to them.

E 3

52

DOCUMENTS ILLUSTRATIVE OF THE [xiii

1072.

Lanfranc ends the dispute.

Thomas cannot prove his case.

Augus- tine's au- thority was confirmed by later popes,

and it in- cluded York by

XIII.

SETTLEMENT OF THE PRIMACY DISPUTE,

A.D. 1072.

The extract given is William of Malmesbury's account of the conclusion of the dispute between the Archbishops of Canterbury and York, in his Gest. Pont, i, 41.

[Translated from Rolls Series edition, pp. 63-65.]

Whilst [Thomas, archbishop of York] was proceeding with these and similar arguments, as the necessity of proving his case and his own ignorance of antiquity supplied weapons to his eloquence, Lanfranc put an end to the dis- cussion, meeting him with this most wary answer : ' The view on which you rely needs substantiation in asserting that to Augustine alone was granted the submission of all the bishops of Britain, and even of those who had been conse- crated by the Bishop of York. That would have been a very poor and trifling gift bestowed by the pope on his old friend, this new Englishman ; especially when the Archbishop of York consecrated none who should be subject to Augustine in his lifetime, as there was no bishop there at all. For indeed the blessed Paulinus, the first prelate of that same city, was sent there, not in the days of Augustine, but of Justus the fourth, archbishop of Canterbury. English history will prove what I say. Know- ing this, the supreme pontiffs have confirmed to the succes- sors of Augustine the submission of all the bishops of England, as the privileges recited show, embellishing the Gregorian scheme, as they call it, with most ornate lan- guage, and following it up with generous liberality, the representatives of the same see and patrons of the same policy. Now they hold that all the Churches of the English should borrow the discipline of life from that place from

xiii] HISTORY OF THE ENGLISH CHURCH 53

whose fire they caught the flame of faith. For who knows 1072. not that the faith of Christ flowed from Kent to York and "^^^^ °f.

evangeliza- all the other Churches of England ? As for your asser- tion.

tion that St. Gregory could have confirmed, had he wished,

to Augustine's successors by word what he had granted to

Augustine, it is quite true and beyond denial. But, pray,

what prejudice does this give to the see of Canterbury?

I will put a parallel case : for when our Lord and Saviour

said to St. Peter "Thou art Peter," etc.. He could have Analogy

added, had He wished, "and this same power I grant to ^Jj°^^^ ^^^'^

thy successors." As it is, the omission detracts nothing rity went

from the reverence due to Peter's successors. Will you ^° ^^^ ^"^'

•' cessors.

oppose these words and cite anything contrary? For indeed it is impressed on the consciences of all Christians that they should fear his successors, even when they threaten, no less than Peter himself, and should gladly acknowledge any kind favour they [the successors] bestow. And so the arrangement of all Church matters is then, and only then, authoritative, if approved by the judgment of Peter's successors. What is the meaning of this but the power of Divine grace passed on through Jesus Christ from St. Peter to his vicars ? So in parallel cases, if you under- stand logic, you will form the same conclusion. Moreover, what holds good in the whole, holds good in the part ; what holds good in the greater holds good in the less. The Roman Church is, as it were, the sum of all Churches, and all other Churches are, as it were, its parts. For as in one respect man is the class of his individual members, and yet in each man resides the property of the whole man, so in one way the Roman See is the class and sum of all Churches, and yet in each Church there reigns the entirety of the whole Christian faith : she is greatest of all the Churches, and what holds good in her should hold good in the less, as the power of the first head of any Church continues to his successors unless there be any express

54

DOCUMENTS ILLUSTRATIVE OF THE [xiii

1072.

Accord- ingly Au- gustine's authority passes to his suc- cessors.

The

London primacy is not proved.

and personal exception. Consequently, as Christ said to all the Roman prelates what he said to Peter, so what Gregory said to all the successors of Augustine, he said in Augustine. The result is, that as Canterbury is subject to Rome, because it received the faith thence, so York is subject to Canterbury which sent preachers thither. As for your allegation that Gregory wished that Augustine should dwell at London, it is quite unsupported. For how can it be proved that he disregarded his master's will, and deliberately opposed the decrees ? But I object to withdraw credit from a tradition so well supported. For grant that he did move elsewhere, what is that to me who am not Bishop of London? For I do not mind at all (save that ancient usage allows it not) that you share the honour of primacy with the London prelate. If you desire to have this discussed peacefully and without controversy, I will not disregard the correct decision as far as my right and duty are concerned.'

XIV.

1075.

r. Prece- dence of bishops.

CANONS OF THE COUNCIL OF LONDON UNDER LANFRANC, a.d. 1075.

These Canons are printed in Wilkins, i. 363, on the authority of the old register of the church at Worcester, compared with Canter- bury MS., A. vii. 6. After a short historical preface the document

proceeds as follows.

[Tr. Wilkins, i. 363.]

I. Because Councils had fallen out of fashion in England for many years past, some things were renewed which are known to have been defined by ancient canons too. So it was ordained according to the fourth Council of Toledo, and those of Milevis and Braga, that bishops should sit accord- ing to the time of their ordination, save those who by old custom, or by the privileges of their Churches, have seats by

XI v] HISTORY OF THE ENGLISH CHURCH 55

precedence. The old men were asked about this, what they 1075. had seen themselves or had received truly and probably from their elders, and for this answer delay was requested and granted till next day. So on the next day they stated unanimously that the Archbishop of York ought to sit at the right hand of Canterbury, the Bishop of London at the left, Winchester next York, but if York be away, London on the right, Winchester on the left.

2. That monks should hold their proper order by the rule 2. Monks of St. Benedict in the Dialogue of Gregory, and the ancient ^uies^^^^^ custom of places under rule, chiefly that children and youths should have guardianship in all places under fit masters, assigned them, that all in general should carry lights by

night unless they have no property allowed by the autho- rities. But if any one be discovered at death to hold any property without the licence aforesaid, and shall not restore it before death, confessing his sin with penitence and grief, let not the bells be tolled for him, nor the saving sacrifice be offered for his absolution, nor let him be buried in the cemetery.

3. By the decrees of Popes Damasus and Leo^ and by 3- Trans- the Councils of Sardica and Laodicea, whereby it is for- vlua^e^sees bidden that bishops' sees should be in vills [villis] it was to towns, granted by royal favour and the Council's authority to the aforesaid three bishops to migrate from vills to cities — Her- mann from Sherborne to Salisbury, Stigand from Selsey to Chichester, Peter from Lichfield to Chester. The case of

some who were yet in vills or hamlets was postponed for the king's hearing, then at war in parts beyond the sea.

4. By many decrees of the Roman pontiffs and different 4- Letters authorities of the sacred canons,. that no one should keep ^"^'

or ordain any clerk or monk without letters dimissory.

5. To restrain the arrogance of some unwise men it was 5. Voice enjoined by general decree that no one speak in the Council, J^ .. save bishops and abbots, without leave from the metropolitan.

56

DOCUMENTS ILLUSTRATIVE OF THE [xiv

1075.

6, Pro- hibited degrees.

7. Simony.

8. Charms, magic, Sec.

9. Judges in capital offences.

6. By the decrees of Gregory the Great and the Less that none take a wife from his own kin or that of his deceased wife, or any he has as relation, within the seventh degree on either side.

7. That no one buy or sell sacred orders or church office which appertains to cure of souls ; for this crime was origin- ally condemned by the apostle Peter in the case of Simon Magus, afterwards forbidden under excommunication by the holy fathers.

8. That the bones of dead animals be not hung up any- where as though to avoid diseases of animals, and that sorcery, soothsaying, divination, or any such works of the Devil be practised by no one ', for all such things the sacred canons have forbidden, and those who practise them they have excommunicated by sentence given.

9. That by the Councils of Elvira and Toledo XI no bishop or abbot or any of the clergy should judge concern- ing a man to be put to death or to mutilation, nor favour with his authority those who so judge.

[Here follow the signatures of the two archbishops, twelve bishops, and twenty-one abbots, these last being preceded by the Archdeacon of Canterbury.]

XV.

LETTER OF WILLIAM THE CONQUEROR TO POPE GREGORY VII, a.d. 1076?

1076. The date of this letter is uncertain. Dr. Freeman says that it can-

. not be earlier than 1076, as it was only in 1073 that William's frequent absences from England began (iV. C. iv. 433).

[Tr. J. A. Giles' Patres Eccl.Angl. Lanfranc, i. 32, letter x.]

Your de- To Gregory, the most noble Shepherd of the Holy Church, mand for William, by the grace of God renowned king of the English, fuse as not ^^^ duke of the Normans, greeting with amity. Hubert, your

xvi] HISTORY OF THE ENGLISH CHURCH 57

legate, Holy Father, coming to me in your behalf, bade me 1076. to do fealty to you and your successors, and to think better donebymy

DrcdccGS" in the matter of the money which my predecessors were wont ^^^^

to send to the Roman Church : the one point I agreed to,

the other I did not agree to. I refused to do fealty, nor will

I, because neither have I promised it, nor do I find that

my predecessors did it to your predecessors. The money but the

for nearly three years, whilst I was in Gaul^ has been care- j^rmerlv

lessly collected ; but now that I am come back to my king- collected

dom, by God's mercy, what has been collected is sent by ^e\ent^

the aforesaid legate, and what remains shall be dispatched,

when opportunity serves, by the legate of Lanfranc our

faithful archbishop. Pray for us, and for the good estate of

our realm, for we have loved your predecessors and desire

to love you sincerely, and to hear you obediently before all

\_pr(B omnibus\.

XVI.

THE CONQUEROR'S MANDATE FOR DIVIDING THE CIVIL AND CHURCH COURTS.

The date is quite uncertain. The document is printed by Wilkins from a MS. belonging to the Dean and Chapter of St. Paul's, com- pared with one in the Lincoln Register (Remigius 9). The text in Thorpe, Ancient Laws and Institutes, i. 495, and Stubbs, 5. C. 85, agrees with Wilkins.

[Tr. Stubbs, S. C. 85.]

William, by the grace of God king of the English, to Necessity R. Bainard, and G. de Magneville, and Peter de Valoines, f°^ niend-

° ing the

and all my liege men of Essex, Hertfordshire and Middle- bishop's sex greeting. Know ye and all my liege men resident in ^^^^• England, that I have by my common council, and by the advice of the archbishops, bishops, abbots and chief men of my realm, determined that the episcopal laws be

58 DOCUMENTS ILLUSTRATIVE OF THE [xvi

mended as not having been kept properly nor according to

the decrees of the sacred canons throughout the realm of

Secular England, even to my own times. Accordingly I command

and eccle- ^j^^ charge you by royal authority that no bishop nor arch-

S13.StlC3.1

causes to deacon do hereafter hold pleas of episcopal laws in the

be sepa- Hundred, nor brinsr a cause to the iudsiment of secular rated. ' & j t?

men which concerns the rule of souls. But whoever shall

be impleaded by the episcopal laws for any cause or crime,

Ecclesias- let him come to the place which the bishop shall choose

tical causes ^^^^ name for this purpose, and there answer for his cause to be de- i f ^

cidedatthe or crime, and not according to the Hundred but according bishop's ^Q ^}^Q canons and episcopal laws, and let him do right to

discretion tr tr ■> o

according God and his bishop. But if any one, being lifted up with to Church pnde, refuse to come to the bishop's court, let him be sum- moned three several times, and if by this means, even. Contempt ^^ come not to obedience, let the authority and justice of to be penal, the king or sheriff be exerted ; and he who refuses to come to the bishop's judgment shall make good the bishop's law \emendabit legem episcopalefn\ for every summons. This Further ^00 I absolutely forbid that any sheriff^ reeve, or king's emphasis minister, or any other layman, do in any wise concern him- separation ^^^^ ^^^^ ^^ ^^^^ which belong to the bishop, or bring of causes another man to judgment save in the bishop's court. And ofpenalty, ^^^ judgment be nowhere undergone but in the bishop's see or in that place which the bishop appoints for this purpose.

XVII.

WILLIAM AND THE ROYAL SUPREMACY.

These three Canons are taken from Eadmer, HisU Nov. i. 6. There is nothing to guide us as to the exact date.

[Tr. Eadmer, Rolls Series, p. lo. Cf. Stubbs, S. C. 82,]

Eadmer says : ' Some of those novel points I will set down which he (William) appointed to be observed. . . .

xviii] HISTORY OF THE ENGLISH CHURCH 59

* I. He would not then allow any one settled in all his i. As to dominion to acknowledsre as apostolic the pontiff of the f cknow-

or i ledging

City of Rome, save at his own bidding, or by any means to the Pope, receive any letter from him if it had not first been shown to himself.

' 2. The primate also of his realm, I mean the Archbishop 2. pro- of Canterbury or Dorobernia, presiding over a general ^^"^'^' Council assembled of bishops, he did not permit to or- dain or forbid anything save what had first been ordained by himself as agreeable to his own will.

' 3. He would not suffer that any, even of his bishops, 3. excom- should be allowed to implead publicly, or excommunicate, ^f^baronT" or constrain by any penalty of ecclesiastical rigour, any of &c. his barons or ministers accused of incest, or adultery, or any capital crime, save by his command.'

XVIII. HENRY'S LETTER TO ANSELM, a. d. 1100.

Henry had been crowned during Anselm's absence. The letter 1100. which follows was written by the king to explain the reason for this. The document is often quoted in illustration of the archbishop's con- stitutional position at the time.

[Tr. Anselm's Letters, ed. Migne, tom. 159, iii. xli. Cf. Stubbs, S. C. 102.]

Henry, by the grace of God king of the English, to his Anselm is

most good spiritual father Anselm, bishop of Canterbury, requested

greeting and demonstration of all friendliness. Know, my once to

dearest father, that my brother King William is dead, and ^^^^ ,

counsel ; I, by God's will, having been elected by the clergy and people

of England, and already consecrated king — although owing

to your absence against my will — I, with all the people of

England, require you, as our father, that with all speed

you come to take care of me, your son, and the same

6o

DOCUMENTS ILLUSTRATIVE OF THE [xviii

1100,

and the hurried coronation is explain- ed as necessary.

Money is promised and the route pre- scribed.

people, the care of whose souls has been committed to you. My own self, indeed, and the people of the whole realm of England I commend to your counsel and theirs who with you ought to take counsel for me ; and I pray that it displease you not that I have received the royal blessing without you, from whom, had it been possible, I would have received it more willingly than from any other. But there was such necessity, because enemies wanted to rise against me and the people which I have to govern, and so my barons and this same people did not wish it to be deferred longer ; by reason of this, then, I received it from your representatives. Indeed, I would have sent to you from my person some by whom I might also have dispatched money to you, but owing to the death of my brother the whole world is so disturbed all round the realm of England that they would not have been in any wise able to reach you safely. I advise you then and enjoin you not to come through Normandy, but by Witsand, and I will have my barons at Dover to meet you, and money to convey you, and you will find, by God's help, means to pay off well anything you have borrowed. Hasten therefore, father, to come, lest our mother the Church of Canterbury, so long tempest-tossed and desolate, should any further, for your sake, experience the loss of souls. Witness, Girard, bishop, and William, bishop- elect of Winchester, and William Warelwast, and Earl Henry, and Robert FitzHaimon, and Haimon my steward, and others, as well my bishops as barons. Farewell.

xix] HISTORY OF THE ENGLISH CHURCH 6i

XIX.

CANONS OF THE COUNCIL AT WESTMINSTER,

A. D. 1102.

The following canons are given on the authority of Eadmer, Hist. 1102. Nov. iii. 67, &c., but there is some uncertainty as to Councils held in this year, and Eadmer evidently gives a summary.

[Tr. Eadmer, /. c, Rolls Series edition, p. 142,]

[The first canon concerned the practice of simony, for i. Simony, which certain members of the Council were deprived on the spot.]

2. Bishops are not to undertake the office [of judge] in 2. Bishops, secular pleas, and are to dress not as laymen, but as be- comes religious persons, and are always and everywhere to

have honest persons witnesses of their conversation.

3. That archdeaconries be not let to farm. 3- Arch-

ciG3.coriri€^s

4. That archdeacons be deacons. , ,

4. Arch-

5. That no archdeacon, priest, deacon, or canon marry or deacons.

retain a wife, and that any subdeacon who is not a canon, 5-8. Celi- having married after profession of chastity, be bound by the ^f^^ °^ *^^ same rule.

6. That a priest as long as he has illicit intercourse with a woman be not lawful nor celebrate mass, and if he do so that his mass be not heard.

7. That none be ordained to the subdiaconate, or beyond, without profession of chastity.

8. That sons of priests succeed not to their fathers' churches.

9. That no clerks at all be the agents or proctors of9-i3-Con- , 1.1 /-111 <^i^ct and

secular men, nor be judges of blood. dress of

10. That priests go not to drinking bouts nor drink to clerks, pegs^ [adpinnas].

' Cf. Bishop Stubbs, Mem. 0/ St. Dunstan, Rolls Scries, Pref. p. cviii.

62

DOCUMENTS ILLUSTRATIVE OF THE [xix

1102.

14-17.

Church property.

Tithes.

18-22. Monastic restric- tions.

23-30.

Various restric- tions.

26. Burial of parish- ioners.

11. That the apparel of priests be of one colour, and their shoes as ordered [ordinata].

12. That monks or clerks who have forsaken their order either return or be excommunicated.

13. That clerks have visible tonsures.

14. That tithes be only given to churches.

15. That churches and prebends be not bought.

16. That there be no new chapels without the bishop's consent.

17. That a church be not consecrated until things neces- sary for priest and church be provided.

18. That abbots do not make knights [77iiHtes\ and that they eat and sleep in the same house with their monks except when necessity prevents.

19. That monks impose no penance on any without leave of their abbot, and that abbots cannot give them permis- sion concerning this, save in the case of those over whom they have spiritual charge.

20. That monks be not godfathers, nor nuns god- mothers.

21. That monks hold no towns \vinas] at farm.

22. That monks accept no churches save through the bishops, and that when given to them they do not so deprive them of their rents, that the priests serving there be in lack of necessaries.

23. That plighted troth between man and woman, if given in secret and without witnesses, be considered void when denied by either party.

24. That those wearing hair be so shorn that part of their ears be visible and their eyes be not covered.

25. That relations up to the seventh degree be not married, nor if married cohabit any longer ; and if any one be aware of this incest and declare it not, let him know that he is a party to the same guilt.

26. That bodies of dead people be not carried outside

xx] HISTORY OF THE ENGLISH CHURCH 63

their parish for burial so that the priest of the parish lose 1102. his just due therefrom.

27. That none in presumptuous novelty without epis- 27. Re- copal authority show reverence for the bodies of dead r^^^"^^ people, or springs, or anything else, as we have discovered bodies, &c. it to be done.

28. That none henceforth presume to exercise that wicked 28. trade whereby men were heretofore wont to be sold in ^^^^y- England like brute beasts.

29. Those who commit sodomy, and those willingly 29. aiding them in this, were in this same synod condemned -^bomm-

° ' "^ . able

with strict anathema, until by penance and confession they crimes.

merit absolution. And as for a man detected in this crime,

it was ordained that, if a person of a religious order, he be

promoted to no higher rank, and be deposed from any he

has; but if a layman, that he be deprived of his lawful

condition in all the realm of England, and that none save a

bishop presume to grant absolution for this crime to those

who have not undertaken to live under vows.

30. It was also ordained that the aforesaid excommuni- cation be renewed throughout all England on every Lord's Day.

XX.

THE COMPROMISE OF INVESTITURES, A. D. 1107.

In the issue of the long controversy between Anselm and the king, 1107. on the question of Investiture, we are chiefly dependent on Eadmer, Htst. Nov. iv. 91, as quoted below. Matthew of Westminster, and other authorities, simply cite him.

[Tr. Johnson, compared with Eadmer, Rolls Series, 186 ; c/!WiIkins, i. 386.]

On the first of August an assembly of bishops, abbots, Prelimin-

and nobles of the realm was held at London in the king's ^r^ '^^scus-

sion at

64 DOCUMENTS ILLUSTRATIVE OF THE [xx

1107. palace. And for three successive days, in Anselm's absence, London in the matter was thoroughly discussed between king and absence ^ bishops concerning church investitures, some arguing for this that the king should perform them after the manner of his father and brother, not according to the injunction and obedience of the pope. For the pope in the sentence which had been then published, standing firm, had con- ceded homage, which Pope Urban had forbidden, as well as investiture, and in this way had won over the king about investiture, as may be gathered from the letter we have Eventual Quoted above. Afterwards, in the presence of Anselm and compro- a large concourse, the king agreed and ordained that hence- Anselm's forward no one should be invested with bishopric or abbacy absence ; in England by the giving of a pastoral staff or the ring, by kin<^ gives ^^^ ^^^§ °^ ^^Y ^ hand ; Anselm also agreeing that no up lay in- one elected to a prelacy should be deprived of consecration (2) Anselm ^^ ^^^ office undertaken on the ground of homage, which concedes he should make to the king. After this decision, by the no barlo^ advice of Anselm and the nobles of the realm, fathers consecra- were instituted by the king, without any investiture of pastoral staff or ring, to nearly all the churches of England which had been so long widowed of their shepherds.

tion.

XXI.

CANONS OF ANSELM AT LONDON, a.d. 1108.

1108. These canons are given in Eadmer, Hist. Nov. iv. 94, from whom

they appear to have been quoted by later writers. The Council was held at London, at Whitsuntide.

[Tr. Eadmer, Hist. Nov. iv. 94, Rolls Series, p. 193 ; cf. Wilkins, i. 387.]

Obligation I- It was ordained that priests, deacons, and subdeacons ofcelibacy. jiyg in chastity, and have no women in their houses, save

those very closely related to them, as the holy Nicene

Council defined.

xxi] HISTORY OF THE ENGLISH CHURCH 65

2. Those priests, deacons, and subdeacons, who after 1108.

the prohibition of the London Council have retained their Entire

women, or have married others, if they wish to celebrate ^'^o^^^e,

decreed, mass after this, shall put them away from themselves

entirely [facient alienas\ so that neither these enter their

houses, nor they theirs, nor yet knowingly meet in any

house ; nor are such women to live on any church territory.

3. If they must needs speak with them for any honest Further reason, let them speak with them outside the house with "^o^f^^^^^^ two lawful witnesses.

4. And if any of them have been accused of breaking Purgation

of ofl" ders.

this statute, by two or three lawful witnesses, or public °^ °^^"

report of the parishioners, he shall purge himself with six witnesses if a priest, four if a deacon, two if a subdeacon. And if this purgation fail he shall be adjudged a breaker of the sacred decree.

5. Let those priests who, despising God's altar and their Treatment holy orders, prefer to live with women, be deprived of office ^^ refusal, and benefice and put out of the choir, after being pro- nounced infamous.

6. And if in rebellion and contempt any leave not the woman and presume to celebrate mass, let him be excom- municated on the eighth day unless he refuse not satis- faction when demanded.

7. This same sentence comprehends all archdeacons and Extension canons as to leaving their women, and avoiding contact ^1^^^^"°^ with them, and the censure incurred if they shall transgress

the statutes.

8. All archdeacons shall swear that they will not take Penalty money to connive at the breach of this statute, nor will nj^ance. they suffer priests, whom they know to have women, to sing

mass or to have vicars. Deans shall act in like manner, and the archdeacon or dean refusing to swear this shall lose his archdeaconry or deanery.

9. But priests who choose to leave their women and serve f^^^^jj" g^

F

66

DOCUMENTS ILLUSTRATIVE OF THE [xxi

1108.

who re- turn.

Confisca- tion for further offence.

God and His holy altars, vacating their office for forty days, shall in the meantime have vicars, penance being enjoined them according to the bishop's discretion.

All movables belonging to priests, deacons, sub-

lO.

deacons^ or canons who fall henceforth, shall be forfeited to the bishops, as well as the concubines, with their effects, as adulteresses.

XXII.

1136.

The

Church to be free.

Simony prohibited.

Bishops' authority over eccle- siastical persons, &c., allowed.

Ancient church privileges and pro- perty recognized within limits.

SECOND CHARTER OF STEPHEN, a.d. 1136.

This charter was granted by Stephen at the first great Council of his reign. Its provisions are based upon a previous charter of Henry I.

[Tr. Statutes of the Realm, Charters of Liberties, p. 3. Cf. Stubbs, S. C. 120.]

I, Stephen, by the grace of God and the assent of the clergy and people elected king of the English, and con- secrated by William, archbishop of Canterbury and legate of the Holy Roman Church, and confirmed by Innocent, pontiff of the Holy Roman See, from regard and love to God, do grant holy Church to be free and confirm due reverence to her. I promise that I will not do nor allow any simony in the Church or in church affairs. I permit and confirm justice and power over ecclesiastical persons and all clerks and their effects, and the distribution of ecclesiastical goods to be in the hands of the bishops. Tht dignities of churches confirmed by their privileges, and their customs had of ancient continuance, I ordain and grant to remain inviolate. All the possessions and holdings of churches which they had on that day when William the king, my grandfather, was ahve and dead, I grant to them to be free and absolute without any appeal from claimants. But if the Church shall hereafter seek to regain

xxii] HISTORY OF THE ENGLISH CHURCH 67

any of the things held or possessed before the death of 1136. the same king which the Church has no longer, I reserve them for my indulgence and dispensation for restoration or for consideration. But I confirm whatever has been bestowed upon them since the death of this same king, by the liberality of kings or the gift of great men, by presenta- tion or acquisition, or by any exchange of the faithful. I promise that I will perform peace and justice in all Peace and things, and will maintain these for them as far as I can. J"^*^^? I reserve for myself the forests which William my grand- Forest father, and William my uncle established and had. All the regula- others which King Henry further added I give back and grant to the churches and the kingdom without molesta- tion. If any bishop or abbot or other ecclesiastical person Testament- shall, before his death, reasonably devise or intend to sidJ^^^^b' devise his goods, I grant it to remain firm. But if he bishops/ shall be overtaken by death let the same devise take place ^^' with the advice of the Church for the health of his soul. Moreover, whilst sees shall be without their proper pastors. Vacant these and all their possessions I will commit to the hand ^^^^* and custody of the clerks or good men of the same church, until a pastor be canonically appointed to succeed. I en- Prohibi- tirely abolish all exactions, and injuries^ and miskennings ^ '^°^ °^ ^^" [meschemngas] wrongly introduced, whether by sheriffs or &c by any other. I will observe, and command and ordain to be observed, the good laws and ancient and just customs in murders and pleas and other causes. All these things I grant and confirm saving my royal and just dignity. Witness : W. Archbishop of Canterbury, Hugh Archbishop Witnesses. of Rouen, and Henry Bishop of Winchester, and Roger Bishop of Salisbury, and A. Bishop of Lincoln, and Nigel Bishop of Ely, and Everard Bishop of Norwich, and Simon Bishop of Worcester, and Bernard Bishop of St. David's, and Owen Bishop of Evreux, Richard Bishop of Avranches, ^ Variation of plea made in court. F 2

68 DOCUMENTS ILLUSTRATIVE OF THE [xxii

1136, Robert Bishop of Hereford, John Bishop of Rochester, Athelwulf Bishop of Carhsle, and other lay signatories. At Oxford, in the year 1136 from the Lord's Incarnation, and the first of my reign.

XXIII.

THE CONSTITUTIONS OF CLARENDON, A.D. 1164.

1164. Bishop Stubbs says that the Latin original of the following transla-

tion of the constitutions is probably the exact form in which they were reported to the king and confirmed by the bishops and barons.

[Tr. Cotton. MS., Claudius B. 2, f. 26. Cf. Stubbs, S. C. 137.]

This defi- In the year 11 64 from our Lord's Incarnation, the fourth

mlnt^ofthe °^ ^^^ pontificate of Alexander, the tenth of Henry II,

customs, most illustrious king of the English, in the presence of

j.^'' ^^ the same king, was made this remembrance or acknow- dispute .

was drawn ledgment of a certain part of the customs, liberties, and up and dignities of his ancestors, that is of King Henry his grand- a final father, and of others, which ought to be observed and held in settlement ^j^g realm. And owing to strifes and dissensions which had

between °

the dis- taken place between the clergy and justices of the lord the

putmg \i\ns and the barons of the realm, in respect of customs parties. ° ' ^

and dignities of the realm, this recognition was made before

the archbishops and bishops and clergy, and the earls and

barons and nobles of the realm. And these same customs

recognized by the archbishops and bishops, and earls and

barons, and by those of high rank and age in the realm,

Thomas Archbishop of Canterbury, and Roger Archbishop

of York, and Gilbert Bishop of London, and Henry Bishop

of Winchester, and Nigel Bishop of Ely, and William

Bishop of Norwich, and Robert Bishop of Lincoln, and

Hilary Bishop of Chichester, and Jocelyn Bishop of Salis-

xxiii] HISTORY OF THE ENGLISH CHURCH 69

bury, and Richard Bishop of Chester^ and Bartholomew 116'4- Bishop of Exeter, and Robert Bishop of Hereford, and David Bishop of St. David's, and Roger elect of Worcester, conceded, and by word of mouth steadfastly promised on the word of truth, to the lord the king and his heirs, should be kept and observed in good faith and without evil intent, these being present : Robert Earl of Leicester, Reginald in the Earl of Cornwall, Conan Earl of Brittany, John Earl of Pf ^^^^^^'J^f^ Eu, Roger Earl of Clare, Earl Geoffrey de Mandeville, nobles and Hugh Earl of Chester, William Earl of Arundel, Earl °^^^^^' Patrick, William Earl of Ferrers, Richard de Luci, Reginald de St. Valery, Roger Bigot, Reginald de Warenne, Richer de Aquila, William de Braose, Richard de Camville, Nigel de Mowbray, Simon de Beauchamp, Humphry de Bohun, Matthew de Hereford, Walter de Mayenne, Manser Biset the steward, William Malet, William de Courcy, Robert de Dunstanville, Jocelin de Balliol, William de Lanvallei, William de Caisnet, Geoffrey de Vere, William de Hastings, Hugh de Moreville, Alan de Neville, Simon son of Peter, William Maudit the chamberlain, John Maudit, John Mar- shall, Peter de Mara, and many other magnates and nobles of the realm, as well clerical as lay.

Now of the acknowledged customs and dignities of the and the realm a certain part is contained in the present document, chapters of which part these are the chapters : — follow :

1. If controversy shall arise between laymen, or clergy i. Disputes and laymen, or clergy, regarding advowson and presentation ^^ ^° ^^' to churches, let it be treated or concluded in the court of and

the lord the king. presenta-

° tion.

2. Churches belonging to the fee of the lord the king 2. Restric- cannot be granted in perpetuity without his own assent and ^^°" ^^ '° grant. on king's

3. Clerks cited and accused of any matter shall, when ^^^- . summoned by the king's justice, come into his own court ment as to to answer there concerning what it shall seem to the king's accused

70 DOCUMENTS ILLUSTRATIVE OF THE [xxiii

1164. court should be answered there, and in the church court for what it shall seem should be answered there; yet so that the king's justice shall send into the court of holy Church to see in what way the matter is there treated. And if the clerk be convicted, or shall confess, the Church must not any longer protect him.

4. Leave 4. Archbishops, bishops, and persons of the realm are of absence j^qj. allowed to leave the kingdom without licence of the

to the °

clergy. lord the king ; and if they do leave, they shall, if the king

so please, give security that neither in going nor in staying,

nor in returning, will they seek the ill or damage of the lord

the king or realm.

5. Excom- 5- Excommunicate persons are not to give pledge for the municates. future, nor to take oath, but only to give security and

pledge of abiding by the Church's judgment that they may be absolved.

6. Con- 6. Laymen are not to be accused save by proper and cermng \Qg2l accusers and witnesses in the presence of the bishop, a!>-ainst SO that the archdeacon do not lose his right nor anything laymen. ^^^ ^^ j^-j^ thence. And if the accused be such that no one

wills or dares to accuse them, the sheriff, when requested by the bishop, shall cause twelve lawful men from the neigh- bourhood [de vicineto] or the town to swear before the bishop that they will show the truth in the matter accord- ing to their conscience.

7. The ex- 7. No one who holds of the king in chief, and none communi- ^f j^jg demesne officers are to be excommunicated, nor the

cation of

tenants in lands of any one of them to be put under an interdict

chief. unless first the lord the king, if he be in the country, or

his justiciar if he be outside the kingdom, be applied to,

in order that he may do right for him ; and so that what

shall appertain to the royal court be concluded there, and

that what shall belong to the church court be sent to the

same to be treated there.

8. The 8. In regard to appeals, if they shall occur, they must

xxiii] HISTORY OF THE ENGLISH CHURCH. 71

proceed from the archdeacon to the bishop, and from the 1164. bishop to the archbishop. And if the archbishop fail in direction showing justice, they must come at last to the lord the ° ^PP^^ ^ king, that by his command the dispute be concluded in the archbishop's court, so that it must not go further without the assent of the lord the king.

9. If a dispute shall arise between a clerk and a layman, 9. Disputes or between a layman and a clerk, in respect of any tenement j? '° ^Ij?

•^ J r y disposition

which the clerk wishes to bring to frank-almoign, but the of a layman to a lay fee, it shall be concluded by the considera- tenement, tion of the king's chief justice on the award of twelve lawful men, whether the tenement belong to frank-almoign or to lay fee, before the king's justiciar himself. And if the award be that it belongs to frank-almoign, it shall be pleaded in the church court, but if to the lay fee, unless both claim under the same bishop or baron, it shall be pleaded in the king's court. But if both appeal concerning this fee to the same bishop or baron, it shall be pleaded in his own court, so that for making the award he who was first seised, lose not his seisin until the matter be settled by the plea.

10. If any one of a city, or castle, or borough, or a 10 Spirit- demesne manor of the lord the king, be cited by arch- "^^ rova"'^^^ deacon or bishop for any offence for which he ought to tenants, answer them, and refuse to give satisfaction at their cita- tions, it is well lawful to place him under interdict ; but

he must not be excommunicated before the chief officer of the lord the king of that town be applied to, in order that he may adjudge him to come for satisfaction. And if the king's officer fail in this, he shall be at the king's mercy, and thereafter the bishop shall be able to restrain the accused by ecclesiastical justice.

11. Archbishops, bishops, and all persons of the realm cerning who hold of the king in chief, have their possessions from clerical the lord the king as barony, and are answerable therefor ^j^-^f

72

DOCUMENTS ILLUSTRATIVE OF THE [xxiii

1164.

12, The custody of vacant sees, &c.

13. Con- cerning restraint of justice.

14. The

goods of outlaws.

15. Pleas of debt.

16. Ordina- tion of villeins.

to the king's justices and ministers, and follow and do all royal rights and customs, and like all other barons, have to be present at the trials of the court of the lord the king with the barons until it comes to a judgment of loss of limb, or death.

12. When an archbishopric or bishopric is vacant, or any abbey or priory of the king's demesne, it must be m his own hand, and from it he shall receive all revenues and rents as demesne. And when they come to provide for the church, the lord the king must cite the chief persons of the church, and the election must take place in the chapel of the lord the king himself, with the assent of the lord the king, and the advice of the persons of the realm whom he shall have summoned to do this. And the person elected shall there do homage and fealty to the lord the king as to his liege lord for his life and limbs and earthly honour, saving his order, before he be con- secrated.

13. If any of the nobles of the realm forcibly prevent the archbishop or bishop or archdeacon from doing justice in regard of himself or his people, the lord the king must bring them to justice. And if perchance any one should deforce the lord the king, the archbishops and bishops and archdeacons must judge him, so that he gives satisfaction to the lord the king.

14. The goods of those who are under forfeit of the king, no church or cemetery is to detain against the king's justice, because they belong to the king himself, whether they be found inside churches or outside.

15. Pleas of debts due under pledge of faith or without pledge of faith are to be in the king's justice.

16. Sons of villeins \rusticoruni\ ought not to be ordained without the assent of the lord on whose land they are known to have been born.

Now the record of the aforesaid royal customs and

xxiv] HISTORY OF THE ENGLISH CHURCH 73

dignities was made by the said archbishops and bishops, 1164.

and earls and barons, and the nobles and elders of the Condu-

sion : Date realm, at Clarendon, on the fourth day before the Purification and refer-

of the Blessed Mary, ever Virgin, the lord Henry the king's ^"^^ *°

son, with his father the lord the king being present there, customs.

There are moreover many other great customs and dignities

of holy Mother Church and the lord the king and the

barons of the realm, which are not contained in this writing.

And let them be safe for holy Church and the lord the king

and his heirs and the barons of the realm, and be inviolably

observed.

XXIV.

ANSWER OF INNOCENT III CONCERNING THE INTERDICT, A.D. 1208.

The following document is a reply to the Bishops of London, Ely, 1208. and Worcester, as to the observance of the interdict. It is printed in Wilkins, i. 526.

[Tr. Cotton MS., Cleop. E. i. 147.]

Innocent the bishop \episcopus\ &c., to the Bishops of Answers London, Ely, and Worcester, greeting and apostolic bless- ^°"^^^"" ing. We reply to your inquiries, that whereas by reason of j. Baptis- the interdict new chrism cannot be consecrated on Maundy malchnsm. Thursday, old must be used in the baptism of infants, and, if necessity demand, oil must be mixed by hand of the bishop or else priest, with the chrism, that it fail not. And although ii. The the viaticum seem to be meet on the repentance of the ^^^ ^^"™* dying, yet, if it cannot be had, we who read it believe that the principle holds good in this case, ' believe and thou hast eaten,' when actual need, and not contempt of religion, ex- cludes the sacrament, and the actual need is expected soon iii. The to cease. Let neither gospel nor church hours be observed servkes.

74 DOCUMENTS ILLUSTRATIVE OF THE [xxiv

1208. in the accustomed place, nor any other, though the people iv. Pilgrim- assemble in the same. Let religious men, whose monasteries nfon *° people have been wont to visit for the sake of prayer, admit teries. pilgrims inside the church for prayer, not by the greater V. Dedica- door, but by a more secret place. Let church doors remain fesUvals ^^^^ ^^^^ ^^ ^^^ chief festival of the church, when the parishioners and others may be admitted for prayer into vi. Admin- the church with open doors. Let baptism be celebrated in of bantism ^^^ usual manner with old chrism and oil inside the church with shut doors, no lay person being admitted save the god- parents; and if need demand, new oil must be mixed, vii. Pen- Penance is to be inflicted as well on the whole as the sick ;

... '^ . . for in the midst of life we are in death. Those who have viii. Crimi- nals, confessed in a suit, or have been convicted of some crime,

are to be sent to the bishop or his penitentiary, and, if need ix. Priests' be, are to be forced to this by church censure. Priests may prayers. ^^^ their own hours and prayers in private. Priests may X. Sunday on Sunday bless water in the churchyard and sprinkle it ; functions. ^^^ ^^^ make and distribute the bread when blessed, and

announce feasts and fasts and preach a sermon to the xi. Church- people. A woman after childbirth may come to church, '"^* and perform her purification outside the church walls,

xii. Visita- Priests shall visit the sick, and hear confessions, and let si^k ^8c ^ them perform the commendation of souls in the accustomed

manner, but they shall not follow the corpses of the dead, xiii. Good because they will not have church burial. Priests shall, on Friday. ^j^^ ^^^ ^^ ^j^^ Passion, place the cross outside the church,

without ceremony, so that the parishioners may adore it

with the customary devotion.

xxv] HISTORY OF THE ENGLISH CHURCH 75

XXV.

JOHN'S SURRENDER OF THE KINGDOM TO THE POPE, A.D. 1213.

This took place at Dover, before Pandulf, the legate, May 15, 1213, 1213. and was renewed at London, before Nicholas, Bishop of Tusculum, on October 3, when the homage here promised was rendered.

[Tr. Cotton MS., Nero C. 2. See Stubbs, S. C 284.]

John, by the grace of God king of England, lord of The king's Ireland, duke of Normandy and Aquitaine, earl of Anjou, JJ^c^ can to all the faithful in Christ who shall inspect this present only be charter, greeting. We will it to be known by all of you by this by^'bsolute our charter, confirmed by our seal, that we, having offended surrender God and our mother the holy Church in many things, and being on that account known to need the Divine mercy, and unable to make any worthy offering for the performance of due satisfaction to God and the Church, unless we humble ourselves and our realms — we, willing to humble ourselves for Him who humbled Himself for us even to death, by the inspiration of the Holy Spirit's grace, under no compulsion of force or of fear, but of our good and free will, and by the common consent of our barons, offer and freely grant to God and His holy apostles Peter and Paul, and the holy of England Roman Church, our mother, and to our lord the Pope ^"^ ^^"^' Innocent and his catholic successors, the whole realm of pope Inno- England and the whole realm of Ireland with all their ^^^^> rights and appurtenances, for the remission of our sins and those of all our race, as well quick as dead ; and from now receiving back and holding these, as a feudal dependant, from God and the Roman Church, in the presence of the prudent man Pandulf, subdeacon and familiar of the lord receiving the pope, do and swear fealty for them to the aforesaid our ag^^feu^jjal lord the Pope Innocent and his catholic successors and the holding,

76 DOCUMENTS ILLUSTRATIVE OF THE [xxv

1213. Roman Church, according to the form written below, and will do liege homage to the same lord the Pope in his presence if we shall be able to be present before him ; binding our successors and heirs by our wife, for ever, that in like manner to the supreme pontiff for the time being, and to the Roman Church, they should pay fealty and acknowledge homage without contradiction. Moreover, in proof of this our perpetual obligation and grant, we will and and paying establish that from the proper and special revenues of our service of realms aforesaid, for all service and custom that we should looomarks render for ourselves, saving in all respects the penny of same- blessed Peter, the Roman Church receive looo marks sterling each year, to wit at the feast of St. Michael 500 marks, and at Easter 500 marks ; 700 to wit for the realm of England, and 300 for the realm of Ireland ; saving to us and our heirs, our rights, liberties, and royalties. All which, as aforesaid, we willing them to be perpetually ratified and confirmed, bind ourselves and our successors not to contra- confirming vene. And if we or any of our successors shall presume to petuity of attempt this, whoever he be, unless he come to amendment the trans- after due admonition, let him forfeit right to the kingdom, and let this charter of obligation and grant on our part remain in force for ever.

The Oath of Fealty.

Here fol- I, John, by the grace of God king of England and lord of oaSfof ^ Ireland, from this hour forward will be faithful to God and fealty to the blessed Peter and the Roman Church, and my lord and Ms ^ the Pope Innocent and his successors following in catholic successors, manner : I will not be party in deed, word, consent, or coun- sel, to their losing life or limb or being unjustly imprisoned. Their damage, if I am aware of it, I will prevent, and will have removed if I can ; or else, as soon as I can, I will signify it, or will tell such persons as I shall believe will tell them certainly. Any counsel they entrust to me, immediately or

xxvi] HISTORY OF THE ENGLISH CHURCH 77

by their messengers or their letter, I will keep secret, and 1213. will consciously disclose to no one to their damage. The patrimony of blessed Peter, and specially the realm of Eng- land and the realm of Ireland, I will aid to hold and defend against all men to my ability. So help me God and these holy gospels. Witness myself at the house of the Knights of with the the Temple near Dover, in the presence of the lord H. Arch- "j^^^^j^^^ bishop of Dublin ; the lord J. Bishop of Norwich ; G. Fitz- nesses. Peter, Earl of Essex, our justiciar; W. Earl of Salisbury, our brother ; W. Marshall, Earl of Pembroke ; R. Count of Boulogne ; W. Earl of Warenne ; S. Earl of Winchester ; W. Earl of Arundel ; W. Earl of Ferrers ; W. Brewer ; Peter, son of Herbert; Warren, son of Gerald. The 15th day of May in the 14th year of our reign.

XXVI.

JOHN'S ECCLESIASTICAL CHARTER, a. d. 1214.

The interdict was relaxed, June 29, 1214, and the damages of the 1214. Church assessed. The following charter was issued in November in order to detach the clergy, as it would seem, from the barons. It was reissued in January, 1215, and was confirmed by the Pope. See Stubbs, 5. C p. 288.

[Tr. Statutes of the Realm, Charters of Liberties, p. 5.]

John, by the grace of God king of England, lord of Agreement Ireland, duke of Normandy and Aquitaine, earl of Anjou, ^^^ to the archbishops, bishops, earls, barons, knights, bailiffs, between and to all who shall see or hear these letters, greeting, bishops, Since by the grace of God, of the mere and free will of both parties, there is full agreement concerning damages and losses in the time of the interdict, between us and our venerable fathers Stephen, archbishop of Canterbury, primate of all England, and cardinal of the Holy Roman Church

78

DOCUMENTS ILLUSTRATIVE OF THE [xxvi

1214.

the king concedes the free election of cathedral and con- ventual prelates,

reserving custody of vacant royal churches, and de- manding that per- mission be sought,

both to elect and for confir- mation :

and Bishops William of London, Eustace of Ely, Giles of Hereford, Joscelin of Bath and Glastonbury, and Hugh of Lincoln — we wish not only to make satisfaction to them, as far as in God we can, but also to make sound and beneficial provision for all the Church of England for ever ; and so whatsoever custom has been hitherto observed in the English Church, in our own times and those of our predecessors, and whatsoever right we have claimed for ourselves hitherto in the elections of any prelates, we have at their own petition, for the health of our soul and the souls of our predecessors and successors kings of Eng- land, freely of our mere and spontaneous will, with the common consent of our barons, granted and constituted, and by this our present charter have confirmed : that hence- forth in all and singular the churches and monasteries, cathedral and conventual, of all our kingdom of England, the elections of all prelates whatsoever, greater or less^ be free for ever, saving to ourselves and our heirs the custody of vacant churches and monasteries which belong to us. We promise also that we will neither hinder nor suffer nor procure to be hindered by our ministers that in all and singular the churches and monasteries mentioned, after the prelacies are vacant, the electors should, whenever they will, freely set a pastor over them, yet so that leave to elect be first asked of us and our heirs, which we will not deny nor defer. And if by chance, which God forbid, we should deny or defer, let the electors, none the less, proceed to make canonical election ; and likewise, after the election is concluded, let our assent be demanded, which in like manner we will not deny, unless we put forth some reason- able excuse and lawfully prove it, by reason of which we should not consent. Wherefore we will and firmly forbid that when churches or monasteries are vacant, any one in anything proceed or presume to proceed in opposition to this our charter. But if any do ever at any time proceed

xxvii] HISTORY OF THE ENGLISH CHURCH 79

in opposition to it, let him incur the curse of Almighty 1214. God and our own. These being witnesses : Peter, bishop ^11 action of Winchester, &c. (here follow twelve barons.) Given by tj-ary being the hand of Master Richard de Marisco, our chancellor, at repro-

bstcd

the New Temple in London, on the 21st day of November in the i6th year of our reign.

XXVII.

THE CHURCH CLAUSES OF MAGNA CARTA,

A.D. 1215.

[Tr. Facsimile given in the Statutes of the Realm, of a contemporary 1215. copy in the custody of the Dean and Chapter of Lincoln. Cf. Stubbs, 5. C 296.]

John, by the grace of God king of England, lord of Address Ireland, duke of Normandy and Aquitaine, earl of Anjou, ^"^ P^i*' to his archbishops, bishops, abbots^ earls, barons, justiciars, charter, foresters, sheriffs, reeves, ministers, and all bailiffs and liege men, greeting. Know ye that we by God's inspiration and for the safety of our soul and those of our ancestors and heirs, for the honour of God and the exaltation of holy Church and the amending of our realm, by the advice of The king's our venerable fathers Stephen, archbishop of Canterbury, u^Jj^ ^^^ primate of all England, and cardinal of the Holy Roman clerical Church, Henry, archbishop of Dublin, William of London, ^^^^Jf^ ^1^^ Peter of Winchester, Joscelin of Bath and Glastonbury, up. Hugh of Lincoln, Walter of Worcester, William of Coventry, and Benedict of Rochester, of Master Pandulf, subdeacon and familiar of the lord the Pope, of Emeric our brother, Master of the Knights of the Temple in England ; and of the noble men, William Marshal Earl of Pembroke, William Earl of Salisbury, William Earl of Warenne, William Earl of Arundel, Alan of Galloway, constable of Scotland, Warren son of Gerald, Hubert de Burgh, steward of Poitou, Peter

8o DOCUMENTS ILLUSTRATIVE OF THE [xxvii

1215. FitzHerbert, Hugh Neville, Matthew FitzHerbert, Thomas

Basset, Alan Basset, Philip de Albiny, Robert de Roppelay,

John Marshal, John FitzHugh, and other our faithful

men : —

The liber- I. Have in the first place granted to God, and confirmed

Chf °^h^^f ^y ^^^^ ^^^ present charter, for us and our heirs for ever,

England that the Church of England be free, and have her rights

are con- intact, and her liberties uninjured ; and so we will it to

and parti- be observed, which appears from the fact that freedom of

cularly elections which is considered to be of chief moment and the

ireedom of

election more necessary for the Church of England, we have by our

already mere and spontaneous will, before the beginning of the

discord between us and our barons, granted and confirmed

by our charter, and have had it confirmed by the lord the

Pope Innocent III, which we will both observe and will

as also the that it be observed in good faith by our heirs for ever. We

general \i2i\Q also granted to all free men of our realm for us and

all free our heirs for ever, all the liberties mentioned below, to have

men as and to hold for them and their heirs of us and our heirs.

stated in

* [§§ 2-62 refer to secular matters. See Stubbs, S. C. pp. 297-305.]

Final con- 62,. Wherefore we will and firmly command that the

ofSr^^°" English Church be free, and that the men in our realm

liberties have and hold all the aforesaid liberties, rights, and grants,

aforesaid ^^jj ^^^ -^^ peace, freely and quietly, fully and wholly, to

themselves and their heirs of us and our heirs in all things

and places for ever, as is aforesaid. Moreover an oath has

been taken, as well on our side as on that of the barons,

by mutual that all these things aforesaid shall be observed with good

oath. i2,\th. and without evil disposition. The aforesaid and many

Date and others being witness. Given by our hand in the meadow

^ ^^^* which is called Runnymede between Windsor and Staines,

on the fifteenth day of June in the seventeenth year of

our reign.

xxviii] HISTORY OF THE ENGLISH CHURCH 8i

\In chronological sequence, the Acts of the Council of London, a.v>. 1237, should here follow. On account of their great length they are omitted froni. these pages, but will be found in Wilkins (i. pp. 649-6561. The Canons of Oitobon, a.d. 1268, omitted for a similar reason, will be found in Wilkins (ii. pp. 1-19).]

XXVIII.

THE MORTMAIN ACT OF 1279.

7 Edward I, stat. 2.

The following Mortmain Act became law in 1279, It is the first 1279. Act which deals with property given to ecclesiastical persons. It received addition or modification on various subsequent occasions, the most important being the Acts of 1391 ; 7 & 8 William III, cap. 37 ; 9 George II, cap. 36; and 5 George IV, cap. 103.

[Tr. Statutes of the Realm, i. 51.]

The king to his Justices of the Bench, greeting. Where Lately pro of late it was provided, that rehgious men should not enter Jeiigious^ into the fees of any without Hcence and will of the chief men should lords, of whom those fees be holden immediately ; and 1" nds with- notwithstanding, religious men have entered as well into outlicence their own fees, as into the fees of other men, appropriating and buying them, and sometimes receiving them of the gift of others, whereby the services that are due from such This pro- fees, and which at the beginning were provided for defence ^^^'j"j of the realm, are wrongfully withdrawn, and the chief lords lose their escheats of the same :

We thereupon, to the profit of our realm, intending to Ordained provide convenient remedy by the advice of our prelates, i^^^ shall earls, barons, and other our subjects, being of our council, be alien- have provided, established, and ordained, that no person, ^ ^^ . religious or other, whatsoever he be, presume to buy or sell upon pain any lands or tenements, or to receive them under the °gjj.°|^g colour of gift or lease, or any other title, whatsoever it

82 DOCUMENTS ILLUSTRATIVE OF THE [xxviii

1279. be, or by any other craft or device appropriate them to

himself, under pain of forfeiture of the same, whereby such

lands or tenements may in any wise come into mortmain.

Penalty for We have provided also, that if any person, religious or

evasion of other, do presume either by craft or device to offend ag^ainst

entry by an . * , •' , °

immediate this Statute, it shall be lawful to us and other chief lords chief lord ^f ^^^ fee immediate, to enter into the land so alienated,

on land so

alienated, within a year from the time of the alienation, and to hold it

in fee and inheritance. Who shall And if the chief lord immediate be negligent, and \\\\\ benefit of "^^ enter into such fee within the year, then it shall be the forfei- lawful to the next chief lord immediate of the same fee nSiWnt'^ ^° enter into the same land within half a year next follow- ing, and to hold it as is aforesaid ; and so every lord immediate may enter into such land, if the next lord be negligent in entering into the same fee, as is aforesaid. In ultimate And if all the chief lords of such fees, being of full age, e au 1 1 e ^yjj-j^ij-^ ^]^q fQ^j- seas, and not imprisoned, be negligent or slack in this behalf for one year, w^e, immediately after the year accomplished, from the time that such purchases, gifts, or appropriations happen to be made, shall take such lands and tenements into our hand, and shall infeoff others therein by certain services to be done to us for the defence of our realm ; saving to the chief lords of the same fees their wards and escheats, and other services therefor due and accustomed. Proclama- And therefore we command you, that you cause the afore- tion of the g^j^ statute to be read before you, and from henceforth

statute

ordered, to be kept firmly and observed. Witness the king at West- minster, the isth day of November, the 7th year of his reign.

xxix] HISTORY OF THE ENGLISH CHURCH 83

XXIX.

THE WRIT 'CIRCUMSPECTE AGATIS,' a.d. 1285.

The authorities for this writ are a Cotton and two Harleian MSS., 1285. Cott. Claud. D. ii. f. 249*^, Harl. 395 and 667. The Cotton MS. is endorsed Examinatur per rotulum. All three differ in points of detail. The following translation is made from the collated texts as printed in the Statutes of the Realm, i. loi, with some use of the various readings there given.

[Tr. Statutes of the Realm, i. loi.]

The king to such and such judges, greeting. See that The king's ye act circumspectly in the matter touching the Bishop shouMnot of Norwich and his clergy, in not punishing them if they affect shall hold pleas in the Court Christian concerning those spiritual things which are merely spiritual, to wit : — concerning cor- matters, rections which prelates inflict for deadly sin, to wit, for fornication, adultery, and such like, for which, sometimes corporal punishment is inflicted, and sometimes pecuniary, especially if a freeman be convicted of such things.

The foregoing is the writ, and, apparently, a distinct docu?nent from ivhat follows, which is a series of questions subffiitted to the king, with his ansivers thereto.

Also if a prelate impose a penalty for not enclosing Query— as a churchyard, leaving the church uncovered or without ^°^ arches proper ornament, in which cases no other than a pecuniary church- fine can be inflicted. ^^""^^ '

Also if a rector demand the greater or the lesser tithe, ^s to provided the fourth part of any church be not demanded, offerings ;

Also if a rector demand a mortuary in places where as to mor- a mortuary has been usually given. tuanes ;

Also if a prelate of any church demand a pension from ^f '° P^"'

sions; the rector as due to hmi : — all such demands are to be

made in the ecclesiastical court.

G 3

84 DOCUMENTS ILLUSTRATIVE OF THE [xxix

1285. Concerning laying violent hands on a clerk, and in case of

^? 5° ^ defamation, it has been granted formerly that pleas thereof violence to ' ° j f

a clerk, may be held in the Court Christian, provided money be not defama- demanded : but proceedings may be taken for correction of

tion, and . o /

breach of the sin; and likewise for breach of faith. In all these cases

faith. |.|^g ecclesiastical judge has to take cognizance, the king's

cases cog- prohibition notwithstanding, although it be put forward.

nizable in Wherefore laymen generally obtain a prohibition for tithes,

siastical " oblations, mortuaries, redemptions of penances, laying

court, and violent hands on a clerk or a lay-brother, and in case of

m-oh?bition defamation, in which cases proceedings are taken to exact

legal ? canonical punishment.

The king's The lord the king made answer to these articles, that No^ro-~ ^^ tithes, obventions, oblations, and mortuaries, when pro- hibition in ceedings are taken, as is aforesaid, there is no place for Shes°&c P'^ohibition. And if a clerk or religious person shall sell save in ^^^ money to any one his tithes stored in the barn, or being special elsewhere, and be impleaded in the Court Christian, the royal prohibition has place, for by reason of sales, spiritual things are temporal, and then tithes pass into chattels. Prohibi- Also if dispute arise concerning the right of tithes, having

tion hes in -^.g Qj-igin in the right of patronage, and the quantity of

C3SCS Ol

right to these tithes exceeds the fourth part of the church, the lithe in king's prohibition has place.

respect of *^ *^ ^

patronage Also if a prelate impose pecuniary penalty on any one

and pecu- for sin, and demand the money, the king's prohibition

penance ^^^ place, if the money is exacted before prelates.

but not in ^^^^ ^^ ^^y °^^ ^^^^^ ^^X violent hands on a clerk, amends

cases of must be made for a breach of the peace of the lord the

rderk^ ° ^i'^'^gj before the king, and for excommunication before the

bishop; and if corporal penalty be imposed which, if

the defendant will, he may redeem by giving money to

the prelate or person injured, neither in such cases is there

place for prohibition.

xxx] HISTORY OF THE ENGLISH CHURCH 85

In defamations of freemen let the prelates correct, the 1285.

king's prohibition notwithstanding, although it be tendered, or in de- ° ^ oj o famation,

XXX.

ECCLESIASTICAL SUMMONS TO PARLIAMENT,

A.D. 1295.

These, and other similar summonses, are translated from the Report 1295. on the Dignity of a Peer, App. I. pp. 64-67, See Stubbs, S. C. p. 484,

(1) Sunwions of the Archbishop to a great Coimcil.

Edward, &c., to the venerable Father in Christ, Robert, Weighty by the same grace archbishop of Canterbury, primate of ^"^^nds all England, greeting. Whereas, by reason of certain diffi- dispatch, cult affairs concerning us and our kingdom, and you and the other prelates of the same kingdom, which we do not desire should be dispatched without your and their presence, we wish to hold our Parliament and to hold conference do you be and discussion with you on these matters ; we command a^Pariiaf you, enjoining you strictly by the faith and love whereby ment to be you are bound to us, that you be with us at Westminster ^^^ on the first day of August next to come, or at all events within the third day following at the latest, to discuss with us concerning the said matters, and to give your advice. And this you shall in no wise omit. Witness ourself at the White Monastery, the 23rd day of June.

[Similar letters are directed to the Archbishop of York, the other bishops, and various ecclesiastical persons, heads of religious houses. These of course are in addition to similar letters to the earls, barons, and judges.]

(2) Suvimons of the Archbishop and Clergy to Parlia77ient. The king to the venerable Father in Christ, Robert, by Common

° ' ' •' danger

the same grace archbishop of Canterbury, primate of all requires

England, greeting. As law most righteous, established by co'"'"°"

86 DOCUMENTS ILLUSTRATIVE OF THE [xxx

1295. the prudent foresight of holy princes, enjoins and ordains

that what affects all should be approved by all, it is in such

wise, as is most clear, that common dangers may be met

and you by remedies taken in common. You are doubtless well

^^^"^ r aware, and it is now, we believe, spread abroad through

aware oi

the nefari- all the countries of the world, how that the King of France ousdesigns j^^g treacherously and surreptitiously deceived us in regard to our land of Gascony by wickedly withholding it from us. And now, not content with the treachery and wickedness aforesaid, he has, in order to attack our realm, collected a very large fleet and a numerous retinue of soldiers, with whom he has already invaded our kingdom and the in- habitants of the same, and proposes to blot out entirely from the earth the English tongue, if his power correspond to the abominable design of the sin he has conceived, are to re- which God avert ; because weapons foreseen do the less ^Ter?- injure, and your interest, as that of all other your fellow- presenta- citizens in the realm, is at stake herein, we command you

clS-^ ^^to^ ^y ^^^ ^^^^^ ^^^ ^°^'^ whereby you are bound to us, firmly

Westmin- enjoining, that on the Sunday next after the Feast of

^^^^' St. Martin in the winter next to come, you be present in

person at Westminster, forewarning \_prce??iumentes] the prior

and chapter of your church, the archdeacons, and all the

clergy of your diocese, causing that these same prior and

archdeacons, in their own persons, and the said chapter by

one, and the same clergy by two fit proctors, having full and

sufficient authority from the chapter and clergy themselves,

be present with you, by all means, then and there to discuss,

in order to ordain, and do with us and the other prelates and nobles

discuss and other inhabitants of our realm, in what manner we are these

matters. to meet such perils and evils devised. Witness the king at Wengham, the 30th day of September.

[Similar letters are directed mutatis mutandis to the Archbishop of York and the bishops ; also, omitting the clause forewarning, &c., to sixty-seven abbots and others.]

xxxi] HISTORY OF THE ENGLISH CHURCH 87

XXXI.

THE CLERICIS LAICOS BULL, a.d. 1296.

The following Bull was issued by Pope Boniface VIII in 1296, and 1296. published, so far as concerned England, by Archbishop Winchelsey, in January, 1297. Its object was to stop the carr3nng on of wars so largely at the expense of the clergy. As a consequence of it, the clergj', in 1297, refused to grant an aid to Edward I, who thereupon outlawed them, and seized the temporalities of the see of Canterbury. Eventually a compromise was made, Archbishop Winchelsey promis- ing to obtain monej' from the clergy if the king would confirm the charters of liberties, whilst the pope declared that his prohibition did not affect voluntary grants.

[Tr. Fcedera, i. p. 836.]

Boniface Bishop, servant of the servants of God, for the Lay people perpetual memory of the matter. That laymen have been having de- very hostile to clerks antiquity relates, which too the expe- taxes, &c., riences of the present times manifestly declare, whilst not ^1'°"^. ^<;^'^'

^ "^ siastical

content with their own bounds they strive for the forbidden persons, and loose the reins for things unlawful. Nor do they pru- dently consider how power over clerks or ecclesiastical persons or goods is forbidden them : they impose heavy burdens on the prelates of the churches and ecclesiastical persons regular and secular, and tax them, and impose col- lections : they exact and demand from the same the half, tithe, or twentieth, or any other portion or proportion of their revenues or goods; and in many ways they essay to bring them under slavery, and subject them to their autho- rity. And, as we sadly relate, some prelates of the churches and their and ecclesiastical persons, alarmed where there should be ^^^^"<^s

^ ' having

no alarm, seeking transient peace, fearing more to offend been often the temporal majesty than the eternal, acquiesce in such f^°^^'^^ abuses, not so much rashly as improvidently, authority or fear, licence of the Apostolic See not having been obtained. We therefore desirous of preventing such wicked actions, do, with apostolic authority decree, with the advice of our

88 DOCUMENTS ILLUSTRATIVE OF THE [xxxi

1296. brethren, that whatsoever prelates and ecclesiastical persons,

any eccle- relipfious or secular, of whatsoever orders, condition or

siastics °

who shall standing, shall pay or promise or agree to pay to lay per-

hereafter g^j-^g collections or taxes for the tithe, twentieth, or hun-

pay or

allow such dredth of their own rents, or goods, or those of the churches,

demands, qj. g^j^y other portion, proportion, or quantity of the same

rents, or goods, at their own estimate or value, under the

name of aid, loan, relief, subsidy, or gift, or by any other

title, manner, or pretext demanded, without the authority of

the same see.

and any And also whatsoever emperors, kings, or princes, dukes,

people of earls, or barons, powers, captains, or officials, or rectors,

who exact by whatsoever names they are reputed, of cities, castles,

the same, qj. ^ny places whatsoever, wheresoever situate, and all others

whatever ^ , , . i i n •

rank they of whatsoever rank, pre-emmence or state, who shall impose, hold, exact, or receive the things aforesaid, or arrest, seize, or

presume to occupy things anywhere deposited in holy buildings, or to command them to be arrested, seized, or and any Occupied, or receive them when occupied, seized, or arrested, who aid or ^j^^j ^Iso all who knowingly give aid, counsel, or favour,

favoursuch , , . ,,. ^ .,, ,.

demands openly or secretly, m the thmgs aforesaid, by this same are all should incur sentence of excommunication. Universities,

hereby ex-

communi- too, which may have been to blame in these matters, we cated. subject to ecclesiastical interdict.

All acqui- The prelates and ecclesiastical persons above mentioned ^he^Dart of ^^ Strictly command, in virtue of their obedience, and ecclesias- under pain of deposition, that they in no wise acquiesce in vofvrex-"' ^^^^ things without express licence of the said see, and communi- that they pay nothing under pretext of any obligation, pro- cation, mise, and acknowledgment whatsoever, made so far, or in progress heretofore, and before such constitution, prohibi- tion, or order come to their notice, and that the seculars aforesaid do not in any wise receive it, and if they do pay, or the aforesaid receive, let them fall under sentence of excommunication by the very deed.

xxxii] HISTORY OF THE ENGLISH CHURCH 89

Moreover, let no one be absolved from the aforesaid 1296. sentences of excommunications and interdict, save at the ^"^^ ^^""

1 • • 1 1- tence is

moment of death, without authority and special licence of not to be

the Apostolic See^ inasmuch as it is part of our intention that "utigated

1 -111 r 1 111 • S2CVC at

such a terrible abuse of secular powers should not in any- death or by wise pass under dissimulation, any privileges whatsoever special li- notwithstanding, in whatsoever tenors, forms or modes, or the abuse arrangement of words, conceded to emperors, kings and the "^^y ^^ others aforesaid ; against which premises aforesaid we will that aid be given by no one, and by no persons in any respect

Let it then be lawful to none at all to infringe this page No one is of our constitution, prohibition, or order, or to gainsay it by Jo/"^""'"?^ any rash attempt ; and if any one presume to attempt this, stitution. let him know that he will incur the indignation of Almighty God, and of his blessed apostles Peter and Paul.

Given at Rome in St. Peter's on the 24th of February in the second year of our Pontificate.

XXXII.

THE BARONS' LETTER TO THE POPE FROM LINCOLN, A.D. 130L

Pope Boniface VIII, in a Bull dated June 27, 1299, claimed Scot- 1301. land as a fief of Rome, forbidding Edward to molest the Scots. The king acknowledged its receipt, and reaffirmed the principle that such a demand must be laid before Parliament. This was done at Lincoln, in 1301, and the