UC-NRLF $B 2^5 flSli lV4W^* <**■%< Wi^t* 4 tit ". m^ :^i^k^:^^^: ^^^^^^:g^^^^ niDersit^ of d^ 4 4(S^alifornia * ^lli Jsf ANCIENT FACTS AND FICTIONS CONCERNING CHURCHES AND TITHES ANCIENT FACTS AND FICTIONS CONCERNING CHURCHES AND TITHES BY ROUNDELL, EARL OF SELBORNE /I AUTHOR OF 'A DEFENCE OF THE CHURCH OF ENGLAND AGAINST DISESTABLISHMENT' SECOND EDITION WITH A SUPPLEMENT CONTAINING REMARKS ON A RECENT HISTORY OF TITHES n Hontion MACMILLAN AND CO. AND NEW YORK 1892 A II 7-ighfs reso-vcd ^Y77/ SPRECKas Fz'rst edition printed 1888. Second edition 1892. TO MY VERY DEAR BROTHER EDWIN PALMER, D. D. ARCHDEACON OF OXFORD AND CANON OF CHRIST CHURCH THIS BOOK IS AFFECTIONATELY INSCRIBED I 04485 Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/ancientfactsfictOOselbrich PREFACE My purpose is to examine, in the following pages, more fully and critically than was possible in a former work,^ some historical questions, which, although they have not any real bearing upon controversies of the present day, are some- times represented as if they had, in a way which makes it desirable that the facts concerning them should be understood. In my former work I preferred, whenever it was possible, to support my statements on those subjects by the authority of other writers, particularly Selden; whose views I regarded as generally, though not on every point, accurate. We have now the benefit of many great collec- tions, made since Selden's time, of ecclesiastical and histori- cal documents ; and manuscripts, with which he was not acquainted, have been published or brought to light. The advantages which we so possess leave room for something to be added to his researches, sometimes by way of ^ Defence of the Church of England against Dtsestablishmettt (Mac- millan, 3rd ed. 1887). Vlll PREFACE verification or illustration, sometimes by way of correction and supplement. The period of time which the present work is intended to illustrate is that which preceded the Norman Conquest of England. It is divided into two parts; the first relating to Continental Churches, a knowledge of whose laws and customs (though different from our own) may frequently throw useful light upon those of this country ; the second, to the Anglo-Saxon Church. In the second part some space has been necessarily devoted to the criticism of ancient documents \ which (although I am sensible that it may make a considerable demand upon the patience of my readers) was indispensable for the purpose which I had in view. The work, in its general conception, may perhaps be best described as an attempt to trace the course of those developments of early ecclesiastical institutions, which re- sulted in the formation of the modern parochial system, and its general endowment with tithes. In the preparation of the materials for this work, I have received ready and courteous assistance (for which I desire to return my grateful acknowledgments) from the principal librarian, and keeper of the manuscripts, of the British Museum, and their Assistants ; and also from the authori- ties of the Bodleian Library, particularly Falconer Madan, Esq. And to the Rev. S. S. Lewis, Fellow and Librarian of Corpus Christi College, Cambridge, and the Master and PREFACE IX Other members of that learned Society, I owe thanks, not only for the facilities given to me while consulting some of the manuscript treasures of their library, but for the more than ordinary personal kindness with which those facilities were accompanied. Nor can I be silent as to my obliga- tions to my brother, the Archdeacon of Oxford (to whom this volume is inscribed), for most valuable help received from him in many ways. December 1887. I have been enabled in the present Edition (besides some other new matter) to carry forward, beyond the point which it had reached in the First Edition, my investigation of some of those ancient documents mentioned in the fore- going Preface; particularly the Exeter Penitential, No. 718, in the Bodleian Library,^ and Bishop Leofric's Rule for Secular Canons (No. 12 of Wanley and 191 of Nasmith), in the Library of Corpus Christi College, Cambridge.^ As to the former, I had the opportunity, when at Rome in January 1888, of collating with it two manuscripts in the Vatican Library, which had been erroneously supposed to ^ Post, pp. 229, 230, 235-241, and Appendix C. 2 Post, pp. 263-268. PREFACE be copies of it, but from both of which all that was material to my subject in the Bodleian manuscript is absent. The latter I have now traced to its source, in the Galilean Rule for Canons, enlarged, after the Council held at Aix-la-Chapelle in A.D. 8 1 6, from that given by Chrodegang in King Pippin's time to three churches at Metz. CONTENTS INTRODUCTION, pages 1-20 Church and State on the Continent of Europe under the Frank Kingdom and Empire, i, 2, Legislation, 3, 4. Judicature, 4, 5. Faith and Ritual, 5, 6. Church Appointments, 6, 7. The Papacy, 8. Roman Canon Law, Dionysius Exiguus, 9. Ansegisus, 10. Benedict the Levite, 10, 11. Ingilram, 11- 13. Isidore ' Mercator,' 13-18. Letter of Clement to St. James, 14, 15. Donation of Constantine, 15-18. Regino, Burchard, and Ivo, 18, 19. Q.X2X\2Xi^ Decreium^ 19, 20. Later Roman Canon Law, 20. PART I.— CONTINENTAL CHAPTER I CHURCH REVENUES AND RULES OF DISTRIBUTION, pages 23-45 Patrimony of the Poor, 23, 24. Episcopal Authority, 24-26. Local , Customs, 26, 27. Roman rule of Quadripartite Division, 27, 28. Apportionment not numerically equal, 29. Quadripartite Division beyond Italy, 29-32. Tripartite Division, 32-37. Capitulare Episcoporum, 37-45. CHAPTER II CONTINENTAL LAWS AS TO TITHES, pageS 46-68 Before Charlemagne, 46-49. Legislation of Charlemagne and his Successors, 50, 51. Witnesses and Compulsion, 51-54. Ancient Baptismal Churches, and their Rights, 54-63. Irregular Appro- priations of Tithes, 63-68. Xll CONTENTS CHAPTER III PRACTICAL WORKING OF THE CUSTOMS OF APPORTIONMENT, pages 69-80 Bishop's Share, 69. Share of Clergy, 70, 71. Fabric Fund, 71-74. Poor's Fund, 74, 75. Houses of Reception, 75-77. ' Matricu- larii,' 77-79. Participation of the Monastic Orders, 79, 80. CHAPTER IV TRANSITION TO THE PAROCHIAL SYSTEM, pagCS 81-96 Private Oratories, 81-84. Ordinances of Louis the Pious, 84-86. Their results, 87, 88. Subdivision of Rural Parishes, 88, 89. Parochial Revenues not apportioned, 90, 91. Modern Roman Canon Law, 91, 92. Presumption as to Parochial Tithes in the twelfth century, 93. Van Espen as to Parochial Benefices, 93-95. French Jurisprudence on the same subject, 95, 96. PART II.— ANGLO-SAXON CHAPTER I FIRST PERIOD FROM AUGUSTIN TO THE DEATH OF ARCHBISHOP THEODORE, pages 9 9- 1 23 Preliminary, 99. Original British Church, 100-102. Gregory the Great, as to Church Revenues in England, 102-105. Archbishop Theodore as to Tithes, 106, 107. Bede, 107, 108. Pope Gregory's Instructions as to Diocesan Organisation, 108, 109. Progress of Diocesan Organisation under Aixhbishop Ilonorius, 109, 1 10 ; under Theodore, 110-112. Parochial system not introduced by Honorius, Ii2-ir6; nor by Theodore, 1 16-123. CONTENTS xiii CHAPTER II SECOND PERIOD BEDE, BONIFACE, ARCHBISHOPS CUTHBERT AND EGBERT; KINGS INA, WIHTRAED, OFFA, pages I24-143. Introductory, 124- 1 26. Monastic Baptismal Churches, 126, 127. Secular Laws of King Ina, 127, 'Privilege' of King Wihtraed, 127, 128. Letters of Boniface, 128, 129. Bede's Letter to Archbishop Egbert, 129-133. Archbishop Cuthbert's Canons, 133-136. Epis- copal Power as to Revenues, 137, 138. Fictions as to Grant of Tithes by OfFa, King of Mercia, 138-143. CHAPTER III SECOND PERIOD LEGATINE INJUNCTIONS OF CHALCHYTH, A.D. 785-787, pages 144-168 Legatine Injunction as to Tithes, 144, 145. Causes of the Legatine Mission, 146-152. Character of the Legatine Injunctions, 152-155. The Legates' Report: known from the Magdeburg 'Centuries,' 153, 154 ; confirmed by Archbishop Odo's Injunctions in the tenth century, 154, 155. The Legates' Narrative, 155-158. Character and Constitution of the Legatine Synods, 159. Internal Evidence, 160-167. Their Relation to the Constitutions of Archbishop Cuthbert's Council (a.d. 747), 168, CHAPTER IV THIRD PERIOD FROM OFFA TO EDMUND RETROGRESSION AND DECAY, pagCS 1 69- 1 85 Ravages of the Danes, 169-171. Consequent Diocesan Changes, 171. General Decay of Learning, 172. Other Causes of Decay, 172, 173. Effect on the older Church Organisation, 173. Archbishop Wulfred's Canons, 174-177. Opinions of Selden and Lingard as to Parishes in the ninth century, 177, 178. Pope Leo the Fourth's Decretals, 179. Treaty between Edward the Elder and Guthrum, 179-183. King Athelstan's Tithe Ordinance, 183-185. XIV x(:0N7'ENTS CHAPTER V THIRD PERIOD KING ETHELWULF's CHARTERS, pages 186-206 History of the opinion that King Ethelwulf made a Grant of Tithes, 186,187. Traditions of Chroniclers, 187-192. Selden's Interpret- ation, 192-195. Extant Charters, 195-206. Enfranchisement of Foldand their real object, 196-198. First General Charter of A.D. 844, 199-204. Second General Charter of a.d. 854, 204, 205. Conclusions of recent Critics, 205, 206. CHAPTER VI FOURTH PERIOD PRIMACIES OF ODO AND DUNSTAN, pages 207-226 New Relations between England and the Continent, 207, 208. Arch- bishop Odo, 208. The Reforming Triumvirate, 208, 209. Oswald, Bishop of Worcester, and his Foreign Associates, 209-211. Ethel- wold, Bishop of Winchester, 211, 212. Dunstan, Archbishop of Canterbury, 212. Council of Winchester and Regtdaris Concordia, 213-216. Dunstan's Canons, enacted under King Edgar, 216-218. King Edmund's Laws, 218, 219. Edgar's Laws, 219-221. Effects of Edgar's Tithe Legislation, 222-226. CHAPTER VII FOURTH PERIOD ECCLESIASTICAL LITERATURE : THE EGBERTINE COMPILATIONS, pageS 227-246 Introductory, 227-230. Worcester ' Excerptions ' in the Library of Corpus Christi College, Cambridge, 230-234. Exeter * Penitential ' in the Bodleian Library, 235-241. Fragment, copied from Exeter 'Penitential,' in National Library at Paris, 229, 236. Worcester 'Excerptions' in Cottonian Collection, 241-246. CONTENTS XV CHAPTER VIII FOURTH PERIOD — AELFRIC AND OTHER WRITERS OF THE GALLICAN SCHOOL, pagCS 247-2 70 Canterbury Statuta Synodoriim (now lost), 247-249. Aelfric 'the Grammarian,' 249-254. Aelfric's 'Canons,' 255-262. Gloss on Dunstan's Canons, 263, 264. Bishop Leofric's Rule for his Chapter at Exeter (falsely attributed to Theodore), 264, 265. Its Contents and History, 266-270, CHAPTER IX FOURTH PERIOD — LEGISLATION OF ETHELRED AND CANUTE, pages 271-293 Ancient Latin Translations of Anglo-Saxon Laws, 271, 272. Ordinances of Habam, 272, 273. Council of Enham, and Ordinance of A.D. 1008, 273-278. Ethelred's supposed Law for Partition of Tithes, 278-287. Canute's Laws, 287-293. CHAPTER X FOURTH PERIOD — FINAL SETTLEMENT OF THE PAROCHIAL SYSTEM, pages 294-316 Summary of Laws as to Tithes, down to Canute, 294, 295. Course of Transition to modern Parishes, 295-298. Canute's Letter from Rome, 298, 299. 'Ecclesiastical Institutes,' 299, 300. Laws of Edward the Confessor, 300-304. Laws of William the Conqueror, 304-306. Laws ascribed to Henry I., 306, 307. Endowments of Parish Churches with Tithes, 307-316. XVI CONTENTS APPENDICES Appendix A. — Capitulare Episcoponim {KvL^-xva and Metz Texts, and those of the Bodleian and the two Worcester manuscripts of 'Egbertine' Compilations, collated), 317-323. Appendix B. — Comparison of corresponding passages in Archbishop Odo's Injunctions and the Legatine Injunctions of a.d. 785-787, 324-326. Appendix C. — Comparison of the Exeter * Penitential ' Volume in the Bodleian Library, No. 718, with the Vatican (Palatine) Manuscript, No. 1352, 327-331. Appendix D. — Comparison of the 'Excerptions' of Canons, etc., in the Worcester Manuscript belonging to Corpus Christi College, Cambridge (No. 265 of Nasmith), with those in the Cottonian Manuscript (Nero A. i), 332, 333. Appendix E. — Comparison of Church-Grith (the document containing the supposed law of Ethelred as to a partition of tithes) with the corresponding provisions of Canute's Laws, 334-346. Appendix F. — Letter of Pope Leo IX. to King Edward the Confessor, urging the removal of the See of Crediton, and its bishop, Leofric, to Exeter, 347. Appendix G. — Clauses in the Exeter Rule of Life for Canons, relating to meals and the dormitory, 348-350. Appendix H. — Consecration Charters of Churches endowed by their Founders at the time of consecration with tithes, 351-352. Appendix I.— Ancient grants of, or compositions as to, tithes, 353-357^ Appendix J.— Bishop Kennett and Selden, 358-361. SUPPLEMENT Remarks on a Recent ' History of Tithes,' 364-402. INTRODUCTION As I shall have frequent occasion to refer to the civil legislation of the Frank kingdom and empire concerning ecclesiastical affairs, and to the Roman Canon Law, some preliminary observations on the relations of the Ecclesi- astical to the Civil Power down to the end of the tenth century, and upon the gradual development of Roman Canon Law, may be desirable. § I. Church and State. It is unnecessary to inquire whether the patriarchal authority of the Popes in Western Christendom, and the precedence conceded to the See of Rome even in the East, arose out of the tradition which represented the Apostles St. Peter and St. Paul as the original founders of that See, or from the dignity of Rome as the capital of the ancient world. The tradition was certainly ancient ; but it is at least as certain that the local distribution of the power of government in the early Church was determined, generally, by the existing civil organisation. Even in the work of the false Isidore, St Peter ^ is made to instruct his successor, ^ Decretales Pseudo-Isidoriana^ etc. (Hinschius, Leipsic 1863, p. 39), % B INTRODUCTION Clement, to place patriarchs and primates of the highest rank and authority in those cities where the heathens had their * Flamens ' and judges of the first order ; and arch- bishops of subordinate rank in smaller cities, where there had been * Arch-Flamens ' of lower degree than the highest. Anacletus (next but one in succession to Clement) and Lucius, nineteenth after Anacletus, are also represented, in supposed decretals (embodied as to this point in Gratian's Code)^ as re-asserting the same principle. Whatever may have been the cause, the fact is indisputable, that some pre-eminence belonged to the See of Rome ; and also, that the authority which accompanied it was less in the Eastern and other Churches which had not, directly or indirectly, derived their Christianity from Rome, than in those nations and races which had. The influence of the Popes varied with their circumstances and opportunities, and with their personal qualities. On theological questions the influence of a great Pope, such as Leo I., was often very great. But in other respects, and especially during the centuries of decay which preceded the extinction of the Roman Empire in the west, — during the wars and ravages, in Italy and elsewhere, of Goths, Huns, Vandals, Lombards, and Franks, — the Primacy of the Roman See was, for a long time, honorary rather than practical. Its main symbol was the * Pall,' ^ which it was usual for the Pope to confer upon archbishops or metro- politans, and without which the dignity of those offices was not deemed complete. Even of Gregory the Great it is said by Gibbon,^ that 'his ecclesiastical jurisdiction was ^ Decretumy pars i., dist. 80, cap. i; and 99, cap i. ^ See, as to the pallium^ Decrelum, pars i., dist. 100. The cita- tion in cap. I from Pelagius is not of that Pope's time. ' Decline and Fall, ch. 45 (vol. v. p. 479; ed. 1828). INTRODUCTION confined to the triple character of Bishop of Rome, Primate of Italy, and Apostle of the West.* Both in the Frank kingdom and empire, from the con- version of Clovis (a.d. 496), and in the Gothic kingdom of Spain (a.d. 506-711), the civil power interfered in ecclesi- astical aifairs. It will be sufficient to advert to the manner in which it did so in the greater of those States, the Frank kingdom and empire. I. As to Legislation. — Even under the Merovingian dynasty it was not held lawful to convene ecclesiastical synods without the royal permission. Sigebert 11.,^ a prince of high reputation for sanctity (about a.d. 650), forbade this. Kings and emperors often called together ecclesiastical councils ;2 of which those of the year a.d. 813,^ and the imperial ordinance ^ confirming twenty-eight of their constitutions, may be taken as examples. Their confirmation was necessary^ to give force to canons passed by any such synod. They also, in mixed councils of laymen and ecclesiastics (held in the manner usual for the enactment of secular laws), legislated directly for the Church, on disciplinary and other questions. A striking instance is found in the capitulars of a.d. 789,^ derived in great measure from the Code of Oriental Canons ^ which Charlemagne had six years before (a.d. 773) received at Rome from the hand of Pope Adrian I. Those capit- 1 Baluze, Capit.^ vol. i. p. 143. 2 Francis de Roye {apud Mansi, Concil., vol. xvii. p. 938). 3 Aries vi., Tours iii., Chalons, Rheims, Mentz (Mansi, ConciL, vol. xiv.) ^ Baluze, Capit., vol. i. p. 503. (The synods are described in the title as * Auctoritate Regia nuper habitis.') ^ Baluze, Preface {Captt., vol. i. pp. 8, 9). ^ Baluze, Capit.^ vol. i. p. 209. "^ Mansi, ConciL^ vol. xii. p. 859. INTRODUCTION ulars, enacted in the name of and with a preface from Charlemagne himself, are a series of purely ecclesiastical constitutions, extending over important points of doctrine as well as discipline. Some of them were addressed to bishops; some to priests; some to *all the clergy;' some to ' clerks and monks ; ' some to * all men.' Such legislation as this was not, in the ninth century, regarded as an encroachment by the secular upon the spiritual power. Gratian, in a * Distinction,' ^ in which he insists upon the principle that secular are subordinate to ecclesiastical constitutions, quotes a letter of Pope Leo IV. to the Emperor Lothair (written about a.d. 847), in which that Pope engaged to observe inviolate and for ever the imperial capitulars and ordinances of Lothair and his pre- decessors. * If, perchance ' (he added), * any one may have told or shall tell you otherwise, be " assured that he speaks falsely." ' 2. As to Judicature. — Charlemagne, by one of his Lom- bard laws,^ exempted abbots, priests, deacons, subdeacons, and clerks generally, from secular jurisdiction, referring the decision of causes concerning them to the bishops. That privilege, however, was not without exceptions. Royal Com- missioners (Missi Dominict) took cognisance of criminal offences ^ against the general public law, though committed by clerks. And the course as to questions of property, private or ecclesiastical, in which the clergy were concerned, was this : * the civil judge, before whom a claim was made to any such property, sent the claimant to the bishop with ^ Dist. 10. Some of these capitulars (so described) are embodied in the Decretum. * Leg. Longob., lib. iii., tit. i., cap. il. ' De Roye, De Missis Dominicis {apud Mansi, vol. xvii. p. 926). * Ibid., pp. 915, 916. INTRODUCTION 5 a civil ' advocate,' whose duty it was to see justice done. If the parties still failed to arrive at a settlement, the cause was then remitted to the Count, or civil judge, before whom the bishop, in his turn, was represented by an advocate of his choice, and the matter was determined according to law. It was not till a later period, after the publication of Ingilram's canons and the false decretals, that the supreme judicial authority of the Pope was acknowledged. 3. As to Faith and Ritual. — When the Eastern Church, in the second Council of Nicaea, pronounced in favour of image -worship, Charlemagne took a decided part in opposing its decrees. The 'Caroline books,' ^ composed for that purpose by his order, and published in his name, were sent by him (a.d. 790) to Pope Adrian I. ; and, not- withstanding the support which that Pope gave to the Council, he communicated them (a.d. 792) to the Anglo- Saxon bishops,^ and afterwards (a.d. 794) procured from the Synod of Frankfort ^ an emphatic condemnation of that practice. In a.d. 788 he ordered a revision of the service-books used in the churches of his dominions to be made by Paul the Deacon, of Aquileia ; * and he * estab- 1 Moreri's Dictionnaire Historique^ etc., voce 'Carolins.' Gibbon, Decline and Fall ^ cap. 49 (vol. vi. p. 232, note; ed. 1828). 2 See Symeon of Durham (Savile's Hist, Angl. Script.^ p. 113, and Haddan and Stubbs, Councils^ etc., vol. iii. p. 469, note). Alcuin is supposed to have been the writer of the reply sent by the English bishops to the King, and he was probably the bearer of Charlemagne's communication. ^ Mansi, vol. xiii. p. 99. * Moreri, Paul^ diacre ; Baluze, Capit. , vol. i. pp. 204-206. Paul had been secretary to Desiderius, the last Lombard king. Charlemagne's letter, ordering the use of the book, was addressed religiosis lectoribus of his kingdom. INTRODUCTION lished ' ^ the use of a book,^ in two volumes, with lessons or ' homilies ' for readings throughout the year (which Paul had collected from the Fathers), in the churches of his kingdom. In the diocese of Li^ge, when Emperor, he interposed his authority to postpone the public baptism^ of certain candidates who were found insufficiently in- structed, and he appointed a special fast, and commanded the bishop to give notice of it in all the greater churches of his diocese.^ 4. As to Church Appointments. — The consent of civil rulers to the election of bishops was required ^ from early times. The twelfth Council of Toledo^ (a.d. 681) author- ised the consecration, by the Archbishop of Toledo, of such persons as the King might choose (being judged fit by the archbishop), to fill all vacant sees in any province of the Spanish or ' Gallician ' Church. The Frank Kings and Emperors appointed directly to vacant bishoprics and abbacies,'' until a law qualifying that power, by allowing the * clergy and people ' to elect bishops, by license from the * Quarum omnium iextum nostra sagacitate perpendentesj ttostra eadem volumina auctoritate constabilimusy vestraque religioni in Christi ecclesiis tradimus ad legendutn. 2 The book was printed at Spires, A.D. 1472, and extracts from it were reprinted by Mabillon, and in the ninth volume of Martene and Durand's Amplissima Collectio. 3 Martene and Durand, Ampl. Coll.^ vol. vii. p. 19. * Ibid.., p. 21. ^ See letter of Gregory the Great (a.d. 592), lib. ii., ep. 23 (St. Maur edition of Gregory's works) ; Decreium, pars i., dist. 63, cap. 9. * See Decret.j pars i., dist. 63, cap. 25. ' See petition, Cleri plebisque viduatce civitatis ad Regem (Baluze, Capit., vol. ii. p. 379) ; and Sirmondi's note, De antiquis Episco- porum promotionibusy in Mansi, Concil., vol. xvi., App., p. 879. The fifth Council of Paris (a.d. 615) had in vain declared for freedom of election (Mansi, vol, x. p. 539). INTRODUCTION sovereign, and subject to his approval of the person elected, was passed (a.d. 8i6) by Louis the Pious. ^ It may be inferred, from a later address of the second Council of Aix- la-Chapelle to the same Emperor ^ (a.d. 836), praying him to be vigilant in the appointment of good pastors and rulers to churches, that the substantial power remained with him. Popes of the ninth century, Leo IV.^ and Stephen V.,* recognised the necessity, in all cases, of the imperial license to elect, and the imperial consent to an election. Adrian I. (according to the history of Sigebert of Gembloux, composed A. D. 11 12, and quoted as authentic in Gratian's Decretum)^ conceded to Charlemagne (a.d. 774), in a synod held at Rome, and attended by 153 bishops, the investiture of all archbishops and bishops, in all provinces of his realm, forbidding their consecration until accepted and invested by the King, and threatening excommunica- tion and other severe penalties against all who should con- travene that decree. The same concession, under still heavier penalties, was renewed to the German Emperor, Otho L, by Leo VIIL,^ in a.d. 963 \ and the system of royal investiture, so sanctioned by Popes, continued to pre- vail until the time of Gregory VII. These concessions to the imperial power were accom- ^ Sirmondi's note, ubi supra (and see Baluze, Capit. , vol. i. p. 566). Ludovicus Pius is this emperor's Latin, and Louis le Debonnaire his French, designation. ^ Mansi, vol. xiv. p. 690 (art. 9). See the Forms of Petition and License, etc., in Baluze, Capit. ^ vol. ii. pp. 379, 509, 591, 594, 595, 601. A * Visitor,' appointed by the Crown, presided at these elections. ^ Decretum, pars i., dist. 63, cap. 16, 17. * Ibid.^ cap. i8. ^ Ibid., cap. 22 (and see Richter's note, Corp. Jur. Canon., Leipsic 1839, p. 207). See also on this point the Chronicle of John, Abbot of Peterborough, who places the grant m a.d. 772 {Chronicon Anglice, in Historic Anglicana Scriptores Veteres, London 1724, pp. 8, 9). ^ Decretum, ubi supi-a, cap. 23 (see Richter's note). INTRODUCTION panied by another, greater still. By the same synodical act of Adrian I.^ which gave Papal sanction to the royal investiture of archbishops and bishops, Charlemagne was constituted patron of the Holy See itself, with authority upon every vacancy to nominate the Pope. His son and grandson, Louis the Pious and Lothair, seem^ to have declined the exercise of that power, and to have restored the right of election to the Roman people. In the suc- ceeding century (a.d. 918-934, and again in a.d. 962) Henry the Fowler and Otho I. also successively ^ recognised the title to elect freely, and without interference, of * those Romans, to whom, by ancient custom and the appointment of the Holy P'ather, it belonged.' But to check the disorders which followed. Pope Stephen * (probably the fourth of that name), and Pope John IX.^ in a council held at Rome (a.d. 898), required the presence of Imperial legates for the validity of a Papal election. The Papacy, during the tenth and the earlier part of the eleventh century, reached its lowest point of degradation. In the next year (a.d. 963), after Otho I. had confirmed the liberty of election acknow- ledged by his father to belong to the Roman people, he was crowned Emperor by the Pope; and Leo VIII. synodically, and with the general assent of the clergy and people of Rome, renewed in his favour the same powers and privileges which Adrian I. had granted to Charlemagne. That synodical constitution finds (like Sigebert's narrative of the original grant) a place in Gratian's DecretumS' Until the death of Otho III. in a.d. 1002, the gravest disorders were of frequent recurrence at Papal elections, and the Popes continued to be practically dependent on the Emperors. * Decretum, nhi supra. 2 /^/^/.^ c^p. 30, 31. ^ Ibid., cap. 32 (see Richter's note). * Ibid., cap. 28. ^ Ibid.y Richter's note to cap. 28. * Ibid., cap. 23. INTRODUCTION § 2. Roman Canon Law. I. Towards the close of the fifth century, Dionysius (called Exigmis, or 'the Little'), a Scythian monk,^ at the suggestion of Stephen, Bishop of Salona in Dalmatia, made a collection^ of 401 Oriental and African Canons, which was accepted and approved at Rome,^ and afterwards in France, and generally by the Latin Churches. It was, doubtless, to this collection that reference was made by Theodore, Arch- bishop of Canterbury, at the Council of Hertford,* a. d. 673. To this, Dionysius is said afterwards to have added decretals of Popes Siricius and Anastasius I. (a.d. 384-402). At a later date, the same code was enlarged by the addition of other decretals of later Popes down to Gregory 11. (a.d. 715).^ It constituted, as so enlarged, the body of Canon Law which was in force at Rome down to the middle of, or later than, the ninth century. It is the same in substance with that which Adrian I. delivered (a.d. 773) to Charle- magne;^ and with that which Leo IV. (a.d. 847-855), in a letter addressed to the ' bishops of Britain,'^ declared to con- ^ See Moreri, DicHonnaire, etc., voce 'Denys le Petit.' 2 Codex Canonum Ecclesiasticorum Dionysii Exigui (Paris 1628). ^ The authority for their acceptance is the contemporary historian Cassiodorus, who was minister to Theodoric the Great. * Rede's Hisf., lib. iv., cap. 5. (See, as to the particular canons re- ferred to by Theodore, Johnson's Laws and Canons, etc., Oxford ed., 1850, vol. i. pp. 90-94.) ^ See Pithou's edition of this enlarged Code {Codex Canonum Vetus Ecclesice Romance, Pithcei, Paris 1687) ; also Sirmondi's note, Mansi, Concil., vol. xii. p. 882. ^ Mansi, Concil., vol. xii, p. 859 ; and note, p. 882. ^ See Decretum, pars i., dist. 20, cap. i. Pope Leo IV., however, also mentioned Sylvester, whose spurious 'Acts' had been published before his time. INTRODUCTION tain the laws then used by the Popes * in all ecclesiastical judgments ' ; by which * the bishops judged, and themselves, as well as the rest of the clergy, were judged.' To this body of law ecclesiastical forgery began to make spurious additions before the end of the eighth century. Among the earliest of these forgeries were the supposed 'Acts' of Pope Sylvester^ (a.d. 314), including the 'Dona- tion of Constantine.' 2. In A.D. 827, Ansegisus,2 Abbot of Fontenelle, made a collection of capitulars of Charlemagne and Louis the Pious, in four parts : the two first containing ecclesiastical, the two latter secular laws. This, though not always accu- rate, was an honest collection ; and was known and cited before the end of Louis the Pious's reign. It was, how- ever, incomplete; and it did not extend back to any of the constitutions of Charlemagne's predecessors. 3. To supply the deficiencies of that work, Benedict,^ a deacon of the church of Mentz, at the suggestion of Otgar (the immediate predecessor of Rabanus Maurus in the Arch- bishopric of Mentz), compiled, from many miscellaneous sources, secular and ecclesiastical, public and private, Roman, Galilean, Gothic, Salic, Ripuarian, and Bavarian, authentic and unauthentic, three additional books of (real or * See, as to this, Hinschius, Commentatio de Collectione Decretaliwn et Canonum Isidori Mercatoris, p. 96 {Decretales Pseudo-Isidoriance et Capitula Angilramni, Leipsic 1863); Alcuin's letter of A.D. 800 to Arno, Bishop of Salzburg (ep. 108; Migne's ed., 1831, vol. i. p. 325); and Benedict the 'Levite,' lib. iv., cap. 302 (Baluze, Capit., vol. i. p. 886). 2 Baluze, Capit.^ vol. i. p. 691 et seq., and Preface, §§ 39-43- 3 * Benedictus Levita. ' {JLevite^ in those days, was a common term for deacon. ) See his three books (numbered 5, 6, and 7, after the four of Ansegisus) in Baluze, Capit., vol. i. pp. 801-1132 ; and see Baluze's Preface, §§ 44-46. As to Benedict himself, see Moreri, Dictionnaire, etc., under the name 'Benoist, diacre.' INTRODUCTION supposed) laws and canons, which he published after leaving the diocese of Mentz on the death of Otgar in a.d., 847.^ To these he prefixed the four books of Ansegisus, making seven books in all, known from that time under his name. The earliest known citation of that collection in Western France was at a synod or assembly held at Quierzy in Picardy, under Archbishop Hincmar, in a.d. 857. Baluze, in the preface to his Capitulars^ after specifying the materials of which Benedict so made use, says that his collection ' is patched together from all these sources, con- fusedly enough, without attention to any order of time, and with frequent changes in the words of the chapters referred to.' For this Baluze does not blame Benedict, who found his materials in that confused and undigested state. He cannot, however, be absolved from the charge of tampering, to some extent, with the authorities which he followed. 4. The next publication which requires mention is that under the name of Ingilram (or Angilram),^ who was Arch- bishop of Metz from a.d. 768 to 791, and chaplain-general and grand-almoner to Charlemagne. It consists of eighty pretended canons, constituting a sort of code of procedure, applicable to charges against bishops, clerks, and laymen ; its tendency being to exalt, as supreme and absolute, the power and authority of the Pope, and to invest the clergy with extraordinary immunities. It asserted the invalidity of all constitutions against the canons or decrees of Roman pontiffs, and the right of the Pope to set aside, by his vicars, the proceedings of provincial synods. The Pope himself was to be judged by no man, * because the disciple is not ^ Hinschius, Comment atio^ etc. {ubi supra^ part iv., cap. i). 2 Vol. i., Preface, § 45. 3 Mansi, vol. xii. p. 904 et seq. ; Hinschius, Decretales Pseudo-Isidori' attay etc. (Leipsic 1863). INTRODUCTION above his master.' Formidable penalties were denounced against all who might make malicious accusations, or fail to establish any charges made by them when brought to trial. A bishop, against whom a charge might be made, might either claim to have the question transferred to the Pope in the first instance, or appeal to the Pope (whose decision was to be final) after judgment by the metropolitan. No charge could be made by a priest against a bishop, or by a deacon against a priest, or by any one in any inferior order against a clerk of an order above him. No lay testimony was to be received against a clerk ; and many witnesses (graduated according to the different ranks of clerks, but in the case of a bishop not less than seventy-two, in that of a cardinal priest sixty-four, in that of a cardinal deacon twenty-six) were required to justify an adverse sentence. According to a title (perhaps not in the original publica- tion, but early prefixed to it),^ these were represented as * Articles {Capitula) collected from various authorities {sparsim colledd) — from Greek and Latin Canons, Roman Synods, and decrees of Roman Pontiffs and Princes ; and delivered at Rome, by the Blessed Pope Hadrian, on the thirteenth day before the Kalends of October, Indiction 9, to Ingilram, Bishop of the City of Metz, when he was there upon his own business ' — no year being mentioned. Some of them were taken (more or less exactly) from the work of Benedict the Levite,^ and cannot be earlier than that work. That they were delivered to Archbishop Ingilram by Pope Adrian I. is incredible. There was nothing resembling them in the code delivered by that Pope to Charlemagne, and afterwards (with the interpola- ^ Hinschius, Commentatio, etc. [ubi supra, p. cxvii. et seq. ). * Ibid, {ubi supra, cap. 3, 4). INTRODUCTION 13 tion only of the pretended canons of Sylvester) referred to by Leo IV. as containing the rules of judgment accepted by the Roman See. The theory of those who have regarded the ascription of them to Ingilram as genuine, is not that they were known at Rome, but that he published them to justify himself against certain imputa- tions, and * that they were almost all taken from the false decretals, which then began to appear ; ' this being * the first trace of the use of those fabrications.'^ Among them are passages from the spurious Epistles of Clement to the Apostle St. James, and of Popes Anacletus, Eleutherius, Victor, Cornelius, Lucius, Sixtus II., and MarcelUnus ; as well as canons of the spurious synod under Sylvester, which are also found in the fifth book of Benedict. There are strong grounds for the belief of Hinschius,^ that Ingilram was not the real author of that publication ; that it was not compiled until after his time, and that it may not improbably have been the work of the same man who produced the larger Collection of false decretals, of which it was the precursor. 5. That Collection was fabricated and published between the years a.d. 847 and 853. It is said to have been intro- duced from Spain by Riculf, Archbishop of Mentz; and it is quoted by Hincmar (not without some apparent doubt of its authority) as passing under the name of St. Isidore, Archbishop of Seville, a.d. 601-636.^ The title (as given in Hinschius's edition)* is * A Breviary of the Canons of the Apostles and first Bishops of the Church from Clement to St. Silvester, and of the various ^ Moreri, Didionnaire^ etc., under the name ' Ingelram.' ^ CommentatiOf etc. {ubi supfa^ cap. 4). * Ibid, {ubi supra, pars iv. ) * Decretales Psetido-IsidoriancB, etc. (Leipsic 1863). 14 INTRODUCTION Councils in their order, whose acts also are collected in this work, their heads being subjoined.' It contains, first, the (so-called) Apostolic Canons, — genuine, though not of the Apostolic age ; and, after these, a series of pretended * Decretal ' Epistles from thirty early Popes, beginning with Clement (the supposed successor of St. Peter) and ending with Melchiades, the immediate pre- decessor of Sylvester; occupying the whole period from the martyrdom of St. Peter and St. Paul to a.d. 314, and omitting only two of the traditionary Popes of that period, viz. Linus (the second) and Clement II. (the fourth). After these there are added the famous document called the * Donation of Constantine,' and some canons of the spurious Roman Council under Pope Sylvester ; which are followed by other false decretals of Popes Julius, Liberius, and Damasus, and then by the Oriental and African Canons contained in the Code of Dionysius ' Exiguus,' (with some variations), and afterwards by canons of Galilean Councils, ending with the first Council of Orleans, and Spanish and Portuguese Councils, ending with the second Council of Seville. Of the forgeries contained in this collection, a sufficient idea may be formed from two examples : the fabulous letter,^ with which the book opens, of Clement to St. James the brother of our Lord; and the 'Donation of Constantine.' ^ In the former of these, Clement is made to relate to the Apostle St. James the circumstances of his appointment, by St. Peter, before his martyrdom, to succeed him in the Bishopric of Rome, with the power of binding and loosing, *so that, as he should decree on earth, it should also be * Decretales Pseudo-IsidoriancB^ etc. (Leipsic 1863), pp. 30, 42. 2 Ibid.y p. 249. INTRODUCTION 15 decreed in heaven ; inasmuch as he would bind only that which ought to be bound, and loose only that which ought to be loosed.' Long addresses from St. Peter to Clement himself, to the priests, the deacons, and the laity, are re- ported as following that commission; and the Apostle is said to have then consecrated him before them all by im- position of hands, and to have compelled him (overwhelmed with diffidence) to sit in his own chair. Then Clement repeats, in the most formal and scientific terms of post- Nicene theology, the doctrine which he has received from St. Peter; and informs St. James that he has ordained bishops, and will ordain others, for Gaul, Spain, Italy, and Germany. The rules according to which patriarchs and archbishops are to be appointed, according to the relative secular importance of cities (which have been already men- tioned) are then laid down; and St. Peter is quoted as saying that bishops are to have rule in the Apostles' place, and priests in place of the other disciples ; that no accu- sation should be received against bishops and priests except from persons of good report and of equal dignity ; that lay- men should not be permitted, to make such charges ; that all should be subject to Clement ; that he (St. Peter) for- bade secular men to resist spiritual ; and that no priest should do anything in any diocese without the bishop's per- mission. The decretal letters of the other early Popes are con- ceived in the same spirit. The ' Donation of Constantine ' begins with a long pro- fession of faith, made by that Emperor upon his conversion and baptism, and an exhortation by him to all nations to hold the same faith ; after which, an account of his con- version is given. Afflicted with leprosy, and persecuting i6 INTRODUCTION the Christians, he had compelled Pope Sylvester to fly from Rome, and to take refuge in a cavern in Mount Soracte. The Apostles St. Peter and St. Paul (at once recognised by the Pope, from the Emperor's description of their forms and lineaments) then appeared to Constantine in a vision, and revealed to him the truth of Christianity, and that Sylvester (for whom they commanded him to send) was ' Universal Pope.' At his request the Pope came, cured him of his leprosy, instructed and baptized him. I trans- late the material parts of the Act of Donation, said to have been made four days afterwards, and dated at Rome the 31st March, *in the Fourth Consulship of our Lord Flavins Constantinus Augustus ' : ' We, together with all our Rulers of provinces {satrapis\ and the whole Senate, and all our Nobility, and all the Roman people, have judged it expedient, that as the Blessed Peter appears to be appointed Vicar of the Son of God on earth, so the Pontiffs also, who stand in the place of the same Prince of the Apostles, should obtain by grant from us, and from our Empire, a princely power, exceeding that which the earthly graciousness of our Imperial Serenity seems to have ; choosing the same Prince of the Apostles, and his successors, to be our sure advo- cates with God. And, as our earthly Imperial Power, so have we decreed that the Holy Roman Church should be reverently honoured, and that the most Holy See of the Blessed Peter should be gloriously exalted above our Empire and earthly throne ; giving to it the power, and glorious dignity and strength, and honourable estate, which belong to Empire. And we decree and ordain that it shall hold the Primacy, as well over the four Principal Sees of Alexandria, Antioch, Jeru- salem, and Constantinople, as over all other Churches of God throughout the world ; and that the Pontiff for the time being of the Holy Roman Church shall be higher than, and Prince over, all the priests of the whole world ; and that according to his judgment all matters relating to the worship of God, and to the establishment of the Christian Faith, shall be settled.' INTRODUCTION 17 Then, after mentioning large endowments, as granted to the see of Rome in Judea, Greece, Asia, Thrace, Africa, Italy, and different islands, it proceeds : * And we do presently deliver up to the Blessed Silvester, our Father, and Pope of the Universal City of Rome, and to all the Pontiffs his successors, who shall sit in the chair of the Blessed Peter, even to the end of the world, the Lateran Palace of our Empire, and with it the diadem or crown of our head, and the cap, the Imperial collar, the purple mantle, the scarlet tunic, and all other our Imperial robes ; together with the rank and dignity of our presidents of the Imperial horsemen, and the Imperial Sceptres, and all signs and badges and Imperial ornaments of every kind, and the whole pomp of Imperial pre-eminence, and glory of our power.' Then follow grants of privileges to the Roman clergy of all orders. They are to have senatorial rank, to be made * patricians,' and * consuls,' and adorned with the other dig- nities of the empire ; to wear military decorations ; to ride on horses, with white linen reins and trappings; and to wear, like senators, sandals covered with white linen. The Pope's diadem is to be of the purest gold and precious stones. The document proceeds : * But since the most Blessed Pope has not endured at all to use the golden crown above the crown of his clerical tonsure, which he wears in honour of the Blessed Peter, We have, with bur own hands, placed on his most Holy Head a cap of dazzling whiteness, symbolising the Resurrection of the Lord ; and hold- ing the bridle of his horse for reverence of the Blessed Peter, have ourselves performed for him the office of groom ; appoint- ing that, in imitation of our Imperial state, his successors shall have the sole privilege of using the same cap in their Processions. — Wherefore, that the Pontifical Eminence may not be degraded, but may be adorned with more glory and power than the dignity of the earthly Empire, lo ! we do give up and relinquish to our aforesaid most blessed Pontiff, Silvester, the Universal Pope, both our Palace (already men- c 1 8 INTRODUCTION tioned) and the City of Rome, and all our provinces, places, and Cities of Italy and the regions of the West ; and we decree, by this our " Dival " and " Pragmatic " Constitution, that they shall be at the disposal of him and his successors ; and we grant them to remain for ever in right to the Holy Roman Church. And for this reason, we have thought it convenient to transfer our Empire and the power of our Kingdom to the regions of the East, and that a city should be built, after our own name, on a fair site in the Byzantine province, and our Empire there established ; because it is not right that any earthly Emperor should have power where the Heavenly Emperor has established the Prince of Priests, and the Head of the Christian Religion.' The Emperor then declares his will, that all the powers, privileges, and rights thus granted shall endure in all their fulness, without disturbance, until the end of the world; and he adjures his successors, and all his lords, ministers, senate, and people, and all who at any future time, in any part of the globe, may be subject to any of his suc- cessors, to preserve them inviolate under the penalty of his curse : * But if any one (which we do not believe) shall be found in this matter a scorner or despiser, let him He under the sentence of eternal condemnation, and have for his adversaries, in this and in the future life, the saints of God, the Princes of the Apostles*Peter and Paul ; and let him perish in the fire of the lowest hell with the Devil and all the wicked. And so, con- firming with our own hands the scroll of this our Imperial decree, we have placed it over the venerable body of Peter, the Prince of the Apostles.' 6. The * Isidorian wares,'^ of which these are, perhaps, the most remarkable specimens, found in those times a ready market and little or no criticism. They were largely relied on by the canonists of the tenth and eleventh centuries — * See Van Espen,yiMj Univ. Cation.^ parsii. sect. 4, tit. i. cap. 6, §7. INTRODUCTION 19 Regino, Abbot of Priim (who died a.d. 915); Burchard, Bishop of Worms (a.d. 1008-1026); and Ivo, Bishop of Chartres (a.d. 1091-1116). 7. The work of Gratian, which (under the name of Decre- tuni) ^ enters into and constitutes the first part of the modern Body of Roman Canon Law, is a systematic digest of the most important parts of the works of his predecessors, with further collections of his own. The title by which he him- self called it was A Concordance of Discordant Canons. He was a Benedictine monk of Bologna, and his compilation is full of those errors into which a compiler, who either did not or could not verify his authorities, was liable to fall. It contains numerous extracts from the false decretals of the early Popes,^ including the letter of Clement^ to St. James of which I have given an account. All that part of Constantine's pretended Act of Donation* which I have translated or abridged is contained in it. It was published about A.D. 1 15 1, and is said to have been approved by Pope Eugenius III., who died in a.d. 1153.^ It soon be- came the received text -book of Canon Law. This may ^ The Decretutn of Gratian constitutes the whole first volume of the Corpus Juris Ca^wwza (Richter's ed., Leipsic 1839). 2 In the first 483 alone, out of 1249 pages of the Decretum (Richter's ed.) there are 9 citations from Clement, 24 from Anacletus, 4 from Evaristus, 4 from Alexander I. , i from Sixtus I. , 2 from Telesphorus, 2 from Vigilius, 3 from Pius I., 3 from Anicetus, 3 from Eleutherius, 2 from Victor I., 9 from Zephyrinus, 10 from Calixtus L, i from Pon- tianus, i from Anterius, 15 from Fabianus, 4 from Cornelius, 4 from Lucius, 4 from Caius, 4 from Marcellus, i from Marcellinus, 8 from Eusebius, i from Melchiades, 7 from the Acts of Sylvester, 6 from Julius I. , 8 from Damasus. * Dist. 80, cap. 2 ; dist. 93, cap. i, 6, 7 ; causa ii., qusest. vii., cap. 8, 9 ; causa vi. , qu£est. i. , cap. 5, etc. * Dist. 96, cap. 14. ^ See Moreri, Dktionnaire, etc., in nom. 'Gratien.' INTRODUCTION have been partly due to its systematic form, and partly to the reputation of the law school of Bologna ; but the chief cause (according to Van Espen)^ was that 'Gratian, in this work, not only repeated those fictions of the false Isidore, and of the sources from which he drew, which were directed to the aggrandisement of the authority of the Popes, but added much more of the same tendency, beyond what even the false Isidore could venture to write.' Pope Innocent III. was in his day reputed a great canonist ; but Van Espen^ says, that he regarded the Decretum as the purest fountain of Canon Law, and relied upon it in his decretals and decisions ; that he was contented to take what he found there, indiscriminately and without hesitation ; never in- quiring into its genuineness or spuriousness, or whether it presented its authorities in a pure or in a garbled form. 8. The rest of the modern Roman Canon Law, which in the Corpus Juris Canonici follows the Decretum^ consists of successive digests of canons of councils and decretals of Popes later than Gratian's time. It ends with the decrees of the Council of Trent, and the bulls of Pope Pius IV. confirming them. ^ Works ^ vol. iii. p. 493 et seqq. ( Comment, in Decretum Gratiani). 2 Ibid.^ vol. iv. p. 69. ANCIENT FACTS AND FICTIONS PART I.— CONTINENTAL CHAPTER I CHURCH REVENUES AND RULES OF DISTRIBUTION § I. Church Revenues the Patrimony of the Poor. Not tithes in particular, but all Church property, of every kind, was from early times, and down even to the fourteenth century, described as *the patrimony of the poor.'^ The poor were always, and always must be, in an especial degree, objects of the Christian ministry. To them * the Gospel ' was to be ' preached.' The provision needful for the different orders of a settled ministry, and for churches in which they might meet for prayer and sacraments, was at least as beneficial to them as anything which might be specially devoted to the relief of their temporal wants. The relief, however, of the temporal as well as the spiritual wants of the destitute and the sick, the aged and afflicted, of strangers and foreigners, of prisoners and captives, was also, from the beginning, part of the office and work of the Church. The words of the Apostle i^ 'Let brotherly love continue ; be not forgetful to entertain strangers : remember them that are in bonds, as bound with them, and them which suffer adversity, as being yourselves also in the body,' — contain the germ of all later ecclesiastical ordinances ^ Van Espen,ywj Univ. Canon. ^ pars ii. sect. 4, tit. i., cap. 3, §§ 1-16, ^ Hebrews xiii. 1-3. 24 ANCIENT FACTS AND FICTIONS part i and practice on this subject. There is not a hospital or charitable institution in Christendom which is not, directly or indirectly, the fruit and a monument of the preaching of the Gospel. This was the principle which regulated the use and application of Church revenues when those revenues were brought into one treasury and were subject to one general diocesan administration. The ancient customs and laws on that subject were as much applicable to offerings made at the altars of churches, and revenues arising from landed or other estates given to the Church, as to anything else. Of tithes, there is no mention at all in the Western Church until the beginning of the fifth century; none, indeed, in this particular connection, until much later. § 2. Episcopal Authority. In the early diocesan administration everything de- pended upon the bishop. That was the rule laid down in the canons called 'apostolical,'-^ and in those of Antioch;^ the former giving the bishop full power of dis- position over all the goods of the Church, * for the benefit of the poor;' the latter, according to the bishop's judgment, for himself and others, as the wants of each might require. Those Eastern canons were adopted into the original^ ecclesiastical law of the Roman Church and of the Western Churches generally. The first Council of Orleans,'* * Canons 35, 37. ^ Canons 24, 25. ' Codex Canonum Ecclesiasticorum Dionysii Exigui (Paris, ed. 1628). It contains 50 'apostolical' canons, 20 Nicene, 24 Ancyran, 14 Neo-Csesarean, 29 Gangrian, 25 of Antioch, 59 Laodicean, 3 Con- stantinopolitan, 9 of Chalcedon, 21 Sardican, 33 of Carthage, and 105 other African canons. "* Mansi, Concil., vol. viii. p. 347. CHAP. I REVENUES AND DISTRIBUTION 25 •assembled in a.d. 511 under the first Christian King of the Franks, laid it down as an ordinance (which they followed) of * the more ancient canons,' that the general property of the Church was to be in the bishop's power.' The same thing was often ^ repeated in the legislation, civil as well as ecclesiastical, of the eighth and ninth centuries; and, as late as the eleventh century. Pope Gregory the Seventh ^ (as to tithes) endeavoured to restore that power to bishops. Even as to the local endowments of * oratories' on private men's estates, the bishops (for a long time success- fully) claimed the same power. * There are many ' (said a canon ^ of the third Council of Toledo, a.d. 589, repeated^ from time to time in later Acts both of Spanish and of German Councils), *who, against the canonical rule, seek to get their own churches consecrated upon such terms as to withdraw their endowment (dotetn) from the bishop's power of disposition. This we disapprove in the past, and for the future forbid. Let all things be done according to the ancient rule, under the bishop's power and control.' The first Council of Chalons^ (a.d. 649), after taking notice that some powerful laymen opposed the exercise of the episcopal authority as to oratories built by them on their estates, and their endowments {facultates ibidem conlatas), ^ See, e.g.t Charlemagne's capitulars of Frankfort, A. d. 794, of A. D. 813, and of uncertain date (Baluze, vol. i., Cap. Reg, Fratic., pp. 270, 503, 527) ; also canons of Aries (a.d. 813), of Mentz (a.d. 813 and 841), and of Pavia (a.d. 850 and 855) — Mansi, Concil.^ vol. xiv. p. 60, etc., and pp. 905, 936 ; vol. xv. p. 18. 2 Decretum, pars ii., causa xvi., quaest. i., cap. i. ' Mansi, Concil.y vol. ix. p. 998. ^ Ibid., vol. xi. p. 25 ; vol. xv. p. 870 ; vol. xviii. p. 62. Also Baluze, Capit. Reg. Franc.^ vol. i. p. 527; vol. ii. p. 352. And Decreitun, pars ii., causa x., quaest. i., cap, 2-8. " Mansi, Concil., vol. x. p. 119. 26 ANCIENT FACTS AND FICTIONS part i decreed that the bishops, in all such cases, ought to have power over the endowments as well as over the clergy. § 3. Local Customs. In the application of these principles a variety of usages grew up in different Churches. Van Espen^ says that the Apostolic practice of supplying out of a common fund all the wants of the Church, without any definite rule of distri- bution, prevailed for at least four centuries; and that all definite rules were of later date. Augustin of Canterbury (as to a question of ritual) asked Pope Gregory the Great how the variety in the customs of Churches was to be reconciled with the unity of the faith. That wise man, — the same who reproved ^ a Patriarch of Alexandria for calling him 'Universal Pope,' — answered :^ * You are familiar with the custom of the Roman Church, in which you were brought up. But my judgment is, that you ought to choose whatever is most likely to be pleasing to Almighty God, whether you find it in the Roman, or in the Gallican, or in any other Church ; introducing into your rules for the English Church, while yet new in the faith, the best things which you may be able to collect from many Churches. Things are not to be loved for the sake of places, but places for the good which is to be found in them.' A local liberty, acknowledged as to ritual, could not be denied as to temporalities. And, accordingly, the authority of local custom, in the administration of Church revenues, was recognised by the third Council of Orleans * (a.d. 568) — which made a distinction between the churches of * Jus Univ. Canon., pars ii., sect. 4, tit. i., cap. 6, §§ 1-5. ^ Gregory's Epistles, lib. i., cap. 36; and see Decretum, pars i., dist. 99, cap. 8. ^ Bede's Ilist.^ lib. i., cap. 27. * Mansi, Concil.^ vol. ix. p. 13. CHAP. I REVENUES AND DISTRIBUTION 27 cathedral cities, where the bishop was to have full power over all offerings, etc., and those of towns and villages else- where in the diocese ; in which the custom of each place was to be observed.-^ And, by a capitular of Louis the Simple 2 (a.d. 819) relating to tithes, the imperial commis- sioners — civil officers — were instructed to see that tithes were paid by every one, ' according to the ascertained custom or usage.' ^ § 4. The Roman rule of Quadripartite Division. The Roman custom, from at least the time of Pope Gelasius (a.d. 501), was to divide the general diocesan revenues into four portions — one for the bishop ; one to be distributed by him among his clergy, according to their respective degrees and merits ; one for the poor and strangers {peregrinis) ; one for the fabrics of churches. In a decretal letter to the * bishops of Dardania,' Pope Gelasius* ordered that every bishop should be charged, on his conse- cration, so to divide all the Church revenues. In two other decretal Epistles,^ addressed to officers ^ of the Church of Volterra (in which abuses requiring correction had occurred), the same Pope directed that the bishop should associate with those officers a third, as his own special representative ; and that the three should bring to him the full amount of all rents and payments from all the landed estates {prcedia) ^ * Defacultatibus vero parochiarum vel basilicarum inpagis civitatum coustitutis^ singulorum locorum consuetudo servelur.* 2 Baluze, vol. i. p. 620, ^ Siait mos vel sacra consuetudo esse dignoscitnr. ^ Mansi, Concil., vol. viii. p. 12 : ^Ut de reditu eccksia vel ohlationibns pdeliu?n qtiatuor pant portiones,^ eic. ^ Idid., pp. 114, 115. ^ The Archdeacon and ' Oecouomus.' 28 ANCIENT FACTS AND FICTIONS part i of the Church, both urban and rural; which the bishop, after deduction of expenses, and reserving a fund for contingencies, was to divide into the same four portions. The Church officers were to be cognisant of the distribution of the portion allotted to the poor, and, under the bishop's direction, were to make the necessary expenditure on the church fabrics. The portion allotted to the clergy was to be distributed according to the sole discretion of the bishop himself. These decretals of Gelasius were often, in countries where the Roman rule of fourfold division was followed, referred to as the authority for it.-^ It was mentioned,^ as the cus- tom {mos) of the Apostolic See, with respect to every sort of Church revenue (de omni stipendio quod accedit\ in the answer of Pope Gregory the Great to the first of Augustin's questions ; and he enforced it, on several occasions,^ in Italy and Sicily. Some of the bishops of Sicily had sought to confine it to ancient revenues (antiquorum redituum) of the Church, and had dealt with the fruits of later acquisi- tions on a different footing. But Gregory^ refused to allow that distinction. He did not, however, consider the same rule applicable to the condition of the nascent Anglo-Saxon Church, advising Augustin to follow the primitive practice of the Apostolic Church. ^ See, e.g.^ Mansi, Concil.^ vol. xiii. p. 428; vol. xviii. p. 139. A pretended decree of the (fictitious) Roman Council under Pope Sylvester (a.d. 324), enjoining the same division of all Church revenues {de rediti- bus ecclesice)y has been sometimes alleged as an earlier authority. As to this, see Van Espen,y«j Univ. Canon. ^ pars ii., sect. 4, tit. i., cap. 6, §§ 6, 7 ; ohojus Nov. Canon, (ed. 1777), pars ii., p. 470. 2 Bede, lib. i., cap. 27. * See his Works (Bened. ed. of St. Maur, 1705), tom. ii., pp. 691, 737, 774. 899, 1249. * Ibid.y p. 691 (Letter to Bishop of Syracuse). CHAP. I REVENUES AND DISTRIBUTION 29 § 5. Apportionment not numerically equal. Neither the Roman, nor any other mode of division ever used in the Church, contemplated (generally) an apportion- ment of the divisible funds into so many shares, numerically or by valuation equal. ' An arithmetical or equal propor- tionate division,' says Van Espen,^ 'was neither appointed nor made ; it varied according to the customs and circumstances of different places, which suggested the expenditure, now of a larger portion upon the poor, and at another time upon the clergy, according to the numbers and wants of the one or the other class. ... It is clear that, out of the revenues of the Church, the clergy were paid and supported, the sustenance of the poor provided for, and the sacred buildings repaired, by a reasonable, and not by an arithmetical distri- bution.' § 6. Quadripartite Division beyond Italy. It is said, by the same canonist, that the custom of quadripartite division was not received and in express terms established ^ in many places out of Italy ; though the general principle of employing the ecclesiastical revenues for the purposes contemplated in that division was universally recognised. And he cited ^ (apparently without dissent) a statement by one of the earlier editors of the works of Gre- gory the Great, that the quadripartite division prevailed ' in few, if any, parts of France.' That statement (which I do "^ Jus Univ. Canon., pars ii., sect. 4, tit. i, cap. 6, §§ 10, 14. 2 ' Accepta vel stabilita verbis expressis ' (Van Espen, Jus Univ, Canon., ulfi supra, % I ^). ^' Ibid. 30 ANCIENT FACTS AND FICTIONS part i not find adopted or repeated by the Benedictine editors of A.D. 1 705 ^) cannot be accepted as correct. The quadri- partite division, according to the Roman rule, prevailed in the ninth century in both the great dioceses of Paris and Rheims, and also in the diocese of Soissons; as clearly appears from the Acts of the sixth Council of Paris ^ (a.d. 829), from the capitulars of Archbishop Hincmar of Rheims,^ addressed to the priests of his diocese in a.d. 858, and from the constitutions of Riculf, Bishop of Soissons * (a.d. 889). Nor is there any reason to suppose that it was confined to those dioceses. In Germany, also, it largely pre- vailed ; and was restored by bishops and councils in some places where it had been departed from. Thus, at the Council of Salzburg^ (a.d. 807) the question arose, and was determined from 'the ancient canons' in favour of the quadripartite division; and certain abbots, then present, who had received tithes without accounting for the episco- pal one-fourth share, made restitution to their respective bishops. At Basle, in a.d. 821, the bishop^ (named Ahyto) considering himself entitled under a canon of the fourth ^ The St. Maur edition of Gregory the Great's works is, by universal consent, better than any which preceded it. 2 Mansi, Concil.^ vol. xiv. p. 550 (lib. i., cap. 15, of the Acts of the Council, referring to * Geiasius in decretalibus, cap. 27 ; ' and relating to Church revenues, ^ ecdesiasticce res^ and 'facultates^ generally). ^ Mansi, Concil,, vol. xv. p. 480 (pars ii., art. 16, of Hincmar's capi- tulars) : ^juxta institutionem canonicaniy as to tithes in particular. * Mansi, Concil.., vol. xviii. p. 85 (art. 11) : * canonica auctoritate* as to all the ^facultates ecclesia.^ The quadripartite division is also directed in some (though not the best or most) of the manuscripts of the Acts of the Council of Thionville, a.d. 803 (Mansi, vol. xiii. p. 428). ^ Mansi, Concil., vol. xiv. p. 13. (The question there was as to tithes.) ' Ibid.y p. 390. (As to tithes : ^ Nos vera hac potcstate uti nolumus^ sed tantum quartam partem^ juxta constitutiones Romanorum Pontifi- cuftiy et observantiam sancta Romance ecclesicsy habere volumus,^) CHAP. I REVENUES AND DISTRIBUTION 31 Council of Toledo to one-third, elected, in preference, to take a fourth part only, * according to the ordinances of the Roman pontiffs, and the usage of the Holy Roman Church.' The Council of Mentz,^ held (a.d. 841) under Archbishop Rabanus Maurus, decreed 'that the tithes given to the several churches be dispensed by the priests, according to the bishop's judgment, for the use of the Church and the poor ; ' and ' that both of the rents of land and of the offer- ings of the faithful, four portions be made, as the means of each church may allow, according to what was long since reasonably ordained : one part for the bishop, another for the clergy, another for the poor, and the fourth to be laid out as the bishop may appoint on the fabrics of the Church.* The Councils of Worms ^ (a.d. Zd^), and of Tribur ^ and Martzen* (both a.d. 895), and Walafrid Strabo,^ much of whose life was spent in the monastery of Fulda, and who became Abbot of Reichenau in the diocese of Con- stance (writing in the earlier half of the ninth century), all laid down the same rule of quadripartite division, as canoni- cally binding on their several churches. Every royal and imperial capitular which speaks of any division at all, whether Transalpine or for Lombardy, and every canon or law mentioning it in the collections of Ansegisus and of 1 Mansi, Comil.y vol. xiv. p. 906 (art. 10). 2 Mansi, Concil., vol. xv. p. 871 (art. 7): ^ De reditu ecclesia et de oblatione fidelium,^ etc. ; in the exact words of Gelasius, though not naming him, and not mentioning tithes. ^ Mansi, Concil.^ vol. xviii. p. 139. (Art. 13, as to tithes.) * Ibid.^ p. 169. (Art. 10, as to tithes.) ** Cap. 27: ^ De decimis dandis^ (Migne's ed., 1852, p. 961). He lays down the rule of division, not as to tithes only, but more gene- rally : ^Quatuor enim partes pixta canones fieri de fide Hum oblationibus debent,' etc. 32 ANCIENT FACTS AND FICTIONS part i Benedict the Levite,^ relates to the quadripartite division only. § 7. Tripartite Division, For the statement of Bishop Kennett^ (followed by Blackstone ^ and others) that * when sees began to be en- dowed with lands, etc., the bishops, to encourage a quicker foundation of churches, did tacitly recede from their quarter part, and were afterwards by canons forbid to demand it if they could live without it,' there does not seem to be any good foundation. The customs, both of quadripartite and of other modes of division, were local ; I find no trace of a transition anywhere from the quadripartite to a tripartite division, or of canons 'forbidding bishops todemand' their share. It was, indeed, suggested by some bishops* and councils,^ that the case might happen of a bishop who did not need his share being willing to forego it ; but of any compulsion to do so, or of any such renunciation by a bishop for his successors as well as himself, I have found no example. There is much more ground for saying that direct proofs of the prevalence, either in France or elsewhere, of a tripar- tite or any other mode of division different from the Roman, ^ Baluze, Capit., vol. i. p. 691 et seq. As to Benedict, see Introduc- tion, ante, p. 10. 2 Case of Impropriations (1704), P- IS* ' Comm.j vol. i. pp. 384, 385 (book i., cap. 11). * Bishop Riculf of Soissons (a.d. 889) : * Scire debetis, quia facultates ecclesice in quatuor partes canonica auctoritate sunt divisa ; ex quibus una est y si voluerit, episcopi ; alia ad luminaria,^ etc. (Mansi, Concil., vol. xviii. p. 85). * Toledo xvi. (a.d. 693) : ^ Si eas (so. tertiaSy quas antiqui canones de parochiis suis hahendas episcopis censuerunt) maluerint reddere ' (Mansi, Concil.y vol. xii. p. 72). CHAP. I REVENUES AND DISTRIBUTION 33 are few and scanty, than for affirming such a proposition as to the quadripartite division in Continental Churches west and north of the Alps. I will first speak of the usages of the Spanish Peninsula, of which the influence extended to parts of France bordering on the Mediterranean, and was even felt north-eastward (as we have seen in Bishop Ahyto's case) as far as Basle. In Spain there is evidence, in the sixth and seventh centuries, of a particular form of tripartite division ; not, however, of one from which the bishop was excluded. On the contrary, the bishop took one-third share, subject to the repair of those churches to which a fourth would have been assigned by the Roman rule ; and this would seem, from Bishop Ahyto's case, to have been more profitable to him than if he had taken one-fourth. This mode of division was established by the Council of Tarragona^ (a.d. 516), which threw upon the bishop the burden of those repairs, expressly on the ground of his canonical right to one-third of all church revenues. The fourth ^ and ninth ^ Councils of Toledo (a.d. 633 and 657) recognised that right, but were silent as to the burden; the sixteenth^ Council of Toledo (a.d. 693) reinforced the obligation which that of Tarragona had imposed, giving the bishop an option to relieve himself from it at the expense of the worshippers in the churches, if he waived his one-third ; which, however, he was to be at all times free to take, when repairs were not necessary. 1 Mansi, vol. viii. p. 543. (This, and the other Spanish and Portu- guese canons mentioned, relate to church revenues generally, and not to tithes in particular. ) 2 Ibid.^ vol. X. p. 627. (This council and the next gave the bishop one-third both of oblations and of the rents and profits of lands. ) * Ibid.^ vol. xi. p. 26. •* Ibid.^ vol. xii. p. 72. D 34 ANCIENT FACTS AND FICTIONS paht i In Portugal the first Council of Bragai(A.D. 567) laid down the rule that the ecclesiastical revenues- should be divided into three equal portions — one for the bishop, one for the clergy, and one for church repairs and lights. The second Council of the same place ^ (a.d. 610) forbade the bishop, on his visitations, to take a third of the offerings made by the people in 'parish churches' {ex quacunque oblatione populi in ecclesiis parochialibus)\ appointing a third of those offerings to be given to the repair fund, and (ap- parently) leaving the rest to the clergy of those churches. And the Council of Merida^ (a.d. 666) directed all the offerings of the faithful in the churches of cathedral cities to be divided into three equal parts ; one for the bishop, one for the priests and deacons of those city churches, and one for the sub-deacons and other clergy in minor orders ; while, in country churches (here also called paro- chial),* two-thirds were to be divided among the clergy of different orders, as in cathedral cities ; but the other third was to go, not to the bishop, but for repairs. In this Portuguese mode of division no share was specially assigned for the poor. Passing now to France, the Benedictine editors of Gregory the Great's Works (1705) referred^ to the first ^ Mansi, vol. ix. p. ^j'Ji. » jhid.^-^x. 835. » Ibid. , p. ?>t^. ^ Parochitan<2 ecdesice^ having parochitanos presbyteros. These were, apparently, collegiate or conventual churches, having each a familia^ which was a nursery for clerks ; and having deacons, as well as priests, and lower clerks, among whom the division was to be made. The Council spoke of the bishop as entitled, under the former canons, to a third part of the revenues of this class of churches also — which it took away, thinking him otherwise amply endowed : ^Priscis quippe canonibus erat decretum, ut episcopus de parochitatiis ecclesiis tertiam sequeretur ,' ciii sua plenissime sttfficere possunt. ' •* Tom. ii., p. 691 (note to Gregoiy's Epistle to Bishop of Syracuse). CHAP. I REVENUES AND DISTRIBUTION 35 Council of Orleans^ (a.d. 511), as having laid down the Roman rule for Gallican Churches. This is not ac- curate, unless the Acts of that Council, as printed in the great collections of Mansi and his predecessors, are corrupt. Several of its canons relate to the distribution of different kinds of church revenues ; and they are not easy to recon- cile with each other. They laid down, first, a special rule, not for a tripartite division, but for the application, generally, to 'the repair of churches, the sustenance of priests and the poor, or the redemption of captives,' of the fruits and profits of certain royal gifts (given, doubtless, by Clovis after his conversion), of lands privileged from secular services, and of any similar gifts which might at any future time be made to the Church. Then, as to offerings at the altars of churches, another canon assigned half of them to the bishop, and the other half for distribution among the clergy : adding, that prcedia of every kind were always to remain in the bishop's power. A third canon said that all the offerings of the faithful to the diocese, consisting of lands, vineyards, or other private property, should be in the bishop's power; and (which seems inconsistent with what had gone before) that a third part of what was offered at the altar should go to the bishop. And, lastly, the bishop was enjoined, ' as far as possible,' to give food and cloth- ing to the poor and infirm who were incapable of manual labour. These were special and intricate provisions. There was no quadripartite division. There was either a tripartite or a bipartite division of offerings, from which the bishop was not excluded; and there was a general appropriation of the revenues arising from royal gifts of land to the other ^ Mansi, vol viii. p. 347. 36 ANCIENT FACTS AND FICTIONS part i usual purposes, in which the bishop was. to take no share. How far, and how long, these canons of Orleans were acted upon, may be doubted. By a letter of Abbo,^ the celebrated Abbot of Fleury, who at the close of the tenth century defended monastic claims to tithes against his own diocesan (of Orleans) and other bishops, it appears, that the bishops of Orleans and other neighbouring parts of France were then in the habit of claiming, and taking for themselves, one-third of the general ecclesiastical revenues ; and that, in Abbo's view, their right was to one -fourth, according to the Roman rule. No Acts of any ancient Galilean Councils, either earlier or later than this first of Orleans — no royal or imperial capitular or law — can be cited in support of the proposi- tion advanced by some respectable writers, ^ that a tripartite division, either of all ecclesiastical revenues, or of tithes in particular, was at any time the general custom of France.^ The document, to which Ducange refers for that purpose (known as the Capitulare Episcoporuni)^^ is interesting, and ^ Gallandii Bibliotheca Veterum Patrum (Venice 1781), torn. xiv. p. 151 ; Bouquet, Recueil des Histoires^ vol. x. p. 440. 2 Ducange (Gloss in v. 'Dismes'): * Tantum moneo^Decimas Ecclesics in tres partes divisasy etc. ; referring to Charlemagne's capitular of A.D. 779, which says nothing about any division ; to the Capitulare Episcoporum; and to De Lauriere's Glossarium Juris Gallici, v. ' Dismes,' where, also, there is nothing in point. 3 The fourth article of the Ordinances of Aix-la-Chapelle, of A.D. 816 {see post, p. 85), provided for a division different from either the quad- ripartite or the tripartite ; giving a larger share to the poor than either one-fourth or one-third, and no share to the bishop. But this division was to take place only as to gifts to the Church, later than A.D. 813, of which no appropriation might be made by the donors. * Baluze, Capit., vol. i. p. 357; Mansi (from Baluze), vol. xiii. p. 1069. See both texts of this document, from the Metz and Andain MSS., in Appendix A. CHAP. I REVENUES AND DISTRIBUTION 37 may be accepted as evidence that in some districts of France and the Low Countries (including, probably, Bra- bant, Luxemburg, the Ardennes, and parts of the adjoining provinces of Lorraine to the south-east, and Artois and Picardy to the west), tithes were in the ninth century divided into three portions ; ^ one for the Church, one for the poor, and one for the priests. But it has been already seen that, to the immediate south of that region, the limits of that custom were so circumscribed that it did not extend to Soissons or Rheims; the quadripartite division, which was the rule in those dioceses, prevailed in the metro- politan diocese of Paris also ; and at Orleans, in the tenth century, Abbo knew nothing of the Capitulare Episco- porum, or of any practice corresponding with its article as to tithes. As a document, identical for this purpose (though not so entitled) with the Capitulare Episcoporum^ will elsewhere in this work be shown to have been the true source of every passage in certain Anglo-Saxon compilations of the tenth and eleventh centuries which mentions a tripartite division of tithes, it seems desirable to collect such information as is accessible about it. § 8. TJie ' Capitulare Episcoporum.^ This title is in one only of three ancient Galilean manu- scripts of the document in question, which were extant (I am not aware that any others were then, or are now, known) in the seventeenth century — that preserved at Metz, in the library of the monastery of St. Vincent, and first ^ One of its articles directed such a division to be made * according to canonical aiithoj-ity^ before zvitnesses.^ Seeposf, p. 228. 38 ANCIENT FACTS AND FICTIONS part i published by Sirmondi in a.d. 1629, in his Galilean Coun- cils ;^ from which work it was copied by Baluze,^ in his Capitulars of the Frank Kings. It is from those publica- tions that it is best known. Of this Metz text there is another ancient copy (without the title Capltulare Eplseo- porwn) in the Vatican Library,^ which is supposed to be of the ninth or tenth century, and which, having originally belonged to the church of St. Martin at Mentz, was trans- ferred in the fifteenth century to the library of the Elector Palatine at Heidelberg, and from thence to Rome in A.D. 1623, after the conquest of the Palatinate by Maxi- milian, Duke of Bavaria. The third manuscript was in the library of the monastery of St Hubert, at Andain in the Ardennes ; and was published by Martene and Durand * in A.D. 1733, in their Ampllsslma eolleetlo of ancient ecclesi- astical documents; being considered by them to be then 800 years old,^ and to belong to the earlier part of the tenth century. The Metz manuscript was, probably, not less ancient ; it is described as one of very high quality. The originals, from which both were copied, must have been a century or more older. A singular heading — singular, because it is difficult for a man of ordinary intelligence to find all that follows in Holy Writ — is common to all three manuscripts : * These are the articles {capltula) fro7n the writings of the Holy Scriptures, which the chosen priests have thought fit to be kept and observed.^ ^ Concilia Antigua Gallia, vol. ii. p. 249. ^ Vol. i. p. 357, ' The volume containing it is numbered 582, in the recently pub- lished catalogue of the Latin Palatine MSS. now in the Vatican. It contains an imperfect collection of Frank Capitulars, followed by the four books of the Abbot Ansegisus. * Velejtwi Scriptortim et Monumentorum, etc. A7iiplissima Collection Paris 1733, vol. vii. p. 26. ^ Ibid., p. 16. CHAP. I REVENUES AND DISTRIBUTION 39 There is nothing to show who ' the chosen priests ' were, or when, where, or by what authority they were chosen. The Metz title, The Bishops^ Capitular^ implies, not that those who drew up the paper were bishops, but that the authority by which it was promulgated was episcopal, not secular. It did not obtain a place in any Galilean or other Continental code of laws or canons ; and the source of those copies of or extracts from it which were made by Anglo- Saxon scholars or divines remained unknown to the learned until after Sirmondi's publication. The first step towards a probable conclusion as to the character and true date of the original document is to ascer- tain the relative value of the Metz ^ and Andain texts. The Metz text contains twenty-two articles, of which one (the seventeenth) is absent from the Andain; the rest correspond, with only a few clerical variations. In the Metz manuscript each article has prefixed to it a sub- title ; the corresponding articles in the Andain text, and in the Vatican manuscript also, have no sub -titles. In all three texts the thirteen last articles (exclusive of that which is not common to them) occur in the same order ; but the order of the eight first is different. Both in the order, and in the omission of the seventeenth (Metz) article, the Anglo- Saxon copyists followed the Andain, and not the Metz text. All the twenty-one articles which occur in both relate to the duties of priests, and were (perhaps for that reason) called 'Sacerdotal Laws' (Jura sacerdotuni) by the Anglo-Saxon copyists. The word 'sacerdos,' 'sacerdotes,' or 'presbiterus,' occurs in every one of them. But it does not occur in the seventeenth article of the Metz text, which is an incongruous ^ The Vatican text (except where any difference is noted in Ap- pendix A) is the same as the Metz. 40 ANCIENT FACTS AND FICTIONS part I interpolation, relative not to any priestly duty, but to the rule of thirty years' prescription in cases of disputed ecclesi- astical titles. Nor is this the only indication of the superior claim of the Andain manuscript (clerical errors excepted) to represent the original text. Its seventh and eighth articles, enjoining upon priests the duty of praying ' for the life and empire of the Lord Emperor, and for his sons and daughters,' and for bishops, stand there in an order which the context makes natural and probable. If they had stood first, it is not probable that any later copyist would have degraded them to a lower place. But in the Metz text those two articles are made to precede all the rest ; and there is no difficulty in understanding such a transposition of the original order by ecclesiastical courtiers. The force of these considerations is not weakened by the fact that, in the Andain manuscript, six other articles (not in the Metz text) are added. They are added in such a manner as to distinguish them from the twenty-one, and to show that they were not derived from the same original source; a sub- title of its own being prefixed to each of them. Their addition is consistent with the date to which the twenty-one 'Sacerdotal Laws' (only one of the added articles referring to the duties of priests) ought probably to be assigned. What is that date? Sirmondi (and Baluze following him), finding none on the face of the document, beyond the proof (afforded by the injunction to pray for the ' Lord Emperor,' etc.) that it must have been later than the assumption of the imperial dignity by Charlemagne (a.d. 800), placed it — for that reason only — immediately after the capitulars of the first year of his empire.^ ^ Its place in the Vatican manuscript is after the Capitulars of Pippin, CHAP. I REVENUES AND DISTRIBUTION 41 But Selden ^ observed (not indeed upon that document, for he was ignorant of it, but upon the articles which were copied from it, as he found them in the Cottonian manuscript of what are generally called 'Egbert's Excerptions') that it could not be earlier than the ' canonical authority ' for the division of tithes 'before witnesses,' to which the article on that subject referred ; and he found no such ' canonical authority,' earlier than an imperial capitular really belonging (as will be seen in a later chapter) to a.d. 830.^ There was, how- ever, an earlier capitular of the last year of Charlemagne's reign (a.d. 813), confirming a canon of the third Council of Tours (one of the several Gallican Councils held by the Emperor's command in that year), which seems more likely to be the 'canonical' authority so referred to. The canon of Tours ^ is in these words : ' The bishops are to have power, in the presence of the priests and deacons, out of the treasure of the church, to take for the family and poor of the same church, according to the institution of the canons, agreeably to their need.' The imperial ordinance * confirming it is : ' That every bishop have power, out of the treasure of the church, in the presence of witnesses and before those which follow under the title ' Capitular. Kai'oli Im- peratoris.' Mansi (vol. xiii. p. 1073), after saying, in his note to the reprint from Baluze (p. 1069), * Ad anmim 802 viri docti revocant^^ prefixes to a number of documents reprinted by him from Martene and Durand, including those from the Andain MSS. (of which this is one), a preface in these words : * In cake conciliorum ad atatem Caroli Magni pertiiientiuni, collocandas duxi satictiones has ecclesiasticas ejusdem Imperatoris, et aliorum ; non quod omnes vel saltern ex its aliquas sub exituyn vita Caroli datas censeam, sed eo usus consilio, quod aim iiicerti sint temporis, ideo illis omnibus canotiicis constitutionibuSy de quaruvi epocha certi stimus, subjiciendas duxerim. ' 1 Selden's Hist, of Tithes, ch. 8, § i, ed. 161 8, p. 197. 2 Post, pp. 53, 54. 3 Mansi, vol. xiv. p. 85. ^ Baluze, Capit., vol. i. p. 503. 42 ANCIENT FACTS AND FICTIONS parti (cum testibus\ to take what is needful, according to the canons, for the support of the poor.' This is the first enactment as to witnesses in connection with any distribu- tion of church revenues, which is anywhere to be found;, and, taking this to be the * canonical authority ' referred to in the ' Sacerdotal Laws ' of the Metz, Vatican, and Andain manuscripts, it follows that they were not earlier than A.D. 813. That conclusion is confirmed, as to the Andain manuscript, by one (that numbered 23) of those six articles, which (in that manuscript only) are added. This is taken, almost verbatim^ from a canon as to the rights of * ancient churches,' first enacted in the same year (a.d. 813) by two others of Charlemagne's synods (those of Mentz-^ and Arles),^ and also confirmed by the nineteenth article of the same imperial capitular.^ As to the occasion for the work of * the chosen priests,' and the place or places for which its rules were prepared and published, the mere situation (in the Ardennes and in Lorraine and at Mentz) of the monasteries in whose libraries it was preserved, might be inconclusive ; but it is not with- out weight. For it was certainly probable that transcripts of such a document would be preserved in those dioceses in or near which it was, or had been, in force, rather than elsewhere; and the two Benedictine monasteries of Metz and Andain were places in which (assuming it to have been in force in those parts of the Frank territory) it would have been likely to be found. They were famous among the greatest and most ancient religious houses of the Galilean Church. That of Andain was founded by one of the earliest Bishops of Liege. The remains of St. Hubert, the founder ^ Mansi, vol. xiv. p. 55 (art. 41). ^ Ibid., p. 60 (art. 20). ^ Baluze, vol. i. p. 503. CHAP. I REVENUES AND DISTRIBUTION 43 of that see, were solemnly translated to it in a.d. 825, from which time it was called by his name. That of St. Vincent of Metz was founded by Theodoric or Thierry, son of Clovis, and King of Austrasia (of which Metz was the capital), in the sixth century. From Metz it might naturally pass to other places, such as Mentz on the Rhine. The situation of those monasteries, however, is not the only clue to the history of the document. In the Andain manuscript it did not stand alone, but was associated with a series of other documents relating to the diocese of Liege, and to the period between a.d. 800 and a.d. 808, which may be reason- ably believed to have had some connection with it. Charlemagne, as Emperor, and under that title (there- fore after a.d. 800), addressed to Ghaerbald, then Bishop of Liege, a letter,-^ which is the first in that series of docu- ments. He took notice that certain children, presented at the preceding Epiphany for public baptism, had been ex- amined by his order as to their knowledge of the Lord's Prayer and the Creed; and that, being found wanting, he had caused their baptism to be deferred till they should be better prepared. He urged the bishop to impress upon his clergy the necessity of paying more attention to that part of their duty ; and the letter ended with an admonition to the bishop ' to be mindful concerning the duties of the priestly ministry, and for that purpose to convene an assembly of the priests of his diocese, and carefully search into and examine the truth of that matter.' On this the bishop addressed two pastoral letters,^ suit- able to the occasion (which follow next in the series), — the one to his 'flock' in his seignories of Condros, Loortz, ^ Martene and Durand, Ampliss. Coll., vol. vii. p. 19. 2 Ibid., pp. 16, 20. 44 ANCIENT FACTS AND FICTIONS part i Hasbain, and Ardennes; the other to* the priests of his diocese. To the former he mentioned, to the latter he sent copies of, the Emperor's communication ; taking to himself some share of the reproof which it conveyed, but intimating that he feared there must have been neglect of duty by many of his clergy. The fourth document, which succeeds this, is another letter ^ from the Emperor to the same bishop, appointing a special fast to be observed, for the calamities of famine, pestilence, and war, then afflicting the empire ; and direct- ing notice of it to be given in all the * baptismal churches ' and monasteries of the diocese. To this was subjoined (not in a separate, but in the same manuscript) an episcopal charge,^ by the same prelate, under seventeen heads; and after that, the 'Sacerdotal Laws' of 'the chosen priests,'^ with the six articles added to them. Among the other topics specially dealt with by the bishop's charge are the duty of teaching children the Lord's Prayer and the Creed, the observance of the Lord's Day and festivals and fasts, and the payment of tithes. All these are the subjects of different articles in the Sacerdotal Laws,' the first being that to which the Emperor had particularly directed the bishop's attention. As to tithes, the bishop ordered that all defaulters, of whatever degree, should be brought be- fore him, and should cause their occupying husbandmen {familias) to appear at such places as he should appoint. The charge concluded with a declaration of his readiness and desire to reform all abuses which might be brought to his notice. Charlemagne had suggested that the bishop should con- * Martene and Durand, Ampliss. Coll.y vol. vii. p. 21. 2 Ibid., p. 23. ^ Ibid., p. 26. CHAP. I REVENUES AND DISTRIBUTION 45 vene a synodical assembly, to ' search into and examine the truth of the matter ' * concerning the duties of the priestly ministry;' and it is at least probable, that the bishop, or his successor (for he died in a.d. 808), acted upon that suggestion ; and that some priests, qualified by their learning and piety, may have been chosen to draw up a short code of rules for the instruction and use of priests in that and, perhaps, some other dioceses. If this was done, the twenty- one articles of 'Sacerdotal Laws,' which in the Andain manuscript follow Bishop Ghaerbald's charge, are of just such a nature and character as might be likely to have arisen out of that occasion. Various causes (perhaps, among others, the necessity for consideration by the bishops on whose authority they were to be issued), may have caused their final settlement, in the form in which they were published, to be delayed for five or more years after Bishop Ghaerbald's death. In the whole series of docu- ments there is so much appearance of connection and mutual relation, as to make it at least probable, that their association together in the Andain manuscript was not the arbitrary act of the monk or clerk who transcribed them in a later century. That they all belong to the first quarter of the ninth century is certain. Until some more reasonable account is given of the matter, it seems to me to be a probable conclusion, that these 'Sacerdotal Laws' were prepared and issued primarily for the bishopric of Liege and churches dependent upon it, and for the dioceses of such bishops of other neighbouring parts of the Frank empire as may have concurred in their adoption ; and that this was done within a short time after the death of Charlemagne. CHAPTER II CONTINENTAL LAWS AS TO TITHES § I. Before Charlemagne In the preceding chapter I have spoken of the ecclesi- astical rules and customs which, from the time of Pope Gelasius to the tenth century, governed, upon the continent of Europe, the episcopal administration of diocesan re- venues, including tithes. Of tithes, particularly, I propose now to speak. In the Decreiwn of Gratian, several passages, now admitted to be spurious, are cited, as from works of St. Augustine,^ St. Jerome,^ and St. Ambrose,^ to prove the assertion by those Fathers of a canonical obligation to pay tithes. But in the works of two at least of them, St. Augus- tine* and St. Jerome,^ there are genuine passages, which, ^ Decrettifn, pars ii,, causa xvi., quasst. i, cap. 66 : * Decima tributa sunt egentium animarum,'' etc. And ibid.y quaest. 7» cap. 8 : * Majores nostri^^ etc. 2 Ibid.^ quDest. I, cap. 68: * Liherum est clericis decwias moiiachis concedere^' etc. ' Ibid.y qugest. 2, cap. 5 : 'Nam qui Deo tton vult reddere dea'ffias,^ etc. And quaest. 7, cap. 4: ' Fide liter dec imas dat,' etc. * Sermo 85 (on Matt. xix. 17), Opera^ vol. vii., Venice 1802, P- 454. * Comm. on Malachi, cap. 3 (Opera, vol. vi., Venice 1768), pp. CHAP. II CONTINENTAL LAWS AS TO TITHES 47 reasoning from the analogy of the Levitical law, and from our Lord's saying, that the righteousness of His disciples ought to exceed that of the Scribes and Pharisees, urge upon Christians the dedication, for religious and charitable purposes, of at least a tithe of their means. Csesarius,^ Archbishop of Aries from a.d. 503 to 544, appears to have been the first writer who more distinctly placed the claim of the Church to tithes on the . footing of right. ' Tithes,' he said, ' are not ours, but appointed for the Church ' {ecclesice depiitatce). There is no mention of tithes in any part of the ancient canon law of the Roman Church, collected towards the end of the fifth century by Dionysius Exiguus.^ Two Galilean Councils of the sixth century — the second Council of Tours ^ (a.d. 567), and the second Council of Macon* (a.d. 585) — are the earliest synodical authorities commonly cited for the requirement of tithes as payable of right to the Church. But the genuineness of the supposed Acts of that second Council of Macon is too doubtful to make it, for this purpose, a satisfactory authority. If genuine, they would seem to prove that the Mosaic law, as to the payment of tithes, was then regarded not only as binding from the first upon Christians, but as having been for centuries universally observed. For the fifth of the canons attributed to that Council (after a preamble as to the necessity of restoring to their former state all matters concerning the Catholic faith which had fallen into decay), runs thus : — 976-977. Cited also by Gratian {Decret.^ pars ii., causa xvi., quaest. I, cap. 63). 1 Homil. 9, 21 (see Thomassinus, De Beneficiis, cap. 6, p. 29, Mentz 1787). 2 ^fifg^ ^ g ' Mansi, vol. ix. p. 807. * Ibid., p. 951. 48 ANCIENT FACTS AND FICTIONS part i *The laws, therefore, of God, providing'for the priests and ministers of churches, commanded all the people to render the tithes of their fruits to the holy places, as the lot of their (the priests') inheritance ; so that, without hindrance from any kind of labour, they might have leisure for their spiritual duties. Which laws the whole body of Christians for a long space of time observed inviolate : but now, by degrees, nearly all Chris- tians are seen to be gainsayers {prcsvaricatores) of the laws, while they refuse to fulfil those things which are divinely com- manded. Wherefore, we ordain and decree, that the ancient custom be restored by the faithful ; and that all the people bring their tithes to those who serve in the sacred offices ; which being applied by the priests either for the use of the poor, or for the redemption of captives, they may obtain for the people, through their prayers, peace and salvation.' A witness who proves too much is generally discredited ; and this canon seems to prove too much for that time, and may therefore reasonably be suspected of spuriousness.^ As to the second Council of Tours, there is no mention of tithes in its canons or recorded Acts. But there is extant a pastoral letter ^ from four bishops, who were present at that Council, to the people {plebem) of their province, written after the synod, in a time of pestilence. That pastoral epistle cannot properly be said to place the payment of tithes on the footing of canonical obliga- tion. It is an urgent exhortation to the people to * follow the example of Abraham, by paying tithes of all their means, in order to save and to obtain God's blessing upon the rest, if they wish to be received into Abraham's bosom, and to reign with Christ ' ; and, beyond this, on account of the then threatened mortality, to give the Church the tenth of their slaves ; or, if they have none, but have children, to pay something for each child towards the redemption of captives. 1 See Selden, Hist, of Tithes, ch. 5, §§ 5, 6 (ed. 1618), pp. 57, 58, 65. * Mansi, vol. ix. p. 809. CHAP. II CONTINENTAL LA WS AS TO TITHES 49 An early Spanish Council (that of Seville, a.d. 590) has also been quoted by some .writers,^ not only as enjoining the payment of tithes, but as enumerating titheable matters in considerable detail. But the genuine Acts of that council 2 contain nothing about tithes. Such a canon was, indeed, attributed to it by Ivo, who (like other canonists of his class) has much apocryphal matter under false descrip- tions. That ' fragment ' (as Mansi calls it ^) is in part taken from a capitular made at Aix-la-Chapelle by the Emperor Louis the Pious,* in a.d. 816. That the payment of tithes, not long after the date of the second Council of Tours, acquired in the Western Church (if it did not previously possess) the character of a recognised ecclesiastical duty, is certain. But I have met with no canon enforcing it under ecclesiastical penalties earlier than that of the Council of Rouen (a.d. 630), quoted in the second part of Gratian's Decretum ;^ which, after saying that 'all the tithes of the earth, whether of corn or of the fruits of trees, belong to the Lord,' took notice, that 'many were found unwilling to give tithes;' and ordered that all such persons should be three times admonished, and, if those admonitions should fail, placed under anathema, until they might make satisfaction and suitable amends. There was no mention of tithes in any ancient code ^ of canon law before Charle- magne's time, nor in the collection of canons given to that emperor by Pope Adrian I.'^ 1 Prideaux, Original atid Right of Tithes {ed. 1736), p. 92. * Mansi, Concil., vol. x. p. 450 ; and see Selden, Hist, of Tithes (ed. 1618), p. 61. 3 Jl,j^^^ p, 453^ 4 p^^f^ p^ 2,^. ^ Causa xvi., qusest. 7, cap. 5. ^ Not in the Code of Dionysius Exiguus {ante, p. 9), nor in that pub- lished by Pithou {Codex Canonum Vetus Ecdesia Romance, Paris 1687). ^ The * Compendiosa traditio ' (of Oriental and African Canons) E 50 ANCIENT FACTS AND FICTIONS part § 2. Legislation of Charlemagne and his Successors. Civil legislation on this subject, upon the Continent, began with the celebrated ordinance of the eleventh year of Charlemagne's reign as King of the Franks, made in a general assembly of his Estates, spiritual and temporal, A.D. 778-779 :^ ' Concerning tithes, it is ordained that every man give his tithe, and that they be dispensed according to the bishop's commandment.' This was followed (a.d. 789) by another capitular, for Saxony,^ appointing tithes to be paid out of all public property {de omni re quce ad fiscum pertinet), enjoining all men 'whether noble, or gentle, or of lower degree {tarn nobiles et ingenui^ similiter et liti) to give according to God's commandment, to the churches and priests, of their substance and labour : as God hath given to each Christian, so ought he to repay a part to God.' A capitular of given by Pope Adrian I. to Charlemagne, a.d. 773 (Mansi, vol, xii, p. 861). Sirmondi says that the Pope not only gave Charles this * Epitome,' but also the text of the same canons in full, with a collection of Papal decretals, from Siricius (a.d. 318) to Gregory II. (a.d. 715) ; which was first published at Mentz (under the same title as by Pithou), in A.d. 1528, with a letter from the Pope, in Latin acrostic verses, to the king (see Mansi, tibi supra^ note at p. 882). This is confirmed by the contents of Charlemagne's own ecclesiastical constitutions, eighty in number, of a.d. 789 (Baluze, Capii., vol, i. p. 209). Of these, the forty-nine first are from the Oriental and African Canons, the nine next from decretals of Popes Siricius, Innocent I,, Celestine I,, Leo I,, and Gelasius ; and the rest either from the Holy Scriptures, or from royal capitulars. There is no mention of tithes in any of them. * Baluze, vol. i, pp, 196, 197. Selden, Hist. 0/ Tithes, ch. 6, § 7. * Baluze, vol. i. p. 253. CHAP. II CONTINENTAL LAWS AS TO TITHES 51 A.D. 800/ applicable to the whole Frank kingdom, directed the payment of tithes to churches within the 'fiscal ' domains. For Lombardy, the Roman quadripartite division, of tithes expressly, was established by a capitular ^ made in the first year of Charlemagne's empire, a.d. 801 ; and in the Bavarian edition of the capitulars of Thionville, a.d. 808, there is an article directing the same quadripartite division, * according to the decree of Pope Gelasius.'^ This, however, is of doubtful authority \ it was not found in six better texts of those capitulars, collated by Baluze. In the Salz capitular* of the same emperor, a.d. 804, and in that of a.d. 813,^ confirming various constitutions of the synods held in the same year, there are articles on the subject of the churches to which tithes ought to be paid; to which I shall refer particularly, in another part of this chapter. § 3. Witnesses and Compulsion. The earliest law as to witnesses, in connection with the receipt or distribution of ecclesiastical revenues, is the capitular of a.d. 813,^ confirming a canon of the third Council of Tours. This, as has been seen in the preceding chapter, related, not to tithes particularly, but to the treasure of the Church generally. But in another canon ^ of the same Council of Tours, there was a direction that tithes were to be dispensed by the priests, under the bishop's direction, for the use of the Church and poor ; and to this distribution 1 Baluze, vol. i. p. 331 (art. 6.) : ' Volumus, utjudices decimam ex omni conlaboratu pleniter donent ad ecclesias qua sunt in nostris fiscis.'' 2 Ibid., vol. i. p. 3S6. * Ibid., p. 428. 4 Ibid., p. 415. ^ Ibid., p. 503. ^ Ibid., p. 503 (art; 16). Ante, p. 41. ^ Mansi, vol. xiv. p. 85 (art. 16). 52 ANCIENT FACTS AND FICTIONS part i the canon as to witnesses would be applicable. The sixth Council of Paris ^ (a.d. 829), referring to a quadripartite division of the general church revenue, said that, however clearly a bishop might think himself able to prove his dispensation of the portion allotted, to the poor to be in accordance with the principles of the Divine law, yet, agreeably to the Scripture, that ' they may see your good works, and glorify your Father which is in Heavenj' this ought to be established by testimony {prcesentt testijicatione), * and published by the voice of good fame ' (boncB famce prcBconiis non taceri). Archbishop Hincmar,^ thirty years later, required the presence of witnesses for the division into four portions; as in the Capitulare Episcoporum^ or * Sacerdotal Laws,' spoken of in the last chapter, it was required for a tripartite division : * Of the tithes,' he said, * let four portions be made, according to the canonical rule; and let them, under the testimony of two or three faithful men {sub testimonio duorum aut trium fideliuni)^ be studiously and carefully divided.' The witnesses required by the canon of the third Council of Tours were ' priests and deacons ; ' but the language of the confirmatory ordinance of Charlemagne (a.d. 813) was general {cum testibus). Archbishop Hinc- mar, when speaking of ' two or three faithful men,' may be presumed to have had in view the civil legislation as to witnesses (in connection with the receipt and payment rather than the distribution of tithes) which had taken place in A.D. 830, and which Selden^ believed to be the earliest 1 Mansi, vol. xiv. p. 550 (lib. i., cap. 15, of the Council's Acts). ^ Ibid.^ vol. XV. p. 480 {Capit. ad Presbyteros^ etc., part ii., art. 16). 8 Hist, of Tithes, ch. 8, § i. CHAP. II CONTINENTAL LA WS AS TO TITHES 53 ' canonical authority ' on that subject. Of this I shall now speak, in connection with the compulsory laws, of which it forms part. In A.D. 829 (the year in which the sixth Council of Paris was held), the Emperor Louis the Pious, by his capitular at Worms,^ gave a civil remedy, by distraint, for the recovery of tithes from persons who were unwilling to pay them ex- cept on some terms of redemption {de decimis quas populus dare non vult^ nisi quolihet modo ab eo redimantur). This enactment was at the same time extended to Lombardy by Lothair,^ whom his father had associated in the em- pire, and to whom he had assigned the government of the Lombard kingdom ; and it fixes, by internal evidence, the date of that which follows (about which there has been some controversy) j^ which was also a law, both of Louis the Pious, and of Lothair for Lombardy. That law begins : * As to tithes, the ministers of the Commonwealth are to compel them to be given, even by those who are not willing to give them, as was declared last year^ (de decimis^ ^ Baluze, Capit.^ vol. i. p. 664 (art. 7). 2 Ibid., vol. ii. p. 340 {Excerpta ex lege Longobardorum, art. 39). ^ ^ De decimis ut dentiir et dare nolentibus^ etc. {ibid.^ p. 333). Auerbach, in his PrcecipucB Constitutioties Caroli Magni (A.D. 1545, p. 3, cap. 7), printed this among his selected laws of Charlemagne, but noted in the margin that it was ascribed (in the Lombard Laws, Ub. iii., tit. ^ De decimis') to the Emperor Lothair. Martene (vol. vii. pp. 5-10), on the authority of a Chigi MS. (published by Mabillon), ascribed to Charlemagne, and to a time earlier than his accession to the empire, all the laws contained in that MS. ; which is a miscel- laneous collection, supposed to be of the ninth century, of laws, in- cluding some on their face Imperial. Muratori {Rerum Italicarum Scriptores, tom. ii. p. 133 ; Ludovici Augusti Leges, cap. 34) determined the law in question to belong to the reign of Louis the Pious, on the authority of an Este MS. ; and with him agrees Mansi (vol. xiii. p. 1073)- 54 ANCIENT FACTS AND FICTIONS pakt i ut dentur ei dare nolenttbus, quod anno prcRterito denuntiatum est^ a ministris Reipublicce exigantur). It was made, there- fore, in the year after a.d. 829 ; that is, in a.d. 830. After that sentence, it proceeds thus :— ' And let either four or nine men, of good reputation, or as many as shall be needful, be chosen out of each body of laity of the Public Churches {de singulis plebibus\ according to the quality of each such Body, to be witnesses between the priest and the people {ut ipsi inter sacerdotem et plebem testes ex- istaftt)^ where the tithes have, or have not, been given — our object being to avoid the necessity for oaths in such cases. We do not, however, mean that all the persons so chosen as witnesses need always be present when tithes are given ; — we have fixed so large a number, to diminish the burden upon each. The actual presence of two will be enough.' That law went on to provide means for compelling pay- ment; — first, by priestly admonition; then, by exclusion from the Church ; then, by the intervention of the civil power, and the infliction of fines ; then, by a sort of inter- dict against defaulters' houses ; and last, if the use of all those means failed to produce the desired effect, by taking the defaulters into custody, and bringing them before the Imperial or Royal Courts.^ § 4. Ancient Baptismal Churches^ and their Rights. Although the early canon law attributed to the bishops ^ Milman {^Hist. of Latin Christianity, vol. iii. p. 87) cites this as a Lombard law of a.d. 803, and also of Lothair (a.d. 825), and of Louis IL (A.D. 875). As to Louis IL, Milman followed Baluze (vol. ii. p. 339)> but for the other dates he had not that, or (as far as I know) any other authority. Muratori {tibi supra) observed that it was easy to con^ found Louis L with Louis IL, and preferred the authority of the Este MS. It is remarkable that neither Baluze, nor Martene, nor Mura- tori, nor Mansi, said anything of the internal evidence, by which that question seems to be decided. CHAP. II CONTINENTAL LAWS AS TO TITHES 55 a very wide discretion as to the disposal and employment of diocesan revenues, it was not possible that such a power should be exercised without some local organisation, or without the aid of subordinate officers and ministers. As early as a.d. 451, the Council of Chalcedon,^ by a canon which passed into all the Roman codes, ordered that in the diocese of every bishop there should be a treasurer (oeconomus) chosen out of the diocesan clergy, to dispense the Church funds according to the bishop's direction; so that there might be evidence of the manner in which that dispensation was made {ut ecclestce dispensatio prceter testi- monium non sit), and any waste of the revenues of the Church, and consequent scandal, might be prevented. The second Council of Seville^ (a.d. 619), by a canon also adopted into the modern (though it does not appear to have found a place in the ancient) Roman canon law, required the strict observance of this rule ; and forbade the substitution of lay for clerical treasurers, which had been introduced by some Spanish bishops. Although there were not, in those times, parishes in the modern sense, the principal^ and more ancient* churches became local centres of administration ; and these, at an early date, obtained recognised rights and privileges, within districts^ over which they exercised some sort of authority. ^ Mansi, vol. vi. p. 1228 (Canon 26); Gratian, Decret., pars ii., causa xvi,, qusest. 7, cap. 21. 2 Gratian, Decret. {ibid.), cap. 22. 3 *■ Majores^ {sqq post, capitular of Louis II., A.D. 855). * * Antiquitus constitutes'' {post, capitular of Charlemagne, A.D. 813). ^ Although the word ^ parochia ' may sometimes have been applied to these districts (as, e.g., by the Portuguese Councils of Braga and Merida, a.d. 567 and 666, ante, p. 34), they were more generally called * dioec'eses. ' They were certainly not parishes of the modern kind ; and to call them by that name (as seems to be done by Dean Milman, Latin $6 ANCIENT FACTS AND FICTIONS parti They were called * Mother Churches ' {matrices)} because private oratories and chapels within their circles were de- pendent upon them ; those who worshipped in such oratories and chapels were bound, according to the canons of several Councils, to resort to the mother church three times a year ; which rule did not become obsolete until the eleventh century.2 They were called ' People's Churches ' {plebes)^ on account of the public character by which they were distinguished from those built on private men's estates. An imperial capitular of a.d. 806 prohibited the solemn celebration of festivals elsewhere than in public town- ships {vicis piibltcis)\^ that is, places within the royal or public domain, not granted to be held as beneficia^ or fiefs, by private persons. Many of those churches were called monasteriaf or, in Saxon, minsters^ because they were usually of a collegiate character, with a more or less numer- Christianity^ vol. iii. p. 87, note) might lead to misconception. The distinction is well marked in Gratian's Z>^fr^^z^w (pars ii., causa xiii., qusest. i), where, in a controversy as to tithes between two churches, this position is stated as clear : ' Constat^ unamquamque Baptismalem Ecclesiam habere dioecesim sibi legitime assignatam : sicut et parochiales ecclesia habent parochias sibi distributas. ' The words ^ parochia ' (of which the leading sense is neighbourhood), and * dioecesis ' (of which the leading sense is administration), were flexible j both originally signify- ing the bishop's diocese. 1 See Ducange, in voc. ' Matrica,' 'Matrix Ecclesia.' Archbishop Hincmar's Articles ot Inquiry, a.d. 858 (Mansi, vol. xv. p. 480) were to be executed ^ per singtdas matrices ecclesias, et per capellas ' of his province. 2 See Baluze's note, Capit., vol. i. p. 1063. ' Ducange, in voc. * Plebes ' ; capitular of Charles the Bald, A. d. 876 ' Eccksias baptismales, quas plebes appellant ' (Baluze, vol. ii. p. 242) ; Leo IV., in Decretum^ pars ii., causa xiii., quaest. I, § I ; and Walafrid Strabo. * Baluze, vol. i. p. 457 ; and see Ducange, in voc. ' Vicus Publicus.' ' See Ducange, in voc. ' Monasterium.' CHAP. II CONTINENTAL LA WS AS TO TITHES 57 ous body of clergy, either secular canons or monks, living together within their precincts. These phrases were rather popular than technical. ' Baptismal ' churches {bapiismales) ^ was their most proper designation ; which meant churches having public baptist- eries, in which, at the great feasts of Easter and Pentecost (sometimes Epiphany ^ also), the sacrament of baptism was solemnly and publicly administered for the people of their several districts. Sometimes they were themselves called baptisteries {baptisterid)^ and the titles to them were called baptismal (tituH baptismaks). It was decreed by the Synod of Verneuil,^ held under Pepin, the father of Charlemagne, in A.D. 755, that * no public baptistery should be established except by the bishop's command, or in any places, except such as he should appoint ; but this was not to prevent any priest from administering the sacrament of baptism elsewhere in cases of emergency.' It was at the Epiphany celebration of baptism, in the chief baptismal church of the diocese of Liege, that Charlemagne took the part men- tioned in his first letter to Bishop Ghaerbald ;^ and it was doubtless to such solemn celebrations of that sacrament at the appointed times that the Capitulare Episcoporum ^ referred, in the article numbered ten in both the Andain and the Metz manuscripts: 'That the law and time of ^ See, on this whole subject, the note of Baluze, Capit., vol. i. p. 1063. As to the great public baptisms at Easter and Pentecost, and also Epiphany, see note of Martene and Durand in Amplissi7na Collection vol. vii. p. 20. 2 Walafrid Strabo [de ealesiasHcarum rerwn exordiis et hurementis)^ cap. 26. (Migne's Patrologice Ctirsus, vol. cxiv. p. 959.) 3 Baluze's note, tibi supra. * Baluze, Capit., vol. i. pp. 167, 171. ^ Martene and Durand {Ampliss. Collect.), vol. vii. p. 20 ; atite, p. 43. * Ante, p. 37, and Appendix A. 58 ANCIENT FACTS AND FICTIONS part i baptism, at the proper seasons, according to the canonical institution, be most carefully observed by all priests ' ; (with a qualification, as to time, in the next article, like that as to place in the canon of Verneuil, viz. * That all priests should with the greatest diligence administer baptism, at whatever hours, to those who by reason of ill-health might stand in need of it '). It was in all the ' baptismal churches ' ^ of the diocese of Liege that Charlemagne commanded notice to be given by Bishop Ghaerbald of the special fast which he had appointed. The rights and privileges of 'baptismal churches' (by that name) are among the subjects of examination by Gratian^ in the second part of his Decretimi. Of such churches there was at first only one (the cathe- dral) ^ in each diocese ; but when dioceses became large the number was increased. The most important of them were conventual, served by many priests and clerks ; and it was canonically necessary* that they should be served by at least one priest, with the assistance of one or more deacons and inferior clerks. Walafrid Strabo ^ (writing in the early part of the ninth century) speaks of the priests of baptismal churches as * Martene and Durand {AmpHss. Colled.), vol. vii. pp. 21-23 : ^ Per singulas ecclesias baptis males. ^ Ante, p. 43. 2 Becret., pars ii., causa xiii., xvi., and xxv. ^ Baluze's note, vol. i. p. 1064, quoting and approving the statement of Joseph Visconti {Josephi Vicecomitis). * Baluze's note, ubi supra, p. 1065 : * Cum in reliquis sufficeret unus Presbyter, in istis necessarius erat unus diaconus cum PresbyteroJ' And see Baluze, Capit., vol. ii., App. p. 1575 : * Capitula data Presby- teris,^ cap. 8; and Bishop Riculfs Constitutions for Soissons (a.d. 889), art. II (Mansi, vol. xviii. p. 85). * Ubi supra, cap. 31 (Migne's Patrol,, vol. cxiv. p. 964). CHAP. II CONTINENTAL LA VVS AS TO TITHES 59 having authority over priests of lower degree {presbyteri plebium, qui baptismales ecdesias tenent^ et minoribus presby- teris prcesunt)^ and as qualified, for that reason, to be ' vicars,' or ' centenarions ' {centenartones\ of the bishop ; an office, for the oversight of country churches, superior to that of rural dean {decuriones, vel decant). When these greater and more ancient churches, or minsters, first acquired the right to receive and administer tithes, or other diocesan revenues accruing within their districts, does not clearly appear. A canon of the Council of Chalcedon^ (a.d. 451), establishing, as between diocese and diocese, in cases of disputed titles, a rule of thirty years' prescription, was afterwards by analogy extended to them. Selden ^ quotes from Cassian the hermit (who died about A.D. 430) a passage, showing that 'in Egypt some holy abbots had tithes of all fruits offered them,' accepting the dispensation of them as ' treasurers for the poor.' In the eighth and ninth centuries (according to Lupus, Abbot of Ferrieres, as quoted by Van Espen),^ bishops and laymen preferred paying their tithes to canons, rather than rural priests {presbyteris pagenstbus), on account of the greater ^ Mansi, vol. vi. p. 1228 (Canon 16). See Gratian's Decreium, pars ii., causa xiii., quoest. 2, cap. i. 2 ffist, of Tithes, ch. 5, § i, ed. 1618, p. 47 ; and * Review,' ibid., p. 465. ^ /us Univ. Canon., part ii., sect. 4, tit. i., cap. 3, § 18. ' Eoruni sanctitati credittim fuit totum decimarum onus ; et honesta Presbyteri alimentatio, et ecclesiastiae fabriccs reparatio, et cura paupenim et pere- grinoriim.' Lupus was a pupil of Rabanus Maurus. He became Abbot of Ferrieres (where Alcuin was one of his predecessors) a.d. 842. He took a leading part in the Councils of Verneuil, a.d. 844, and of Soissons, A.D. 855, and he was a correspondent of the Anglo-Saxon King Ethelwulf, and of Wigmund (archbishop), and Altsig (abbot), of York. (See Haddan and Stubbs, Councils, etc., vol. iii. pp. 634,635, 648, 649). 6o ANCIENT FACTS AND FICTIONS part i reputation of the former for sanctity, and the greater confi- dence felt in the integrity of their administration. It was probably through causes such as these, that baptismal churches acquired such rights as they claimed to tithes. Another authority of the ninth century, Amulo, Archbishop of Lyons, in a letter to Theobald, Bishop of Langres (quoted by Baluze),-^ mentions those rights, among other instances of * the dignity and authority of baptismal churches.' ' Let the lay-people {unaquceque plebs) everywhere abide quietly in their own dioceses and churches {parochiis et eccle- siis, quibus attributa est), and let them offer willingly their vows and oblations at those Sanctuaries where they receive holy Baptism, where they partake of the Lord's Body and Blood, where they may hear solemn Masses, and obtain from their priest penance for sin, visitation in sickness, and burial in death ; where, also, they are commanded to offer their tithes and first-fruits, where they rejoice in the initiation of their children into the grace of baptism, where they continually hear God's Word, and are instructed in what they ought and what they ought not to do.' 2 A decretal epistle of Pope Leo IV. in the same century, (quoted by Gratian),^ laid it down as a rule approved, not by that pontiff only, but by his predecessors, that tithes ought to be paid * only to those public churches where the holy baptisms are administered ' {plebibtis taiitum^ ubi sacro- ^ Note on Baptismal Churches, Capit., vol. i. p. 1065. Amulo was Archbishop of Lyons from a.d. 841 to a.d. 853. ^ That these were the greater, and not the seignorial churches, is evident from the capitular of Louis II. (a.d. 855) : * Quidam vero laiciy et maximi potentes ac nobiles, quos studio sius ad pradicatiotiem venire oportebat^ juxta domos suas basilicas habenty in quibus divinum audientes qfficium, ad maJo?'es ecclesias rarius venii'e consueverunt^ {ixx\.. 3, Baluze, vol. ii. p. 352). ' Decretum, pars ii., causa xiii., qucest. i, § i. Leo IV. was Pope from A.D. 847 to A.D. 855. CHAP. II CONTINENTAL LAWS AS TO TITHES 6i sanda haptismata dantur). And as to sepulture, a canon of the Council of Tribur^ (a.d. 895), also cited in the Decretum^^ ordered that it should take place, whenever possible, in the burial-ground of the principal church of the diocese {apud majorem ecclesiam^ ubi sedes est Episcopt) \ or, if that were not possible, in the burial-ground of the church of some religious house of canons, monks, or nuns, living together conventually. If this, too, could not be done, then a man was to be buried where he had paid his tithes while living. Every 'baptismal' church had its district (sometimes called 'diocese')^ assigned, or presumed from usage to have been assigned, by competent authority ; and in each such district there could be only one such church, with its de- pendent chapels.* The older organisation of these ' sub- dioceses ' (if I may so call them) may have been in some respects the model on which the modern parochial system grew up. Charlemagne, by his capitular de villis^ (a.d. 800), while reserving generally the tithes of royal or public lands to the public churches on the royal domain {in nostris fiscis), made an exception in favour of churches elsewhere, having ancient titles to them {ad alterius ecdesiam nostra dedma data non fiat^ nisi ubi antiquitus institutum fuit). And by 1 Mansi, vol. xviii. p. 139. 2 Pars ii., causa xiii., qusest. 2, cap. 6. ^ Ibid.y causa xvi., qusest. i ; and causa xxv. ^ ' Flures baptisniales ecclesice in und termitiatione esse non possunt ; sed U7ia ta^ttummodo, cum suis capellis ; et si contentio fiierit de termina- tione dtiarum matricum, plebes utrarumque discernant, ef, si non con- venerint^ lis Dei judicio discerfiatur'' (Grat., Decret.^ pars ii., causa xvi., qusest. i, cap. 54, where that canon is ascribed erroneously to a Council of Toledo. Other canonists had, before Gratiari's time, attri- buted it to a Council of Aix). ^ Baluze, Capit.^ vol. i. p. 331. 62 ANCIENT FACTS AND FICTIONS part t his imperial ordinance at Salz^ (a.d. 804) he established, generally, the right of ancient baptismal churches to tithes bestowed upon them with the consent of their diocesan Bishops (tibi antiquitus fuerint EcclesicE. Baptismales^ et devotio facta futt, juxta quod Episcopus ipsius parochicB ordt- naverit) ; adding, that ' if, by gifts of kings or other good and God-fearing men, anything from which the older churches had been accustomed to receive tithes, under ancient titles, should have been granted to bishoprics or monasteries, the earlier gift or devotion should continue in force, and the tithes should be paid by those in possession of the land.' One of the articles of the capitular of a.d. 813^ (confirm- ing canons made in almost identical terms by two of the synods of that year, those of Mentz and Aries) was for a like purpose ; and was repeated,^ in terms or substance, in many later laws. ' Churches established of old time are not to be deprived of tithes, or of any other possessions, so as to give them to new churches {Ecclesice antiquitus constitutce nee deci7nis^ nee aliis possessionibus, priventur^ ita ut novis ecelesiis tribuantur\^ In some of the repetitions of that law, as well as glosses of canonists, after a.d. 816, it was qualified so as to recon- cile it with the legislation of Aix-la-Chapelle^ in that year, of which I shall hereafter make mention ; in others it was not. The Council of Mentz, held under Archbishop Rabanus Maurus^ (a.d. 841), allowed exceptions to be made to it 1 Baluze, Capit.^ vol. i. p. 415. 2 Ibid,^ p. 503. (The Canons of Mentz and Aries are in Mansi, vol. xiv.) ' E.g.y A.D. 899 (Baluze, vol. ii. p. 18), 888 (Mansi, vol. xvii. p. 62), 895 {Ibid., vol. xviii. p. 139), 958 {ibid., pp. 463-467)- * Baluze, Capit., vol. i. p. 565. ° Mansi, vol. xiv. p, 905. CHAP. II CONTINENTAL LA WS AS TO TITHES (>z *with the consent and advice of the bishop;' and Herard, Archbishop of Tours ^ (a.d. 855-870), allowed them 'on very strong grounds of practical utility.' Gratian, in his Decretum^ produced an apocryphal decree of Pope Anas- tasius, in which those who, * without their bishop's know- ledge, might bestow their tithes on any other than the baptismal church,' were threatened with excommunication ; and, in a gloss ^ upon a canon ascribed by him (erroneously) to a Council of Toledo, he said that the rights of those churches were to be understood as secured to them against diminution or encroachment, not absolutely, but 'unless they should be assigned, by the bishop's disposition {episcopo disponente\ to other churches.' § 5. Irregular Appi'opriations of Tithes. Many encroachments on the ancient rights of baptismal churches did in fact take place, not only for purposes authorised by the laws of Aix-la-Chapelle (the effect of which will be the subject of a later chapter), but for others, always condemned by the law of the Church ; such as grants of tithes to monasteries by laymen,^ without episcopal con- currence ; and the feudalisation of tithes in the hands of lay- men,^ under tenures often created by the bishops themselves, or by other ecclesiastical tithe -owners. The baptismal churches long struggled for their privileges; and were supported at the Council of Pavia^ (a.d. 855, under the ^ Baluze, Capit.^ vol. ii. p. 129. ^ Pars ii., causa xvi., qusest. i, cap. 55. 2 Ibid.^ gloss on cap. 54. ^ See numerous authorities, cited by Gratian {Decret., pars ii. causa xvi., quoest. 7). ^ Ibid. * Mansi, vol. xv. p. 18 ; Baluze, Capit.^ vol. ii. p. 257. 64 ANCIENT FACTS AND FICTIONS part i Emperor Louis II.), and by a capitular of Charles the Bald/ A.D. 869. Canons and laws were passed for the punishment, by ecclesiastical censures and civil penalties, of laymen who, ' for reward or favour,' took upon themselves to divert their tithes from the churches entitled to receive them ;2 or, who, ' despising the direction of their bishops, gave their tithes, not to the churches where they received baptism, preaching, imposition of hands, and the other Christian sacraments, but to private churches on their own estates and fees, or to clerks of their own choice, at their pleasure.'^ It was not, however, by laymen only, that the ancient rights of baptismal churches were subverted. When they were in the hands of canons, or other secular priests, the monastic orders* were constantly invading them; sometimes by getting grants of tithes, and sometimes by procuring exemptions, which it was their policy in every possible way to extend, and which the Popes were afterwards^ obliged to curtail. Van Espen^ says that, 'when in the tenth and eleventh centuries laymen were willing to restore to ecclesiastical uses tithes and churches of which they or their ancestors had taken possession, they preferred, generally ^ Baluze, Capit., p. 212. 2 Capitular of Worms, A.D. 829 (Baluze, vol. i. p. 664) ; Synod of Pavia, A.D. 850 (Mansi, vol. xiv. p. 936) ; Archbishop Herard's Con- stitutions (Baluze, vol. ii. p. 129). * Synod of Pavia, A.D. 855 (Mansi, vol. xv. p. 18 ; Baluze, vol. il. P- 357)' See antey p. 60. * See letter of Paschal II. (a.d. 1099-1113) to Victor, Bishop of Bologna, in Grat. Decret., pars ii., causa xvi., quaest. i, cap. 9; also ibid.^ quaest. 7, cap. 2, 39 ; Decret. Greg. IX., lib. iii., tit. xxx., cap. 3, 4, 9, 10, II, 27, 30, 34, 35 ; Sexti Decret., lib. iii., tit. xiii., cap. 2. * Decret. Greg. IX., lib. iii., tit. xxx., cap. 8, 9, 10; Sexti Decret. ^ lib. iii., tit, xiii., cap. 2. ^ Van Espen, Opera (ed. 1753-59), vol. iii. p. 596. CHAP. II CONTINENTAL LA WS AS TO TITHES 65 (passim\ to give them to monks or canons,^ rather than to the churches from which they had been taken away; although this had been denounced as unauthorised by many eccle- siastical laws, and monks and canons had been forbidden to receive tithes or churches from lay hands without the bishop's consent.' That they obtained them very early with the consent or by the act of bishops, is clear from a charter of a bishop of Le Mans,^ dated in a.d. 649-650 (under Clovis II.), by which he granted for ever to a con- vent of nuns all the tithes arising within ten townships belonging to his see. In a.d. 997 a synod of bishops was held at St. Denis near Paris, in order to take measures for the restitution to the Church of such tithes as might be uncanonically possessed by laymen or monks. This council was attended by the Abbot of Fleury, Abbo, a man of great fame, and very zealous for monastic institu- tions. He offered to the intended resumption a strenuous resistance ; which had the effect (although his biographer, Aimonius,^ threw the blame on the bishops whom he resisted) of so exciting the lay people, that an angry mob invaded the synod, and broke it up in disorder.* A controversy followed between Abbo and his own bishop, Arnulph of Orleans. The abbot addressed a public defence^ of his conduct to Robert and John, Kings of the Franks, in ^ See citation from Abbot Lupus {ante, p. 59, note). ^ * Omnes decimas de supradictis villulis, tarn de annonis, quam agrario, vinum, fcettum, omnium pecudum seu farmatico, vel undeam- que decimari debetur . . . ipsa7?i deci?nam omni tempore ipsi monas- terio habeat coticessam^ (Mabillon, Vetera Analecta^ torn, ii., p. 278). ^ See Mabillon, Vetera Analecta, torn. ii. * Baronius, Annales, vol. xvi. p. 434. ^ ^ Apologeticus Abbonis adversus Arnulphum Episcopum Aurelianen- sem, et aliquot Epistola ' ( App. to Pithou's Codex Canonnm Vetus Ec- clesice Romano:^ Paris 1687, pp. 398-400, 417, 418). F 66 ANCIENT FACTS AND FICTIONS part i which he accused bishops of avarice and corruption, and appealed to the civil power to exercise the authority in these matters, which (he said) had been admitted by the most ancient councils to belong to emperors and consuls. And in a letter to a brother monk named Gerald,^ he inveighed against the covetousness, 'which was not satisfied with a third, or a fourth at least, of the revenues of their own churches;' citing Gregory the Great for the proposition, that * monasteries ought not to be disquieted by bishops ; ' and inquiring what Scriptural authority there was for requir- ing yearly accounts of church endowments or tithes to be rendered to bishops ? Gregory VII., ^ in his Lateran Council of a.d. 1078, made a canon forbidding the possession of tithes by laymen, and declaring them guilty of sacrilege unless they restored them to the Church, whether received from bishops, or kings, or any other persons. And, after affirming the obligation of all to pay tithes, he thus endeavoured to restore the bishop's power over their distribution : * Our judgment is, that the tithes should be under the bishop's hand ; that he who is set over the rest should distribute them justly to all, without showing more honour to one than to another, so as to disturb scrupulous hearts ; but all things ought to be common ; for it seems wrong that some priests should have, while others suffer loss : and, as there is one Catholic faith, so it is needful, that he who has the care of the whole diocese, although there are in it many churches, should yet faithfully distribute to them all.' It was found, however, that this canon could not be put in force ; and the question was soon again raised, at the Council ^ App. to Pithou's Codex Canonum Veins Ecclesice Romana, Paris 1687, pp. 398-400, 417, 418; also Bouquet, Kectteil des Histoires, vol. X. p, 440; and Galland, Bibliotheca Veterum Patrum^ vol. xiv. p. 151, '^ Grat, Decret., pars ii., causa xvi., qusest. 7, cap. i. CHAP. II CONTINENTAL LAWS AS TO TITHES 67 of Clermont^ (a.d. 1095) *as to churches and ecclesiastical possessions, acquired without the sanction of bishops from clerks and monks.' Pope Urban II. found it necessary, ' for the sake of peace, and to avoid scandal,' to confirm all such titles, acquired (however irregularly) from clerks, monks, or otJier persons^ in favour of those who were then in possession under them ; — at the same time prohibiting their creation for the future without the bishop's consent. Even this did not stop those alienations. In a.d. hoc, a Council of Eoictiers^ denounced, as no better than heretics and antichrists, certain bishops who were reported to have bestowed the tithes and oblations of their people, ' not on the priests of their dioceses, but on lay persons — soldiers, servants, and (worst of all) their own kindred.' Pope Alexander III.,^ confirming a canon of a Council of Tours (a.d. 1 163), took notice that, bad as it was for laymen to usurp ecclesiastical revenues which properly belonged to the priests, they were sometimes encouraged in that error by the clergy themselves : bishops and other prelates giving them permission to dispose at their will of tithes, and even of churches. And he decreed that any one who should grant to a layman, continuing such {alicui laico^ in sceculo renia- nenti\ any tithe or oblation, should be degraded from his office, until he made amends. The same Pope had, shortly before,^ declared a grant of tithes made in perpetuity to a layman by the Abbot of Montreuil to be void; and had ordered its recipient to be excommunicated, until he should ^ Grat. Decret., pars ii., causa xvi. qusest. 7, cap. 2. 2 Ibid., cap. 3, where the canon of this council is attributed to Gregory VII. See Richter's note, Corpus Juris Canonici, Leipsic 1839, vol. i. p. 689. 3 Decret. Greg. IX., lib. iii., tit. xxx., cap. 17. See Richter's note. ^ Ibid., cap. 15. 68 ANCIENT FACTS AND FICTIONS pap.t i release his claim 'freely and absolutely' to the Church. In the third Lateran Council (a.d. 1179), the same Pope made a celebrated constitution,^ often afterwards referred to by English common lawyers, as having put an end to the free appropriation of their tithes by laymen, which (in practice) until then existed. The form of that con- stitution varied in different manuscripts. According to some it ran thus : ' We forbid laymen, detaining tithes at their soul's peril, to transfer the title to them, by any means, to others : and if any one shall receive, and not restore them to the Church, let him be deprived of Christian burial.' This form of prohibition may, or may not, justify the con- struction placed upon it by English lawyers. Other manu- scripts, however, confined it to grants of tithes to laymen ; ^ and qualified it by the exception of gifts to which the bishop might have consented. It is not improbable that it may have been known, in this country, in its more unquali- fied form. ^ Decret. Greg. IX., lib. iii. tit. xxx., cap. 19. See various readings in Richter's notes {Corp. Jur. Canon., 1839, vol. ii. p. 341). Selden agreed with the English lawyers : ' Whoever ' (he says) * observes the practice of the preceding time only, and the words both of that council, and to the same purpose of the other held under Calixtus II., may well enough be persuaded that the intent of those canons was not otherwise.' And, after referring to the narrower construction of Innocent III. and later Roman canonists, he adds, * They may, as they will, understand it by judicial application ; but you may, at least, doubt still that the historical understanding of it is to be had out of arbitrary consecra- tions before practised ' {Hist, of Tithes, ch. 4, § 7 adjinem). 2 See, as to feudalised tithes, which had become so before the Lateran Council of A. D. II 79, and the lay titles to which were recognised by Continental Jurisprudence, Jouy, Principes et Usages, etc., ch. i. CHAPTER III PRACTICAL WORKING OF THE CUSTOMS OF APPORTIONMENT The practical working of the apportionment of church revenues under the older organisation invites attention, before tracing the transition from the system of ancient baptismal churches to that of modern parishes. § I. The Shares of Bishop and Clergy, Of the bishop's share, either of tithes or of other diocesan revenues, not much needs to be said. It was intended to provide him with the means, not only of sup- porting himself and his familia (his ecclesiastical house- hold, however constituted), and meeting other necessary expenses, but also^ of maintaining the hospitality becoming his office. The manner of doing this was left to his own conscience. Unless in Spain (where, as has been seen, the burden of church repairs was thrown upon it), the bishop's share does not appear to have been interfered with, except when his functions as diocesan were tempor- arily in abeyance. On one such occasion, in the diocese of Rimini, Gregory the Great ^ directed the shares of the ^ See Gregory the Great's letter to Augustin (Bede, Hist.y lib. i., § 27) : * Una episcopo et familia propter hospitalitatem atque susceptionetn. ' 2 Ep. 44, lib. v., indict. 13 (Benedictine ed. of St. Maur, Paris 1705, torn. ii. p. 774). 70 ANCIENT FACTS AND FICTIONS part i bishop and the fabric to be added together, and divided into three parts ; one for the support of the incumbent of the see, another for the bishop appointed by Gregory him- self to administer the diocese, and the third for repairs. On another, during a visitation of the diocese of Girgenti, by a bishop acting as his Commissary, the whole fourth share of the diocesan bishop, accruing while the visitation lasted, was ordered by the same Pope^ to be paid to the visitor. As to the share of the' clergy, the rule of Pope Gelasius^ was, that the bishop should distribute it, having regard to the ranks and merits of those who were to participate, according to his own judgment. Gregory the Great ^ re- commended a bishop (of Palermo) to appoint annually a tabularius^ or steward, of the clergy's portion, to make dis- tribution among those clergy whose names were inscribed on lists or tablets to be kept by him. But Gregory, like Gelasius, acknowledged no other rule of distribution than the bishop's reasonable discretion. An appeal was made to him by certain priests of the diocese of Catania, who were dissatisfied with what their bishop had done; but the only direction given by Gregory^ was, that the fourth portion of all revenues which might come to the Church from the rents or profits of land, or by any other title, should be set apart without deduction, and divided *dis- ^ Ep. 12, lib. v., indict. 13 (Benedictine ed. of St. Maur, Paris 1705, torn. ii. p. 737). 2 In his letter to the Bishops of Dardania, Ulericis pro officiortim suorum sedulitate distribuat;' and in the first letter to the Church officers of Volterra, ^clericis pro suo judicio et electione dispertiat^ — qualified in the second letter to those officers, by reference to the bishop's ' know- ledge of the place and merit of each of them' (Mansi, Concil., vol. viii. pp. 121, 114, 130). ^ Ep. 44, lib. xiii. indict. 6 (ed. 1705, tom. ii. 1249). * Ep. 7, Ub. viii. indict, i (ed. 1705, tom. ii. p. 899). CUSTOMS OF APPORTIONMENT erectly, and in the fear of God,' among the priests, deacons, and clerks in minor orders ; with full liberty for the bishop to determine how much each ought to receive, according to his own opinion of the quality and value of their respect- ive services. Later canons of Councils^ affirmed the same principle, down to the end of the ninth century; though, doubtless, in each familia or body of clergy, the course of precedent and practice had its usual effect, and tended to establish an ordinary proportionate rate of dividend, as between different ranks and orders. All participated, un- less excluded by some fault of their own ; but those higher in office received more than those who were lower : priests received more than deacons, and deacons more than sub- deacons, acolytes, exorcists, readers, or doorkeepers. §2. The Fabric Fund, The fabric fund, according to the rule of Gelasius, was to be laid out by the church officers, under the bishop's direc- tion ; and any surplus from the expenditure of any year was to be kept in store for the enlargement or improvement of fabrics, or invested in some property productive of revenue * for the common good.' - The uses of this fund were for repairs ; for lighting the churches, with Imninaria of wax or oil ; and for supplying necessary vestments, vessels, and other * ornaments.' The churches for which it was provided were the 'greater' or 'baptismal,'^ and not those on private men's ^ E.g., the sixth Canon of Worms (a.d, 868), which states the rule of quadripartite division in the exact words of the letter of Pope Gelasius to the Bishops of Dardania (Mansi, Concil., vol. xv. p. 871). 2 Letters to the Church officers ofVolterra {ibid. ,vol.viii. pp. 1 14-130). ^ Capitular of Pavia, A.D. 877, art. ii (Baluze, Capit. Reg. Fratu., vol. ii. p. 242). See post, pp. 73, 74. 72 ANCIENT FACTS AND FICTIONS part i estates. Even the greater or baptismal churches, within the limits of ' benefices ' or lands held by noblemen under the Church, were to be kept in proper repair and condition by them ;^ relieving, to that extent, the diocesan fabric fund. Those ' benefices ' were granted upon the terms of paying, by way of " rent -service, what were called * ninths and tenths '2 to the bishops or ecclesiastical corporations who granted them ; and bishops receiving ' ninths and tenths ' were bound ^ to see that this duty of their grantees, as to church repairs and lights, was properly performed. With respect to churches or oratories built by private persons on their own lands, the rights of patronage and other proprietary rights conceded to the founders were subject to the condition, that they should not be destroyed, but should be reverentially preserved.'* As to the public churches, it was the duty of every ^ Frankfort capitular, A.D. 794, art. 24: ^Ut ecclesice per eos res- taurentur, qui beneficia habeant'' (Baluze, vol. i. p. 267) ; and canon of Mentz, A.D. 813, art. 5 (Mansi, Concil., vol. xiv.) The word beneficiuniy as used in the Middle Ages, meant pradhwi Jiscalcy quod a Rege vel Principe, vel ab alio quolibet, ad vitam viro nobili utendum conceditur (Ducange, in verbo). ^ See Thomassinus, De Benejiciis (Mentz 1787, torn, iii., lib. i. cap. 8, entitled iWwc? et decima:) : * Qui jure beneficiario fundos- ecclesia obtinebant laid, decimas ei et notms solvere tenebanturJ' Also Selden, Hist, of Tithes, ch. 6, § 6. The law of Pepin, of A.D. 764, quoted by Prideaux {Origin and Right of Tithes, p. 96), relates, not to tithes generally, but to these ^ninths and tenths.'' * See Lombard capitular of A.D. 801, art. 43 (Baluze, vol. i. p. 356) : * Ut vos episcopi, qui in omnibus nonas et decimas accipitis, in vestra providentia sit, quatenus ecclesics vel capellce qua in vestra parochia sunt emendentur, et luf?iinaria eisprceheatis, ut in eis presbyteri vivere possint. ' * Frankfort capitular, A.d. 794, art. 52 {ibid., p. 269) : ^ De ecclesiis qua ab ingenuis hominibus construantur, licet eas tradere, vendo-e^ tantummodo ut ecclesia non destruatur, sed serventur quotidie honores. As to the power of alienation and sale, see post, pp. 81-83. CHAP. Ill CUSTOMS OF APPORTIONMENT 73 bishop, under the Frankfort capitulars and the Salz^ capitular of a.d. 804, to see that those within his diocese were well built and repaired, and also to look after their ' offices and lights.' By the capitulars of Thionville^ (a.d. 805) reformation was directed to be made of neglected churches, 'without offices or lights ;' and also of those * who received tithes without taking care of the churches.' The Council of Toul^ (a.d. 859) decreed that 'the churches should be repaired and restored by those who had the use of their possessions ; and that all members of the clerical or monastic body belonging to each of them {ex earumfamilia^) should assist, as far as possible, in their re-edification.' The capitulars of Charles the Bald at Pavia^ (a.d. 877), in which Archbishop Hincmar of Rheims, and other Transalpine bishops present concurred, directed the baptismal churches, called plebes^ to be repaired by * the sons of the church,' according to ancient custom {ut ecclesias baptismales^ quas plebes appellant^ secundum antiquam consuetudinem^ ecdesice ^ Baluze, vol. i. p. 415 (art. i) : ^ Ut ecdesice Dei betie constructcB et restaurata fianty et episcopi, unusquisque infra suam parochiam^ exinde bonam habeant providentiam, tarn de officio et luminariis, guam et de reliqua instaurationeJ' ^ Ibid,, p. 421 (art. 6): ^ De ecclesiis sine honore manentibus, absque officiis et himinariis, et de his qui decimas quidem adsumujtt, et de ecclesiis non curatit, ut omnimodis emendetur.^ '^ Mansi, ConciL, vol. xv. p. 539 (art. ii): ^ Ut ecdesice sarciantur et restaurentur in cedificiis ab his qui eartwi rebus utuntur, aut ab unoquoque tale ex earum familia prcebeatur adjutorium, per quod, si fieri potest, recedificetur.^ ^ Ducange explains 'familia ecdesice^ as including all who owe service to the Church ; and, as used with respect to monasteries, all who share the conventual life. Examples of that use of the word, as to cathedral chapters and other religious houses in the Anglo-Saxon Church (of the years 813, 824, and 844, etc.), will be found in Haddan and Stubbs, Councils, etc., vol. iii. pp. 515, 575, 580, 581, 582, 595, 617, 629. ^ Baluze. vol. ii. p. 242. 74 ANCIENT FACTS AND FICTIONS part i filii t'nstaurent) 'y — the canonical power of the bishop over tithes being mentioned in the same context. Archbishop Hincmar,^ and Bishop Riculf^ of Soissons, in their constitutions of a.d. 858 and 889 (both enjoining the quadripartite division), directed yearly accounts of the expenditure of the fabric fund to be rendered to the bishop or his officers; showing how much had been laid out for oil or wax-lights, how much for structural repairs, and how much for * ornaments.' § 3. The Foot^s Fund. With the poor, widows and orphans, sick and infirm, were associated strangers {hospites), foreigners or pilgrims {peregrtni\ and captives. In some laws the poor only, in some (e.g.^ in Bishop Riculf's^ constitutions) strangers {hos- pites) only were mentioned. But, when one of these classes was mentioned, all might be understood as comprehended. Van Espen* says, that the portion of the poor, as well as that of the clergy, was distributable according to the bishop's discretion, having regard to the greater or less indigence and merits of particular persons. For this, he quotes an Epistle of Pope Gregory^ the Great, recommending larger gifts to honest and poor men who were not common beggars, and smaller to those who were. The first Council of ^ Mansi, vol. xv. p. 480. "^ Ibid., vol. xviii. p. 85 (art. ii): ^ Ex ipsa parte, qucefabricis debetur ecclesice, volumus aut per nos, aut per nostras comministros, rescire quid annuativi, tain in himinaribtis olei vel cerce, qimm etiam in restauratione tectormn, vel in ornamentis, inde in ecclesia pareat. ' The ' comministri , ' here mentioned, were (probably) the oecojiomus and the archdeacon. ^ ( Ubi supra) : * Quarta hospitibus deputata. ' ^ Jus Canon. Univ., pars ii., sect. 4, tit. i., cap. 6, § 13. " Ep. 29, lib. ix. CHAP. Ill CUSTOMS OF APPORTIONMENT 75 Orleans/ in the same spirit, directed the bishop, as far as he could {in quantum possibilitas habuertt)^ to give food and clothing to those who, by reason of infirmity, could not labour with their own hands. Poor persons of the bishop's own kindred were not excluded. A canon, attributed to a Council of Worms ^ (a.d. 868), said that ' the bishop was to have the care of all Church temporalities, and to dispense them as in God's sight, not for himself or for his relations ; but that, if any of his relations were poor, he might give them aid. He might dispense to all who were in need ; he might himself, if in need, supply out of them his own necessary wants, and also the wants of those brethren who lived with him {fratrum, qui ab eo suscipiuntury Poor clerks were admitted to participate in this share, as is plain from a sentence in Hincmar's ordinances of A.D. 874, excluding from such participation priests de- graded for certain causes. Of monks, bound by vows of poverty, and often called 'Christ's poor,' I shall afterwards speak. All these charitable objects were provided for in the Eastern Church, by organised institutions — ptochia or '•ptochodochia'^ (poor-houses); '■ orphanotrophia' and '• gero- comia^^ (houses for orphans and aged persons); and '• xenodochia^^ (guest-houses or hospices). They were all under ecclesiastical superintendence, and had churches or ^ Mansi, vol. viii. p. 347. 2 Ibid.^ vol. XV. p. 871. This canon (art. 46) is not in the older copies of the Acts of that council. 3 Eighth Canon of Chalcedon {ibid., vol. vi. p. 1227), and see Van Espen's quotation from Zonaras ( Opera, vol. iii. p. 248). * See Van Espen's quotation from Balsamon, Patriarch of Antioch in the twelfth century {Opera, ed. 1753-59, vol. iii. p. 249). ^ Mansi vol. ii. p. 947. 76 ANCIENT FACTS AND FICTIONS part i chapels in or near them. Canons/ received in some parts of the East as Nicene (not, however, really made by the Council of Nicaea), directed that there should be in every cathedral city a xenodochium^ ' set apart for strangers, infirm, and poor,' 2 and that the bishop should choose and set over it a ' brother ' ; — if possible, an anchorite ; who was to be called the guardian of the poor (in the Latin translation, procurator pauperum) ; also, that collections should be made for them from all Christians, if the goods of the Church were not sufficient. The principles of those arrangements were followed in the Western Church. At Rome there was an officer called by the same name, procurator pauperufn ; an office which continued to exist, at least in name, until recent times.^ Othelon,* who wrote in the twelfth century the Life of Si. Boniface^ lamenting over the departure, then general, from the ancient rules for the distribution of Church revenues, said : * The holy canons, by authority of which tithes are paid, required not that only, but that they should be dis- tributed among the various uses of the Church ; and that there should be in some cities and towns guest-houses (xenodochia) established, for the support of poor men and foreigners {peregriniy In the eighth century there were houses of entertainment provided for the alms-people of baptismal churches, usually adjoining them ; which, from one of the titles of those churches {matrix ecciesia)^ were ^ These canons were translated from Arabic into Latin, and pub- lished A.D. 1 55 1, by the Spanish Jesuit Francis Turrianus. ^ Canon 'jo. * Ui sit in omnibus civitatibtis locus separatus pere- grinisy infirmis^ et pauperibus, qui vocetur xenodochiuni^ id est, hospititwi peregrinorum.^ * See Mansi's note, Concil., vol. ii. (to the canons of Turrianus, just cited) : ' Sic Romc£ vocatur hodie procurator pauperum.^ * Quoted by Keqable, Saxons in England {\%^(i\ vol. ii. p. 479, note. CHAP. Ill CUSTOMS OF APPORTIONMENT 77 called matriculce ;^ and the same name, matricula^ was also applied to a book,^ in which the names of those admitted as alms-people of the Church were inscribed. In the ninth century those persons only who had been regularly admitted, or ' matriculated,' as alms-people or bedesmen of the par- ticular church, were recognised as having claims to relief upon the ground of poverty. The statutes of Corbey, and of some other monasteries, ordered lodging, food, and clothing to be given to those whose names were in the matriculation book; requiring from them in return services to the house, of which they were (in effect) lay brethren.^ They were to be treated on the same footing with the other servants of the house, and were (with them) to have the first share in every distri- bution of food. The monks belonging to the house were often themselves called matriculariiJ^ Alcuin, when Abbot of St. Martin's at Tours, in a letter to Charlemagne^ (written in A.D. 801), so styled himself. There was an officer of each baptismal church or monastery, like the procurator pauperum^ charged with the care of the matriculated poor.^ Archbishop Hincmar's ordinances of a.d, 858"^ gave in- junctions to his commissaries and rural deans, as the foundation of annual inquiries to be made by them in all the mother churches and chapels of the province, ^ Ducange, in voce 'Matricula.' ^ Ibid. ^ Ducange, in voce ' Matricularii ' (quoting Adelard and Guerard) : * In matriculam ecclesice inscripH, sub servitiis quibusdam in j?iotiasterio prcBstandis, inibi tectum^ victum, vestitum inveturunt.'' * Hence the modern use of the term 'matriculation,' for admission to universities. ^ See Haddan and Stubbs, Councils, etc., vol. iii. p. 533. ^ From the name of this office the modern French term for church- wardens {marguilliers) is derived. ^ Mansi, Concil., vol. xv. p. 481 (art. 16, 17). 78 ANCIENT FACTS AND FICTIONS part i and of reports to himself. One of these injunctions (already quoted) prescribed the quadripartite division of tithes before witnesses. The next enjoined the priests of the churches to which tithes were payable to admit to matriculation persons suitable to the quality of the place {ut matricularios habeani juxta qualitateitt loci) ; ^ not cow- herds or swine-herds, but infirm and poor persons, and of the same lordship' {de codem dominio) ; with an exception in favour of any brother or other relative of the priest, who might be infirm or very poor, whom he was permitted to maintain out of the tithe (qui de eadem decitna sustentetur). The same prelate returned to that subject in a charge to the priests of the province, in his synod held at Rheims A.D. 874.^ 'I have often' (he said) ' admonished you concerning the matriculated, what sort of persons you ought to admit, and how you ought to dispense to them their portion of the tithe. But I have found that there are some who take little heed to our admonition, which indeed is God's own, through our in- strumentality, small as we are. Wherefore it is necessary to repeat what I know some to neglect. I forbade you, speaking by God's authority, that any priest should presume, in return for an entry of any name in the book, to require or accept any present {xeniuin\ or. harvest-work, or other kind of service to himself ; or that any one should presume to sell that part of the tithe which is due to the matriculated, and which the faith- ful, as ransom for their sins, offer to the Lord.' It appears, therefore, that in Hincmar's time the poor, who had the benefit of a share in the quadripartite division of tithes, were only those whose names were inscribed for that purpose in the ' matriculation ' book of the dispensing Church. And from Eadmer's narrative of St. Oswald's life 2 ^ Mansi, vol. xv. p. 494. ' Wharton's Anglia Sacra, vol. ii. p. 195. CHAP. Ill CUSTOMS OF APPORTIONMENT 79 when in the monastery of Fleury, in the succeeding century, it may be collected that the practice of the diocese of Orleans was then the same ; and that this was the mode of admin- istering the * poor's share ' of Church revenues, with which foreigners, visiting the greater Gallican Churches and reli- gious houses (such as Fleury and Corbey), in the ninth century, would naturally become acquainted. ' Before the doors of a certain crypt (at Fleury) twelve poor men were wont, according to ancient usage, to assemble and receive the supply of their daily needs from the church ; men of such dispositions, that all were associated together in the study of learning, all were clerks {ut omnes literarum socit, omnes clerici essent).^ One of these alms-men was selected by Oswald to wait upon and assist him at mass. It has been intimated that the monks, as * Christ's poor,'^ might themselves advance claims to participate in, even to absorb, the ' poor's share ; ' and it is not doubtful that they did so. The Eastern monks of the fifth century were ordinary sharers in the alms distributed by the bishops •} and the same principle was recognised in the West. In the Decretum of Gratian,^ a chapter entitled ' The Clergy are free to grant Tithes to Monks ^ is represented as taken from a letter of St. Jerome to Pope Damasus ; though no such letter was really written by that Father. I translate the material parts of it : ^ Ducange, in voce * Pauperes Christi'; and Selden : 'The dis- tribution of tenths also to the poor according to the owner's free will (which I take to be consecrations or grants to monasteries, for the monks were usually called /aw/^r^j, and were so indeed by their vow) was expressly complained of, as a great fault of the time, by Pope Innocent III.' {Hist, of Tithes, ch. 6, § 2, p. 78, ed. 1618). - See Moreri, Dictionnaire, in voce 'Moines.' ^ Pars ii., causa xvi., quaest. i, cap. 68. 8o ANCIENT FACTS AND FICTIONS part i ' Inasmuch as whatever the clergy have belongs to the poor, and their houses ought to be common to all, it is their duty to attend diligently to the entertainment of foreigners and strangers {^eregrinorwn et hospitujn). Especially should it be their care to lay out as much as they are willing and able, out of the tithes and oblations which they receive, upon convents and guest-houses {coe?tobiis et xenodochiis). For they are free to grant their tithes and oblations and all other benefits {reinedid)\.o monks and spiritual persons fearing and worshipping God, and to transfer both the ownership and the use of them from themselves to such religious men {de jure suo in domi- nium illorum et usum transferre) ; and in the poor to consider not so much poverty as religion {nee tam in pauperibus paupertatem quam religionem attendere). As to the question which your Holiness has asked, whether it be possible for secular persons to acquire a right to the use of tithes and obla- tions, your Holiness knows that it is quite unlawful ; the divine authority of the canons of our fathers forbidding it. Where- fore, if things which are known to be of divine right shall have at any time been wrongly detained by such persons, and after- wards have passed to the use of monks and servants of God with the consent of the diocesan bishop, they should all be secured to them, and sustained by firm and sure titles for ever.' It may be added, that after the time of Gratian the preach- ing friars regarded so jealously the receipt of tithes or other endowments by the secular clergy, that Gregory IX. ^ found it necessary to forbid them to encourage their hearers to refuse payment of tithes and other things due to churches. * Sexti Decret.y lib. iii., tit. xiii., cap. i : ' Fratribus Prcedicatoribus et Minoribtis: — Discretioni vestrce matidamus^ districtius inhibentes^ ne talia, quce audientes a decimarum, seu aliarum rerum ecclesia debi- tartwty solutione retrahant^ vel alias ani?nas corjtimpant audiejitiu?/!^ in sermonibus vestris vel alibi proponere de catero prcesumatis,'' The Dominican and Franciscan friars (says Selden) ' falsely taught them ' {i.e. tithes) 'not at all payable but arbitrarily as alms, even since paro- chial right in them established' {Hist, of Tithes, ed. i6i8, Preface, p. xiv.) 'By this doctrine' (he adds, in ch. 7, p. 166), 'the Mendi- cants especially often got them to themselves. ' CHAPTER IV TRANSITION TO THE PAROCHIAL SYSTEM § I. Private Oratories. From an early date, private oratories or chapels were built and consecrated upon the estates of powerful laymen. The rule was, that no one should build such a church before the bishop of the diocese came and publicly set a cross on the ground, and marked out the intended precinct {atrium) \ and the founder was required, by an instrument of gift to be produced before consecration, to make reasonable provision for its lighting and due care, and for the wages of those (custodes)^ who should be put in charge of it. ^ Such oratories were, for some purposes, private property, of which the proprietor might dispose as he pleased. The Frankfort capitulars^ (a.d. 794) permitted them to be bought and sold. It was not until a late period, when their character had been changed, that the restrictions upon the rights of founders of churches, stated in very wide terms by Pope Gelasius, and by the ninth Council of Toledo (a.d. 657), were held to be applicable to them. Gelasius^ had said 1 Note, Burchard, lib. iii. ; Canon of Orleans, A.D. 511 (Mansi, Concil.^ vol. viii., 363) ; and see ibid.^ vol. xv. p. 563, and Baluze, Cap. Reg. Fraru., vol. i. p. 1570. ^ |Art. 52), ibid.y vol. i. p. 267. ^ See extracts from two of his decretal epistles, in Gratian's Decretuniy pars ii., causa xvi., quaest. vii., cap. 26, 27. G 82 ANCIENT FACTS AND FICTIONS part i that the builder of a church should not, after consecration, have any private right in it, except that of access to public wor- ship, due to every Christian {prceter processionis aditum, qui omni Christiano debetiir). The canon of Toledo^ is long and special; but its effect is summarised in the gloss of Gratian:^ ' The founders of churches have the right of protecting them, of taking counsel for them, and of finding priests to serve them : but they have no right to sell them, nor to give them away, nor to use them as their own property.' The canon of the Roman Council held under Leo IV.^ (a.d. 848-854), which forbade the taking away of a monastery or oratory, canonically erected, ' from the dominion ' of the founder {a doniinio constructoris\ against his will, and which recognised his right of patronage, might be recon- cilable with either the larger or the more restricted power. Pope Innocent III. (who was in the habit of taking from Gratian his rules of judgment,^ and who exalted to the highest point ecclesiastical against lay authority), in his decretal^ to which the rubric, ^Laymen, even Kings^ cannot give churches or tithes^ nor can a prescription be founded on such grants^ is prefixed, held that if, in the grant of a church, a layman used such words as * I give you such a church,' they must be understood only of his right of patronage ; and that nothing more would pass. ^ Mansi, Concil.y vol. ii. p. 26. * Decretuniy pars ii., causa xvi., quaest. vii., cap. 30. ' Ibid.y cap. 33. * That Pope had a high reputation as a canonist. Van Espen ( OperUy vol. iii. p. 69) says that he used the Decretum of Gratian, as ' the purest fountain of canon law.' — * Atque in Gratiano contenta sine discrimine aut examine^ num sincera vel supposititia sinty integra an mutilata^ in decisionum quaftim ftcndamenta assumat, et secundum ista sine ulla hesitaiione resolvaty etc. * Decret, Greg. IX. ^ lib. iii., tit. xxx., cap. 31, (About a.d. 12 12.) CHAP. IV TRANSITION TO PAROCHIAL SYSTEM Z^ In the ninth century, and later, when the system of lay investitures prevailed, and the see of Rome itself was to a great extent under lay control, the founders of this class of churches practically exercised larger rights. Such churches were liable, like other inheritances, to be divided among co- heirs. At the Council of Chalons^ (a.d. 813) a complaint was made of scandals resulting from that cause. There were sometimes three or four co-proprietors of the same altar, who quarrelled, and each appointed his own priest. To remedy those evils, the council decreed that in such cases the performance of masses should be interdicted, until all the co-heirs were so far reconciled as to agree in the appointment of one priest, who might do the duty of his office without disturbance. Another ordinance (of uncer- tain authorship), found in the collections of Benedict the Levite,2 Regino,^ Burchard,* and Ivo,^ and which was ascribed by Gratian^ to Gregory the Great, provided that if, in any case of division and dispute among co-heirs, the bishop's interposition should prove fruitless, it should be competent to him to determine whether he would allow the churches to remain open, or would remove from them the 'relics' by which they were (supposed to be) sancti- fied. This was converted into a peremptory law by the Council of Tribur^ (a.d. 895) ; decreeing that, ' if co-heirs should be in contention concerning a church belonging ^ Mansi, Concil.^ vol. xiii. p. 98. 2 Lib. v., cap. 99 (Baluze, Cap. Reg, Franc. ^ vol. i.) ^ De discipHnis Ecclesiasticis^ etc., lib. i., cap. 242. ^ Magnum volumen Canonum, lib. iii., cap. 41. ^ Exceptiones Ecclesiasticarum Regularumy part iii., cap. 45. ^ Decretuniy pars ii., causa xvi., qusest. 7, cap. 35. (See, as to all these canonists, Introduction, ante, pp. 10 and 19.) ^ Cap. 32 (Mansi, Concil, vol. xviii. p. 139). 84 ANCIENT FACTS AND FICTIONS part i to them in common, the bishop shall order the holy relics to be taken away, and the church to be shut up, until, by common consent, with the bishop's concurrence, they ap- point a priest to do the duty, with sufficient provision for his subsistence.' By Charlemagne's capitular of Salz^ (a.d. 804), it was enacted, that whoever desired to build a church upon his own property might do so, with the bishop's consent ; but under the condition (repeated in later laws) ^ that ' the more ancient churches should not, on that account, lose their tithes or any other rights.' The great men who built those oratories and chapels, and their vassals or ' villeins ' (for whose benefit and convenience they were usually built), frequented them in preference to the older and more distant churches.^ There was a constant tendency to demand for them increased privileges, and greater independence of episcopal control ; and this pressure, long opposed by the bishops, proved at last too strong to be resisted. But the change did not take place until after the death of Charlemagne. § 2. Ordinances of Louis the Pious ^ and their Results. On the accession of Louis the Pious to the empire, the foundations of the future parochial system were laid at Aix- la-Chapelle, in the great Council of a.d. 816.* The ordin- ances there made were agreed to ' for the benefit of the ^ Baluze, Capit., vol. i. p. 415. 2 ^^^^^ p 52. ' Capitular of a.d. 855 (Baluze, vol. ii. p. 352). ^ Baluze, Capit.^ vol. i. p. 565 ; and see his note, vol. ii. p. 1149: *Ante constitutionem is tarn decimce non pertinebant ad ecclesias noviter fundatasy sed ad antiquiores ecclesias,^ CHAP. IV TRANSITION TO PAROCHIAL SYSTEM 85 whole church' i^pro utilitate totius ecdesice), by an assembly of bishops, abbots, counts, and heads of great Frank families {tnajorum 7iatu Francoru?n), from all parts of the empire. By the fourth article of those memorable laws it was provided that, whatever, since the accession of the Emperor Louis, might have been voluntarily given to the Church by the faithful, and not specially appropriated by the donors, should be divided, in the richer places, into three parts — two for the poor, and one for the clerks or monks; in smaller places, into two equal parts — one for the clergy, the other for the poor. But this division was not to be made when the will of the donors had been expressed to the contrary {nisi forte a daforibus, ubi specialiter dandce. sint, constitutum fuerii) ; — when the donors had given their gifts a particular destination, that destination was to prevail. The ninth article prohibited the appointment of priests to, or their removal from, the churches of lay founders, without the bishop's authority. But it guarded that prohibition by another, forbidding the rejection by the bishop, on any pre- text, of a clerk of good life and sound doctrine, presented by a lay patron for ordination to his own church. The tenth article required, 'that to every church one entire manse, free from all service, should be assigned; and that the priests appointed to the churches should do ecclesiastical service only for their tithes, for the offerings of the faithful, for their houses of residence, for the precincts or gardens adjoining the churches, and for the necessary manse.' For any endowment in land beyond these, they were to render the same services to the lord of the seignory, as would in any other case be due. Subject to those requirements, the eleventh article 86 ANCIENT FACTS AND FICTIONS part i directed, that every church should have its own priest, if means for his support were provided to the satisfaction of the bishop. And by the twelfth article (the most important in its consequences, and the greatest innovation upon the earlier laws of all) it was enacted, that the tithes arising within new townships, in which new churches were founded, might be granted to those churches ; {sancitum est^ de viilis novis^ et ecclesiis in eis noviter constitutiSy ut decimce de Hits viilis ad easdem ecclesias conferantur). Even in Charlemagne's time, episcopal founders^ of new churches had, in some cases, granted the tithes of lands belonging to their sees, by way of endowment, to such churches. But, until these capitulars of Aix, there was no legal power for founders, even with the consent of bishops, to do so to the prejudice of older churches. It was for- bidden by the Imperial laws^ already mentioned. After this new legislation at Aix-la-Chapelle, the endow- ment of new churches with manses and with tithes by lay founders, with the consent of the diocesan bishops, gradually became common. Districts were assigned to the churches so endowed; and those districts, before the end of that century, acquired the name of * rural parishes' {rusticance parochice). Under that name Archbishop Hincmar, in a.d. 874,^ laid down rules for their visitation by his archdeacons. * See the *Form,' No. 11, of Marculfus (Baluze, Capit,^ vol. ii. p. 442), by which a bishop, in the seventh year of Charlemagne's empire, with the consent of his chapter, endowed with two manses, and with arable land and a vineyard, a church built and consecrated by him for four specified townships {villce) which were to regard that as the church to which they were to resort for hearing masses and for baptism and preaching, and to which they should pay their tithes. See post^ Appendix H. ^ Ante, p. 62. ' Mansi, Concil., vol. xv. p. 494 (art. 1-4 and 7). CHAP. IV TRANSITION TO PAROCHIAL SYSTEM 87 By degrees the celebration of all the sacraments and rites of the Church in the churches of those rural parishes, and burials in their consecrated precincts, were allowed by episcopal authority. This change made further legislation necessary, as to conflicting claims to tithes ; as to seignorial rights claimed over those endowments of rural parishes which were not expressly exonerated from them by the capitulars of Aix; and as to the subdivision of those parishes themselves. In the Lombard Laws of Lothair^ (a.d. 830) there is a provision, that the townships, from which each church was to receive tithes, should be defined by boundaries : {^Ut ter- minum habeat unaqucEque ecdesm, de quibus villis decimam accipiat '). Rodolph, Archbishop of Bourges^ (a.d. 850), reciting that ' there were some who neglected to give their tithes to their own churches, where they and their servants heard mass,' decreed that ' all should there give their tithes where their children were baptized and where they heard masses, as should appear, in the bishop's judgment, to be suitable to the circumstances of each case.' The appropriation of the tithes of newly cultivated lands was the subject of a capitular of the Emperor Louis 11.^ (a.d. 867), which provided that the tithes of such lands, when adjacent to those already in cultivation, should be paid to the older church ; (which I understand, in this place, to mean the baptismal or other church already existing, which received the tithes of the lands already in cultivation). But if, at a distance of more than four or five miles, any ' worthy person ' {digna persona) should have recently re- » Baluze, Capit.y vol. ii. p. 340. 2 Mansi, Concil., vol. xiv. p. 954. ' Baluze, Capit.^ vol. ii. p. 364. 88 ANCIENT FACTS AND FICTIONS part i claimed wild or forest land, and should have built a church there with the bishop's consent, he was to be at liberty, when the new church was consecrated, or afterwards, to provide for it a priest, and to endow it with the tithes of the newly reclaimed lands. A canon to the like effect was made by the Council of Tribur^ (a.d. 895). There were in those days some churches, for the mainten- ance of which, with a priest to serve in them, no adequate pro- vision had been made when they were consecrated. Walter, Bishop of Orleans,^ in a.d. 858, made an ordinance in his diocesan synod, that the priests of any churches which had not received the endowments required by the capitulars of Aix-la-Chapelle should represent their cases to the bishop, in order that the lords of the seignories (seniores) might be prevailed upon to make good that neglect. The same ordinance recognised the title of those ' seig- nors ' to feudal services, for such lands as might be given to churches in excess of any legal requirements ; and two con- stitutions, one attributed to the Council of Worms ^ (a.d. 868), and the other made by the Emperor Charles the Bald* in the following year, made the bishops arbiters between the parochial clergy and their lords, in any case of difference between them as to such seignorial rights. The subdivision of rural parishes was regulated by the capitulars of Toulouse^ (a.d. 844). The bishops were for- bidden to divide * the parishes of priests ' (parochias preshy- terorimi) for any other consideration than the people's good. If there were a population so distant from the * principal ^ Mansi, Concil., vol. xviii. p. 139. ^ Ibid., vol. xv. p. 505. ' Art. 58 (which is not in the older manuscripts of the Acts of that Council), ibid.y p. 879. * Baluze, Capit., vol. ii. p. 212 (art. 9). ^ Ibid., p. 24 (art. 7). CHAP. IV TRANSITION TO PAROCHIAL SYSTEM 89 church ' {ecclesiavi principaleni) that women, children, and infirm people could not safely and conveniently resort to it, and yet not so far but that the priest of that church might go there to minister to the people, the parish might remain undivided, and it would be enough, in such a case, to set up an altar (statuatur altare) in that place. But if the people did not desire this, or if it could not conveniently be done, the bishop might, after due consideration, divide the parish; making a proper apportionment of duties and charges between the priests of the old parish and the new.^ The Galilean bishops appear to have acted in matters of this kind by their archdeacons. Archbishop Hincmar,^ in A.D. 874, instructed his archdeacons 'not to unite or divide rural parishes for the friendship, or on the solicitation, of any persons ; nor to put those churches which were accustomed from old time to have priests of their own, {quce ex antiqiw presbyteros habere solitce fuerunt\ under other churches, as if they were chapels; nor to transfer chapels from those churches on which they had been from old time dependent, to other churches.' And he desired a return to be made to him in writing of all those older churches i^quce antiquitus presbyteros habuerunt\ and of the chapels which had been from old time dependent on them {capellas antiquitus illis subject as). Decrees of the Synods of Ravenna ^ (a.d. 877), and of ^ In the modern French law, before the Revolution, when such a division of parishes took place, by the erection of an eglise sticatrsale into the church of a new parish {paroisse) or title {titre), the whole burden of church repair, including the choir or chancel, was thrown upon the parishioners of the new parish, and not upon the tithe liable to the repairs of the old church (Jouy, Prmcipes et Usages, etc., pp. 330-333-) ' Mansi, Condi., vol. xv. p. 494 (art. 7). ' Ibid., vol. xvii, p. 340 (art. 48). 90 ANCIENT FACTS AND FICTIONS part i Metz^ (a.d. 888), make it clear, that the tithes with which rural parishes were endowed were enjoyed beneficially by the priest-incumbents, and did not fall under any rule or custom of quadripartite, or tripartite, or other proportionate division. The Synod of Ravenna ordered that every one should pay his tithes ' to that priest, in whose parish, and under the jurisdiction of whose bishop, he lived; he being appointed by the bishop to receive them ' (^qjiia ad hoc recipiendum ab episcopo suo est constitutus) \ and that no stranger, priest, or deacon (levita), should either carelessly or wilfully seek or accept any gift of these things, which by canonical right belonged to another {alteri jure canonum debita). The Synod of Metz forbade the lord of any seignory {nefno senioru?n) to take for himself any portion of tithes, (de decimis aliqumn portionem) ; ' the priest alone, who served in that place to which of old time the consecration of the tithes had been made {ubi antiquitus decimce fuerunt consecratce), wag to receive them without deduction, ' for his own support, and for keeping in good order the lights and buildings of the church, and providing himself with the priestly vestments, and other things of necessary use for his ministry;' (in sui sustentationem, et ad luminaria concinnanda et basiliccB (Bdificia^ vestimenta quoque sacerdotalia^ et ccetera utensilia suo ministerio congrua, obtinenda). Here we observe two things; — first, the use by that council of the term consecration, in the same sense in which Selden used it, to signify the endowment of particular churches with tithes ; and, secondly, the Continental rule^ 1 Mansi, Concil.^ vol. xviii. p. 78. ^ See Coke, 2nd Institute, p. 653. Van Espen, yiwj Univ. Canon., pars ii., sect. 2, cap. 6, §§ 7, 10 et seq. CHAP. IV TRANSITION TO PAROCHIAL SYSTEM 91 of throwing upon the parish priest, who received the tithes, the obligation to keep the church in repair and find him- self in vestments, etc. ; which rule in England ^ never pre- vailed, except so far as the rectors of parishes, receiving great tithes, were liable for the repair of the chancels of their churches. § 3. Modern Roman Canon Law. In the modern canon law of the Roman Church (the Decretum of Gratian, and the constitutions of later Councils and Popes), the ancient quadripartite^ division of tithes or other Church revenues is hardly (I think only twice ^) mentioned ; and then incidentally or argumentatively, and not as still in practical force and operation. When the churches of rural parishes became endowed with tithes, and those tithes were subtracted from the diocesan funds dis- ^ Coke, 2nd Inst. p. 653 ; and Selden, Hist, of Tithes^ Preface, p. v., ed. 16 18. The modern French law, before the Revolution, threw upon the tithe-owner (where there was no sufficient fabric fund arising from endowments) the repair of the chancel or choir only of the fabric of the church of an ancient parish, and the obligation of supplying lights, vestments, and ornaments ; — an ecclesiastical corporation, \i gros decimateur^ being liable in priority to a lay improprietor, owner of * feudalised tithes.' (See Jouy, Principes et Usages concerfiant les Dimes, Paris 1775, cap. 10, § 2, p. 297.) The repairs of the nave of the church were a burden on the parishioners. 2 Of tripartite or any other mode of division than the ancient Roman, there is no mention at all. * Decret.y pars ii., causa xvi., qusest. I, cap. 63; and causa xxv., quaest. i (Initial position of the First Party). And see Van Espen, Jus Univ. Canon., pars ii., sect. 2, tit. i., cap. 6, § 4 : Quamvis hodie non fiat ea reddituuin ecdesiasticortim divisio in partes, quarum tertia aut quarta cedat fabric ce, etc. In Dauphine there was in force, as late as A.D. 1768, a special custom to apply one twenty-fourth part of the tithes for the benefit of the poor of the parishes in which the tithes arose. (Jouy, ubi supra, cap. 10, § 37, p. 337.) 92 ANCIENT FACTS AND FICTIONS parti tributable under the ancient system, the old baptismal churches naturally sought exoneration, as to the tithes and other endowments which they still retained, from deductions and charges which might have left the wants of their clergy and religious services insufficiently pro- vided for. And, accordingly, they obtained from Rome grants of privileges, authorising them to retain for their own uses the tithes which they received. The validity and effect of such Papal grants to baptismal churches was examined by Gratian in the Decretum} under the form of a contro- versy between a monastery, setting up a Papal exemption from tithes, and a baptismal church, claiming tithes for its own benefit out of lands belonging to that monastery. In the argument for the monastery, the rule of quadripartite division was insisted on ; no one (they contended) was more bound than the Pope to observe ' the decrees of the holy canons ; ' and the conclusion was drawn, that the privilege granted to the clergy of the baptismal church did not entitle them to claim the tithes for themselves {quod auctoritate illius privilegii decimas sibi ex integro vendicare non valeani)? But Gratian's determination^ of the point was, that the ancient canonical rules, as to tithes or other church property, were subject to change, dispensation, and exception, according to the judgment of the Holy See; and, therefore, that 'the clergy of this baptismal church, by virtue of their privilege, might make good their claim to the whole tithes of their "diocese"' {clerici ergo hujiis baptismalis ecclestce, privilegii auctoritate muniti^ suce dioecesis decimas sibi ex integro vendicare valent\ except in the possible case of a bishop being compelled by 'some ^ Pars ii., causa xxv. ^ Initial position of the First Party. * Conclusion of quoest. i, cap. i6. CHAP. IV TRANSITION TO PAROCHIAL SYSTEM 93 extreme necessity' {summa necessitate) to take his fourth part, and of proof being made that the clergy of the bap- tismal church had more than they wanted; {et illi super- abundare monstrentur). Before the end of the twelfth century, the endowment of parish churches with tithes had become so general, that the burden of proof was thrown upon those claiming against them. In the diocese of Beauvais a question arose as to the tithes of newly-cultivated lands in parishes, in which some churches (baptismal or conventual), or other eccle- siastical persons, had from ancient time a right to the perception of tithes; {ad qiiasdam eccksias vel personas ecdesiasticas ab antiquo pertineat perceptio decimaruvi). The determination of Innocent III.^ was, that, 'inasmuch as, of common right, the perception of tithes belonged to the parochial churches ' (^perceptio dectmarum ad parochiales ecclesias de jure communi pertineat), their title to the tithes of lands newly brought into cultivation was clear, unless reason- able proof could be made, by those who received the other tithes, that their title did extend to the newly-cultivated lands. The system, therefore, of modern parishes, endowed (generally) with tithes, had then become well established. I cannot better conclude this narrative, than by a summary of the course and results of this change, taken from the work of Van Espen ; to which I shall add an opinion, given in France early in the eighteenth century, to the Chancellor d'Aguesseau, by magistrates learned in this branch of law, whom that great jurist had thought fit to consult. Van Espen says : ' As time went on, and as the fidelity and integrity of the bishops and their officers in the dispensation of church revenues 1 Decret, Greg. IX. , lib. iii., tit. xxx., cap. 29. 94 ANCIENT FACTS AND FICTIONS part i declined, many dissensions and quarrels arose between the clerks to whom distribution was to be made, and those to whom the duty of making the distribution belonged. The earliest claim asserted by the priesthood was to the offerings made in their own churches ; and when the right to receive and retain these for his own use had devolved upon the priest, separate titles to other kinds of church property began also to be gener- ally acquired ; and a particular portion of lands, of which he was to receive the profits for his own use, began to be assigned to the priest of each church. This, however, did not happen all at once everywhere ; nor was the practice introduced by the decree of any council ; it passed gradually from one to another church.^ ' In the end it became a legal axiom, that the parish priests had a valid claim to the tithes, oblations, and other church revenues arising within the bounds of their respective parishes; and, in this way, the right to receive those profits became annexed, not to particular persons, but to churches, and the titles to them. He who had the title acquired also the right to receive the profits of all that belonged to that title. This system, at last, became universal. A further consequence was, that the title acquired the name of benefice^ because he who obtained it obtained at the same time the right to receive and enjoy its fruits ; and also, because the ecclesiastical office or ministry was regarded as the principal thing, and the right to receive and enjoy the fruits and profits as its accident. Canon- ists, retaining the old designation of " benefice " (which signified an usufructuary right granted to the clergy as " soldiers of the Church "), were accustomed to define it as " a perpetual right granted by the authority of the Church in respect of a spiritual office, to receive and enjoy the fruits, of whatever kind, of ecclesiastical property or things dedicated to God." Divines preferred to say, "A perpetual right of ministering in the Church, granted by the bishop's authority, and having, as inci- dent to it, the right of receiving and enjoying the fruits.'" ^ In another place ^ — * The word peculium probably came to * Van Espen,yMj Univ. Canon. ^ pars ii., sect. 3, tit i., cap. i, §8. * Pars ii., sect. 3, tit. i., cap. i, §§ 11-14. * Pars ii., sect. 4, tit. i., §2. CHAP. IV TRANSITION TO PAROCHIAL SYSTEM 95 be applied to church property granted to clerks for their own use, after the goods of the church had become, by the erection of benefices, divided into certain portions, annexed to par- ticular titles, and separated from the general mass. It acquired that name by analogy to the peculium of the Roman law, which signified property acquired by a slave separately from that of his master, by the master's leave. . . . And since, under this modern system, every beneficed clerk has as ample power of administration, and as free a use, in respect of the portion of goods annexed to his title, as bishops ever had over the estates and goods of their churches, it is not strange that the beneficed clerk should be regarded as the owner {dominus) of his ecclesiastical revenues, and should be commonly spoken of as having the ownership {dofniniwn) of them, or as taking them for his own ; although, in truth, he is but put in charge of them. He obtains over them a power of disposition (in- cluding the right to apply them to his own use), so absolute, as to make him accountable for his stewardship to God alone.' 1 A question arose before the Chancellor d'Aguesseau, between a bishop entitled to the great tithes of a certain parish and the cure of that parish, as to the tithes of lands within the parish, newly brought into cultivation. The magistrates, consulted by the Chancellor, gave their opinion in the bishop's favour, for these reasons -.^ * In the ancient state of the Church all ecclesiastical goods were in the power of the bishop, who distributed them to the priests and other ministers of the Church. The division which succeeded to that ancient state of things irrevocably assigned to each ecclesiastical function and office certain portions of the goods which had composed that common mass ; and this in- troduced what at the present day are called titles to benefices. At the time of that division the bishops, to form their separate estates {leur manses particuliers\ reserved to themselves cer- tain domains and tithes, which they continued to possess by 1 Pars ii., sect. 4, tit. i., § 23. 2 Jouy, Principes et Usages^ etc., cap. 7, § 9, pp. 226-228. 96 ANCIENT FACTS AND FICTIONS part i the same title as when the division was made. It is impossible, under these circumstances, to say that the curds, who got their own proper share {leur partie contingejite) of the common goods, can establish against the bishops a right, by reason of their churches {de leur clocher\ to receive all the tithes of their parishes. That original state of things assures to the bishops a right in perpetuity, as against the cures, to the tithes of each parish so situated. This right of the bishops is not an ex- emption ; for the right of a tithe-owner not to pay the tithe of his own landed property cannot be called exemption from tithes.' ANCIENT FACTS AND FICTIONS PART II.— ANGLO-SAXON CHAPTER I FIRST PERIOD — FROM AUGUSTIN TO THE DEATH OF ARCHBISHOP THEODORE § I. Preliminary. I SHALL refer to the general history of the Anglo-Saxon Church SO far only as it throws light upon the particular subjects which it is my object to examine. That history may be divided into four periods. The first (to which the present chapter relates) occupies nearly a century, from the coming of Augustin in a.d. 597 to the death of Archbishop Theodore in a.d. 690. It is that of the first plantation of the Church by Augustin and his successors, — all but one of them sent, like himself, from Rome. The second begins with Brihtwald, the first of a long line of native Anglo-Saxon primates ; and ends with the restoration of the see of Canter- bury, in a.d. 803, from the position of diminished authority to which it had been reduced by King Offa. This was a period of vigorous, independent growth. The third and longest period, extending over nearly 140 years, from the Council of Cloveshoo (where that restoration was effected) to the primacy of Archbishop Odo (a.d. 941), was one of decay. The fourth and last, from a.d. 941 to the Conquest (a.d. 1066), was marked by a revival of learning, and the estab- lishment of monastic ascendency. ANCIENT FACTS AND FICTIONS § 2. The Original British Church. If I may seem to pass by the history and the labours of the original British Church, it is not because I am insensible to the interest of that subject ; but because the questions of ecclesiastical organisation, customs, and laws, with which I wish to deal, are Anglo-Saxon, not British. Speaking generally, the local succession and organisation of the Anglo- Saxon Church was from Augustin \ it was not a continuation of the succession or organisation of the ancient British Church. It arose out of the conversion, by missionaiy enterprise, of new heathen nations, which had obtained possession of the greater part of England, and had driven into the remoter parts of the island that portion of the British race which they did not exterminate or enslave. And at the outset there was a difference, not of organisation and succession only, but also of rite \ the British Church having its peculiar customs,-^ of which there was on both sides a disposition to exaggerate the importance. ^ By degrees, the natural law, by which the weaker is attracted to the stronger, prevailed.^ The organisation which had for its centre the see of Canterbury was the stronger, ecclesiastically, from its nearer relation to the metropolis of Western Christendom ; and temporally, because, according to the measure of the success of its missionary efforts, it acquired the support of ^ See Haddan and Stubbs, Councils, vol. i. pp. 152-155. "^ Ibid., pp. 108, 126, notes; and see Theodore's 'Penitential,' lib. ii., cap. 9 {ibid., vol. iii. p. 197). ' 'In A.D. 731, all the Scottish and Pictish, and probably the Cornish, Churches had yielded ; but the Welsh still retained their own Easter' {ibid., p. 62, note). The Welsh Churches began to adopt the Roman Easter, etc., between a.d. 768 and 777 [ibid.y vol. i. p. 204). CHAP. I FIRST PERIOD OF ANGLO-SAXON CHURCH loi the governing races. The result, when distinctions of rite had disappeared, was not to make the new organisation fall into the old, but the old into the new. On the other hand, there is no reason to doubt that the influence of the two converging traditions of historical Christianity in this island was to some extent reciprocal; especially when the communications^ of both with the Scottish and Irish Churches (kindred to the British) are taken into account. Some customs of the Anglo-Saxon Church seem to have been borrowed^ from the British; and bishops of the older churches took part in the conver- sion, or reconversion after relapses into heathenism, of some of the Anglo-Saxon kingdoms ; and also in consecrations,^ by which, in particular dioceses, the succession of the Anglo- Saxon episcopacy was kept up. These relations to the British, Scottish, and Irish Churches contributed to give to the Anglo-Saxon Church a character of its own, and to modify or retard the assimilation of its customs and institutions to those of Continental Churches. As to the revenues and territorial arrangements of the ancient British Church, little is known. There was a Welsh custom,* when Giraldus wrote his 'description of Wales ' in the twelfth century, of paying an extra- ordinary tithe, which was divided between the bishop and the ' baptismal church ' (eccksice suce baptismaH\ in the pro- portion of one-third to the former and two-thirds to the ^ Haddan and Stubbs, Councils^ vol. i. pp. 115, 116, note; p. 121, note ; and see Bede, Hisi., lib. v., cap. 22. 2 Haddan and Stubbs, Councils, vol. i. p. 140. ^ Ibid., p. 124 J and vol. iii. p. 106 note, 109. * Descr. Wall., lib. i., cap. 18 (quoted by Baluze, Capit., vol. ii. p. 1065, note). See, as to Welsh baptismal churches, the Laws of Howel the Good (Haddan and Stubbs, Councils, vol. i. pp. 241, 247). 102 ANCIENT FACTS AND FICTIONS part ii latter, on certain special occasions, such as marriages, journeys, or a change of life undertaken by advice of the Church. As to the antiquity of that custom, or as to other customs of the ancient Welsh Church, relating either to tithes or to parochial arrangements, before the end of the eleventh century, we have no certain information. In the 'Laws of Howel the Good,' which belong to the tenth century (and were later than the cessation of the ritual differences which had estranged the Welsh Church from the Anglo-Saxon), tithes are mentioned; in a manner, how- ever, from which we derive little light. In two of the three forms of that code, the 'priest of the household' (second in rank of the royal officers) was to have a third of the king's tithe,^ and the ' priest of the queen ' a third of the queen's tithe ;2 the 'priest of the household' was also to have the tithe of the household.^ The code of the south-western province,* imposing fines by way of penalty upon any persons * fighting within the churchyard,' gave all those fines to 'the abbot' and 'the priests and canons' of the church — from which the inference arises, that at the time when those laws were made, the churches in Wales which had churchyards or burial-grounds were conventual. § 3. Gregory the Great, as to Church Revenues in England, Augustin and several of his coadjutors were monks ; not, however, of the Benedictine order founded in Italy during the earlier part of the sixth century, as has often been asserted. Before that time there were monks and monas- teries, and monastic vows ; there were famous monasteries in ^ Haddan and Stubbs, Councils^ vol. i. pp. 227-231. ' Ibid.y p. 235. 3 Ibid.^ p. 227. * Ibid., p. 243. CHAP. I FIRST PERIOD OF ANGLO-SAXON CHURCH 103 Wales, in Scotland and its islands, and in Ireland. But Bene- dict was the first founder of a regular order of monks, living apart from others, and governed by one definite system of positive rules. The Roman missionaries, when they effected their settlement at Canterbury, did not found a Benedictine monastery;^ they lived together as a college of clergy, the germ of the future chapter of Canterbury Cathedral ; which, until a time later than Dunstan, consisted of canons, under rules less austere and more flexible than that of St. Benedict. Augustin stated to Gregory several questions on which he desired instructions; one of them, as to the diversity of the customs of churches; and Gregory's answer allowing that diversity, and advising Augustin to decide for himself what might be best and most suit- able for the edification of his converts, without holding himself bound by the rules or customs of Rome, has been elsewhere mentioned.^ The answer given to Augus- tin's first question,^ which related to the distribution of the offerings of the faithful, was in conformity with that principle. ' As to bishops' (it was asked), ' how should they live with their clerks ? Into what portions should the offerings made by the faithful at the altar be divided ? How should the bishop conduct himself in the church?' The answer (after referring to St. Paul's Epistle to Timothy as to the conversa- tion and behaviour suitable to bishops) was : ' It is the custom of the Apostolic See to instruct bishops at the time of their consecration, that of all revenues of every kind {de oinni stipendio quod accedif) four portions should be made : one for the bishop and his " family," for hospitality's ^ See Hook's Lives of Archbishops^ vol. i. p. 34 (3rd ed. 1875). ^ Ante^ p. 26, * Bede, Hist.^ lib. i., cap, 27. I04 ANCIENT FACTS AND FICTIONS part ii sake, and the entertainment of others ; one for the clergy ; a third for the poor ; the fourth for repair of churches. But inasmuch as you, my brother, who have been trained in the monastic rules, ought not to be separate from your clergy, you should institute in the English Church, brought so lately by God's help to the faith, the same manner of administration {cofiversationeni) which was in use by our fathers in the very first infancy of the Church {initio nascentis ecclesice\ in which " no man of them said that ought of the things which he possessed was his own ; but they had all things common." But if there are clerks not in holy orders who cannot live single, they should take to themselves wives, and receive stipends outside. For we know that of the same fathers, of whom we have just spoken, it is written that " distribution was made to every man according as he had need." Their pay- ment should be considered and provided for, and they should be kept under ecclesiastical rule, so as to live good lives, and attend to psalm-singing, and keep, by God's help, heart, tongue, and body from all things unlawful. But as for making portions, or showing hospitality, or performing deeds of mercy, what need can there be to speak of such things to those who live in community, when all that they have, beyond their own needs, ought to be applied to pious and religious uses, as the Lord the master of us all teaches ? " But rather ^ give alms of such things as ye have" {quod superest date eleemosynain\ " and all things are clean unto you." ' To suggest^, that Gregory by this answer intended to recommend to Augustin the Roman rule of quadripartite division is to contradict his words. The offerings in ques- tion were those made at the altar of a church, served by a body of men living together as monks in community, with inferior clergy not bound by monastic vows under them. They were first to provide out of their offerings for their common wants and those of their dependent clergy. Every- thing beyond what might be necessary for these purposes was to be used as they should judge most convenient, without ^ Luke xi. 41. 2 See Kennett's Parochial Antiquities (ed. 1818), vol. i. p. 107. CHAP. I FIRST PERIOD OF ANGLO-SAXON CHURCH 105 any partition, for hospitality and works of charity and mercy. It would not indeed have been inconsistent with that advice, if at some later period, and under altered cir- cumstances, the Anglo-Saxon Church had adopted either the quadripartite or any other rule of division. On that point Gregory's instructions left them free; they might either permanently retain the same latitude of discretion which had prevailed generally in Christendom for more than four hundred years from the time of the Apostles, or they might introduce the Roman or some other definite rule. That they did so, is not a thing to be presumed without evidence. As to the quadripartite division, there is no documentary or historical evidence of any kind which can be alleged as showing its acceptance anywhere or at any time in England. That some other definite rule should be adopted in pre- ference was not, perhaps, i priori probable ; but there are documents (belonging to the fourth and last period of the Anglo-Saxon Church) which will require examination when we come to that period; from which some have con- cluded that there was in this country, then or earlier, a tripartite rule of division. In that opinion I do not agree ; but for the present it is sufficient to say, that nothing of that kind can be alleged of earlier date than King Edgar's (or, more probably. King Ethelred's) reign. Whelock,^ the Cambridge editor of Bede in the seventeenth century, connected the name of Theodore, seventh Archbishop of Canterbury, with one of the documents to which I have referred. On that point it is not necessary, and it would not be convenient, to anticipate here what may be proper to be said hereafter. ^ Bede's Hist, (Cambridge 1644), p. 358 ; Whelock's note. I06 ANCIENT FACTS AND FICTIONS § 4. Tithes, The earliest notice of tithes in any document belonging or relating to the Anglo-Saxon Church is in the * second book'^ of a collection of answers or precepts, said to have been given to inquirers by Archbishop Theodore, on a series of ecclesiastical questions. That collection appears to have been made after Theodore's death by a compiler calling himself 'a disciple of the Umbrians,'^ — probably a student of theology in one of the Northumbrian schools, at Wear- mouth or elsewhere in the province of York. Wasser- schleben^ and the late Mr. Haddan and Bishop Stubbs* have agreed in accepting it as authentic; I shall, on their authority, assume it to be so. It is divided into two * books,' each containing chapters arranged according to subjects — the first book * Penitential,' the second of a different character. The precepts so ascribed to Theodore make no pretension to the character of laws or canons : they represent at the most his pastoral teaching upon the points to which they relate. Some of them (as to re -baptism,^ divorce, and re-marriage ^) appear to be at variance with the received doctrine of the Roman and other churches. The effect of the articles as to tithes (in bad Latin, and perhaps corrupt) is this — (i) That no priest is bound to 1 Haddan and Stubbs, Councils, etc., vol. iii. pp. 191, 203. 2 Ibid., pp. 173, 175 (and see vol. i., Preface, xiv.) 3 Die Bussordnungen, etc. (Halle 1851). * Ubi supra. '" Lib. ii., cap. 2, § 12 (Haddan and Stubbs, Councils, vol. iii. p. 192) ; and compare lib. i., cap. 10, § i {ibid., p. 185). " Lib. ii., cap. 12, §§ 5, 8, 19-24 {ibid., pp. 199-201). Compare Howel's Welsh Marriage Laws {ibid., vol. i. pp. 249, 251). CHAP. I FIRST PERIOD OF ANGLO-SAXON CHURCH 107 pay tithes {presbitero decimas dare non cogitur) -^ (2) That in gifts to the Church {tributum ecdesice) the custom of the province should be observed ; but so, that no force be put upon the poor as to tithes or anything else {ne tantutn pauperes inde^ in decimis aut in aliquibus rebus^ vim patien- tur)-^ (3) That it is not lawful to give tithes, except to the poor and strangers, or laymen to their own churches (decimas non est legitimum dare nisi pauperibus et pere- grinis^ sive laid suas ad eccksias).^ The first of these articles occurs in a chapter relating to the powers, duties, and obligations of bishops, priests, and deacons, and headed, * Of the three prindpal degrees of the Church ' ; the other two in the concluding chapter, * Of divers questions.^ They are negative rather than positive : they put the payment of tithes on the footing of custom,\ depending for its observance upon episcopal or clerical \ influence rather than ecclesiastical censures. Of a division ) into portions between bishop, clergy, fabrics, and poor, or for any of those objects, they afford no indication; — rather the reverse. What were the churches described as those of laymen, to which tithes might be paid by them, is not clear ; they might be oratories built upon their estates, or (as I should rather be disposed to think) those convent- ual or baptismal churches whose public ministrations they ought properly to have attended. In the History of Bede there is only one passage mak- ing mention of tithes. This occurs in the account which he gives of Bishop Eadbert,* St. Cuthbert's successor at Lindisfarne ; ' a man remarkable for his knowledge of the ^ Haddan and Stubbs, Coundls, vol. iii. p. 191 (lib. ii., cap. 2, § 8). 2 Ibid., p. 203 (lib. ii., cap. 14, § 9). ' Ibid. (lib. ii., cap. 14, § 10). ^ Bede, Hist., lib. iv., cap. 29. io8 ANCIENT FACTS AND FICTIONS part ii Scripture, and his observance of the divine commandments, and (most of all) for his alms-deeds, which were such that, in every year, he gave to the poor a tithe, not only of his beasts, but of all his corn and fruits of trees, and of his garments also.' Bede evidently regarded this as an instance of more than ordinary virtue. § 5. Ecclesiastical Organisation, Gregory the Great considered it to be within his power (whether as founder of the Anglo-Saxon Mission or as Patriarch of the West, for he repudiated the title of ' Uni- versal Pope ') to regulate for all Britain the future episcopal organisation.^ This he did by conferring on Augustin him- self, during his lifetime, the primacy over the whole island, directing him to ordain for his own province twelve bishops, and to consecrate and send to York another bishop, who, ^after the conversion of that city and the country near it, j should himself ordain twelve other bishops, and become a metropolitan, receiving the pall, but being subject, as long as Augustin lived, to his superior authority. After Augustin's death, London was to become the metropolitan see of the southern province, without any superiority over the metropolitan of York; each metropolitan taking pre- cedence of the other according to the date of his consecra- tion. These instructions were not acted upon. The see of Canterbury, if not by the positive appointment of later Popes, by a practice to which they gave such sanction as was implied in sending the pall to Augustin's successors, 1 Letter of Gregory to Augustin (22nd June a.d. 601), sent with pall (Bede, Hist.^ lib. i., cap. 29 ; Haddan and Stubbs, Councils, vol. iii. pp. 29, 30). CHAP. I FIRST PERIOD OF ANGLO-SAXON CHURCH 109 retained its metropolitan character, which was never trans- ferred to London ; and it also retained (though without any practical assertion until Theodore's time ^) the primacy over all England. The scheme of two archbishops and twenty- four bishops was not capable of being at once realised ; the heathen must first be converted, and some 7iiodus vivendi must be arrived at with the remnants of the British Church ; which was never done at all as to the regions north of the Forth and Clyde, nor (in Anglo-Saxon times) as to Wales ; and was only done gradually in other parts of England. The only bishoprics established by Augustin himself (be- sides Canterbury) were Rochester and London. It was not till the time of his fellow-labourer and third successor, Justus, that the first steps were taken for the conversion of the country beyond the Humber. Paulinus^ was then (a.d. 625) consecrated to York, and, after he was forced to leave the northern province for Kent, he received the pall (which was not sent to any of his successors in that see before Egbert, in the middle of the next century) ; but he consecrated no other bishops for the northern province. On the accession of Honorius to the archiepiscopate in A.D. 627, there were thus four bishoprics only of the Anglo- Saxon rite in the island \ and even of these, one (London) was practically in abeyance, for the kingdom of Essex had relapsed into heathenism, and had expelled its bishop, Mellitus, some years before ; ^ and the same thing not long afterwards happened in Northumbria, from which Paulinus also was expelled.^ Of the kingdoms of the (so-called) Heptarchy, East Anglia, Wessex, Mercia, and Sussex were still heathen. Under Honorius, the Kings of East ^ Bede, Hist.^ lib. iv., cap. 2. 2 Haddan and Stubbs, Councils^ vol. iii. p. 75. * Ibid., p. 66. ^ Ibid., pp. 86-88. no ANCIENT FACTS AND FICTIONS part ii Anglia and Wessex were converted, and two new sees ^ were erected, at Dunwich in Suffolk, and Dorchester in Oxfordshire; the latter see being soon afterwards, during the same primacy, removed to Winchester. ^ The conver- sion of Mercia was begun in the time of the next primate ; not, however, under his authority, but by Finan of Lindis- farne, who was of the British succession,^ and it was during the vacancy of the see of Canterbury, after that archbishop's death, that another new bishopric was established for Mercia."* Thus, when Theodore succeeded to the primacy, there were five suffragans only under Canterbury, and one bishop only of the Anglo-Saxon Church in the northern province.^ Theodore was the first to assert and exercise, with the assent and support of the rulers of the professedly Christian kingdoms on both sides of the Humber, and their subjects of the Anglo-Saxon rite, the authority of primate and metro- politan of all England;^ and he formed the design of subdividing the greater sees. He assembled at Hertford^ (a.d. 673) a general synod of the Church, and proposed for ^ Haddan and Stubbs, Councils, vol. iii. pp. 88-91. ^ Ibid., p. 127, note. ^ Ibid., pp. 93-98 ; and Hook, Lives of Archbishops, vol. i. p. 120. ^ Bede, Hist., lib. iv., cap. 3; Haddan and Stubbs, vol. iii. p. 96. Dean Hook says that the first Mercian see was at Repton, and that it was removed to Lichfield under Theodore {Lives of Archbishops^ vol. i. p. 121). ^ ' The whole of England, except Kent, East Anglia, Wessex, and Sussex, was, at the beginning of A. D. 664, attached to the British Com- munion, and Wessex was under a bishop, Wini, ordained in Gaul, and in communion with British bishops (Bede, lib. iii., cap. 28). Sussex was still heathen. So that Kent and East Anglia alone remained com- pletely in communion with both Rome and Canterbury.' (Haddan and Stubbs, vol. iii. p. 106, note.) • Bede, Hist., lib. iv., cap. 2. "^ Ibid., cap. 5. CHA P. I FIRST PERIOD OF ANGL OS AX ON CHURCH 1 1 1 its acceptance, amongst other things, a resolution to the effect ' that the number of bishops should be augmented as the number of believers increased.' ^ This, after discussion, was left undecided ; probably because it encountered opposi- tion from the Bishop of Lichfield, who was present, and was known to be unacceptable to Wilfrid of York (a man of great zeal and energy, and tenacious of power), who was absent, but represented by proxies. Theodore, however, did not relinquish his design. He procured the removal ^ of both those bishops from their sees ; and with the concurrence of the civil rulers of Northumbria, East Anglia, and Mercia, he established in the north two new bishoprics, Hexham and Lindisfarne,^ and in the south five (if not six) — Elmham, Lindsey, Hereford, Worcester, and Leicester.* Whether he did or did not then revive the see of Dorchester in Oxfordshire is a controverted point.^ In Wessex he did not himself divide the see of Winchester ; but it is probable ^ that he contem- plated its division after the death of the then bishop, Heddi, who was his friend, and who survived him ; dying in, or shortly before, a.d. 705 ; when the see of Sherborne was established.'^ The kingdom of Sussex continued heathen till A.D. 684-86, when its king and many of the people were 1 Bede, Hist., lib. iv., cap, 5 (art. 9) ; Haddan and Stubbs, Councils ^ vol. iii. pp. 120-122. 2 As to Winfrid, the deposed Mercian bishop, see Wharton, Anglia Sacra, vol. i. p. 423 ; and Bede, Hist., lib. iv., cap. 5. As to Wilfrid of York, ibid., cap. 12 ; and see \i\s>Life, by Eddius (Gale, Script. XX., cap. 24-33) ; and Bede, Hist., lib. v., cap. 19. ' Ibid., lib. iv., cap. 12 ; Haddan and Stubbs, vol. iii. pp. 125, 126. ^ Wharton's Anglia Sacra, vol. i. ubi supra (a.d. 676, 678, 679) ; Haddan and Stubbs, vol. iii. pp. 127-130 ; Bede, Hist., lib. iv., cap. 5 ; Florence of Worcester, App. ad Chron. ^ Haddan and Stubbs, Councils, vol. iii. p. 130, note. ^ Ibid., pp. 126, 127, note. ' Ibid., pp. 267, 275, 276. 112 ANCIENT FACTS AND FICTIONS part h converted by Wilfrid,^ who took charge of it at that time as bishop; but it was not till a.d. 711, after Theodore's death, that Selsey became the seat of a settled bishopric for that kingdom. 2 The history thus summarised will enable any one to judge of the probability of the statements, for which there .is no ancient authority, but which were made by chroniclers of later ages, and have been repeated by more recent writers, as to the introduction into England of what is now known as the parochial system, — by Honorius accord- ing to some ; according to others by Theodore ; — in either case, more than a century before the foundations of that system were laid on the other side of the Channel, by the capitulars of Louis the Pious at Aix-la-Chapelle.^ The author of the tradition ascribing the origin of that system to Honorius appears to have been Archbishop Parker, or Josceline his secretary, to whom Selden* ascribed the authorship of the work commonly attributed to that archbishop ; rightly calling it a ' History of the Archbishops of Canterbury '; though its title is '.Of the antiquity of the Church of Britain.'^ It is not improbable, that the arch- bishop may have prepared the materials for that work, from the great collection of monastic and historical manuscripts which the dissolution in his time of the religious houses enabled him to make, and which he bequeathed to Corpus Christi College, Cambridge; and that he may have employed in their arrangement the hand of Josceline, which is seen in marginal and other annotations on some of those manu- scripts, and also on others belonging to the Cottonian * Bede, Hist.^ lib. iv., cap. 13. ^ Ibid., lib. v., cap. 18. » Ante, p. 85. •* Hist, of Tithes, ch, 9, § 3. " P'irst published a.d, 1572 (three years before the archbishop's death). CHAP. I FIRST PERIOD OF ANGLO-SAXON CHURCH 113 collection. The passage as to Honorius,^ in this work (whether Parker's or Josceline's), is : 'He not only placed bishops over the Church, as chief keepers of its bulwarks, but he was also the first who, dividing his province into parishes, appointed ministers unto them [fieque solum episcopos^ ta7iquam superiores turrium custodes^ ecclesice superimposuit^ sed etiam provinciam suam primus in Parochias dividens. inferiores ministros ordinavif) ; whom also he frequently instructed and exhorted, that they should teach God's people, gently and patiently, not by their doctrine only, but also by the goodness of their lives ; knowing that un- believers are thus more easily converted, than by severity of reproof or austerity of manners.' To the same source may, with great probability, be traced a statement to the same effect in Stow's Annals^ a work published soon after that of the archbishop or his secretary. Stow was, like Josceline, a learned antiquary, and made large collections from ancient documents ; and Archbishop Parker was his patron. Under the year a.d. 640 (when Ercombert, King of Kent, is stated by him to have * first suppressed the temples of the idols '), he said : * It is recorded in the antiquities of Christ's Church in Canterbury, that about this time Honorius, Archbishop of Canterbury, divided his province into parishes.' Camden,^ in the chapter of his B?'itannia which relates to ' the division of Britain,' has a passage to the like effect : * As to the Ecclesiastical Government, after the Bishop of Rome* had assigned to each presbyter his church, and set them 1 De Antiqtiitate, etc., p. 52 (ed. 1605). 2 Page 59 (Howes' ed. 1631). ^ Vol. i. p. ccxxviii. (ed. 1722). ^ It has been seen, in the first part of this work, that the modern system of parishes, on the Continent of Europe, did not grow up till much later. 114 ANCIENT FACTS AND FICTIONS part ii over distinct parishes, Honorius, Archbishop of Canterbury, about the year of our Lord 636, first began to divide England into parishes, as we read in the Canterbury History.' The Britannia was published soon after the works of Parker (or Josceline) and of Stow ; and Camden pur- chased Stow's collections from ancient manuscripts, etc. Whether, by the Canterbury History^ he meant the work of Parker or Joscehne, or the record of 'the antiquities of Christ's Church in Canterbury,' to which Stow referred, may be doubtful. Bishop Godwin,^ in his work on 'the Bishops of England' (published a.d. 161 i), followed these authorities. Selden, in his History of Tithes ^^ made observations upon these statements, which (but for the disposition of later writers of different political and ecclesiastical sentiments to disregard his authority) might have been sufficient to prevent their repetition afterwards. After speaking of the community of life, and of goods, between the bishops and clergy in Augustin's time (Honorius had been one of Augustin's own companions), he said : * Yet it is commonly received that Honorius, about the year 630, first divided his province into parishes. And in the late history of the Archbishops of Canterbury, written by Mr. Josceline, it is thus delivered of him' (quoting the passage). ' And according to this have some of our greatest and most learned writers ^ related. But I doubt much how it can stand with truth. For, if parochice be here meant only for such as were assigned limits for those which were sent arbitrarily from the bishop, out of the number of his ^ De PrcESuHbus, etc., p. 40 (ed. 161 1). * Ch. 9, § 3. Bishop Kennett, in a.d. 1704 {Case of Impropria- tions, p. 4) took the same view with Selden. 3 Evidently referring to Stow, Camden, and Godwin. CHAP. I FIRST PERIOD OF ANGL O- SAXON CHUR CH 115 chaplains or his clerus, residing for the most part in those elder times with him at his bishopric, then, clearly, Honorius was not the first that made division of them. Such kind of parochice are even near as ancient as bishoprics ; and, questionless, in Augustin's time. How could, otherwise, God's service be orderly had in the infancy of the Church ? And, whenever several churches for Christian service, or other places for holy assemblies began, then began such parochice. . . . If, on the other side, parochice be taken for what it is usually understood, that is, for such limits as now make parishes, bounded as well in regard of the profits received from the parishioners (due only to the minister of that church), as of the incumbent's function and residence, — how will that stand with the community of ecclesiastical profits, and the bishop's and his clergy's living together, that may be without much difficulty discovered also, out of Bede, to have continued after Honorius also ? But, wherever that testimony of his dividing parishes was first found, I doubt it was misunderstood, through the various signification of parochia. For, in those ancient times, parochia usually denoted as well a bishopric or diocese, as a less parish. . . . And the truth is, that it may be said, properly enough, that Honorius was the first under whom his province was divided into such parochice or bishoprics ; that is, no other bishoprics, except Canterbury, London, and Rochester, were in his province until his time ; these three being almost of one antiquity.' Notwithstanding this criticism of Selden, Sir Henry Spelman,^ in his Councils (published a.d. 1639) repeated in terms Stow's statement, referring expressly to Stow; and Hume ^ in the first part of his History of England (^v\^\\^^^ A.D. 1 761) repeated that of Josceline or Parker. Dr. Lin- gard,^ a more critical writer than Hume, thought the tradition as to Honorius reconcilable with the statement which the editors of Bede, Whelock and Smith, had extracted from the ^ Concil.y vol. i. p. 152 (ed. 1639). 2 History of England ^ vol. i. p. 65 (Oxford ed. 1826). ^ Antiquities of Anglo-Saxon Church, vol. i. pp. 92, 93. ii6 ANCIENT FACTS AND FICTIONS part ii chronicler Elmham as to Theodore ; saying (in his Antiqui- ties of the Anglo-Saxon Churchy pubUshed a.d. 1806) that — * The inconvenience of the desultory method of instruction was soon discovered ; and Honorius of Canterbury is said to have first formed the plan of distributing each diocese into a proportionate number of parishes, and of allotting each to the care of a resident clergyman.^ To Archbishop Theodore belongs the merit of extending it to the neighbouring churches, from which it was gradually diffused over the remaining dioceses.' 2 It is probable, that no one will now be found to refer the origin of our modern parishes to Honorius; but it is otherwise as to Theodore; though if such a ques- tion depended on modern authority, those in favour of the tradition as to Honorius are as weighty as any who can be appealed to for that as to Theodore. We cannot now verify the reference of Stow and Camden to the 'antiquities of Christ Church in Canterbury;' but they can hardly have been less ancient than the monastic chronicle of St. Augustine's Abbey in Canterbury, written by Thomas of Elmham, a monk of that house, in a.d. 1414, 724 years after Theodore's death; which was quoted from a manuscript (then in the library of Trinity Hall, Cambridge, and published for the first time in A.D. 1848 by the late Archdeacon Hard wick) by Whelock ^ in his edition of Bede's History^ published a.d. 1644, without, however, mentioning Elmham's name; and this is the sole foundation upon which later writers have ^ He refers for this to Godwin and Spelman. 2 He refers to Smith's Bede, p. 189, note ; and Whelock's Bede, p. 399 note, of which he repeats the substance as taken by Whelock from Elmham. Smith's note follows Whelock's ; naming, however, Elmham as the authority. * Bede, Hist. (Cambridge 1644), p. 399 ; Whelock's note. CHAP. I FIRST PERIOD OF ANGLO-SAXON CHURCH 1 1 7 attributed the origin of modern parishes to Theodore. Elmham^ wrote thus : ' The most pious Theodore, with the consent of the rest of the bishops and other holy fathers, conferred the power in all the cathedral cities of whatever province {in quarufnlibet pro- vinciaru7n civitatibus) and in all townships {necnon milts) of building churches and making separate Tp2ins\its(J)aroedas dtsti7t- guendt), obtaining also for them the royal assent, so that all men of sufficient estate, whose devotion led them to build churches in God's honour upon their own lands, might for ever enjoy the patronage of those churches ; but if any built them within the limits of other men's lordships, such churches were to be in the patronage of the lord of the land on which they were built.' The words, ' with the consent of the rest of the bishops and other holy fathers,' suggest synodical action ; and we are in possession of the Acts, well authenticated, of the only two synods held under Theodore; for Bede, who pre- served these, would certainly have preserved any others, if such there had been. The Acts of the Council of Hatfield ^ (the later of the two), subscribed by all the bishops present, relate to doctrine only. Those of the Council of Hert- ford^ (a.d. 673) relate to church government and discipHne; and their tendency, so far from confirming, is to discredit Elmham's statement. TYiQ vfoxd parochia is used in two* of the * canons ' or articles of that Council; the one providing that no bishop is to invade another bishop's diocese [parochiam) ; the other that no foreign bishop or clerk is to perform any priestly office without the permission of the diocesan bishop {episcopi in cujus parochia esse cognoscitur). The word^ therefore, in the Acts of that Council, meant only a diocese ; and, as we have already seen, one of the sub- 1 Hardwick's ed. (1858), pp. 285, 286. 2 Bede, Hist.y lib. iv. cap. 17, 18. * Ibid.y cap. 5. ^ The second and sixth. ii8 ANCIENT FACTS AND FICTIONS part ii jects then discussed, though not decided, was as to the increase of the diocesan organisation (uf p lures episcopi^ crescente numero fide Hum, augerentur)} In the other articles there is no hint of any territorial subdivision of duty among the clergy of the priestly order. The article ^ which most nearly approaches that subject has a contrary aspect : * Let no clerk, leaving his own bishop, go about everywhere as he may please, or be received wherever he may come, without commendatory letters from his own bishop. If, after being so received, he is unwilling to return, he who receives him, as well as himself, shall be liable to excommunication.' There are two^ articles as to monasteries ; one of them is against the unauthorised migration of a monk from monastery to monastery. Besides these synodical Acts, we have Archbishop Theodore's collected precepts, if the ' Penitential,' published by Wasserschleben,* and the ' second book ' appended to it, are really his. In the Penitential, penances are prescribed for monks, priests, and other clerks ; but nothing is there which implies such a distinction as that between parish priests and others ; no penalty of deprivation or suspension, as distinguished from degradation. The only article^ which refers to a priest's assigned sphere of local duty (such as Selden truly says there must always have been) calls it his * province ' {provmcia\ not parish : 'If any priest, either in his own province or in another's, or anywhere, shall be found guilty of refusing, even on the ground of his having to go a long way, to baptize a sick person recom- mended to him for that purpose, and so that person die unbaptized, let him be degraded ' {deponatur). 1 The ninth article. ^ Fifth article. * Articles 3 and 4. * Die Bussordnungen der Abendldndischen Kirche (Halle 1881). " Lib. i., cap. 9, §7 (Haddan and Stubbs, Councils^ vol. iii. p. 185). CHAP. 1 FIRST PERIOD OF ANGLO-SAXON CHURCH 119 There is also an article^ in this Penitential, showing that the ecclesiastical organisation of the province of Canterbury (the y^ox^ provincia is there used in that sense) did not, in Theodore's time, admit of public penances ; and, for that reason, there was to be no public reconciliation of peni- tents. The 'second book' of the same compilation contains chapters on *the service of the church, and its rebuilding;'^ on 'the three principal degrees of the church;'^ on 'the ordination of divers persons ;'* (which extends to the conse- cration of abbots, abbesses, and monks) ; on ' baptism and confirmation;'^ on 'the mass of the dead;'^ on 'abbots and monks, or monasteries ;'^ (which extends to the election and deprivation of an abbot, the obligation of an abbot to allow the advancement of a monk of his house to the episcopate, and the obligation of a monk ordained priest to return to the monastery); and on 'various' other ^ ecclesi- astical 'questions.' Not one of the articles, in any of those chapters, deals with the position or duties of a parish priest, or implies that a definite office and charge of that kind then existed. Two recent writers who have accepted Elmham's state- ment as evidence of the formation of parishes of the modern sort by Theodore — Mr. Soames^ and Dean Hook^^ — have embellished that statement by some addi- tions ; such as, that the institution was founded on some- thing similar, with which Theodore 'had been familiar ^ Lib. i., cap. 13, § 4 (Haddan and Stubbs, Councils ^ vol. iii., p. 187). 2 Jli^^^ p^ igo. 3 Ibid,, p. 191. * Ibid., p. 192. ^ Ibid., p. 193. ® Ibid., p. 194. ^ Ibid., p. 195. 8 J^d^^ pp, 202, 203. ^ History of Anglo-Saxon Church (2nd ed. 1838), vol. i. p. 119. ^" Lives of Archbishops (3rd ed. 1875), vol. i. p. 152. I20 ANCIENT FACTS AND FICTIONS part ii in the Greek Church;' that it was 'an oriental system,' following the principle of laws enacted by the Emperor Justinian. Mr. Soames saw, in the mere fact of the con- secration of two noblemen's churches by John, a northern bishop of that time, which Bede mentions (and I see no reason to doubt that there were at the same time other such churches, built by other private landowners on their own estates), evidence that ' this judicious policy had ' (in those cases) ' proved effective ; ' though he added, * that the system had been in operation for ages before every English estate of any magnitude had secured the benefit of a church within its boundary;' and that 'this very lingering process has thrown much obscurity around the origin of parishes.* It might have been supposed, by a reader unacquainted with Bede's text,^ that there was in Bede some reference to the 'judicious policy' ascribed to Theodore, or some- thing in Bede's narrative of the consecration of those churches to connect them with territorial arrangements identical with, or similar in principle to, those of parishes, in the modern sense of that word. But it is not so. They were instances of consecrated oratories, built by Northum- brian noblemen on their estates, and nothing more. There is nothing, in Bede's mention of them, by which they could be distinguished from the churches of that class, which were common under the Frank kingdom and empire before the introduction of the parochial system. The silence of Bede, who devoted a considerable space in his History to the acts of Theodore, appears to me to be strong nega- tive proof that no such novelty in the organisation of the Church as Elmham ascribed to him was introduced by that prelate. ^ Ilist., lib. v., capp. 4, 5. CHAP. I FIRST PERIOD OF ANGL OS AXON CHUR CH 121 Lappenberg ^ appears to have thought that ' the earliest parish churches' in England were 'first erected in the south, under Archbishop Theodore ; and about a century later, that is, before and during the time of Egbert, Arch- bishop of York, in the northern parts of England.' I shall not here consider what was done in the eighth century ;2 but for Lappenberg's distinction between the north and south there is no warrant. The two instances mentioned by Bede,^ on which Mr. Soames laid stress, were in the north (in Yorkshire), not in the south. Mr. Haddan and Bishop Stubbs say ^ that there * were no settled parishes in North- umberland in the time of Cuthbert, a.d. 670 ; nor in the beginning of Egbert's pontificate, a.d. 734.' Elmham, on whom alone the tradition rests, makes no such distinction ; and, as to some churches on the coast of Essex (to which Bede's statement^ that Cedda 'set up churches, and ordained priests and deacons for them in some places among the East Saxons,' relates), Lappenberg^ himself thinks that they were similar to four baptismal churches founded in Holstein, soon after its conversion, by the Anglo-Saxon Willehad, ^fro7?i tJie districts of which the later parochial division was established.^ That the modern parochial system may have been developed by some modification and adaptation of the principle on which districts were assigned to the old bap- tismal churches, I have myself suggested, in the former part of this work -^ and it is not to be doubted that the churches of the great monasteries which were founded in England in * History of England under the Anglo-Saxon Kings (Thorpe's translation, 1845), vol. i. p. 196. 2 See post, p. 129. ^ Hist., lib. v., capp. 4, 5. * Haddan and Stubbs, Councils, vol. iii. p. 122, note. ^ Hist., lib. iii., cap. 22. ^ Ubi supra, p. 197. ^ Ante, p. 61. 122 ANCIENT FACTS AND FICTIONS part ii and shortly before Theodore's time were baptismal churches, similar (generally) to those of the Continent. But, although the parish system may have been a development, springing out of the older system of baptismal churches, it is never- theless very remote from the truth to describe the two systems as the same. My conclusion is, that Mr. Haddan and Bishop Stubbs were certainly right, when they set aside Elmham's statement (as Selden set aside those of Josceline or Parker and Stow), as having grown 'out of a confusion between the ancient and modern senses of the word parochia. 'Theodore,'^ (they say) ' who certainly constituted dioceses, — the identical dioceses, with a few exceptions and subdivisions, that exist at the present day, — may have been thence inferred to have constituted parishes.' The conception of the modern parochial system is unsuitable to any other than a settled church, in a settled country. The completion of the diocesan system must come first. That was Theodore's work. The country was unsettled. Mercia had been con- verted only just before the commencement of his primacy. Northumbria and Essex had very recently required re- conversion from relapses into heathenism ; and, in^ those cases, the work had been done by missionaries of the British and not of the Anglo-Saxon Church. Sussex ^ was not con- verted until Theodore's own time \ this also was done, not by any regular, but by an irregular missionary effort. It is not reasonable to believe, on evidence no better than the statement of a monk of the fifteenth century (who, if he had 1 Haddan and Stubbs, Councilsy vol. iii. p. 122, note. (See also ibid, p. 114, note.) 2 Ibid.^ pp. 91, 93, 94, 96, 109 (from Bede). " Ihid.^ P- 167 (from Bede). CHAP. I FIRST PERIOD OF ANGLO-SAXON CHURCH 123 access to Canterbury records, may have honestly misunder- stood them, as Josceline and Stow did in the succeeding century), that Theodore anticipated, under circumstances so Httle suggestive of them, developments, which in older Churches of the Continent were reserved for a later age. CHAPTER II SECOND PERIOD BEDE, BONIFACE, ARCHBISHOPS CUTHBERT AND EGBERT; KINGS INA, WIHTRAED, OFFA § I. Introductory The primacy of Theodore introduced a new era in the Anglo-Saxon Church. By him the metropohtan authority was firmly established; the diocesan organisation was all but completed; the practice of holding national synods was introduced. Under him, and his coadjutor Abbot Adrian, schools, not of ecclesiastical only but of classical learning, were successfully planted in the great religious houses, which, during and just before that time, began to arise. Canterbury,'^ York, Peterborough,^ Malmesbury,^ Abingdon,* Wearmouth,^ Glastonbury,^ Evesham,^ and Crowland,^ became centres of light to the Church, and to people of all ranks cities of refuge, fortresses of humanity and civilisation. It was in Theodore's time that Bede, a child seven years old, was placed under the care of the first Abbot of Wearmouth; there, or in the affiliated monastery of Jarrow, he received his education. Ald- ^ There was a school at Canterbury as early as the time of Honorius {Bede, lib. iii. i8). 2 Founded about a.d. 650. » About a.d. 675. ^ About A.D, 675. ^ Founded, about a.d. 673, by Benedict Biscop, who came with Theodore from Rome, and was for some time Abbot of Canterbury. * Anglo-Saxon foundation (there had been an earlier British) about A.D. 680. ^ A.D. 709. ^ A.D. 716. CHAP. II SECOND PERIOD ANGLO-SAXON CHURCH 125 helm,^ the first Bishop of Sherborne (whom Lappenberg and others have regarded as Bede's equal in scholarship, and his superior in practical wisdom), was a pupil in the schools of Malmesbury and Canterbury. These men, and others like them, handed on the lamp of learning to Egbert, Prince -Archbishop of York, Alcuin's teacher, and founder of the famous library at York which Alcuin has celebrated in verse, ^ where were found the works of Aristotle, Cicero, Pliny, Virgil, and Lucan, as well as a large store of ecclesiastical literature. The Anglo-Saxon Church stood no longer in need of foreign rulers ; from the death of Theodore to the Conquest it was governed in both pro- vinces by native prelates, and acquired a national char- acter. Its light and influence extended to the continent of Europe,*'^ where the Galilean and other Churches had for a short time fallen behind it in the race. Early in the eighth century it sent missionaries to the pagan races of Friesland and other parts of Germany,^ the greatest of whom was Boniface. It gave Alcuin to the Frank kingdom, to be the restorer of letters in France, and the instructor, minister, and friend of the hero of the age. The writings ^ See his Life, by William of Malmesbury (reprinted in Wharton's Anglia Sacra^ vol. ii. pp. 1-49). See also Hook, Lives of Archbishops, vol. i. p. 180. 2 William of Malmesbury, Gesta Regum (Hardy's ed. 1840), p. 93; and see Hook's Lives of Archbishops (3rd ed.), vol. i. pp. 165, 166. Archbishop Egbert was brother to one of the Kings of Northumbria, who, after an honourable reign of some years, retired and adopted the monastic life. ^ See Alcuin's verses (a.d. 793) in Haddan and Stubbs, Coutuils, vol. iii. p. 478 ; King Alfred's Preface to his translation of Pope Gregory's Pastoral (Wise's edition of Asser, Oxford 1722, pp. 87-90) ; Wasserschleben, Preface to Bussordnungen, etc., p. iv. * See Hook, Lives of Archbishops y vol. i. (3rd ed.) pp. 235-237; Haddan and Stubbs, Councils, vol. iii. pp. 302, 303, etc. 126 ANCIENT FACTS AND FICTIONS part ii of Anglo-Saxon scholars and divines, from Theodore downwards, became (probably by Alcuin's means) well known to and highly esteemed by Continental Churches. § 2. Monastic Baptismal Churches. I postpone the subject of tithes (which in this second period does not emerge till towards its close) to deal first with the question, whether there were parishes, of the modern sort, in England during the eighth century ? There is evidence in my judgment sufficient to justify the conclu- sion that there were not. As on the Continent ' baptismal churches,' generally conventual, were an institution inter- mediate, in order of time as well as in ecclesiastical func- tions, between dioceses and parishes of the modern sort, so in England were the monasteries ^ of canons or monks, and their churches. It was upon these (which included cathe- dral churches) that the administration of the offices of religion to the lay people practically depended during the eighth century, and for a considerable time afterwards. Of laws, during the primacy of the first Saxon arch- bishop, Brihtwald (a.d. 693-731), we have the code of Ina in Wessex (about a.d. 690), and of Wihtraed in Kent (about A.D. 694). Under the three next primates, Tatwine, Nothelm, and Cuthbert (a.d. 731-758), we have the letters of Boniface and Bede, and the Acts of the Provincial Synod of Cloveshoo, held under Archbishop Cuthbert in a.d. 747. All these contain evidence — direct or indirect, scanty or full — of the actual state of things \ and neither there, nor in any other part of the ecclesiastical literature of that time which has been preserved to us, is there any trace of a ^ Lappenberg (Thorpe's translation, 1845, pp. 191-195). CHAP. II SE COND PERIOD ANGL OS AXON CHUR CH 127 parochial system, or of the existence of parishes, in the modern sense. Whenever the word parochia is used, it is for a diocese, not a parish ; not even (as far as I have been enabled to observe) for any district of which a baptismal church, other than the cathedral of the diocese, may have been the immediate ecclesiastical centre. § 3. Secular Laws, The laws of Ina,^ King of Wessex, were made (about A.D. 690) in a witenagemot of that kingdom, at which the two bishops whose sees were then subject to Ina's dominion (Winchester and London) were present. Some of these relate to ecclesiastical subjects ; but there is only one which bears, even indirectly, upon the question of territorial organisation. That is the sixth article, ' Of Fight- ing.^ '^ It imposes penalties on those who fight in different places — the king's house ; a minster (mynstre) ; an ealdor- man's house, or the like ; a land-renter's or boor's house ; in a field, or at a feast ; — graduated according to the character of the place. A ' minster ' must here mean a monastery, or a monastic church ; and, from the absence of any penalty for fighting in any other consecrated building, it may be inferred that all the churches then in existence, or, at all events, all the public churches, as to which public legisla- tion was thought necessary, were of that character. Another famous enactment, in favour of the Church, was the ' grant of privileges ' by Wihtraed,^ King of Kent (about A.D. 694), in a Kentish witenagemot, at which both ^ Thorpe's Ancient Laws and Institutes, vol. i. p. 102. 2 Ibid., p. 107. ' Anglo-Saxon Chronicle; sub a.d. 694 (see Haddan and Stubbs, Councils, vol. iii. pp. 238-246). 128 ANCIENT FACTS AND FICTIONS part ii the Kentish prelates, the Archbishop and the Bishop of Rochester, were present. In the preamble they are said to have treated of, and anxiously examined into, ' the state of the churches of God or monasteries in Kent,' of which the king's predecessors or near relatives were founders. All kings, princes, and other laymen were by that law forbidden to usurp /dominion over any church or family of a mon- astery' (alicujus ecclesice vel familice monasterii dominium) so founded ; the exclusive right to fill vacancies in the office of abbot or abbess was reserved to the diocesan bishop {propricB parochice episcopus)\ it was declared to be for the metropolitan bishop ' to govern the churches of God, and to choose, appoint, ordain, establish, and correct {ammonere) abbots, abbesses, priests, deacons, so that no one of the sheep of the Eternal Shepherd might be lost'; and it was immediately added, that ' this precept is for the monasteries whose names follow: Upminster, Reculver, Southminster, Dover, Folkestone, Lyminge, Sheppey, and Hoo.' Exemptions from public burdens were by the same law granted to the cathedral churches of Canterbury and Rochester. — It is at least a reasonable inference that these were, at that time, all the public churches in the kingdom of Kent, on which 'the sheep of the Eternal Shepherd,'^ in that kingdom, were dependent for pastoral care. § 4. Letters of Boniface. In the letters of Boniface (then Archbishop of Mentz) to the English Church, and to Archbishop Cuthbert, there is little which has a direct bearing on English church organ- isation, but much as to abuses connected with monasteries. ^ *Ne quis ovis de ovibus (jeterni pastoris erret ' (Haddan and Stubbs, Councils^ vol. iii. p. 239). en A p. II SECOND PERIOD ANGL OS AXON CHUR CH 1 29 That to the English Church generally^ (written probably before a.d. 741) has an address, to all the then known orders and degrees of ecclesiastics : ' To all the most reverend bishops, the venerable white -robed members of the presbyterate {venerabilibus presbyteratus candidatis\ the deacons, canons, clerks, the true flock of Christ, prelates, abbots, and abbesses, the most humble monks, servants of God, virgins consecrated and devoted to God, and all other the maidens of Christ, and generally all Catholics fearing God, of the English stock and race.' Of the rank or office of parish priest there is here no indication. In his letter to Archbishop Cuthbert,^ the yiord parochia is used as to the bishop's diocese, which he ought to visit once a year, and as to nothing else. § 5. Bed^s Letter to Archbishop Egbert. Lappenberg,^ on grounds which do not support his inference from them, treated Bede as an authority for the opinion that parish churches were * first erected before and during the time of Egbert, Archbishop of York, in the northern parts of England ' : ' St. Cuthbert, Abbot of Melrose, wandered from place to place to confirm and animate believers by his preaching ; yet, when Bede subjoins to this narrative that such was the custom of the clergy at that titne^ it would follow, that in his own days the case was otherwise in those northern parts.' I am far from clear (considering what we know to have been Bede's opinion as to the corruption and degeneracy of many of the northern clergy between the time of St. Cuthbert's preaching and that at which he wrote), that the ^ Haddan and Stubbs, Councils ^ vol. iii. p. 313. ^ Ibid., p. 376. 5 History of England, etc. (Thorpe's translation), vol. i. pp. 196, 197. K I30 ANCIENT FACTS AND FICTIONS part ii conclusion would legitimately follow, if the premiss had been correct. But Bede^ did not subjoin to his account of St. Cuthbert's preaching, ' that such was the custom of the clergy at that time.' The passage is this : ' He was wont often to leave his monastery, sometimes on horseback, but more frequently on foot, and to go to the surrounding townships and preach to wanderers the way of truth. . . . For indeed it was at that time the manner of the English people {erat quippe moris eo tempore populis An- glorton) all to collect together, when a clerk or priest came into their township, at his call, to hear the Word ; and to hear gladly those things which were spoken to them ; and, still more gladly, to put in practice those things which they could hear and understand.' He added, that St. Cuthbert went chiefly to the poorest places, and those which were far away in rough and high mountain districts, 'a horror generally to other men.' Bede, therefore, spoke of the * custom at that time,' not of the clergy, but of those to whom they preached ; and if there be an implied comparison with his own later time, it was not that the people had now the benefit of a settled ministry, under a different system, but that they were less desirous of hearing, and less attentive in practice to what they heard. If Bede had written as Lappenberg represented him, and if Lappenberg's inference were sound, it would prove too much ; viz. that so many parish churches existed in Bede's time, as to have superseded, in the northern province, the need for itinerant preaching, even in wild and outlying places, according to the older custom. This Lappenberg himself evidently did not think. He referred, in a note, to Bede's letter to Archbishop Egbert ; ^ but that letter, written ^ Hist.^ lib. iv., cap. 27. ^ Haddan and Stubbs, Councils, vol. iii. pp. 314-325. CHAP. II SECOND PERIOD ANGL OS AXON CHURCH 1 3 1 in the last year of Bede's life, is far from supporting, and really repels his inference from the passage in the History. It is a document of great interest, for the light which it throws on the state of the Northumbrian Church at that time, and also upon the character of the writer and his correspondent. Egbert had just been made archbishop; he had, according to tradition, been the pupil, and appears plainly by this letter to have been the friend, of Bede. The letter is full of advice — which might be called fatherly but for the rank of the person addressed — to the archbishop per- sonally, as to the conduct and demeanour befitting his high office, and also as to the affairs and wants of the Church. Bede suggested to the archbishop to follow the example of the Apostles Paul and Barnabas, who, wherever they went, as soon as they entered into cities or synagogues, preached the Word of God.- This (he said)^ 'is the work to which you are called, and for which you were consecrated.' *And this you will do if, wherever you go, you collect round you the inhabitants of the place, and deliver to them the word of exhortation, and also, as a leader in the heavenly war- fare, with all who come with you, set them an example of good living.' ' And since the places which belong to the government of your diocese occupy too wide a space to make it possible for you alone to go through them all, and preach the Word of God in each of the smaller villages and hamlets {solus per omnia discurrere, et in singulis viculis atque agellis verbum Dei prcedicare), even in the course of a whole year, it is necessary that you should associate with yourself many helpers in this holy work, by appointing priests and teachers to go through all the villages, constantly preaching the Word of God, and consecrating the heavenly mysteries, and especially administering the office of holy baptism, as opportunity may be found.' ^ Haddan and Stubbs, Councils, vol. iii. pp. 315, 316, §§ 2, 3. 132 ANCIENT FACTS AND FICTIONS part ii He then advised that those preachers should teach all the people the Apostles' Creed, and the Lord's Prayer, in the vulgar tongue ; not laymen only, ' but also clerks and monks who do not know Latin.' A little further on ^ he said : * We have heard, and it is commonly reported, that many townships and villages of our nation are situated among moun- tains hard of access or in thorny woodlands, where for many years past no bishop has been seen, to confer any of the gifts of the heavenly ministry ; and yet no man there can be free from the payment of dues to the bishop ; nor is the destitution of those places confined to the want of a bishop to confirm the baptized by laying -on of hands ; they have no teacher to instruct them in the true faith, or in the difference between right and wrong.' These evils he exhorted the archbishop to correct to the best of his power; and expressed his belief that in so doing he would be supported by Ceolwulf, then King of Northumbria; suggesting that the king should be ex- horted to put the ecclesiastical state of his people on a better footing than it had ever yet been, which he thought could only be accomplished by an increase in the number of bishops. He referred to Pope Gregory's desire, that twelve suffragan bishops should be consecrated for the pro- vince of York, and urged the archbishop to fulfil it (not- withstanding difficulties arising from improvident grants of public land by former kings), by erecting a sufficient num- ber of monasteries into episcopal sees.^ He then proceeded to speak^ of abuses prevailing in many of the monastic houses of the province {quibus nostra pro- vincia viiserrime vexatur\^ and reminded the archbishop that ^ Iladdan and Stubbs, Councils, vol. iii. p. 417, § 4. 2 Ibid., pp. 318, 319, § 5. » Ibid., pp. 319-322, §§ S-8. * Ibid., end of § 7, p. 322. CHAP. II SECOND PERIOD ANGLO-SAXON CHURCH 133 it belonged to his office to look carefully into all that was done, right or wrong, in the monasteries of his diocese {in singulis monasteriis tuce parocht(B). After dwelling much on this topic, he returned^ to that with which he began : * Of those, too, who are still living in the world, it is needful for you to have care, as was said in the outset of this epistle : you should send to them sufficient teachers of the life by which they may be saved, and make them, among other things, learn by what works they may most please God, from what sins those who desire to please God must abstain, with what sincerity they must believe in God, with what devo- tion they must pray for the Divine mercy, how diligently they should strengthen themselves against the wiles of unclean spirits by the sign of the Lord's cross, how salutary to all Christians is the daily partaking of the Body and Blood of the Lord, according to the constant practice of the Church of Christ in Italy, Gaul, Africa, Greece, and throughout the East.' And he complained, that, through the negligence of those who ought to teach them, this sort of religion was a thing so far from and foreign {peregrinum) to nearly all the laity of the province, that even the more religious only communicated at the three feasts of Christmas, Epiphany and Easter; although there were many persons of pure life, of both sexes, old and young, fit (if they were but properly instructed) to communicate on every Lord's Day and at other festivals. The tenor of this letter appears to me to be very ad- verse to the supposition, that the parochial system had been in Bede's time introduced even partially in the Northum- brian province. § 6. Archbishop Cuthberfs Canons. As to the south, the evidence of the synod held under Archbishop Cuthbert in a.d. 747 ^ is not less strong. ^ Haddan and Stubbs, Councils^ vol. ill. p. 323, § 9. ^ /^^v/.^ p, ^^q. 134 ANCIENT FACTS AND FICTIONS rAiiT ii How far the 'canons' (as they are called) of that synod may have been founded on suggestions made by Pope Zacharias, from whom a letter^ was read at the opening of the proceedings, it is impossible to say. There are various matters as to which adherence to the Roman usage is enjoined,^ probably in consequence of those suggestions; but there is much, which does not speak a foreign origin. As I have said of Bede's letter, so I say of those 'canons,' that they are extremely interesting; they breathe a genuine Christian spirit, and leave a favourable impression of the virtues of Archbishop Cuthbert. At that synod, besides the primate, eleven suffragans of the province of Canterbury were present. I shall refer to those only of its canons which bear upon my immediate subject. The third ^ directed a visitation of his diocese {parochiam suam) by every bishop, in every year ; he was to call before him, at convenient places, the people of all conditions, and both sexes, and publicly to teach them 'as those who seldom hear the Word of God ' {titpote eos^ qui raro audiunt verbum Dei) ; warning them particularly against certain heathen superstitions. The fourth* enjoined the bishops to admonish the abbots and abbesses of their dioceses {episcopi in suis parochiis abbates atque abbatissas moneant) properly to per- form their duties. Other ^ canons also related to religious houses and their inmates. The canons which relate to priests^ iiTiply, not that they, ^ Not now extant. ^ Canons 13, 15, 16 (Haddan and Stubbs, Councils, vol. iii. pp. 367, 368). ^ /bid., p. 363. ■* Ibid., p. 364. ° The fifth, seventh, nineteenth, twentieth, twenty-eighth, and twenty-ninth {ibid., pp. 364, 368, 369, 374). ^ The sixth, eighth, ninth, tenth, eleventh, and twelfth [ibid., pp. 364, 36s. 366). CHAP. II SECOND PERIOD ANGLO-SAXON CHURCH 135 or any of them, were or might be in charge of country parishes, but that they belonged to conventual establish- ments. Thus, in the eighth ^ (entitled, ' That priests attend carefully to the duty of their office^)^ — after mention- ing the service of the altar, the care of the church {ora- toi^ii doniuni) and its accessories, reading, prayer, masses, and psalm-singing, it is added : ' and to give aid, whenever need may be, diligently and faithfully to their abbots or abbesses.^ By the fourteenth ^ (as to ' the honour and obser- vance of the Lord's Day'), 'all abbots and priests were required to remain,' on the Lord's Day, ' in their own mon- asteries and churcheSy^^ without travelling, etc., unless for some necessary cause, and to preach to the inmates or dependents of each house (subjectis famulis). By the fifteenth,* they were ordered to perform the offices and sing the appointed hymns for all the canonical hours of day and night, ' so as to follow everywhere the same rule of monastic psalmody ' {monaster ialis psalmodies parilitatem) ; and to pray, * ecclesiastics or monks ' {ecdesi- astici sive pionasteriales\ not for themselves only, but also for their kings and the whole Christian people. The seventeenth canon ^ provided for the observance of certain days, in commemoration of Pope Gregory the Great, and Augustin of Canterbury, as holy days, * by ecclesiastics and monks ' {ab ecdesiasticis et monasterialibus). The twenty-first ^ Haddan and Stubbs, Couttcils, vol. iii. p. 365. ^ Ibid., p. 367. 3 The twenty-ninth canon (entitled, * Ut nullus servorum Dei inter laicos habitet '), forbids all clerks [clericos), as well as monks or nuns, to dwell among laymen in secular houses {apud laicos kabitare in domibus scecularium) ; ordering them to return to the monasteries where they first took the monastic habit {repetant monasteria^ ubi primi- ttis habitum sanctce professionis sumpserant). Ibid., p. 374, 4 Ibid., p. 367. 6 jjjid^ p_ 368 136 ANCIENT FACTS AND FICTIONS part ii canon ^ warned 'monks or ecclesiastics' {f?ionastenales sive ecclesiastici) against drunkenness; the twenty-second^ ex- horted them (by the same description) to frequent com- munion. The ninth ^ article, as to the employment of priests by the bishops in country places, I translate fully : * That priests be careful diligently, and according to due order, to fulfil the duty of evangelical and apostolical preach- ing, by baptizing, teaching, and visiting, through those places and regions of the lay people, which have been suggested and enjoined to them by the bishops of the province {per loca et regiones laicorwn^ qiice sibi ab episcopis provUtcicB msinuata et injunda sunt) ; so that, according to the Apostle's word, they may be held worthy of double honour ; and be very careful, as becomes God's ministers, to set no examples of discreditable or evil conversation, either to secular men or to monastics {scecularibus sive mofiasterialibus ) ; that is (to mention nothing else), either in drunkenness or for filthy lucre's sake, or by filthy speaking, or the like.' Throughout this body of canons, from first to last, there is nothing implying the existence of, nothing applicable to, a parochial system. Nor is anything of that kind, during the rest of the same period down to the close of the century, elsewhere to be found. Neither in Archbishop Egbert's * Penitential,' ^ nor in his answers to certain ques- tions, known as his * Dialogue of Ecclesiastical Ordinances,' ^ is there anything on that point.^ ^ Haddan and Stubbs, Councils^ vol. iii. p. 369. 2 Ibid., p. 370. 3 Ibid., p. 365. * Ibid., pp. 416-431. The ' Penitential' (as given by Wasserschleben, and by Haddan and Stubbs), and the * Dialogue,' are the only works ascribed to Egbert, which may really have been his. » Ibid., pp. 403-413. * Respons. ad Interrogat. 12 {ibid., pp. 408, 409), CHAP. II SECOND PERIOD ANGLO-SAXON CHURCH 137 § 7. Episcopal Power as to Revenues. From Theodore's time until the legatine councils of A.D. 785-787, we have no information as to tithes in England, except one incidental allusion^ in the letter of Boniface to Archbishop Cuthbert, written between a.d. 746 and 749. Quoting from Ezekiel (xxxiv. 25), 'Woe be to the shepherds of Israel that feed the flock : should not the shepherds feed the flock? Ye eat the fat, and ye clothe you with the wool,' etc., — he translated ' shepherds ' into 'bishops,' and 'the flock' into 'Christian people' i^per pastores episcopos significat ; greges Domini, id est, fideles populos ad pascendum) ; and continued : ' In daily oflierings and tithes of the people, they receive the milk and wool of the sheep {lac et lanas ovium Christi oblation- ibus quotidianis ac decimis fidelium suscipiunt)] but they take no care of the Lord's flock.' Boniface was Archbishop of Mentz; but he was an Englishman j and writing on matters concerning the Eng- lish Church to the English primate, he must have thought what he said applicable to England. His words, therefore, may be accepted as evidence, that tithes were paid in England at that time, and that they went into a diocesan .treasury, the revenues of which were at the bishop's dis- posal. Bede's letter to Archbishop Egbert does not anywhere mention tithes ; but it speaks ^ of the bishop as the receiver of those church dues which were paid as of obligation, even in places which the ordinary ministrations of the church did not reach. Of the administration of church revenues 1 Haddan and Stubbs, Councils., vol. iii. p. 380. 2 Sect. 4 {ibid., p. 317). 138 ANCIENT FACTS AND FICTIONS part ii by a good Anglo-Saxon bishop at the end of that century (so far as relates to hospitality and almsgiving), some opinion may be formed, from a letter written in a.d. 796, by Alcuin ^ to Archbishop Eanbald of York, in which he urged the importance of choosing suitable places for 'guest- houses or hospitals {xenodochia^ id est hospifalia), for the daily entertainment of poor persons and strangers ;' {in qtiibus sit quotidiana pauperum et peregrinorum susceptio, et ex nostris substantiis habeant solatia). Alcuin was Abbot of Ferrieres in France. § 8. King Offa. A few modern writers (whom some persons even now accept as authorities) have ascribed to Offa, King of Mercia (who died, after a long reign, in a.d. 796), a grant of tithes to the Church. The story is thus told by Dean Prideaux ^ in his book about Tithes : ' About the year 794, Offa made a law whereby he gave unto the Church the tithes of all his kingdom, which the his- torians tell us was done to expiate for the death of Ethelbert, King of the East Angles.' Dean Prideaux seems to have persuaded himself, not only that this was true, but that, in making such a law, Offa intended to imitate Charlemagne's capitulars ; of which he supposed Charlemagne to have sent him copies. What historians tell us this ? There are fables enough about King Offa in some of the Chronicles ; and for this fable, the Chronicle of John Bromton, Abbot of Jorvaulx ^ Haddan and Stubbs, Councils, vol. iii. p. 504. 2 The Original and Right of Tithes, published in a.d. 1709 (2nd ed., London 1736, pp. 101-103). CHAP. II SECOND PERIOD ANGLO-SAXON CHURCH 139 in Yorkshire, is cited. That work belongs to the latter part of the fourteenth century, and is of no credit, except when derived from earlier sources.^ No statement of that 'historian' would be worth anything, as proof that Offa ' gave unto the Church the tithes of all his king- dom,' if he had said so. But neither Bromton, nor any other historian, did say so. What Bromton ^ said is this : ' This Offa, by the wicked advice of his wife, treacherously put to death St. Ethelbert, King of the East Anglians, when visiting him as a suitor to his daughter : in atonement for which sin, he brought down his pride to such a degree of humility and penitence, that he gave to Holy Church a tenth of all that belonged to him {decimam omnium rerum suarum sanctcB ecclesice dedit), and also conferred, as it is said, many lands upon the Church of Hereford, in which the same glor- ious martyr Ethelbert lies ; which lands that church possesses to this day.' He went on to speak of the translation, by the same king, of the relics of St. Alban to Verulam ; of his founda- tion of St. Alban's Abbey j of his journey to Rome ; and of his gift of Peter's pence to the Pope. Only two later chroniclers followed Bromton in that state- ment ; — Polydore Vergil,^ in the time of Henry VHI., and Holinshed,* in the time of Elizabeth. Polydore Vergil's 1 See Mr. Thorpe's ' Literary Introduction ' to his translation of Lappenberg, p. lix. The Chronicle is supposed to have been written under Abbot Bromton's name, not by hiirself. 2 Twysden's ZTzj^. Angl. Script. X. (1651-52), p. 775. ' Hist. Angl.^ lib. iv,, ed. 1649, p. 99. Polydore Vergil was an Italian, of Urbino, who, having come to England to collect ' Peter's pence ' for the Roman see, remained in this country, and was made Archdeacon of Wells. He published his History of England, with a dedication to Henry VHI., in a.d. 1533. * History of England^ book vi. cap. 6. Holinshed was a bookseller, and not the author of the * History ' which he published. I40 ANCIENT FACTS AND FICTIONS part ii, words are, that * for fear of the punishment due to his sins, he determined to appease the wrath of God, and gave the tefith part of all his goods to priests and other poor men {decwiam partem omnium bonorum sacerdotibus aliisque inopi- bus hominibus condonavit). Polydore added, that, being truly penitent, he did not consider that he had by this, or by his foundation of St. Alban's and Bath Abbeys, and the church which he built at Hereford, done enough ; but that he also went to Rome to obtain absolution, and there ' made his realm tributary,' by the grant of Peter's pence, to the Pope. Holinshed translated Polydore : ' Finally, King Offa, as it were for a means to appease God's wrath, which he doubted to be justly conceived towards him for his sin and wickedness, granted the tenth part of his goods unto churchmen and to poor people.' If this story had been true, it would not have been to the purpose. A gift of the tenth part of a man's own goods or property has nothing, beyond the principle of decimation, in common with a law for the payment of tithes. Selden^ referred (among other things) to this story, as told by Polydore Vergil, when he was discussing the question (with which I shall deal in its proper place) of a later supposed grant of tithes by King Ethelwulf, the father of Alfred. * Should it ' (he said) * be understood only for a particular consecration to the Church of one time, and of the land itself, to be employed to other good uses of charity, then had it no more place here among the laws of tithes, than the story of Robert, Earl of Gloucester, his giving every tenth stone of his provision for the building of a tower near to Bristol, to the erecting of a chapel ; or Edward the Confessor, his building 1 Hist, of Tithes, ch. 8, § 4, p. 208 (ed. 1618). CHAP. II SECOND PERIOD ANGLO-SAXON CHURCH 141 Westminster Abbey with the tenth of one year's revenue ; or Offals giving the tithe of his estate to the clergy and the poor, '* I must not omit to add that, except as to the murder of King Ethelbert, and the grant of Peter's pence (of which, if really made by Offa, the date and the occasion were mis- represented), the story is mythical. Neither the alleged gift of a tenth of Offa's estate or goods to the Church, nor his alleged journey to Rome, is mentioned by the author of the Anglo-Saxon Chronicle, or Asser, or Ethelward (who wrote before the Conquest); nor by Florence of Worcester, or the author of the history current under the name of Ingulph (who wrote in the eleventh century); nor by William of Malmesbury, Henry of Huntingdon, or Symeon of Durham (who wrote in the twelfth century); nor by Diceto, or Gervase of Canterbury, or John of Wallingford, or Roger Hoveden, or John, Abbot of Peterborough, or the Melrose Chronicle (which belong to the thirteenth century). All those writers spoke more or less of Offa ; all, except Symeon, the Abbot of Peterborough, and the Melrose Chronicle, spoke of the murder of King Ethelbert ; and several of them (Asser, Malmesbury, Hoveden, and the Melrose Chronicle) told or repeated a romantic story, as to the crimes, ad- ventures, and miserable end of one of Offa's daughters.^ In the latter part of the thirteenth century, the mythical element which had gathered round the memory of King Offa received great development in the Flowers of His- tories of Roger of Wendover (Prior of Belvoir), and in the Lives of the Two Offas^ by a monk of St. Albans, generally 1 Asser (Wise's ed., Oxford 1722), p. 16; and Giles' Six Old English Chronicles (1848), p. 47; Malmesbury (Hardy's ed. 1840), De Gestis Regum, vol. i. pp. 169, 170; Hoveden (Riley's transl. 1853), p. 19 ; Melrose (in Fulman's Rerum Anglic. Scriptores, Oxford 1684, p. 140.) 142 ANCIENT FACTS AND FICTIONS part ii identified with Matthew Paris. It is to the imagination or credulity of those writers (who in the succeeding century were followed by Matthew of Westminster and Bromton), that we owe Offa's supposed journey to Rome/ and the attempt to excuse ^ him from the guilt of being a principal actor in King Ethelbert's murder, by representing his queen (a lady commended by Alcuin,^ in Oifa's lifetime, for her virtue and piety) as performing in that transaction a part not unlike that of a Jezebel or Lady Macbeth.* But even Wendover and the monk of St. Albans (though the latter, in his enthusiasm for the founder of that monas- tery, calls him 'magnificent,' *most glorious,' 'most reli- gious,' and omits nothing which might be supposed to do 1 Wendover (Coxe's ed, 1841), p. 254; Lives of Offas (Matt. Paris, Historia Major, etc., London 1640, p, 28); Matt. IVest- mt'nster {Fra.nkfort ed. 1601), p. 169; Bromton {Twysden, Hist. Angl. Script. X), pp. 775, 776. 2 Wendover {ubi supra\ p. 249 ; Lives of Offas {ubi supra) ^ pp. 23- 25 ; Matt. Westminster {ubi supra), pp. 147, 148. ^ Alcuin's Letters in Migne's Patrologice cursus, ep. 50. The date as- signed to it there (a.d. 796) is manifestly wrong. Prince Ecgfrid was crowned king in his father's lifetime, A.D. 786 or 787 j and this letter was evidently written on that occasion. ^ Florence of Worcester also (a more trustworthy authority), though he did not excuse Offa, or relate the extraordinary tale of Wend- over and the monk of St. Albans, said that Queen Cynethryth sug- gested the murder. Lappenberg, who was more disposed than seems quite reasonable to give credence to romantic passages in the chroniclers, repeats (p. 237 of Mr. Thorpe's translation) a story that Queen Cyne- thryth was, three months after the murder of Ethelbert {i.e. in or soon after A. D. 792), * thrown by robbers into her own well ; ' which (he says), ' if void of truth, may nevertheless serve to show what her contempor- aries thought of her. ' How such a story, told in a book written more than 400 years afterwards, could be evidence of what contemporaries thought, it is not easy to see. As a matter of fact, Queen Cynethryth survived OfTa : she attested two charters of her son Ecgfrid during his short reign in a.d. 796 (Kemble, Cod. Diplom. a.d. 796). CHAP. II SECOND PERIOD ANGLO-SAXON CHURCH 143 him honour) are silent as to any gift by him of tithes of any sort or kind ; as also is Matthew of Westminster, who followed them. Of the story, therefore, on that subject, such as it is, the author of Bromton's Chronicle seems to have been the inventor; and, as that story says nothing about any 'law made by Offa, whereby he gave to the Church the tithes of all his kingdom,' and as the report of the proceedings of the Legatine Council of Chalchyth in A.D. 785-787 was unknown to the world until its publication in the latter part of the sixteenth century, it is impossible to search for an explanation of it in those proceedings. CHAPTER III SECOND PERIOD — LEGATINE INJUNCTIONS OF CHALCHYTH, A.D. 785-787 § I. Article as to Tithes Nothing which bears upon the history of tithes in England, beyond the simple inculcation of their payment as, in the view of the Church of that day, a religious duty, is to be found in the twenty Injunctions or Articles,^ delivered in the name of Pope Adrian I. by his legates, at the Lega- tine Councils held in this country in a.d. 785-787. Before entering into the question of the general nature and char- acter of those Injunctions, it may be convenient to give a translation of the particular article (the seventeenth),^ in which alone tithes are mentioned, and which also relates to some other subjects : * The seventeenth Article : — Of giving tithes, as it is written in the law, *' Thou shalt bring the tenth part of all thy crops or first-fruits {Jrugibus seu primitiis) into the house of the Lord thy God." Again, by the prophet, " Bring (he says) all the tithes into my barn, that there may be meat in mine house ; and prove me now herewith, if I will not open unto you the windows {cataractas) of heaven, and pour you out a blessing, ' Haddan and Stubbs, Councils^ vol. iii. pp. 447-459. (The number of these Injunctions is stated as twenty-nine, by an error overlooked in correction, in Defence of the Church, etc., p. 129.) ^ Ibid., p. 456. CHAP. Ill LEGATINE COUNCILS, A.D. 785-787 145 even to abundance {usque ad abunda7itiaiii) ; and I will rebuke the devourer for your sakes, who eateth and spoileth {qui comedit et corrwnpif) the fruit of your ground, and your vineyard shall no more be barren {et non erit ultra vinea sterilis) in the field, saith the Lord." As saith the wise man : " No man can give a true alms of that which he possesseth, unless he hath first separated to the Lord what He from the beginning has ap- pointed for man to render Him." And through this it com- monly happens that he who does not give a tenth is himself reduced to a tenth. Wherefore also we solemnly lay upon you this precept, that all be careful to give tithes of all that they possess, because that is the special part of the Lord God {quia speciale Domini Dei est) ; and let a man live on the nine parts, and give alms ; and we advised, that this should rather be done secretly, because it is written, " When thou doest thine alms, do not sound a trumpet before thee." ' We also forbade usury ; for the Lord said to David that the man should be " worthy to dwell in His tabernacle who had not given his money upon usury." Augustine also saith : " No one has unjust gain without just loss. Where gain is there is loss ; it is gain in the chest, but loss in the con- science." ' We ordained also {statuimus) that men should set forth {statuant) equal measures and equal weights for all, it being said by Solomon, " Weight and weight, measure and measure, the Lord hateth " ; that is, that no man do sell to another by a different weight or measure from that wherewith he buys, because everywhere God "loveth justice," and "His counten- ance beholdeth equity." ' I should have thought that the terms of this article were sufficient to speak for themselves ; that their character is evident; being that of pastoral precept, not legal enact- ment. But a disposition has been manifested in certain quarters to claim for this Injunction (accepted, as in some sense it undoubtedly was, by the kings of Northumbria and Mercia) the character of a civil enactment for the payment of tithes. An authority which I hold in much respect has L 146 ANCIENT FACTS AND FICTIONS part ii been supposed to give some countenance to that view. The subject, therefore, of the Legatine Mission, Synods, and Injunctions, of a.d. 785-787, ought to be fully examined. § 2. Causes of the Legatine Mission. The causes which led Pope Adrian I. to send George, Bishop of Ostia, and Theophylact, Bishop of Todi, as his legates to this country, may be collected from known facts with reasonable certainty. For nearly a century the Anglo- Saxon Church had been governed by native prelates, some of whom visited Rome ; and letters from the Roman see {e.g. that of Pope Zacharias^ in Archbishop Cuthbert's time) were from time to time received by the English Church. But no Papal legate had visited England since the time of Augustin ; and the English Church was practically independent. Pope Adrian was a statesman; he had obtained from Charlemagne protection, friendship, and large territorial possessions. And he had paid his price for them. He knew, probably, that the relations of Charlemagne and Oifa, whatever professions might be made on either side, were not very cordial ; he may have felt a doubt how far his own security m'ight be affected by any policy intended to improve them, unless he could succeed in conciliating to himself the goodwill of both kings. That he was seriously apprehensive, down to a.d. 784 or 785, of intrigues on the part of Offa to depose him from the Papal throne, and to obtain Charlemagne's consent to the substitution of a Frank Pope, is clear from a letter 2 which he wrote about that time to Charlemagne, from whom he had received reassuring messages upon the subject. This was the position and the state of mind of the Pope. * Haddan and Stubbs, Councils^ vol. iii. p. 360. ^ Ibid.^ p. 440. CHAP. Ill LEGATINE COUNCILS, A.D. 785-787 i47 On the other hand, King Offa had an object of his own to accomplish, in which the Pope's assistance was important to him, if not indispensable. He was jealous of a primacy over the churchmen of his kingdom, the seat of which was beyond his own border, and easy of access from the con- tinent of Europe. He desired to deprive the see of Canterbury, not of precedence, but of power ; and to make Mercia ecclesiastically independent, with a metropolitan of its own, whose primacy should extend to the bishoprics of East Anglia, which, though not yet annexed to Mercia, was under its influence. It is not necessary, for an explanation of this policy, to suppose (as one of the chroniclers^ says), that Offa feared an invasion of England by Charlemagne, and distrusted the fidelity of Jaenberht, then Archbishop of Canterbury; or (with Dean Hook 2) that Archbishop Jaen- berht was intriguing wifh the Frank king, and aspiring, in imitation of the Pope, to civil sovereignty in Kent, the direct line of whose kings had become extinct. The con- tests for supremacy, and the changes in the balance of power, within England itself — Mercia aiming at, and seem- ing at that time likely to obtain, the position which, under Egbert, was not long afterwards obtained by Wessex, — and Kent being a small kingdom, never likely to be again independent, yet not in acknowledged dependence on ^ The author of the Lives of the Two O^j (Matt. Paris, ed. 1640, p. 21). Other chroniclers (Diceto, Wendover, and Matthew of West- minster) speak of enmity on the part of Offa towards the Kentish men ; and the language of the letter of Offa's successor, Kenwulf, to Pope Leo III., in A.D. 798, asking for the restoration of the see of Canterbury to its former rights, is to the like effect : ' Cujus dignitatis honorem primum Rex Offa, propter inimicitiam cum venerabili Janberto et gente Cantuariorum acceptatn, avertere, et in duas parochias dissipate, nisus.^ (Haddan and Stubbs, Councils, vol. iii. p. 522.) 2 Lives of Archbishops, 3rd ed., vol. i. pp. 245, 246. 148 ANCIENT FACTS AND FICTIONS part ii Mercia, and liable, from its situation, to fall at any time under West Saxon influence, — these were sufficient reasons for Oifa's wish that the ecclesiastics of his kingdom should be placed under an archbishop of his own at Lich- field. The opportunity was favourable, because of the preponderance at that time of his power ; he could reckon upon the acquiescence, if not support, of the other kings south of the Humber; and Kent, without any acknowledged king, could not offer an effectual resistance. The Pope, how- ever, must give the pall, to place a new archbishop in Mercia upon an equality with other metropolitans ; and for that it was necessary to obtain the concurrence of Rome. Offa therefore (as we know from that letter of Pope Adrian to Charlemagne, which has been already mentioned) sent a special mission ^ to Rome, accompanied and recommended by messengers from Charlemagne ; • and the Pope (as he said), to please Charlemagne, agreed to comply with the wishes which, on Offa's part, they expressed. The legatine mission to England soon followed ; which again was accom- panied by a French abbot, ^ sent by Charlemagne to give such aid to the legates as might be in his power. ^ "William of Malmesbury {Gesta Regum, Hardy's ed., p. 119) and the author of the Lives of the Two Off as (Matt. Paris, ed. 1640, p. 21) speak of this mission from Offa to Rome, and of its object. 2 Wigbod, of whom nothing else is known (Haddan and Stubbs, vol. iii. p. 448; and see ibid., p. 461, note). He accompanied the chief legate (Bishop George) into Northumbria, and it is probable that he may have been a friend of Alcuin's, sent at his instance to secure for the legates a favourable reception in the northern kingdom, with which Alcuin was more closely connected by birth, education, and friendship than with other parts of England. Eanbald, then Archbishop of York, was succeeded in A. d. 796 by another prelate of the same name, who was a friend and correspondent (perhaps a pupil) of Alcuin ; (see Haddan and Stubbs, Councils^ vol. iii. pp. 500 note, SOI, 505, 507, 534). CHAP. Ill LEG A TINE COUNCILS, A.D. 'jSs-'j^'j 149 It may be concluded, under these circumstances, that the understanding arrived at in Rome was this. The Pope was to send representatives to England, with a commission authorising them to inquire into the state and condition of the English Church, and to give such pastoral counsels as might seem to him necessary. Friendly relations between the Roman see and that Church already existed, but they were to be more firmly established ; and the legates were to be empowered, on the Pope's behalf, to assent to the King of Mercians wishes for the creation of a new province, separate from Canterbury, with a metropolitan see at Lich- field, if the concurrence of a provincial synod could be obtained. For the conclusion of this arrangement. King Offa's ambassadors doubtless employed such means as they and their master considered likely to be effectual. The use of questionable means is alleged in the solemn Act of the Council of Cloveshoo,^ by which the see of Can- terbury was restored to its former authority in a.d. 803 ; (Pope Leo IIL and Kenwulf King of Mercia then revers- ing the policy of their predecessors) ; and the chroniclers tell us, that large sums of money were spent on the nego- tiation. The monk of St. Alban's,^ Offa's biographer and encomiast (though in names and other particulars certainly incorrect), was probably not far from the mark, when he said that Offa did not rely only on his confidence in the Pope's 'pre-eminent sanctity,' or upon the 'discretion and elo- ^ Haddan and Stubbs, Councils, vol. iii., p. 543 : ' Cartam a Raynaud Sede viissain per AdHanufu Papani de palleo et de Archiepiscopatus Sede in Liccedfeldensi monasterio, cum consensu domini Apostolici Leonis Papce prascribimus [non] aliqtiid valere, quia per suh-eptitionetn et male blafuiam suggessionem adipiscebatur, ' 2 Lives of the Two Offas (Matt. Paris, ed. 1640, p. 21). I50 ANCIENT FACTS AND FICTIONS tart ii quence ' of his own ambassadors ; but that he ' knew what it was that the Romans wanted ' {noverat erim Rex desideria Romanorutn) ; and carried his point by means of gifts. The impost called ' Peter's pence ' may, not improbably, have been part of the price paid for the Pope's assistance on that occasion. This indeed is not mentioned by any chronicler older than Henry of Huntingdon^ (a.d. 1135- 1184); and he assigns to it an earlier date. Supposing dates to be mistaken, he and the chroniclers who followed him (in this respect) in the thirteenth and fourteenth cen- turies — Diceto,^ Hoveden,^ and Higden* — are all the more credible, because none of them spoke of any journey of Offa to Rome. That impost was certainly subsisting in and before Edward the Elder's time.^ It is said, by some writers,^ to have been imposed in Wessex by King Ina, early in the eighth century ; and to have been in the ninth century confirmed and extended by King Ethelwulf ^ If the story as to Ina's grant of Peter's pence was true, there is no reason for disbelieving the like story as to Offa ; and it is not improbable, that his ambassadors, who conducted the negotiation at Rome which led to the legatine mission, may have offered that contribution, on Offa's part, to the Papal treasury. 1 Book iv. ; under A.D. 755 (Forester's translation, 1883, p. 133). 2 Savile's Hist. Angl. Script. X.^ p. 446. (Diceto connects the gift with the later foundation of St. Alban's Abbey, as do also Wendover, the author of the Lives of the Two Offas, Bromton, and Matthew of Westminster.) 3 Riley's transl., 1853, p. 24. * Gale's Rer. Angl. Script. XV., p. 250. (Hardyng and Polydore Vergil also mention Offa as author of the impost. ) '^ See Thorpe's Ancient Laws and Institutes, vol. i. p. 171. * E.g. Higden (Gale, Script. XV., supra, under A.D. 728). 7 E.g. Higden (Gale, p. 253); Bromton {QiXe% Script. XX., Oxford 1691, p. 808). CHAP. Ill LEGATINE COUNCILS, A.D. 785-787 151 The fact of the legatine mission, and its object, as declared on the Pope's part, are attested by two of our earliest and most trustworthy chroniclers — the 'Anglo-Saxon Chronicle,'^ and Symeon of Durham.^ Of the object, both speak in almost the same words : — ' to renew the faith and the peace which St. Gregory had sent us by the Bishop Augustin,' is the phrase of the former ; * renewing among us the ancient friendship and Catholic faith which the holy Pope Gregory taught by the blessed Augustin,' of the latter. Symeon mentions ' the Venerable Bishop George,' as holding the first place in the legation. Reassigns a.d. 786 as the date: the Anglo-Saxon Chronicle gave a.d. 785. Henry of Hun- tingdon^ put it in the second year of Beohrtric, King of Wessex, (successor of Kenwulf of Wessex) ; which could not be earlier than a.d. 787. The Anglo-Saxon Chronicle, and Florence of Worcester,* mention, under the same date (a.d. 785), a 'contentious,' or 'litigious,' synod at Chalchyth, at which ' Jaenberht gave up some portion of his bishopric, and Higbert was elected by King Offa, and Egferth (Offa's son) was consecrated king.' Those writers do not speak of the legates as present at that synod : but Huntingdon says ^ that it was held by the legates. There is a letter extant from Pope Leo IH.^ to Offa's successor, Kenwulf of Mercia, in which that Pope spoke of a vow made by Offa to 1 Under a.d. 785. (The passage is extracted in Haddan and Stubbs, Councils^ vol. iii. p. 444.) 2 Savile's Hist. Angl. Script. X., p. no (Haddan and Stubbs, Councils, vol. iii. p. 443). ' Forester's translation, 1853, p. 137 (see Haddan and Stubbs' extract from the original, Councils, vol. iii. p. 445). * A.-S. Chron., ubi supra. Florence, under a.d. 785 (Thorpe's ed. 1848, p. 61). ^ Ubi supra. ^ Dated a.d. 798 (Haddan and Stubbs, Councils, vol. iii. p. 523; see p. 525). 152 ANCIENT FACTS AND FICTIONS part ii send a certain sum yearly to Rome for charitable purposes, 'in the presence of a synod, as well of all the bishops, princes, and great men, and the whole people dwelling in the island of Britain, as of our most trusty messengers, the most holy Bishops George and Theophylact.' Higbert of Lichfield assumed the style of Archbishop (in charters still extant,^ which he signed) during the course of the year a.d. 788; having waited, probably, until that time for the pall from Rome. He continued to hold the same dignity during the rest of Oifa's life, and for several years afterwards; retiring from the episcopate,^ when Pope Leo IIL reversed the action of his predecessor, and restored to the see of Canterbury its former pre-eminence. § 3. Character of the Legatine Injunctions. It is not an uncommon thing for questionable proposi- tions to be advanced as admitting of no doubt, — sometimes by persons whose judgment is entitled to great respect. It becomes those who call them in question to avoid mere strength of assertion, and to rely on the force of their reasons. I find it stated, as the opinion of two learned and excellent scholars,^ to whose labours all students of English ecclesiastical history are deeply indebted, that the decrees of the councils held under Pope Adrian's legates 'were accepted as binding by the Kings and Witan of Mercia and Northumbria, and probably by the Witan of Wessex also ;' and (as to the article relating to tithes) that ' there can be no doubt that the legatine canon, as approved by the * Haddan and Stubbs, Councils, vol. i. p. 446, note (and see the charters in Kemble's Cod. Diplom., there referred to). 2 He signed the Acts of the Synod of Cloveshoo in a.d. 803, as Abbots after Aldulf, then Bishop of Lichfield. (See Haddan and Stubbs, ibid.) * Haddan and Stubbs, Councils^ vol. iii. p. 637, note. CHAP. Ill LEGATINE COUNCILS, A.D. 785-787 153 Kings and Witan, had the force of law; although it is uncertain by what means the law was enforced, or whether it was enforced at all' The word canoti is very flexible, when applied to the Acts of ecclesiastical synods ; it would be idle to demur to that phrase if it stood alone. If, by * law,' canon law only were meant, I might content myself by saying that sanctions, of some kind, seem practically necessary to the idea of law ; and that the matter of these (so-called) ' canons ' does not agree with my conception, even of canon law. But if (as some have understood) more than this is meant by the words which I have quoted, — if the *law' intended be a civil enactment, or a civil confirmation of an ecclesiastical law by a secular legislature — then I not only doubt, but I am obliged to dispute the proposition. I think I can show good reasons for my beHef that it is erroneous and untenable : — reasons depending partly on external, and partly on internal evidence. § 4. The Legates^ Report : how known. The external evidence is that contained in the report made by the legates themselves (or rather by George, Bishop of Ostia, the head of the mission) to the Pope. It is remarkable, that our knowledge of this document is derived entirely from the Magdeburg Centuries} published in A-D. 1567 at Basle by an association of Protestant writers, in a voluminous compilation, relative to the church history of the twelve first centuries. They have told us nothing about the manuscript which they used ; what was its antiquity, or its place of custody ; or how it ^ Ecclesiastica Historia, per aliquot studiosos et pios viros in urbe Magdehurgica'' (Basilese, 1567, Centuria VIII,, cap. 9, pp. 574, 575, under the heading * Alia Synodus Anglica '). 154 ANCIENT FACTS AND FICTIONS part ii came to their knowledge. Its proper place of custody would seem to have been in the archives of the Vatican, to which they were not likely to have access. If it (or any original or copy of it) were now in the Vatican, the research of later scholars would (I suppose) long since have traced it out, and placed it, in a complete form, and with all the aids of criticism, before the world; but there is no reason^ to believe that it has ever been seen or known since the time of the Magdeburg * Centuriators.* I have said this, not as doubting its genuineness ; for I concur without hesitation in the opinion,^ that it contains sufficient internal proof of authenticity; but because it is not probable that, if the Injunctions which we now know from this source only had entered into the body of the public law of the three greatest Anglo-Saxon kingdoms of the eighth century, they would, in this country, have entirely disappeared. I ought not to be understood as suggesting, that no copies of these Injunctions were formerly in the hands of Anglo-Saxon ecclesiastics and men of learning. From the nature of the case, that could hardly be; and it is clear, as the matter stands, that they were in the hands of Archbishop Odo in the tenth century; who said that he compiled those Injunctions of his own, which have been miscalled canons^ ' from the former injunctions of illustrious men.' In that compilation there is one article (the tenth, as to tithes*) which* is an abridgment of the corresponding part of the seventeenth article of the lega- tine synods ; and in the second article (as to kings), the third (as to bishops), the seventh (as to marriages), and the 1 Iladdan and Stubbs, Councils^ vol. iil. p. 461 (first note). - Ibid. * Spelman's Concilia, vol. i. p. 415; Wilkins' Concilia, vol. i. p. 212 ; Johnson's Laws and Canons, vol. i. p. 358 (Oxford ed. 1850). * Johnson's Laxvs and Canons, vol. i. p. 363 (Oxford ed. 1850). CHAP. Ill LEGATINE COUNCILS, A.D. 785-787 155 eighth (as to unity), other things ^ are also taken directly from the same legatine Injunctions. Not only did Arch- bishop Odo so partially reproduce (without naming) them ; but he is a witness to their character, as lessons of spiritual admonition and instruction, not laws. He pre- fixed to his compilation (after an invocation of the Holy Trinity) this preamble : ^ * Though it be a bold presumption to give documents of pious exhortation, without having any merits of my own ; yet, because a spiritual prize is promised to them that strive and take pains in the race of this life, by the Author of gifts, the Spirit ; therefore I, Odo, the lowly, and meanest of those promoted to the honour of a pall, and of being a chief prelate, have resolved to put together in this paper some institutions not unworthy of any worshipper of Christ, which I found to be of the greatest authority, from the former injunctions of illustrious men, to the consolation of my lord the king, that is Eadmund, and of all the people subject to his most excel- lent empire. Therefore I most devoutly beseech, and with clemency exhort the minds of the hearers, that they inwardly graft them in their hearts by frequent meditation, whenever they hear them rehearsed ; and thus, at the time of harvest, gather for themselves the most peaceable fruit, by the mani- fold exercise of good works.' § 5. The Legates^ Narrative. I pass to the narrative of the legates, which is not, in my judgment, imperfect; neither does its termination seem to me abrupt.^ If it has no formal conclusion, neither has it any formal commencement ; the ' Centuriators ' omitted ^ See Appendix B for a collation of the Latin passages in Odo's and the legatine Injunctions. 2 Johnson's Laws and Canons, vol. i. p. 358. ' See Haddan and Stubbs, Councils, vol. iii. p. 462 (last note, in which it is suggested, that the report is imperfect, because it ends abruptly, without any formal conclusion ; and that, if perfect, it might have Iseen expected to contain all the other proceedings of the Synod of Chalchyth). 156 ANCIENT FACTS AND FICTIONS tart ii both ; and it was consistent with their method to do so. In all other respects the document is complete in itself. The date which the 'Centuriators' assigned to the mission is a.d. 786; they described its objects very much as the English chroniclers did : ' To travel through and visit this island, and to confirm the authority of the Roman pontiff, acquired there formerly through the mission of Augustin ' ; and they introduced the report with the words, ' What they did and effected, they themselves thus explain.' ^ The material points in the narrative are, that, having landed in England, and having seen Archbishop Jaenberht at Canterbury, and given him such information as they thought necessary, they went to Offa's palace, where they were well received ; meeting him, and also Kenwulf,^ King of Wessex, who both promised the amendment of some matters of which the Pope had spoken in his letters accrediting the mission. A consultation followed, not with those kings only, but also with the bishops and lords of the land {pontificibus et senior ibus terra) \ which resulted in Theophylact following the court of Offa into Mercia, with the intention to visit Wales; and in George (with Charlemagne's Abbot Wigbod^) going to York, from •^ Ecclesiastica Histona^ etc., pp. 574, 575. 2 Kenwulf was assassinated a.d. 786. But, even if that (and not A.D. 785, as stated in the Anglo-Saxon Chronicle) was the year of the legates' arrival in England, the meeting recorded by the legates might well take place before his assassination. The mention of his name, therefore, creates no difficulty. He is not stated to have been present at either Council. ' See anfe, p. 148. It is worth noting that Offa did not send any ambassadors with the legates to the King of Northumbria, but the latter king sent ambassadors to Offa on Bishop George's return. It may be conjectured, that Theophylact remained with Offa to complete the negotiations as to that king's own business ; and that, until that was settled to his satisfaction, Offa was not disposed to give active assistance to the Pope. CHAP. Ill LEG ATI NE COUNCILS, A.D. 785-787 157 whence, through Archbishop Eanbald, messengers were sent to Aelfwald, King of Northumbria. He convened a council, which was attended by all the principal people of those parts, clergy and laymen; and the legate then read the Injunctions prepared (as the report said), as to all the matters which were understood to need correction. All the several points were explained in their order ; and those who were present, professing submission to the Pope, as represented by the legates, unanimously promised obedi- ence {tain admonitionem vestram, quam parvitatem nostram, amplexantes^ spoponderunt se in omnibus obedire). The Pope's letters were then read ; the legate exhorting {con- testantes) his hearers to keep, and to cause those under them to keep, the Pope's ' decrees.' ^ The text of the Injunctions (twenty in number) follows,^ after which the narrative is resumed : * These decrees, most blessed Pope Hadrian, we propounded {proposuimus) in public council, before King Aelfwald and Archbishop Eanbald, and all the bishops and abbots of that region, and the senators, dukes, and people of the land, who (as we have already said) vowed that they would keep them in all points to the utmost of their power, the Most High in His mercy helping them ;' and this vow they confirmed by signing the sign of the Cross, both on the legate's hand as represent- ing the Pope, and on the paper containing the Injunctions, which they subscribed.^ The names of the subscribers are given at length. They were the king, and all the bishops of the province of York ; also an Irish bishop (of Mayo), and another bishop, whose see was not specified (he is supposed to have been ^ Haddan and Stubbs, Councils, vol. iii. pp. 447, 448 (where the introductory statement of the Magdeburg ' Centuriators ' is omitted. 2 Ibid., pp. 448-459- ' Ibid., pp. 459, 460. 158 ANCIENT FACTS AND FICTIONS part ii Welsh), and who signed by proxy. Two abbots and three lay noblemen also signed. 'This done/ the legates returned southward, accom- panied by two ' readers,' ^ envoys of King Aelfwald and his archbishop, who are stated to have brought * the same decrees' with them 'into the council of the Mercians, where the glorious King Offa and the senators of the land had met together with Archbishop Jaenberht of Canterbury and the other bishops of those parts.' There, 'in the presence of the council,' all the articles {capituld) were read through and explained, both in Latin and in Saxon ; and all with one voice thankfully promised, 'in answer to the Pope's apostolical admonitions {apostolatus vestri ad- monitionibtis), that by God's help they would in all things observe those constitutions (statuta) according to the degree of their strength ' {Juxta qualitatem virium) \ — confirming that promise (as in the north) by the sign of the Cross upon the legate's hand as the Pope's representative, and also before their names subscribed to the paper ; which were those of King Offa, and of the archbishop and all the bishops of the province of Canterbury, four abbots, and four lay noblemen ; all (in the report) set out at full length, with the forms of subscription.^ The sees of the Archbishop of Canterbury, and of the Bishops of Lichfield, Lindsey, and Leicester, were mentioned after their names ; those of the other bishops were not ; but they are all sufficiently identified ^ by their signatures to contemporaneous charters, still extant. ^ Those ' readers ' {lectores) are in the report called * illustrious men.* The * reader ' was the lowest but one of the five degrees of clerks in minor orders. ^ Haddan and Stubbs, Councils.^ vol. iii. pp. 460, 461. * Ibid.^ p. 462, note. In Johnson's Laws and Canons, vol. i. p. 282 (Oxford ed. 1850), there is a note, by John Johnson, saying that * no regard is to be had to these subscriptions ; the few names that are CHAP. Ill LEGATINE COUNCILS, A.D. 785-787 i59 § 6. Character and Constitution of the Synods. In these proceedings there seems to be nothing incon- sistent with the nature of legatine synods, at which the active part was that of the Pope by his legates, others who were present being passive, and merely promising dutiful obedience. For such a purpose, bishops who were strangers to the province might very well be present, or might be represented by proxies, as happened at the northern council. But how could those strange bishops take part in an act of civil legislation for the kingdom of Northumbria ? How could bishops of Kent, East Anglia, and Wessex take part in a witenagemot, passing secular laws for the kingdom of Mercia ? How could Wessex be bound by secular laws passed at an assembly presided over by the Mercian king and the Kentish archbishop, and containing East Anglian and Mercian bishops, without any representation of Wessex, except by the Bishops of Winchester, Sherborne, and Selsey? What evidence is there that, for all or any of those kingdoms, properly con- stituted witenagemots were held, to give the ' force of law ' to what was then done ? genuine are yet so spelt that the men, if they were now alive, would scarce own them.' If the names, or any of them, were forgeries, it would be a strong argument against the authenticity of the whole document ; if, on the other hand, they are all capable of being identified with the names of persons who were really English bishops (and one Irish) at that time, notwithstanding the transformation of the Anglo-Saxon names into Latin, this seems conclusive in favour of the document, even if its credit had not been otherwise supported. I had myself, before reading Mr. Haddan and Bishop Stubbs' note, gone carefully through the episcopal signatures to all the charters from A.D. 780 to 803 in Kemble's Codex Diplomaticus, and had arrived at the same identification of the signatures, except that of the Irish and ♦he (supposed) Welsh bishop. i6o ANCIENT FACTS AND FICTIONS part ii § 7. Internal Evidence. I pass to the consideration of the internal evidence ; which appears to me to prove conclusively, what might have been inferred from the narrative; — that those In- junctions had, and claimed, the authority of the Pope as a spiritual monitor and teacher, and that alone ; and that the assent given to them by the kings, bishops, and laymen, to whom they were synodically delivered, had nothing in common with legislation or ratification on the part of civil lawgivers. The character of the In- junctions is, from first to last, pastoral; sometimes it is more, sometimes less, authoritative ; the tone is that of an apostolical charge or a pulpit exhortation; they are admonitions and precepts, not laws. Of this character, the seventeenth article itself, which relates to tithes, etc., is an example. The first, third, eleventh, and twentieth, relating to faith, the duties of bishops, the duties of kings, confession, and penitence, are still more so. All these, and some others, consist chiefly of Scripture texts, with a few quotations from the Fathers. There is not one article which deviates in substance from this general character ; not one which is enforced by temporal sanctions or penalties. The motives held out, the encouragements and threatenings, the rewards and punishments, are all spiritual. The form and style of address is that of a chief pastor to his flock. Most of the articles were obviously brought, ready prepared, from Rome ; it is not difficult to distinguish the additions made in this country, in consequence of what the legates saw or heard. I. The first ^ article begins: ^Admonishing in the first * Haddan and Stubbs, vol. iii. p. 448. CHAP. Ill LEG A TINE COUNCILS, A.D. 785-787 161 place ' {Prhno omnium admonentes). It relates to the Nicene faith, and directs, that all priests be examined as to their faith every year by their bishops in diocesan synods, ' so that they may in all things confess, hold, and preach the apostolical and universal faith of the six councils, approved by the Holy Spirit, as it has been delivered to us by the holy Roman Church; and, if occasion be, may not fear to die for it; and that they receive all whom the holy universal councils have received, and reject and condemn from their hearts all those whom they have condemned.' This is no secular law. Was it ever law in the Anglo-Saxon kingdoms, even canon law, that every priest should be examined annually by his bishop, in a diocesan synod, concerning his faith ? 2. The second^ article begins: ' In the second article a/d taught ' {Secundo capitulo docuimus), * that baptism be administered according to the ordinance of the canons, and at no other time, except for great necessity ; and that all, generally, should know the Creed and the Lord's Prayer.' It proceeds to instruct sponsors in their duties, and it ends : ' It is, therefore, our precept to all the people generally, that this should be committed to memory' {generaliter o?nni vulgo prcecipimus hoc memoricB mandari ). 3. The third 2 article, a long exhortation to the bishops as to their duties, begins : * In our third discourse^ we insisted' {Tertio sermone perstrinximus). 4. The fourth ^ article begins : ' The fourth discourse,' (Quartus sermo). It orders the bishops to see that all canons live canonically, and monks regularly, and wear proper habits, not dyed with Indian colours, or costly ; and it ends, ' As to which matter we advise {suademus) that the synodal ^ Haddan and Stubbs, vol. iii. pp. 448, 449. 2 Ibid., pp. 449, 450. 3 Ibid., p. 450, M i62 ANCIENT FACTS AND FICTIONS part ii edicts of the six universal councils, with the decrees of the Roman pontiffs, be often read,' etc, 5. The fifth 1 article relates to the election of abbots and abbesses from the inmates of the house, whenever fit persons may be found there, with the bishop's advice (pass- ing over all royal or other patronage). It begins : * The fifth article admonishes ' {Quintum caput admonet). 6. The sixth ^ article (prohibiting the ordination of unfit persons as priests or deacons by bishops, etc.) is short, and in form authoritative. Its opening words are : ' The sixth decree ' (Sextum decretum). 7. The seventh ^ is shorter still. *In the seventh article' (septimo capitulo) : * That all public churches have their proper course of services reverently performed at the canonical hours.' 8. The eighth* is another short article, which cannot well be supposed to have had * the force of law ' in this country. ' In the eighth constitution * (Octavo statuto) : * That the ancient privileges conferred upon all churches by the holy Roman see be observed. But if, by the consent of wicked men, any should have been granted in writing against the canonical institutions, let them be plucked up' (avellantur). 9. And will any one be found to say that it was made an offence against secular law in this country for an ecclesi- astic to take food secretly, when in good health ? This, however, is forbidden *by the ninth ^ head^ {Nono capite); * because it is hypocrisy and Saracenic ' {quia hypocrisis et Saracenorum est). ^ Haddan and Stubbs, vol. iii. pp. 450, 451. 2 Ibid., p. 451. 3 Jf,id^ A ji,ij^ * Ibid. This was, obviously, a rule of discipline for monks or clerks living together in community. CHAP. Ill LEG ATI NE COUNCILS, A.D. 785-787 163 10. By the tenth ^ article (Decimo capitulo\ mass priests are forbidden to minister at the altar with bare legs. The faithful are enjoined to make such offerings that there may be bread and not a mere crust {ut pants sif, non crustd). And ' we forbade^ ivefuimus) the use of ox-horn for the chalice or paten. The legates also were offended at seeing bishops in England judging secular jnatters in their councils^ which they forbade ( Vidimus etiam ibi episcopos in conciliis suis scecularia j'udicarCy prohibuimusque eos voce apostolica) ; quoting St. Paul (2 Timothy ii. 4) ; and they made it their entreaty (ob- secravimus etiam) that continual prayers should be offered for the Church. Was this, also, a law enacted and brought into force for England? Was it from that time an offence against the laws of Northumbria, and of Mercia, and of Wessex, that bishops should judge in councils and courts of law (as they always did) as to secular matters ? 11. The eleventh 2 '■discourse^ was to kings and princes (Undecimus sermo fuit ad reges et principes) : and a ' sermon ' it certainly was, such a sermon as could have come from Rome only. * We admonished {admo7iuimus) the kings and princes to obey their bishops from the heart with great humility, because the keys of heaven are given to them, and they have the power of binding and loosing;' — an admonition enforced by numerous extracts from Scripture. Did that injunction make it the law of Mercia that Offa should humbly obey his bishops ? 12. In the twelfth^ ^discoursd^ they laid it down (Duodeci- mo sermone sanximus), that, in the appointment of kings, no one should permit the consent of the wicked to prevail 1 Haddan and Stubbs, vol. iii. pp. 451, 452. The part of this article beginning * Vidimus^ etc., was doubtless added in England. 2 Ibid., pp. 452, 453. » Ibid., pp. 453, 454. I64 ANCIENT FACTS AND FICTIONS part ii {nullus permittat pravorum prcevalere assensum) ; but that kings should be lawfully chosen by the priests and lords isenioribus) of the people, of those who were not born in adultery or incest : * Because, as in our times, no one of adulterine birth can, according to the canons, be ordained priest ; so neither can any one not bom in lawful wedlock be the anointed of the Lord, king of all the kingdom, and his country's heir' (quoting the not very relevant text of Daniel iv. 1 7). ' Therefore we admonished {admonuimus) all the people, generally, to pray God to give grace to the king whom He himself chooses, and who is to be honoured of all (quoting several texts). No man is to take any counsel for the king's death, because he is the Lord's anointed ; and if any one is privy to such a crime, if a bishop or a priest, let him be degraded, and cast down from his sacred heritage, as Judas was from the apostolate ; and every one who shall have assented to such sacrilege shall perish under the eternal bond of our anathema, and, in the society of the traitor Judas, shall be burned with everlasting fires.' This, again, is enforced with Scripture texts and examples ; and the article ends thus : ' It has often been proved by instances among yourselves,^ that those who have caused the death of their masters, have prematurely ended their own lives, and lost both civil and spiritual rights {utroque jure caruerunf)? Now, whatever may have been the constitutional law of any of those Anglo-Saxon states as to the qualifications necessary for the royal office (in which I do not doubt that legitimate birth was the rule, though there were notable exceptions to it) ; it was certainly not by this legatine in- junction that it was enacted ; nor was regicide less a civil ofTence before, than after this injunction. Even as to regicide, the penalties of which this injunction speaks are 1 The part of this article as to regicide (perhaps the whole article) may have been added in England, where regicide had been frequent ; the most recent instance being the murder (a.d. 786) of Kenwulf, King of Wessex, after the legates had seen him on their first arrival. CHAP. Ill LEG A TINE COUNCILS, A.D. 785-787 165 spiritual — degradation from the episcopal or priestly office, the Church's anathema, the pains of hell-fire. 13. The thirteenth^ admonition was [Decima tertia ad- monitio fuit) 2ig2i\Yisi unjust judgments, respect of persons in judgment, and taking gifts against the innocent ; for which also many texts of Scripture were quoted. Whatever may have been the state of the Anglo-Saxon laws as to unrighteous judgments, nothing can have been added to them by this article. 14. The fourteenth 2 head (Decimum quartum caput) deserves quoting fully : ' Fraud, violence, and rapine are forbidden ; and let no unjust or greater tributes than those established by the Roman law and the ancient customs of former emperors, kings, and princes, be imposed upon the Church of God ; and let every one who desires to communicate with the Holy Roman Church, and the blessed Peter, the Prince of the Apostles, be careful to keep himself wholly clear from this fault of violence. Let there be concord everywhere, and unanimity between kings and bishops, ecclesiastics and laymen, and the whole Christian people, so that there may everywhere be unity of the Churches of God, and peace continuing in the One Church, in one faith, hope, and charity, having One Head, which is Christ, etc' Will any one contend that the acceptance of this article at the legatine councils, and the subscriptions of those who subscribed to it, gave it 'the force of law' in the Mercian and Northumbrian kingdoms ? 15. The fifteenth 3 'head' {caput) is against incest and adultery; the anathema of the Church (that only) being denounced against those guilty of such acts, until they repent, and are reconciled to their bishops. 1 6. The sixteenth^ ' head ' {caput) says : ' The sons of har- * Haddan and Stubbs, vol. iii. pp. 454, 455. ^ ji^ 3 Ibid., p. 455. ^ Ibid., pp. 455, 456. i66 ANCIENT FACTS AND FICTIONS part ii lots are by decree (decreto) debarred from lawful inheritance. For we judge by the apostolical authority, that sons born of adultery, or of nuns, are spurious and adulterine.' Nuns are stated to be spouses of Christ ; and texts are quoted as to the heinousness of marrying with or corrupting them. Then the legates suppose some 'adulterine' person to be arguing with them : ' he will say, my mistress is not a slave, but free.' ' To these we reply, by the Apostle's authority ' {his autoritate aposioUca respondemus) ; quoting St. Paul (Romans vi. 1 6). And the article concludes : * But, as it is written, either in Scripture or the evangelical doctrine, or in the decrees of the apostolical decisions {decretis apostolicorum dogmatuni)^ concerning lawful mar- riages, and appointed times for marriage or abstinence there- from, — we presume neither to add anything to, nor to take away anything from, those decrees : " But if any man seem to be contentious, we have no such custom, neither the Church of God." ' 17. The seventeenth^ article (caput) as to tithes, usury, and just measures and weights, has already been extracted. 1 8. The eighteenth ^ begins : * The eighteenth head {Decimum octavum caput) : Concerning the vow of Chris- tians, that they perform it.' What follows consists en- tirely of Scriptural examples : Abel, Enoch {^Remember Enoch,' etc.), Abraham ('Why should I speak' — quid loquar — of Abraham, etc.), Jacob, Manoah ('Remember Manoah,' etc.), David, Solomon ; and appropriate texts. 1 9. The nineteenth ^ appears to have been added by the legates, in consequence of information given them at York, ' that there were still remaining (in those parts) some faults, * Haddan and Stubbs, vol. iii. pp. 456, 457 ; ante, p. 144. 2 Ibid., pp. 457, 458. ^ Ibid., pp. 458, 459. CHAP. Ill LEG A 77NE COUNCILS, A. D. ^^-^^7 167 by no means small, of which the correction was necessary ; * and the fact that it was so added seems to be denoted by its introductory words : ' We annexed the nineteenth head ' (Decimum nonuin ^«////^«;/^j<;?//w«j), 'that every faithful Chris- tian should take example from Catholic men ; and, * if there be any remnant of pagan rites {si quid ex ritu paganorum remansit) it should be plucked up, scorned, and rejected.' They proceed to condemn the practices of (i) tattooing — quoting averse from Prudentius ; (2) a pagan fashion of dress; (3) splitting the nostrils, tying up the ears, and docking the tails, of horses ; (4) settling controversies by casting lots; and (5) eating horse-flesh. These customs are stigmatised as evil, and unfit to be practised by Christians ; they seem to be condemned by the intro- ductory words of denunciation ; but not even under spiritual penalties. 20. The twentieth,^ and last 'head' {Vigesimum caput) is introduced by the words, * We intimated to all generally' {omnibus generaliter intimavimus). It consists wholly of an exhortation, enforced by texts, to conversion and repent- ance, confession of sins, and Holy Communion. I think I have estabhshed, by the simple process of showing what the form and substance of these Injunctions, from beginning to end, really is, their true nature and character ; and that further argument against the proposi- tion that they, or any of them, were legislative enactments by kings and witenagemots of any Anglo-Saxon kingdom or kingdoms, would be superfluous. ^ Haddan and Stubbs, vol. iii. p. 459. i68 ANCIENT FACTS AND FICTIONS § 8. Relation of the Legatine Injunctions to those of Cloveshoo, A.D. 747. It remains to correct an error into which the late Dean Hook ^ fell, when he described these Legatine Injunctions as * little more than a repetition of the regulations made at the Council of Cloveshoo in the time of Archbishop Cuthbert' They did, on one or two points, enjoin things which were also enjoined by those regulations ; and an explanation of this may be found in the probability, that those injunctions of Archbishop Cuthbert's Council were based upon the letter of Pope Zacharias,^ then read, but not now extant. Pope Adrian on those few points did, probably, repeat and renew the admonitions of his pre- decessor. But there is nothing in common between the rest — all, that is, but an insignificant part — of the legatine Injunctions, and the Acts of Archbishop Cuthbert's Council of Cloveshoo. ^ Lives of Archbishops, vol. i. (3rd ed.), p. 251. Dean Hook also says, that the body of canons produced (by the legates) at Chalchyth was * very similar to those that had been accepted in the kingdom of Northumbria.^ They were not similar ^ but the same* 2 Haddan and Stubbs. Councils^ vol. iii. p. 360, CHAPTER IV THIRD PERIOD FROM OFFA TO EDMUND RETROGRESSION AND DECAY § I . Ravages of the Danes To understand the change which passed over the Anglo- Saxon Church during the ninth century, and the condition in which it remained for a considerable part of the tenth, it is necessary to realise the effect of the Danish invasions. The first serious havoc wrought by those invaders was in A.D. 792-793, when Lindisfarne was ruined, and a state of disorder introduced into Northumbria from which that kingdom never recovered. Alcuin's letters^ to the churches of Lindisfarne, Wearmouth, and Jarrow, to Ethelred the Northumbrian king, his princes and people, and to King Offa, show the magnitude of that calamity, and the demoralisation consequent on it. * See the holy places laid waste by the pagans ; the altars defiled by perjuries ; the monasteries violated by adulteries ; the land foul with the blood of kings and princes.' He turned with hope to Offa, who had asked for a teacher, and to whom he sent one of his pupils : * the light of wisdom, which in many places had been extinguished, might still flourish in Mercia.' ^ Haddan and Stubbs, Councils, vol. iii. pp. 470, 472, 492 ; Migne's Patrolog. (Alcuin, vol. i. ep. 14, 15, and 49), 170 ANCIENT FACTS AND FICTIONS part ii Oifa was * the ornament of Britain ; the trumpet of preach- ing ; a sword against the foe ; a shield against the enemy.' ^ Offa died three years afterwards, and Alcuin, before long,^ followed him. His hope was not to be fulfilled. The Danes returned, and continually gathered strength. Re- pelled for a short time by Egbert, they became terrible during the reign of Ethelwulf. They made their way to Canterbury and to London ; they began to winter in Kent. The preamble to Ethel wulf's charter of a.d. 844^ is a sharp cry of distress : 'We see that in these days, through the conflagrations of wars, the pillage of our wealth, the most cruel depredations of barbarous enemies laying waste the land, and the manifold tribulations, threatening us even with extermination, which we suffer from the pagan tribes, perilous times have come upon us.' Under Ethelbert, his successor, the Danes ravaged Win- chester, destroying its cathedral and other churches, and putting all the monks of the chapter to death. Under Ethelred I. they occupied York, and became masters of Northumbria. Then it was that those calamities occurred, of which Symeon of Durham* speaks : *They went about everywhere, filling the whole country with blood and mourning; destroying the churches and monas- teries far and wide with fire and sword, leaving nothing beyond bare walls.' A few years afterwards they destroyed Lindisfarne (for the second time), Wearmouth, Jarrow, and other monas- teries. The consequence of their ravages was that the see of Hexham was suppressed ; Lindisfarne also (towards the ^ Migne's Patrolog. (Alcuin, vol. i. ep. 49). ^ a.d. 804. ' See post^ p. 200. (The date of this charter, as given generally in the Chronicles, is wrong, probably through confusion with that of A. D. 854. ) * Hist. Dunelmensis Ecclesia, cap. 6, etc. CHAP. IV THIRD PERIOD ANGL 0-SAXON CHUR CH 171 close of the century) was removed to Chester-le-Street, and afterwards to Durham. The same chronicler^ says : * Christianity was all but extinguished ; very few churches were rebuilt ; no monasteries were refounded for about two hundred years ; the country people never heard the name of a monk, and were frightened at his garb, till some monks from Winchelcomb brought again the monastic way of living to Durham, York, and Whitby.' The havoc wrought in Mercia, and especially in East Anglia, was not less. In 869-871 the great monasteries of Bardney, Crowland, Peterborough, Ely, and Repton were utterly destroyed, their libraries burnt,^ their charters torn up, their inmates exterminated. The power of the Danes be- came absolute in East Anglia; and it extended (before Alfred's great victory in a.d. 878) as far west as Gloucester and Chippenham. The sees of Lindsey (for some time before in abeyance) and of Leicester were suppressed, being united nominally with Dorchester in Oxfordshire. The monasteries of Abingdon, Evesham, and Malmesbury were brought very low. Of the bishoprics left in the south, four were vacant at the time of Alfred's death ; ^ there had been no West Saxon bishop for seven years ; and some chroniclers add (what must be fabulous) that Pope Formosus pub- lished, or threatened, an interdict against England on that account. It was to apply a remedy to this state of things that Archbishop Plegmund, in a.d. 905, consecrated seven bishops in one day : four for vacant sees, three more for new sees, then erected, at Wells and Crediton, and for Cornwall — to which, in the following year (a.d. 906), another was 1 Ubi supra. 2 * Ecclesice cum bibliothecis suis a Danis combustce fuerant ' (Gervase of Canterbury, Stubbs' ed. 1880, vol. ii. p. 48). * See Mansi, Concil. , vol. xviii. p. 1 1 1 ; and note {ibid. ), as to the im- possibility of the supposed interdict. 172 ANCIENT FACTS AND FICTIONS part ii added at Ramsbury, for Wiltshire. This was in the time of Edward the Elder. What the state of England south of the Humber generally was in Alfred's time, he has himself described, in the preface to his translation of Gregory's Pastoral: ^ ' So utterly has learning perished in the English nation, that there are very few {paucissimi) on this side the Humber who can understand their common prayers in the English tongue, or translate any Latin writing into English. So few, indeed, have there been, that I cannot remember so much as one on the south side of the Thames, at the time when I succeeded to the kingdom.' He contrasted this with the state of things which he had seen ' before everything was destroyed and burnt': 'churches, throughout the nation, well furnished with ornaments and books, and served by a multitude of the servants of God ; ' foreigners resorting to England *for wisdom and learning,' instead of Agoing, as they now did, to seek them abroad.' § 2. Other Causes of Decay. There were other causes which contributed to produce this change. Even in the prosperous times of Boniface and Bede, many of the smaller houses, which had the name and the privileges of monasteries, were resorted to rather as sanctuaries or asylums from the insecurity of secular life, than for purposes of religion. In many of them there was sloth, ignorance, self-indulgence, and worse corruption.^ These, if they escaped the ruin of the greater houses, probably sank into a worse state than before. And these ^ Wise's ed. of Asser (Oxford 1722), p. 87. Alfred named, as exceptions, his own instructors, Archbishop Plegmund, Asser, and Grimbald, and his chaplain, John [Scotus Erigena]. ^ See Haddan and Stubbs, Councils, vol. iii. pp. 320, 321, 381. CHAP. IV THIRD PERIOD ANGLO-SAXON CHURCH 173 evils were aggravated by the insular character of the Anglo- Saxon Church. Wasserschleben,! observing that * through- out two centuries, English literature offers us no trace of an independent work,' such as the ' Penitentials ' of Theodore and Archbishop Egbert, attributed this, * in part, to the cir- cumstances of dependence in which the English Church more and more stood towards the kings : ' * Ecclesiastical action was, in various and many ways, ruled and determined by peculiar laws. That union with Rome, which might have given protection to the Church, was very loose ; and the influence of the Pope in the ecclesiastical affairs of England was, consequently, extremely small.' § 3. Church Organisation. I have had occasion to speak of the suppression of some, and the establishment of other, bishoprics during this period. To that subject it will not be necessary to revert. It may be concluded, with reasonable certainty, that the destruction of so many monasteries by the Danes, depriving the Chris- tian people of the means of receiving baptism and other ordinances of religion in the 'baptismal' churches, so destroyed, made laymen generally more dependent than they had previously been upon the priests and the services of private chapels or oratories; and that it was found necessary by the bishops to enlarge the powers and functions of such rural priests, and to consecrate, as burial- grounds, the precincts of some of those chapels or oratories. We shall find, in King Edgar's time,^ proofs that this step towards the creation of the modern parochial system had then been taken. ^ Die Btissordnungen, etc. (Halle 1851), preface, p. xlix. 2 Post, p. 220. 174 ANCIENT FACTS AND FICTIONS part ii § 4. Archbishop Wtilfred^s Canons. Of this, however, there is no trace in anything which remains to us of the ecclesiastical documents of the ninth century. There is, I think, proof that no such change had taken place before or during the first quarter of that cen- tury, in the canons of the only ecclesiastical council held during the whole third period — that of Chalchyth, under Archbishop Wulfred, in a.d. 816.^ Five of those canons — the second, fifth, ninth, tenth, and eleventh — have a bearing, more or less direct, upon the point. The second ^ of those canons relates to the form and manner of proceeding in the consecration of churches — called in it by the several names of ecclesicdy basiliccB, and oratoria — all applicable to any buildings dedicated for the worship and service of God. The word parochia does not occur in that canon; nor is there anything in it from which the idea of a parish church (in any sense of the term) can be collected. In the fifth canon,^ the word parochia is used to in- clude any assigned sphere of local duty, from the diocese of a bishop to any mission-field of a priest acting under proper authority. The object of that canon was to prevent Irish clergy {Scoti) from officiating in English churches. This it interdicted, on the ground of the impossibility of ascertaining that they had been properly ordained. And then followed (argumentatively) the passage in which the word parochia occurs : *We know how the canons enjoin that no one of the bishops or priests attempt to invade another's " parish " {paro- * Haddan and Slubbs, Councils, vol. iii. p. 579. 2 Tbid., p. 580. 3 fi,j'j^ p^ ^3, CHAP. IV THIRD PERIOD ANGLO-SAXON CHURCH 175 chiam), without the consent of the bishop having authority there (jproprii episcopi). So much the more are men of alien races to be repelled from the exercise of the sacred offices of the ministry {sacra ministerial who are under no metropolitans, and pay them no respect.' The reference here to 'the canons' is sufficient proof that, by parochia, a parish of the modern kind was not meant. The ninth ^ canon (relating to synodical judgments, and to the manner of their authentication and publication, by archbishops and bishops in their several dioceses) used the word parochia twice, in both instances unequivocally for the diocese of an archbishop or bishop. The tenth 2 related to the funerals of deceased bishops : * It is commanded, and we appoint this firmly to be ob- served, both in our own days, and in future times by all our successors, who after us shall be appointed to the same sees, that as often as any one of the bishops shall depart this life, then we enjoin {prcscipimus) the division and distribution of the tenth part of his substance, of whatever it consists, among the poor for the benefit of his soul, — whether flocks or herds, or sheep and swine, or even what is in the cellars {in cellariis) ; and further, that liberty be given to every English-born man {Angliscum), who in his days has been brought under slavery; so may he earn the reward of his labour, and the remission of his sins. Let there be no contradiction, in any point, by any person, to this article {capituld) ; but let it rather, as is most meet, receive augmentation from our successors ; and let it be honoured and held in remembrance for ever hereafter, through- out all the churches subject to our rule : — at all events, the prayers and alms, upon which we have specially agreed among ourselves {condictam habemtis) — that at once, in every diocese, and in all the churches {per singulas parochias^ singulis quibusque ecclesiis\ the whole company of God's 1 Haddan and Stubbs, Councils, vol. iii. p. 583. 2 j/^jj 176 ANCIENT FACTS AND FICTIONS part ii servants {pmnis famulorum^ Dei coetus) shall assemble at the sound of a bell in the church, and there all together {J>ariter\ sing thirty psalms for the soul of the dead ; and, after that, each bishop and abbot is to cause 1 50 " psalteries " {psalterios\ and 1 20 masses, to be celebrated ; and to set free three men, distributing to each of them three shillings {solidos) : and all the servants of God {singuli servorum Dei) are to keep fast that day ; and for thirty days, at the canonical hours, after the full course of the prescribed services, the Lord's Prayer is to be sung for him : — all of which being done, on the thirtieth day from his death they are to have a refection, as good as that which they are wont to have on the birthday of each of the apostles. And let them, through all the churches, pray as faith- fully for him as they would for those of the household of faith among them {J>ro eorum domesticis fidei) : that so, by the grace of such common intercession, they may earn for themselves a common share with all the saints in God's eternal kingdom.' It is manifest that, in this canon, parochia means diocese; and that the churches spoken of were conventual, having bishops or abbots at their head, with bodies of monks or clergy {famulorum^ or servorum DeiY living together in community ; such as there were (generally) in the old ' baptismal ' churches, and such as there would not be in any parish churches of the modern kind. And it is to be observed, in the same connection, that three other canons of this series related to monasteries, while there were none applicable to parish churches of the modern kind, or to the appointment or the duties of priests in charge of them. The remaining canon (the eleventh^ and last), in which 1 This expression, and * servorum Dei^^ signifies the monks, etc., of convents (see Sharon Turner's History of the Anglo-Saxons ^ 5th ed. 1828, vol. i. p. 493). 2 The terms of King Ethelwulf's charter of a.d. 844 are similar, and lead to the same inference, as still applicable to Anglo-Saxon churches generally, at that time {sttpost^ p. 201, note). * Ilnd.^ p. 584. CHAP. IV THIRD PERIOD ANGLO-SAXON CHURCH 177 the word parochia also occurs, uses it distinctly for diocese : * No bishop is to invade the diocese (J)arochia?n) of another, or to draw to himself anything belonging to the ministry of another bishop, in the consecration of churches, or the ordination of priests or deacons, except the archbishop only, who is the head of all the bishops of his province. The rest are to be content with their own, or to minister by the consent or license of the bishop in whose diocese {diocesi) any one of them may be ; and if any do otherwise, they are to be corrected by the archbishop's judgment.' § 5« Opinions of Selden and Lingard. If, in thus arriving at the conclusion that at the begin- ning of the ninth century there was no approach to parishes of the modern sort in England, I may appear to differ from Dr. Lingard, and perhaps (in a less degree) from Selden,^ the reason is that those eminent men relied for this purpose upon authorities now discredited. Dr. Lingard ^ assumed that the * Excerptions,' ascribed to Egbert (Archbishop of York in the preceding century), were a genuine work of that prelate ; and as in those * Excerptions ' there was contained what I may describe as the ' manse' ordinance of the capitulars made by Louis the Pious at Aix-la-Chapelle in a.d. 816, he drew from this, taken in connection with the later laws of Edgar and Canute, conclusions which might have been reasonable enough, if his premiss had not been erroneous. But nothing is more certain than that those ' Excerptions ' were not from the hand of Archbishop Egbert, and that they really belong to a much later time. Selden,^ when * Hist, of Tithes, ch. 9 (ed. 1618), p. 261. 2 Antiquities of Anglo-Saxon Church, vol. i. p. 93, note. His refer- ences in that note to * the many regulations in Wilkins, pp. 103, 245, 300, 302,' are to portions of Egbert's * Excerptions ' and the laws of Edgar and Canute. * Ubi supra. N 178 ANCIENT FACTS AND FICTIONS part ii he wrote that by the beginning of the ninth century, 'lay foundations were grown very common, and parochial limits also of the parishioners^ devotions^ relied upon a number of lay appropriations of churches to Crowland Abbey, which he found recorded in the chronicle of Ingulph, or of the writer who assumed that name. The true character of that chronicle was not then so well under- stood as it is now ; and this is not the only instance (as will be afterwards seen) in which Selden attributed to it more weight than it deserved. That many charters to Crowland Abbey, earlier than a.d. 800, should have been preserved after the total destruction of that monastery and the slaughter of all its monks in a.d. 869-871, is highly improbable. Ingulph, in the Conqueror's time, carried to London all the charters (real or pretended) of that monastery, and they were read before the king in council. Those (says the chronicler) * which were written in the Saxon hand, down to the last Mercian king, were treated with contempt' ; while those of Edred, Edgar, and the succeeding kings, * being written wholly or in part in the Gallican hand, were allowed;' the king confirming, by a charter of his own, Edred's grant.^ Mr. Thorpe ^ says that 'almost all the char- ters ' in Ingulph's work ' are forgeries ' ; and not only so, but that ' the narrative of Ingulph abounds in gross errors and anachronisms with regard to contemporary events.' Mr. Haddan and Bishop Stubbs say,^ as to the Acts of two pretended Councils of Benningdon and Kingsbury, recorded by the same chronicler, that they ' are unblushing 1 Ingulph, pp. 80-82. See Dugd ale's Monastic (Caley, Ellis, and Bandinel's ed.), vol. ii. pp. 98, 118. 2 Thorpe's Literary Introduction (to his translation of Lappenberg's History of England under the Anglo-Saxon Kings ^ 1845), p. 11 ^ Councils^ vol. iii. p. 633, note. CHAP. IV THIRD PERIOD ANGLO-SAXON CHURCH 179 forgeries.' No conclusion, even by the most learned men, can be worth more than the premisses on which it is founded ; and as to this matter, the premisses both of Dr. Lingard and of Selden were unsound. § 6. Pope Leo the Fourth! s Decretals, The inferences which I have drawn from the canons of Archbishop Wulfred's council receive confirmation from two rescripts or decretals of Pope Leo IV., the one in the form of a complete epistle ^ addressed * to the Bishops of Britain ' (probably sent by the hand of those messengers from King Ethelwulf who accompanied Prince Alfred on his first visit to Rome), and the other ^ without that address, but said by Walafrid Strabo to have been written for the Anglo- Saxon Church. In the former the Pope spoke of the provision for the offices of religion throughout every diocese as to be made by the bishop, ' by such priests and other clerks as he should provide.' By the latter (following, as he said, the rule laid down by his predecessors) he directed that tithes should be paid to * baptismal ' churches only. § 7. Tithes : Treaty between Edward and Guthrum. Passing from the subject of organisation to that of tithes, we obtain no new light till the beginning of the tenth cen- tury. The celebrated charters of King Ethelwulf do not (as will, hereafter be shown) relate to tithes ; and (unless the decretal of Pope Leo IV., just mentioned, be an exception) there is nothing else on the subject in this third period, earlier than a.d. 906. King Alfred was a legislator ; but ^ Migne's Patrologice Cursus^ vol. cxv. p. 667. 2 Ibid.f p. 674 : ^ De decimis, justo ordine, non tantum nobisj sed majoribus visum est, plebibus tantum^ ubi sacrosancta dantur baptis- mata. dari debereJ* i8o ANCIENT FACTS AND FICTIONS part ii in his laws there is nothing about tithes. He made a treaty of peace with Guthrum (the first Danish king who professed Christianity and was baptized), by which the government of the eastern parts of England was, on terms then agreed upon, conceded to the Danes. In that treaty ^ there was nothing about tithes. But after the death of both those kings war again broke out between their succes- sors ; and that war was terminated by a second treaty of peace, confirmed (more than once) by English witenagemots, under which the same territory was again left in the pos- session of the Danes. I am disposed, with Mr. Kemble,^ to distinguish a treaty of that kind (though confirmed by the English national legislature) from a municipal law. It was a compact between the King and State of England and the Danish ruler, as to the government of certain parts of England conceded to him. It did not (in my judgment) impose any reciprocal obligation upon Edward as to the government of his own kingdom, or any new law upon his subjects beyond the Danish territory. Its interest, however, with respect to the present subject is considerable, because one of its stipulations related to tithes and other church dues. ' If any one withhold tithes, let him pay lah-slit among the Danes, wite among the English ' ; the same thing, in the same terms, being also provided as to (i) Peter's pence {Rom-feoh)) (2) * light-scot ' ; (3) * plough-alms ' ; and (4) any other * divine dues.' Lah-slit and wite were the Danish and Saxon mulcts or penalties (the one, according to Selden, equivalent to twenty, and the other to thirty shillings) for ordinary misdemeanours. Selden,^ after citing that provision of the treaty as to ^ Thorpe's Ancient Laws, etc. , vol. i. p. 1 53. * Saxons in England, vol. ii. p. 476. » Hist, of Tithes, ch. 8, § 3 (ed. 1618), p. 203. CHAP. IV THIRD PERIOD ANGLO-SAXON CHURCH i8i tithes, said : ' It may seem by this that some other law pre- ceded, for the payment of tithes, or else that the right of them was otherwise supposed clear.' On looking into the earlier national legislation, I think it is reasonably certain, that there was no preceding secular law for the payment of tithes. Alfred,^ in the preface to his own code, said that he had collected everything which he had approved out of the laws of earlier legislators, mentioning by name his ancestor Ina, * Offa^ king of the Mercians J and Ethelbert, the first Christian king of Kent. Among the laws of Ina, which he republished, there are two articles ^ relating to * church-scots,' viz. : <§ 4. Let Church-scots be rendered at Martinmas. If any one do not perform that, let him forfeit sixty shillings and render the church-scot fourfold.' '§61. Church-scot shall be rendered according tothehealm and to the hearth that the man is at in mid-winter.' There is nothing as to any other kind of church dues, except church-scot, — nothing, therefore, as to tithes, in any of the earlier laws republished by Alfred, or in those under his own name. And that he would not have been likely to disapprove of an earlier law for the payment of tithes, if he had met with it, may be inferred with certainty, not only from his maintaining those laws of Ina as to * church-scot,' but from the fact that the preface to his code begins with a 1 Thorpe's Ancient Laws, etc. , p. 59. 2 Ibid., pp. 105- 141. Church-scot was 'originally a certain measure of corn paid to the Church' (note, ibid.); mentioning claims to it by the monasteries of Worcester, Pershore, and Glastonbury ; and adding that ' the definition given by White Kennett seems best suited to the generality of the Anglo-Saxon term : "It was sometimes a general word, and included not only corn, but poultry or any other provision that was paid in kind to the religious.'" It was quite distinct from tithe. i82 ANCIENT FACTS AND FICTIONS part ii summary of Levitical laws (' the dooms which the Almighty God Himself spake to Moses, and commanded him to keep ') ; among which is the Levitical commandment as to tithes : * Thy tithes, and thy first-fruits of moving and growing things, render thou to God.' ^ I conclude, that there was no secular law before the time of Edward the Elder for the payment of tithes. What, then, is the proper explanation of the article as to tithes and other church dues in the treaty of peace with the second Guthrum ? ^ Any one who examines the whole treaty (which method should be observed by all who wish to avoid risks of error in the interpretation of ancient, or indeed any, documents) must perceive that there is in it only one article — the last^ — which does not relate to ecclesiastical matters ; and also that it enforces religious and ecclesiastical obligations in a manner and to an extent for which there had been, down to that time, no precedent in Anglo-Saxon legislation. The reason (as it seems to me) is this; — that the Danes were, many of them, still heathens, and of those who were nominally converts to Christianity not a few remained, and were likely long to remain, in a state of semi-paganism. They were the same people who not very long before made havoc with churches and monasteries ; they had, by their recent insurrection, violated the former treaty ; and it is, at least, probable that during that war churches had again suffered. It is easy to understand that under those circumstances strong guarantees for the continuance of Christian usages, and for the customary rights of the clergy and the Church (whether previously ^ Thorpe's Ancient Laws, etc., vol. i. p. 53 (art. 38 of Levitical Laws). 2 Jbid.^ pp. 159-177 (see art. 6, p. 171). ^ Ibid., p. 175. CHAP. IV THIRD PERIOD ANGLO-SAXON CHURCH 183 secured to them by law or not), might be thought necessary. In the parts of England under Danish government there would be a mixed population of Anglo-Saxon Christians — the more numerous, but the weaker class — and Danes, the rul- ing, military, and powerful class, of whom many were pagans, or not much better. It was to be expected, with this state of things in prospect, and with the experience which they had of the past, that the bishops and clergy of (what I may call) the ceded provinces should look to Edward, as lord paramount of all England, for special protection ; that his ecclesiastical counsellors should use their influence with him to obtain a treaty of this character ; and that he should consider it a duty incumbent upon him to stipulate for the protection which they desired. It was natural that such stipulations, in such a treaty, for the benefit of the Church in dioceses under Danish government, should before long be followed by corre- sponding legislation for other parts of the Anglo-Saxon kingdom. The political power of ecclesiastics was on the increase. The observances and church dues in question were customary, and were recognised as of canonical obli- gation ; custom, in certain states of society, passes easily into law; and the line of separation between civil and ecclesiastical legislation was not then clearly drawn. § 8. King Athelstan's Tithe Ordinance. A royal injunction for the payment of tithes, although not made or confirmed in the manner necessary to give it the force of a national law, was a step of much importance in that direction. That step was taken by Athelstan, Edward's successor, about a.d. 927, — whether at the time when the Council of Greatanlea was held, or not, seems to me un- i84 ANCIENT FACTS AND FICTIONS part ii certain. I do not understand, from the text of the first * Ordinance of King Athelstan,' ^ as printed by Mr. Thorpe, that the Council of Greatanlea is mentioned in the Anglo- Saxon manuscript of that ordinance. It is distinguished, both by a separate title and by internal evidence, from- the laws which follow (headed Athelstan's Ordinances),^ and which are on subjects really secular. The Tithe Ordinance was a royal injunction, addressed to the king's reeves, and to the bishops and ealdormen ; it purports to have been made, not with the concurrence of the ecclesiastical and lay * witan,' but by the king, * with the counsel of Wulfhelm^ archbishop, and of my other bishops! It was communicated, as a royal message, to 'the bishops, thegns, counts, and villeins of Kent ; ' who acknowledged it in a dutiful reply,^ thanking the king for 'his admonition,' and stating their willingness and desire to comply with it. They called it by its proper name; it was not (as Dean Hook calls it) a 'Canon;' it was a Royal Admonition — conceived under ecclesiastical advice, and in ecclesiastical style. It is in these terms : * ' I, Athelstan, king, with the counsel of Wulflielm, arch- bishop, and of my other bishops, make known to the reeves at each burgh, and beseech you, in God's name, 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 the reeves command it to all who ought to obey them, that it be done at the right term. Let us bear in mind how Jacob the Patriarch spake : " I will 1 Thorpe's Ancient Laws ^ etc., vol. i. pp. 195-199. 2 Ibid., p. 199. (Both these distmct titles are in the Anglo-Saxon manuscripts.) ' Ibid., p. 216. * Ibid., p. 195. CHAP. IV THIRD PERIOD ANGLO-SAXON CHURCH 185 offer to Thee tithes, and sacrifices of peace ; " and how Moses spake in God's law : " Thou shalt not delay 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 nine parts when we least expect ; and moreover, we have the sin in addition thereto. ' And I will, also, that my reeves so do, that there be given the church-scots and the soul-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 willing 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 that ye unjustly any- where acquire aught for me ; but I will 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.' This is not, in form, a public legislative act. It is a command, authoritative indeed, but only an exercise of the king's authority over his own reeves, and the bishops and ealdormen, to whom it was addressed ; and who, on their part, were to use such an authority over others ' who ought to obey them,' as they possessed by law. The penalties to which it referred, and to which those who neglected to obey it might be liable, were those of contempt against the royal authority — not fine or punishment for non-pay- ment of tithes. I shall now revert to a subject earlier in date, which it has been convenient to postpone for separate consideration — that of King Ethelwulf 's charters ; once supposed to have operated as a public grant of tithes to the Church through- out the united Anglo-Saxon kingdom. o - ,£ r CHAPTER V THIRD PERIOD KING ETHELWULF'S CHARTERS § I. History of the opinion that Ethelwulf made a grant of Tithes Selden, after examining some of the authorities, and par- ticularly Ingulph, whom he trusted, interpreted a charter of King Ethelwulf, passed in a witenagemot of his kingdom in A.D. 844, of which the text (differently reported, under wrong dates, and more or less corrupted) was found in several chronicles, as a grant of praedial tithes of the fruits of all lands, as to which that king could legislate, to the Church for ever. After Selden's time it became common for historians and ecclesiastical writers to speak of such a grant of tithes by King Ethelwulf as an undoubted fact. It is sufficient to name Dean Comber,^ Dean Prideaux ^ (who insisted much upon it, as the true legal foundation of the right of the clergy to tithes throughout England), Hume,^ Rapin,* Echard,^ and Milman.^ I am not sure that I understand — certainly I do not adopt — the argument, that Ethelwulf did not make a gift 1 Historical Vindication of the Divine Right of Tithes (1682), p. 169. 2 Original and Right of Tithes {t^. 1736, pp. 104-124). ' Hist, of England ifid. 1826), vol. i. pp. 64, 65. * Book iv., vol. i. p. 86. ^ Book i., cap. 4, pp. 65, 66. ^ Hist, of Latin Christianity ^ vol. ix. p. 10. CHAP. V KING ETHELWULF'S CHARTERS 187 of the tithe, 'because it was not his to bestow.'^ The charter by which that gift was supposed to have been made was a legislative act, assented to by the witenagemot of his kingdom. Such an act might operate upon all the property in the kingdom, though not belonging to the king. Even if the same thing had been already done, it would not have been unprecedented in those times to confirm an old grant (without mentioning it) by a new. § 2. Traditions of the Chroniclers. How the chroniclers referred to by Selden (to whom others must be added) understood the matter, is (as Selden justly said) ' best known by the words wherein they sum it.' These witnesses, whatever their value, may be classified under five divisions — (i) those whose language seems to import a grant, not of tithes, but of lands; (2) those who use the verb tithed (decifnavit) ; (3) those who speak of a grant of lands released from services or burdens ; (4) those who speak of release from services or burdens as the sub- stance of the grant; and (5) those who speak, unequivoc- ally, of tithes. I. To the first class belong the Anglo-Saxon Chronicle (as to this part, of the ninth century), and Hoveden (of the thirteenth). I. The Anglo-Saxon Chronicle.'^ — 'a.d. 855. In this year King Ethelwulf chartered the tenth part of his land and also of his whole kingdom, for the glory of God and his own eternal salvation.' Whelock's Latin translation is : decimam ^ Haddan and Stubbs, Councils, vol. iii. p. 637, note ; and see Hook, Lives of Archbishops, vol. i. p. 288. 2 Thorpe's A.-S. Chron. (1861), vol. i. pp. 124, 125 ; vol. ii. p. 57. The original of the material words is, * gebocade Aethelwulf cyning teothan duel his landes ofer cat his rice.'' i88 ANCIENT FACTS AND FICTIONS part ii terrcR sucb ei regnt quoque totius partem libra inscribens^ in laiidem Dei, suceque etiani cBterncR saluti consulens, dicavii)} 2. Hoveden?" — * Ethelwulf, the illustrious King of Wes- sex, in the nineteenth year of his reign, set apart a tenth of all the lands in his kingdom, and bestowed it upon the Church for the love of God, and for his own salvation.' II. To the second class belong Ethel ward (tenth cen- tury); Henry of Huntingdon, Symeon of Durham, and Ailred of Rievaulx (twelfth century) ; Robert of Gloucester (thirteenth) ; and a French Annalist, cited by Selden. 1. Ethelward.^ — 'a.d. 855. In this year King Ethel- wulf tithed all his possessions to be the Lord's portion, and so appointed it to be in all the government of his kingdom ' (decumavit de omni possess ione sua in partem Domini ; et in universo regimine principatus sui sic constituit). 2. Huntingdon. — * a.d. 854. In the nineteenth year of his reign, Ethelwulf tithed all his land to the use of churches, for God's love and his own redemption ' {totam terram suatn ad opus ecclesiarum decumavit, propter amorem Dei et redemptionem sui). 3. Symeon.^ — *a.d. 855. At this time King Ethelwulf tithed all the empire of his kingdom {decimavit totum regni sui imperium) for the ransom (redemptione) of his own soul, and the souls of his ancestors.' 4. Ailred.^ — ' So great was his zeal in almsgiving, that he tithed all his land for Christ, and divided the tenth part among monasteries and churches ' {ut tota?n terram suam pro Christo decimaret, et partem decimam per ecclesias et monasteria divideret). ^ Whelock's Bede (Appendix, p. 530). ^ Riley's transl. (1853), p. 38. ' Book iii., cap. 3 (Transl. in Giles, Six Old English Chronicles, 1848, pp. 23, 24). * Savile's Hist. Angl. Script. X, p. 121. ^ Ibid., p. 351. CHAP. V KING ETHELWULF'S CHARTERS 189 5. Robert of Gloucester :'^ * The king hereafter to holy Chyrche ys herte the more drou, And tethegede wel and al ys lond, as he agte wel ynou.' 6. The French Annalist? — ' He tithed the tenth plough- land of all Wessex to feed and clothe the poor ' {dismast la dime hide de tute West-Saxe . . . pur pestre et vestre les pouvres). III. To the third class belong William of Malmesbury (twelfth century); Roger of Wendover (thirteenth); Matthew of Westminster, and Bromton (fourteenth) ; and Stow (sixteenth century). 1. Malmesbury? — ' Turning himself to God's worship, he granted to Christ's servants the tenth part of all the plough- lands within his kingdom, free from all duties, and discharged from all liability to disturbance' (ad Dei cultum versus^ decimam otnjiium hydarum infra regnum suum Christifamtdis concessit^ liber am ab omnibus functionibus^ absolutam ab omni- bus inquietudinibus). 2. Wendover.^ — * a.d. 854. In this year, the magnificent .King Ethelwulf conferred upon God, and the blessed Mary, and all the saints, the tenth part of his kingdom, free from all secular services, exactions, and tributes ' {decimam regni sui partem Deo beatce Marice et omnibus Sanctis contulit^ liberam ab omnibus servitiis sceculanbus^ exactionibus^ et tributis). ^ Ilearae's edition (Oxford, 1724), p. 261. Selden thus gives the lines : ' The king to holye Chirche thereafter ever the more drough, And tithed well all his lond, as he ought, well enough.' {Hist, of Tithes, 1618, p. 206). 2 Cited by Selden {ibid., p. 205) from a fragment at the end of a manuscript of Nicholas of Gloucester, in the Cottonian Library. ^ Gesta Regum (Hardy's ed. 1840, p. 149). * Coxe's ed. 1841, p. 288. I90 ANCIENT FACTS AND FICTIONS part ii 3. Matthew Westminster'^ {verbatim^ as in Wendover). 4. BrotntonP- — ' It is written, that King Ethelwulf gave to God and the Church the tenth ploughland of the whole land of Wessex, free and quit of all secular services, for the food and clothing of the poor, weak, and infirm' {decimam hidam terrcB totius West-Saxiae Deo et ecclesice contulit, ab omnibus servitiis soscularibus liberam et quietam^ ad pascendiim et vestiendum pauper es, debiles^ et infirm os). 5. Stow.^ — 'This Athelwulfus did make the tenth part of his kingdom free from tribute and service to the king, and gave it to them that did serve Christ in the Church.' IV. To the fourth class belong Asser (ninth century) ; Florence of Worcester (eleventh) ; and Ralph de Diceto, Dean of St. Paul's (twelfth). 1. Assert — 'a.d. 855. In this year, Ethelwulf, the worshipful King of the West Saxons, released the tenth part of his whole kingdom from all royal service and tribute ; and by a perpetual inscription offered it as a sacrifice on the cross of Christ to the Triune God, for the ransom of his own soul, and the souls of his ancestors' {decimam totius regni sui partem ab ottini regali servitio et tributo liber- avity et in sempiterno grafio, in cruce Christie pro redemptione animce suae, et antecessorum suorum^ Uni et Trino Deo im- molavit). 2. Florence^ (^erbatimy as in Asser). 3. Diceto.^ — * A.D. 849. Ethelwulf, King of the English, released the tenth part of his whole kingdom from all 1 Frankfort ed. 1601, p. 138. * Qale, Script. XX., p. 808. 8 Annals (Hawes' ed. 1631), p. 'j*]. 4 Gale {Script. XX.\ p. 156. Asser was tutor to King Alfred, Ethelwulf's son ; and also his biographer. He is, therefore, the best witness on this subject. ^ Thorpe's ed. 1848, p. 74. • Savile {^Hist. Angl. Script. X.\ p. 450. CHAP. V KING ETHELWULF'S CHARTERS 191 royal service ; and went to Rome,' etc. (decimam totius regni partem ab omni regali servitio liber avit: Romam perrexit^ etc.) V. To the fifth class belong Ingulph (or whoever wrote under his name, not earlier than the eleventh century) ; John, Abbot of Peterborough (thirteenth) ; Langtoft (fourteenth) ; Hardyng (fifteenth) ; and Holinshed (sixteenth century). I. Ingulph} — *A.D. 855. It added to the prosperity of the old age [of Guthlac, Abbot of Crowland], that Ethelwulf, the famous King of the West Saxons, soon after his return from Rome (whither he had gone abroad with his youngest son Alfred to visit, with great devotion, the thresholds of the Apostles Peter and Paul, and the most holy Pope Leo), with the free consent of all his prelates and princes, who presided under him over the various provinces of all England, then first endowed the whole English Church throughout his realm with the tithes of all his lands and goods and chattels by a writing under his royal hand, in this form ' : {cum decimis omnium terrarum ac bonortcm sive catalloriim universam dotaverat Anglicanam ecdesiam per suum regium chirographum confectum, etc) The charter is then set forth ; after which the narrative is resumed. * But King Ethelwulf, for fuller assurance, laid this written charter (hanc chartulam scriptam) on the altar of the church of the Apostle St. Peter [at Winchester] ; and the bishops, for God's faith, received it, and afterwards transmitted it for publication throughout all the churches of their dioceses ' {per omnes ecclesias postea transmiserunt in suis parochiis publicandani). $. John, Abbot of Peterborough.^ — *a.d. 855. Ethelwulf ^ Fulman {Rer. Angl. Script., 1684), p. 17. * Hist. Angl. Script. J^m (London, 1724), p. 14. 192 ANCIENT FACTS AND FICTIONS part n was the first of the English who gave tithes to God' {decitnas primus Anglorum Deo dedit), 3. Langtoft — ^ * He was first of England, that gaf God his tithe Of issue of bestes, of londes, or of tilth.' 4. Hardyng — ^ ' He graunted the Church tythes of corne and haye, Of bestial also, through West-Sex, for aye.' 5. Holinshed,^ — *In the nineteenth year of his reign. King Ethelwulf ordained that the tenths or tithes of all lands, due to be paid to the Church, should be free from all tribute, duties, or services royal.' § 3. SelderCs Interpretation. Selden * acknowledged the difficulty of reconciling the divergent statements of these chroniclers; and also that ' out of the corrupted language of the charter it was hard to collect what the exact meaning was.' But he thought the difficulty might be overcome by understanding *the granting of the tenth part of the hides or plough-lands' to 'denote the tenth of all profits growing in them'; and he compared such a mode of expression with 'the tenth acre as the plough shall go' {decima acra sicut aratrum peragrabit\ which, he said, was 'used for tithing of the profits, in the laws of Kings Edgar, Ethelred, and Knout.' And, thinking that construction also sup- ported by the language of those chroniclers who spoke of 1 Hearne's ed. (Oxford, 1725), p. 19. * Page 193. ' Book vi., cap. 10. * Hist, of Tithes, ch. 8, § 4 (ed. 1618, p. 205). CHAP. V KING ETHELWULF'S CHARTERS 193 decimation of the lands of the kingdom, he arrived at the conclusion thus expressed : 'If we well consider the words of the chief est of these ancients^ that is^ Inguiphus^ we may conjecture that the pur- pose of the charter was to make a general grant of tithes, pay- able freely, and discharged from all kinds of exactions used in that time.' This reasoning is not satisfactory ; and perhaps it might not have appeared so to Selden, if he had esteemed the authority of Ingulph less highly than he did. It is doing no small violence to the natural sense of words to interpret ' inscribing in a book the tenth part of his la?id and also of his whole kingdom^ — ''gave the tenth part of his kingdom,^ — ^gave to God and the Church the tenth plough-lafid of all the land of Wessexj' — ' released the tenth part of his whole kijigdom fro?n royal service^ — as relating to tithes of the produce of land, and not to land itself. Nor is such a construction of such words, without any context to justify it, warranted by the analogy of any phrases used in the laws of Edgar, Ethelred, or Canute. In the laws of Edgar the phrase men- tioned by Selden does not occur ; his own^ Latin translation of the only law of Edgar in which the plough is mentioned is — ^Reddatur omnis Deci7natio ad Matrem Ecclesiam cui parochia adfacet de terra Thainorum et Villanorum sicut aratrum peragrabit^^ manifestly relating to the render of tithes. The phrase does occur in Ethelred's * Ordinances of Habam,' which we know only from the Latin of Bromton, and which I again take as Selden ^ gives it : — * Let every man . . . give his church -scot and proper tithe {rectam decimani)^ as in the days of our ancestors, when he did it best ; that is, as the plough shall go through the tenth acre ' {sicut aratrum peragrabit decimam acram). It is not 1 Hist, of Tithes (ed. 1618), p. 219. 2 //^^^^^ pp_ 222, 223. O 194 ANCIENT FACTS AND FICTIONS part ii the tenth acre which is the subject of the payment directed ; it is the tithe, to be collected fro7n every tenth acre. And in Canute's^ law the same language occurs, in a similar context, if possible still more clear. As for the word decimation^ it is not less appropriate to a gift, or to a release from tribute or service, of the tenth part of lands, than to a gift of the tenth part of the pro- duce of lands. Selden himself mentions instances (to which I have elsewhere referred)^ of decimal gifts, which had nothing to do with tithes. In those cases, and in others, — such as the extraordinary tithe spoken of by Giraldus Cambrensis,^ the special tithes levied by Boniface VIII.'* on ecclesiastical persons for the prosecution of his wars in Sicily, and the Crusaders' or 'Saladin' tithe ^ levied in A.D. 1 1 88 under the Le Mans Ordinance of Henry II. in Anjou, and the articles of the Council of Geddington in England, — the decimal measure was suggested, doubtless, by the same principle, derived from patriarchal and Levitical precedents, with tithes paid for the support of the ministry and charities of the Church. But they had nothing, be- yond that principle, in common with praedial tithes. And there is nothing more than this in the verb 'decimated,' used by Chroniclers of my second class as to Ethelwulfs charter. Their language is the same with that of those whom I have placed in the first, third, and fourth classes, except that, where the other Chroniclers use a noun, they use the corresponding verb. If Selden's is a great name, so is that of the earliest 1 Hist, of Tithes (ed. i6i8), pp. 223, 224. 2 Ibid.^ p. 208 [ante^ p. 149). * Ante, p. loi. * Extrav. Decret., lib. iii., tit. vii., cap. i. ^ See Gesta Henrtct II. (Stubbs), vol. ii. p. 31; and Go-vase of Canterbury (Stubbs), vol. i. p. 409. CHAP. V KING ETHELWULF'S CHARTERS 195 writer after him, who touched on the same matter — John Milton. In his History of Britain before the Conquest^ Milton placed upon the language of the older Chronicles its natural construction. Ethelwulf, he says, 'in hope of divine aid, registered in a book, and dedicated to God, the tenth part of his own lands and of his whole kingdom, eased of all impositions, and consecrated to the mainten- ance of masses and psalms weekly to be sung for the pros- perity of Ethelwulf and his captains ; as appears at large by the patent itself in William of Malmesbury.' § 4. The Extant Charters. It is obvious that, unless all the Chronicles can be re- conciled in the way which Selden thought possible, the choice (so far as the question depends upon, or may be affected by, their traditions), lies between Asser, the Anglo- Saxon Chronicle, and Malmesbury on the one hand, and Ingulph on the other. The later writers may all be re- garded as following one or other of these. But the charters which have come down to us, if genuine, are surer guides than any such tradition. Their genuineness has been doubted j^ and their text may be (as Selden thought it) more or less corrupted. But I do not think it possible to explain their number, and their form, on any other supposition, than that of the genuine- ness of some, if not all, of them; nor do I think it necessary to except from that favourable presumption the charter which Ingulph has recorded; which is, evidently^ 1 Milton's Prose Works (Fletcher's ed. 1834), book v., p. 530. 2 See Haddan and Stubbs, CottncilSy vol. iii. pp. 638, 639, 640, notes. 196 ANCIENT FACTS AND FICTIONS part ii an abridgment (with some corruption) of the earlier of the two mentioned by Malmesbury.^ Since Selden's time much additional light has been thrown on this subject, by the collection and arrangement of many documents bearing upon it. Most of them have been collected and classified in the learned works of Mr. Kemble,^ and of Mr. Haddan and Bishop Stubbs.^ Mr. Birch, in his Cartularium Saxonicum^^ mentions twenty- eight in all. Without entering into the question which (if any) of them are spurious, the result confirms Malmes- bury's statement, that there were two governing (or, as they might be called in modern phrase, parliamentary) charters, passed by Ethelwulf with the concurrence of witenagemots — the one in the earlier, the other in the latter part of his reign ; and they show, by a number of in- stances, how the benefit of those governing charters was applied to particular lands, in favour of religious houses and of public servants of the realm. To understand their true effect, little more is necessary than attention to the difference, in Anglo-Saxon law, between the two kinds of landed pro- perty, cdlXtdi folcland and bocland. ^ Folcland was the property of the community. It might be occupied in common, or possessed in severalty. . . . But, while it continued to htfolcland^ it could not be alienated in per- petuity ; and therefore, on the expiration of the term for which it had been granted,^ it reverted to the community, and was again distributed by the same authority. Folcland was sub- ject to many burdens and exactions from which bocland was ^ The charter given (in an abridged form) by Wendover, and after him by Matthew of Westminster, is also the same. 2 Codex Diplomaiicus ALvi Saxonici (1840), vol. ii. 3 Haddan and Stubbs, Councils^ vol. iii. pp. 625-645. 4 Vol. ii. pp. 5-93 (London 1885). ^ It was, generally, granted for life only. CHAP. V KING ETHELWULF'S CHARTERS 197 exempt. The possessors oi folcland were bound to assist in the reparation of royal vills and in other public works. They were liable to have travellers and others quartered upon them for subsistence. They were required to give hospitality to kings and great men in their progresses through the country; to furnish them with carriages and relays of horses, and to ex- tend the same assistance to their messengers, followers, and servants, and even to the persons who had charge of their hawks, horses, and hounds. Such, at least, are the burdens from which lands were liberated, when converted by charter into bocland.'' ^ The learned author, from whose work this extract is taken, goes on to refute some erroneous notions into which Spelman, Lambarde, Somner, and in more recent times Blackstone, had fallen, when they supposed y^/^A7«^ to have been always held by serfs in villenage, or only by the com- mon people. It might be, and it was, ' held by freemen of all ranks and conditions ;' by noblemen of the highest rank (of which he mentions an instance in King Alfred's time) ; it was * assignable to the thegns, or military servants of the State, as the stipend or reward for their services ' ; and it was often bestowed on monasteries and the Church. Those who held folcland on these conditions of tenure were, for breach of them, liable to forfeiture, or to penalties called ivite-rceden^ that is, fines or mulcts, exigible in addition to the performance of the principal obligation. 1 Allen's Inquiry into the Rise and Growth of the Royal Prerogative in England^ pp. 143-149. 2 Seethe use of this word in Ina's laws, §§ 50, 71 (Thorpe's Ancient Laws and Institutes^ vol. i. pp. 135, 149; and ' Glossary,' ibid.^ vol. ii., voce ' Wite '). In the grant by Ethelwulf to the Thegn Duda (a. d. 840) this term is evidently rendered into Latin by the words poenalium rerum ; and in the remarkable instance of that king's conversion of folcland into hocland in his own favour (a.d. 847), with the 'consent and license of his bishops and princes,' it is comprehended in the words vi exactorum operutn sive poenalium causarum ' (Birch, Cartularium^ vol. ii. pp. 5 and 33). 198 ANCIENT FACTS AND FICTIONS part ii ' Boclaitd (or land held by book or charter) had been severed by an act of government from X\\q folcland, and converted into an estate of perpetual inheritance. It might belong to the Church, to the king, or to a subject . . . Bocland was released from all services to the public, with the exception of contribut- ing to military expeditions, and to the reparation of castles and bridges. These duties or services were comprised in the phrase, trinoda necessitas; which were said to be incumbent on all persons, so that none could be excused from them. The Church, indeed, contrived in some cases to obtain an exemption from them : but in general its lands, like those of others, were subject to them.' i The release of foldand from the services, duties, ex- actions, penalties, and forfeitures thus incident to its tenure, — in other words, its enfranchisement, and conver- sion into bocland^ — could not be effected, even in his own favour, by the king,^ without the authority or consent of the national legislature. It became a frequent practice so to enfranchise particular lands, in favour of particular persons, by charters to which witenagemots consented.^ By the celebrated ' privilege ' * of Wihtraed, King of Kent (confirmed by Ethelbald of Mercia in a.d. 742), this had been done in a more general way, as to all the lands of the cathedral churches of Canterbury and Rochester, and eight other monasteries there mentioned. But when Ethelwulf succeeded to the crown, lands not so enfranchised were, to a large extent, in the hands of religious houses, and also of powerful laymen. ^ Allen's Ingm'ry, etc., pp. 143-151. 2 See the charter in Ethelwulf's own favour in Birch, Cartulariunit vol. ii. p. 33. 3 See Kemble's Codex Diplomattcus, vol. i. ; charters numbered 138, 140, 141, 142, 161, 162, 163. And Ethelwulf's own grants with assent of the Witenagemot before a.d. 844, in Birch's Cartularitnn (numbered 431, 438, 442), pp. 5, 13, 17, etc. * Haddan and Stubbs, Councils^ vol. iii. pp. 239, 340, 341. CHAP. V KING ETHELVVULF'S CHARTERS 199 The copies or abridgments of the first of the two governing charters which are the subject of our present inquiry, found in the pages of Ingulph, of Mahnesbury's Gesta Reguin^ of Wendover and of Matthew of West- minster (and also the abridgment of the second, ex- tracted by Selden^ from the chartularies of Abingdon Abbey), contain no specification of particular lands. But there can be no doubt, that in the originals from which they were taken (and which were preserved as title-deeds in the monasteries to which they belonged) a specification of particular lands in every instance followed ; as we learn from Malmesbury himself with respect to his own copy. His statement on that point is in the Gesta Pontificum ;'^ where, after mentioning certain quantities of land in seven townships (of which the names are given ^), as enfranchised {in libertate positd) under the charter passed at Wilton on Easter Day a.d. 854, he adds : ' The same king had before, in the first \f fifth'] year of his reign, made another charter of enfranchisement {chartam liber- tatis\ to churches only, of which I have here omitted to make mention, because I have set it forth in the Acts of the Kings j wherein he had specified these lands belonging to Malmesbury Abbey : — Ellendune^ 30 hides ; Elmhamstede^ i 5 ; Wdetune, 10 ; Cerlstane, 20 ; Toccanhajn, 5 ; Minti, 5 ; Reodburna^ 10.' (These denominations of land being different from the seven, enfranchised under the later charter.) The charter thus stated by the annalist of Malmesbury 1 Hist, of Tithes, ch. 8 (ed. 161 8), p. 208. 2 ' Fecerat autem solis ecclesiis cartam libertatis, quam hie praeter- misi, quia in Geslis Regum posui, anno primo regni sui, Incarnationis DCCCXL^^o \\\\^, a transitu beati Aldelmi centesimo tricesimo quinto ; ubi has terras ad Maldumesburg pertinentes nominaverat : Ellendune, etc' (Hamilton's ed. 1870, from the original MS. of William of Mal- mesbury, in Magdalen College Library, p. 390). ^ Piretune, 35 ; Lacot, 15 ; Suttune^ 5 j Corsaburn^ 5 ; Cridanvilley 10; Cemeky 10; Dojticisie^ il. ANCIENT FACTS AND FICTIONS Abbey to have been made in the first (? fifth) ^ year of King Ethelwulf's reign is manifestly the same with that abridged by Ingulph, and again abridged by Wendover, except that in the case of each monastery, the particular lands enfranchised (which these chroniclers omitted to mention) would be different. The Malmesbury charter has been printed by Mr. Kemble, and also by Mr. Haddan and Bishop Stubbs, from a Malmesbury cartulary, preserved in the Bodleian Library at Oxford, to which this rubric is prefixed : — ' Ho%v King Ethelwulf decimated his land to God aftd Holy Churchy and with what proportion of that tenth he enriched the Church of Malmesbury.^ {Quomodo j^thelwiilfus Rex deci- mavit terram suam Deo et Sanctce Ecclesice^ et quota parte hujus decimce Meldunensem Ecclesiam ditaverit.) As so printed, I now give the substance (and, so far as material, the form) of that document. It begins with the words (too common, as words of style in public charters, etc., of that period, for anything to turn upon them) 'Our Lord reigning for ever.'^ It then speaks (in terms which I have elsewhere ^ quoted) of the ravages and depredations of the Danes, and the danger of the times ; and it proceeds : ' Wherefore I, Ethelwulf, King of the West Saxons, with the consent of my bishops and princes, have resolved on a salutary counsel and uniform remedy, and have determined to make a gift of a certain portion of land heritably to those of all degrees who are already in possession of it, whether monks or nuns serving God, or lay people, in all cases of the tenth " mansion," or at the least the tenth part, perpetually enfranchised so as to be free and protected from all secular services, royal dues, ^ The text of Malmesbury is faulty as to the date ; probably the words anno primo ought to be anno qtiinto, Ethelwulf came to the throne A.D, 839, and the date of the charter in the Bodleian MS. is a.d. 844. 2 Regnante Domino nostra in perpetuuin.' ^ Ante, p, 170. CHAP. V KING ETHELWULF'S CHARTERS 201 tributes greater and less, or impositions called in our language " Wtterede7t" and that it be free from all things for the deliverance of our souls and the forgiveness of our sins, for the service of God only (so that there be not military expedi- tion, bridge-building, or fortification of castles ^) ; that so they may the more diligently and without ceasing pour forth their prayers to God for us, because we thus in some degree lighten their secular service.' After this, it is recited that Ahlstan, Bishop of Sherborne, and Helmstan, Bishop of Winchester (evidently in con- sideration of the benefit which would result from this Act to the Church), had agreed with their abbots and monastic brethren, that all their ' brethren and sisters ' should, in each church, assemble and sing fifty psalms, and every priest celebrate two masses, on every Wednesday, one for King Ethelwulf, and another for his ' dukes ' consenting to this gift {huic dono) for the ransom and remedy of their faults ^ ' Quamobrem ego Athelwtdfas Rex Occidentalium Saxonum cum consilio episcoporum ac principum meorum, consilium salubre at que uniforme remedium affirmavi, ut [ ? et\ aliquam portionem terrarum Jmreditariam antea possidentibus^ gradibus omnibus^ sive famulis et famulabus Dei Deo servientibus, sive laicis^ semper decimam mansionem, ubi minimutn sit turn, decimam partem., in libertatem perpetuam perdonare dijudicaviy ut sit tuta et munita ab om^iibus s(^cularibus servitutibus, fiscis regalibus, tributis majoribus et minori- bus, sive taxationibus quce nos dicimus Witereden ; sitque libera om- nium rerujn, pro remissione animarum et peccatorum nost?'orum, Deo soli ad serviendum, sine expeditione, et pontis instructione, et arcis munitione,^ e\.c. The word mansio is considered by Mr. Kemble equiva- lent to hide ; perhaps it might mean a hamlet or homestead with a certain quantity oifolcland attached to it. See the Latin rendering of Article 37 of Alfred's laws ' Of a bold-getcel. ' — * De viutatiojie mansionis : — Siquis ab una mansione in aliafn transire velit, facial hoc testimonio alderma^ini, in cujus comitatu prius folgavit.' The word sine before the trinoda necessitas was understood by Selden to mean a release from those bur- dens ; but it was probably in this plate a word of saving. (Thorpe, Ancient Laws, etc., vol, i. p. 87 ; vol. ii. p. 455. Selden, Hist, of Tithes, p. 207.) ANCIENT FACTS AND FICTIONS {pro mercede et refrigerio delictorum suoruni) ; prescribing particular psalms for each while living, and also for the con- tinuance of those solemnities after their deaths. Then follows the date : 'This charter (car^ula) was written, A.D. 844, on the seventh Indiction, on the day of the Nones of November, in the city of Winchester, in the Church of St. Peter, before the High 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 of our Holy Father Pope Gregory, and all the saints ; and then, for fuller assurance, King Ethelwulf placed the charter upon the altar of St. Peter, and the Bishops, for God's faith, received it from him : and afterwards they sent it through all the churches in their dioceses, as is aforesaid. Bu^ this land, which we shall enfranchise, belongs to the Church of Malmesbury {terra autem ista quain in libertatem ponamus ad Meldunesburgensem ecclesiam pertinet). Dcet is at Ellen- dune thrity hyde, and at Elmhamstede fyftene hyde, cet Wttu?te tien hyde, et Cherltune tuejitig hyde, et Minty vif hyde, at Rod- burne tien hyde? The document ends with a blessing on any who might increase, and a curse on any who might infringe or diminish the grant ; of which (being a matter of common style) nothing need be sai,d. And then are appended the signatures of the king, the two bishops Helmstan and Ahlstan, six dukes, three abbots, and sixteen royal officers {ministri). A construction of this document which would make it operate, not as an enfranchisement or authority for the en- franchisement of folcland, but as a grant of the tithes of the produce of the lands, is not reasonably possible. Laymen, as well as monasteries and churches, were to be benefited by it ; and all those on whom that benefit was to be conferred were already in possession {antea possidenti- bus). The benefit to the Church was probably greater than CHAP. V KING ETHELWULF'S CHARTERS 203 to laymen ; the Church in return was to sing psalms and offer masses for the donors while living, and for their souls when dead ; and in this way the donors hoped on their side to obtain some profit from their munificence. It was evidently an act of enfranchisement, and nothing else. We do not know how the tenth ' mansion,' or part en- franchised to each participator in this 'privilege' {Privilegium ^thelulfi Regis, as the similar grant of a.d. 854 was called in the Abingdon Cartularies),^ was ascertained. But the earliest annalist who spoke of it (or rather of that of a.d. 854) described all the privileged lands as chartered by Ethelwulf; and from that language (consistent with the grafio sempiterno of Asser), taken in connection with the quam in iiberfatem ponamus of the Malmesbury docu- ment itself, and the statement that the bishops 'sent it through all the churches in their dioceses,' — my inference is, that there was a book or terrier of the lands to be enfranchised as the quota of each church, annexed or appended to the governing charter ; and that the bishops sent to each a copy of the charter, with that part only of the annexed book or terrier in which it was directly con- cerned, in the manner appearing by the two 2 Malmesbury examples. This, however, applies only to such lands as were apportioned to the tenth ' mansion,' or part, contemporane- ously with the governing charters. There are examples 1 Selden, Hist, of Tithes (ed. 1618), p. 208. 2 The Malmesbury abridgment of the later charter of A. D. 854 is, on this point, exactly like the Malmesbury copy of the earlier charter, of which the tenor has been stated. The enumeration of the seven de- nominations of land, containing together eighty- two 'hides,' with which the abridgment ends, is also introduced by the words : * Terra autem ista quam in libertate ponimus ad ecdesiam pertinens Alaldtibesburg est^ etc. (Will, of Malmesbury, De Gest. Fontif.y Hamilton's ed., p. 390). 204 ANCIENT FACTS AND FICTIONS part ii extant of later grants of land in Wessex, founded (appar- ently) on the governing charter of a.d. 844, one to a lay- man, the king's apparitor,^ dated in a.d. 845; and one to Malmesbury Abbey,^ of a.d. 850. Of the second governing charter (the true date of which seems to have been Easter Day a.d. 854, though referred by most of the Chronicles to 855) it will be sufficient to give such an account, as may explain its points of difference from the first, and why it should have been passed at all. The first, as has been seen, was an act of enfranchisement {antea possidentibus), to those already in possession; it applied only to lands so possessed. But the second had a larger operation and effect upon all thQfoldand of Ethelwulf 's kingdom. Its difference from the first is marked in many ways. It was passed in the king's palace at Wilton, after St. Swithun had become Bishop of Winchester in the place of Helmstan ; the introductory part was not the same, there being here no mention of public calamities, but only of the transitory nature of this life. There was no solemn deposit of the document upon the altar of the cathedral church ; no transmission of copies by the bishops to all the churches of their dioceses. The psalms and masses promised by the bishops were the same ; but, while these were to be sung and said under the first charter on Wednesday, under the second they were to be repeated on Saturday also. Three full contemporaneous copies^ of it, introducing by way of preamble grants of enfranchisement (ista est autei7i libertas quam yEthehvtdf Rex in perpetuam libertatem concessit habere) of particular parcels of land defined by boundaries, 1 Birch's Cartularium, No. 449, vol. ii. p. 30. 2 Ibid., No. 457, vol. ii. p. 45. 3 Numbered 1054, 270, and 271 in Mr. Kemble's work. And see Haddan and Stubbs, Cozmcils, vol. iii. pp. 638, 640. CHAP. V KING ETHELWULF'S CHARTERS 205 — two to thanes, named Hunsige and Wiferth, the third to Malmesbury Abbey, — are printed in Mr. Kemble's Codex Diplomaticus. The material part of that charter of a.d. 854 is thus expressed : ' I have taken and carried into effect, with my bishops, and counts, and all my nobles, a salutary counsel, to grant a tenth part of the lands throughout my kingdom, not only to the holy churches, but have also granted to my servants, that they should hold it enfranchised for ever ; so that this donation shall remain fixed and unchangeable, discharged from all royal service, or other secular services.' 1 [Then follows the agreement of Bishops Ahlstan and Swithun, about weekly psalms and masses.] Of this charter, the royal officers or servants appear to have been especially favoured objects. If it had been otherwise, it would still have been impossible to under- stand deciniam partem terrarum of praedial tithes. In later charters, made by virtue of this, and in which the authority given by it is referred to (of which there are several, — two to Winchester Cathedral, ^ and one to a king's officer named Dunne ^), the subject of the grants was unequivocally land, not tithes. All the best historical critics of the present century, who have paid any attention to these charters of Ethelwulf, are agreed in conclusions not differing in substance from my own ^ * Consilium salubre cum episcopis^ et comitibus cunctis que optimati- bus nieis perfect, ut decimam partem terrarum per regmcm meum, non solum Sanctis ecclesiis darem, veram etiam et ministris meis in per- petuam libertatem habere concederem ; ita tit talis donatio fixa incom- mutabilisque permaneat, ab omni regali servitio et omniufn scecularitim absoluta servitute.' (De Gestis Pontificum : Hamilton's ed., jx 390.) 2 See Haddan and Stubbs, Councils, vol. iii. pp. 641-643. 3 Ibid., pp. 644, 645. 2o6 ANCIENT FACTS AND FICTIONS tart ii — Dr. Lingard,^ Mr. Sharon Turner, ^ Mr. Kemble,^ the late Mr. Haddan and Bishop Stubbs.* The policy of those charters was, perhaps, not so purely ecclesiastical as might at first sight appear. The times were such as to make the subtraction of large quantities oifolcland from the distributable public estate, out of which soldiers and civil servants might be rewarded, inconvenient. Bishop Ahlstan was a statesman and a soldier, as well as a churchman. Swithun was also a trusted minister of the king. The enfranchisement of a certain proportion of the folkland in ecclesiastical hands might make the resumption of other parts for State uses more easy; and it might check the frequency of applications to the king and Witenagemot, in particular cases, for privileged grants of such land. Nor is it to be assumed, that because, by the second charter, the king took power to grant in bocland as much as a tenth part of the folkland of the whole kingdom of Wessex, that power was fully exercised. The charter was potential, not impera- tive; it may have had (like the first) a 'book' or terrier of grants already determined upon appended to it : but the extant subordinate charters prove that these did not exhaust the power. ^ Antiquities of the Anglo-Saxon Church (1806), vol. i. p. 126; and note (A) at p. 303. 2 History of Anglo-Saxons (5th ed. 1828), vol. i. p. 493. 3 Saxons in England (1876), vol. ii. pp. 480-485. * Councils J vol. iii. pp. 637, 638, 642, note. CHAPTER VI FOURTH PERIOD THE PRIMACIES OF ODO AND DUNSTAN § I. New Relations between England and the Continent It has been seen that in Alfred's time learning was so utterly lost in England, that, with a few exceptions (such as Archbishop Plegmund, Asser, Grimbald, and his own chaplain John),^ hardly any priest could be found who knew Latin ; and those who desired instruction had to go abroad for it The monastic libraries had been destroyed ; it was on the Continent, and not here, that ecclesiastical litera- ture, even of Anglo-Saxon origin, was still known and pre- served. Alfred's son, Edward, was an unlearned man; but he advanced the cause of learning through the alliances by which he sought to strengthen himself in his kingdom. Four of his daughters married French or German kings and princes.^ The way was thus opened for more frequent intercourse between this country and the Continent. Athel- ^ Gervase of Canterbury (Stubbs'ed. 1879; vol. ii. pp. 44, 45) adds to the exceptions enumerated by Alfred the name of Wenefrid, ' Bishop of the Wiccians.' * Ecclesice ' (he says) * cum bibliothecis suis a Danis combustcB fuerunt, et propterea in iota insula studium litterarum abolitum est^ quod quisque magis vererehir capitis perictdum, quam sequeretur librorum exercitium.^ 2 See Lappenberg, Hist. (Thorpe's transl.), vol. ii. pp. 99, 107, 109, no. 2o8 ANCIENT FACTS AND FICTIONS ' part ii Stan, Edward's son, sent presents to foreign monasteries \ ^ and in foreign monasteries, from the latter days of Alfred, many English youths destined for the service of the Church received their education. § 2. Archbishop Odo. Among these was Odo (or Oda), by birth a noble Dane,^ who, in the year after the accession of Edmund, Athelstan's half-brother, to the throne, became Archbishop of Canter- bury. He had taken the monastic habit ^ in the Benedictine monastery of Fleury, near Orleans. He governed the Church of England for seventeen years, with a constant view to its revival or reformation upon monastic principles. It was under his primacy that Dunstan, and his colleagues Ethelwold and Oswald, rose to power ; and if the fame and the honours of canonisation with which the Benedictine party rewarded their successful champions fell to the lot of the disciples rather than the master, the policy which triumphed was that of Odo.* § 3. The Reforming Triumvirate. Of the men who completed the revolution for which Odo had been preparing the way. Bishop Stubbs^ says, that 'Ethelwold was the moving spirit; Oswald tempered zeal with discretion ; Dunstan may be credited with such little moderation and practical wisdom as can be traced.' From that estimate of their characters I see no reason to ^ See Lappenberg, Hist. (Thorpe's transl.), vol. ii. p. iii. 2 Hook, Lives of Archbishops ^ vol. i. p. 361. ' See Eadmer's Life of St. Oswald (Wharton's Anglia Sacra, vol. ii. p. 194). ^ Stubbs, Memorials of Dunstan^ Introd., p. xxxvii. See ante, p. 415, and Appendix B. ^ Memoi-ials of Dunstan, Introd., p. xcviii. CHAP. VI PRIMACIES OF ODO AND DUNS TAN 209 differ. Dunstan was the eldest, Oswald the youngest of the three; all rose to positions of influence early in life. Dunstan had the largest mind, and the most statesmanlike qualities ; Oswald had seen most, and Ethelwold least, of the Church and the world beyond England. But they were men of one purpose, and of equal resolution and courage. It is important, with reference to some questions which remain to be examined, that the influence of foreigners, and of foreign Church literature, upon them, and upon the Anglo-Saxon Church in their time, should be understood. § 4. Oswald, Bishop of Worcester, and his Foreign Associates, I will speak of Oswald first. Archbishop Odo's nephew, who when young became a monk at Fleury,^ as his uncle had been before him; passing there through minor orders and the diaconate to the rank of priest. He returned to England, and in King Edred's time went abroad again, with a company whose destination was Rome ; but he turned aside to Fleury, upon some mission (as is supposed) from his ecclesiastical superiors.^ When Dunstan became arch- bishop in A.D. 960, he was made Bishop of Worcester, and in 972 Archbishop of York. He was very active in the expulsion of the married clergy from the greater mon- asteries of Mercia, and in bringing those houses under the Benedictine rule. Bishop Stubbs^ says that 'while the monastic movement had taken its rise at Winchester, it was received with most favour in Mercia.' He brought over from France * several learned men to instruct the inmates ^ Eadmer's Life of Oswald (Wharton's Anglia Sacra, vol. ii. p. 194). At Fleury he is said to have been a disciple of Abbo. 2 Ibid., p. 195. 3 Memorials of Dunstan, Introd., p. xcviL * Eadmer's Life {ubi supra), pp. 200, 201. 2IO ANCIENT FACTS AND FICTIONS part ii of some of those monasteries in the Benedictine discipline, and in grammar and the liberal arts. Among these was Abbo ^ of Fleury, a man afterwards famous, who, after passing some time at Paris and at Rheims,^ had returned to his native diocese of Orleans. Oswald, in a.d. 985, made him chief instructor to the monks of Ramsey Abbey, and ordained him priest. Abbo, while in England (perhaps before), was intimate with Dunstan,^ and composed, at Dunstan's request, and from materials furnished by him, a Life of St. Edmund of East Anglia. On his return to France, he became abbot of his own monastery of Fleury ; and in that character attended the council held at St. Denis towards the end of the century, and entered into a contro- versy about monastic tithes, which I have elsewhere men- tioned, with his own diocesan, Arnulph of Orleans, and other French bishops.* He lost his life in some affray arising out of the enforcement of monastic discipline, in A.D. 10 14; and was reckoned among martyrs and saints by the Galilean Church.^ Oswald also sent to the Continent, at his own expense, a monk of Worcester, of his own name, who returned after visiting most of the great monasteries of France and the ^ Eadmer's Life {ubi supra) ^ p. 201. 2 See Moreri, Dictionnaire, in nom. * Abbon, de Fleuri.' ^ Stubbs, Memorials of Dunstan, Introd., p. xix. ; and see Life of Oswald (Wharton's Anglia Sacra, vol. ii. pp. 201, 202). Moreri says, ' His merit was recognised and honoured by King Ethelred, and the great men of the kingdom of England.' * Aitle, pp. 65, 66 ; and see his Apologeticus^ etc., in the Appendix to Pithou's Codex Canomim Vetus Ecclesia Romance (Paris 1687) ; in Mabillon's Vetera Analecta ; and Gallandii, Bibl. Veterum Patrum (Venice 1781), vol. xiv. p. 141 et seq. ; also Baronius, Annales, vol. xvi. p. 434. ** Moreri, ubi supra; and see Wharton's Anglia Sacra, vol. ii. pp. 201, 202. CHAP. VI PRIMACIES OF ODO AND DUNS TAN 211 Low Countries, among others Corbey and Fleury. He died in a.d. 10 10.^ § 5. Ethelwoldy Bishop of Winchester. •Ethelwold^ was a Benedictine monk of Glastonbury, when Dunstan was abbot there. In King Edred's time he wished to cross the sea with a view to self-improvement ; but his presence in England was thought of sufficient im- portance for leave to be refused him by the king. Soon afterwards he was made Abbot of Abingdon, described by its chronicler^ as then a small monastery, much im- poverished, and the only house in England (except Glas- tonbury) under the Benedictine rule. There he gathered round him, from all parts of England, men accustomed to different usages of reading and chanting; and, to bring them all to one uniform method, he prevailed on some of the monks of Corbey to come over from France * and teach them. He also sent Osgar,^ who had followed him from Glastonbury, and who succeeded him in the abbacy when he 1 Pitseus (Paris, 16 19), ^fas undecima; p. 18 1 : * In Galliam Belgi- cam navigavit ; et in transmaritiis partibus pleraque celebriora monas- teria sttidiorum causa visitavit^ liberalitate Oswaldi Episcopi Vigorniensis in tota ilia peregrinatione sustentatus. Invisit autem^ inter ccetera, monasteria S. Bertini, S. Vedasti^ et Corbeiam ; deinde S. Dionysii cxnobium non longe a Parisiensi civitate situm, et Latiniacum Furscei Collegium ; — tandem Floriacense monasterium.'' 2 See his Life, by Wulfstan (Migne's Patrolog., vol. cxxxvii. p. 82, etc.) ; Hist. Coenob. Abendon. (Wharton's Anglia Sacra, vol. i. pp. 163, 164). 3 Hist. Ccenob. Abendon. (Wharton's Anglia Sacra, vol. i. pp. 163, 164). ^ Ibid.; and see the Abingdon memoir, De sancta Athelwoldo, in Dugdale's Monastic. (Caley, Ellis, and Bandinel), vol. i. p. 516. ^ Ibid. ; and Wharton's Anglia Sacra {ubi supra) ; also Migne's Pat- rolog., vol. cxxxvii. pp. 82-92 (cap. 14 of Wulstan's Vitay etc) 212 ANCIENT FACTS AND FICTIONS part ii was advanced to the bishopric of Winchester in a.d. 963, to Fleury for further instruction. Among the pupils of Ethel- wold was Aelfric, the * grammarian,' of whom more will hereafter be said. § 6. Dunstan, Archbishop of Canterbury. Dunstan ^ began life as a courtier in King Athelstan's reign, but retired from court in disappointment or dis- gust. King Edmund (a.d. 942) made him Abbot of Glas- tonbury. He was the chief minister of Edmund's brother and successor, Edred. He affronted and incurred the enmity of Edwy, the most unfortunate of Anglo-Saxon kings, and in consequence fled to Flanders. There he remained for a year, a guest in the monastery of St. Peter at Ghent,^ then in the highest repute among the religious houses of the Low Countries for good discipline and learning. The revolution of the succeeding year, a.d. 957, brought him home again; and Edgar made him, by quick steps, Bishop of Worcester and of London, and (in a.d. 960) Archbishop of Canterbury. After this elevation he was for twenty- eight years chief governor of the kingdom. To his policy, ecclesiastical and civil, it was due that Edgar *the Peaceful' became celebrated by the monastic historians, as among the greatest and most fortunate of kings ; as the compeer in glory of Romulus and Cyrus, of Alexander and Arsaces, of Charlemagne and Arthur.^ 1 See his Life, by Osbern, in Stubbs' Memorials ^ and in Migne's Patrolog.y vol. cxxxvii. p. 410 et seq. 2 Ibid.y cap. 27 (Migne, ubi supra, p. 437) ; Stubbs' Memorials, Introd., p. Ixxxix. ' ' Incomparabilis,^ he is called by Ralph Higden ; Hoveden com- pares him to all the kings above named ; Symeon of Durham and the Melrose Chronicle to all but Arsaces. CHAP. VI PRIMACIES OF ODO AND DUNSTAN 21 j § 7. The Council of Winchester — * Regularis Concordia' It is to the year a.d. 969 that Symeon of Durham ^ refers the commission given by King Edgar to Dunstan, Ethel- wold, and Oswald, to eject the married clergy or secular canons from the greater monasteries of Mercia, and to put monks in their places. Others ^ assign a different date to that mandate. Abbot Ailred of Rievaulx ^ (writing in King John's time) put a long and highly rhetorical speech into King Edgar's mouth, as delivered to the three bishops upon that occasion. I extract from it a sentence : * Thou didst say, O Dunstan, that almsgiving endures for ever ; and that none is more fruitful than that which is bestowed upon monasteries and churches, wherewith God's servants may be sustained, and all that is not wanted for that purpose laid out upon the poor {quo Dei servi sustenteniur^ et quod superest pauperibus erogetury Whatever may be thought of this, there can be no doubt that a council was held at Winchester, under King Edgar's authority, at which a rule for all the Benedictine mon- asteries in England was drawn up and agreed to, in twelve articles.* It is commonly ascribed to Dunstan; and is entitled * The Regular Concord (Regularis Concordia) of the monks and nuns of the English nation.' The narrative with which it is introduced recites the destruction of many 1 Gesta Regum Angl. {Sa.viWs Ilisf. Angl. Script. X., p. 158). 2 The charter for expelling the married clergy from Worcester (printed by Mansi, Concil.^ vol. xviii. p. 479) is dated in a.d. 964. ' Savile, Hist. Angl. Script. X., p. 360. (Also in Mansi, Concil., vol. xviii. p. 527); and, translated into English, in Stow's Annals; (Howes', ed. 1632, p. 84, a.d. 963). * Reyner, Apostolatus Benedictinonim in Anglia (1626), append., pars iii. pp. 77-92 (and see Migne's Patrolog.^ vol. cxxxvii. pp. 476-490). 214 ANCIENT FACTS AND FICTIONS patit ii of the English monasteries, and the deficiency of the means for keeping up Divine service in others ; and that the king, having restored them,^ had called the council together to agree upon this uniform rule. It then proceeds : 'Thereupon, cheerfully and with all the energy of their minds obeying this royal command, and remembering how our holy patron, St. Gregory, admonished the blessed Augus- tin to appoint for the ornament of the then rude English Church any good usages, not of the Roman Church only, but of the Gallican Churches also : They [the bishops, abbots, and abbesses], having called to their aid monks from the Benedic- tine house of Fleury^ and also from the chief monastery of the famous city natned Ghent^ and collecting what is excellent out of their good customs, as bees store their honeycomb in one hive, from the different flowers of the fields, — have put into this small scroll {hoc exiguo apposuerunt codicillo) those manners and customs adapted to good living and to the sweet- ness of the regular discipline ; that, by means thereof, those who walk in the royal road of the Lord's commandments may be refreshed as with a welcome draught, and filled with most sweet devotion.' The twelve articles {capituld) of the Concordia were preceded by a decree as to the election of bishops (as well as abbots and abbesses), intended to place the monastic system upon a footing of absolute security. The royal con- sent was required to every election ; and no one was to be eligible to any bishopric except a regular monk of the Benedictine order, who, when consecrated bishop, was to be the head of his conventual chapter, and ' to observe in all things the same rule with his monks, like a regular abbot.' Of the articles constituting the rule, nine are occupied with the order of the church services, at all the different ^ More than forty monasteries are said to have been restored by King Edgar. CHAP. VI PRIMACIES OF ODO AND DUNSTAN 215 hours, times, and seasons ; one with a regulation as to weekly cleansing \ another with the sickness of any brother, and his burial after death. The tenth article^ regulated the distribution of the alms of the monastery; and it deserves the more attention, because of the senti- ment put into Dunstan's mouth in the speech ascribed to King Edgar, and the statements of his biographers as to his great care, during his primacy, ' for the due application of the revenues of the Church to the relief of widows, orphans, and strangers ' : ' Let there be in every monastery places set apart for the entertainment of the poor (singula loca, ad hoc constituta^ tibi paiiperum fiat susceptid) : and on each day let three of the poor who are constantly fed in the monastery be chosen, to have the benefit of this mandate, and to be fed with the same victuals which the brethren use. And attendance is to be given there in this course. On Saturday, the boys of the right side of the choir are to do it, with one of the choir-masters ; on the Lord's day following, the other boys of the left side, with the other choir-master : and for every other day in the week, so many brethren are to be told off, from holyday to holyday, for this service, that no one of them except the abbot shall be excused from that duty : and he is to do it when he can. ' For the rest, when poor strangers arrive {siipervetiientibus peregrinis pauperibus)^ the abbot, with brethren chosen by him according to the precepts of the rule, is to see that they have the benefit of this mandate ; and so the Father himself (if by any means he can), or one of the brethren, must zealously perform towards them in the hospice all the offices of humanity, and no attention to them which the rule requires is to be omitted through any temptation of pride or error of forgetful- ness. . . . And when the strangers go forth, let a supply of victuals be given them, as the means of the place may allow.' This rule of the Concordia affords, in my judgment, strong, though indirect, evidence against the idea, that in ^ Reyner, p. 92 ; Migne {uhi supra), p. 490. 2i6 ANCIENT FACTS AND FICTIONS part ii 1^ the English Benedictine monasteries of Dunstan's time any custom of tripartite, or quadripartite, or other definite division of tithes, or of any other part of their revenues, was known. It agrees well with the primitive practice recommended by Gregory the Great to Augustin ; and it was adopted (as has been seen) by a council which had directly in view Gregory's answer given at the same time to Augustin upon another point, and which was assisted by foreigners conversant with the customs of the Galilean churches. § 8. Canons enacted under King Edgar. Not only was the Concordia silent as to any proportionate rule of distribution, but the like silence was preserved in the canons^ made under King Edgar during Dunstan's primacy, one of which (the fifty-fourth 2) enjoined all priests to remind the people to pay tithes and other church dues at the usual times and seasons (mentioning them); and another (the fifty-fifth 3) enjoined 'that the priests so distribute the people's alms that they do both give pleasure to God and accustom the people to alms.' The implication from the generality and indefiniteness of these provisions, in the Concordia and in the canon, is the more forcible when they are contrasted with a later document * containing a scheme of rules for a college of secular clergy, into which the article of the Capitulare ^ Thorpe's Ancient Laws, etc., vol. ii. p. 245 et seq. 2 Ibid., p. 257. The Law of the Northumbrian Priests {ibid., p. 301, art. 60), imposed pecuniary mulcts for non-payment of tithes; on a ' king's thane,' ten half marks ; on a landowner, six ; on a ceorl, twelve sous. ' Thorpe's Ancient Laws, etc., vol. ii. p. 257. "* Post, p. 263-268. CHAP. VI PRIMACIES OF O DO AND DUNS TAN 217 Episcoporum as to a tripartite division of tithes, was intro- duced ; and with a gloss ^ upon the canon itself, demonstrably belonging to, or not earlier than, the latter years of King Ethelred. Those documents will be described in a later chapter. There are parts ^ of Dunstan's canons from which it may reasonably be inferred, that he was not unacquainted with the Capitulare Episcoporum. It must certainly have been known to some of the foreigners consulted at the Council of Winchester, or who were brought into England by Oswald and Ethelwold; and it may (not improbably) have come to Dunstan's own knowledge when he was at Ghent. There were certainly afterwards (if not then) some who would willingly have seen it followed in England. But probability is much against the supposition that Dunstan or his colleagues were among that number. The foreign monastery whose principles and practice, of all others, had most weight with them, was Fleury; and nothing can be more certain, than that at Fleury the Capitulare Episcoporum (if known at all) was not accepted as law or acted upon in practice, and that it was not there regarded as of authority. Abbo knew nothing of it; he objected^ to a different form of tripartite division, in which the bishop took a third share. He thought that, as to the church revenues under the bishop's administration, the quadripartite rule (received at Paris and Rheims) ought to be followed at Orleans ; and that as to those revenues, whether tithes or anything else, which were in the posses- sion of monasteries, they ought to be disposed of according 1 Posty p. 262. 2 E.g., Canons 26, 45, 54, 65, 66, 67 (Thorpe's Ancient Lmvs, etc., vol. ii. pp. 251, 253, 257, 259). ^ See his letter to the monk Gerald, in Bouquet, Recueil des His- toires, vol. x. p. 440, §§ 2, 3. 2i8 ANCIENT FACTS AND FICTIONS tart ii to the rules of the house, without episcopal interference.^ In his controversy with Bishop Arnulph he put forward in aid of his arguments a collection of canons,^ in which the rule of the Capitulare Episcoporum found no place ; but, on the contrary, several of the canons of the first Council of Orleans, and of the Councils of Braga and Toledo, were relied on, together with passages from decretal letters of Popes Gregory the Great and Simplicius laying down the Roman or quadripartite rule. § 9. King Edmund's Laws. The secular legislation on ecclesiastical subjects during the primacies of Archbishops Odo and Dunstan (doubtless passed under their influence) consists of the laws of Kings Edmund and Edgar. Those of Edmund ^ are three in number, and short, but not unimportant. The first (on which it is not material to dwell) 'jmposed a penalty on persons ' in holy orders ' (an expression which there appears to include nuns) if guilty of incontinence. The second made the non-payment of tithes and other church dues punishable by excommunication : ' A tithe we enjoin to every Christian man by his Christendom, and church-scot, and Rom-feoh (Peter-pence), and plough-alms. And if any will not do so, let him be excommunicated.' This, proceeding upon the ground of recognised religious obligation, was a step in advance, beyond anything previously contained in Anglo-Saxon secular laws. * App. to Pithou's Codex Canonnm Vetus, etc. (Paris 1687), pp. 417, 418. 2 Gallandii i9z^/. Veterum Patrum (Venice 1781), vol. xiv. pp. 160, 169. See Canons 27, 30, 31, 35, 38. ' Thorpe's Ancient Laxus, etc., vol. i. pp. 245-247. CHAP. VI PRIMACIES OF ODO AND DUNSTAN 219 The third related to the repair of churches : *We have also ordained that every bishop repair the houses of God in his own district, and also remind the king that all God's churches be well conditioned, as is very needful for us.' This relates to the repair, out of the funds at the bishop's disposal, of the public baptismal churches of the diocese ; and it seems to indicate, that no part of these funds was then separated by any customary mode of division from the rest, and appropriated for the repair of churches. § 10. King Edgar's Laws. The ecclesiastical ordinance, made by King Edgar and his witenagemot at Andover,^ was the first step taken in England, so far as law is concerned, towards the transition from the old baptismal churches and their districts to modern parish churches and parishes. Selden^ (who seems to have considered the canon passed under Archbishop Wulfred, as to the proceedings to be taken upon a bishop's death, capable of a construction,^ which I have elsewhere given my reasons for rejecting) rightly observed that * The first express mention of limitation of profits (other than of the endowing), to be given to this or that church, is in those laws of King Edgar, made about a.d. 970, where a threefold division is of churches. The first is called ealdan mynstre^ that is senior ecciesia, which name anciently was given to cathedral churches ; the second, a church that hath legerstowe, or place for burial ; the third, a church that hath no legerstowe.^ Blackstone,* rejectmg the tradition about Honorius, and also (if he knew it) that about Theodore, referred the ^ Thorpe's Ancient LawSy vol. i. pp. 263-265 (see p. 273 as to Andover). 2 ff^^^ of Tithes (ed. 1618), ch. 9, § 4, p. 262. ^ Ibid. J pp. 261, 262. * Comment.^ vol. i. p. 113. 220 ANCIENT FACTS AND FICTIONS part ii origin, or at least the earliest public recognition, of parishes of the modern sort, to these laws of Edgar. Their first article ^ recognised the general right of the old ' baptismal ' churches to tithes : * That God's churches be entitled to every right ; and that every tithe be rendered to the old minster, to which the district belongs ; and be so paid, both from a thane's zn-lmid {i.e. land in the lord's own hands), and from geneat- land {i.e. land granted out for services), so as the plough traverses it.' The second article 2 introduced a qualified exception, in favour of manorial churches with burial-grounds : 'But if there be any there who on his bocla?id {i.e. his private estate) has a church at which there is a burial-place, let him give the third part of his own tithe to his church. If any one have a church at which there is not a burial-place, then, of the nine parts, let him give to his priest what he will ; and let every church-scot go to the old minster, according to every free hearth ; and let plough-alms be paid when it shall be fifteen days over Easter.' The third article ^ fixed the times for payment of each description of tithes, and also of * church-scot,' on peril of the legal * wite ' (a pecuniary penalty) ; and it provided, for the first time, a further remedy and penalty, in case of non-payment : ' And if any one will not then pay the tithe, as we have ordained, let the king's reeve go thereto, and the bishop's, and the mass-priest of the minster, and take by force a tenth part for the minster to which it is due ; and assign to him the ninth part, and let the eight parts be divided into two ; and let the landlord take possession of one half, and the bishop the other half ; whether it be a king's man, or a thane's.' 1 Thorpe's Ancient Lmvs, etc., vol. i. p. 263. * Ibid. 8 Ibid., pp. 263-268. CHAP. VI PRIMACIES OF ODO AND BUNS TAN 221 The next article related to Peter-pence ; the fifth, and last,^ to the proper observance of the Lord's Day, and of other festivals and fasts ; directing * soul-scot ' (a burial fee) to be * paid for every Christian man to the minster to which it is due'; and * church-grith ' (J.e. the privileges of churches) to be maintained. There was no other law of King Edgar, bearing either on tithes or on church organisation. But there was a * supple- ment ' ^ to his laws, in the nature partly of a royal proclamation, and partly of an archiepiscopal charge. It seems to have been issued on occasion of a pestilence; and it commanded various things, which were regarded as within the proper scope of the executive power. It contained ^ this mandate ; ' I and the archbishop command, that people shall not anger God, nor merit either the sudden death of this present life, nor, still more, the future one of eternal hell, by any diminution of God's dues : but that both rich and poor, who have any tilth, render to God His tithes with all joyfulness and without any grudge, as the ordinance teaches, that my witan ordained at Andover.' The king's reeves were then commanded to execute that ordinance strictly ; and there is this reference * to priests serving in royal or manorial churches or chapels : *Then will I, that these, God's dues, stand everywhere alike in my dominion ; and that the servants of God, who receive the moneys which we give to God, live a pure life : that, through their purity, they may intercede for us with God ; and that I and my thanes direct our priests to that which the pastors of our souls teach us, that is, the bishops, whom we ought never to disobey in any of those things which they teach us on the part of God ! ' ^ Thorpe's Ancient Laws, etc., vol. i. p. 265. 2 Ibid., p. 271 et seq. ^ Ibid., pp. 271-273. * Ibid., p. 273. ANCIENT FACTS AND FICTIONS This legislation, with the illustration which it receives from the 'supplement,' presents several points for inquiry and remark. What were the ' old minsters,' to which, subject to the exception made by the second article, tithes were generally to be paid ? I think the probable answer to that question is, that the word 'minster' had not then departed from its original sense of a conventual or collegiate church;^ and that those 'old minsters ' were 'baptismal ' churches; cathe- drals, or churches of secular canons or monks. Selden^ interpreted the words in the first article, which Mr. Thorpe translates ^ the old minster to which the district belongs^ as equivalent to ' the ancientest church or monastery where he hears God^s service! He observed, that the monasteries, both when filled with secular clerks before Edgar's time, and (after the change then made) by Benedictines, ' were in many places the only oratories and auditories that the near inhabitants did their devotions in,' and that they had special privileges in re- spect of burial. The earliest place in any later laws, in which I find the word ' minster ' clearly extended to churches of King Edgar's second class, viz. manorial churches with cemeteries, is the third article of Canute's ecclesiastical ordinances;^ where there is a graduated scale of penalties ^ See Institutes of Polity ; (Thorpe's Ancient Laws, vol. ii. pp. 321, 323, 325), as to abbots, abbesses, and monks, * within their minsters ;^ and priests and nuns, ' dwelling in a minster.^ Those * Institutes ' were later than Edgar's time {ibid. p. 321). 2 Hist, of Tithes (ed. 1618), ch. 9, § 4, p. 263. ' Thorpe's Ancient Laws, etc., vol. i. p. 361. This article is also contained in the preliminary scheme, entitled Of Chtirch-Grith, com- monly reckoned among the laws of Ethelred (but as to which see post, pp, 276-287), on which most of Canute's ecclesiastical laws were founded. (Thorpe, ubi supra, pp. 341, 343, art. 5.) CHAP. VI PRIMACIES OF ODO AND DUNSTAN 223 for violation of the privileges of churches; — so much for a ' chief minster^ ; so much less for ' a minster of the middle class ' ; less still for ' one yet less^ ivhere there is little service^ provided there be a burial-place^ \ and least of all, for * a field churchy where there is no burial-place,^ Here I understand the ' chief minster ' to be the cathedral of the diocese ; a ' minster of the middle class ' to be a con- ventual or collegiate baptismal church, of less dignity than the cathedral; ^ one yet less^ to be a manorial church, entitled to one-third of the local tithes under Edgar's law ; and a ' field-church 'to be a private oratory or chapel, not so entitled. The next question which suggests itself is, as to the condition and rights of those manorial churches (with burial- grounds), and of their priests? They certainly did not immediately after the passing of Edgar's laws become fully developed parish churches, or their priests parish priests. Their parishes (a word which came gradually to be applied to them) appear to have been for a long time called ^shrift- districts ; ' ^ explained by Selden to mean ' circuits within which the priests exercised their shriving.' In the supplement to Edgar's laws ^ it seems also to be implied, that they had not what we now call a freehold tenure of their offices; but that the lords, within whose bocland their churches stood, had more control over them, and the bishops (without the lords' assistance) less, than under the modern parochial system. With respect to emoluments, their position seems to have been not unlike that of modern 1 Selden, Hist, of Tithes, ch. 9, § 2 (ed. 1618), p. 252. See laws of Ethelred of A.D. 1008, Act 12 (Thorpe's Ancient Laws, etc., vol. i. p. 309) ; Laws of Northumbrian Priests, Act 42 {ibid., vol. ii. p. 297); Institutes of Polity, Arts. 7 and 19 {ibid., pp. 315, 327), etc. ^ Thorpe's Ancient Laws, etc., vol. i. p. 273. 224 ANCIENT FACTS AND FICTIONS part ii vicars; the old minster standing towards them in a relation similar to that of those monasteries of later times, to which appropriations of churches or tithes were made ; and the one-third of local tithes which they received being like the reasonable stipend {congrua portto'^ of the modern canon law) moderated or assigned by the bishop, which the ecclesiastical appropriator (or, on the Continent, the lay owner ^ of feudalised tithes) had to pay the curate or vicar. The one-third, under Edgar's ordinance, was a congrua portioy fixed by law for all those consecrated churches on private estates to which cemeteries were attached. Selden ^ thought, that when in this way the formation of rural parishes had once begun, there would be a natural tend- ency to the subdivision of such parishes, through the erection of new churches, with cemeteries attached to them, by the owners of bocland within their limits ; and that, when these * afterwards became whole parishes, they, by connivance of the time, took (for so much as was in the territory of that bocland) the former parochial right that the elder and mother church was possessed of.' That process, however, would rarely take place, unless the title to a tract of bocland^ originally belonging to one person, had become by some means divided ; for it cannot be doubtful that the original ' shrift-district ' of every church of King Edgar's second class consisted of adjoining property of the lord on whose land the church stood. And no such process is sufficient to account for the subsequent enlargement of the one-third part of the local tithes of any such * shrift-district ' (or parish), conceded by Edgar's law, into the whole, excluding the * older minster.' The explanation of such a change as this must be sought in ^ See Jouy, Principes et usages ^ etc. , cap. xi ; pp. 344-422. a Ibid., p. 352. » Hist, of Tithes (ed. 16 18), ch. 9, § 4, p. 265. CHAP. VI PRIMACIES OF ODO AND DUNSTAN 225 the power or practice of appropriating tithes (notwithstanding these laws), which I reserve for consideration in my conclud- ing chapter. 1 Meanwhile, it may be here observed, that the limited endowment of these parishes with one-third of the tithes established under Edgar's laws, did in many places long remain ; and that it constituted a precedent, which, in the early days of appropriations and vicarages, was often acted upon by bishops, when settling the amount of stipend to be allowed by the appropriators to the vicar. Of both these facts proofs, sufficiently numerous, may be found in Bishop Kennett's Case of Impropriatiojis? To those who believe, or think it probable, that in or before King Edgar's time a tripartite division of tithes, such as that of the Capitulare Episcoporum^ was customary in England, the theory of Bishop Kennett, that the apportion- ment of one-third to the earlier parish churches arose out of that rule of division, may, perhaps, recommend itself. Kennett thought that the priest to whom one-third of the local tithes was conceded took that one -third for his own sustenance only, freed and discharged from all other obliga- tions and burdens \ and that the whole duty of hospitality and almsgiving to the poor (I presume, also, of providing for the repairs of churches) was thrown upon the other two-thirds payable to the monasteries.^ To imagine, with- 1 Post, pp. 305-314. 2 The Case of Impropriations and of the- Augmentation of Vicarages and other Insufficient Cures, etc. (1704). See pp. 27, 28, 29, 31, 41. ^ Case of Itnpropriations, etc., pp. 16, 17, 27, 28, 29, 31, 32, 41. Bishop Kennett wrote with the practical object of throwing upon impro- priated tithes a liability to augment the endowments of poor Vicarages, according to a doctrine (now exploded, and never tenable in law), which Noy, and some other lawyers of the seventeenth century, had maintained, and according to the analogy of the law of France. (See Jouy> P- 352, etc.) Q / 226 ANCIENT FACTS AND FICTIONS part ii out proof, that the one-third assigned to the priest of a manorial church was itself subjected to the rule of tripartite division, would, indeed, be extravagant; and that hypothesis, which Bishop Kennett certainly did not entertain, may be dismissed. But, on the other hand, there are many proofs, in that learned writer's own pages,^ that there never was a time when a parish priest, whether rector or vicar, having cure of souls, was held to be exonerated from the general ecclesiastical duty of hospitality, according to his means, to the poor and to strangers \ however scanty his endow- ment might be, and however free from apportionment into any definite shares. It is equally certain, that the conventual or baptismal churches, which retained two-thirds of the tithes under King Edgar's laws, did not retain them as trustees for the poor and for church repairs without any interest of their own, and did not use or apply them otherwise than as part of the common stock and general revenue of their several mon- asteries.^ No reasonable presumption in favour of the existence of a definite proportionate rule for the distribution of tithes (as to which not only this law itself, but every other law as to tithes, ecclesiastical as well as civil, of the same or any other time, is absolutely silent) can be founded upon the fact that the proportion in which, under this law, the local tithes were divided between the greater and the smaller churches, was as two to one. ^ See, as to Vicars, Case of Impropriations ^ etc., pp. 21, 58 (quoting the twenty-first article of the Gravamina of the University of Oxford in Henry V. 's time ; and Lyndwode's Provi^tciale ; de officio Vicarii^ fol. 64). 2 Ibid.^ p. 63 (art. 20 of the Gravamina of the University ot Oxford), p. 68; (Archbishop Peccham's letter, in A.D. 1282, to the Bishop of Hereford, against the Prior of Wenlock). CHAPTER VII FOURTH PERIOD ECCLESIASTICAL LITERATURE: THE EGBERTINE COMPILATIONS * § I. Introductory If, in examining that ecclesiastical literature of the tenth and eleventh centuries which has been the source of the idea that a tripartite division of tithes, or other church revenues, was anciently customary in England, I give the precedence to certain compilations with which the name of Archbishop Egbert is commonly associated, it is because these, more than anything else, have had a chief influence in establishing that notion in the minds of learned men, both of past and of recent times. If, indeed, it were once granted that those compilations contained canons for the govern- ment of his own diocese, codified by a great Northumbrian prelate in the middle of the eighth century, there must be an end of all controversy on the subject. For the ' Sacer- dotal Laws,' which passed, from the Frank original described in a former chapter,^ into all those compilations, contained these injunctions -p- ^ The Capitulare Episcoporum ; see ante^ pp. 37-39, and Appendix A. 2 There are a few clerical variations in the different copies I have followed here the Andain text (Martene and Durand, Ajnpliss. Coll., vol. vii. p. 26). 228 ANCIENT FACTS AND FICTIONS part ii id) * That every priest teach all under his charge, so that they may know how duly to offer to God's churches the tithes of their whole means': {Ut unusquisque sacerdos cunctos sibi pertinentes ertidiai, ut sciant qualiter decimas totius factdtatis ecclesiis divinis debit e offer anf). {b) ' That the priests themselves receive the tithes of the people, and write down their names, and what they have given, and divide it, according to canonical authority, in the presence of witnesses ; and choose the first part for the " ornament " of the church ; and dispense the second, by their own hands, compassionately and with all humility, for the use of the poor and strangers; and the priests alone are to reserve the third part for themselves ' : {Ut ipsi sacerdotes popiili suscipiant de- cimas^ et nomina eorum^ et qucecunque dederint^ scripta habeantj et secundum autoritatem canonicarn coram testibus dividantj et ad ornatnentum ecclesice primam. eligant partem^ secundum autem ad usmn pauperum atque peregrino7'um per eorum manus misericorditer cum ofnni humilitate dispensent. Ter- tiam vero partem sibimetipsis soli sacerdotes reservent). That these hijunctions formed part of a compilation made in the eighth century by Archbishop Egbert, or in his time under his name, was the belief of Spelman, Wil- kins, and John Johnson, in whose collections of canons, etc., they were published from the Cottonian manuscript, now in the British Museum. Those learned men were followed by Bishop Kennett,^ and Dr. Lingard,^ in the same belief; and, in our own day, by such eminent Anglo-Saxon scholars as Kemble^ and Thorpe.'^ And yet it had been pointed out, as far back as a.d. i6i8, by Selden^ (as it was 1 Case of Impropriations, etc., p. lo, note. Sou they, in his Book of the Church, and the late Mr. Brewer, evidently derived their views as to the division of tithes, and on some other points, from Bishop Kennett. 2 Antiquities of Anglo-Saxon Church, vol. i. p. 93, note. •* Anglo-Saxons in England, vol. ii. p. 478. * Ancient Laws, etc., vol. ii. pp. 97-127. ^ Hist, of Tithes (ed. 1618), ch. 8, § i, pp. 196-198. cuAP.vii EGBERTINE COMPILATIONS 229 afterwards by Baluze^ and Mansi)^ that the 'Excerptions,' with these articles as to tithes in them, could not have been compiled before the ninth century, and there- fore could not possibly have been the work or of the time of Archbishop Egbert, who died in a.d. 766. Few who pay attention to literary criticism would now dis- pute the conclusions of Wasserschleben,^ and of Mr. Had- dan and Bishop Stubbs,* that none of these compilations (except the 'Penitential' part of two of them, of which I shall presently speak) have any pretension to be associated at all with Egbert's name ; not only that they are not his, or of his time, but that there ' is not sufficient evidence to make it probable that they are even based upon anything which he compiled.'^ Having examined the manuscripts at Cambridge and Oxford, and in the British Museum, from which they are derived, I do not think it superfluous to give a more particular account of them, than has yet been done in any publication that I have seen. The twenty-one ' Sacerdotal Laws ' of the Andain text occur in four of those ' Egbertine ' manuscripts, which I ar- range thus, in what I am led by internal evidence to think the true order of the works they represent: (i) That bequeathed by Archbishop Parker to the library of Corpus Christi College, Cambridge (marked K. 2 in Wanley's, and 265 in Nasmith's catalogue); (2) that numbered 718 in the Bodleian Library at Oxford; (3) that published by the Surtees Society^ from a MS. in the National Library at Paris, in which it is a fragment preceding a * Pontifical ' ascribed to Archbishop 1 Capit. Reg. Franc.^ vol. ii. (ed. 1780) p. 1055, note. 2 Concil.y vol. xii. pp. 411, 412. 3 Die Bussordnungen (Halle 1851). ^ Councils, etc., vol, iii. pp. 413-416, note. * Ibid.^ p. 415, ^ Publications of Surtees Society, vol. xxvii. {Egbert's Pontifical). 230 ANCIENT FACTS AND FICTIONS part ii Egbert ; and (4) that marked ' Nero, Ai,' which forms part of the Cottonian collection in the British Museum. Of these, the third is copied from the second, or from the work which the second represents. There is not, as far as I know, any other copy of that part of it. It has been said ^ that there are two complete copies of the Bodleian volume, No. 718, in the Vatican library; but this is a mistake. The Vatican manuscripts meant to be referred to are two in the Palatine collection, numbered 1347 and 1352. But the former of these contains only the fourth, and the latter only the three last of the four books into which the Bodleian treatise is divided. Of the two other Egbertine manuscripts, I do not know that any copies exist except those at Cam- bridge and in the British Museum. § 2. The Worcester Manuscript at Cambridge. The first of these four manuscripts belonged before the Reformation to the church of Worcester.^ It is of the eleventh century, and its date (at all events the date of the earlier part of it) must be referred to some time during the episcopate of Wulstan, the second of that name, who was ^ In this statement, Mr. Haddan and Bishop Stubbs {CoimcilSy vol. iii. p. 414) follow Mansi {ConciL, vol. xii. p. 411), who has incorrectly represented the account of these two Vatican MSS., given by the brothers Ballerini. See their text in the * de vetustis canonum collec- tionibus dissertationum sylloge' of Gallandius (Venice, 1778), pp. 93- 266. They, and also Wasserschleben {Beitrage, etc., p. 4), correctly described the Vatican MSS. The Bodleian volume, No. 718, they evidently never saw. ^ K2 of Wanley, No. 265 of Nasmith. ' Codex membranaceus in 4to ; sseculo xi. scriptus. In protocoUo habetur forma voti castitatis a monachis faciendi, in hoec verba : — Ego f rater N. promitto^ etc. etc.^ domino prcesule Wlstano prasente ' (Nasmith : Catalogus Librorum CHAP. VII EGBERTINE COMPILATIONS 231 Bishop of Worcester from a. d. 1003 to a.d. 1023; for the volume opens with a form of the monastic vow of chastity, beginning thus ; ' I, brother N., promise, etc., in the pres- ence of the Lord Bishop Wulstan.' The volume contains a collection of many pieces, not all copied by the same hand. It has prefixed to it (in a handwriting much more modern than any part of the book, and therefore not attributable to the original compiler) this general title : *The penitential book of Egbert, the seventh Bishop of York from Paulinus, who was the first after him to receive the pall, in the seventh year of King Ceolwul'f, A.D. 730.' Among the contents of the volume, there are several works which the compiler could not possibly intend to ascribe to Egbert, because they are attributed by name to other persons, their true authors. There are two letters of Alcuin, to Archbishop Ethelhard of Canterbury and Arch- bishop Eanbald of York ; the pastoral charge of Theodulph, Bishop of Orleans, to his diocese; and some of those homilies of ^Ifric, which have often been quoted as proof that the doctrine of transubstantiation was not taught by the Anglo-Saxon Church.^ I find nothing attributed to Egbert by any rubric of this manuscript except the * Peni- tential,' which, after careful research, has been accepted as his genuine work by Wasserschleben, and by Mr. Haddan and Bishop Stubbs. MSS. quos Collegio Corporis Christi in Academia Cantabrigiensi legavit Reverendissimus Matthceus Parker^ Archiepiscopus Cantuariensis, Cam- bridge, 1777). As to this MS. having belonged to the church of Wor- cester, see Strype's Life of Parker, vol. ii. p. 509, and Wanley's Antiqua Literaturce Septenirionalis liber (17 15), p. 109. ^ See Nasmith's Catalogue (as to pp. 159 and 174 of the manuscript book, No. 265) ; Whelock's Bede, p. 471 ; Strype's Life of Archbishop Parker^ vol. ii., book iv., p. 509. 232 ANCIENT FACTS AND FICTIONS part ii The twenty-one * Sacerdotal Laws ' of the Andain manu- script, under the rubric, Jura quce sacer dotes debent habere^ constitute the sixth piece in this collection. Setting aside the later title on the fly-leaf of the book (which, as I have said, is not attributable to the compiler or his scribes), there is no representation that there was any connection between those ' Sacerdotal Laws ' and Archbishop Egbert. Of the seventh piece, which follows them, the rubric is : * Here begin Excerptions from Canonical books ' {Incipiunt Excerptiones de libris Canonicis). It consists of 102 extracts from canons of councils and sayings of Fathers (with appropriate sub-titles), of which I shall say more when I speak of the Cottonian manuscript. Here, again, there is nothing to represent that Egbert was the collector of those extracts, or had anything to do with them. The eighth piece, which follows, is distinctly ascribed to Egbert by this rubric : * Here begins the Excerption from the Canons of Catholic Fathers^ and Penitential and Remedy for souls, of the Lord Egbert, Archbishop of the See of York ' {Incipit Excerptio de Canon. Catholicorum Patrum et Poenitentia et Remedium Animarum Dni Echberhti Archiepi Eborace Civitatis). The piece thus introduced is identical with that which (according to the judgment of Wasserschleben, and of Mr. Haddan and Bishop Stubbs) was the genuine work of Archbishop Egbert. I cannot but think that the internal evidence here points to the library of St. Hubert's monastery at Andain as the probable source from which the author of this compilation may have derived that part of his materials which is relevant to my present inquiry. Among the manuscripts in that library (manuscripts of the tenth century) were the ' Sacer- dotal Laws,' and also the genuine 'Penitential' of Arch- CHAP. VII EGBERTINE COMPILATIONS 233 bishop Egbert. Of the ' Sacerdotal Laws,' as published by Martene and Durand (and of the differences between them and the Capitulare Episcoporiim of the Metz manuscript), I have spoken in an earlier chapter.^ The Worcester com- piler copied them evidently from the Andain, and not from the Metz text. But Martene and Durand also published other manuscripts, equally ancient, from the same library, among which were two Penitentials of Anglo-Saxon origin — the one entitled, A little book on remedies for sins {libellus de refnediis peccatorum) ; (which Wasserschleben and Mr. Haddan and Bishop Stubbs believe to be Bede's),^ the other entitled Another little book on retnedies for sins^ which is Egbert's.^ The fact that both the * Sacerdotal Laws ' and Egbert's 'Penitential' passed into the collection of the Worcester compiler, under the rubrics which I have men- tioned, is suggestive of a common source. The works of Bede and of Egbert (the letters of Alcuin also) were in the tenth and eleventh centuries much more likely to be re- covered by English scholars from Galilean libraries, than to be known to them from originals or copies preserved in England. This compilation also contains the pastoral epistle of Bishop Theodulph* to his diocese of Orleans; who was a great prelate, made abbot of Fleury, and after- wards Bishop of Orleans, by Charlemagne, and in a.d. 818 deprived and exiled by Louis the Pious, and who died in A.D. 821. This seems sufficient to show that the Worcester compilation was the work of a man who had studied theology abroad. 1 Ante, pp. 39, 40. And see Appendix A. 2 Haddan and Stubbs, Councils, vol. iii. p. 326. 2 Ibid. p. 416. ^ See Biographie Universelle (Brussels 1845-47), in mm. 'Theo- dulphe, eveque d'Orleans.' 234 ANCIENT FACTS AND FICTIONS part ii I am bold enough to offer a conjecture as to who that compiler may, probably, have been. It is certain that he was a monk of Worcester ; the first entry in the book points to the time of Bishop Wulstan ; he was evidently a learned man, and a foreign traveller. These indications all agree with what we know of Oswald,^ that monk of Worcester, who was sent abroad to visit the Galilean monasteries by and at the expense of Oswald the famous bishop ; he visited the monasteries of Corbey, St. Bertin, St. Vedast, and St. Denis, and others not named by his biographer; he studied grammar at Fleury under Constantine, a learned monk of that time; and he lived till a.d. ioio, eighteen years after the death of Bishop Oswald, and seven after the succession of Wulstan to the see of Worcester. At Fleury he would naturally become acquainted with the pastoral epistle of Theodulph. It does not appear that in the Andain manuscripts the * Penitential ' libellus alter, which in the rubric of the Wor- cester compilation is expressly attributed to Egbert, was inscribed with that name; the contrary is to be inferred. But if it was really his (as the best critics believe), it was doubtless known or reputed to be his in the monasteries where it was preserved ; and it would be of especial interest to an Anglo-Saxon monk and student, the author's country- man. The works of Theodore, Egbert, and Bede were certainly brought into France by Alcuin, and into the northern part of the then Frank territory ; for Alcuin had a cell at St. Josse in Ponthieu, a dependency of his abbey of Ferrieres; and it was to that place that his books from England came by sea. Whatever may be thought as to the authorship of this ^ See ante, p. 211, note. CHAP. VII EGBERTINE COMPILATIONS 235 Worcester compilation, it is at least certain, that the * Sacer- dotal Laws' contained in it came from France; and to infer, from their being found in such a collection or in any later members of the same literary family, that the tripartite division of tithes prescribed by one of their articles pre- vailed in England, would be no more reasonable than to infer from another article of the same series, which directed prayer to be offered for ' the Lord Emperor, and his sons and daughters,' that there were Emperors to be prayed for in England. There is not a word in the volume, repre- senting that the * Sacerdotal Laws ' had, or were supposed ( by the compiler to have, authority in England ; any more than there is a like representation as to the pastoral epistle of Bishop Theodulph. § 3. The Exeter Penitential in the Bodleian Library at Oxford. The Bodleian manuscript volume (No. 718) has been usually regarded^ as belonging to the tenth, but may, perhaps, really belong to the earlier part of the eleventh century. It was among the books given by Leofric,^ the last Bishop of Crediton and first of Exeter, to the church of Exeter. That see was removed from Crediton to Exeter in A.D. 1050 ; and Leofric died shortly before a.d. 1074. He was by birth or education a Burgundian of Lorraine, and 1 Haddan and Stubbs, Councils^ vol. iii. p. 415. 2 Ibid. ; and see Dugdale's Monasticon (ed. Caley, Ellis, and Band- inel, 1819), vol. ii. p. 514, and app. iv. at 527. On the last written page of the Bodleian MS. volume is a letter from Pope Leo IX. to Edward the Confessor, objecting to Leofric's position at Crediton, as holding * sine civitate sedem Ponttficalem ' ; and urging upon the king, ' ut de Credionensi villuld ad civitatetn Exonice sedem Episcopalem possit mutare. ' A copy of it is printed in Appendix F. 236 ANCIENT FACTS AND FICTIONS part n he signalised his government of the church of Exeter by reversing there the policy of Dunstan and his colleagues ; ejecting nuns, and supplying their places with secular canons,^ under a rule of life borrowed from Lorraine. The volume given by him to that church, with which we are now concerned, may be described as a Manual of Pastoral Theology upon the doctrine, practice, and casu- istry of Confession and Penitence, divided into four books, made up from different sources. The preface to the third, and the prologue and postscript to the fourth 'book,'^ would seem to represent that this whole work was composed by a monk or clerk, at the request of an ecclesiastical superior (probably his bishop), for the instruction of others, under that Superior's authority. But this representation is true of the three latter books only (which are irrelevant to our present inquiry), and is inapplicable to the first, with which only we are concerned. The complete work, to which that preface, prologue, and postscript belong, is con- tained in the Vatican manuscript. No. 1352 ; on comparison ^ of which with the Exeter volume it is seen that the Anglo- Saxon compiler, leaving out the general introduction and the first book of that work, has substituted for it the same genuine 'Penitential' of Egbert which is found in the Worcester manuscript, with the twenty-one articles of the (Andain) * Sacerdotal Laws,' interpolated in a singular manner between the prologue and the body of the * Penitential ; ' — down to which point (that is, to the end of the * Sacerdotal Laws ') it is copied in the Paris manuscript, published by the Surtees Society ; * which there breaks off. ^ See/<7i'/, pp. 264-269. * See Appendix C. 3 See/tfj/, Appendix C. * Vol. xxvii. of the Surtees Society's publications. CHAP. VII EGBERTINE COMPILATIONS 237 At the end, however, of this substituted first book, there are certain other additions, to be presently described, which form no part of Egbert's ' Penitential.' At the beginning of this Exeter volume a slip of paper has been pasted in, containing this title in a modern hand — ' The Penitential Book of Egbert^ Archbishop of York ' {Liber Penitentialis Egberti Aepi Ebor) ; — which may be disregarded. Three pages of extracts from Papal decrees, irrelevant to the general subject of the volume, follow. These, also, are in a different and later hand from the rest, and they precede the proper paging. On the next page is a rubric, ' Here begin the Articles of the Penitential Book ' {Incipiunt Capitula libri Poenitentialis), introducing an epitome of the different matters which, in Archbishop Egbert's genuine 'Penitential,' follow the prologue; — no mention being made in it of the * Sacerdotal Laws.' After this comes another rubric, which seems to be taken almost literally from that which in the Worcester manuscript intro- duces Egbert's genuine 'Penitential' — ^ Here begins the Excerption from the Canons of Catholic Fathers of the Penitential Book for Remedy of Souls of Egbert^ Archbishop of the See of York ' {Incipit Excerptio de Canonibus Catholic- orum Patrum Poenitentialis Libri ad Remedium Animarum Ecgberhti Archi Epi Eburacce Civitatis). Then comes Egbert's prologue ; and, immediately after it, are interjected the twenty-one 'Sacerdotal Laws' of the Andain and the Worcester manuscripts, preceded by a rubric almost identical with that in the Worcester manuscript, ' These are the Priests^ Laws^ which they ought to observe ' {hcBc sunt jura Sacerdotum, quce tenere debent). Then succeeds the body of the genuine 'Penitential'; divided under nineteen heads, each preceded by its appropriate rubric. A prayer is added, 238 ANCIENT FACTS AND FICTIONS part ii and, after that (introduced by a rubric, ^ Here begins the order of Confession according to Jerome ; how a Christian ought to confess his sins '), is a penitential formulary, consist- ing of litanies first, — prayers by the penitent, — questioning by the confessor, — several forms of confession, — the con- fessor's answer, — prayer by both together, — the priest's parting admonition ; and, finally, a direction to the penitent to return to his home, praying for grace, that he may observe the priest's injunctions. After all this, the first book ends with the rubric, * The end of the Penitential Book of Archbishop Egbert^ {Fin. lib. Poenitential Ecgberhti Archi Epi). Nothing in the volume, except this first book, is ascribed, by any title or rubric which really belongs to the compiler's work, to Archbishop Egbert. But the * Sacerdotal Laws,' and the formulary of the * order of confession according to Jerome ' at the end, do appear, according to the letter of the initial rubric before the prologue, and of the final rubric which closes the first book, to be attributed to him. I doubt, however, whether this was the compiler's inten- tion. I think it probable, that the matter which was not Egbert's was added, by way of supplement, as germane to the matter of the book, and practically useful for its applica- tion ; and that it did not seem to the compiler inconsistent or improper still to describe the book as Egbert's, without noticing the interpolation of the * Sacerdotal Laws ' (taken, as the ' Penitential ' itself probably was, from the Worcester collection) or the addition of the formulary. The formu- lary (expressly said to be according to St. Jerome) speaks for itself. Of the interpolation of the ' Sacerdotal Laws ' between the prologue and the body of the ' Penitential,' I will state what seems to me to be the probable explanation. CHAP. VII EGBERTINE COMPILATIONS 239 For this purpose it is necessary to describe shortly the nature of the prologue, and of the body of Egbert's * Peni- tential.' 1 The prologue is an exhortation to those priests who' are to act as confessors to penitents, and prescribe medicines (an analogy dwelt upon with much earnestness) for moral and spiritual diseases. It urges upon them the duty of discrimination, and attention to what (following the same analogy) may be called the diagnosis of spiritual casuistry. It enforces those precepts by citations from Gregory Nazianzen, and from the prophet Ezekiel ; and it refers to * the apostles and holy fathers, and, afterwards, Paphnutius ' (an anchorite of Upper Egypt, a man of much influence and reputation for sanctity in the fourth century,^ whose name is here written Penufius\ ' and after him the canons of the holy fathers, and many more, such as Jerome, Augus- tine, Gregory, and Theodore,' as the founders and ex- pounders of this method of discipline; adding (which explains the reference to the 'canons of the Catholic fathers,' and the use of the word * Excerption ' in the rubric) that the writer had faithfully written down what he found in the sayings and opinions of all those authorities; (ex quorum omnium ista descripsimus dictis et sententus veraciter). As to the character of the body of the work, it is sufficient to mention a few of the titles or headings of its nineteen articles; such as (i) What are deadly crimes ; (3) Of lesser sins ; {^) Of covetousness, Qtc.\ (6) Of homicides, etc.; (17) Of the redemption of penance ; (18) How penance 1 See them printed in Haddan and Stubbs, Councils (vol. iii. pp. 416-431) from Wasserschleben's text, after a Vienna manuscript. 2 See the Acts of the first Council of Nicaea, in Mansi, Concil. , vol. ii. p. 906. 240 ANCIENT FACTS AND FICTIONS part ii may be abridged, and (19) How the priest ought to receive penance. It is a graduated code of penances, for different offences against religion and morals; in its first aspect severe, but relaxed by allowing the principle of commuta- tion. Towards the middle of the prologue, this exhortation is addressed to candidates for the priesthood : ' Now, therefore, O my brethren, let him who desires to receive the sacerdotal authority first think for the sake of God upon his arms, and prepare them before the bishop's hand touches his head : that is, the psaltery, the lectionary, the antiphonary, the missal, the baptismal office {baptisteriu7n\ the martyrology through the whole course of the year for preaching, and the cyclical reckoning ^ of time {compotum cum cycle') ; that is, the sacerdotal law {hoc est, jus sacerdotuni) ; and, after that, his '''■ Penitential,^^ ^ etc. It has been seen, that the twenty-one * Sacerdotal Laws,' with the rubric before them, * Hcec sunt jura sacerdotum qua tenere debentj are interjected between the prologue and the practical part of the ' Penitential' The explanation seems to me to be, that the compiler, finding in the prologue this direction, and also finding in the monastic collection before him (if it was the Worcester collection or any similar text from which he copied), these ' Sacerdotal Laws,' thought it convenient to put them in, by way of supplement to the enumerated service-books and offices of the Church, which would be otherwise accessible to his readers. And he put them into the particular place where they are found, be- cause, forming no part of the * Penitential ' itself, they nevertheless seemed to him germane, as Sacerdotal Law, to the preliminary course of study recommended. ' I.e. of Easter, and the other movable feasts, etc. CHAP. VII EGBERTINE COMPILATIONS 241 The verbal correspondence of the rubrics which I have mentioned with those of the Worcester text, as well as a clerical error, not found either in the Andain or in the Metz manuscript, but which occurs in a contracted form in the Worcester text, and is here expanded without contraction, leads me to think it probable, that the compiler of the Exeter manual may have had before him, and copied from, that Worcester text. The error in question is in the article as to the division of tithes, which was to be made (according to both the Galilean texts) ' before witnesses ' {coram testibus). The word testibus^ if written in a contracted form, might be miscopied by a rapid transcriber, so as to be read timen- tibus ; and timentibus (contracted) is the word in the Wor- cester text. It is timentibus at full length in the Exeter text, and in the fragment copied from it, which the Surtees Society ^ published ; it is also timentibus (contracted) in the later Cottonian text. The participle timentibus {fearing)^ without any noun to be governed by it — and there is none in any of these texts — left the sense imperfect ; it could not (standing alone) be, and it was not in fact, correct. For supplying after it (as most of the English editors did) the word Deum (God) there is no authority in any manuscript. Such an error, repeated as it is throughout this particular family of documents, is indicative (as it seems to me) of a common origin; and, if so, that origin may have been in the Worcester collection. Nor is it improbable that Bishop Leofric might have obtained the manual, which he gave to the church of Exeter, from the conventual church of Worcester, then famous for learning. Leofric's immediate predecessor at Crediton, Livingus, had been translated to Worcester. ^ Vol. xxvii. of the Surtees Society's publications. R 242 ANCIENT FACTS AND FICTIONS part ii § 4. The Worcester ' Excerptions ' in the Cottonian Collection, The manuscript volume from which the compilation commonly known as the * Excerptions of Egbert ' was printed by Spelman, Wilkins, and Thorpe (which formed part of Sir Robert Cotton's library, and is now in the British Museum), also belonged to the church of Worcester.^ It does not contain Egbert's 'Penitential,' or any part of it. It is a mixed collection of Anglo-Saxon laws, etc., and ecclesiastical documents, beginning with the laws, etc. (in Anglo-Saxon) of Canute, Edgar, Alfred, Athelstan, Edmund, and Ethelred, mixed with and followed by other things, some Latin; and, farther on, the 'Excerptions,' also in Latin. Mr. Thorpe ^ says of the ' part of the volume con- taining Anglo-Saxon laws,' that it was written, 'apparently,' in the beginning and middle of the eleventh century. Of the ' Excerptions,' Selden ^ considered the writing to be of about the time of Henry I. They are preceded by a short preface, about church canons ; after which follows a rubric, in the body of the text : ' Here begins the sacerdotal law ' {Inc. jus sacerdotale) ; and opposite to it, in the margin, another rubric (a thing unusual in the volume) : ' Here begin the Excerptions of Egbert^ Archbishop of York, concerning Sacerdotal Law^ {Incipiunt Excerptiones Ecgberhti Arcipi Eburace civitatis de Sacerdotali Jure), I infer, that this marginal title was not found in the book or books (whatever they may have been) from which those ' Excerptions ' were ^ Thorpe's Ancimt Laws, etc. (vol. i. , MS. G. in his ' List of Manu- scripts,' etc., preceding table of contents; * Nero A. i 'of the Cottonian collection). 2 /^^^ 3 Hist, of Tithes (ed. 1618), ch. 8, § i, p. 196. CHAP. VII EGBERTINE COMPILATIONS 243 taken ; and this seems to have been the view of the framer of a comparatively modern table of contents prefixed to the whole volume, in which notice is taken of the fact that some of them were derived from Frank ' capitulars.' If the mar- ginal rubric was meant to apply to all the 'Excerptions' which follow, the description was not happy; for a large number of them relate to other subjects, and not to the law or duties of the priesthood. I will now state what those ' Excerptions ' ^ are. First come the twenty -one 'Sacerdotal Laws' of the Andain manuscript. Then seven more^ (all taken from Frank capitulars or Galilean canons), which, from their subject matter, might be considered to belong to the same category. One of these ^ is Charlemagne's capitular of a.d. 813 (con- firming canons to the same effect made in the same year at the Synods of Mentz and Aries), directing that 'churches established of old should not be deprived of tithes or of any other possessions, so as to give them to new churches.' This (which is also one of the articles following the twenty- one in the Andain manuscript, and not in the Metz), is here given in the words of the Council of Mentz. Two others are from the capitulars of a.d. 816, made by Louis the Pious at Aix-la-Chapelle, — the 'manse ordinance,' and the first part of the ordinance against the appointment or removal of priests without the authority of the bishop ; both which have been stated in an earlier chapter of this work.^ These seven are succeeded by a long series of extracts, 135 altogether,^ from the (so-called) Apostolical canons, and from Oriental, African, Roman, Peninsular, Galilean, and * Thorpe's Ancient Laws, etc., vol. ii. p. 97. 2 Ibid.y pp. 100, loi (arts. 22-28). ^ Art. 24. * Ante, p. 85. ^ Beginning with art. 29 {ibid., p. loi). 244 ANCIENT FACTS AND FICTIONS part ii Irish councils, passages of Scripture, and writings of Fathers and Popes; seventy -two of which are also found in the Worcester manuscript at Cambridge.^ And, although the order of the extracts common to both collections is, in the Cottonian collection, often changed, it corresponds to an extent sufficient to prove that the author of the later Wor- cester ' Excerptions ' borrowed from the earlier work ; which (if he was a Worcester monk) was in the library of his own monastery. There are (for example) eleven extracts together in one part of the series, and nine more in another, which are not only the same, but in the same order.^ The pre- face,^ also, of the Cottonian 'Excerptions' contains a passage attributed to * Augustine, Bishop of Orleans,' which is the first of the 'Excerptions' in the Cambridge manu- script after the twenty-one * Sacerdotal Laws.' Further comment on these Cottonian * Excerptions,' upon the ascription of which to Archbishop Egbert so many learned men have founded conclusions, seems to be superfluous. I may mention, however, as indicative of their late date and true character, certain things. The article numbered by Mr. Thorpe 133 * is (as Mansi ^ has pointed out) taken ver- batim from the biography of Gregory the Great, by John the Deacon,^ a monk of Monte Cassino, who wrote about a.d. ^ See Appendix D. 2 The fifty-second to the sixty-second (both inclusive), and again, the seventy-first to the seventy-ninth (both inclusive) of the Cambridge 'Excerptions,' are the same with the sixty-third to the seventy-third (both inclusive), and the eighty-third to the ninety-first (both inclusive), of the Cottonian * Excerptions. ' * Thorpe's Ancient Lavs, etc., vol. ii. p. 97. * Ibid., p. 118. ° Concil., vol. xii. pp. 411, 412. * Vita S. Gregorii, lib. ii., cap. 38. See Mansi, Concil, vol. xii. p. 4". CBAP. VII EGBERTINE COMPILATIONS 245 875 (above a hundred years after Egbert's death) and dedicated his work to Pope John VIII. There are articles {e.g. those numbered 141 and 144 by Mr. Thorpe ^) taken from the * decretals ' of the early Popes fabricated by the false Isidore, and from the spurious Acts of the pretended. Roman Council under Pope Sylvester. Another (the io2d ^) attributes to Augustine the passage, quoted as his in the Decretum of Gratian, in which tithes are described as ' the tributes of churches and of needy souls,' and are commanded to be paid from the soldier's wages, the merchant's gains, and the artisan's earnings. Another (the 124th 3) allowed the husband of a woman who had left him and would not be reconciled to marry again, with his bishop's consent, after five or seven years ; declaring, at the same time, that this would be adultery, to be expiated by penance for three years, or for the man's whole life. Into the question, whether these ' Excerptions ' were, as some writers have thought,^ the work of Hucarius, a deacon of St. German's, in Cornwall, who is said to have lived in the reign of Harold Harefoot (a.d. 1035-1039), I do not think it necessary to enter. It seems hardly probable, that the work of a Cornish deacon would be preserved in the library of the church of Worcester, and not elsewhere, and would bear the relation which this work does to another and earlier compilation, also in that library. If Hucarius was concerned in any of these compilations, it may have been the second in date — that which Bishop Leofric presented to the 1 Thorpe's Ancient Laws, etc., vol. ii. pp. 120, 121. 2 Ibid., p. 112 (see ante, p. 46). ^ Ibid., p. 116. * See Johnson's Laws and Canons (Oxford ed. 1850), vol. i. p. 181 (editor's note) ; and Bale (p. 152) and Leland, there referred to. Also Mansi, Concil., vol. xii.; Prcemonitio, p. 411 ; and-Wasserschleben, Die Btissordnungen, etc., preface, pp. 44, 45 (Halle 1851). 246 ANCIENT FACTS AND FICTIONS part ii church of Exeter. But it is enough for my purpose to have exhibited the real nature and character of all these docu- ments, and to have traced, as far as possible, their con- nection with each other, and with the ' Sacerdotal Laws ' of .Andain. CHAPTER VIII FOURTH PERIOD AELFRIC AND OTHER WRITERS OF THE GALLICAN SCHOOL § I. The Canterbury ^ Statuta Synodorum* The compilations spoken of in the preceding chapter made no claim to authority. They were collected from miscellaneous sources, without special reference to England, or to English laws or customs. Of the canons and other precepts which they brought together, some were, others were not, generally received in the Western Churches. They were composed for the information and edification of priests or clerks, by men who had been students in foreign schools. They contain some things which could not pos- sibly have been meant to be acted upon in England; for example, an Irish canon, ^ directing lots to be cast whether a man who had stolen goods from a church should have his hand cut off, or be thrown into gaol, ' there long to fast and mourn.' A manuscript, now lost, which Selden ^ has described, and which formerly belonged to St. Augustine's Abbey at Canterbury, and was afterwards in Sir Robert Cotton's library, must have been of the same character. It was entitled, 1 Art. 74 of Excerptiones Ecgberti (Thorpe's Ancient Laws, vol. ii. p. 108). 2 jji^f^ of Tithes, ch. 8, § 5 (ed. 1618, pp. 210-213). 248 ANCIENT FACTS AND FICTIONS part ii * Statuta Synodorum ' (Sy nodical Constitutions) ; and, in its original form, was a collection, made in King Athelstan's time (a.d. 924-940), of Roman, Gallican, and Irish canons, with extracts from St. Augustine, St. Jerome, Gregory the Great, and Isidore of Seville, and some from Gildas and St. Patrick ; whence Selden inferred, that the compiler was of British or Irish origin. As to tithes, that collection contained one paragraph ; in which no council or canon was referred to, but only the Levitical laws, and a passage attributed to St. Augustine. ^' 4 ^^^ To this account of the original collection Selden^ adds, that there was appended to it, in a later hand of uncertain date, a supplement, with this inscription : ' Incipiunt pauca judicia^ qiice desunt de supra-dictis,^ — in which the ancient code of the Roman Church, and some other authorities from the same fathers, and from a few of the older councils, were cited. * But ' (he proceeds) — *No denominated Pontifical or Synodal is remembered there for tithes ; only the texts of Moses for tithes, first fruits, the first born, and such more, are numbered together. And then follows a chapter, " De divisions decimarufn" with this declaration : " Lex dicit, ipsi sacerdotes populi suscipiant deciinas^ et nomina eorian^ quicquid dederint^ scripta habeanty et secundum autoritatem canonicam,^^ etc., — in the selfsame words as are attributed to the " Excerptions " of Egbert.' ' That Lex dicit ' (he added) * may be referred to the canon related out of the ** Excerptions " of Egbert ; but whence that canon is originally, I have not yet learned.' We know what Selden did not : that the * Law,' to which 1 Hist, of Tithes, ch. 8, § 5 (ed. 16 18), p. 21 1. 2 The ^quicquid dederint^ {whatever they have given), coincides in sense with a clerical error of the Andain text, which the other Anglo- Saxon copyists corrected into ^quicunqtie dederint'' {whoever have given)^ — the Metz reading. CHAP, viii AELFRIC AND HIS SCHOOL 249 the compiler of the pauca judicia referred, was a local constitution of the bishops of a particular district in the Netherlands or France, — the fifth article of the Andain 'Sacerdotal Laws.' Its occurrence, in such a supple- ment to a work of King Athelstan's time, confirms the conclusion, that it had become known in this country by means of that intercourse between English ecclesiastics and Galilean monks and monasteries, which in so many ways took place during the days of Oswald, Ethelwold, and Dunstan. § 2. Aelfric * the Grammarian.^ There was a period, of perhaps about twenty years, falling within the latter and most troubled part of King Ethelred's reign, during which the influence of the Andain ' Sacerdotal Laws,' upon some persons of reputation belonging to the Benedictine party in England, became very manifest. Among these was Aelfric *the grammarian,' who composed a Pastoral Epistle or Charge ^ for a bishop named Wulfsin, of which it is now necessary to speak. Concerning this Aelfric, there has been great con- troversy.2 Wharton,^ the author oi Anglia Sacra^ identified him with Aelfric Putta, Archbishop of York from a.d. 1023 to 1052; Mores* (who was followed by Dean Hook)^ identified him with Aelfric, Archbishop of Canterbury from A.D. 995 to 1005. Both opinions are certainly ^ See Thorpe's Ancient Laws, vol. ii. p. 342 ; Johnson's Laws and Canons f vol. i. p. 382 (ed. 1880). 2 The arguments of Archbishop Ussher, and other writers earlier than the eighteenth century, are stated by Wharton, ^ De duobus Aelfricis* {Atiglia Sacra, vol. i. pp. 125-132); and by E. R. Mores, Aelfric, ed. 1789, pp. 3-18. ^ Anglia Sacra, vol. i. pp. 125- 132. ^ Mores, pp. 18-42. ^ Lives of Archbishops, vol. i. pp. 436, 437. 2SO ANCIENT FACTS AND FICTIONS part ii erroneous.^ The document in question (miscalled * Aelfric's Canons'), must have been composed between a.d. 992 and 1001 ; in the former of which years Wulfsin, who had been made Abbot of Westminster by Archbishop- Dunstan, was advanced to the see of Sherborne.^ There was no other bishop, of the same or the like name, for whom it could have been written. Wulfsin lived till a.d. looi ;^ he was, like Aelfric, zealous for monasticism ; and in A.D. 998,* under a charter of that year from King Ethelred, he expelled secular clerks from his conventual chapter of Sherborne, and established Benedictines in their places. The preamble to the (so-called) Canons is expressed in terms which show clearly that the writer was not, at the time when it was written, a bishop. But the Aelfric who in A.D. 995 became Archbishop of Canterbury was already, in a.d. 992, Bishop of Ramsbury, to which see he ^ Dean Hook {Lives of Archbishops^ vol. i. p. 436) accepted Mr. Thorpe's view, that * the real question lies between Elfric, Archbishop of Canterbury, and Elfric, Archbishop of York ' ; adding, that, * if this point be conceded, the question is at once settled by internal evidence ' : — for which purpose he relied upon historical proofs of the arrogant worldly character of that Archbishop of York. But the question is not so limited. Aelfric was in those days a very common name. Within about a hundred years, from a.d. 941 to 1038, it was the name of eight bishops ; it was borne by secular persons of note also, to identify and distinguish whom is hardly less difficult than in the present instance. (See Freeman's Norman Conquest, vol. i. p. 627, App. cc. ) Mr. Baron, the learned editor of Johnson's Laws and Canons, in his note to vol. i. p. 387, justly relies upon William of Malmesbury, as showing that the * grammarian ' was not either of those archbishops. 2 Stubbs' Registrum Sacrum Anglicanum, p. 17. '^ Ibid. (His successor, Ethelric, was consecrated in that year.) 4 See King Ethelred's charter of A. D. 998 (granted * on the advice of Archbishop Aelfric'), in Wharton's Anglia Sacra^ vol. i. p. 170; and see Mores, Aelfric^ p. 32. CHAP. VIII AELFRIC AND HIS SCHOOL 251 had been consecrated in a.d. 990.^ The author of the Canons, after he had translated that work (which seems to have been first composed in Latin) into Anglo-Saxon, as we have it, described himself as a ' monk and mass-priest -^ and at another time, which could not have been earlier than A.D. 1002, he addressed an Anglo-Saxon translation of another document, of the same character, as ' Abbot Aelfric ' to 'the Venerable Archbishop Wulstan'^ {Aelfricus Abbas, Wulstano Venerabili Archiepiscopo). Wulstan, so addressed, was Bishop of Worcester and Archbishop of York from a.d. 1003 to 1023.'* The author of the Canons was not, therefore, Aelfric, Archbishop of Canterbury. Neither could he have been Aelfric Putta, Archbishop of York. The 'grammarian' had been a pupil of Ethelwold,^ at Abingdon or Winchester, and was afterwards Abbot of Malmesbury. A charter of King Edgar, preserved by William of Malmesbury,^ shows that he was placed in charge of that Abbey before a.d. 974, on account of his great knowledge of ecclesiastical ' manners and offices.' The same chronicler (WiUiam of Malmesbury) speaks of him in his Life of Aldhelm,^ as ' a very learned man, and especially a most elegant translator ' {peritum h'ttemfUfn, pi'cesertimqtie elegantissimum interpreteni) \ as having shown ^ Stubbs, Reg. Sacr. Anglic.^ p. 17. ^ Preface to Sermones , Catholici, to which the (so-called) Canons were appended. See Wharton, Deduobus Elf rids {ubi supra), p. 130 ; and Mores, ^Ifric, p. 8. ^ See Thorpe, Ancient Laws^ vol. ii. p. 364. ^ Stubbs, Reg. Sacr. Anglic, p. 17. He was consecrated to Wor- cester and York in a.d. 1003, ^ Wharton's Anglia Sacra, vol. i. pp. 129, 130. ^ A.D. 974. See Wharton, Anglia Sacra, vol. i. p. 128 ; Johnson's Laws and Canons, vol. i., ed. 1880, p. 387, note. "^ Wharton, Anglia Sacra, vol. ii. pp. 32, 33. 252 ANCIENT FACTS AND FICTIONS taet ii architectural skill in additions which he made to the build- ings of the monastery ; as having been appointed in his old age to the see of Crediton, which he held for four years ; and as having left behind him excellent works {codices^ non exigua ingenii monumenfa). It cannot be supposed that he would have been made Abbot of Malmesbury before he was thirty years old (the age necessary at that time for priest's orders). If, therefore, he had lived till the death of Aelfric Putta, Archbishop of York, he would have been more than a centenarian. With respect to his other writings, the Institutes of Polity ^ (which belong to Ethelred's reign) correspond closely with the 'Canons,' in several passages; ^ so closely, as to suggest one authorship; and the Pastoral Epistle addressed to Archbishop Wulstan,^ — a work of the same nature, also written with a view to its delivery as a charge by a bishop to his clergy, — is plainly by the same hand. It is animated by the same monastic zeal ; it enforces the rule of cleri- cal celibacy by the same assertions and arguments;* it assumes in the same manner ignorance on the part of the secular clergy of the elements of ecclesiastical knowledge^ ; and it instructs them on the same points.^ In one respect, however, there is a noteworthy difference. The Institutes and the Pastoral Epistle do not (although the charge written for Bishop Wulfsin does) borrow from the Metz or Andain 'Sacerdotal Laws' the injunction for a 1 Thorpe's Ancient Laws, vol. ii. pp. 305-341. 2 E.g. , art. 22 (as to second marriages of laymen), and art. 23 (as to the Nicene and other Oecumenical Councils), ibid., pp. 333, 335, 8 Ibid., pp. 364-393. * Articles 9-12, 21, 32, 38-40 {ibid, pp. 369, 373, ziD- ^ Articles 6-8, 34-37 {ibid, pp. 367, 379). « Articles 23-31, 42, 43, 49, 50 {ibid., pp. 374*377, 387). CHAP. VIII AELFRIC AND HIS SCHOOL 253 tripartite division of tithes. They are wholly silent as to any such division ; although in the Institutes^ among other invectives against married priests, is one^ which imputes to them neglect of their churches and of the poor, and of charitable works. The times had changed much since the * peaceful ' days of Edgar, and the ascendancy of Dunstan. The Church had once more to contend with heathenism; and within the Church monasticism was no longer all-powerfuL The Insti- tutes of Polity and the two pastoral epistles or charges written for Wulfsin and Wulstan, as well as some of the documents commonly classed among the secular acts of King Ethelred's reign, reflect that change, and show a dis- position to withdraw from the rural secular clergy the rights which in the time of Edgar had been conceded to them. * Beloved' (said the pastoral epistle addressed to Arch- bishop Wulstan), 2 ' we cannot now forcibly compel you to chastity ; but we admonish you,' etc. And, at the end of the Institutes^ there is something very like a denunciation of King Ethelred himself : * No one should injure a church or wrong it in any way. But now churches are, nevertheless, far and wide, weakly grithed, and ill served, and cleanly bereft of their old rights, ^ Art. 19 (Thorpe, Ancient LarvSy vol. ii. p. 329). It speaks of priests ' who will not, or cannot, or dare not, warn the people against sins, and correct sins, but desire, nevertheless, their monies for tithes, and for all church dues,' etc. ... 'It is all the worse when they have it all, for they do not dispose of it as they ought, but decorate their wives with what they should the altars, and turn everything to their own worldly pomp, and to vain pride, that they should do for the honour of God, in ecclesiastical things, or for the advantage of poor men, or in the buying of war-captives, or in some things that might be for lasting benefit both to themselves and also to those who give them their substance for the favour of God.' 2 Art. 33 (Thorpe, Ancient Lmus^ vol. ii. p. 377). ^ Ibid.^ p. 341, 254 ANCIENT FACTS AND FICTIONS paht ii and within stript of all decencies ; and ministers of the Church are everywhere deprived of their rank and power. And woe to him who is the cause of this, though he may not think so ! Because every one is certainly the foe of God Himself, who is the foe of God's churches, and who impairs or injures the rights of God's churches : as it is written, " Inimicus etiim Christi efficitur omnis^ qui ecclesiasHcas res usurpare injuste conatur.^'' And awfully spake St. Gregory concerning him, when he thus said, *' Siquis ecclesiam Christi denudaverit^ vel sancti- monia violaverit, anathema sit: ad quod resp07identes 07nnes dixerunt Amen." Great is the necessity for every man that he strenuously secure himself against these things ; and let every friend of God constantly take care that he do not too greatly misuse the Bride of Christ. It is the duty of us all to love and honour one God, and zealously hold one Christianity, and with all our might renounce every heathenism.' i Aelfric was a monk, endeavouring in those times and under those circumstances to support or restore monastic institutions and principles, which he identified with those of the Church and of true religion. The bishops for whom he wrote were like-minded with himself. From the time of the Regularis Concordia and Dunstan's Council of Winchester they were Benedictine monks, identified in feel- ing and interest with the conventual bodies of which they were (in most cases) heads ; and at this time Wulfsin at Sherborne, and Archbishop Aelfric at Canterbury, were completing Dunstan's work, by substituting in the chapters of their cathedral churches Benedictine monks for secular canons. ^ This concluding sentence, ^ It is the duty,'' etc., corresponds verbatim with article 34 of the ordinances of a.d. 1008 (Thorpe, Ancient Laws i vol. i. p. 313). CHAP. VIII AELFRIC AND HIS SCHOOL 255 § 3. Aelfri(?s Canons. I pass now to the consideration of the document called 'Aelfric's Canons.'^ The preamble shows, that the bishop had asked Aelfric to compose for him an address or visitation charge, to be delivered by him to his clergy : resbytercruin et sacerdotumy Nasmith 2 repeated what Wanley had said. No learned man, who even looked at this document, could have supposed it to contain a translation of canons of the Nicene Council. That Council is not mentioned at all, except in a marginal rubric to the opening words of the preface, in which it is said, that the work would have been unnecessary, ' if the authority of the 318 holy fathers, and of the rest, had always remained inviolate ; ' — which the rubric rightly interprets of * the canons of the Nicene Council, where there were 318 bishops.' It need hardly be added, that the connection of this work with the name of Theodore is an anachronism, still more gross than that which connected the * Excerptions ' with that of Egbert. For supposing the Anglo-Saxon version (which in the manuscript follows the Latin of each article) to have been from the hand of Aelfric, there is no authority. It is not so much, even, as a probable conjecture. * Antiq. Literat. Septentr. Hb^, p. 130. 2 Catalogus^ etc., No. 91. 266 ANCIENT FACTS AND FICTIONS part ii I will describe the contents of the manuscript, before speaking of its history. It is introduced by a preface, written as by a bishop in a tone of authority, of which the following is the material part : * If the authority of the canons of the 318 and the rest of the holy fathers always remained inviolate, and the bishops and clergy lived according to that rule of rectitude, it might seem superfluous for us, small as we are, to treat again or say anything new of this matter, which has been in such good order set forth {rem tarn ordinate disposttam). But since, in these times, the negligence both of pastors and of those under them has too much increased, what else can be done by us, who live in so grave a condition of things, except to bring back our clergy, God giving us grace {Deo insptrante), to the line of rectitude, if not so much as we ought, at least as much as we can ? Therefore, sustained by the Divine help, let us endeavour to make a small decree {adgrediamur parvum decretulum facere\ by means whereof the clergy may restrain themselves from what is unlawful, and lay aside what is idle {otiosa deponat\ and forsake those evils which have too long and too widely prevailed, for His love, who according to the Gospel has redeemed them by His own holy and precious blood. Let us therefore, with watchful care, study to put together a form of instruction which shall plainly set forth how prelates {prcelati) ought to live and govern those under them, and to constrain them in the Lord's service, and to stimulate to still better things those who do well, and to correct the refractory and the negligent, so far as this Rule of Life can do so {quatenus formula hcec vivendi spectaf).^ The ' Rule of Life ' follows, in a code of eighty-four articles ; to each of which a rubric, by way of title or ' argu- ment,' is prefixed. The * Rule ' is for a college of canons of secular clergy ; — regulating their morals, subordination, and discipline ; their assemblies, officers, and duties ; their prayers and church -services, reading and singing; their school teaching and pastoral service; their almsgiving to CHAP. Via AELFRIC AND HIS SCHOOL 267 the poor ; the employment of their time ; their stipends, meals, dress, dormitory. Canons {canonici)^ or clerks {clerici\ is their designation throughout. There is an article (the fifty -first) expressly forbidding them to wear the cowls of monks {ut canonici cucullas monachorum non induant). To the sixty first articles, which thus regulate the con- ventual or collegiate life, are added twenty -five more, concerning duties of clerks and priests, not distinctly ccenobitic; among which is the seventy-third article, relat- ing to the division of tithes. To understand its practical operation in this code, the forty-third, regulating the alms- giving of the chapter, should be stated. * It is needful ' (says that article), ' that the prelates of the Church (^prcelati ecclesicB\ following the examples of the fathers who have gone before us, prepare a place of reception {aliquod receptaculu7n) where poor persons may be gathered together, and appoint out of the goods of the Church as much as will enable them to meet, as far as they possibly can, the necessary expenses — the tithes being excepted which are thereunto con- tributed from the townships belonging to the Church {exceptis decimis^ qucB de ecclesice villis ibidem confera?ztur). The canons also themselves should most willingly contribute to the same hospital {hospitale), for the use of the poor, tithes both of the fruits of their land and from all offerings of alms made to them. And let a brother of good report be appointed to entertain strangers and foreigners {hospites et peregrinos\ regarding them as Christ Himself; and let him willingly minister to them all those things which are needful. And moreover, let no one by any means convert to his own uses those things which ought to go to the uses of the poor.' [The washing of the feet of the poor in Lent is then enjoined.] The article as to the division of tithes^ is (with the ^ Art. 73, de decimis dividendis. — ^ Sacerdotes populi suscipiant decimaSy et nomina corum quicunqtie dederint scripta habeant super altare. Et ipsas decifnas secundum auctoritateni canonicam coram 268 ANCIENT FACTS AND FICTIONS part ii following qualifications) a literal copy of that in the Capitulare Episcoporum : — (i) It directs the scroll, con- taining the names of those who have paid tithes, to be kept upon (or over) the altar of the church {super altare) ; (2) it repeats expressly, as the subject governed by the verb divide^ the words *the same tithes' ijpsas dedmas\ where the Gallican text implies them ; and (3) instead of directing (as the Gallican text does) the distribution to be made by the priests' own hands, it says that this is to be done by the hands of * faithful men ' {per manus fideliui?i). Only one of the remaining twelve articles of the ' Rule ' requires notice — the seventy-sixth — which is an extract from the ninth article of the capitulars of Aix-la-Chapelle^ of A.D. 816 (repeated in the capitulars of Charles the Bald of A.D. 869), against the appointment of priests to, or their expulsion from, churches, without the authority or consent of their bishops. This description of the manuscript, together with its date (about the time of the Conquest), and the place from which it carne — the cathedral church of Exeter — seems to point irresistibly to the conclusion, that the rule of life contained in it was intended by Bishop Leofric, who then governed that cathedral church (first erected by and under him into an episcopal see), for the regulation of the college of secular canons which he founded and placed there. He himself came, as William of Malmesbury^ tells us, from Lorraine — * apud Lotharingos alius et doctus.^ By the same historian we are told, that he 'expelled the nuns {sancti- testibus dividant ; et ad ornamentum ecclesia pritnam eligant partem ; secundam autem per manus fidelium ad usum pauperum atque peregrin- orum misericorditer cum omni humilitate dispensent : tertiam vero partem sibimet ipsis soli sacerdotes reservent.^ ^ Ante, p. 85. * De Gestis Pontijicum^ lib. ii. (ed. 1596), fol. 145 (cited in Dugdale's Monast.y vol. ii. p. 514; Caley, Ellis, and Bandinel's edition). CHAP. VIII AELFRIC AND HIS SCHOOL 269 moniales) from the monastery of St. Peter, and placed there canons, who after the manner of the Lotharingians, but contrary to that of the Enghsh, were to eat at one table, and sleep in one chamber' (canonicos statuif, qui contra morem Anglorum, ad fortnam Lothartngorum, uno triclinio comederent, uno cubiculo cubitare?it)} Malmesbury adds, that, although the rule so given by Leofric to his chapter descended to posterity, much of it had, in his own time, through the increase of luxury, fallen into disuse. The whole of this document is, in fact, a copy (with the omission of two articles, and with some merely clerical variations) of a Galilean Rule for Canons {canomd\ com- piled by an unknown hand, to which the name of Chrode- gang,2 nephew of King Pippin and Bishop of Metz in his time, was commonly, but erroneously, given. It contains eighty-six articles ; twenty-three of which, with the prologue, were taken from the genuine Statutes ^ of Chrodegang, given by him to the clergy of three churches at Metz. Of the rest, thirty-three are from a much larger code (into which some of those Statutes of Chrodegang are incorporated), which was enacted for canons {ca?ionid) by the Council of Aix-la-Chapelle in a.d. 816.* The remaining thirty are from miscellaneous sources; the article as to tithes, from the Capitulare Episcoporum^ being one of them.^ That Bishop Leofric — educated in Lorraine, in the chief ^ The articles of the Rule as to meals and the dormitory are consistent with what is said of them by Malmesbury. (See Appendix G.) 2 See, as to Chrodegang and his statutes, the extracts from Sigebert of Gembloux and Paul the Deacon, in Mansi {Concil,^ vol. xiv. p. 314). 8 These genuine statutes of Chrodegang are in the Vatican (Palatine) Manuscript, No. 555, from which they are printed by Mansi {ibid. pp. 313-331). ^ Mansi {ibid. pp. 153-226). ^ The whole collection is in Mansi {ibid. p. 232 et seq. ) ; and see Labbe's note {ibid. p. 314). 270 ANCIENT FACTS AND FICTIONS part ii city of which province, Metz, the Capitulare Episcoporum was well known, and the donor -^ to the library of his church of the Penitential volume (now in the Bodleian Library) which contained, as we have seen, the Andain text of that document — should have given to his Chapter precepts borrowed from the Galilean Churches with which he was most familiar, is easily understood. As founder of that chapter, he could give its members such lawful statutes or rules as he pleased. The practical acceptance of the tripartite division elsewhere in England is no more proved by the place which it found in such a rule, than the accept- ance here of the Roman rule of quadripartite division, in the twelfth century, is proved by the fact that, in a.d. ii86, Pope Urban III.^ directed Baldwin, Archbishop of Canter- bury, to divide the offerings made at the shrine of St. Thomas of Canterbury into four parts ; one for * the monks,' one for the ' fabrics of the Church,' one for * the poor,' and one for such good uses as the archbishop in his discretion should think fit. 1 Antcy p. 235. 2 Matthew Paris, Hist. Major. ^ vol. ii. p. 325 (Luard's ed. 1874). CHAPTER IX FOURTH PERIOD LEGISLATION OF ETHELRED THE UNREADY, AND CANUTE § I. Ancient Latin Collections of Anglo-Saxon Laws The distraction and incoherence of the civil polity during the latter part of Ethelred's unhappy reign left its impress upon the public documents of that time. Bromton ^ (whatever may be his defects in other re- spects as a historian) did posterity the good service of collecting to the best of his power the laws of Ina, Alfred, Edward the Elder, Athelstan, Edmund, Edgar, Ethelred the Unready, and Canute. He knew no laws of the reign of Ethelred, except those of Woodstock ^ and Wantage,^ the treaty * with the Norwegian kings Anlaf, Justin, and Guth- mund (all purely secular), and the Ordinances of Habam,^ which he only preserved. An earlier collection of the Anglo-Saxon laws, trans- lated into Latin in the twelfth century,^ of which Bromton 1 Gale, ScHpt. XX., pp. 759, 819 et seq., 835, 839, 847-851, 858- 860, 893-901, 914. ^ Thorpe's Ancient Laws^ vol. i. p. 280. 3 Ibid., p. 293. •* Ibid.y p. 285. *> Ibid., p. 336. •* Ibid., vol. ii. pp. 447-545, and see vol. i., preface, p. xvi. They are printed by Mr. Thorpe from the Cottonian manuscript ' Tiberius, A. 27,' which he describes {ibid., p. xxvi.) as * of the thirteenth century, containing perhaps the best text extant of the old Latin version of the Saxon laws.' 272 ANCIENT FACTS AND FICTIONS part ii may be presumed to have made use (though by giving the Habam Ordinances he has shown that he had also access to bther materials), contains (with that exception) the same laws which are in Bromton. The Latin translators, therefore, if they were acquainted (as is probable) with the documents omitted in both collections, but classed by more modern compilers among the public acts of King Ethelred's reign, did not regard them as possessing that character in any such sense as to make it fit that they should find a place in a code of Anglo-Saxon laws ; and it may be inferred, that they found no such place in any records of a public nature to which those translators had access. § 2. Ordinances of Habam. The date of the * Habam ' Ordinances ^ is uncertain, but they belong to a time of distress from the invasions of the pagan Danes; for remedy of which they enjoin special religious observances, as long as the necessity should continue {quamdtu necessitas ista nobis est in manibus)?' The only provision in them which requires notice is one as to tithes and other church dues,^ which, disregarding the rights conceded by King Edgar's laws to manorial churches with burial-grounds, directed them all to be paid to the ' nearest mother-churches.' 'And we enjoin that every man, for the love of God and all the saints, give church-scot and his rightful tithe {reciam decimam suam) as it stood in the days of our ancestors when it stood best : that is, as the plough shall traverse the tenth acre. And let everything customarily due {omnis consuetudo) be rendered, for God's sake {propter amicitiam Dei\ to our ^ Thorpe's Ancient Laws^ vol. i. p. 336. 2 Ibid., p. 338 (art. 3). « Ibid. (art. 4). CHAP. IX ETHELRED AND CANUTE 273 nearest mother-church {ad matrem nostrum ecclesiam cut ad- jacet). And let no one take away from God what belongs to God, and by our predecessors has been granted.' § 3. Council of Enham^ and Ordinance of A..T). 1008. It now becomes necessary to speak of the two first of four documents, classified by Mr. Thorpe among 'the laws of King Ethelred,' which are not found in the Latin transla- tions. Of these, one contains the Acts or decrees of an ecclesiastical council held at Enham (or Eanham),^ and the other an ordinance ^ of the king and his witenagemot, evidently founded on those Acts. Both are in the main ecclesiastical, though they contain some provisions relative to the defence of the realm. They go into detailed regulations as to morals, discipline, and religious observances, etc., in a manner until then without example (even after the treaty between Edward the Elder and Guthrum the Dane), in Anglo-Saxon legislation. Of the circumstances under which the Council of Enham was held ^ our only information is derived from a Latin pre- amble * to a manuscript copy of its * synodical decrees ' (as they are there called), which is in the Cottonian collection :^ * It came to pass at a certain time that, under an edict of King Ethelred, and by the advice of the two archbishops, ^ Thorpe's Ancient Laws, vol. i. p. 314. (This place is supposed to be Ensham in Oxfordshire.) " Ibid.^ p. 304. ^ See Hook, Lives of Archbishops^ vol. i. p. 465. * Mr. Thorpe {Ancient Laws, vol. i. p. 315), printing the Acts of the council from the Cambridge MS. (No. 201 of Nasmith ; S. 18 of Wanley), omits this preamble. 5 ' Claudius, A. 3,' a MS., according to Mr. Thorpe, of about the period of the Conquest. Selden quotes the preamble, describing the assembly as * a council, or kind of parliament, held under King Ethel- red ' {Hist, of Tithes, ch. 8, § 10, ed. 1618, p. 220). T 274 ANCIENT FACTS AND FICTIONS part ii Alphege and Wulfstan, all the great men of the English (««/- versi Anglorum optiinates) were called together to meet on the holy day of Pentecost, at a place called by its inhabitants Eanham. An assembly of very many reverend servants of Christ being there collected, they reasoned and held discourse, as if divinely inspired, of many things concerning the recovery of the worship of the Catholic religion, and also for the amend- ment and furtherance of the state of the commonwealth ' {de CatholiccB cultu religionis recuperando deque etiam rei statu publicce reparando vel consulendd). The ' synodical decrees ' of this council do not purport to be enactments of a civil legislature ; and, it is clear, as a matter of fact, that they were not. Their title, in the Parker manuscript, from which Mr. Thorpe's text is taken, is * Ordinances of the Witan '; but even that title (not men- tioning the king) repels, as far as it goes, the idea of a proper legislative enactment : and the word * witan ' might be used of the wise men of the church alone. That it was so used in this place, is clear from the introductory words of the first article^ : — * These are the ordinances which the councillors of the English selected and decreed, and strictly enjoined that they should be observed,' after which the article proceeds : < And this then is first, the primary ordinance of the bishops : that we all diligently turn from sins, as far as we can do so, and diligently confess our misdeeds, and strictly make dot (amends), and rightly love and worship one God, and unani- mously hold one Christianity, and diligently eschew every heathenism, diligently promote prayer among us, and diligently love peace and concord, and faithfully obey one royal lord, and diligently support him with right fidelity.' The Council of Enham, being held under Alphege as primate (whose predecessor in the see of Canterbury died ^ Thorpe's Aticient Laws, vol. i. p. 315. CHAP. IX ETHELRED AND CANUTE 275 on the 1 6th November a.d. 1006,^ and who went in the next year to Rome for his pall,^ and returned), could not be earlier than a.d. 1008; which is the Latin date (in the same volume^ of the Parker manuscripts which contains the Acts of the council, and also in a volume* of the Cottonian collection, different from that which contains the * synodical decrees ' ) of the civil ordinance, by which some of those synodical decrees (altogether fifty-three in number) were adopted and ratified ; others being amended, and some dis- allowed, or omitted as unnecessary. The Anglo-Saxon title of the civil ' ordinance '^ is : ' This is the ordinance that the king of the English and both the ecclesiastical and lay witan have chosen and advised.' The points of agreement prove the relation of the Acts of the two assemblies to each other. The points of difference, as well as the fact that the Acts of both assemblies are pre- served as distinct from each other in the same volume of the Parker manuscripts, prove that neither document is a cor- rupted or imperfect copy of the other. It is probable, that both assemblies may have been held about the same time (perhaps at the same place), the royal witenagemot succeeding the ecclesiastical synod. On comparing the civil ordinance with the * synodical decrees,' we find that, of the latter, twenty-six^ were adopted and enacted, not in substance only, but for the most part 1 Hook, Lives of Archbishops ^ vol. i. p. 454. (Archbishop Alphege fell into the hands of the Danes at Canterbury, a.d. ioii, and was murdered by them in the following year.) 2 Ibid., p. 463. 3 ]^o^ 201 of Nasmith; S. 18 of Wanley. * 'Nero, A. i." (Mr. Thorpe's print is from this MS.) ^ Thorpe, Ancient Laws, vol. i. p. 304. ^ Those numbered (by Mr. Thorpe) i to 4 inclusive, 6, 8 to 11 in- clusive, 13, 15 to 21 inclusive, 24, 26, 30, 31, 33, 35, 37, 38, 40. 276 ANCIENT FACTS AND FICTIONS part ii literally, and with little change of order, by the king and his witenagemot; that seven ^ more were adopted, with omis- sions or variations in the nature of amendments; that fifteen 2 were retrenched (probably as being didactic or superfluous), four articles in general terms of a like nature being substituted for them at the end of the civil ordinance ; and that five^ were disallowed, one of which had ordered the observance of ember-days and fasts, * so as St. Gregory himself prescribed to the English nation.' ^ For this, the national witenagemot (either to do honour to the memory of Ethelred's murdered brother and predecessor, or perhaps from some apprehension^ that judgments might have fallen upon the realm on account of that murder), substituted an article in these words ^ : — 'And the witan have chosen that St. Edward's mass- day shall be celebrated over all England on the XV Kal. April.' 1 Arts. 5, 22, 25, 27, 28, 32, 36. 2 Arts. 14, 29, 41 to 53 inclusive. 3 Arts. 7, 12, 23, 34, 39. (They relate to the banishment of witches, etc., to prohibited marriages, to St. Gregory's rule as to fasts and fes- tivals, to penalties for injuring ships of war, and to outrages against nuns and widows. Some of them were afterwards enacted by Canute. ) * Art. 23 (Thorpe, Ancient Laws, vol. i. p. 321). '^ Stow (a.d. 978), following older chroniclers, says of Ethelred : * Because he came to the kingdom by wicked means, and by killing his brother, he could never get the good-will of the people.' Gervase of Canterbury (Stubbs' ed., vol. ii. p. 52) says : *He besieged rather than governed the kingdom for thirty-seven years. The course of his life began with cruelty, continued in misery, ended in disgrace. St. Dun- stan, when unwillingly he put the crown upon his head, had foretold the evils which would come upon him and upon the whole kingdom.' Other chroniclers fill up the tradition with the words of Dunstan, predicting judgments upon him because he had profited by his brother's murder ; though guilty of it he certainly was not. « Thorpe, Ancient LawSy vol. i. p. 309 (art 16). CHAP. IX ETHELRED AND CANUTE 277 The only parts of these documents which (with reference to my general subject) I think it necessary to mention, are two articles^ of the civil ordinance, as to church dues and tithes, corresponding exactly with six^ of the 'sy nodical decrees.' As to tithes, they merely provided that *a tithe of young by Pentecost, and of earth-fruits by All-Hallows mass,' should be 'willingly paid every year.' As to the other dues, the only thing worthy of note is, that burial- fees {soul-scot) were ordered^ to be paid * to the minster ' to which the corpse belonged, when an interment might take place out of 'its proper shrift-district.' The monastic mind* is apparent in these 'decrees,' and in the provisions of the 'ordinance' which followed them. Whether from the disorders of the time, or from some constitutional objection to the manner in which the proceedings had been conducted, the fact appears to be, that they failed to take effect as laws. The party in whose interest they had been conceived considered their ratification, by re - enactment,^ necessary within a very few years afterwards; and in one of the documents^ which had that object in view there is an imputation of irregularity cast upon King Ethelred's 1 Arts. II, 12 {ibid.^ pp. 307-309). 2 Arts. 16-21 inclusive {ibid., pp. 319-321). ^ 'Ordinance,' art. 12 {ibid., p. 309). ^ See arts. 4 to 9 inclusive, of the civil ordinance (Thorpe, Ancient Laws, vol. i. pp. 304-307) corresponding with arts. 2 to 5 inclusive, of the synodical decrees ^ibid., pp. 314-317). ^ See OfGrithandofMund{ibid., pp. 33i-337),and Of Church- Grith {ibid., 341-351), particularly articles i, 9 to 13 inclusive, 17, 28, 30, 31, and 44 of Church-Grith. The greater number of them were afterwards incorporated into Canute's laws (see his Ecclesiastical Laws, arts, i, 2, 5, 6, 8, 9, 12 to 17 inclusive, 19, 21, 24; Secular Laws, arts. 3, 5, 10, 36, 37, 51, 66, 74 — Thorpe, Ancient Laws, vol. i. pp. 358-425). 6 Of Church-Grith, arts. 37, 38 {ibid., p. 349). 278 ANCIENT FACTS AND FICTIONS paet ii witenagemots, which does not seem applicable to the laws of Woodstock or Wantage, but may, perhaps, have reference to the separation, in a.d. 1008, of the national witenagemot from the ecclesiastical synod. ' In those gemots ' (it is said), ' though deliberately held in places of note after Edgar's lifetime, the laws of Christ waned, and the king's laws were impaired; and then was separated what was before in common to Christ and "the king in secular government ; and it has ever been the worse, before God and before the world.' § 4. Ethelred's supposed law for Partition of Tithes. Mr. Thorpe has classified, among 'the laws of King Ethelred,' two other documents, of which he has given (I cannot say translated) the titles as found in the Anglo- Saxon texts: — Of Grith and of Mund^ and Of Church- Grith. ' ^ ' Grith ' means peace or privilege ; such as that of a sanctuary or other privileged place or person. * Mund ' is explained as protection^ guardianships and also as the price or penalty for the violation of a privileged person or thing. The former of these documents ^ contains nothing about tithes or ecclesiastical organisation ; it is a short collection of English, Kentish, South -Anglian, North -Anglian, and other laws, relative to the privileges of churches, etc. ; which, in the thirteen last articles,* is followed by a wail of lamentation over the prevailing neglect of bishops and their precepts, and the hypocrisy of those who, making a formal profession of religion, and of reverence for priests, ^ Thorpe, Ancient Laws^ vol. i. p. 330. 2 Ibid., p. 340. * Ibid., p. 330. ^ Arts. 19-31 {ibid., pp. 333-339). CHAP. IX ETHELRED AND CANUTE 279 ' plunder the Church, and corrupt or impair that which to the Church belongs/ and ' injure or revile (the clergy) by word or deed.' There is in it no pretension to, or indica- tion of, legislative form or matter; and it is difficult to understand on what ground it could have been supposed by any one to be a law. I mention it only because its matter and character, its juxtaposition in the manuscripts ^ with the succeeding document entitled Church- Grith^ and a remarkable sentence ^ which is found in both, suggest that those two documents may have had the same origin and a common purpose. The document called Of Church- Grith was either a collection (as the late Mr. Price,^ an eminent Anglo- Saxon scholar, thought it) of the same character with Of Grith and of Mund, or it was a draft or project of laws, which the framer — evidently an ecclesiastic of Aelfric's school — wished to have enacted. If the former was its true character, some things contained in it, especially the article as to a tripartite division of tithes, must have been of the same spurious quality with other monastic fabrications, of which, from the time of the false Isidore, there had been too many. If the latter (as I should myself rather conclude, from the relation which the contents of this document bear to the legislation of Canute), then the question is, when, 1 The Cottonian MS., *Nero A. i ' ; and the Parker MS., No. 201, Nasmith ; S. 18, Wanley. 2 Opening of art. 24 in Grith and Mund'. * And wise were also in former days those secular witan, who first added secular laws to the just divine laws, for bishops and consecrated bodies ; ' and of art. 36 in Church- Grith : *And wise were those secular witan, who to the divine laws of right added secular laws for the people's government." * See Mr. Price's letter (26th June 1832) to Archdeacon Hale, in Hale's Essay on Church-rates^ App., pp. 49-51. (As to Mr. Price, see preface to Thorpe's Ancient Laws, vol. i. p. xvii.) 28o ANCIENT FACTS AND FICTIONS paet n and how far, and by what authority (if at all), the matter embodied in that project, or any part of it, became law ? In its first and sixth articles (the latter being that which was intended to enjoin a tripartite division of tithes) it speaks, beyond doubt, the language, either of past or of present national legislation. The first ^ article (which relates to the privileges of churches) is introduced with the words : * This is one 2 of the ordinances which the king of the English composed with the counsel of his witan.' The sixth article I give, with three more which succeed it ; all relating to tithes.^ § 6. * And respecting tithe — the king and his witan have chosen and decreed, as is just, that one third part of the tithe which belongs to the church go to the reparation of the church, and a second part to the servants of God, the third to God's poor and to needy ones in thraldom. § 7. ' And be it known to every Christian man that he pay to his Lord his tithe justly, always as the plough traverses the tenth field, on peril of God's mercy, and of the full wite which King Edgar decreed — that is : § 8. If any one will not justly pay the tithe, then let the king's reeve go, and the mass-priest of the minster, or of the land-rica^^ and the bishop's reeve, and take forcibly the tenth part for the minster to which it is due, and assign to him the ninth part ; and let the eight parts be divided into two, and let the landlord take possession of half, half the bishop ; be it a king's man, be it a thane's. § 9. * And let every tithe of young be paid by Pentecost on pain of the wite^ and of earth-fruits by the equinox, or at all events by All-Hallows mass.' ^ Thorpe, Ancient Laws, vol. i. p. 341. ^ This form of expression is singular. I do not think that any- thing exactly like it is to be found elsewhere. ^ Ibid., 343. * Mr. Thorpe explains '■Jand-rica' as the proprietor of the land, lord of the soil. CHAP. IX ETHELRED AND CANUTE 281 On comparing these articles with King Edgar's laws,^ it will be seen that, if enacted, they would have omitted the clause in those laws which authorised the payment of one- third of the local tithes to a manorial church having a burial-ground; and would have substituted for it a pro- vision (new in Anglo-Saxon legislation) for a tripartite division of tithes, substantially the same with that of the Capitulare Episcoporum^ though not expressed in exactly the same terms ; the chief diiference being that, as to one-third, we have here ^the servants of God^ instead of ^ the priests alone' ; a variation which (if it did not indicate), certainly included monks. And the tithes, to be so divided, would have been treated as wholly due to ''the minster^ which (if this were read with the * Habam Ordinances ') would appear to mean the nearest Mother- Church. That the framer of any project of law should express it in those terms in which it might stand, if adopted and passed by the legislature, is not extraordinary. That form cannot determine the question, whether it was so adopted and passed or not. The internal evidence of the latter part of the docu- ment is strong against the supposition that, in the form in which it there appears, it was, or could have been, enacted as law. Five of its nine last articles are historical, rhetorical, expostulatory, didactic ; such as might have been appended, by ecclesiastics dissatisfied with the actual state of things, to proposals of a practical character cast into the shape of laws which they wished to have passed ; but such as, if their proposals were wholly or in part adopted, would certainly not be repeated in the law itself. Mr. Freeman, who seems to have accepted ^ the date a.d. * Ante, p. 220. 2 Norman Conquest^ vol. i. p. 366. 282 ANCIENT FACTS AND FICTIONS part ii 1014 (found, as will presently be stated, in a Latin rubric to one of the manuscripts) as evidence that the document represents some public act of that year, was also led (I presume, by those latter clauses) to the conclusion, ^ that these were * hardly laws at all,' but mere * advice,' and ' an expression of pious and patriotic feeling, a promise of national amendment, rather than legislation, strictly so called.' . The document is found in two (I believe only two) manuscripts, one of them imperfect : — in ' Nero A. i * of the Cottonian collection, and in the volume of the Parker collection in the library of Corpus Christi College, Cam- bridge, numbered 201 by Nasmith, and by Wanley S. 18. The contents of both those volumes (of the former especially) are miscellaneous in their character. The Saxon portion of the former (of which the Latin part includes some things belonging to the latter half of the twelfth century) is said by Mr. Thorpe to have been 'written apparently in the beginning and middle of the eleventh century ' ; the Parker volume he describes as ' ap- parently of the middle of the eleventh century.' If the present order of their contents can be relied on, no part of either volume was written before the end of Canute's reign, who died in November a.d. 1035 ; for the Worcester book begins with Canute's laws, which are followed by those of Edgar, Alfred, Athelstan, Edmund, Ethelred; and after them Grith and Mund^ and Church-Grith ; — all in Anglo-Saxon ; not laws only, but in that order. In the other manuscript, Canute's laws do not come first; but they follow Church-Grith. Selden knew and used the Worcester (Cottonian), and Spelman the Parker manuscript ; and, as neither of them ^ See his paper quoted by Rev. Morris Fuller, Alleged Tripartite Division, etc., p. 34. CHAP. IX ETHELRED AND CANUTE 283 made mention of this Church-Grith document, it may be inferred that they did not regard it as having the character or the authority of a law. If Lambarde, Whelock, and John Johnson were acquainted with either manuscript (the contrary supposition is improbable), the inference as to them also, from their silence about it, must be the same. David Wilkins was the first to publish it, in his Leges Aftglo- Saxonicce^ where he combined it, in a manner for which the manuscripts afforded no warrant, with the ordinances of Wantage. If he had regarded it as an authentic eccle- siastical law when he afterwards (in a.d. 1737) published his great collection of Acts of councils and other English ecclesiastical documents, it must ^ have found a place there ; which it does not. Mr. Thorpe professes to follow the (imperfect) Cotton- ian manuscript; which, however, does not contain his Latin heading, with the date a.d. 1014 {^Anno MXIIII ab Incarnatione Domini nostri Jesu Christi^). There is, in- deed, now written in the margin of that manuscript, in a small modern hand (which I believe to be that of Josce- line. Archbishop Parker's secretary), the date ''A*^- dni. 1014 '; and this, no doubt, was done upon the authority of the other manuscript, then (if Josceline was the anno- tator) in Archbishop Parker's possession. The Parker manuscript is, therefore, the only authority for that date. It occurs there (with the figures, as given by Mr. Thorpe, but in other respects with contractions ^ which he has expanded) in a rubric, crowded into the right side of the first lines of ^ Leges Anglo-SaxoniccB {i^j 21), pp. 106, 113. 2 Canute's Ecclesiastical Laws are in Wilkins's Concilia, vol. i., pp. 299-309. ^ The rubric is in two lines of unequal length, thus : AN. MXIIII AB. INCARN DNI NRI IHV XPI. 284 ANCIENT FACTS AND FICTIONS part ii the text, and therefore written at the same time with those Hnes — that is, not earlier than the middle of the eleventh century. In transcripts or copies of ancient documents, nothing is more liable to corruption than numerals : and, in this case, an error in a single figure might have made MXVIII pass into MXIIII. I have spoken of the marginal note (which I suppose to be Josceline's) to the Worcester manuscript. There are also two notes, in differ- ent hands of the sixteenth or seventeenth century, to the Parker manuscript : one, at the top of the page, * Leges Aetheldredi^ {Ethelred's Laws); the other, in the margin, ^ Fragmen. Legis CanutV (A Fragment of Canute's Law). The former gloss (for Ethelred's name occurs nowhere in the manuscript) was evidently founded on the rubrical date ; the latter upon a suspicion of error in the date, not un- reasonable (although the idea of the document being a ' fragment ' seems to be incorrect) when its relation to the laws of Canute is perceived and considered. Mr. Price ^ thought, that the date a.d. 1014 was con- firmed by the internal evidence of a clause in the document itself; although he did not regard it as a law. The clause^ is this : * But let us do as is needful for us ; let us take to us for an example that which former secular witan deliberately instituted, — Aethelstan, and Edmund, and Edgar who was last ; how they worshipped God, and observed God's law, and rendered God's tribute, the while that they lived. And let us love God with inward heart, and heed God's laws, as well as we best can.' I fail to see why the words, * Edgar who was last^ should be more appropriate to the end of Ethelred's than to the 1 Letter to Archdeacon Hale (26th June 1832), Hale's Essay on Church-rates , App., pp. 49-51. ^ Art. 43 (Thorpe's Ancient Lawsy vol. 1. p. 351). CHAP. IX ETHELRED AND CANUTE 285 beginning of Canute's reign. They could not, in either case, mean that Edgar was the immediate predecessor of the reigning king ; for Edgar was not the immediate prede- cessor of Ethelred ; Edward, ' the Martyr,' came between. If (as I think) they mean that Edgar was the last of those kings who were held up by the framer of the document as examples for imitation, that would be no less true at any time before a reform, after the model of those better times, had taken place, than in a.d. 10 14. It would be true till Canute had satisfied the desires of those who looked back with regret to the days of Athelstan, and Edmund, and Edgar. That this is the real sense of the words, I think manifest from another clause ^ in the same document, already (for another purpose) referred to. 'But in those gemots, though deliberately held in places of note, after Edgar's lifetime, the laws of Christ waned, and the king's laws were impaired.' And it is further illustrated by a passage in the Institutes of Polity^ where it is said ; * It has been altogether too much the case, since Edgar ended, that there are more robbers than righteous.' What, as bearing upon the question whether Church-Grith was an enactment of Ethelred in a.d, 10 14, which had force and effect as law in England, is the evidence of history ? Ethelred had before that year fled the country, and Sweyn, the father of Canute, reigned for a short time in his stead. It is true that at Easter, a.d. 10 14, after Sweyn's unexpected death, Ethelred was recalled by his subjects, and returned, promising (a condition on which they insisted) that his government should be reformed. So say all the chroniclers ; but not one of them says that the promise was fulfilled. On the contrary, his last days ^ Art. 37 (Thorpe, Ancient Laws, vol. i. p. 349). 2 Ibid.f vol. ii. p. 321. 286 ANCIENT FACTS AND FICTIONS part il seem to have been (if possible) worse than the first. He was in circumstances which left him practically without power. Canute never renounced, and never thought of renouncing, the crown which had been his father's. In the war which followed Ethelred's return he found his strength insufficient, without reinforcements ; to obtain which he sailed to Denmark; but after a short interval he came back, stronger than ever. When the war was resumed Ethelred was in failing health. In 1016 he died. On his death Canute was accepted as king by the national witenagemot at Southampton, and he carried on the war with varying fortunes during the spring and summer of that year against Edmund Ironside. That war was terminated by an agree- ment for partition of the kingdom ; but on the 30th of November in the same year Edmund died ; and from that day Canute reigned throughout England without a com- petitor. I find it difficult to suppose that if, during the year after Ethelred's return from Normandy, a national witenagemot had been assembled for the work of legislative reform, it would have been contented with a series of purely ecclesi- astical laws and precepts, such as those contained in the document under consideration ; or that, if Ethelred had in that way redeemed his promise to govern better than before, every chronicler who mentions that promise would have been silent about it ; or that the laws of Edgar, the restora- tion of which in A.D. 10 18 was one of Canute's first acts,^ should have been still disregarded until that time. But if the mention of the 'king and witan' in Church- Grtth^ together with the rubrical date of the Parker manuscript, should seem to any one sufficient to outweigh those improbabilities, ^ Saxon Chronicle, and Florence (following it), under A.D. 1018. CHAP. IX ETHELRED AND CANUTE 287 what was done by Ethelred in a.d. 1014 could not after his death in a.d. 10 16 take any practical effect, except so far as it might be recognised as valid or confirmed by Canute ; nor under the circumstances of those two miserable years ^ while Ethelred still lived, is it possible that anything so done could have effected a practical change (even during that interval) in the prior usages of the Anglo-Saxon Church. What Canute did, — whether Church- Grith represents any- thing done or proposed to be done in a.d. 10 14, or whether it was (as I think more likely) a project of law which the ecclesiastics who called Canute to the throne in 10 16 submitted to him, then or afterwards, and desired to have enacted by him, — ^what he did, proves unequivocally, that, although he conciliated the monastic party by accepting and enacting almost everything which was contained in that document, he did not accept, and did not enact or confirm, but, on the contrary, set aside and disallowed the article of that document as to a tripartite division of tithes. § 5. Canute^ s Laws. Of all the kings who held sway in England before the Norman Conquest, Alfred and Canute were the most distinguished as legislators : Canute stands even before Alfred, as the author of the more complete, copious, and elaborate code.^ That work must have been the result of careful deliberation ; it was a well-considered endeavour to provide for the good government of his English subjects, and to meet, as far as possible, the reason- ^ In the same Worcester (Cottonian) manuscript volume which con- tains Church-Grith is a sermon thus described in the table of contents at the beginning of the book : * Sermo Lupi ad Anglos^ quando Dani niaxime persecuti sunt eos ; quodfuit anno 1014 ab Incarnatioiu Domini nostrijesu Chrisii.' ^ Thorpe's Ancient LawSy vol. i. pp. 358-430. 288 ANCIENT FACTS AND FICTIONS part ii able wants and wishes of all orders and degrees of men among them. It contains twenty-six ecclesiastical laws, and eighty-four secular (including several on mixed subjects) ; in addition to which, there were thirty-four forest laws. There is nothing in Canute's code material to my purpose, except the laws which show its relation to the documents called Of Grith and of Mund^ and Of Church-Grith^ and those relating to tithes and repairs of churches. Of the classification of 'minsters,' and 'field- churches,' contained in one of its articles, I have already^ spoken. That the document called Of Grith and of Mund, was made use of in the preparation of Canute's laws seems evident, from some of the provisions in the second ^ article of the ecclesiastical, and the sixtieth^ of the secular laws ; and also from the opening words of the twenty-sixth * article of the ecclesiastical laws, ^Bishops are heralds^ and teachers of Gods laws^ which are found in the nineteenth article of Grith and Mund. As to the other document, the state of the case is this. It contains, altogether,^ forty-four clauses or articles; of which five^ are of that historical, rhetorical, expos- tulatory, and didactic character of which I have spoken as not proper for laws which could, in that or any similar form, be enacted by any legislature. These do not appear in Canute's legislation; and one other was omitted, 1 Ante^ pp. 222, 223. ^ * Then is it very right, that God's church-grith within walls, and a Christian king's hand-grith, stand equally inviolate,' ibid.^ p, 359 ; compare Of Grith and of Mund, art. 2, ibid.^ p. 331. ' Ibid.y p. 409; compare Of Grith and of Mund ^ art. 9; ibid.,^. 331. * Ibid., p. 375; G. and M., ibid., p. ZZZ- ° Ibid.y pp. 340-351. ^ Arts. 36 to 39 inclusive, and 43. CHAP. IX ETHELRED AND CANUTE 289 apparently as superfluous. There remain thirty-eight of a more positive kind ; and of these, thirty-two are found, without alteration, in Canute's laws (twenty-five in the ecclesiastical, seven in the secular), and four more, if not repeated in exactly the same terms, are covered in substance and by necessary implication.^ Two ^ remain, which were evidently, on consideration, disallowed ; one of these is the article for the tripartite division of tithes — of which (I may here add) there is no trace in any later collection or compila- tion of Anglo-Saxon laws, — not in those which go by the name of Edward the Confessor ^ ; not in those ascribed to the Conqueror * ; not in those called the laws of Henry I.,^ The other rejected article ^ proposed to give extraordinary aid and protection to abbots and their stewards : 'And the king commands all his reeves, in every place, that ye protect the abbots on all secular occasions, as ye best may ; and, as ye desire to have God's or my friendship, that ye aid their stewards everywhere to right ; that they them- selves may the more uninterruptedly dwell closely in their minsters, and live according to rule.' Canute did more than omit the clause for the tripartite division of tithes. Instead of it, he restored ^ to its proper place in the ecclesiastical part of his code, Edgar's law ^ in favour of manorial churches with burial-grounds, (which the framers of Church-Grith had omitted). And by one of his secular laws,^ * all men ' were required to ' give assistance to church-bot^ — that is, to the repair of churches. ^ See Appendix E. 2 Arts. 6 and 32. (That as to the partition of tithes is art. 6. ) * Thorpe's Ancient Laws, vol. i. pp. 442-464. * Ibid.^ pp. 466-496. 5 Ibid., pp. 497-631. ^ Art. 32 {ibid.;^. 347). ' Canute's Ecclesiastical Laws, art. 1 1 (Thorpe's Ancient Laws^ vol. i. pp. 366, 367). 8 Ibid.y p. 263 (and see ante, p. 320). » /^^-^^ (p^ ^u^ art. 66). U 290 ANCIENT FACTS AND FICTIONS part ii If we inquire how it happened that, on points such as these, the monastic party failed to obtain the legislation which they desired, the explanation may probably be found in the influence of Ethelnoth, who succeeded to the see of Canterbury in a.d. 1020. He was Canute's intimate friend, ' encouraging him ' (in the words of Dean Hook's ^ quotation from William of Malmesbury) 'in his good actions by the authority of his sanctity, and restraining him in his excesses.' 'Although educated at Glastonbury, he was himself a secular, and the predilections of Canute for the party of the seculars were evinced by his placing the church he erected at Assingdon under the control of a secular priest ; but, where- ever people desired it, Benedictine monasteries were estab- lished, and every facility was afforded to the chapters of cathedrals and larger churches to adopt the Benedictine rule when such was their pleasure. The consequence was that the seculars ceased to be persecuted ; and although, in de- ference to public opinion, the married clergy were not encouraged, they were permitted without molestation to culti- vate the domestic virtues until the triumph of celibacy under the Normans.' 2 I will state, before leaving this subject, my reasons for agreeing with the opinion of Mr. Kemble ^ and Schmid,* that Canute's laws ought to be referred, not (as Lappen- berg ® and some others have thought) to the latter, but to the earlier part of his reign. If they belong to the earlier time, the * Mid-winter ' witenagemot of Winchester, at which, according to the Anglo-Saxon title ^ in the Wor- ^ Lives of Archbishops^ vol. i. p. 479. - Ibid,^ pp. 480, 481. ^ Saxons in England^ vol. ii. p. 259. ^ Die Gesetze der Angelsachsen (Leipsic 1882), preface, p. Iv. ' Hist, of England (JiYiox^Q's transl.), vol. ii. p. 202. ^ See Thorpe, Ancient LawSy vol. i. pp. 358, 359. CHAP. IX ETHELRED AND CANUTE 291 cester manuscript, they were passed, may probably have been held between a.d. 1018 and 1021.. Those who lean to the contrary opinion suppose them to have been passed after Canute's return from his pilgrimage to Rome ; the true date of which (though assigned by the chroniclers to A.D. 103 1 ) cannot be later than 1026.^ It is not likely that Canute, whose affairs in the north of Europe required him to be for long intervals absent from England, should have delayed for more than ten years from his accession to the throne a work of legislation, indispensably necessary for the pacification and settlement of his newly-acquired kingdom. It was expected from him by those who, upon the death of Ethelred, chose him for their king. The provisions of his laws generally, and especially the ecclesiastical laws, were founded upon materials ready to his hand. His policy must have been to conciliate, as much and as soon as possible, the goodwill of his new subjects, and to establish a contrast between his firm government and the preceding times of disorder. All these considerations were against unnecessary delay. Lappenberg^ gives no reasons for his opinion, that Canute's laws *do not appear to have been composed in the first years of his reign,' beyond these — (i) that their preamble * shows them to be posterior to the re-conquest of Norway in 1028 ;' and (2) that they contain a *reintroduc- tion of St. Peter's Penny.' Of the latter reason it is sufficient to say, that the clause in Canute's ecclesiastical laws, which Lappenberg describes as * re -introducing ' the Ro7n-feoh^ or Peter's ^ See Lappenberg, History of England (Thorpe's transl.), vol. ii. p. 211, note. 2 ji,id,^ p. 202. 292 ANCIENT FACTS AND FICTIONS part ii penny, is taken directly from Church- Grith} and could not be due to any special effect on Canute's mind of his visit to Rome. That impost had been recognised, as legally due, in the synodical decrees of Enham,^ and in the ordinance of a.d. 1008.^ And Canute's own letter* from Rome to the English archbishops and bishops (which, in Lappenberg's view, preceded his legislation) contains, to my mind, evidence to the contrary. He referred in that letter to plough -alms, tithes, Peter's pence, and church- scot (the payment of all which was enjoined by clauses of his code, repeating and confirming older laws), as 'due according to the ancient law to God ' ; he expressed his desire that none of them should be in arrear when he returned ; and he gave notice that if they were not duly paid, the laws concerning them would be strictly enforced by him against defaulters {^Hcec et his similia^ si non erunt persoluta^ regia exactio secundum leges^ in quern culpa cadit, districte absque venia comparabitJ) As for the description of Canute, in the Anglo-Saxon title of the Worcester manuscript, as ' king of all England, and king of the Danes and Norwegians,' it is not to be assumed that, because a later scribe gave him that style, it was found in the original record of his laws. It is not in the Rochester ^ text. Schmid ^ regarded it as an interpola- tion, on the ground that Canute never used his Danish or Norwegian titles in England. And Lappenberg,^ when ^ Art. 10. See Thorpe, Ancient Laws, vol. 1. p. 343. 2 Ibid., p. 321. ' Ibid., p. 309, * See Florence of Worcester, sub a. d. 1031, and/^j/*, pp. 296, 297, note. " Textus Roffensis (belonging to the Dean and Chapter of Rochester Cathedral, published by Hearne in a.d. 1720) ; see fol. 58. ^ Die Gesetze der Angelsachsen, preface, p. Iv. ' Hist, of England {Thorpe^s transl.), vol. ii. p. 211, note. CHAP. IX ETHELRED AND CANUTE 293 investigating the question of the true date of Canute's letter from Rome,^ was not embarrassed by a similar diffi- culty. ' The title assumed by Canute, in his letter, of Rex Norveganorum et -partis Suevorum may ' (he said) * be a later interpolation.' ^ The letter in Florence of Worcester (under a.d. 103 i) is thus addressed : ' Canutus rex totius AnglicB, et DenemarcicB et Norre- ganorum, et partis Suavorumy Aethelnotho Metropolitano et Alfrico Eboracensi Arckiepiscopo.* CHAPTER X FOURTH PERIOD FINAL SETTLEMENT OF THE PAROCHIAL SYSTEM § I. Summary of laws as to Tithes ^ doivn to Canute The general effect of the Anglo-Saxon laws as to tithes, down to and including those of Canute, may be thus shortly summed up. The obligation of paying praedial tithes was recognised ; they were to be paid at certain seasons, according to the nature of the different titheable subjects. Those who did not pay them were liable to penalties ; and under Edgar's laws (confirmed and repeated by Canute), they might be taken forcibly, under process of law, from those who withheld them. Until Edgar's time, no law either enjoined, or expressly recognised, any special appro- priation of tithes. That appears to have been determined by practice. There was not so much as a canon of the Church which laid down a rule on that subject. If we go so far back as to the precepts of Archbishop Theodore, it seems that, in his view, the ecclesiastical duty would have been satisfied by a gift, either directly to the poor or strangers, or (by laymen) to the giver's * own church.' From Edgar's laws, however, it may with reasonable certainty be inferred, that there was a general presumption in favour of the payment of tithes to the * older minsters,' or ' mother-churches ' (monastic, generally, or conventual) — CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 295 similar to the public baptismal churches of the Continent. Those laws were the first to introduce an innovation upon that general custom, in favour of churches in private patronage, with burial-grounds belonging to them, within the manors or estates of private landowners. But that concession extended only to one-third of the local tithes. The other two-thirds were still treated as payable to the 'older minster,' or * mother -church.' Those laws were repeated^ in Canute's code. § 2. Course of transition to modern Parishes. There can be no doubt that, in the churches to which, under Edgar's laws, one -third of the local tithes was allowed to be given, we have the original type of modern parish churches. Of their multiplication, and gradual extension over the whole country, Selden's account 2 must be true. * Most laymen of fair estate ' (he says) 'desired the country residence of some chaplains that might be always ready for Christian instruction among them, their families, and adjoining tenants.' They built and endowed churches ; and the endowment of every such church, on its consecration, 'was restrained from the common treasure of the diocese, and made the only revenue which became perpetually annexed to the church of that clerk who received it.' A district was attached to the church, determined generally by the extent of those neighbouring lands of the lay founder, which were intended to receive benefit from the foundation. This became the ' parish ' of the priest in charge ; and the inhabitants of that district were his parish- ^ 'Y\\oxi^^s Ancient Laws, vol. i. p, 367 (arts. 8, ii). 2 Hist, of Tithes, ch. 9, § 4, p. 259 (ed. 1618). 296 ANCIENT FACTS AND FICTIONS part ii ioners. The older sense of the word ' parish ' naturally lent itself to that application. The priest was nomin- ated by the lord, or patron, and until the latter part of the twelfth century received investiture from him, without episcopal institution. This we know on the testi- mony of Pope Alexander III.,^ who condemned the practice as wrong in principle, and against ' the constitutions of the Holy Fathers.' * We have been certainly informed ' (he wrote to Archbishop Becket, and his suffragans of the province of Canterbury) ' by many complaints which have reached us, that in your parts a very bad and irregular custom has obtained prevalence for a very long time past {a multis retro temporibus ifivalmsse) ; namely, that clerks, influenced by blind covetousness, accept churches and ecclesiastical benefices without consent of the bishop of the diocese, or his officials, to whom that duty belongs.' An earlier attempt to establish, in such cases, the episcopal power had been made by Paschal II., but had met with resistance in England. Archbishop Anselm ^ wrote to that Pope : * After my return to England, on being recalled to my see, I produced the apostolical decrees which I heard when present in the council at Rome, forbidding any one to receive investi- tures of churches from the hand of the king or of any layman, doing homage for them {ut pro his ejus homo fieref) ; forbid- ding also the ordination of any one who might transgress this rule. It was, however, so ill taken by the king and his chief lords, and even by the bishops themselves, and by others of less degree, that they declared they would in no wise consent to it ; and that they would rather expel me from the realm, and separate themselves from the Roman Church {et a Romana ecclesia se discesstiros)J ^ Decret. Greg. IX. ^ lib. iii., tit. vii., cap. 3. « See Selden, Hist, of Tithes^ ch. 12, § 2 (ed. 1618), p. y]T. CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 297 The abolition of this practice, and also the establishment of the principle of lapse as to churches in lay patronage, were among the reforms accomplished by the third Lateran Council^ (a.d. 1179-80); the decrees of which, notwithstanding the difficulty which Anselm had en- countered, were not long afterwards received ^ in England, as in other parts of Western Christendom. Until then, if upon a vacancy taking place in any manorial parish church, upon the estate and in the patronage of a private landowner, it was not filled up, the bishop could neither make nor compel an appointment, and the parish might remain indefinitely without a minister. As long as that state of things continued, the patron had, in practice, upon every vacancy, large powers (whether recognised as canonically legitimate or not) over the church and its endowments; and it was not until the necessity for episcopal institution, and the right of the bishop to supply a vacancy in such a church after a certain delay, had become settled, that the modern parochial system was fully established. From the first, however, bishops, when requested to con- secrate churches upon private landowners' estates, were able to require, and according to general canonical usage did in practice require, such conditions as were usual and reasonable. The compliance of the founder with those conditions was, of course, voluntary ; the whole operation originated in his will to erect the church, and to seek its consecration : he doubtless knew beforehand, according to the practice of each age, what the bishop would be likely to require, and determined to meet those requirements, by endowment and otherwise, as far as his means would allow. Two minds, therefore, that of the founder and that of the 1 See Selden, Hist, of Tithes, ch. 12, § 5, pp. 388, 389. 2 /^^^ 298 ANCIENT FACTS AND FICTIONS part ii bishop, had to concur ; there was no external compulsion operating upon either of them. In ecclesiastical, as in other affairs, every innovation upon customary rights or interests is regarded with jealousy by those whose power it tends to diminish. The displace- ment, therefore, of the rights or claims of monastic and other public churches, by admitting other churches to par- ticipation in the like status and privileges, in a greater or less degree, was not likely to be regarded with favour by ecclesiastical authority, when in monastic hands. But, as the benefits which it was capable of conferring upon the common people, in country districts especially, made them- selves more and more felt, bishops who understood their duty became more favourably disposed towards it ; and, after it had reached a certain point of development, they, and other ecclesiastical corporations, themselves built and endowed churches, and constituted parishes of the new sort, upon their own ecclesiastical estates,^ retaining in their hands the appointment of the priests of those churches. By these natural steps the system, after it had once been set on foot and recognised by law, had a tendency to become, and did by degrees become, universal. This process, which (in England) probably began in the tenth, was an accomplished fact by the end of the twelfth century ; but to trace its progress during that interval, from historical records, is not easy. § 3. Canute s Letter^ and ^ Ecclesiastical Institutes.^ The use of the word ^parochia^ in the letter,^ already mentioned, which Canute wrote from Rome to his arch- 1 Selden, Hist, of Tithes, ch. 9, § 4 (ed. 1618), pp. 260, 261. 2 Florence, sub anno 103 1 : ^ Nunc igitur prcecipio, et obtestor omnes meos Episcopos et regni prapositos, per fidem quam Deo et mihi debetis. CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 299 bishops and bishops, has by some been understood of modern parishes. It is used, however, only as to '■church- scot^^ which was to be paid * to the church in whose parish each man hves' {ad ecclesiam^ sub cujus parochia quisque deget). But neither in any older laws, nor in Canute's own, is there any provision which authorised or contemplated the payment of church-scot to any but the ' older minsters,' or mother-churches. I conclude, that in this letter ^parochia ' meant the ecclesiastical district of the old minster or mother-church, and not a parish of the modern kind. Bishop Kennett,^ following Spelman,^ supposed the document, to which Mr. Thorpe has given the title of * Ecclesiastical Institutes,' to be a collection of 'Saxon canons;' and he quoted from it this passage, as bearing upon the history of the parochial system in England : * Let no mass-priest entice any man from the parish of another church to his church, nor instruct any one from another priest's district to attend his church and give him their tithe and the offerings which they ought to give to the other ; but let every one be content with that which comes to him from his church, and thank God for it.'^ There are other articles,* following this in the same document, which it would be material to consider, if the quaienus faciatis^ ut antequam ego Angliam veniam omnia debita qua Deo secundum legem antiquam debemus sint persoluta ; scilicet eleemo- syncB pro aratris, et decimce animalium ipsius anni procreatorupi, et denarii qtios Romcz ad sanctum Petrum debejnusy sive ex urbibus, sive ex villis ; et mediante Augusta decimce frugum ; et in festivitate Sancti Martini primitice seminum ad ecclesiam sub cujus parochia quisque deget i quce Anglice ciricsceat nominantttr.' 1 Case of Impropriations, etc. (1704), p. 12, and note, ibid. 2 Concil. Anglic, vol. i. p. 593. ^ See Thorpe, Ancient Laws, vol. ii. p. 411 (art. 14), and Johnson's Laws ajtd Canons (ed. 1850), vol. i. p. 459. * Arts. 15, 16, 17 (Thorpe, Ancient Laws, vol. ii. p. 413) ; John- son, ubi supra, p. 460. 300 ANCIENT FACTS AND FICTIONS paht ii document had been of the nature which Bishop Kennett supposed. Mr. Johnson, who better understood its nature, and who in his translation did not use (as Mr. Thorpe does) the words ^ parish^ or ^ parishioners^'^ drew from the article itself a different inference. The word for ' priest's district ' in the Anglo-Saxon text is ^ preost-scyre ' — {pries fs shire ) — on which Mr. Johnson ^ observed : ' By this it is evident, that bounds of parishes were not yet settled by law or established by custom ; and, as the diocese was then called the bishop's shire^ so the houses and vills next adjacent to a little church were called the priest's shire. Just before, this shire is called hyrnysse? Whatever interest the proper interpretation of that docu- ment may have, it belongs really to the history of the Galil- ean Church in the ninth, and not of the English Church in the tenth or eleventh century. So far from being a collec- tion of ' Saxon canons,' it is in fact (as has been elsewhere stated) an Anglo-Saxon translation — supposed to be by Aelfric — from a work written for the diocese of Orleans by its bishop, Theodulph,^ in the first half of the ninth century ; and there is no evidence whatever, nor any ground for believing, that it ever had any authority in England greater than might belong to any other work of an eminent Frank divine of that period. § 4. Laws of Edward the Confessor. In the preface to all the manuscripts which contain the compilation called the Laws of Edward the Confessor,^ it is ^ The word ^parishioners ' occurs frequently in Mr. Thorpe's trans- lation (see articles 25-29), Ancient Lawsy vol. ii. pp. 423-425. ^ Johnson's Laws and Canons, vol. i. (ed. 1850), p. 460. ' Ibid., pp. 450, 452, note. * Thorpe, Ancient Laws^ vol. i. p. 442. CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 301 represented as a report made to William the Conqueror by a sworn jury of twelve, chosen out of a body of English noblemen and men learned in Anglo-Saxon law, returned from all the counties of England, under a commission issued by William in the fourth year of his reign, that he might 'hear from themselves what their customs were, without omission, addition, or change.' This, if authentic, and if its contents had corresponded to the supposed commission, would be a document of great interest. But nothing can be more remote than it is from the character which the preface claims for it. It contains altogether thirty-three articles, some of them statements of laws or customs ; some historical, and of later date than the Conqueror's time ; which are interjected in a very extraordinary manner. The first place is given to ecclesiastical subjects ; and among these it is noticeable, that the joint jurisdiction of civil and ecclesiastical judges, sitting together in one court (as provided by the laws of Edgar ^ and Canute),^ is affirmed.^ Two articles relate to tithes;* of which (not praedial only, but personal), the payment to ' Holy Church ' is in general terms prescribed, with an enumeration in detail of titheable matters; but without mention or indication of the churches entitled to receive them : ' Let any one ' (it is said) ' who shall have kept them back be compelled to payment, if necessary, by the justice of the Church and the king. These things St. Augustin preached, and these were granted by the king, and confirmed by the ^ Art. 5 of Edgar's Secular Ordinance (Thorpe, Attcient Laws, vol. i. p. 269). 2 Art. 18 of Canute's Secular Ordinances {ibid., p. 387). ^ Arts. 3 and 9 of Leges Regis Edwardi Confessoris {ibid. , pp. 443 445). * Arts. 7, 8 (ibid., p. 445). 302 ANCIENT FACTS AND FICTIONS part ii barons and people. But afterwards, by the instigation of the devil, many kept them back; and those priests who were rich were not very careful in looking after them {non mulHim ctiriosi erant ad perquire7idas cas), because in many places there are now four or three churches, where there was then but one, and so they began to suffer diminution ' {quia in multis locis sunt modo iiii vel iii ecdesicE^ ubi tunc temporis non erat nisi una; et sic inceperunt minuz). This passage might, by implication, afford light as to the progress of the parochial system, if the time of which it speaks were ascertained. But the clause as to Danegeld,^ which follows soon afterwards, speaks of a time later than the Conqueror, and was probably not written earlier than the reign of Henry I., if so soon. ' From this Danegeld ' (it says) ' all land was free, which was the property, or held under the lordship of churches {qucB de ecclesiis propria et dominica erat) ; also that held of parish churches thereto (?) belonging {etiam de ecclesiis parochiarum ad idem pertinentibus) \ and they paid nothing for its redemp- tion, because they placed more trust in the prayers of the Church than in the defence of arms. And this liberty had Holy Church even to the time of William the youfiger, who sought aid fro fn the barons of the whole cou?ttry for keeping Normandy from his brother Robert when he wefit to ferusalem^ and they granted him four shillings (solidos)/^^;;^ every plough- lana^ 7tot excepting Holy Church; which collection beiftg inade^ the Church cried out^ demanding back her liberty^ but without success! Among the secular articles (twenty-two of which follow the ecclesiastical) is one as to the royal power,^ which no one can believe to have been delivered as law by any representatives of his Anglo-Saxon subjects to William the Conqueror. As characteristic of the compilation, though not directly germane to my subject, I extract it : ^ Art. 1 1 (Thorpe, Ancient LaivSy vol. i. p. 446). » Art. 17 {ibid., p. 449). CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 303 'The king, who is the vicar of the Supreme King, is appointed to this end, that he may govern and defend from wrong-doers the kingdom and people of the Lord, and, above all. Holy Church, and may destroy and root out criminals. If he do not this, he loses the name of king, as was de- clared by Pope John,i to whom Pepin and his son Charles, when they were not yet kings or princes, but under a foolish Frank king, wrote inquiring, "Whether the kings of the Franks ought so to remain content with the mere name of king ? " Who answered, " It is fit that those should be called kings who vigilantly defend and govern the Church of God and His people after the example of the Psalmist King, who said, ' He who doeth proud things shall not dwell in my house,'" etc' After the thirty-third article (and before the last four, which are criminal and mercantile laws), comes the inter- jected historical matter. ^ This begins with a statement that King William, on hearing the preceding 'and other laws concerning the realm,' ' highly appreciated ' it {inaxinie appreciatus est earn), and wished it to be observed through- out the kingdom ; first, however, expressing a preference for the Norman law ' as deeper and more excellent ' {pro- fundior et honestm-) 'than all others — that is, than all the laws of the Britons, English, and Picts.' But he yielded to the entreaties of the natives of the land who declared to him these laws {pmnes compatriotce qui leges narraverunt), and who prayed him to allow them to be observed, 'for the sake of the soul of King Edward, who had granted him the kingdom, and whose laws these were, and not of any strangers. At last he acquiesced in the counsel and prayer of the barons, and so were authorised {aucforizatcB) the laws of King Edward, which were devised and ordained ^ The Pope of whom this is related by historians is Zacharias, not John. 2 Arts. 34, 35 (Thorpe, Ancient Laws, vol. i. pp. 458-460). 304. ANCIENT FACTS AND FICTIONS part ii previously in the time of King Edgar his grandfather, but after his death were set aside for sixty-eight years.' ^ Then follows an account of the succession of kings and the duration of their reigns, from Edward the Martyr to the death of Hardiknute ; ' so completing the sixty-eight years during which the laws were set aside.' * But after King Edward came to the kingdom he, by the counsel of the barons of the realm, made them restore and confirm the law so disused, because it seemed to them good, and because his grandfather had ordained it ; and so it was called the law of King Edward, which had been before set aside from the death of Edgar his grandfather till his own time.' Then comes another historical chapter ; explaining why the Confessor had not chosen Edgar Atheling for his successor, but had 'adopted William, Duke of the Normans, son of his uncle Robert, who afterwards, by God's help, conquered his right in war against Harold.' The whole ends (in two of the three extant manuscript copies) with this note :^ 'Here end the laws of Edward, first devised by Edgar his grandfather, and confirmed by William the Conqueror of England, and previously approved in King Cnuto's time.' It must be added, that very little of the matter included in this compilation is contained in the laws of Edgar, nor is much of it in those of Canute. In the form in which it stands it is apocryphal, and not to be relied on for any historical purpose. § 5. Laws of the Conqueror. The laws of William the Conqueror himself ^ have a 1 Including in those sixty-eight years the reign of Canute. * Thorpe, Ancient Laws, vol. i. p. 462. * Ibid., p. 467. CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 305 title prefixed to them, which, if properly so applied, tends still further to stamp the collection just mentioned as spurious, viz. — * These are the laws and customs which King William, after his conquest of England, granted to be observed by all the people of the English, being the same which his prede- cessor and kinsman. King Edward, observed in the realm of the English.' These laws, of which there seems no reason to doubt the authenticity (most of them taken from those of Canute and earlier kings), are different from the preceding. They contain no ecclesiastical matter, except one article,^ repeat- ing with some variation that law of Canute which imposed graduated penalties for the violation of the privileges of churches, according to their rank \ and another,^ for the payment of Peter's pence. The former makes the forfeiture, if the church violated is a cathedral, or a monastery, or other religious house {cenobium vel qucecunque reltgiosoi'um ecclesid)^ 100 shillings {solidos) ; if *a mother parish church' (^matrix ecclesia parochialis\ 20 shiUings ; if a chapel, 10 shillings. The ' mother parish church ' must here be one of lower degree than cathedrals and monastic or conventual churches. It can only be the church, with a burial-ground, of Edgar's laws ; and the title assigned to it (from its relation, presumably, to chapels which might be dependent upon it) marks the progress of tlie parochial system. That we have here really those ' laws of the Confessor,' which William confirmed (as the title says), is rendered probable by a later statute^ of his own, containing this clause : * ^ Art. I (Thorpe, Ancient Laws, vol. 1. p. 467), 2 Alt. 17 [ibid., p. 475). 3 jiyij^^ pp^ 491-494. ^ Ibid., p. 493. X 3o6 ANCIENT FACTS AND FICTIONS part ii * This also we enjoin, that all men hold and observe in all things the laws of King Edward, with these additions which we have ordained for the benefit of the English.' In addition to these laws, William, by his well-known charter of jurisdiction ^ (probably in the year a.d. 1072), separated the ecclesiastical from the civil courts ; and required all spiritual causes to be thenceforth brought before the bishop or his officials only. § 6. Laws ascribed to Henry I, Into a criticism of the compilation called ' The Laws of Henry the First,' ^ or into the proof that it does not, and cannot, represent any body of Anglo-Saxon laws enacted or confirmed by Henry I., it would be superfluous to enter; as this has been adequately done by the late learned Dr. Allen, in his * Notes,' ^ appended to it in Mr. Thorpe's Ancient Laws. The clauses * of its seventh chapter, provid- ing that in the county courts ' the causes Christian ' should be first heard, then the pleas of the Crown, and last, civil actions ; and of the thirty-first chapter, that * there ought to be present in the county court, the bishops, counts, and other high officers, who should after just consideration determine God's laws and secular affairs' {interesse comi- tatui debent episcopi^ comites^ et cetercB potestates, quce Dei leges et sceculi negotia justa consideratione diffiniant), — are evident anachronisms, bringing back the mixed ecclesias- tical and civil jurisdiction of Edgar and Canute, and ignor- ing the Conqueror's charter. ^ Thorpe, Aiuient Laws, vol. i. p. 495 (see Defence of the Churchy etc., 3d ed., p. II, and note, ibid.) ^ Ibid., pp. 497-608. ' Ibid., pp. 609-631 (and see Mr. Thorpe's preface, p. xviii.) ^ Ch. 7, § 3, and ch. 31, § 3 {ibid., pp. 514, 534). CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 307 In the eleventh ^ chapter of this digest of laws and rules of procedure and forensic practice (for that is its real char- acter), the compulsory provisions of the laws of Edgar and Canute, for taking tithes by civil process, and forfeiting eight-tenths of the gross produce of the land against which that remedy might be put in force, half to the lord, and half to the bishop, are exactly repeated. In its clauses which relate to offences ^ by the clergy, and their privileges ^ (of which there are several), I find nothing which throws any light upon the development of the paro- chial system. § 7. Endowments of pans h churches with Tithes. The course of our inquiry has brought us down to the twelfth century without elucidating, any further than was done by the laws of Edgar and Canute, the origin of those endowments of modern parish churches (not appropriated to monasteries) with tithes, which by the end of that century had become so general, as to establish in church law — followed and allowed by the temporal law — a general presumption, that every parish church, in the absence of proof to the contrary, was endowed with its own tithes. There was certainly no such general appropriation of tithes to parish churches made by any law ever enacted in Eng- land : for the laws of Edgar and Canute, which made the nearest approach to such an enactment, gave to certain churches on private estates, and in private patronage, one- third only of the local tithes. The question is, how did that third pass into the whole ? There is not, as far as I know, so much even as a canon of any council, or a decree ^ Ch. II, § 2 (Thorpe, Ancient Laws, vol. i. p. 520). 2 Ch. 64, 73 {ibid., pp. 566, 567, 578). 3 Ch. 66 {ibid., p. 569). 3o8 ANCIENT FACTS AND FICTIONS part ii of any Pope, in the nature of a legislative act, enlarging the right, or appropriating tithes generally to parish churches, in England or elsewhere. The explanation of Selden,^ and of most English common lawyers,^ has been, that until the third Council of Lateran (a.d. 1179-80), the lords or owners of the lands from which prsedial tithes arose might dispose of them as they pleased, provided that they did so, in one way or other, for ecclesiastical purposes; and that, out of this power, all the endowments, both of monasteries and of parish churches, with tithes, which took place between the tenth and the thirteenth centuries, arose. Selden styled those endowments ''arbitrary consecrations^ Ecclesiastical controversialists of his day, and for some time afterwards, to whom such a view of the facts seemed repugnant to that doctrine of the divine right of tithes, which (with or without modification) they generally maintained, assailed it with vehemence. Dean Comber^ called it Mr. Selden's 'new device of arbitrary consecrations.' Dean Prideaux* (who arrived at the same point by reliance on divine precedent, rather than divine commandment) called it Mr. Selden's * wild chimera,' ' wild conceit,' and by other hard names. Bishop Kennett's language was at least equally strong.^ As, however, the institution of parishes and parish priests was not coeval either with the foundation of the Church, in England or elsewhere, or with the practice of paying tithes to the Church, the general parochial right is a thing 1 Hist, of Tithes, ch. 7, § i, and ch. 11, § i (ed. 1618, pp. 142, 297). 2 Blackstone's Commentaries, vol. i. p. 112; Cruise's Digest^ tit. xxii. ; Tithes, § 53 ; and see Coke, ind Institute, p. 641. ^ An Historical Vindication of the Divine Right of Tithes ^ by Thos. Comber, D.D. (1682), p. 104. * Original and Right of Tithes^ published a.d. 1707 (2nd ed. 1736, pp. 138-192). * See Appendix J. CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 309 to be historically accounted for ; no theory of divine right, or inference from divine precedent, could be sufficient to account for it. Selden may have been the author of the phrase ' arbitrary co?isecration '/ but the view of historical facts which he used it to describe was no ' new device,' no ' chimera,' or * conceit ' of his. That laymen did in fact, upon the continent of Europe, make many ' arbitrary ' appropriations of tithes, some to religious houses, some to themselves and other laymen, is proved by the protests and denunciations of Popes and other ecclesiastical authorities who disapproved of it ; and that, until the third Lateran Council, those protests and denunciations were ineffectual to set aside or nullify what was so done, is equally clear; because Pope Urban 11.,^ while making a decree against the future creation of new titles of the same kind without the bishop's consent, found it necessary, * for the sake of peace, and to avoid scandal,' to confirm all such titles previously acquired, whether from clerks or monks, or from other persons. If the Church of Rome said of those 'arbitrary' appropriations, ''fieri non debent^ she found herself compelled also to say of them, ^ facta valenV The authorities, in this country, for the proposition of fact (as to the period before the third Lateran Council), on which the views of Selden and those who followed him rest, are too ancient, and of too much weight, to be set aside by merely imputing ignorance of ecclesiastical matters to common lawyers. I may mention some of them. T. In the Chronicle of Battel Abbey? which extends from the foundation of that abbey in a.d. 1066 to a.d. 1 Ante^ p. 67. 2 Chronicle of Battel Abbey from 1066 to 1176 (transl. by M. A. Lower, London 1851), p. 21. 310 ANCIENT FACTS AND FICTIONS part ii 1 1 7 6, and was written by an abbot or monk of that house about the time of the latest entries in it, there is this statement : * As it was permitted up to that time {i.e. the time of the Conquest, when the abbey was founded), for every one to pay his tithes where ^ or to whomsoever he would, many of those who resided in the neighbourhood assigned theirs to the abbey in perpetuity; and these, being confirmed by episcopal authority, remain payable to the abbey until this day.' 2. Two writs of prohibition from the king's court to ecclesiastical courts (in cases involving, not the subtraction of tithes, but the title to them), are cited by Selden, one of the reign of King John, or Henry III.,^ the other of A.D. 1279, the seventh year of King Edward I.^ In both these (judicial forms of that time) it is averred, that, 'in certain of our demesnes, we' (the king) 'have power to grant such tithes, and in like manner many of the great men of our kingdom in their demesnes.^ It is no objection to the authority of those writs, as evidence of early practice, that they were issued after the third Lateran Council. The old forms continued to be used, though new grants of the same kind might be no longer possible. 3. Sir Robert Parnynge,^ Chief Justice in a.d. 1340 (afterwards Lord Treasurer and Chancellor), said from the bench in a.d. 1333 or 1334, that 'anciently, before a new constitution made by the Pope, a patron of a church might grant the tithes within that parish to another parish.' 1 Hist, of Tithes, ch. 11, § 2 (ed. 1618), pp. 353-356. Cited from Fitzherbert's Natura Brevium, 40 N. ^ Ibid., p. 357. Cited from a Cottonian manuscript. 8 Year Book, 7 Edw. III., fol. 5, pi. 8. (See Selden, Ibid., p. 292.) CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 311 4. In A.D. 137 1, Ludlow/ one of King Edward III.'s Judges of Assize, also said, 'Anciently every man might grant the tithes of his land to any church that he pleased.' 5. Lyndwode, the famous English Canonist, who was Official Principal of the Provincial Court of Canterbury under Henry VL, and afterwards Bishop of St. David's, said in his '■ Provinciale, ^ that before the Lateran Council of A,D. 1 1 79, a layman might obtain from a church entitled to tithes a grant of them, to be held by himself feudally, and might either retain them or grant them, with the con- sent of the bishop, to any other monastery or church. I raise no question as to the qualifications expressed in this passage : I refer to it only for the light which it throws on some of the ways in which parish churches might come to be endowed with tithes. One entire chapter ^ of Selden's History of Tithes is occupied with a series of extracts from the chartularies of Abingdon, Osney, Guisborough, Rochester, Reading, Can- terbury (St. Augustin's), Crowland, Tynemouth, Boxgrove, St. Neot's, St. Leonard's (Yorkshire), Battle, Lewes, Eye, Pershore, and other abbeys and priories, which prove con- clusively that lay benefactors often granted the praedial tithes of their lands (apart from and without any appropria- tion of churches), in the eleventh and twelfth centuries, to those religious houses. If they could do that, they might with equal right and reason endow parish churches on their own estates with the praedial tithes of their lands within the parishes; and the probability was that they would do so. No more likely explanation of the general prevalence of 1 Year Book, 44 Edw. III., fol. 5, pi. 22. (See Selden, Hist, of Tithes, p. 292, ed. 16 18.) 2 Title, '' De locate et conducto: {Ibid., ch. 13, § i, ed. 16 18, p. 4030 ^ Ch. II. 312 ANCIENT FACTS AND FICTIONS fart ii such parochial endowments (where churches were not appro- priated to monasteries) has yet been suggested. Dean Comber ^ and others, who disputed Selden's views, suggested that all those lay grants of tithes to monasteries had episcopal confirmation. This (if subsequent ratifica- tion and confirmation only were meant) may generally — perhaps in all cases — have been true; ^although there is no proof that the confirmation was always simultaneous with the grant ; on the contrary, it may be inferred, both from the terms of the confirmatory charters, and from what is known of the history of monastic titles to tithes upon the continent of Europe, that it was often otherwise. But, so far as parochial endowments with tithes are concerned, it is not necessary for their explanation to suppose them to have been 'arbitrary,' in such a sense as to exclude the consent of the bishop, or (if the effect was to transfer the title to all, or to two-thirds, of the tithes from a religious house to a parish church) the consent of the religious corporation which ought, otherwise, to have received the tithes. Whenever the endowment with tithes took place (as in by far the greater number of parish churches erected after King Edgar's time it probably did), at the time, and as part of the solemnities, of consecration, the bishop's consent must necessarily have been 'given. And it is not too much to presume that, whenever a powerful landowner desired to enlarge the right of a manorial parish church on his land from the one-third of tithes conceded to it by King Edgar's laws to the whole, and to change it (in effect) from a vicarage into a rectory, 1 Comber's Divine Kight of Tithes (1682), cb. il, p. 200. 2 It was the habit of the religious houses to obtain, whenever they could, and from the heirs of lay founders or benefactors as well as from ecclesiastical authorities, charters of confirmation, not as to tithes only, but also as to lands. CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 313 he might be able, by influence or by gifts, to obtain from the 'older minster' — the bishop concurring — a relinquish- ment of its claim. It must be remembered, as to new churches, that the erection, consecration, and endowment of every one of them (the endowment being, as a rule, simultaneous with the consecration) was a distinct and separate act in each particular case. Dean Prideaux ^ asked : * Had the right of tithes here grown up from such arbitrary consecrations as Mr. Selden asserts, why among all his instances doth he not bring so much as one, of such a con- secration of tithes in a parish made to the parish church ? Is it likely that those who had such tithes in their power arbi- trarily to consecrate should give them all from their parish church, and none to it ? ' And he added, ' It seems most likely that their first inclination should be to their own church, where they attended divine service, and received the sacra- ments. And therefore, had the civil right of tithes come this way into the church, there must have been some instances of the consecration of them to the parish church, where they arose, as well as to other churches out of the parish ; and would Mr. Selden have brought but one such instance, it would have made more for his purpose than all the rest put together. And certainly such he would have brought, were there any such to be found ; and since there can none such be found, it is a sufficient proof that there were never any such, but that all parochial tithes were from the time of King Ethelwulf due of common right to the parish church.' Of King Ethelwulf, and his supposed grant of tithes, enough has been said elsewhere. Upon Selden's word ' arbitrary ' (if it is assumed to mean that all grants of tithes made by laymen were against or without the bishop's con- sent), I lay no stress for the present purpose. But Dean Prideaux was under the impression that the local tithes ^ Original and Right of Tithes (ed. 1736), p. 195. 314 ANCIENT FACTS AND FICTIONS part ii were appropriated to parish churches by some general law, and not by express and particular endowments, at the times of their consecration, or otherwise. In this he was certainly mistaken. The deeds of consecration and endowment of ancient parish churches have not often been preserved; but instances enough remain to prove what the course of practice was, although Selden may not have cited them. The practice of the Gallican Churches in this respect is likely (at least after the middle of the tenth century) to have been known and followed here. Among the * Forms ' of Marculfus, there is one ^ which exemplifies the practice of the Gallican Church, at the beginning of the ninth century, as to churches founded and endowed by bishops. It is a deed of consecration and endowment of a church at Cadillac, in the south of France, made with the consent of the episcopal chapter. It recites that the Bishop had built the church, and had appointed it to be the church of certain specified .townships, to which the inhabitants of those town- ships were to go for masses, baptism, and preaching, and that they should pay their tithes to that church ; and he at the same time endowed it with a manse, and with part of a vineyard, and certain arable land. Of consecration deeds in this country, in which the endowment of the churches consecrated by lay founders is recorded, one example was made public in Sir William Dugdale's History of Warwickshire,^ and another by Bishop Kennett, in the Appendix to his Case of Impropriations.^ ^ Form II (Baluze, Capit. Reg. Franc. ^ vol. ii. p. 442). ^ Hist, of Warwickshire (1656), p. 630. ^ Case of Impropriations, etc. (1704), Appendix, p. 34 ; also in Cartularium Prioratus S. fohannis Evangelistce de Brecon (London 1884). Both these charters are translated in an Appendix to Defence of the Churchy etc. (3rd ed.) pp. 357-360; where the later history of the Church of Hay is also stated. CHAP. X SETTLEMENT OF PAROCHIAL SYSTEM 315 Both instances belong to the first half of the twelfth century; one to the diocese of Worcester, the other to that of St. David's. The consecrating bishop in the one case was Simon, Bishop of Worcester from a.d. 1125 to 1151; the church was that of Exhall in Warwickshire. By that deed, the bishop confirmed the endowment {donationem) made to the church on the day of its consecration, by lay benefactors, there named: the endowments being certain quantities of land, with all the donors' tithes of every kind {cum declmls suls plenarlls\ freed and acquitted from all secular service. In the other case, the consecration was by Bernard, the first Norman Bishop of St. David's; and the deed, being attested by a witness described as 'clerk of King Henry,' must have been executed before the death of Henry I., in A.D. 1 135. The church consecrated in that case was for the parish of Hay, in Brecknockshire ; and the deed witnesses, that at the time of its consecration the lay founder (who is named), with the permission of his superior lord (also named, and then present) 'gave and granted in perpetual alms, for the endowment (do tern) of the said church,' certain lands therein particularly described : 'Also, he gave to the said church all the tithes of all his land of Hay, in all things, and of all his tenants of the fee of Hay ; and, to prevent question, he expressly gave and granted the tithes, to wit, of corn and hay, of colts and calves, of lambs and pigs, of wool and cheese, of coppice-wood, and of Welsh revenue, and of passage and pleas.' There cannot be any reason to suppose that these ^ were exceptional cases : the forms are strong evidence that they were examples of a practice general on consecrations of new ^ See posty Appendix H, for the Latin text of the three charters here referred to. 3i6 ANCIENT FACTS AND FICTIONS part ii parish churches after the parochial system had begun to be estabhshed. How many more such deeds may have been preserved, I do not know; the preservation of these \\^s due to the accident, that they passed into monastic hands. If they stood alone, they would give, as it seems to me, a sufficient and satisfactory answer to Dean Prideaux's challenge; justifying the conclusion, otherwise reasonable and probable, that it was by means of express and particular grants of this kind, that each parish church, as it was founded and consecrated (after King Edgar's time), obtained a title to the parochial tithes, when the landowner (whether lay or ecclesiastical) and the bishop were agreed in desiring that such an endowment should be made. The inferences derived from these documents receive confirmation from other extant deeds of various kinds; such as endowments of Collegiate Churches with tithes by their Founders at the time of their Foundation ; -^ endow- ments of canonries in Cathedral Churches with tithes, by landowners claiming the right to appropriate them as they pleased ; ^ and grants of tithes to existing parish churches or chapelries, — sometimes original and independent,^ some- times by way of settlement of controversies.* Recent research has brought some of these to light ; and I entertain no doubt, that more evidence, direct and indirect, to the same effect, may be found, by those who will take the trouble of carefully examining them, in public, cathedral, and college libraries, and private collections, in which chartularies, title-deeds, and other manuscripts of ancient ecclesiastical foundations are preserved. ^ See Appendix J. ^ Appendix I, No. 4. s Ibid., No. 3. * Ibid., Nos. i, 2. APPENDIX A (see pp. 37-40) ' CAPITULARE EPISCOPORUM ' N.B. — The first column exhibits the Andain text, as printed by Martene and Durand ; some printer's errors {e.g. nomina- tive forms instead of the contracted accusative) being corrected. The second column exhibits the Metz text, as printed by Sirmondi and Baluze. At the foot is a collation of the Metz text, with the Vatican MS. {Codd. Palatini Latini, No. 182), and of the Andain text, with three ' Egbertine ' compilations, viz. (B) the Bodleian ' Penitential ' ; (C) the Worcester ' Excerptions,' in the library of Corpus Christi College, Cambridge ; and (N) the later Worcester ' Excerptions,' Nero A. i of the Cottonian collection in the British Museum. Andain Text. Metz Text. *Capitulare Episcoporum.'2 Hsec sunt Capitula ex divinarum Hsec sunt Capitula ex divinarum Scripturarum scripta, quse electi Scripturarum scriptis, quae electi Sacerdotes custodienda atque ad- Sacerdotes custodienda atque ad- implenda censuerunt. implenda censuerunt. Incipiunt Capitula. I. Ut unusquisque sacerdos i. Ut sacerdotes assidue orent pro ecclesiam suam cum omni dili- Domno Imperatore.^ gentia aedificet et relliquias sanct- ut cuncti sacerdotes precibus orum cum summo studio vigiharum ^^^j^^i^ ^^^^ ^^ ^^ -^ ^^^^^ noctis et divmisi officus conservet. j^peratoris et filiorum ac filiarum salute orent. 1 Diurnis, C. and N, 2 ^ot in Vat. 582. * This, and all the following sub-titles, are omitted in Vat. 582 ; which has rubrical numbers only. 3i8 APPENDIX A Andain Text. 2. Ut omnes sacerdotes horis competentibus diei et noctis suarum sonent ecclesiarum signa et sacra tunc Deo^ celebrent officia, et populos erudiant quomodo aut quibus Deus adorandus est horis. 3. Ut omnibus festis diebus et ^ dominicis unusquisque sacerdos evangelium Christi populo prae- dicet.^ 4. Ut unusquisque sacerdos cunctos sibi pertinentes erudiat ut sciant qualiter decimas totius facultatis ecclesiis divinis debite offerant. 5. Ut ipsi sacerdotes populi* suscipiant decimas et nomina eorum et^ quaecunque* dederint scripta habeant et secundum autoritatem canonicam coram testibus^ dividant et ad oma- mentum ecclesiae primam eligant partem secundam autem ad usum pauperum adque peregrinorum per eoinim manus misericorditer cum omni humilitate dispensant^ ter- tiam vero partem sibimetipsis soli^ sacerdotes reservant.^'* 6. Ut unusquisque sacerdos orationem dominicam et symbolum populo sibi commisso curiose in- sinuent ^^ ac totius religionis studium et Cliristianitatis cultum eorum mentibus ostendant.12 Metz Text. 2. Ut orent pro episcopo stio. Ut unusquisque sacerdos quo- tidianis^^ adsistat orationibus pro pontifice cujus gubernatur regi- mine. 3. De cu7-a ecclesicB et sacrarum relliqiiiarum. Ut unusquisque sacerdos eccle- siam suam cum omni diligentia sedificet et relliquias sanctorum cum summo studio vigil iarum noctis et diurnis officiis conservet. 4. Ut evangelium Christi populo prcedicent. Ut omnibus festis et diebus do- minicis unusquisque sacerdos evan- gelium Christi populo prsedicet. 5 . Qucznam populo praciptu insinuanda sint. Ut unusquisque sacerdos orati- onem dominicam et symbolum populo sibi commisso curiose in- sinuet ac totius religionis studium et Christianitatis cultum eorum mentibus ostendat. 6. De decimis a populo dandis. Ut unusquisque sacerdos cunctos sibi pertinentes erudiat ut sciant qualiter decimas totius facultatis ecclesiis divinis debite offerant. 2 Festis et diebus, B, C. 4 A populis, B. C. N. N. 1 Domino, C. and N. » PrcBdicet populo, B. C. N. ^ Et omitted, B. C. N. ^ Quicunque, B. C. N. 7 Timentibus, B. ; timtib, C. ; TIMTIBS, N. ^ Dispensent, B. C. N. » Soli omitted, B. C. N. 1° Reservent, B. C. N. " Insinuet, B. C. N. ^^ Ostendat, B. C. N. " Cotidianis, Vat. 582. APPENDIX A 319 Andain Text. 7. Ut cuncti sacerdotes preci- bus assiduis pro vita et imperio domni Imperatoris et filiorutn ac filiarum salute orent. 8. Ut unusquisque sacerdos quotidianis adsistat orationibus pro pontifice cujus gubernatur regimine. 9. Ut nullus sacerdos in domi- bus vel aliis locis nisi in ecclesiis Deo^ dicatis^ celebrare missas audeat. 10. Ut cunctis' sacerdotibus jus et tempus baptismatis tem- poribus congruis secundum canoni- cam institutionem cautissime observ'etur. II. Ut omnes sacerdotes qui- buscunque horis omnibus indigen- tibus baptismum infirmitatis causa diligentissime tribuant. Metz Text. 7. Quomodo dividends sint decimcz. Ut * ipsi sacerdotes populi sus- cipiant decimas et nomina eorum quicunque dederint scripta habe- ant et secundum autoritatem ^ can- onicam coram testibus dividant et ad ornamentum eccleslae primam eligant partem secundam autem ad usum pauperum vel ^ peregrin- orum per eorum manus misericor- diter cum omni humilitate dispen- sent tertiam vero partem semet- ipsis soli sacerdotes reservent. 8. Ut officia divhia competentibus horis non prcetermittant. Ut omnes sacerdotes horis com- petentibus diei et noctis^ sonent signa ecclesiarum ^ et sacrata Deo celebrent officia et populos erudiant quomodo aut quibus Deus adoran- dus est horis. 9. Ut missas extra ecdesiam non celebrent. Ut nullus sacerdos in domibus veP aliis locis nisi in ecclesiis dedicatis celebrare missas audeat, 10. Ut congrua tempora baptismi serventur. Ut a cunctis sacerdotibus jus et tempus baptismatis temporibus con- gruis secundum canonicam institu- tionem cautissime observetur. II. Ut infirmi quolibet tetnpore baptizentur. Ut omnes sacerdotes quibus- cunque horis omnibus indigentibus baptismum infirmitatis causa dili- gentissime tribuant. 1 Deo omitted in B. C. N. 2 Dedicatis, B. C. N. ^ A cunctis, B. C. 4 Ut et ipsi. Vat. 582. ^ Auctoritatem, Vat. 582. 6 Atque (not vel), Vat. 582. ^ Suarum (after noctis), Vat. 582. 8 Ecclesiarum signa, Vat. 582. ^ In (after vel), Vat. 582. 320 APPENDIX A Andain Text. 12. Ut nullus presbyter sacrum officium sive baptismale sacramen- tum aut aliquid bonorum ^ spiri- talium pro aliquo precio vendere praesumat ne vendentes et ementes in templo columbas imitentur ut pro 2 his quae ^ adepti sunt gratia divina* non pretia concupiscant terrena sed solum ^ regni coelestis gloriam promereantur accipere. 13. Ut nullus presbyter a sede propria ^ sanctse ecclesise sub cujus titulo ordinatus fuit ammonitionis causa ad alienam pergat ecclesiam sed in ^ eadem ^ devotus usque ad vitae permaneat exitum. Metz Text. 1 2. Ut pro baptismo et aliis spiritu- alibus pretium non exigant. Ut nullus presbyter sacrum officium sive baptismale ^^ sacra- raentum aut aliquid bonorum ^^ spiritualium 1* pro aliquo pretio vendere praesumat ne vendentes et ementes in templo columbas imi- tentur ut pro his qui adepti sunt gratiam divinam non pretia concupi- scant terrena sed solum regni caeles- tis^^ gloriam promereantur accipere. 13. Ut in qua ordinati sunt ecclesia permaneant. Ut nullus presbyter a sede pro- pria sanctge ecclesise sub cujus titulo ordinatus fuit ambitionis causa ad alienam pergat ecclesiam sed in eadem devotus usque ad vitse per- maneat exitum. 14. Ut nullus ex sacerdotum numero ebrietatis vitium nutriet^ nee alios cogat per suam jussionem inebriari. 14. Ut ebrietaiein in se el in aliis caveant. Ut nullus ex sacerdotum numero ebrietatis vitium nutriat nee alios cogat per suam jussionem inebriari. 15. Ut nullus sacerdos extra- 15- Ut ciun extraneis niulia-ibtis nearum mulierum habeat familiari- i^on habitent. tatem nee in sua domu in qua ut nullus sacerdos extranearum ipse habitat nullami<> mulierem mulierum habeat familiaritatem nunquam " permittat habitare. nee in sua domo in qua ipse habitat ullam mulierem unquam permittat habitare. 1 Donoritm, B. C, N, ^ /j/^^ (omitting his), C. ^ Qui, C. * Gratiam divinam, C. ; per gratiam divinam, B. N. 5 Solam, B. C. N. « Propria is omitted in N. 7 For in ead^m, C. and N. have ibidem. 8 Ea, B. 9 Nutriat, C. N. w Ullam, B. C. N. " Unquam, B. C. N. 12 Baptismatis, Vat. 582. ^^ Donorum, Vat. 582. 1^ Spiritalium, Vat. 582. i" Celestis, Vat. 582. APPENDIX A 321 Andain Text. 16. Nulli^ sacerdotum liceat fide-jussorem esse neque derelicta propria lege ad ssecularia judicia accedere presumat.^ 17. Nemo^ ex sacerdotum nu- mero* arma pugnantium unquam portet nee litem contra proximum ullam excitet. 18. Ut nullus presbyter edendi aut bibendi causa ingrediatur^ in tabernis. Metz Text. 16. Ut fidejussores non sint et scecularia judicia non adeant. Nulli sacerdotum liceat fide- jussorem esse neque derelicta propria lege ad secularia judicia accedere praesumat. 17. De possessione triginta an- noruni. Ut qui possessionem ecclesise vel parrochiam per triginta "^ annos sinealicujus interpellatione tenuerit jure perpetuo possideat Si vero inde crebro repetitum fuerit fiat diligens inquisitio Et si eam^ qui repetit juste quserere potuisset^ adhibitis veracibus et nobilibus testibus quod repetit confirmando vindicet. 1 8. Ut arma non gerant nee lites vioverint. Nemo ex sacerdotum numero arma pugnantium umquam portet nee litem contra proximum ullam excitet. 19. Ut nullus sacerdosquicquam cum juramento juret sed sim- pliciter cum puritate et veritate omnia dicat. 20. Ut cuncti sacerdotes omni- bus illis confitentibus eorumcrimina dignam psenitentiam cum summa vlgilantia ipsis indicant ^ et omni- bus infirmis ante exitum vitse viaticum et communionem Corporis Christi misericorditer tribuant. 19. Ut tabenias non ingrediantur. Ut nullus presbyterorum edendi aut bibendi causa ingrediatur in tabernas. 20. Ut a juramento abstineant. Ut nullus sacerdos quicquam cum juramento juret sed simpliciter cum puritate et veritate omnia dicat. 1 Ut nulli, N. ' Ut nemo, N. 5 Gradiatur, B. C. N. 7 xxx*''. Vat. 582. 2 PrcBsumat omitted in B. N. * Sacerdotum ex rm?nero, B. C. N. « Indicent, B. N. ; judicent, C. 8 Eum, Vat. 582. » Patuerit, Vat. 582. 322 APPENDIX A Andain Text. 21. Ut secundum diffinitionem sanctorum patrum siquis infirmatur a sacerdotibus oleo sanctificato cum orationibus diligenter un- guatur. 22. De nonis et decimis?- Volumus atque jubemus ut de omni conlaboratu et de vino et feno fideliter et pleniter ab omnibus nona et decima persolvatur De nutrimine vero pro decima sicut hactenus consuetudo fuit ab omnibus observetur Siquis tamen episcopoiTim fuerit qui argentum pro hoc accipere velit in sua maneat potestate. 23. De antiquis ecclesiis ut non rem suam kabeant.^ Ut nee decimis nee aliis pos- sessionibus priventur ita ut oratoriis tribuatur. 24. De spiritalibiis filiolis.^ Deinde praecipimus ut unus- quisque compater vel proximi spiritales filios suos catholice instruant. 25. De sacerdotibus.^ Ut juxta Apostolicam vocem irreprehensibiles sint et moribus ornati et nequaquam turpibus Metz Text. 21. Ut pcenitentiam confitentibiis et viaticum infirmis tribuant. Ut cuncti sacerdotes omnibus illis confitentibus eorum crimina dignam paenitentiam cum summa vigilantia ipsis indicent*et omnibus infirmis ante exitum vitae viaticum et communionem Corporis Christi misericorditer tribuant. 22. De unctione infirmorum. U t secundum diffinitionem ^ sanc- torum patrum siquis infirmatur a sacerdotibus oleo sanctificato cum orationibus diligenter unguatur. \The Metz text ends here.\ 1 Not in B. C. or N. 2 Not in B. or C. Article 24 of N, is, ' Ut ecclesice antiquitus consti- tutcB nee decimis nee alia ulla possessione priventur, ita ut novis oratoriis tribuantur. ' ' None of these are in B. C. or N. * Judicent, Vat. 582. ^ Definitionem, Vat. 582. APPENDIX A 323 Andain Laws. Incris deserviant juxta illud quod est scriptum, Nemo militans Deo implicet se negotiis scecularibus ut ei placeat cui se probavit: Et a turpibus lucris et usuris non solum ipsi abstineant varum etiam plebes sibi subditas abstinere instruant. 26. De incestuosis^ Ut incestuosi juxta canonicam sententiam paenitentia multentur Qui vero decimas post crebras adraonitiones et praedicationes sacerdotum dare neglexerint ex- communicen^ur Juramento vero eos constringi nolumus. 27. De discretione in Corporis et Sanguinis Domini perceptions ^ Cavendum est enim ne si nimium in longum differatur ad Andain Law^s. pemiciem animse pertineat; dicente Domino, Nisi manducaveritis car- nemfilii hominis et biberitis ejus sanguinem non habebitis vitam in vobis. Si vero indiscrete accipia- tur timendum est illud quod ait Apostolus ; Qui manducat et bibit indigne judicium sibi manducat et bibit. Juxta ergo Apostoli documentum probare se debet homo et sic de pane illo mandu- care et de calice bibere, ut videlicet abstinens se aliquot diebus ab operibus camis, et purificans corpus animamque suam, praeparet se ad percipiendum tantum sacra- mentum ; exemplo David, qui nisi se confessus fuisset abstinuisse se ab opere conjugali ab heri et nudius tertius nequaquam panes propositionis a sacerdote accepis- set. 1 Not in B., C, orN. APPENDIX B (see pp. 154, 155) Comparison of corresponding passages in Archbishop Odo's Injunctions and the Legatine Injunctions of A.D. 785-787. [N.B. — The text of Odo's Injunctions is from Spelman's Concilia, vol. i. p. 415; that of the Legatine Injunctions from the ' Magdeburg Centuries.'] Odo's Injunctions. Article 2. Ammonemus Regem et Prin- cipes et omnes qui in potestate sunt, ut cum magna humilitate suis Archiepiscopis omnibus que aliis Episcopis obediant ; quia illis claves regni cselorum datse sunt, et habent potestatem ligandi atque solvendi. . . . Habeatque Rex prudentes con- siliarios Deum timentes super regni negotia ; ut populus, bonis exemplis Regis et Principum eru- ditus, proficiat in laudem et glo- riam Dei. Article 3. Ammonendi sunt Episcopi, . . . ut suas parrochias omni anno cum summa diligentia praedicantes ver- bum Dei circumeant, ne aliquis per incuriam pastoris per devia cujus- libet ignorantise errans lupinis pateat morsibus lacerandus. Ne quis turpis lucri gratia, sed spe Legatine Injunctions. Article 11. Ita quoque Reges et Principes admonuimus, ut obediant ex corde cum magna humilitate suis Epis- copis ; quia illis claves caeli datae sunt, et habent potestatem ligandi atque solvendi. . . . Habeantque Reges consiliarios prudentes, Dominum timentes, moribus honestos, ut populus, bonis exemplis Regum et Princip- um eruditus et confortatus, pro- ficiat in laudem et gloriam Omni- potentis Dei. Article 3. Unusquisque Episcopus paro- chiam suam omni anno circumeat ; diligenter conventicula per loca congrua constituendo, quo cuncti convenire possint ad audiendum Verbum Dei ; ne aliquis per in- curiam pastoris per devia cujus- libet ignorantiae errans, rugientis APPENDIX B 325 Odo's Injunctions. mercedis seternge, gregem sibi com- missum pascere studeat. Quod enim gratis excepimus, gratis im- pendere non differamus ; absque ullo timore vel adulatione cum omni fiducia verbum veritatis prse- dicare Regi, Principibus populi sui, omnibus dignitatibus ; et nun- quam veritatem subterfugere, ne- minem injuste damnare, neminem nisi juste communicare, omnibus viam salutis demonstrare. Article 7. Interdicimus omnibus Christi- anis injusta connubia et incsestuosa, tam cum monialibus vel cognatis, vel cum aliis illicitis personis. Nos quippe eandem Apostolicam auctoritatem sequentes, simili modo jaculum maledictionis tali- bus imponimus, nisi correptus a tam nefanda praesumptione ad satis- factionem perveniat. Article 8. ... Sit Concordia ubique et unanimitas inter Episcopos et Principes omnemque populum Christianum ; ut sit unitas ubique Ecclesiarum Dei et pax j immo una sit Ecclesia fide, spe, et charitate ; unum habens Caput quod est Christus ; cujus membra se invicem adjuvare, mutuaque Legatine Injunctions. leonis morsibus invadatur. . . . Et ne quis turpis lucri gratia, sed spe mercedis seternse, gregem sibi com- missum pascere quserat ; et quod gratis accepit, omnibus gratis prae- stare studeat. . . . Article 11. . . . Autoritate Divina fiduci- aliter et veraciter, absque ullo timore vel adulatione loqui verbum Dei Regibus, Principibus, omni- busque dignitatibus ; nunquam veritatem subterfiigere ; nulli par- cere ; neminem injuste damnare ; neminem sine causa excommuni- care ; omnibus viam salutis, tam verbis quam exemplis, demon- strare. Article 15. Interdicuntur omnibus injusta connubia et incsestuosa, tam cum ancillis Dei vel aliis illicitis per- sonis, quam cum propinquis et consanguineis, vel alienigenis ux- oribus : et omnino anathematis mucrone perfoditur qui talia agit, nisi correctus resipiscat a tam ne- fanda prsesumptione, et suo Epis- copo obtemperans seipsmn ad sequitatis normam corrigat et re- vocet. Article 14. Sit Concordia ubique, et unani- mitas inter Reges et Episcopos, ecclesiasticos et laicos, omnemque populum Christianum ; ut sit unitas ubique Ecclesiarum Dei, et pax in una Ecclesia, in una fide, spe, et charitate peimanens, unum Caput habens, quod est Christus ; cujus membra se invicem 326 APPENDIX B Odo's Injunctions. charitate diligere debeant ; ut Ipse ait : * In hoc cognoscant omnesy et reliqua. Legatine Injunctions. adjuvare, mutuaque charitate dili- gere debeant ; sicut Ipse dixit ; * In hoc cognoscent omnes quia Mei discipuli estiSf si dilectionem habueritis ad invicem.^ Article lo. Decimo capitulo mandamus, et fideliter obsecramus, de decimis dandis, sicut in lege scriptum est : * Dechnam partem ex omnibus frugibus tuis seu primitiis deferas in domum Domini Dei tuiJ* Rur- sum per Prophetam : ^Adferte,'' in- quit, *om?iem decimam in horreum Meum, ut sit cibus in domo Mea; et probate Me super hoc, si non aperuero vobis cataractas coeli, et effudero benedictionem usque ad abundantiam ; et increpabo pro vobis qui comedit et corrumpit fruc- tum terr(Z vestrce; et non erit ultra in ea sterilis.^ Unde et cum obtestatione prsecipimus, ut omnes studeant de omnibus quae possident daredecimas ; quia speciale Domini Dei est ; et de novem partibus sibi vivant, et eleemosynas tribuant. Article 17. . . . De decimis dandis, sicut in Lege scriptum est : * Decimam partem ex omnibus frugibus tuis seu primitiis deferas in domum Domini Dei tuiJ* Rursum per Prophetam : • Adferte,^ inquit, * omnem decimam in horreum Meutn ut sit cibus in dotrio Mea ; et probate Me super hoc, si non aperturo vobis catarcutas coeli, et effudero benedictionem usque ad abundantiam ; et increpabo pro vobis devorantem, qui comedit et corrumpit fructum terrce vestra ; et non erit ultra vinea sterilis in agro ' ; dicit Dominus. . . . Unde etiam cum obtestatione prseci- pimus, ut omnes studeant de omnibus quae possident decimas dare ; quia speciale Domini Dei est : et de novem partibus sibi vivat, et eleemosynas tribuat. . . . APPENDIX C (see pp. 235, 236) Comparison of the Exeter 'Penitential' Volume in THE Bodleian Library, No. 718, with the Vatican (Palatine) Manuscript, No. 1352. The Vatican MS. begins with an address, to a bishop or '.rector' not named, in these words: — * Hsec pauca Beatitude vestra gratifice excipiat, deflorata quae non ex uno uniusque doctoris prato divinae auctoritatis studui decerpere, sed per multorum Patrum florigera rura, mentis et corporis cervice sum- missa, studiose, succin^tim, celeriterque, ut jussio sanctitatis extitit vestrae, curavi, et ex his hos odoriferos, Domino largiente, prout potui flores excerpsi, hancque quadriformem hujus voluminis intexui corono- 1am. Sic in hac prsefatiuncula subsequente vestra sancta dinoscere poterit industria. Ex quibus vero auctoribus aut opusculis ac institutis ista sint excerpta, in margine aut titulis hujus opusculi nomina eorum retinentur adscripta. Obsecro ut, si cui transcribere placet eandem, Patrum omnium si in hac pauperrima excerptione apposita invenerit suis opusculis similiter affigat. Nemo autem in sanctorum Patrum eloquia prsesumptiose reprehendat ; sed potius consideret quae praedicta, et studiose relegat, et opere sicut Dominus dederit studiosius adimpleat. Idcirco ex innumeris divinis constitutionibus ad corrigendos vel instru- endos mores humanos, tam exigua in hoc corpusculo coUegi dicta, quoniam vestra pia paternitas, in parvi spatii temporis curriculo, cursu haec jussit explere velocissimo. Necnon et maxime obstitit mihi, quod codices huic operi necessaries, ubi aliquando ad hoc opus pertinentia repperi testimonia, minime habere potui. Opto paternitatem tuam bene semper valere in Domino.' Then follows the preface to the whole work : — * In nomine Dei summi, Incipit proefatio operis subsequentis. Ex diversis sanctorum Patrum opusculis et institutis, largiente Domino 328 APPENDIX C nostro Jesu Christo, quatuor in hujus voluminis corpusculo excerpti con- tinentur libelli. Prior denique de vita, prsedicatione, ac discretione, necnon et sollicitudine sacerdotis enarrando, brevitatis studio, percurrit. Secundus de niodis paenitentise, levioribus delictis, ac satisfactione eorum. Tertius de mortalibus peccatis, eorumque penitudine ac satis- factione, necnon et de octo principalium viciorum origine et vexatione ac curatione eorum elocutus. Quartus de diversis peccatis ac crimini- bus, eorumque judiciis ac satisfactionibus, ex sacrorum canonum ortho- doxorumque Patrum institutis terminatus. Quisquis igitur indocti Excerptoris hujus percurrens excerpta reppererit deflorata, dignas Domino qui haec dedit referat gratias. Siqua vero minus caute fortasse invenerit excerpta, compassus humana fragilitate Excerptori indulgeat ; et pro cunctis illius commissis apud Piissimum iEternumque Judicem assiduus piissimusque intercessor existat' (Then) : — ' Explicit Praefatio, Incipiunt capitula libri primi.' 1 . De vita sacerdotum, qualis est. 2. De doctrina et exemplis sacerdotum. 3. De exemplis pravorum sacerdotum. 4. De sacerdotibus qui verbo et exemplo subjectos destruunt. 5. De sacerdotibus qui bene docent et male vivunt. 6. Quod nuUi prosit sacerdotium, etiam si bene vivat, si male viventes tacendo non contradicat. 7. Qualis debet esse discretio in praedicatione doctoris. 8. Qualis debet esse ordo atque consideratio praedicationis in ore doctoris. 9. De doctrina et eruditione sacerdotis. 10. Qualiter sacerdos aliqua mala proximi taceat ut dicat. 1 1 . Quanta esse debet diversitas in sermone prsedicatoris. 12. Quanta esse debet discretio in confessione peccatorum. 13. Qui vult confiteri peccata sua, si omnibus debet confiteri et quibuslibet, aut certis, quibusque. 14. Si oportet gesta turpia aut obscena confitentem inverecunde nunciare omnibus, aut certis quibusque, et quibus illis. 15. Ut nullus sacerdoti ac confessori suo malas cogitationes suas occultet sed mox ut ortoe fuerint confiteatur. 16. Qualem debet habere sacerdos discretionem in judicio paeni- tentiae. 17. Qualis debet esse sollicitudo circa poenitentes. 18. Poenitentem ex corde quomodo oportet suscipi. 1 9. Erga eum qui pro peccatis non poenitet quales esse debemus. (Then) : — * Explic. cap. ; Incip. lib. i. de vita sacerdotum.' [The several articles, of which the titles are prefixed as APPENDIX C 329 above, follow. But in the Vatican MS. one sheet, viz., that containing articles 8 to 13 inclusive, is wanting.] (Then) : — * Explic. lib. i., Incip. pfatio lib. ii.' ' Post primum namque libellum, qui de sacerdotis rectorisque omni vita et sermone, necnon et soUicitudine, est utcunque breviter ex variis sanctorum paginis excerptus, secundus hie, opitulante Domino, ex eolundem libris defloratus incipit libellus. De modis videlicet poenitentise, levioribusque excessibus, ac eorum satisfactione. Coepto igitur hujus excerptionis ordine cursim breviterque, ut Auctor lucis seternse monstrare dignabitur, reliqua prosequamur.' (Then) : — * Explic. praefatio. Incipiunt capp.' Then follow the titles of the fifty-five articles or chapters of the Second Book. Down to this point the Bodleian does not follow the Vatican MS. It substitutes Egbert's Penitential, with the interpola- tions and additions mentioned ante (pp. 226-240) ; of which no part is in the Vatican manuscript. From this point, however, the Bodleian MS. follows throughout (with slight variations, 1 the chief of which is the omission of the Vatican lists of titles, preceding the text of the articles or chapters of each book) the text of the Vatican MS., which I proceed to describe. First comes this Rubric 2; — 'Incipit. libellus ^ secundus, ex opusculis et insitutis CathoHcorum Patrum breviter excerptus, quibus modis cuncta per Christum * remittantur peccata,' which is followed by this Preamble : — * Ut enim ^ in expositione sexti psalmi Cassiodorus ait, septem modis peccata nobis dimitti posse Patres sancti dixerunt. Primo, per baptismum. Secundum,^ per passionem martirii. Tertio, per eleemo- sinam. Quarto, per hoc quod remittimus peccata fratribus nostris. Quinto, cum convertit quis peccatorem ab errore viae suae. Sexto, per abundantiam caritatis. Septimo, per poenitentiam. Addenda quoque ex communicatione ^ corporis et sanguinis Domini nostri Jesu Christi, cum tamen suscipitur : — inveniantur ^ et alii fortasse modi remissionum ; 1 In the notes of variations (B) denotes the Bodleian text ; the Vatican text being followed throughout in the body of this Appendix. 2 B. prefixes ' /« nomine sanctce Triniiatis.' ' liber, B. * B. has ' per Christi gratiam, humano generi* ^ Etenim, B. *• Secundo, B. ' est communication B. 8 invenluntur , B. 330 APPENDIX C congruit enim, ut numerum supplicationis nostrse indulgentia divina transcendat. Abhinc latius de eadem re ex opusculis quorundam Patrum.' i After this the text of the fifty-five chapters or articles of the Second Book is given (with their titles) in full ; agreeing (with clerical variations of no importance) in both manuscripts. Then the Rubric : — ' Explic. lib. ii. Incipit. pfatio, lib. iii.' * De mortalibus peccatis ac criminibus eonimque penitudine et satisfactione seu de octo principalium viciorum origine, vexatione, in- diciis, oblectationibus,2 remediisque, necnon et de pugna virtutum contra viciorum impugnationem, et quibus modis, cogitatione, locutione, opere,^ perpetrantur peccata, tertius hie, largiente Domino, ex edictis sanctorum Patrum defloratus,* ut in prologo hujus opusculi prsefati sumus, inchoat libellus. Tuis igitur raeritis precibusque animatus studiosissime. Pater, et si non ut debeo tamen prout potero, Deo favente, prseceptis tuis satisfacere humiliter studebo.' Then Rubric : — * Explicit praefatio, Incip., lib. iii. capp.' Then follow the titles * of eighty-two chapters or articles. Then Rubric : — * Explicit cap. Incipit textus libri tertii.' The text of the eighty-five chapters or articles (with their titles) follows ; agreeing (except clerical variations) in both manuscripts. Then Rubric : — * Explic. lib. iii. Incip. plogus libri iiii.' * Magnopere poposcisti ac precepisti, carissime rector, ut ad corri- gendos vel ^ instruendos tuorum mores subditorum quoedam ex divinis constitutionibus breviter et succinctim excerperem capitula, ut mens in cunctis Deo familiariter dedita non per simplices et densissimas librorum fatigetur silvas, sed potius compendio breviante, divinis uno in sancto divinarum scriptuarum prato circumvallata auctoritatibus, facili ^ Deo donante, odoriferos quos cupit, etsi non omnes, saltem vel paucos possit decerpere flores. Et quia sanctse caritati tuce summum dilectionis et benevolentioe obsequium debeo, ut potui. Domino miser- ante, juxta exiguitatem sensus mei, feci quod jussisti, et quod per te mihi imperavit qui in sancto tuo jugiter residet pectore Deus. Quartus igitur pauperrimse Excerptionis nostrae ex sanctorum opusculis, sicut et tres anterioresy excerptus hie incipit libellus. Quos omnes, auctore^ ^ B. adds ; ' Item quibus modis cuncta per Christi gratiam remittan- tur peccata.' 2 objectionibus, B. ' B. has ^/ before o/^r. 116 years after Degge's death: '•'■By which it appears^ that originally the poor had a share of the tithe." Degge never wrote these words ; and it is not fair or just to a dead author to publish a garbled edition of his work, and to quote against him from this garbled edition, I have given above his own words from his last edition published in 1703.' How stand the facts? I had quoted from pages 80, 81 of Mr. Ellis's edition ^ of 1820, giving the reference to those pages in a footnote ; 2 and in the text describing the words (which the Author says ' Degge never wrote '), as immediately following his references to Pope Sylvester, etc. As it happens, Mr. Ellis preserved, so far, the paging of the edition of 1703 : and, if the Author had looked at page 80 of the edition of 1703, which he had before him, he would have found in it those words, immediately following the references to Pope Sylvester, etc. And he might also have found them, in the same place, in every earlier edition except the first ; the references to Pope Sylvester, etc., having been first made by Degge in his second edition of 1677.3 The words, for which the Author imagines them to have been substituted in Mr. Ellis's edition, which he calls 'garbled,' occur (in a different place, winding up Degge's reply to his critic) in the two editions pubhshed after 1692, in which year Wharton's Defence of Pluralities appeared ; being part of the reply to that book, they did not, and they could not, appear earlier. 1 It is in the Library of Lincoln's Inn, and the only edition there. I quoted from it, as likely to be more easily accessible than the earlier editions to others, as well as to myself. 2 Defence, etc. (4th ed. ), p. 154. 3 The first edition (1676) is in the British Museum and the Bodleian Library ; the second (1677) in the Library of Queen's and All Souls' Colleges, Oxford ; the third (16S1) in the British Museum and the Library of Corpus Christi College, Oxford; the fifth (1695) in the Library of Christ Church, Oxford ; the sixth (1703) in the British Museum and the Library of New College, Oxford. I have not seen the fourth, but there can be no doubt of its agreement, as to the words quoted, with the third and fifth. 2 B 370 SUPPLEMENT § 4. The Author and ' Ancient Facts and Fictions' I pass to the Author's criticisms on Ancient Facts a?td Fictions. I am happy to think that, by giving references throughout that work to the sources of my information, I have enabled others to verify the evidence on which my statements rest. That the Author of the new History has closely followed up my references, I know from himself : when, therefore, he expresses no dissent as to any important question of fact, it may be presumed that he has found no reason to do so ; it is even possible that I may have assisted to remove from his mind some erroneous impressions. He maintained in 1887 opinions, as to the bearing of the (so-called) ' Excerptions of Archbishop Egbert' upon the question of a tripartite division of tithes in England, and as to the charters of King Ethelwulf, which he has now relinquished ; ascribing his change of mind to a fuller consideration of authorities, which were as acces- sible in 1887 as in 1891.^ During the interval between those years. Ancient Facts and Fictions had been published. In his present chapter ^ on the ' Excerptions,' he takes notice of the fact, that the twenty-one first articles (he calls them ' Canons ') in that collection are taken from the Andain manu- script in the monastery of St. Hubert (he prints the name Herbert) in the Ardennes. It was by myself, in Ancient Facts and Fictions^ that attention was first directed to that fact, and the evidence of it brought forward. ^ I may therefore fairly claim to have conveyed the knowledge of it to the Author's mind ; and in it may doubtless be found the explanation of his now ceasing to insist that, 'although this collection bears internal evidence of having been compiled some centuries after the Archbishop's death, yet it shows that a tripartite division of the tithes must have been made in England at the time the collection was formed, otherwise the compiler or compilers would not have mentioned the division as having existed in Egbert's time, meaning his or their own time.'* As to the ^ C, Preface, v. 2 jud,^ p. 32. s aF, pp. 37-45. * C 1887, V' 27. (The compilers of the ' Excerptions ' do not anywhere mention the division as having existed in England, either in Egbert's, or in their own time.) SUPPLEMENT 371 charters of Ethel wulf, the Author in 1887 strenuously main- tained the opinion that the charter of A.D. 855 was a law, * granting tithes to the Church from all England.' ^ But now he has a chapter 2 proving the contrary ; in which I recognise seven of my own quotations from Chroniclers, and other arguments, the same in substance with my own. The Author thinks ^ that in Ancient Facts and Fictions I have relied too much upon negative evidence. I am not conscious of having done so. I have not in any instance founded conclusions upon it, or referred to it at all, except in confirmation of positive reasons for my own conclusions. And though on many points I have thought it right to men- tion other men's opinions, whether in accordance with or contrary to my own, I have never, that I am aware of, confounded those opinions with evidence. § 5. The document e?ttitled, ' Of Church-GrithJ I now come to historical questions ; and I will take first those criticisms on which the Author seems to have bestowed the greatest pains, and which I suppose him to have had most in view when he directed my attention to his work. They relate to my chapter on the legislation of Ethelred and Canute, and more particularly to the question there discussed* -as to the character and effect of the document entitled (as Mr. Thorpe renders the Anglo-Saxon Be Cyric Grithe) ' Of Church- Grith: I have stated in another chapter,^ that the uncritical accept- ance of the ' Excerptions ' as the genuine work of Archbishop Egbert had more influence than anything else in establishing the notion that a tripartite division of tithes or other church revenues was anciently customary in England, in the minds of those writers who entertained it down to the present century. Next to the ' Excerptions,' their reliance was on the (so-called) ' Canons ' of Aelfric. I do not know that any one appealed for that purpose to the document entitled * Of Church-Grith^^ 1 C 1887, pp. 35-39. ^ C, pp. 53-66. Compare AF, pp. 186-206. ^ C, Preface, vi. * AF, pp. 278-285. * Ibid., p. 227. 372 SUPPLEMENT until after the first quarter of the present century ; but now it seems to be relied on more than anything else by those who still hold to that opinion. The Author says : ^ ' King Ethelred's law on the three-fold division of tithe has been found so important in the discussion on the tripartite division, that Lord Selborne has devoted all his eminent legal powers, though unsuccessfully, to upset this Anglo-Saxon law.' I disclaim the motive suggested. I have dealt with the questions arising on Church-Grith exactly in the same way as with the other historical questions examined by me ; that is, with a desire, not to ' upset ' anything, or to establish any fore- gone conclusion, but correctly to understand and present to my readers the real facts and their practical import. That there should be some who cling to this supposed law of King Ethel- red as a tabula in naufragio for a theory of which the original grounds have been displaced is intelligible enough ; I must take the liberty of saying that the zeal is on their side, rather than on my own. I prefer as to this matter to meet the Author, first by showing how the case stands upon the main question, apart from all inferences from anything said or not said by any writer, ancient or modern. The Author thinks, and has taken some trouble to prove,2 (with what success will be hereafter seen), that I have attached undue importance to the silence of some writers, whom he calls my ' witnesses.' If that had been so, I should so far stand corrected ; but my facts and arguments upon the principal question would remain the same. Whatever else may have been done in Ancient Facts and Fictions^ I may fairly claim to have established these proposi- tions : — I. That there is no ground for believing any part of the Anglo-Saxon literature, which has been or can be cited as evidence of the existence in this country of any law or custom for the partition of tithes, to be earlier than the reign of Ethelred the Unready. ^ ^ C, p. I02. (In Contents, xii. ch. x. ; also, ' Lord Selborne's object is to upset the Act of a.d. 1014.') 2 Ibid., pp. 102-106. ' AF, pp. 227-269. SUPPLEMENT 373 2. That all the passages in that literature which appear to favour the notion of any such law or custom are traceable to a definite foreign source, the Andain text (printed by Martene and Durand) of the document, bearing in another text (from which it was printed by Sirmondi) the title * Capitulare Episcoporum.^ 1 3. That there is no evidence of the prevalence of the tripartite division of tithes enjoined by the Capitulare Episcoporum, even upon the continent of Europe, except in some parts of the Low countries and the northern provinces of France.^ 4. That the intercourse which took place between English and French ecclesiastics and religious houses in the tenth century explains the introduction into this country of copies of the Capitulare Episcoporuin^ such as are found in the manu- scripts of which an account is given in my chapter on the Egbertine Compilations, and the desire of some learned men and persons of influence among the English Benedictines of King Ethelred's time to procure the adoption in England (among other things derived from foreign sources) of the tripartite division of tithes, enjoined by one of the articles in that Capitular. 3 5. That there is no trace of any such tripartite division, or of any other apportionment of tithes, having been enjoined by any law or established by any custom in England before the reign of Ethelred the Unready; nor in his time, unless it was "done by the disputed document entitled ' Of Church-Grith^ in the last year but one of his reign.^ 6. That if the document entitled ' Of Church-Grith ' ought to be regarded as agreed to by a Witenagemot in the last year but one of King Ethelred's reign, on account of the date which it bears in one of the two manuscripts which (wholly or in part) contain it, and of what it says as to ' the king of the English with the counsel of his witan^^ ^ the circumstances of 1 AF, pp. 37-45, 229, 231, 237, 242, 248, 258. 2 Ibid., pp. 29-37. 2 Ibid., pp. 207-218, 233. * Ibid., pp. 179-185, 213-225. ^ In Ancient Facts, etc. (p. 280, note), I noticed, but did not lay stress on, the peculiar form of the sentence in whicR those words first occur, which 1 thought ' not exactly like ' anything to be found elsewhere ; and in the 374 SUPPLEMENT the time nevertheless preclude the supposition that anything contained in it, which was not afterwards confirmed by Canute, was ever practically law in England ; and that, while every other article in it capable of having any practical operation (with at most two exceptions) was confirmed by Canute, that as to a tripartite division was not.^ 7. That from the accession of Canute in A.D. 1016 down- wards there is again no trace of any law or custom of tripartite or any other' division of tithes in England. ^ These propositions, firmly established as I believe them to be, are enough ; they show that the document in question (which I have never treated as spurious) was inoperative, even upon the hypothesis most favourable to its authority. But I added, that there was no sufficient proof or pre- sumption in favour of that hypothesis. The document did, in two of its articles, * speak the language either of past or of present national legislation.' ^ But this it might do, though it was no more than the draft or project of a law.* That this was the true character of ' Church-Grith^^ seemed to me, from the internal evidence, most probable ; because it contained towards its close five articles, didactic, expostula- tory, casting censure upon the whole course of legislation and government after the death of King Edgar, ^ — articles which, in a draft or project of law, might perhaps have the effect of Appendix to my Defence, etc. (4th ed. , p. 362), I also noticed the differ- ence between the title ' Church-Grith ' (both in the MSS. and in Mr. Thorpe's Ancient Laws, etc., vol. i, pp. 340-341), and the usual general titles of other undoubted laws of Ethelred's reign. The Author (C, pp. 113, 114) dissents. I am content that, on this point, any one who will look at pp. 281-282, 284-285, 292-293, 304-305, 306 of Mr. Thorpe's first volume shall judge for himself whether my observations were warranted or not. ^ AF, 285-290. 2 Ibid., pp. 289, 294-307. ' Ibid,, p. 280. * Every Bill introduced into the British Parliament, or drawn up with that view, is in the form of an enactment by the proper authority ; though until actually passed by that authority it is no more than a draft or pro- ject of law. The mere style and form need not be conclusive in the case of an Anglo-Saxon manuscript standing by itself, of which the history is unknown, more than in any other case of an instrument prepared with a view to its becoming law. * AF, p. 281 ; and Appendix E. SUPPLEMENT 375 setting before the legislature motives for the proposed enact- ment ; but which in the law itself, if enacted, would be nugatory and out of place. Those articles were all (as might have been expected) omitted from Canute's legislation. I suggested also^ (though without laying stress upon the suggestion) that in such a case it might not be safe to rely upon a date such as appears on the face of the Parker manuscript, assigned by Mr. Thorpe to the middle of the eleventh century. The name of the reigning king is not men- tioned in either of the two manuscripts ; and, as I showed, the words ' Edgar who was last ' (after ' Athelstan ' and * Edmund ') could not mean that Edgar was the immediate predecessor of the king in whose reign the document was drawn up, whether that king was Ethelred or Canute. If they meant (as I thought they did) the last lawgiver who ruled and made ecclesiastical laws in a proper constitutional way, they would be as appropriate, if the document was drawn up early in the reign of Canute (in which case it would be clear that nothing in it which is not found in Canute's code was enacted as law) as they would have been in the last year but one of King Ethelred. 2 I observed, that it would make all the difference if the scribe had written MXIIII. instead of MXVIIL, and that such a clerical error in numerals might easily occur. Of the reasonableness of that observation the same manuscript volumes which contain (wholly or partially) the text of ^ Church- Grith^ supply a remarkable confirmation, of which, when I made it, I had not taken notice. They both contain a document, entitled in both, * Sermo Lupi ad Anglos^ quando Dam maxime persecuti sunt eosj ' to which (in both) are added the words, ' qiwd fuit anno ' — the date following, but differing in the two manuscripts, by a manifest clerical error in one of them, probably in the Cottonian Nero A. I ; where it is, '■Anno MloXIIII ab incarttatione D^i N" IHV XPI. In the Parker manuscript it is, 'An yi^^NWW- ab ifi- 1 AF, pp. 283, 284. 2 Ibid. , p. 285. The Author's reference to Edred and Edwy, (C, p. 102), in connection with the question about the words, ' Edgar, who was lasf,' is unintelligible to me. In A.D. 1014 Edgar could not be named simply as the last lawgiver, without passing by Ethelred himself, which might as well be done in Canute's as in Ethelred's time. 376 SUPPLEMENT carnatione D^i N" IHV XPI.' This date (A.D. 1009) agrees better with the facts of history than the other (a.d. 10 14). Wanley has made that document the subject of a note in his catalogue of the Parker manuscripts.^ I cannot perceive that the Author has attempted any real answer to anything which I have thus said, upon the main question. Of the little which may have an indirect bearing upon it, I find in his History only three things worthy of remark ; on two of which (as to Archbishop Odo borrowing from ' Egbert's Excerptions,' and as to the gloss on one of Dunstan's canons, commented on in my chapter on ' Aelfric and his schooP) I shall hereafter observe. The other is this sentence : ^ ' It has escaped Lord Selborne's notice that Canute's con- firmation of Edgar's law, which grants one-third of the tithes to the manorial priests, comes to the same thing as the three- fold division of tithes in the ' Church-Grith ' law. The principle is the same in both, namely, that the manorial priest, or the priest of the mother Church, was legally entitled to no more than one -third part of the tithes, and that the modern use of taking all the tithes was contrary to all rules, laws, and customs.'' A characteristic sentence, which, with infinite coolness, begs the whole question ! It had by no means ' escaped my notice' that the argument as to Edgar's law, here ad- vanced, might be, and had been, suggested by writers whose minds were preoccupied with the notion of a tripartite division of tithes. I gave what I thought a sufficient answer to it, at the end of that section of my chapter on ' The Primacies of Odo and Dunstatt,^ which relates to King Edgar's laws.^ For what conceivable reason should the framers of Church-Grith, leaving out that particular law of Edgar while they repeated other tithe-laws of that king found in the same ordinance, have put (as it were) into its place their own clause for a tripartite division, — for what conceivable reason should Canute, while ^ Antiq. Literat. Septenir. lib., p. 137 (under No. XXXIX. of the catalogue). I had not observed the date in the Parker MS. when the note at page 287 of Ancient Facts, etc., was written. =* C, p. 122. 8 AF, pp. 225, 226. SUPPLEMENT 377 re-enacting Edgar's law, have omitted from his code that article Q>i '• Church-Griih'' as to the tripartite division, — if the one 'comes to the same thing' with the other? In that case they would at least have been found standing together in Canute's code. If the assignment of one-third of the local tithes to the local priest had been founded on some legal or customary partition of tithes between clergy, poor, and church-repairs, then the other two-thirds ought, upon the same 'principle,' to have been assigned to the local poor and the repair of the manorial church. But they were left to 'the old minster.' The sug- gestion that the lawgiver, without saying so, intended the clergy of ' the old minster ' to divide those two-thirds between the poor (I suppose, the mairicularii^ of their own church) and the repairs (I suppose of that church also), without carry- ing them into the common fund of the monastery, or drawing anything from them for their own maintenance, is purely arbi- trary. And to suppose that the clergy of 'the old minster ' would have so understood or acted upon Edgar's law, in the absence of words requiring them to do so, is a hypothesis at variance with all that is known as to the rule and practice of the English Benedictine monasteries in that king's time. § 6. My ' Witnesses,^ So much with respect to the state of the issue between the Author and myself upon the main question. He expends his ammunition in an attack upon outworks, the demolition of which, if accomplished, would not bring him nearer to the mark. But how stands the case as to those outworks ? I have said in my chapter on the legislation of Ethelred and Canute, (and it is true) : — 1. That if the ancient collectors and translators into Latin of Anglo-Saxon laws kijew of the existence of the document entitled ' Of Church-Grith^ — which I thought probable, — they cannot have regarded it as an Anglo-Saxon law ; for it has no place in their translations. ^ 2. That the English antiquaries and Anglo-Saxon scholars ^ AF, pp. 77-79, 215. 2 ii,id,^ pp. 271, 272. OF THE UNIVERSITY 37^ SUPPLEMENT of the sixteenth and seventeenth century, whose attention was given to the same class of documents, — Lambarde, Selden, Spelman, Whelock, and John Johnson, — (if, again, they knew of the existence of ' Church-Griih^^ which also I thought prob- able), — did not so regard it ; for no mention of it is found in the collections or writings of any of them.^ 3. That David Wilkins, who first published ' Church-Grith ' in his Leges Anglo-Saxonicce, did not include it in his Con- cilia, where it would have been entitled to a place, if he had taken the Author's view of it.^ The Author calls these my ' wittiesses^ though I have built nothing upon their silence, or (if they had the necessary knowledge) on their presumable opinions. The Author arrays them, one after another, as witnesses for cross-examination, disparaging the authority of some ; and, as to all, taking issue with me as to the probability of their having known anything of the document in question. This is all that he does ; and, except as to certain discoveries which he thinks he has made (as to a supposed difference between the present contents of the Cottonian volume, Nero A. i,and its condition in the time of Selden and Spelman), it will be enough for me to show that, in the little which I said in that chapter about those writers, I did not speak unadvisedly. First, as to the ancient translators of Anglo-Saxon laws, I think it cannot reasonably be doubted (though the Author has taken exception to my saying so ^) that they intended their collections to be complete — by which I mean, complete so far as relates to the general laws of Wessex, and of England under the supremacy of Wessex, in Anglo-Saxon times. There is no indication of a design on their part to do either less or more than this : — it is nothing, therefore, to the purpose that their collections did not include the laws of the Kentish kings, enumerated among their omissions by the Author.* If they knew nothing of ' Church-Grith,' their ignorance might perhaps be of more importance (as negative evidence) than their opinion of its character, if they did know it. 1 AF, pp. 282, 283. 2 j^ifi^^ p^ 283. ' In the Appendix to my Defence of the Church of England, etc. (4th ed., p. 361). See C, p. 113. * C, p. 112. SUPPLEMENT 379 The Latin translations printed by Mr. Thorpe ^ are ascribed by him to the twelfth century — a time sufficiently near to the Anglo-Saxon monarchy to make it improbable that any Anglo-Saxon enactments of general (especially ecclesiastical) importance, which had in the preceding century been acknow- ledged and acted upon as laws, would have been beyond the knowledge of the translators, or have escaped their research. If the document entitled ' Of Church-Grith ' was not found in any of the repositories to which they had access, the inference would not, I think, be favourable to that view of its character and operation which the Author maintains. I thought it, however, probable that copies of a document of that nature, of which manuscripts have come down to our own times, might have been found in those repositories in the twelfth century, and even so late as Bromton's time ; and, giving credit to the translators for knowledge of the places where the materials for their work were most likely to be found, and for a reasonable amount of diligence and research, I thought they were likely to have been acquainted with it, if it were there. I leave it to others to judge of the degree of probability, one way or the other. It is a perfectly fair observation of the Author,^ that some undoubted secular laws, — those of Thundersfield (the Decretutn Sapientum AnglicB) under Athelstan, and of the Council of Colinton under Edmund (both which are in Bromton), and Canute's Poorest Laws, are not in those old Latin translations ; and I cannot doubt that the two earlier would have been there, if the translators had found them in the places to which they had access. All that it occurs to me to suggest is, that there was nothing in them of special interest to ecclesiastics, and so that they might be preserved in fewer places. Canute's Forest Laws are less likely to have been unknown : their limited application to the Royal Forests may perhaps have been the reason for their omission ; but that, of course, is no more than conjecture. The other omissions which the Author mentions are of 1 Ancient Laws, etc., vol. ii. pp. 447-551. (See Mr. Thorpe's Preface to vol. i. p. xvi.) 38o SUPPLEMENT little weight. Some of them are irrelevant, if my view of the translators' design is correct ; — the laws of the Kentish kings ; Alfred's summary of Mosaical precepts, which (though the Author calls it * King Alfred's Scriptural Laws '), was no law at all ; the ' Decretum Cantianum^^ which also was no law at all ; and Grith and Mund. And, with respect to the omitted Acts of that latter part of King Ethelred's reign during which the Danes were ravaging England, there seems good reason to believe, from what appears in ' Church- GritW itself, that con- stitutional objections were taken in that king's time to the way in which they were passed, and that they never had practical operation, except so far as they were confirmed and re-enacted by Canute. ^ The ' Supplement to Edgar's Laws ' raises by that title, as well as by the form of its contents, a question as to its character.^ Next, as to the learned men of the sixteenth and seven- teenth centuries ; — I will take the less considerable of them first. 1. My reason for thinking it probable that Lambarde knew Qf the existence of ' Church-Grith ' is, that he tells us in the preface to his Archaionomia ^ that he had access to and made use of the Anglo-Saxon manuscripts in Archbishop Parker's library ; of which not the least interesting and important were those contained in the same volume with '■Church-Grith? It is nothing to the purpose that he did not print the laws of the Kentish Kings (of which there is only one original manuscript, the Textus Roffensis^ forming no part of the Parker collection), or the laws of William the Conqueror, or the Latin compilation, falsely called * Laws of Henry the First.' 2. My reason for thinking the same of Whelock is, that he lived in Cambridge, and appears, on the face of his editions of Lambarde's Archaiono7nia and Bede's History^ to have made full use of the opportunities which he had of becoming ^ See AF, pp. 277, 278. 2 Thorpe, Anc. Laws, vol. i. pp. 274-279. None of the MSS., which contain the ' Laws,' also contain the ' Supplement' ; and I infer, from the collation of texts in Mr. Thorpe's notes, that neither of the two MSS. from which he prints the ' Supplement ' contains the laws. ' Published I^y Day in 1568. SUPPLEMENT 381 acquainted with the Anglo-Saxon manuscripts bequeathed by Archbishop Parker to Corpus Christi College. That he should have overlooked, or (if he did not overlook) that he should have failed to make himself acquainted with the contents of, the volume which contains ' Church-Grith^ seemed to me improbable. 3. My reason for thinking the same of John Johnson is, that he refers to that volume itself, in his preface to the Laws of the Northumbrian Priests; saying : ^ ' These laws stand before those of Edgar, in the MS. of C.C.C.C., S. 18, though Sir H. Spelman placed them after.' Knowing thus from himself that he was acquainted with and made use of the volume, I must be excused for disregarding Mr. Baron's dicttmi in 1850 (which the Author quotes ^ as if it were evidence), that ' Church-Grith ' was ' altogether unknown to him.' 4. As to Selden, the Author^ agrees with me, that he was well acquainted with the Cottonian volume, now known as Nero A. i, in the state in which it was when he published his History of Tithes in 1 6 1 8 ; but he rejects my inference ; because (he says) ' that law was not in the volume for him to see or read, nor was it in the [Cottonian] Library.' This is the Author's discovery, which he undertakes to prove ; it will be seen whether he proves it or not. Meanwhile, I shall take the liberty to assume that, when Selden wrote, so much of '■Church-Grith^ as is now in Nero A. i was in Sir Robert Cotton's Library, and in that volume. Selden not only referred to the Cottonian manuscript of 'Egbert's Excerp- tions ' (as the Author acknowledges), but he made use of the texts of Athelstan's tithe-ordinance and Edgar's tithe law con- tained in the same volume, for the purpose of collating them with Lambarde.^ The copy of Athelstan's tithe-ordinance, 1 Johnson's Laws and Canons (Baron's ed. 1850), vol. i. p. 372, (Compare Spelman, Concil, p. 502 ; and Wanley, p. 137, Nos. xxi. xxii.) 2 C, p. 105. (Mr. Baron's words, ' in the face of which ' I have presumed to form an opinion for myself, are at p. vii. of his Preface. ) 3 Idid., p. 103, (Selden's History of Tithes was dedicated to Sir Robert Cotton, with an acknowledgment of the use made of his Library.) •* See the list of ' The aricient Records and other Manuscripts' used by Selden for his Historie of Tithes, at the end of the original edition of 1618. Those 'in Sir Robert Cotton's Librarie' exceed all the rest in number. 382 SUPPLEMENT of which Selden so made use, is part of the same manu- script (among the different pieces brought together in Nero A. i) which contains ' Church-Grith^ so far as Church-Grith is there. 5. The Author concedes, as to Spelman, what he does as to Selden. He 'had access to every book and manu- script in Sir Robert Cotton's Library,' 1 In the margin of the manuscript of 'Egbert's Excerptions' m Nero A. i, there is a note (in writing, I think, of the latter part of the seventeenth century), saying that Spelman printed the ' Excerptions ' from it. But, on looking to what Spelman himself says,^ I feel more doubtful of this, than I did when Ancient Facts a?td Fictions was published ; and I have, for that reason, modified what I said as to his knowledge of Nero A. i. Spelman had not only some knowledge, greater or less, of Sir Robert Cotton's manuscripts ; he was also very familiar with the Parker manuscripts in the library of Corpus Christi College, Cambridge ; and he printed the Laws of the Northumbrian Priests from the volume in that library which contains ' Church-Grith^ where only the Anglo-Saxon text of the Laws of the Northumbrian Priests is found. ^ 6. As to Wilkins, I said,* that he was the first to publish ^Church-Grith'' in h\s Leges Anglo-Saxonicce, 'where he combined it, in a manner for which the manuscripts afforded no warrant, with the ordinances of Habam, etc. If he had regarded it as an authentic ecclesiastical law when he afterwards (in a.d. ^737) published his great collection of Acts of Councils and other English ecclesiastical documents, it must have found a place there, which it does not.' In this passage, the word Habam has been rightly pointed Among them are ' Saxon Laws in Saxon,' with references to pp. 213, 219, 222. Page 213 contains in the margin a reading of part of King Athel- stan's Tithe Ordinance, from the Cottonian MS. {In MS. Cottoniano) ; and p. 219 has another, of two words in Edgar's Tithe-Law. [Compare Mr. Thorpe's collation of the same places, from his MS. G, i.e. Nero A. i, in Anc. Laws, vol. i. pp. 194 (note 11), 195 (note b), 264 (note 5).] ^ C, p. 104. 2 Spelman's Concilia (ed. 1639), p. 275. ^ Ibid., p. 502 ; and see Wanley's Antiq. Literat. Septentr, lib., p. 137, Nos. xxi., xxii. * AF, p. 281 (first ed.) SUPPLEMENT 383 out by the Author ^ as a mistake ; it is a clerical error, not perceived before, because absolutely unimportant, except as showing that I may be guilty of a slip through mcuria, like other men. I have corrected it to Wantage (the right word). I suppose it was that slip which led the Author to say ^ that I confounded the Ordinances of Habam with another docu- ment, the ordinance of A.D. 1008, which he calls (after Mr. Thorpe) ^ Liber Co7istitutionnm.^ If he had read the earlier sections of the same chapter oi Ancient Facts and Fictions in which the slip occurs, he would have seen that I did not confound those two documents, and could not possibly have done so. Nevertheless, I thank him for enabling me to set right the mistake. What Wilkins did, ' in a manner for which the manuscripts afforded no warrant,' was to combine four documents (of which the Ordinance of 1008 was the first, Grith and Mund the second, Church-Grith the third, and the laws of Wantage the fourth), under the title ^ Liber Constitutionum tempore Aethelredi Regis ' ; which he placed after his next preceding title, ' Leges Aethelredi Regis ^ and before the next following, ' Concilium AenhamenseJ ^ That combination was not found in any manuscript (though the three first of the four documents did follow each other in the same order in Nero A. i)\ and the title under which he placed them (which Mr. Thorpe,* in the table of contents of his first volume, though not in the body of that work, has borrowed from him, applying it only to the first document of the four) was one of his own invention ; there being no such ' book,' and no manuscript in which that title, or any- thing like it, is applied to all or any of those documents. I cannot but think that, by placing them under such a title, Wilkins showed that (rightly or wrongly) he did not consider them as well-authenticated laws of King Ethelred. And I adhere to the opinion that Church-Grith (of which all the articles are ecclesiastical), must have found a place in his Concilia^ if he had in 1737 regarded it as a document of 1 C, p. 106. 2 ij,id^^ p^ ^^ 3 Wilkins, Leges Anglo-SaxoniccB (1721), pp. 106, no, 113, 117, 119. ^ Thorpe, Ancient Laws, vol i. Table of Contents, xxviii. (Compare ibid., pp. 304, 305.) 384 SUPPLEMENT authority. The Author says, that he also omitted from his Concilia the Ordinance of 1008, which contained a consider- able number of ecclesiastical articles. That is true ; but he included in that collection the Acts of the Council of Enham ; and he doubtless saw, that those Acts and the Ordinance of 1008 could not stand together, as having concurrent authority. I do not doubt that he took the same view of the Ordinance of 1008 that he did of Church-Grith. It is nothing to the purpose, that an eminent Anglo-Saxon scholar, with whom Archdeacon Hale conversed, thought no weight due to Wilkins's opinion, whatever it was.^ I have said nothing about the weight of his opinion : I have only shown what it was, or may be presumed to have been. But, if the question with Wilkins was as to the character, and not as to the genuineness of the document, it is not clear to me that his judgment ought to be set aside as unworthy of consideration, because the Archdeacon's friend thought meanly of him as an Anglo-Saxon scholar, in comparison with Schmid, and may perhaps have been right in thinking so : which is all that the conversation amounts to. §7. The Cottonian Vohcine^ Nero A,j. I come now to the Author's supposed discovery,^ that the documents, which he calls Wke Chtirch Mund and Church- 1 C, p. 107. See Archdeacon Hale's tract on The Antiquity of the Church-Rate considered, etc. (Rivingtons, 1837), p. 31. The Author says, that I (and others), ' while quoting Price's opinion, carefully avoided any reference whatever to the second or favourable opinion, though it is printed in a footnote to the page in which Price's letter appears ' (the italics liere are his). And in his preface, p. vii, he speaks of this as- ' most unfair' (his own italics also), and as a 'careful omission' of 'material evidence furnished by Archdeacon Hale, which is dead against their opinions.' It is as little against my opinion, as it is 'evidence.' If I had called in question the genuineness of the document, there might have been some reason for my mentioning that anonymous opinion in its favour, though resting on the mere fact that Schmid had published it in his collection of Anglo-Saxon laws. But I did not adopt Mr. Price's opinion ; I stated my own opinion to be, that the document was genuine ; but was ♦a draft or project of laws, which the framer, evidently an ecclesiastic of Aelfric's school, wished to have enacted.' — AF, p. 279. 2 C, pp. 98-101 ; and preface, p. vii. SUPPLEMENT 385 Grith laws^ were not in the volume now called Nero A. i, nor in the Cottonian Library, in Selden's time, nor during the life of Sir Robert Cotton (who died in 1631), or of his son ; but that they were added to the Library, and put into Nero A. i, by his grandson, Sir John Cotton (who died in 1702), towards the end of his life. For proof of which, the Author relies upon the absence of any titles descriptive of those particular documents, in certain lists or catalogues, of which I shall in due course speak — upon that, and nothing else. Those lists or catalogues are silent, not as to Grith and Mund and Church-Grith only, but also as to the Ordinance of A.D. 1008, which immediately precedes them, and several other documents now in Nero A. i, which I shall hereafter describe. If the Author's inference were good as to any of those documents, it would be equally good as to them all. Before addressing myself to that issue (relevant only, of all the matters discussed in Ancient Facts and Fictions^ to the question of the accessibility of those documents, as found in Nero A. i, to Selden and Spelman), I have to make my acknow- ledgments to the Author for taking notice of one or two points in my description of the manuscript volume Nero A. i itself, which were either incorrect, or too confidently put forward. They are of no importance to any historical question; but I am glad to set them right ; and they have led me, in my further examination of the same volume for the purposes of this supplement, to observe exactly every part of it, in a way which was not necessary for any purpose which I formerly had in view. I acknowledge, that my eyes were at fault in deciphering the very minute and faded writing of the date added by John Josceline,^ at the head of the undated rubric of Church-Grith in Nero A. I. I read it, * A'' dom 1014' : the Author truly says, that it is '' A^" dni 1014.' It is now corrected in my text. My next slip has been, while making use of some short memoranda taken down when I first looked at Nero A. i, to give an unduly wide application to the words, * without break^ which ought to have been restricted to one portion of the first ^ C, p. loi. 2 C 386 SUPPLEMENT half of the volume; that contained in folios 71 to 97 ; the most material, and as to which they would have been correct. I wrote :^ 'The Worcester book begins with Canute's laws, which are followed by those of Edgar, Alfred, Athelstan, Edmund, Ethelred ; 2 and after them Grith and Mund and Church-Grith ; all in Anglo-Saxon, without break, and in that order.' It was not necessary for me to take notice of any other original matters found in, and forming integral parts of, the identical manuscripts which contained those laws ; and, so far, I might have had nothing to change. But it was not correct to describe the volume as if it had been, from the laws of Canute down to Church- Grithy one continuous manuscript. The Author's division of it,^ down to that point, into four ' tracts,' is not far from the mark ; though I should not, like him, call Josce- line's modern supplement to Alfred's laws one of those ' tracts,' or take it into account at all. The laws of Canute, which are in one handwriting, and have at their end two blank pages, may without impropriety be called one ' tract ' : the laws of Edgar, and the chapter-titles and part of the preamble of Alfred's laws (with other matters interposed in the same manuscript), are in another handwriting, and may be called a second ' tract ' ; part of which has been lost, for it comes abruptly to an end, at the bottom of the second page of folio 56, with an imperfect sen- tence, which Josceline has completed by adding the words ^ odnu7n man?tuiJt,^ ^ followed by his own Supplement, in fourteen folios. And the part of the volume which for the present purpose is most material — that which contains certain clauses of Church-Grith — beginning at folio 71 and ending with folio 97, is in a third handwriting, and may be called another ' tract.' I am well inclined to adopt that phraseology ; especially as the list at the beginning of Nero A. i, on which 1 AF, p. 280 (first ed. ) 2 Here, and in another place where the same enumeration is made (AF, p. 242), I have named Ethelred ; who, however, is not named in the manuscript. I did so, because the Ordinance of 1008 (whatever ques- tion there might be as to its authority) purports on its face to have been made by king and witenagemot ; and Ethelred was then king. 3 C. pp. 117, 118. * See Thorpe, Ancient Laws, vol. i, p. 56 (sixth line from foot of the Anglo-Saxon text). SUPPLEMENT 387 the Author's supposed discovery depends, is headed, * Catalogus Tractatuum m isto volumine^ But when the Author says : ^ ' There are several breaks in the volume between the laws of the five kings. . . . The first break is of six folios, between the first and second parts of Alfred's laws. Then a second break of no less than twenty-eight folios between the last part of Alfred's and the beginning of Athelstan's. Here there are two breaks of thirty-four folios ; and there are seven heads of other manuscripts which are bound up in those breaks of thirty- four folios ' : — I must confess my inability to understand him. It is not the fact, that there is any ' other manuscript bound up,' either (i) between (what he calls) the first and second parts of Alfred's laws, or (2) between the last part of Alfred's and the beginning of Athelstan's, except Josceline's modern supplement of the laws of Alfred and Ina ; which contains not twenty-eight but only fourteen foHos, and has interposed between it and the beginning of Athelstan's laws seventeen folios, of another and an entirely different manuscript. The pieces which occupy those seventeen folios, before Athelstan's laws, and those interposed between the chapter titles and the preamble of Alfred's laws, are not ' other manuscripts bound up ' with the laws ; they are as much original and integral parts of the two 'tracts,' or manuscripts containing the laws, as the laws themselves. What the Author means by a ' break,' I do not know ; what I mean is a breach in, or interruption of, the continuity of a manuscript. I have corrected the inaccuracies which I have acknow- ledged. Nothing turns, in the question as to the character and authority of Church-Grith, upon the precise date of the ' tract,' or manuscript, containing it (so far as it is contained) in Nero A. i. As to that, it is possible that both the Author and myself may have been too confident. He is certain 2 that the handwriting is earlier than a.d. 1035, the year of Canute's death. I thought it might 'be asserted, without risk of error,' ^ that nothing in the volume was written before the end of 1 C, p. 118. 2 ji,i^ 3 j^Y, p. 280 (first edition). SUPPLEMENT Canute's reign. In so saying, I founded more than I now think I ought to have done upon the priority of place which Canute's laws have in the volume. I did not doubt then, nor do I now, that the contents of all the ancient manu- scripts in Nero A. i were the same, and arranged in the same order, as they are now, when that volume first came into Sir Robert Cotton's possession, and also when the book was in the monastic Hbrary of Worcester. But it is certainly possible, that, when the several ' tracts ' contained in the volume were first put together, they may have been arranged in a different order from that in which they were written. The Author has persuaded himself,^ by a comparison of the handwriting with some ancient charters, that all the earlier portions of the volume down to folio 56 {i.e. the two first 'tracts') were written in, or not before, the reign of William the Conqueror ; differing, in that respect, from Mr. Thorpe. 2 My own judg- ment, from a similar comparison with charters which I also have seen, might not be the same ; but I make no claim to be an expert in palaeography, and I am therefore content, on this point, to qualify what I originally wrote. The ground being thus cleared for an examination of the Author's supposed discovery, I will lay before my readers the evidence of the volume itself I do not know when the manuscripts of the Cottonian Library were first classified under the names of the Roman emperors, etc., derived from their busts which stood above the several compartments of the library. It was certainly before 1695, when Dr. Smith's catalogue ^ was made — I believe long before. Whenever that classification was made, the volume in question must have been placed under its present title, Nero A. I, which is the first of a series ; being followed by sixteen other numbers of Nero A., and then by Nero B. and Nero C, etc. That it should have received that place, may be presumed 1 C, p. 118. ^ Mr. Thorpe ?,2CjS oi Nero A. 1 (List of Manuscripts, etc, following Preface to vol. i. p. xxv), ' Octavo, formerly belonging to Worcester ; written at various times ; the Anglo-Saxon portion apparently in the beginning and fniddle of the xith century.' ^ It is the classification of that catalogn^e. SUPPLEMENT 389 to have been due to its antiquity and importance ; and the owner of the library would hardly have been likely to tamper with it afterwards. The name of Sir Robert Cotton, ^ Ro : Cotton Bruceus^^ written in a fair hand, — doubtless Sir Robert's own, — is at the foot of its first page. Of this volume, Nero A. i, we know for certain, that it belonged, as early as A.D. i 580, to John Josceline,^ Archbishop Parker's celebrated librarian and secretary, and afterwards came into the hands of Sir Robert Cotton. There is another manuscript volume in the Cottonian collection {Julius C. 2) which contains some extracts from the Textus Roffensis^'^ and others from Nero A. i, by Francis Tate,^ an Anglo-Saxon scholar of some note in his day, a friend of Josceline and of Sir Robert Cotton, who was bom in A.D. 1560, and died in 16 16. Prefixed to the extracts from Nero A. i, is the heading : ' Ex libro admodum antiquo quern habet dominus Joannes Jocelinus 1580 Novemb.j^ — with the postscript added,^ *■ Remanet apud Rob. Cotton^ militem et baronettu7n^ 27 Mali 161 3, F. Tate.^ There is ample proof that the state of Nero A. i, when Tate made his extracts and wrote in those terms of the book, was the same that it is now. It contains, besides the interpolated laws of Alfred and Ina, much of Joscehne's writing scattered through its different component parts, — sometimes interlineations, sometimes mar- - ginal notes, sometimes short pieces crowded into vacant spaces in the lower part of leaves partially filled in the old manu- script. The laws of Canute, Edgar, and Alfred are interlined 1 In so spelling the name, I follow Selden (except as to the final e), and Hearne (Seld. Hist, of Tithes, ch. ix, p. 286, ed. 161 8. Hearne, Preface to Avesbury's Hist, of Edw. HI. § 9). In Athence Cantabrigienses (vol, ii. p. 366) it is written Joscelyn ; and in the inscription on his monument, Joceline. Wanley calls him Josselinus. 2 ' H,' in Mr. Thorpe's list of MSS. etc. (Preface to vol. i. oi Ancient Laws, p. 25). 3 See Smith's Catalogue of 1695, under Julius C. 2 ; and Tate's own signature in Julius C. 2 before the extracts from the Rochester book, and also at fol. 99b. Some of the side-notes, etc. , in Julius C. 2, are in Sir Robert Cotton's writing. (As to Tate himself, see Wood's Athence Oxonienses (Bliss'' ed. ), vol. ii. 179). ^ Crowded in, between the original heading, and the beginning of the extracts. 390 SUPPLEMENT by him ; at folio 49b (after the end of the piece entitled by Wanley ' Ojfficium justi Judicis\ he has filled a vacant space with an extract from Bromton. In the 'fourth tract' (as the Author numbers them), he has made a note after the exordium of Edmund's laws ; and in the very part of it which the Author supposes not to have been in the Cottonian Library till more than ninety years after Josceline's death, he has noted on folio 90a, before the Ordinance of a.d. 1008, < This is not i?t print ^ ; and on folio 96b, before Church-Grith, he has added the date already mentioned, evidently taken from the manuscript, now at Cambridge, which had belonged to Archbishop Parker. At the foot of folio 1 1 8a, after the closing lines of the ' Senna Lupi ad A?tglos,^ he has put in a hymn on St. Dunstan. At foho 119b he has written '■Parliament holden A" 1008' in the margin of (what seems to have been a first draft of) ^ the Ordinance of A.D. 1008, which there occurs as a separate undated piece, under the rubrical title, ''Be Angol witena Gercednesse.^ It was after the date 1014 had been added by Josceline to the Rubric of Church-Grith, in Nero A. i, that Tate's extracts from that volume, in Julius C. 2, were made ; he has copied that date, within lines distinguishing it as no part of the manuscript. His extracts consist : (i) of the complete text of the Ordinance of 1008 ; (2) of the complete text of Grith and Mund; (3) of the Rubric and first sentence of Church-Grith^ down to the Saxon word ' heonanforth ' ; which is followed by '&c.', and by a scrawl in shorthand,^ which has been thus deciphered for me : — ' Sed nihil habet quod non in aliis reperatur ' (sic), ' atque quod habet mancum et mutilu77t est ' : and (4) of some parts of the ' Institutes,' with which (what the Author reckons as) the ' fourth tract ' in Nero A. i opens. ^ Its first clause (except as to bishops) is the same as that of the Council of Enham. From clause 2 to the end, it corresponds, except in a few words, with the Ordinance of 1008 ; although the contrary might be supposed from Wanley's account of its ending. (See Schmid, Gesetze der Angel-Sachsen, ed. 1858 ; Preface, p. xxii : — where there is more than one misprint in the references. ) 2 This has been deciphered for me, by the kindness of Mr. Warner of the British Museum. SUPPLEMENT 391 These facts make it certain, that those folios of (what the Author calls) the 'fourth tract,' which contain Grith and Mund and Chtirch-Grith^ were in their proper and present place in the volume when it was in Josceline's possession, and when Tate described it as 'remaining' with Sir Robert Cotton. But the case against the Author's supposed discovery does not rest there. That ' fourth tract ' — one manuscript in one handwriting, earlier (in the Author's opinion) than A.D. 1035 — consists, as I reckon them, of eight pieces, of which, and of the way in which they succeed each other in it, I will now give an account. The three first pieces are ecclesiastical compositions, not national laws: (i) Fourteen chapters 1 of the treatise which Mr. Thorpe ^ has printed under the title ' Institutes of Polity^ Civil and Ecclesiastical^^ to which I refer by the word *- Institutes^ \ (2) a piece with the rubric '■Be Cristendome^ \ and (3) another with the rubric '■Be Godcundre WarmmgeJ The second of these begins on the same page (folio 77b) on which the first ends, and finishes on the eighth line of folio 84b, on which page the space which originally re- mained blank is filled up in an ancient, clear, and large hand (later than that of the principal manuscript), with an extract from a book of St. Augustine on certain heretics. The third begins at the top of folio 85 a, and ends on the fourteenth line of folio 87b. On the same folio where it ends (87b) the rubric of Athelstan's Tithe Ordinance, Aethelstanes Gerced- nes^ immediately follows ; and the text of that Ordinance ends on the sixteenth line of folio 88b. Then comes the rubric (immediately following on the same page) of Edmund's laws, ' Eadmundes Gerosdnesj' appearing (on the face of the manu- script apart from modern marginal notes) to cover the succeeding context down to and including the second line of folio 90a. Then, on the same page, follows the Ordinance of A.D. 1008 under the rubric ^ In Nomine Dni An Dnic Incarn 1 The chapters not included in those fourteen are also m Nero A. i, but in distinct manuscripts, later in the volume. They are numbered in Plaxta's catalogue of the contents of that volume, 19, 20, 21, 26, 31, 32, 33. 2 Thorpe, Ancient Latus, etc., vol. ii. pp. 304-341. (See AF, pp. 252, 285.) 392 SUPPLEMENT MVIIIi' continuing to the sixteenth line of folio 93b,' where it is succeeded by the rubric of Grtth and Mund (closely crowded within the lines), ^ Be GritheZ.Be Munde,^ and by the text of that document, continuing to the nineteenth line of folio 96b. Then comes, on the same page, the rubric ' Be Cyric Grit he ^^ and the beginning of the text of Church-Grith^ with the sixth clause of which document (not the same with the sixth clause of the Parker manuscript) the whole ' tract * or manuscript ends at folio 97b. Mr. Thorpe! published his text of Church-Grith as from Nero A. i, with collations from the Parker manuscript; and in the first edition of Ancient Facts and Fictions^ I took it on his authority, that the whole of that document was really in Nero A. i. Wanley, however, and after him Wilkins ^ and Planta (as well as Tate in 1580), had all described the text which follows the rubric ^ Be Cyric Grithe^ at folios 96b to 97b oi Nero A. i, as 'mutilated': — Wanley's words being: ' Calce mutila est hcec Constitutio j sed eandem habes paginain i7itegram^ Schmid ^ perceived the difficulty of reconciling the mutilation so spoken of with Mr. Thorpe's account of the text which he followed. He thought, that by the words, ' eandem habes pagi?ta?n integram ' (which I understand to mean that page 97b of Nero -^4. i is perfect) Wanley meant, that what was missing there was found in some other part of the same volume : — which (though it does not appear that he had seen the book) he judged to be a mistake. The fact is, that no more than the five first, out of the forty-four clauses contained in the Parker text of Church-Grith, are found in pages 96b to 97b of Nero A. i ; and I have myself searched in vain for anything like the other thirty-nine clauses in the rest of the volume. I took notice, in my first edition, of the fact that Mr. Thorpe had prefixed to his text of Church-Grith the title found in the Parker manuscript, but not in Nero A. i ; — I might have added, that he has omitted the opening words, ^ The real source of Mr. Thorpe's text is unknown to me. His colla- tion of it with the Parker manuscript exhibits no more than twelve verbal variations ; all slight, and merely clerical. 2 Leges Anglo-SaxoniccB, p. 106. 3 Geseize der Angel-Sachsen, ed, 1858 ; Preface, p. xxii. SUPPLEMENT 393 '■In fioinine Domini^ which are found in Nero A, i, but not in the Parker manuscript. And, if I had then known what I know now, I might have further added (what is of much greater importance) that, aUhough the five first clauses of Church- Grith^ in foHos 96b-97b of Nero A. i, are the same with the five first of the Parker manuscript, the sixth is not found there, nor anywhere else that I can discover. That part of folio 97b is not in all parts easy to decipher, being worn and discoloured ; but the sense of its sixth clause,^ (evidently in pari materia with the preceding clauses, as to penalties for different kinds and degrees of sacrilege), appears to be, that by the North- umbrian law some churches dedicated to St. Peter, St. Wilfrid, and two other saints whose names are not clear, had greater, and others less, privileges of sanctuary, under certain rules and conditions. Such a difference from the Parker manuscript can hardly, I think, be explained on any other view than that taken in Ancient Facts and Fictiofts ; viz., that we have not, in Church-Grith, the text of any legislative enactment, by any king and witenagemot ; but only a draft or project of a pro- posed law, which might well vary (as these two texts do) in different editions or stages. It is of no importance, with respect to the question with which we have to do, that in Nero A. i the exordium 2 of Edmund's laws, after the rubric near the foot of folio 88b, is followed by a text which really contains not Edmund's, but part of Edgar's laws.^ Folio 89a begins with words * which belong to the third clause of Edgar's secular Ordinance ; which Ordinance is continued to the end, on the second line 1 I am indebted to Mr. Warner for a transcript, of so much of it as is legible in an ordinary light ; and to Professor Earle, of Oxford, for a translation. The Northumbrian churches which had great privileges of sanctuary were York (St. Peter), Ripon (St. Wilfrid),. Durham (St. Cuth- bert), Hexham (St. Andrew), and Beverley (St. John). 2 See Wanley's Catalogue [Antiq. Literat. Septentr. lib., p. 212): — No. xiii. ♦ Fol. 88b. Eadmundes Gercednes {quod est tantum Exor- dium legiin Edmundi'). This 'exordium,' or preamble, consists of less than five lines ; agreeing (down to the word which Mr. Thorpe translates ' souls ') with the text in Ancient Laws, vol. i. p. 244. 3 See C, p. 118. * The Saxon equivalent of ' 120 shillings as bot.' — See Thorpe, Ancient Laws, vol. i. p. 267. 394 SUPPLEMENT of folio 90a. This may have happened in one of two ways ; one fold or sheet of parchment, containing the ecclesiastical laws of Edmund and Edgar, and the earlier part of Edgar's secular Ordinance (the uppermost of the folds in that part of the volume), 1 may have fallen out and been lost ; or the scribe may have turned over, inadvertently, more pages than one at a time. Whichever may be the true explanation, the volume was, in that respect, in the same state, when it came into Josceline's hands ; for there is a note of his at the foot of folio 88b (so faint, and in such minute letters, that it might easily escape notice) which was originally in two lines ; but the lower line has been cut ofF,^ probably when the volume was bound in Sir Robert Cotton's time. The upper line, which now remains, is : ' The rest of Edmund's laws and alP : — the sequel having doubtless been, Hhe earlier part of Edgar's^ are wanting.^ The note, thus mutilated, did not bring to the notice of casual observers the fact, that Edmund's laws, beyond their mere exordium, did not follow their proper rubric. This does not appear to have been observed until after Dr. Smith's catalogue of 1695 was made ; for he takes no notice of it ; nor did the framers of the Privy Council list of Sir Robert Cotton's library in 1632 ; nor did the original catalogue at the beginning of Nero A. i, in which a later hand has suggested the correction of Edmund to Edgar. And a later hand (probably the same) has also written, at the top of folio 89a, the words, ' Edgari legil pars.'' This was, no doubt, done after Spelman's time ; for there are elsewhere, in the same hand, one or two marginal notes referring to Spelman's Concilia. It is significant — especially if this manuscript was written (as the Author believes) before the end of Canute's reign — that, while the laws of Athelstan and Edmund have rubrics with those kings' names, there is no corresponding rubric, such as Aethelrede's Geroednes, before the ordinance of A.D. 1008, or either of the succeeding documents. The name of Ethelred is not mentioned. ^ Folios 88, 89, are now the uppermost fold. Two folios would allow sufficient space. * Many of the nnarginal notes, etc., have been so clipped, throughout the volume. SUPPLEMENT 395 From the foregoing account it will be seen, that (with the exception of Be Godcundre Warnunge) there is not in this manuscript any single document which is not inseparably con- nected with that immediately preceding it, by being written partly on the same page. But the unity of the whole ' tract,' and the inseparableness from the rest of those parts which the Author supposes to have been missing from it when in Sir Robert Cotton's hands, may be still further demonstrated. For this purpose the catalogues on which the Author's reliance is placed become evidence against him ; for they all mention among the contents of the volume the ^ Institutes,^ and the laws of Athelstan and Edmund ; and it is demonstrable, from the structure. of the volume, that, if these pieces were in it others belonging to the same 'tract,' — ^ Be Criste7tdome^ '■Be Godcundre Warnunge,^ the ordinance of A.D. 1008, and Grith and Mund (although not mentioned in the catalogues) — must have been there ; and, if so, there is nothing to support the notion, that Chtirch-Grith (as far as it is now in the volume) was not there also. The whole of this manuscript volume is written on parch- ment, folded (generally) ^ as the leaves of modern printed books are ; and in some parts of it the physical continuity of the pair of folios belonging to the same fold is patent to sight and touch. Several such pairs of folios are folded one within another ; the folios formed by the lowest pair of the same bundle being necessarily divided from each other by all those lying above and within it, so that the same piece of parchment constitutes the first and the last folios of that bundle, and so on (the dis- tance diminishing) till the highest fold of the bundle is reached. I have verified in this way the continuity of several pairs of folios, and might doubtless have verified more ; but the following are enough. Folio 74 contains part of the ^Institutes,' which are mentioned in all the catalogues. The other side of the same fold of parchment comes out at folio 79 in the middle of ^ Be Cristendome^ which the catalogues relied on by the Author do not mention. Folio 84 contains the last page of Be Cristendome. The other side of the same fold of parchment 1 Not invariably : the pair of leaves containing the end of Grith and Mund, and all that is in the book of Church-Grith, are an exception. 396 SUPPLEMENT comes out at folio 93, on the second page of which are the rubric and the commencement of Grith and Mimd. Above and within that fold of parchment are all the leaves on which ^ Be Godcundre Warmmge^^ Athelstan's laws, the rubric of Edmund's laws, the extract from Edgar's laws, and the ordinance of A.D. 1008 (down to folio 93) are written. To take the first of those inner folds. Folio 85 contains the two first pages of ' Be Godcundre Warnunge.^ The other side of the same fold comes out at folio 92, which (as well as the greater part of folio 93) belongs to the copy (not mentioned in the cata- logues on which the Author relies) of the ordinance of A.D. 1008. I have thus made the Cottonian volume Nero A. i tell its own tale, which conclusively settles the question ; and, after it, not much need be said of the catalogues. That prefixed to the volume itself ^ enumerates twenty-one pieces : a number which, in Smith's Catalogue of 1695, I'ose to twenty-nine; in Wanley's to 36, and in Plaxta's to 49. The contents of the first half of the volume, specified in that original list, are (i) Canute's Laws; (2) Edgar's Laws; (3) Alfred's Laws (no notice being taken of their imperfect state in the manuscript, or of Josceline's supplement) ; (4) the Institutes; (5) Athelstan's Laws ; and (6) Edmund's Laws (no notice being taken of the fragment of Edgar's laws). Not only were (i) Be Crz'stendome, {2) Be Godcundre Warnunge, (3) the copy contained in the same 'tract' of the Ordinance of A.D. 1008, (4) Grith and Mund, and (5) Church-Grith^ left unnoticed ; but the same was the case as to the two pieces (6) Rofnescot, and (7) Offidu7n justi JudiciSj which in the second * tract ' of the volume came between the chapter-titles and the preamble of Alfred's laws ; beginning (as they both do) ^ on the same page on which the 1 The Author says (C, p. 104) : ' If Lord Selborne had only taken the trouble of reading the original hst of manuscripts on the first page of the volume, he would see at once that the Church Mund and Church Grith are not in the list of manuscripts contained then in that volume.' It would not do to take too seriously the Author's fashions of speech. If he will look at pp. 242 and 287 (note) of Ancient Facts, etc. (pp. 242 and 285 of the first edition), he will see whether I had ' taken the trouble to read ' that list, or not. 2 Romescot is a very short piece, beginning on folio 47 after the con- cluding chapter-title of Alfred's laws, but not filling the whole page. SUPPLEMENT 397 chapter-titles end, and forming (as they do beyond question) original and integral parts of the same manuscript. The ancient addition, at folio 84b, of the Latin extract from St. Augustine, is also omitted : which Dr. Smith's catalogue inserts, while in the other omissions it follows the original list. If it were more difficult than it is to suggest an explana- tion of the absence of any specification in this catalogue of those pieces included in the second and ' fourth ' tracts which it omits, those omissions could not be set against the evidence of the book itself But it is to be observed, that it purports to be a catalogue ' Tractatuum,^ and not of all the pieces included in every ' Tractatus? Its framer (some amanuensis doubtless of Sir Robert Cotton, if not himself) appears to have thought it sufficient to note, as to each ' tract ' which had no general title of its own, those things in it which he regarded as of special importance, without multiplying the entries by giving a place to what may have seemed to him secondary matters, occurring in the same ' tract ' under rubrics more or less obscure. Be this as it might, his mention of pieces, inseparable from others as to which he was silent, really proves that those others were there at the same time, although he did not mention them. The Author appears 1 to attach importance to the general list of the Cottonian Library drawn up by order of the Privy Council in 1632. But it adds nothing, so far as Nero A. i is concerned, to the original catalogue in the volume itself The purpose for which that list was made out was to discover whether the Library contained anything which could be claimed as public property, or might be dangerous to the State. For this it could not be necessary to look, in Nero A. I, beyond the Table of Contents prefixed to it ; and it is manifest that the framers of that general list did this, and no Then, on the same page, follows the longer piece, Wanley's Officium justi Judicis, continued to folio 49b, which Josceline has filled up, after its last hues, with his extract from Bromton. All this (except what Josceline wrote) is in the same ancient writing with the chapter-titles, and with the preamble (which follows at folio 50a), of Alfred's laws. ^ C, pp. 99, 100. At p. 104 the Author says : ' The original list, and no more, is in the Catalogue of 1632.' In point of fact, it is less, rather than more. 398 SUPPLEMENT more. This is their enumeration: (i) Caniiti Edgari et Aluredi Regum Leges j (2) Lnstitutio Regum^ etc. (in the words of the Nero catalogue, with the omission only of one superfluity ^ ) ; (3) Athelstatii et Edmundi Regum Leges ; (4) Officiu7n episcopi^ etc.^ breviter (abridged from the seventh item, and probably meant to include the twelfth, of the Nero catalogue) ; (5) Sermo Lupi, etc. (in the words of the Nero catalogue, except that it gives the date in a shorter form, anno stil. 1014); (6) Sermo brevis pareneticus ad Dei cultum; (7) ^ Anglo-witena gerednesse^ i.e. Sapientum et optimatuni regni A7iglicB consilium Ad?totatur recenti charactere Parliamentum fuisse anno 1008.' The two last items are in the exact words of the 14th and 15 th entries in the Nero list. A stream cannot rise higher than its source ; this Privy Council list cannot prove more than the other from which it was taken. 1 have said enough upon this side-issue of the Author. There remain two points, which I reserved as having some indirect bearing upon the principal question : — ( i ) as to the (so-called) Excerptions of Egbert, and (2), as to the gloss on one of Dunstan's canons. § 8. Odd's Inju7ictions and '•Egberfs Excerptio7is.^ The Author says : 2 < Odo's Canons ' (they are not Canons) * were compiled from Egbert's Excerptions and [the] Legatine Injunctions.' As to the Legatine Injunctions, I have shown, in parallel columns,^ what passages in them were repeated by Archbishop Odo. But for the statement, that anything in Gdo's Injunctions was taken from * Egbert's Excerptions,' there is no foundation in fact. Those Injunctions and the * Excerptions ' have nothing in common, except a quotation by Odo (as to nuns only) from a sentence of anathema against incestuous marriages by a Roman Council under Pope Gregory II., which is extracted, more at large, in the 'Excerptions.'^ ^ i.e. seu officia, after ' hutitutis.' 2 C, p. 88. ^ AF, Appendix B, p. 325. * See for Odo's Injunctions, Spelman's Concil., vol. i. p. 415. The quotation from Pope Gregory is in the 7th Injunction ; the ' Excerption ' here referred to is the 131st (Thorpe, Ancient Laws, etc., vol. ii. p. 117). SUPPLEMENT 399 There is, beyond this, some correspondence (not verbal, but of matter) between the rule of monastic duty laid down by Odo in his sixth Injunction, and a Canon of Orleans of A.D. 501, and a precept of Archbishop Theodore, both extracted in the 'Excerptions.'! But that matter was co77iinunis juris in the Church, as may be seen {e.g.') from the 29th Canon of the Council of Cloveshoo, held under Archbishop Cuthbert in A.D. 747.^ If Odo (educated at Fleury^) had quoted directly from the Canon of Orleans, or from the precepts of his famous predecessor in the Primacy — as he did from Gregory the Second's sentence of anathema — there would be no ground for supposing that he obtained his knowledge of those authori- ties at second-hand ; much less, that there was no compilation or treatise, other and earlier than the ' Excerptions,' * from which it might have been derived. § 9. The gloss on DunstatHs $sf/i Canon. I have commented, in Ancient Facts and Fictions^^ upon a gloss on one (the 55th) of Dunstan's Canons, found in a manuscript copy of those Canons now in the Bodleian Library, which Mr. Thorpe considered to be of the tenth century, but which (as to the gloss) I proved to be not earlier than Church-Grith. That Canon relates to the distribution of the people's alms by the priests ; the gloss appended to it is : * // is rights that one part be delivered to the priests^ a seco7id part for the need of the Churchy a third part for the poor.^ I proved the commentator to have copied verbatim from three articles ^ of Church-Grith^ in another of his glosses on another of Dunstan's Canons (the 60th, relating, not to alms or tithes, but to the chastity of priests), in the same manuscript. The proof was complete : if it had been necessary to go beyond 1 'Excerptions,' Arts. 63 and 67 (Thorpe, vol. ii. pp. 106, 107). 2 Johnson's Laws and Canons, vol. i. p. 261. 3 See AF, p. 208. ^ Such, e.g. , as the Staiuta Synodorum of Odo's own time, which was in the Conventual Library of St. Augustin's Abbey, Canterbury (AF, p. 248). 5 AF, pp. 263, 264. ^ Arts. 28, 29, 30 (AF, pp. 264, 341, 342). 400 SUPPLEMENT the evidentia rei^ exhibited in my notes by giving Mr. Thorpe's translation of the text of both documents, I might have strengthened it by adding the Anglo-Saxon text/ and by referring to the fifth article of the Council of Enham,^ and the ninth article of the Ordinance of a.d. iooS,^ both in pari inateria \ but in which some particular phrases, and some additional matter, which are found both in the gloss and in Church-Grith^ do not occur. Of this argument the Author takes no notice. He seems to think* that the difference between alms and tithe (though in the same breath he asserts that ' alms ' in the Canon included tithe) is sufficient proof that Church-Grith was not the source of the gloss on the 55th Canon. He propounds as 'probable' a strange conjecture of his own, ' that the Bodleian manuscript was a gloss made in the tenth century on the original copy of the Canon ; ' and he insists on ' Mr. Thorpe's commanding position as an Anglo-Saxon scholar;' saying that I date the manuscript ^ a century later than Mr, Thorpe.^ Instead of a century, the difference on that point between Mr. Thorpe and myself need not be more than some fifteen or sixteen years ; for anything earher than A.D. 1000 was in the tenth century. When the question is of the date, within less than twenty years, of an Anglo-Saxon manuscript, I cannot be persuaded that the opinion of any archaeologist, however * commanding ' his position, ought to be preferred to the internal evidence of the document itself, when it is (as in this case) strong and clear. § 10. Legatine Injunctions and Athelstan^s Tithe Ordinance. There are many other things on which I might have been tempted to observe if I could afford space for them ; such {eg.) as the notions advanced by the Author in opposition to my criticisms of the Legatine Injunctions of a.d. 7 8 5-7, ^ and of King Athelstan's Tithe Ordinance. ^ If I understand him 1 Thorpe, Anc. Laws, vol. i. p. 346. 2 Ibid., p. 317. ^ Ibid., pp. 306, 307. * C, pp., 86, 87. " KY, pp. 144-167. ^ Ibid., pp. 183-185. In a note at p. 184 I had spoken as if the same Anglo-Saxon MS. which contains Athelstan's Tithe Ordinance also con- SUPPLEMENT 401 rightly, his opinion is,^ that everything done by an Anglo- Saxon king, with the consent of any of his councillors selected by himself who would have voice and vote in a Witenagemot, although bishops only,^ and whether the matter was ecclesi- astical or civil, had the force which an Act of Parliament would have in modern times ; and that, although upon the face of the record something different from legislation might appear to be intended, and though the thing might be done in an assembly presided over by an Italian Legate delivering a Pope's spiritual injunctions for the submissive acceptance of all present, and though strangers, who could not have a place in a national Witenagemot, might be present and taking part in those proceedings. He seems to think that the classification of any document by Mr. Thorpe as a ' law ' is enough to prove that it was an enactment by a king with the consent of a regularly-constituted Witenagemot. But Mr. Thorpe, not- withstanding the note in his preface^ to which the Author refers, has certainly included in his first volume a considerable number of documents, on the face of which there is not a word either claiming that character, or making it probable that they could have possessed it ; of which Grith and Mund is one notable example. And Mr. Thorpe's ideas of the constitu- tion of a National Witenagemot in Anglo-Saxon times were not so loose as those of the Author.* It is difficult tained that king's secular Ordinances of Greatanlea. But, in point of fact, there is no MS. which contains both ; as there are, in other cases, under Edmund, Edgar, and Canute, when civil and ecclesiastical laws, distin- guished from each other, were enacted at the same time. (See Thorpe, Ancient Laws, vol. i. pp. 194-215 ; and 244-5, 246-7, 262-3, 266-7, 358-9-) ^ C, pp. 71-74. 2 The Author (p. 72) places on some words of Bishop Stubbs the con- struction, that King Athelstan's letter to his reeves, ' with the counsel of the bishops,' was in a formula proper to signify the concurrence of a re- gular witenagemot with the king. It is impossible that the bishop could have meant to deduce a general conclusion to that effect from a single example, about the import and effect of which there was controversy ; and this is a case which stands alone, among the documents which Mr. Thorpe has collected. If he did, I must respectfully demur to such an induction. 3 Thorpe, vol. i. Preface, p. xiv. 4 Ibid., vol. i. pp. 190, 191 (note). And see Glossary at the end of Mr. Thorpe's second volume, in voce 'Witenagemot.' 2 D 402 SUPPLEMENT to suppose that Mr. Thorpe intended to pledge his repu- tation to the accuracy of all the titles under which he has classified or described particular documents : such {e.g.^ as ' Leges Regis Edwardi Confessoris^^ ^ and * Excerptiones Ecgberti Eboracensis Archiepiscopi? ^ As to the ' Leges Regis Henrici Primi^^ ^ we know that he did not. It is but justice to him to add, that (although he prints some documents which are extant in Latin only) he gives no place in his collection of laws of the Anglo-Saxon kingdoms to the Legatine Injunctions of A.D. 795-797. ^ Thorpe, vol. i. p. 442. ^ Ibid., vol. ii. p. 97. ^ Ibid.t vol. i. p. 497 ; and Preface, p. xiv. INDEX Abbo, 36, 37, 65, 209 note, 210, 217 Abingdon Monastery, 124, 171, 199, 203, 211, 311 Adrian I., Pope, 3, 5, 7, 9, 49, 144, 146, 148; Abbot of St. Augustine's, Canterbury, 124 Aelfric, Archbishop of Canterbury, 249, 250, 254 ; Archbishop of York, 249-252 ; ' the Grammar- ian,' 212, 231, 249-254, 264, 265; his 'Canons,' 255-262; other Aelfrics, 250 note Aelfvvald, King of Northumbria, 157, 159 Ahlstan, Bishop of Sherborne, 201, 202, 206 Ahyto, Bishop of Basle, 30 Ailred, Abbot of Rievaulx, 108, Aimonius, biographer of Abbo, 65 Aix-la-Chapelle, capitulars of (a.d. 816), 62, 63, 84-86, 112 Alcuin, 5 note, 77, 125, 138, 142, 148 note, 169, 170, 231, 233, 234 Aldhelm, Bishop of Sherborne, 125, 251 Alexander the Great, Edgar com- pared to, 212 Alfred, King, 172, 179, 180, 207, .271, 287; his Laws, 179- 181, 271, 282, 287 Allen, John, 196, 197, 198, 306 Altsig, Abbot of York, 59 note Amulo, Archbishop of Lyons, 60 Andain, St. Hubert's monastery, 38-42, 229 note, 231, 232, 240, 242 Andover, laws made at, 219 Angilram, Archbishop of Metz, 1 1 Anglo-Saxon Chronicle, 141, 151, 187, 195 Anglo-Saxon Church (first period), 99-123; (second period), 124-168; (third period), 169-206 ; (fourth period), 207-316 Anlaf, King of Norway, 271 Ansegisus, Abbot of Fontenelle, 10, 31 Apostolical canons, 14, 24 Appropriations of churches, 224 ; of tithes, 63-68, 224, 307-316 Archbishops of Canterbury — Au- gustin, 99-103, 151; Mellitus, 109 ; Justus, 109 ; Honorius, 109, 112- 116, 219; Theodore, 99, 110-112, 173, 219, 264, 265 ; Brihtwald, 99, 126 ; Tat wine, 126; Nothelm, 126; Cuthbert, 126, 128, 129 ; Jaenberht, 147, 151, 156; Ethelhard, 231; Wulfred, 174-177, 219; Pleg- mund, 171, 172 note, 207; Wulf- helm, ,184 ; Odo, 99, 154, 208, 209, 218; Dunstan, 208-218, 241, 250, 253, 264; Aelfric, 249, 250; Alphege, 274, 275 note ; Ethelnoth, 290 ; Anselm, 296, 297 ; Becket, 296 ; Bald- win, 270 ; Peccham, 226 j note 404 INDEX Archbishops of York — Paulinus, 109; Egbert, 125, 129-131, 173, 227-245; Eanbald, 148 note, I57j 231; Wigmund, 59 note; Oswald, 79, 208-210, 213, 217, 233, 249; Wulstan, 230, 233, 251, 262; Aelfric Putta, 249, 250 note, 251, 252 Ardennes, 37, 44 Arnulph, Bishop of Orleans, 65, 210, 218 Arsaces, Edgar compared to, 212 Arthur, King, Edgar compared to, 212 Artois, 37 Asser, 141, 172 note, 190, 195, 207 Athelstan, King, 183, 212, 248, 249, 271, 282, 284, 285 ; his Laws, 183-185, 271, 282, 400 Auerbach, 53 note Augustin of Canterbury, 99-103, 151 ; Bishop of Orleans, 244 Augustine, St., 41, 248 Austrasia, 42 Bale, John, 245 note Balsamon, 75 note Baluze, 11, 40, 60, 229'; and many references in notes Baptismal churches, 57-60, 71-73, 91, 92, loi, 122, 126, 173, 220, 223, 226 Bardney Monastery, 171 Baron, Mr., 250 note, 381 Bath Abbey, 140 Battle Abbey, 309, 311 ; Chronicle of, 309* 310 Beauvais, diocese, question as to tithes, 93 Bede, 107, 117, 120, 121, 124, I29-I33» m^ 172, 232, 233 Benedict, Biscop, 124 note Benedict, Levite, 10, 33, 83 Benedict, St., 103, 257 Benedictine Order, 102, 103, 208- 216 Benefices, ecclesiastical, 94, 95 ; lay, 72 Beohrtric, King of Wessex^ 151 Bernard, first Norman Bishop of St. David's, 315 Berlin, St., monastery of, 211 note, 233 Birch, Cartularium Saxomcum, 196 and references in notes Bishoprics, Anglo-Saxon, 108-112, 214 Bishops, their power over church revenues, 24-26, 70-74, 137; their share of church revenues, 27, 30, 32-36, 69, 70, 95, 96 Blackstone, Sir William, 32, 197, 219 Bocland, 196, 198, 220, 223, 224 Boniface, St., Archbishop of Mentz, 125, 128, 137, 172 Boxgrove Abbey, 311 Brabant, 37 Brewer, J. S., 228 note, 360 British Church, ancient, 1 00- 102 Bromton, Abbot of Jorvaulx, 138, 139, 271 Burchard, Bishop of Worms, 19, 81 note, 83 Burial-grounds, 61, 173, 220, 222, 223 Cadillac, 314, 351 Coesarius, Archbishop of Aries, 47 Camden, William, 113 Canon Law, ancient Roman, 9, 24, 49 ; modern Roman, 20, 91 Canons, Anglo-Saxon, of Hertford, 127, 128 ; Archbishop Cuth- bert's, 133-136; of Legatine Councils (A.D. 785-787), 160- 167 ; of Archbishop Wulfred, 174-177; of Archbishop Dun- stan, 216, 217; of Enham, 274- 277; pseudo - Nicene, 76; so- called, of Aelfiric, 255-262 Canterbury, Primacy of, 108, 109, 147-149, 151, 152; Cathedral, 128, 198; Monastery, 124, 247, 311 Canute, King, 177, 193, 271, 277 note, 279, 282, 287, 298, 299; INDEX 405 his laws, 287-292, and Ap- pendix E Capitulare Episcoporum^ 36-45, 57, 217, 218, 225, 227, 232, 258, 262, 268, 269, 281 ; Metz MS. of, 38-40, 57, 232, 243, 258; Andain MS. of, 39-41, 227, 229, 231, 232, 236, 237, 243, 258- 262 ; both texts collated. Ap- pendix A, Suppl. 373 Capitulars of Frank princes, 3, 4, 25j 27, 41, 50, 51, 57, 61, 64, 71, 72, 73, 81, 84 note, ^T, 88, 242 Carisbrooke, tithes of, 353, 354 Caroline Books, 5 CartulariumSaxonicum, Birch, 196 Cassian, 59 Centenarions, 59 Chalchyth, Legatine Council of, 144-167, Suppl. 400 Chale, tithes of, 353, 354 Chapels, 56, 81, 89, 173 Charlemagne, 3, 4, 5, 6, 7, 8, 42- 44, 61, 146-148 Charles the Bald, Emperor, 64, 73,88 Chester-le- Street, Bishopric of, 171 Chinnor, tithes of, 355, 356 Chrodegang, Bishop of Metz, 269 Church appointments, under Frank princes, 6, 7 ; in Spain, 6 Church- Grith, Of, document en- titled, 222 note, 263, 278-289, 292, Append, E, Suppl. 371-395 Church-scot, 181 note, 218, 220 Clement of Rome, his pretended epistle to St. James, 14, 15, 19 Clergy, their share of church re- venues, 27, 70, 71 ClovisL, 3, 35, 42; II., 65 Codex Diplomaticus, Kemble, 196, and references in notes Co-heirs of churches, ^t^. 84 Comber, Thomas, Dean of Carlisle, 186, 308, 312, 358, 359 Condros, 43 * Congrua portio,' 224 Consecration of churches, 81, 120, 297 ; of tithes, 90, 308-316; charters, 313-316, and Ap- pendix H Constantine the Great, his pre- tended Donation, 14-18 Constantine, monk of Fleury, 233 Corbey Abbey, 77, 79, 211, 233 Cornwall, Bishopric of, 171 Councils, English — Chalchyth (a.D. 785-787), 143-151; (A.D. 816), 174-177; Cloveshoo (a.D. 747), 126, 133-136; (A.D. 803), 99, 147 ; Enham (or Eanham), 273- 278; Geddington (a.d. 1188), 194; Hatfield, 117; Hertford, 9, 117; Winchester (a.d. 975), 213, 217 Councils, Foreign — Antioch, 24 ; Aix-la-Chapelle, V., 62, 84-86, 112, 243 ; VIII., 7 ; Aries, VI., 5 note, 25 note, 42, 62, 242 ; Braga, I., 34; H-, 34. 55 note, 218; Chalcedon, 55, 59, 75 note; Chalons, II., 25; III., 5 note, 83 ; Clermont, IV., 67 ; Frankfort, 25 note, 72 note, 73, 81 ; Lateran (a.d. 1078), 66 ; III., 68, 297, 308, 309-311; Macon, II., 47, 48; Martzen, 31 ; Mentz, I., 5 note, 25 note, 42, 62, 72 note, 242, 243 ; III., 25 note, 31, 62 ; Merida, 34, 55 note; Metz, V., 90; Neo- Caesarea, 257 note; Nicsea, I., 256, 265; II., 5; Orleans, I., 245 35> 75j 81, 218; III., 26; Paris, v., 6 note; VI., 30, 32; Pavia, I., 25 note, 64 note ; II., 25 note, 63, 64 note ; Poictiers, 67; Ravenna, 89; Rheims, II., 5 note; Rome (a.d. 848-854), 82 ; Rouen, 49 ; St. Denis, 65 ; Salzburg, 30; Seville, I., 49; II., 55; Tarragona, 33; Thion- ville, 30 note; Toledo, III., 25; IV., 32, 33; IX., 33, 81, 82; XII., 6; XVI., 32, 33, 218; Toul, I., 73; Tours, II., 4, 7, 8; III., 5 note, 41, 51, 52; 4o6 INDEX (a.d. 1 163), 6^ ; Tribur, 31, 61, 88; Verneuil, I., 57, 58; II., 59 note; Worms, I., 31, 71 note, 75, 88. Crediton, Bishopric of, 171, 235, 241, 252, and Appendix F Crowland Abbey, 124, 171, 311 ; charters, 178 Customs of churches, 26 Cuthbert, St., 107, 121, 129, 130; Archbishop, 126, 128, 129, 130- 136 Cynethryth, Queen of Offa, 142 note D'Agnesseau, Chancellor, 95 Danegeld, 302 Danes, their ravages, 168 -171; their government in East Anglia under Alfred and his son, 180 ; in Ethelred's time, 272, 287, 375 Dauphine, modern custom of, as to division of tithes, 91 note Decimation, principle of, 194 Decretals, forged, of Isidore 'Mercator,' i, 2, 13-19, 244; of Pope Gregory IX., 64 note, 67 note, 68 note, 82 note, 93 note ' Decuriones,' 59 Denis, St., Abbey of, 211 note, 233 Diceto, Ralph de, Dean of St. Paul's, 141, 147 note, 150, 190, * Dioecesis,' of a baptismal church, 55, 56 note, 61 Dionysius ' Exiguus,' 9, 24 note, 47, 49 note Dominicans, 80 note 'Dominium,' of parochial endow- ments, 95 Dorchester, Bishopric of, no, in, 171 Ducange, 36 note, 56 note, 73 note, 77 note, 79 note Dugdale, Sir William, 314 Dunne, officer of King Ethelwulf, 205 Dunstan , Archbishop, 208 -218, 241, 250, 253, 264; his Canons, 216, 217 ; glosses on them, 263, 264, Suppl. 399, 400 Dunwich, Bishopric of, no Durham, Bishopric of, 171 Eadbert, British Bishop of Lin- disfarne, 107 Ecclesiastical Institutes^ translated from Theodulph, 262, 299, 361 Echard, History of England, 186 Edgar, King, 173, 177, 178, 193, 212-216, 219-226, 253, 271, 272, 278, 284, 285, 286; his laws, 219-226, 271, 272, 282, 286, 289, 294, 295, 301, 304, 305, 307, 376-7 Edgar Atheling, 304 Edmund, King of England, 155, 212, 218, 271, 284, 285 ; his laws, 218, 271, 282 Edmund Ironside, 286 Edmund, St., King of East Anglia, 210 Edred, King, 178, 209, 212 Edward, King, the Elder, 172, 180, 182, 207, 271 ; his treaty with Guthrum II., 180-183, 271 Edward, King, the Martyr, 276, 285, 304 Edward the Confessor, King, 235 note, 289, 300-309; laws as- cribed to him, 300-306 Edward III., King, 310, 311 Edwy, King, 212 Egbert, Archbishop of York, 125, 1 29- 1 31, 173; his 'Penitential,' 136, 229, 231, 232, 233, 236, 237, 241 ; his * Dialogue,' 136 ; ' Excerptions ' attributed to him, 40, 177, 241-245 Egbert, King, 147, 170 * Egbertine ' compilations of tenth or eleventh centuries, 227-245 ; Bodleian ' Penitential,' 229, 235- 241, and Appendix C ; Cottonian •Excerptions,' 229, 241-245; Parker manuscript in Corpus Christi College, Cambridge ; 229- 235 ; fragment in National Lib- INDEX 407 rary at Paris, 229, 236 ; collation and comparison, Appendices A and D, Suppl. 370, 398 Egferth or Egfrid, son of Offa, 151 Elmham, Bishopric of, III Elm ham, Thomas of, 1 1 6, 117, 120-122 Ely Monastery, 171 Enham or Eanham, Council of, 273-277 Ercombert, King of Kent, 113 Ethelbald, King of Mercia, 198 Ethelbert, King of East Anglia, 141 Ethelbert, King of Kent, 181 Ethelbert, King of Wessex, 170 Ethelred I. , King of Wessex, 1 70 Ethelred the Unready, King, 193, 217, 250, 252, 253, 271-287; his Laws, 271-278 ; his supposed law for partition of tithes, 278- 287, Suppl. 386, 394 Ethelric, Bishop of Sherborne, 250 note Ethelward, Chronicle, 141, 188 Ethelwold, St., Bishop of Win- chester, 208, 209, 211, 213, 217, 249 Ethel wulf. King, 59 note, 170, 179; his charters, 186-206, 313? 371 Eucharist, Holy, Aelfric's doctrine concerning, 231, 258 Evesham Abbey, 124, 171 Exeter, Bishopric of, 235, and Appendix F Exeter 'Penitential,' in Bodleian Library, 229, 235-241, and Ap- pendix C Exeter Rule for Secular Canons, 264-270, and Appendix G Exhall parish church, its charter of consecration and endowment, 315, and Appendix H Eye Monastery, 311 Fabric-funds of churches, 71 * Familia,' 44, 66, 73 Ferrieres, Abbey of, 138 Feudalised tithes, 63, 224 Field-churches, 223 Finan, St., of Lindisfarne, lio Flamens of ancient Rome, 2 Flanders, Dunstan's flight to, 212 Fleury, Abbey of, 36, 79, 209-212, 214, 217, 233, 234 Florence of Worcester, 140, 151, 190 Folcland, 196, 197, 202, 204, 206 Forged decretals of early Popes, I, 2, 13, 14-19 Franciscans, 80 note Freeman, E. A., 250 note, 281 French Annalist, quoted by Selden, 189 Gelasius, Pope, 27, 81 George, Bishop of Oslia (a.D. 785- 787), 146, 148 note, 131-153, 156 Gerald, monk of Fleury, 66 ' Gerocomia,' of Eastern Church,* 75 Gervase of Canterbury, 141, 207 note, 276 note Ghaerbald, Bishop of Liege, 42, 45, 57, 58 Ghent, St. Peter's Monastery at, 212, 214, 217 Gildas, 247 Giraldus Cambrensis, loi, 194 Glastonbuiy Abbey, 124, 181 note, 211, 212 Gloucester, Robert of, 189 Godwin, De Prcesulibus, 114 Gratian's Decretum, 2, 7, 8, 19, 25 note, 26 note, 46, 49, 55 note, 56 note, 58, 60, 61, 63, 64 note, 66 note, 67 note, 79, 81 note, 82, 83, 91, 92 Gregory the Great, Pope, 26, 28, 66, 69, 70, 74, 103, 108, 151, 216, 248 Gregory VII. , Pope, 7, 25, 66 Grim bald, 172 note Grith and Mund, Of, document entitled, 278, 279, 282, 288, 390 Guisborough Abbey, 311 Guthmund of Norway, 271 Guthrum I., his treaty with Alfred, 180 4o8 INDEX Guthrum II., his treaty with Edward the Elder, 180-183 Habam, King Ethelred's Laws of, 193, 271-273, 281 Haddan and Stubbs, Councils, 106, 121, 122, 152, 178, 196, 200, 206, 229, 231, 232, and Appendix C, references in notes very frequent Hardiknute, King, 304 Hardyng, rhyming Chronicler, 192 Harescombe, tithes of, 354, 355 Harold I., King, 245 Harold II., King, 304 Hasbain, 44 Hasfield, tithes of, 354, 355 Hay, parish church, charter of con- secration and endowment, 314, 315, and Appendix H Helmstan, Bishop of Winchester, 201, 202, 204 Henry the Fowler, Emperor, 8 Henry I., King of England, 242, 289, 306, 315 ; laws ascribed to, 306, 307 Henry III., King of England, 310 Herard, Archbishop of Tours, 63 Hereford, Bishopric of, in Hexham, Bishopric of, in, 170 Higher t, Archbishop of Lichfield, 151, 152 Higden, Ralph, 150 Hincmar, Archbishop of Rheims, II, 13, 30, 52, 73, 74, n, 78, 86, 88 Hinschius, Decretales Pseudo-Isi- doriance, lO note, 13 Holinshed, 139, 191, 192 Honorius, Archbishop of Canter- bury, 109, 112-116, 219 Hook, W. F., Dean of Chichester, 119, 147, 168, 249, 250 note, 273 note, 275 note, 290 Hospitality, ecclesiastical duty of, 23, 69, 74, 75, 225, 226 Hoveden, Roger, 141, 150, 187, 188 Howel Dha, Prince of Wales, his Laws, loi note, 102 Hucarius, 245 Hume, History of England^ 115, 186 Hunsige, thane of King Ethelwulf, 205 Huntingdon, Henry of, 141, 150, 151, 188 Image-Worship, 5 Ina, King of Wessex, 126, 127, 150, 181 ; his Laws, 127, 271 Ingilram or Angilram, Archbishop of Metz, II Ingulph, 140, 178, 191, 193, 195, 199 Instthites of Polity, 222 note, 252, 285, Suppl. 391 Investiture, of bishops, 7 ; of parish priests, 296 Irish Church, ancient, loi, 103, 157, 248 Isidore, Archbishop of Seville, 13, 247 ; the forger, i, 13-19, 244, 279 Ivo, Bishop of Chartres, 19, 49, 83 J ARROW Monastery, 124, 170 Jerome, St., 46 John, deacon, biographer of Gregory the Great, 244 John, King of England, 310 John, King of the Franks, 65 John, ' Scotus Erigena,' 172 note, 207 Johnson, John, 158 note, 228, 245 note ; 283, 300, and other re- ferences in notes, Suppl. 381 Josceline, secretary to Archbishop Parker, II 2, 1 13, 115, 122, 123, 283, Suppl. 389, 390 ^ Jouy, Louis Fran9ois, his work on tithes in France, 68 note, 89 note, 91 note, 224 note, 225 note Justin, Prince of Norway, 271 Kanefield, tithes of, 357 INDEX 409 Kemble, Codex Diplomaticus^ 196 note, 200, 205 ; Saxons in England, 76 note, 180, 201 note, 206, 228, 290 Kennett, Bishop, 32, 114 note, 225, 226, 299, 300, 308, 314, and Appendix J Kenwulf, King of Mercia, 147 note, Kenwulf, Kingof Wessex, 151, 156 Lambarde, William, 197, 283,380 Langtoft, rhyming Chronicler, 192 Lappenberg, Dr. J. M., his History^ 121, 129, 130, 290, 291, 292 Lapse of private patronage to Bishops, 297 Latin translations of Anglo-Saxon laws, 271, 378-380 Laws of Ina, 127, 197 note, 271 ; of Wihtraed, 127, 128, 198; of Alfred, 1 79-181, 271, 282, 287; of Athelstan, 183-185, 271, 282; of Edmund, 218, 271, 282; of Edgar, 216-226, 281, 282, 286, 289, 294, 295, 307 ; of Ethelred the Unready, 271-287 ; of Canute, 279, 282, 287-295, 299, 301, 305, 307 ; of Edward the Confessor, - 300-306 ; of William the Con- queror, 304-306; of Henry I., 306, 307 Lay grants of tithes, 63-68, 307- 316, and Appendices H, I, J Legatine Injunctions of Chalchyth (A.D. 785-787), 144, 145, 160-167 Leicester, Bishopric of, iii 171 Leland, John, 245 note Le Mans, early grant of tithes to nuns, 65 ; Ordinance of Henry n., King of England, 194 Leofric, first Bishop of Exeter, 235, 241, and Appendix F ; his Rule for Secular Canons, 264-270, and Appendix G Lewes, Abbey, 311 Lichfield, Bishopric of, iii note, 112, 147, 149, 151, 152 Liege, Bishopric, in Charlemagne's time, 43, 57, 58 Light -scot, 180 Lindisfarne Monastery, 169, 170; Bishopric, iii, 170 Lindsey, Bishopric of, iii, 171 Lingard, Dr., 155, 177, 206, 228 Livingus, Bishop of Crediton, translated to Worcester, 241 Lombard Laws, 51, 72 note, 87 London, Bishopric of, 108, 109, 212 Loortz, 43 Lorraine, 37, 42, 235, 268 Lothair I., Emperor, 4, 8, 53, 87 Louis the Pious, Emperor, 7, 8, 49, 53, 84-86, 112, 177,233,243 Louis n., Emperor, 54, 60, 64, 87 Ludlow, Judge, temp. Edward HL, * Luminaria,' 71 Lupus, Abbot of Ferrieres, 59, 61 note Lupus, author of discourse to the English (A.D. 1014), 287, 375 Luxemburg, 37 Lyndewode's Provinciale, 2.2.(i note, 311 Mabillon, Anahcta Vetera, 65 note Magdeburg Centuries, 153, 154, .155, 156 Malmesbury Abbey, 124, 17 1, 200, 251 Malmesbury, William of, 141, 148 note, 189, 195, 196, i'99, 250 note, 251, 268, 269 Manorial churches, 219, 220, 221, 222, 223, 224, 225, 295-298 Mansi, Concilia, 38 note, 40 note, 53 note, 229, 244, 245 note, and frequent references Marculfus, his Forms, 86 note, 314, and Appendix H Martene and Durand, 38, 53 note, 233, and references in notes * Matrices ecclesioe,' 56, 61 note, 1^, 303 4IO INDEX ' Matricula,' 77 ' Matricularii, ' 77, 78 Matthew Paris, 142, 147 note Mayo, Bishop of(A.D. 785-787), 157 Melrose Chronicle, 141 Metz, Monastery of St. Vincent, 37, 38, 40, 43 Milman, H. H., Dean of St. Paul's, 54 note, 55 note, 186 Milton, 195 Minsters, 56, 127, 220, 221, 222, 223, 224 ' Missi Dominici,' 4 Monastic tithes, 64-68, 79, 80; exemptions, 64 Monks, before Benedict, 102, 103 ; their participation in alms of the Church, 79, 80 Montreuil Abbey, 67 Mores, E. R., his work on Aelfric, 249 Muratori, 53 note, 54 note Nasmith, his catalogue of manu- scripts in Library of Corpus Christi College, Cambridge, 230 note, 265, and other references * Ninths and Tenths,' 72 Northumbria, kingdom of, 170, 179, 393 Northumbrian schools, 106 Noy, Attorney-General to Charles I., 225 note Odo, Archbishop of Canterbury, 154, 15s, 208, 209, and Appen- dix B, Suppl. 398, 399 * Oeconomi ' of churches, 55 OfFa, King of Mercia, 99, 138-143, 146-148, 151, 156, 159, 170-181 ; Lives of two Off as, 141, 149 Oratories, private, 25, 56, 72, 81- 84, 173 Orleans diocese, customs of, 36, 37, 217, 300 ' Orphanotrophia' inEasternChurch, 75 Osgar, Abbot of Abingdon, 211 Osney Abbey, 311, Appendix J Oswald, St., Bishop of Worcester, 79, 208, 209, 210, 213, 217, 249 Oswald the younger, monk of Worcester, 210, 211 note, 234 Otgar, Archbishop of Mentz, 10 Othelon, biographer of St. Boni- face, 76 Otho I., Emperor, 7, 8 Otho III., Emperor, 8 Oxford University, complaints of, under Henry V., 226 note ' Pagenses presbyteri,' 59 Palatine MSS. in Vatican Library, 38, 230 Papacy, i, 2, 8 Paphnutius, 239, 256 note Paris diocese, custom of, 30, 37, 217 Parker, Matthew, Archbishop of Canterbury, 112-114,1 22, 229, 283 Parnynge, Chief Justice Sir Robert, 310 * Parochia,' its different senses, 56 note, 62, 115, 117, 127, 129, 299 ' Parochiae rusticanse,' in France (a.d. 874), 86, 88, 89 Parochial system, modern, 83-95, 173, 219, 224, 295-298, 307-316 ' Parochiales ecclesiae, ' in Portugal (A.D. 610), 34 ' Parochitanae ecclesise,' in Portugal (a.d. 666), 34 note Pastoral Epistle of Aelfric, 252 Patrick, St., 248 Patrons of churches, 295-297 Paul, deacon of Aquileia, 5 Paulinus, first Archbishop of York, 109 'Pauperes Christi,' 75, 79, 80 * Peculium, ' its ecclesiastical sense, 94» 95 * Penitentials ' of Archbishop Theo- dore, 106, 118, 119; of Bede, 232 ; of Archbishop Egbert, 136, 229, 231, 232, 233, 236, 237, 241 ; in Bodleian Library, 229, 235-241 Pepin I. (or Pippin), King, his law of A.D. 794, 40 note, 72 note, 269 INDEX 411 Pershore, Abbey, 181 note, 311 Peterborough Abbey, 124, 171 Peterborough, John, Abbot of, 7 note, 141, 191 Peter's-pence, 138, 150, 180, 218, 221, 291, 292, 307 Picardy, 37 Pithou, Codex Canonum Vetus, 65 note, 66 note Pitseus, 211 note ' Plebes,' public churches, 56,60, 73 Plough-alms, 180, 218 Polydore Vergil, 139 Ponthieu, 234 Poor, their interest in church revenues, 23, 24 ; how re- lieved, 74-80, 215, 216, 267 Popes— Adrian I., 3, 5, 7, 9, 49, 144, 146, 152, 168 ; Alexander III., 67, 296 ; Anastasius, 9 ; Boni- face VIII., 194; Calixtus II., 68; Eugenius III., 19; For- mosus, 171 J Gelasius, 27, 28, 70, 81 ; Gregory I., 26, 28, 69, 70, 74, 103, 108, 214; Gregory VIL, 7, 25, 66; Gregory IX., 80 ; Innocent III., 20, 68 note, 79 note, 82, 93; John VIII., 244; John IX., 8; Leo I., 2; Leo III., 151, 152; Leo IV., 4, 7, 60, 82, 179 ; Leo VIII., 7, 8; Leo IX., 235 note, and Appendix F ; Paschal II., 64, 296; Siricius, 9; Stephen IV., 8; Stephen V., 7; Sylvester, 10, 28 note, 244; Urban II., 67, 309; Urban III., 269; Zacharias, 134, 136, 168, 303 note Portugal, 34 Preaching friars, 80, 364 Price, Richard, 279, 284 Prideaux, Humphrey, Dean of Norwich, 138, 186, 308, 313, 316 ' Priest's-shire,' 300 ' Procurator pauperum,' 76 Prohibition, writs of, as to tithes, 310 * Ptochodochia,' in Eastern Church, 75 Public Churches, 56, 60, 72, Ti> 75 Quadripartite division of church revenues, 27, 28, 29-32; of offerings at shrine of Thomas a Becket, 269 Rabanus Maurus, Archbishop of Mentz, 31, 62 Ramsbury, Bishopric of, 171 Ramsey Abbey, 210 Rap in. History of England, 186 Reading Monastery, 311 Regino, Abbot of Prum, 19, 83 Regularis Concordia^ 213-216 Repairs of churches, 71-74, 89 note, 91, 219, 289 Report of Papal Legates (a.d. 785-787), 153-158, Suppl. 400 Repton Bishopric, 41 note ; mon- astery, 171 Rheims diocese, custom of, 30, 11. 217 Richter, A. L., notes to Roman Canon Law, 67 note, 68 note Riculf, Archbishop of Mentz, 13 ; Bishop of Soissons, 30, 32 note, 74 Robert, King of Franks, 65 Robert I., Duke of Normandy, 304 Robert II., Duke of Normandy, 302 Rochester, Bishopric of, 109 ; Cathedral chapter, 128, 198, 311 Rodolph, Archbishop of Bourges,87 Romulus, King Edgar compared to, 212 'Rusticanae parochise,' 86 Sacerdotal Laws of Egbertine compilations, 227, 232, 235, 236- 240, 243, 245, 249, 259 St. Alban's Abbey, 139, 150 note St. Josse Monastery, in Ponthieu, 234 St. Leonard's Monastery, York- shire, 311 412 INDEX St. Neot's Monastery, 311 Saladin tithe, 194 Salisbury, endowment of a Canonry with tithes, 356 Schmid, Reinhold, 290, 292, 392 Schools of learning, Anglo-Saxon, 124 Scottish Church, ancient, loi, 103 Selden, John, 41, 52, 59, 68 note, 72 note, 79 note, 80 note, 112, 114, 118, 140, 177, 178, 186, 187, 192-195, 199, 202 note, 219, 222, 223, 224, 228, 247, 248, 282, 295, 308-314, and Appendix J Selsey, Bishopric of, 112 Sexti Decretales, 64 note, 80 note Sherborne, Bishopric of, iii, 125, 250 ; chapter of, 250 'Shrift-district,' 223, 224 Sigebert II., King of Franks, 3 Sigebert of Gembloux, 7 Sirmondi, 6 note, 7 note, 38, 40, 50 note Soames, History of Anglo-Saxon Church, 119 Soissons diocese, custom of, 30, 37 Somner, William, 197 Suol-scot; 221 Southey, Robert, 228 note, 360 Spain, 3, 33, 69 Spelman, Sir Henry, 115, 197, 228, 241, 282, 299, Suppl. 382 Statuta Synodortim, MS. formerly belonging to St. Augustine's Abbey, Canterbury, 247, 248 Stow s Annals, 113, 122, 123, 213 note, 277 note Stubbs, Right Rev. William, Bishop of Chester, 208, 209, and frequent references Supplement to King Edgar's Laws, 221, 380 Surtees Society, 229, 236 Sweyn, King of Denmark, 285 Swithun, St., Bishop of Winches- ter, 204, 206 Symeon of Durham, 5 note, 141, 151, 170, 171, 188 Theobald, Bishop of Langres, 60 Theodore, Archbishop of Canter- bury, 9, 106, no, III, 1 16-123, 124-126, 173, 219, 234, 264, 265, 294 Theodoric, or Thierry, King of Austrasia, 42 Theodulph, Bishop of Orleans, 231, 233, 234, 262, 300 Theophylact, Bishop of Todi, 146, 152, 156 Thomassinus, De Benefims, 47 note, 72 note Thorpe, Benjamin, 178, 201 note, 222, 228, 241, 250 note, and frequent references, Suppl. 392 Tithes, 23, 24, 27, 30 note, 31 note, 46-68, Ti,, 76, 78, 80, 86, 87, 88, 90, 91, 93, 95> 96, 106-108, 137, 144, 179, 180, 183-185, 187-206, 218, 220, 224-226, 267, 268, 277, 279, 294, 297, 301, 307-316, and Appendices A, B, G, H, I, J Titles to benefices, 94, 95 Tripartite division of church re- venues and tithes, 32-37, 91 note, loi, 102, 225-264,' 267, 268, 279- 287, 289, and Appendices A, E Turner, Sharon, 176 note, 206 Turrianus, Francis, 76 note Van Espen, 20, 23 note, 26, 29, 59, 64, 74, 75 note, 82 note, 91 note, 93-95 Vatican MS. (compared with Egbertine MS. in the Bodleian), 230, and Appendix C Vedast, St., monastery of, 21 1 note, 233 Vicars, 224, 226 note ' Vici publici,' 56 Walafrid Strabo, 31, 37 note, 58, 59, 179 Wallingford, John of, 141 Walter, Bishop of Orleans, 88 Wanley, 230 note, 265, and other references, Suppl. 392, 393 INDEX 413 Wantage, King Ethelred's Laws of, 271, 278, 383 Wasserschleben, 106, 173, 229, 230 note, 231, 232, 245 note Wearmouth Monastery, 124, 170 Wells, Bishopric of, 171 Welsh Church, ancient, 100 note, loi, 102, 103, 158 Wendover, Roger of, 141, 147 note, 190, 199, 200 Wenefrid, Bishop of Worcester, 207 note Westminster, Matthew of, 143, 147 note, 189, 190, 199 Wharton, Anglia Sacra, 249, and references in notes Whelock, Abraham, 116, 264, 283, 380 Whitby Abbey, 171 Wiferth, thane of King Ethelwulf, 205 Wigbod, Abbot, 148 note, 156 Wihtraed, King of Kent, 126-128, 198 Wilkins, David, 228, 241, 283, 383 W^illiam the Conqueror, 301, 302- 303 ; Rufus, 302 Winchester, Bishopric of, no, in, 209-213 ; Cathedral, 205 ' Wite-raeden,' 197, 201 Witnesses as to tithes, 41, 51-54, 240, 260 Woodstock, King Ethelred's Laws of, 271, 278 Worcester, Bishopric of, in, 209, 212 ; monastery, 181 note, 241 ; manuscripts formerly belonging to, 229-234, 241-245, 282-284 Wulfred, Archbishop, his canons, 174-177; 219 Wulfsin, Bishop of Sherborne, 249, 250 Wulstan, Bishop of Worcester and Archbishop of York, 230, 233, 251-254 *Xenodochia,' 75, "](>, 136 York, Archbishopric of, 108 ; school of learning, 125, 171 Zacharias, Pope, 134, 136, 168, 303 note Zonaras, 75 note ADDENDA TO INDEX Anglo-Saxon books in Sir Robert Cotton's Library, list of, in 1632, Suppl. 397. 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A Series of Ballads and Metrical Tales. Cr. 8vo. ST. MACMILLAN (Hugh). {See p. 35.) MADAME TABBY'S ESTABLISHMENT. ByKARi. IIlust.byL.WAiN. Cr.Svo. is.dd. MAGUIRE (J. F.).— Young Prince Mari- gold. Illustrated. Globe 8vo. 4^. 6d, MARTIN (Frances^— The Poet's Hour. Poetry selected for Children. i8mo. 2s. 6d. SPRING-TlMEWITHTHEP0ETS.l8m0.3i'.6 WHITE (Gilbert). (.See Natural Historv.> INDEX. page • 37 • 33 4, 20 3 6, 20, 33 14 2 27 20 23 3 14 Abbey (E. A.) . Abbot (F.E.) . ABBOTT(Rev. E.) 3>i3>3o,3i.33 AcLAND(Sir H.W.). . 22 Adams (Sir F. O.) . . 28 Adams (Herbert B,). . 28 Addison . Agassiz (L.) AiNGER(Rev. A.) 4 AiNSLIE (A. D.). Airy (Sir G. B.) AiTKEN (Mary C.) Aitken (Sir W.) Albemarle (Earl of) Aldrich (T. B.) Alexander (C. F.) Alexander (T.) Alexander (Bishop) Allbutt (T. C.) Allen (G.) Allingham (W.) Amiel(H.F.) . Anderson (A.). Anderson (Dr. McCall) Andrews (Dr. Thomas) Appleton (T. G.) . Archer-Hind (R.D.) Arnold, M. 8,14,19,20,21,30 9 9 3 Arnold (Dr. T.) Arnold (W. T.) Ashley (W Atkinson ' Atkinson (feev.J.C.) Attwell (H.) . Austin (Alfred) Autenrieth (Georg) AWDRY (F.) Bacon (Francis) Baines (Rev. E.) Baker fSirS.W.) 28, Balch (Elizabeth) Baldwin (Prof. J. M Balfour (Rt. Hon. j Balfour (F. M.) Balfour (J. B.) Ball (V.) . Ball (W. Piatt) Ball (W. W. R.) Ballance (C. a.) Barker (Lady) Barnard (C.) . Barnes (W.) . Barry (Bishop). Bartholomew (J Bartlett (J.) . Barwell (R.) . Bastable (Prof. C. F Bastian (H. C.) Bateson (W.) . Bath (Marquis of) Bather (Archdeacon) Baxter (L.) . Beesly (Mrs.) . Benham (Rev.W.) Benson (Archbishop) Berlioz (H. , 14 • 7 • 38 19, 20 • 33 30. 37. 38 . 12 ) . 26 J.) 2S •5,6 . 6 . 38 . 6 !, ». 37 . 27 • 3 • 33 . 3 • 7 . 22 . 28 6, 22 . 6 . 28 • 33 • 3 . 9 20, 32 32, 33 • 3 Bernard (J.H.) Bernard (M.) . Berners (J.) . Besant (W.) . Bethune-Baker (J Bettany (G. T.) Bickerton (T. H.) Bigelow(M. M.) Bik6las (D.) . BiNNiE (Rev.W.) BiRKS (T. R.) . 6, BjORNSON (B.) . Black (W.) . Blackburne(E.) Blackik I J. S.) Blake (J. F.) . Blake (W.) . Blakiston (J. R.) Blanford(H. F.) Blanford (W. T.) Blomfield (R.) Blyth (A. W.) . Bohm-Bawerk (Prof. BOISSEVAIN (G. M.) Boldrewood (Rolf )• Bonar (J.) Bond (Rev. J.). Boole (G.) Boughton (G. H.) Boutmy (E.) . Bowen(H.C.). Bower (F. O.) . Bridges (J. A.). page • 25 F.) 4 . 'I . 22- . 12 • 17 • 33 30, 33 • 17 . 4 • 3^ 14, 19 9. 27 9. 24 INDEX. 4r PAGE Bright (H. A.). . • 9 Bright (John) . . 28, 29 Brimley(G.) . . .19 Brodie (Sir B. C.) • -7 Brodribb (W. J.) . 13, 37 Brooke (Sir J.) • -3 Brooke (S. A.) 13, 14, ai, 33 Brooks (Bishop) . . 33 Brown (A. C.) • • • 26 Brown (J. A.) . . . i Brown (Dr. Tames) . . 4 Brown (T. E. ) . . . 14 Browne ( T. H. B.) . . 11 Browne (Sir T.) . . 20 Browne (W.R.) . . 27 BRUNTON(Dr.T. Lauder) 22, 33 Bryce (James) . . 9, 28, 37 BUCHHEIM (C. A.) . . 20 Buckland (A.). • . 5 Buckley (A. B ) . . 9 Bucknill (Dr. J. C.) . 22 BUCKTON (G. B.) . . 40 Bunyan . . .4, 19, 20 BurgonQ.W.) . . 14 Burke (E.) ... 28 Burn (R.). . . . i Burnett (F. Hodgson) . 17 Burns ... 14, 20 Bury (J. B.) ... 9 BuTCHER(Prof. S. H.) 13,19,36 Butler ^A. J.). . . 37 Butler (Rev. G.) . . 33 Butler (Samuel) . . 14 Butler ( W. Archer) . 33 BuTLER(SirW. F.) . . 4 Byron . . . .20 Cairnes (J. E.) . . 29 Caldecott (R.) .12, 38, 39 Calderwood (Prof. H.) 8, 25, 26 Calvert (Rev. A.) . Cameron (V. L.) Campbell (J. F.) . Campbell (Dr. J. M.) . Campbell (Prof. Lewis) 5 Capes (W. W.) . Carles (W. R.) Carlyle(T.) . Carmarthen (Lady) Carnarvon (Earl of) Carwot (N. L. G.) . Carpenter (Bishop) Carr(J.C.) . Carroll (Lewis) Carter (R. Brudenell) Cassbl (Dr. D.) Cautley(G. S.) Cazenove Chalmers Chalmers yx.^. m^., . Chapman (Elizabeth R.) Chasseresse (Diana) Cherry (R. R.) Cheyne (C. H. H.) . .2 Cheyne(T. K.) . . 30 Christie (J.) . . .23 Christie (W. D.) . . ao Church (Prof. A. H.) . 6 Church (Rev. A. J.) 4, 30, 37 Church (F. J.). . 20,37 Church (Dean) 3,4ii3.i9.3i.33 Clark (}. W.) ... 20 Clark (L.) ... a Clark (S.) ... 3 (G. S.) . ta.G.) . sp.B.) . s(M.D.) . 33 • 31 • 37 • 37 • 33 • 13 • 37 • 3 • 17 . 36 . 27 . 33 2 a6, 38 • 23 • 9 • 14 • 33 . 8 «9 14 30 12 page Clarke (C. B.). . 9, 28 Clausius (R.) . . .27 Clifford (Ed.) . . 3 Clifford (W. K.) . 19, 26 Clifford (Mrs. W. K.) . 38 Clough (A. H.) . 14, 19 Cobden (R.) . . .29 Cohen (J. B.) ... 7 colenso (j. w.) . . 32 Coleridge (S. T.) • . 14 Collier (Hon. John) . 2 Collins CJ. Churton) . 19 COLQUHOUN (F. S.) . . 14 Colvin (Sidney) . 4, 20 Combe (G.) ... 8 CoNGREVE (Rev. J.) . . 33 Conway (Hugh) . . 17 Cook (E. T.) . . .2 Cooke (C. Kinloch) . . 24 Cooke (J. P.) . . 7, 34 Corbett (J.) . . 4, 17, 38 Corfield (W. H.) . .11 CORRY (T. H.) . . .6 Cotterill(J.H.) . . 8 Cotton (Bishop) . . 34 Cotton (C.) . . . la Cotton (J. S.) . . . 39 Coues (E.) . . . 40 Couriwope(W. J.) . . 4 Cowell(G.) . . .23 CowpER . . . .20 Cox(G.V.) ... 9 CRAiK(Mrs.)i4, 17, 19, ao, 37, 38 Craik (H.) . . 8, 29 Crane (Lucy) . . 2, 39 Crane (Walter) . 39 Craven (Mrs. D.) . .8 Crawford (F. M.) . . 17 Creighton (Bishop M.) 4, 10 CRICHTON-BROWNE(SirJ.) 8 Cross (J. A.) . . .30 Crossley (E.) ... 2 Crossley (H.) . . .37 Gumming (L.) . . . 26 Cunningham (C.) . . 28 Cunningham (Sir H.S.). 17 Cunningham (Rev. J.) . 31 Cunningha.m (Rev. W)3i, 33,34 CUNYNGHAME (Sir A. 1.) . 24 Curteis (Rev. G. H.) 32, 34 Dahn (F.) ... 17 Dakyns (H. G.) . . 37 Dale(A.W.W.) . . 31 Dalton (Rev. J. N.) . 37 Dante . . .3, 13, 37 Davies (Rev. J. LI.). 20, 31, 34 Davies(W.) ... 5 Dawkins(W.B.) . . I Dawson (G. M.) . . 9 Dawson (Sir J. W.).. . 9 Dawson (J.) . . . 1 Day(L.B.) ... 17 Day(R. E.) ... 26 Defoe (D.) . . 4, 20 Deighton (K.). . . IS Delamotte (P. H.). . 2 Dell(E.C.) ... 12 De Morgan (M.) . . 39 De Vere (A.) . . . 20 Dicey (A. V.) . . 12, 29 Dickens (C.) . . 5, 17 Diggle (Rev. J. W.). . 34 Dilke (Ashton W.) . . 19 Dilke (Sir Charles W.) . 29 PAGE Dillwyn (E. a.) . . 17 DOBSON (A.) ... 4 Donaldson (J.) . . 33 Donisthorpe (W.) . . 29 DowDEN (E.) . . 4, 13. 15 Doyle (Sir F. H.) . . 14 Doyle (J. A.) . . . 10 Drake (B.) ... 36 DRUMMOND(Prof. J.) • 34 Dryden . . . .20 Du Cane (E. F.) . . a<) DuFF(Sir M.E.Grant) 20,29,37 DuNSMUiR (A.). . . 17 DUNTZER (H.) . . . 4. 5 Dupr6(A.) ... 7 Dyer(L.). ... I Eadie (J.). . . 4, 30i 31 East LAKE (Lady) . . 3^ Ebers(G.) ... 17 Edgeworth (Prof. F. Y.). 28 Edmunds (Dr. W.) . . 22 Edwards-Moss (Sir J. E.) 30 EiMER (G. H. T.) . . 6 Elderton (W. A.) . . 9 Ellerton (Rev. J.) . . 34 Elliot (Hon. A.) . . 29 Ellis (T.). . . . » Emerson (R. W.) . 4i 20 Evans (S.) ... 14 Everett (J. D.) . . 26 Falconer (Lanoe) • 17 Farrar (Archdeacon) 5, 30, 34 .29 • 7 28, 29 5,28 . 24 . 27 FARRER(SirT. H.) Faulkner (F.). FAWCETT(Prof.H.). Fawcett (M. G.) . Fay (Amy) Fearnley (W.) Fearon (D. R.) Ferrel (W.) . Ferrers (N. M.) Fessenden (C.) Finck(H.T.) . Fisher (Rev. O.) . 27 : :? z 26, 27 FiSKE (J.). 6, 10, 25, 29, 34 Fison(L.). . . .1 Fitch (J. G.) ... 8 FiTZ Gerald (Caroline) . 14 Fitzgerald (Edward) 14,20 13 7 17 39 23 37 } 34 27 FiTZMAURiCE (Lord E.) Fleay(F.G.) . Fleischer (E.). Fleming (G.) . Flower (Prof. W. H.) FlOckiger(F.A.) . Forbes (A.) Forbes (Prof. G.) Forbes (Rev. G. H.) Foster (Prof. M.) . FoTHERGiLL (Dr. J. M.) 8, a^ FowLE (Rev. T. W.). 29, 34 4,25 24 23 ag Fowler (Rev. T.) Fowler (W. W.) . Fox (Dr. Wilson) . FoxwELL (Prof. H. S) Framji (D.) . Frankland (P. F.) . Fraser (Bishop) . . 34 Fraser-Tytler (C. C.) . 14 Frazer (J. G.) . Frederick (Mrs.) . Freeman (Prof. E. A.) , 2. 4, 10, 29, 3a French (G.R.) . . 13 42 INDEX. Friedmann (P.) Frost (A. B.) . Froude(J. A.). FUI.LERTON (W. M.) Furniss (Harry) Furnivall (F. J.) . Fyffe(C.A.) . Fyfe(H. H.) . Gairdner(J.) . Galton (FO . Gamgee (Arthur) . Gardner (Percy) Garnett (R.) . Garnett (W.) . Gaskell (Mrs.) Gaskoin (Mrs. H.) . Geddes (W. D.) Gee (W. H.) . Geikie (Sir A.). Gennadius (J.) GiBBiNS (H. de B.) . Gibbon (Charles) Gilchrist (A.). Giles (P.). GiLMAN (N. P.) GiLMORE (Rev. . Gladstone (Dr Gladstone (W ^E.). PAGE 3 38 4 37 38 14 10 9 4 1,27 27 I 14 5 12 30 13, 37 26, 27 .9, 27 17 10 3 3 25 28 13 13 2,8 3 5 4, 14 20, 21 6 Glaister (E.) godfray (h.) . Godkin(G. S.). GoETHE . Goldsmith 4, 12, 14, Good ALE (Prof. G. L.) GOODFELLOW (J.) . Gordon (General C. G.) . 4 Gordon (Lady DufF) . 37 GoscHEN (Rt. Hon. G. J.). 28 GossE (Edmund) . 4, 13 Gow(J.) . Graham (D.) . . .14 Graham (J. W.) . . 17 Grand'homme (E.) . . 8 Gray (Prof. Andrew) . 26 Gray (Asa) ... 6 Gray ... 4, 14, 21 Green (J. R.) . 9, 10, 12, 20 Green (Mrs. J. R.) , 4, 9, 10 Green (W.S.). . . 37 Greenhill(W. A.) . . 20 Greenwood (J. E.) . . 39 Griffiths (W. H.) . . 23 Grimm . . . .39 Grove (Sir G.) . . 9, 24 Guest (E.) . . . 10 Guest (M.J.) ... 10 Guillemin (A.) . 26, 27 GuizoT (F. P. G.) . . 5 GUNTON (G.) . . . 28 Hales (J. W.) . . 16, 20 Hallward (R. F.) . . 12 Hamerton (P. G.) . 2, 21 Hamilton (Prof. D. J.) . 23 Hamilton (J.). . . 34 Hanbury(D.). . 6,23 Hannay (David) . . 4 Hardwick (Archd. C.) 31, 34 Hardy (A. S.) ... 17 Hardy (T.) ... 17 Hare (A. W.) ... 20 Hare (J.C.) . . 20, 34 Harper (Father Thos.) 25,34 Harris (Rev. G. C). . 34 Harrison (F.). . 4, 5, 21 Harrison (Miss J.) . . i Harte (Bret) . . . 17 Hartig (Dr. R.) . .6 Hartley (Prof. W. N.) . 7 Harwood (G.) . .21, 29, 32 Hayes (A.) . . .14 Headlam (W.). . . 36 Helps (Sir A.) . • .21 Hempel (Dr. W.) . . 7 Herodotus . . .3"^ Herrick . . . .20 HERTEL(Dr.) ... 8 Hill (F. Davenport). . 29 Hill(0.). . . . 29 HiORNs(A. H.) . . 23 Hobart (Lord) . . 21 Hobday (E.) ... 9 Hodgson (Rev. T. T.) . 4 Hoffding (Prof. H.) . 26 Hofmann (A. W.) . . 7 Hole (Rev, C). . 7, lo Holiday (Henry) , . 38 Holland (T. E.) . 12,29 Hollway-Calthrop(H.) 38 Holmes (O. W.,junr.) . 12 Homer ... 13, 36 Hooker (Sir J. D.) . 6, 37 Hoole (C. H.) . . . 30 Hooper (G.) ... 4 Hooper (W.H.) . . 2 Hope (F.J.) ... 9 Hopkins (E.) . . .14 Hoppus(M. A. M.) . . 18 Horace ... 13, 20 HoRT (Prof. F. J. A.). 30, 32 HoRTON (Hon. S. D.) . 28 HOVENDEN (R. M.) . . 37 Howell (George) . . 28 Howes (G. B.) . . .40 HowiTT (A. W.) . . I HowsoN (Very Rev. J. S.) HoziER (Col. H. M.). HuBNER (Baron) Hughes (T.) 4, 15 Hull (E.). Hullah (J.) . -K) 32 • 24 • 37 20, 37 . 2, 9 20, 24 Hume(D.V ... 4 HuMPHRY(Prof.SirG.M.) 28,39 Hunt(W.) ... id Hun't(W.M.). . . 2 HUTTON (R. H.) . 4, 21 Huxley (T.)4j 21 , 27, 28, 29, 40 34 10 9 (T.)4,2i, Iddings(J. p.). Illingworth (Rev. J. R.) Ingram (T. D.) Irving (J.) . I Rvi NG (Washington) Jackson (Helen) Jacob (Rev. J. A.) . James (Henry). . 4, i* James (Rev. H. A.) . James (Prof W.) . JARDINE (Rev. R.) . jEANs(Rev. G. E.) . JEBB (Prof. R. C.) . Jellett (Rev. J. H.) Jenks (Prof. Ed.)' . Jennings (A. C.) Jevons(W. S.). 4,26,28 Jex-Blake (Sophia). Johnson (Amy) Johnson (Samuel) . Tones (H. Arthur) . Jones (Prof. D. E.) . • 34 . 26 . 26 34. 37 10, 13 • 34 • 29 10, 30 PAGE • 7 • 25 39 4 • 31 10, 18, 39 . 39 . 4, 20, 21 25 34 26 Jones (F.). Kant .... Kari .... KAVANAGH(Rt.Hn.A.M.) Kay (R«v. W.) . Keary (Annie). Keary (Eliza) . Keats Kellner (Dr. L.) Kellogg (Rev. S. H.) . Kempe(A. B.). Kennedy (Prof. A. B. W.) Kennedy (B.H.) . Keynes (J. N.). Kiepert(H.) . KiLLEN (W. D.) KiNGSLEY (Charles) . 11,12,13,15,18,21,24, KiNGSLEY(Henry) . Kipling (J. L.). Kipling (Rudyard) . KiRKPATRICK (Prof.) Klein (Dr. E.). Knight (W.) . KUENEN (Prof. A.) . Kyn ASTON (Rev. H.) Labberton (R. H.) . Lafargue (P.). Lamb. Lanciani (Prof. R.). Landauer(J.). Landor ... 4, Lane-Poole (S.) Lanfrey (P.) . Lang (Andrew). 2, 12, 21, Lang (Prof. Arnold). Langley (J. N.) Lankester (Prof. Ray) 6, Laslett (T.) . Leaf(W.). . . 13, Leahy (Sergeant) . Lea(M.) .... 18 Lee (S.) ... 20, 37 Leeper (A.) . . '37 Legge (A. O.) . . 10, 34 Lemon (Mark) . . .20 Leslie (A.) . . • 38 Leth bridge (Sir Roper) . 10 Levy (Amy) . . .18 Lewis (R.) ... 13 LiGHTFOOT(Bp.) 21,30,31,33,34 Lightwood (J. M.) . . 12 Lindsay (Dr. J. A.) LOCKYER (J. N.) Lodge (Prof. O.J.) . Loewy(B.) LoFTiE (Mrs. W. J.) Longfellow (H. W.) Lonsdale (J.) • Lowe (W. H.) . Lowell (J. R.). Lubbock (Sir J.) 6,8 Lucas (F.) LUPTON (S.) Lyall (Sir Alfred) Lyte(H.C.M.) Lytton (Earl of) MacAlister (D.) Macarthur (M.) Macaulay (G. C.) Maccoll (Norman) M'Cosh (Dr. J.) Macuonald (G.) Macdonell (J.) 36 26, 28 • 9 • 32 4, 8, 10, i 32, 37. 39 20, 38 • 34 6, 23 . 14 • 30 34, 37 • 3 . 18 4, 20, 21 2 • 7 4, 20 23 3.7 27 21 27 26 2 ) . 20 20 37 30 15 21 21,22 .40 15 7 4 10 18 . 23 . ID 36 14 25 26 16 . 29 INDEX. 4S PAGE MackailQ. W.) . . 37 Mackenzie (Sir Morell) , 23 Maclagan (Dr. T.). . 23 Maclaren (Rev. Alex.) . 34 Maclaren (Archibald) . 39 Maclean- (W. C.) . . 23 MACLE.\K(Rev.Dr.G.F.) 30,32 M'Lexnan(J.F.) . . I M'Lennan (Malcolm) . 18 MACMILLAN(Rev. H.)22,35,38 Macmillan (Michael) 5, 15 Macnamara (C.) . . 23 Macquoid(K. S.) . . 18 Madoc(F.) ... 18 Maguire(J. F.) . . 39 MAHAFFY(Prof. J. P.) 2, II, 13, 22, 25, 35, 38 Maitland (F. W.) . 12, 29 Malet(L.) ... 18 Malory (Sir T.) . . 20 Mansfield (C. B.) . . 7 Markham (C. R.) . . 4 Marriott (J. A. R.). . 5 Marshall (Prof. A.) . 28 Marshall (M. P) . .28 Martel (C.) . . .24 Martin (Frances) . 3, 39 Martin (Frederick). . 28 Martin (H.N.) . . 40 Martineau (H.) . . 5 Martineai; (J.) . . 5 Masson(D.) 4,5,15,16,20,22,26 Masson (G.) . . 7, 20 Masson(R.O.) . , 16 Maturin (Rev. W.). . 35 Maudsley (Dr. H.) . .26 Maurice (Fredk. Denison) 8, 22, 25, 30, 31, 32, 35 Maurice (Col. F.) . 5,24,29 Max MiJLLER (F.) . . 25 Mayer (A.M.). • . -27 Mayor (J- B.) ... 31 Mayor (Prof. J. E. B.) . 3, 5 Mazini (L.) . . -39 M'Cormick(W.S.). . 13 Meldola (Prof. R.). 7, 26, 27 Mendenhall (T. C.) . 27 Mercier (Dr. C.) . . 23 Mercur (Prof. J.) . . 24 Meredith (G.). . . 15 Meredith (L. A.) . . 12 Meyer (E. von) . . 7 Miall (a.) ... 5 Michelet (M.) . . II Mill(H.R.) ... 9 Miller (R.K.). . . 3 MiLLIGAN (Rev. W.). 31, 35 Milton . . 13, 15, 20 MiNTo(Prof.W.) . 4,18 Mitford (A. B.) . . 18 Mivart (St. George). . 28 Mixter(W.G.) . . 7 Mohammad . . .20 Molesworth (Mrs.) . 39 Molloy (G.) . . . 26 monahan (j. h.) . . 12 montelius (o.) . . 1 Moore(C. H.). . . 2 Moorhouse (Bishop) . 35 MoRisoN (J. C.) . . 3, 4 MORLEY (John). 3, 4, 16, 22 Morris (Mowbray) . . 4 Morris (R.) . . 20, 25 morshead [e. d. a.) . 36 PAGE MOULTON (L. C.) . . 15 Mudie(C.E.) ... 15 Muir(M. M.P.) . . 7 Mi;LLER(H.) ... 6 MULLINGER (J. B.) . . II Murphy (J. J.). . . 26 Murray (D.Christie) . 18 Murray(E. C. G.) . . 38 Myers (E.) . . 15, 36 Myers (F. W. H.) . 4, 15, 22 Mylne (Bishop) . . 35 Nadal (E. S.) . . . 22 Nettleship (H.). » . 13 Newcastle (Duke and Duchess) . . .20 Newcomb (S.) ... 3 Newton (Sir C. T.). . 2 Nichol(J.) . . 4, 13 Noel (Lady A.) . . 18 NORDENSKIOLD (A. E.) . 38 Norgate (Kate) . .11 NORRIS (W. E.) . . 18 Norton (Charles Eliot) 3, 37 Norton (Hon. Mrs.) 15, 18 OLIPHANT(MrS. M. O. W.) 4, II, 13, 19, 20, 39 Oliphant (T. L. K.) 22, 25 Oliver (Prof. D.) . . 6 Oliver (Capt. S. P.). . 38 Oman(C.W.) ... 4 Ostwald (Prof.) . . 7 Ott6(E. ... II Page(T.E.) ... 31 Palgrave (Sir F.) . . 11 Palgrave(F.T.) 2, 15, 16, 20, 21, 33, 39 Palgrave (R. F. D.) . 29 Palgrave (R. H. Inglis) . 28 Palgrave (W. G.) 15, 29, 38 Palmer (Lady S.) . . 19 Parker (T. J.). . 6,39 Parker (W. N.) . . 40 Parkinson (S.) . • 27 Parkman (F.) . . .11 Parsons (Alfred) . . 12 Pasteur (L.) ... 7 Pater (W. H.) . 2, 19, 22 Paterson (J.) . . .12 Patmore (Coventry) 20, 39 Patteson (J. C.) . .5 Pattison (Mark) . 4, 5, 35 Payne (E.J.) . . 10,29 Peabody (C. H.) . 8, 27 Peel(E.). ... 15 Peile(J.). . . .25 Pellissier (E.) . . 25 Pennell (J.) ... 2 Pennington (R.) . g Penrose (F.C.) . . i, 3 Perry (Prof. J.) . .27 Pettigrew (J. B.) . 6, 28, 40 Phillimore 0- G.) . . 12 Phillips (J. A.) . . 23 Phillips (W. C.) . . 2 PiCTON (J. A.) . . . 22 Piffard(H. G.) . . 23 Plato . . . .20 Plumptre (Dean) . . 35 Pollard (A. W.) . . 37 Pollock ( Sir Fk. ,2nd Bart.) 5 PoLLOCK(Sir F.,Bart.) 12,22,29 Pollock (Lady) . . 2 Pollock (W. H.) . .2 Poole (M. E.) . . . 22 Poole (R.L.) . Pope .... POSTE (E.) . . : Potter (L.) Potter (R.) . Preston (T.) . Price (L. L. F. R.) . Prickard (A. O.) Prince Albert Victor Prince George Procter (F.) . Propert (J. L.) Radcliffe (C. B.) . Ramsay (W.) . Ransome(C.) . Rathbone(W.) Rawlinson (W.G.). Rawnsley (H. D.) . Ray (P. K.) . Rayleigh (Lord) Reichel (Bishop) . Reid(J.S.) . Remsen (L) Rendall (Rev. F.) . Rendu (M.leC.) . Reynolds (H. R.) . Reynolds (J. R.) . Reynolds (O.). Richardson (B. W.) Richey(A. G.). Robinson (Preb. H. G.) Robinson (J. L.) Robinson (Matthew) Rochester (Bishop of) Rockstro (W. S.) . Rogers Q.E.T.) .11, Romanes (G. J.) RoscoE(Sir H.E.) . Roscoe (W. C.) Rosebery (Earl of) . Rosenbusch(H.) . Ross (P.) . rossetti (c. g.) routledge (j.) Rowe(F.J.) . RiJCKER (Prof. A. W.) Rum FORD (Count) . Rushbrooke (W. G.) Russell (Dean) Russell (Sir Charles) Russell (W. Clark) . Ryland (F.) . Ryle (Prof. H. E.) . St. Johnston (A.) .19, Sadler (H.) Saintsbury (G.) . 4, 13 Salmon (Rev. G.) . . 35 Sandford (M. E.) . . 5 Sandys (J. E.). . . 38 Sayce(A.H.) . Schaff (P.) . . .30 SCHLIEMANN (Dr.) . Schorlemmer (C.) . . 7 Scott (D. H.) . . .6 Scott (Sir W.). . 15,20 ScRATCHLEY (Sir Peter) . 24 SCUDDER (S. H.) . . 40 Seaton (Dr. E. C.) . . 23 Seeley (J. R. ) . . . II Seiler (Dr. Carl) . 23, 28 SELBORNEfEarloO 12,20,32,33 Sellers (E. ) . Service (J.) . . 32, 35 Skwell (E. M.) . . "n 37 37 32 2 3 7 13^ 15 26 27 35 37 7 35. 9 35 23 II 23 12 35 24 5. 5 4 ,29 6 7 15 4 9- 19 39 16 7 22 • 31 35 29 . 19 13 „ 30 38, 39 44 INDEX. PAGE 4, 15 13, 15, 20, 21 . 8,27 • 5 15, 21 35 19 24 Shairp (J. C.) •Shakespeare 5hann (G.) .Sharp (W.) :Shelley . Shirley (W.N.) . •Shorthouse (J. H,) Shortland (Admiral) :Shuchhardt (Carl). . 2 iShuckburgh (E. S. ) 11,36 ■Shufeldt (R. W.) . . 40 :SiBsoN (Dr.F.) . . 23 SiDGwiCK (Prof. H.) 26, 28, 29 SiME (J.) . . . 9, 10 Simpson (Rev. W.) . . 32 Skeat (W.W.) . . 13 Skrine (J. H.). . 5, IS Slade (J. H.) . . .8 Sloman (Rev. A.) . . 31 : Smart (W.) . . .28 •Smalley(G.W.) . . 22 :Smetham (J. and S.) . 5 Smith (A.) . . .20 .Smith (C. B.) . . . 16 Smith (Goldwin) . 4, 5, 29 Smith (H.) ... 16 ■ Smith (J.) ... 6 • Smith (Rev. T.) . . 35 Smith (W. G.) . . .6 Smith (W.S.) . . .35 • Somerville (Prof. W.) . 6 Southey .... 5 • Spender 0- K..) . . 23 Spenser . . . .20 "Spottiswoode (W.). . 27 Stanley (Dean) . . 35 ^Stanley (Hon. Maude) . 29 Statham (R.) . . .29 Stebbing(W.). . . 4 Stephen (C.E.) . . 8 Stephen (H.) . Stephen (Sir J.F.) Stephen (J. K.) Stephen (L.) . Stephens (J. B.) : Stevenson (J. J.) . . 2 Stewart (A.) . • • 39 • Stewart (Balfour) 26, 27, 35 Stewart (S. A.) . . 6 Stokes (Sir G. G.) . . 27 Story (R. H.) . . . 3 .Stone (W.H.). . . 27 ' Strachey (Sir E.) . . 20 STRACHEY(Gen. R.). . 9 :STRANGFORD(Viscountess) 38 'Strettell(A.) . .16 Stubbs (Rev. C. W.). . 35 Stubbs (Bishop) . . 31 Sutherland (A.) . . 9 SymondsCJ. A.) . . 4 Symonds (Mrs. J. A.) . 5 Symons (A.) ... 16 Tait (Archbishop) . . 35 Tait (C. W. A.) . .11 'Tait (Prof. P. G.) 26, 27, 35 13 II, 13, 22 13 4 16 Tanner (H.) . Tavernier (J. B.) . Taylor (Franklin) . Taylor (Isaac). Taylor (Sedley) Tegetmeier (W. B.) Temple (Bishop) Temple (Sir R.) Tennant (Dorothy). Tenniel . Tennyson . 14, Tennyson (Frederick) Tennyson (Hallam). Thompson (D 'A, W.) Thompson (E.). Thompson (S. P.) . Thomson (A. W.) . Thomson (Sir C. W.) Thomson (Hugh) . Thomson (Sir Wm.) 24, Thorne (Dr. Thome) Thornton (J.). Thornton (W. T.) 26, Thorpe (T. E.). Thring(E.) . ThruppQ. F.). Thudichum (T. L. W.) Thursfield 0- R-) • Todhunter (I.) Torrens (W. M.) . Tourg^nief (I. S.) . Tout (T. F.) . Tozer(H. F.) . Traill (H. D.). Trench (Capt. F.) . Trench (Archbishop) Trevelyan (Sir G. O.) Tribe (A.). Tristram (W. O.) . Trollope (A.) . Truman (J.) . Tucker (T.G.) TuLLOCH (Principal). Turner (C. Tennyson) Turner (G.) . Turner (H. H.) . Turner (J. M. W.) . Tylor(E. B.) . Tyrwhitt(R. St. J.) Vaughan (C. J.) 31,32, Vaughan (Rev. D.J.) Vaughan (Rev. E. T.) Vaughan (Rev. R.) . Veley (M.) Venn (Rev. J.). Vernon (Hon. W. W.) Verrall(A.W.) . Verrall (Mrs.) Wain (Louis) . Waldstein (C.) Walker (Prof. F. A.) Wallace (A. R.) . 6, Wallace (Sir D. M.) Walpole(S.) . Walton (I.) . . 38 . 24 25, 35 24, 27 8 35 4 38 38 27 8 40 12 26, 27 23 6 29, 37 7 ;, 22 30 7 4 5,8 5 19 II . 9 , 29 29 35 2, 16 35, 36 20, 36 . 36 . 36 • 19 26, 36 • 13 13. 36 I • 39 2 . 28 24, 28 . 29 . 29 page Ward (A. W.) . . 4, 13, 20 Ward (H. M.) . . .6 Ward(S.). ... 16 Ward(T.H.) ... 16 Ward (Mrs. T. H.) . 19, 39 Ward(W.) . . 5,32 Warington (G.) . . 36 Waters (C. A.) . . 28 Waterton (Charles) 24, 38 Watson (E.) . . . s Watson (R.S.) . . 38 Webb(W.T.) ... 16 Webster (Mrs. A.) . . 39 Welby-Gregory (Lady) . 32 Welldon (Rev. J. E. C.) . 36 Westcott (Bp.) 30, 31, 32, 36 Westermarck (E.). . I Wetherell (J.) . . 25 Wheeler (J. T.) . . 11 Whewell(W.). . . 5 White (Gilbert) . . 24 White (Dr. W. Hale) . 23 White (W.) . . .27 Whitham (J. M.) . . 8 Whitney (W. D.) . . 8 Whittier(J. G.) . 16,22 Wickham (Rev. E. C.) . 36 WiCKSTEED (P. H.) . 28, 30 Wiedersheim (R.) . . 40 WiLBRAHAM (F. M.). . 32 WiLKiNS (Prof. A. S.) 2, 13, 36 Wilkinson (S.) . . 24 Williams (G. H.) . . 9 Williams (Montagu) . 5 Williams (S. E.) . . 13 Willoughby(F.) . . 39 Wills (W. G.) . . . 16^ Wilson (A. J.) . . . 29 Wilson (Sir C.) . . 4 Wilson (Sir D.) . i, 3, 13 Wilson (Dr. G.) . 4, 5, 22 Wilson (Archdeacon) . 36 Wilson (Mary). . . 13 WiNGATE (Major F. R.) . 24 WiNKWORTH (C.) . . 5 WoLSELEY (Gen. Viscount) 24 Wood (A. G.) ... 16 Wood (Rev. E. G.) . . 36 Woods (Rev. F.H.). . i Woods (Miss M. A.). 17, 33 Woodward (C. M.). . 8 WOOLNER (T.) ... 16 Wordsworth . 5, 14, 16, 21 WoRTHEY (Mrs.) . . xg Wright (Rev. A.) . . 31 Wright {C. E. G.) . . 8 Wright (J.) . . . 21 Wright (L.) . Wright (W.Aldis) 8,15, Wurtz (Ad.) . Wyatt (Sir M. D. ) . YoNGE (C. M.) 5, 6, 8, 10, 19, 21,25, Young (E.W.) ZlEGLER (Dr. E.) . 27 20,31 7 30.39 MACMILLAN AND CO. BEDFORD STREET, COVENT GARDE N, LON DON. J. PALMER, printer, ALEXANDRA STi .3/60/12/91 > ^NlVEiislTY ^ AN INITIAL FINE ^F |^o return . «P ASSESSED FOR '^^'^^'^--HE PENALTY DAY AND TO $^00 OVERDUE. MAR 261933^, MAR 27 1933 22ftlayo4V(5 *rf^-i mmm iiiili «vW mmM *'^«^*'^^^M