i(0 |0

'\^

\^\Wrä^^Y (ylr\»5(^io-'V.mhc^hcn

A COLLECTION

THE LAWS AND CANONS

OF THE

CHURCH OF ENGLAND,

P^ROM ITS FIRST FOUNDATION TO THE CONQUEST, AND FROM THE CONQUEST TO THE REIGN OF KING HENRY VIIL

TRANSLATED INTO ENGLISH

WITH

EXPLANATORY NOTES. IN TWO VOLUMES.

By JOHN JOHNSON, M.A.,

SOMETIME VICAR OF CRANBROOK, IN THE DIOCESE OF CANTF.UBURY,

A NEW EDITION.

VOL. I.

OXFORD: JOIIN HENRY PARKER.

MDCCCL.

\aftimr

fMf

kümhy

ibUM<

ytttWTK»

EDiTOR's rui: VC F.

It

NoTwiTUSTAXDixo tlic laTge Gen« Ailvcrtiscmcnta which Mr. Jol work, it is nccessary for the 1" cxplanatioii of the »ources from ^^ to give somc iiccount of the corr« havc boon niadc in the prcscut tUiiiu publications.

Mr. Johuson's trnnslation of K; the first and only prcvions c«'. ' is niainly foundetl ujwn the < who had furmcd a plau for c^ Councils, decrccs, laws and const: in thrre |>cr!

tianity to ti.. .N. '- , .

the Hefonnation ; and laatlv from tl, own timc. The first part of tl araid ihr i ... ,.:

iguoraih

the troublcH of the times, was ■econd A.D. IGO^, by bis ni which oamL oreveutcd the

mcilia of S] m wti^^^^^^^^|ua)tcd he tr^^^^^^^^^^c A thcPi

I :

edited^ Professor^

1 Prcfnce and the

prcfixed to tbis

;uUl some fnrtber

> dcrivcd, and also

tl ndditions wbich

iiy the bclp of Intor

iions, &c.,of which

rd A.D. 1720,

.Unry Spclnmn,

' tbc Kcclcsiastical

tljc IJritisi» Islcs"

1 of Cbris-

' »nqucst lo

Ucformation to bis

<\ work, complctcd

<• nlniost universal

ivcn {^rcatcr tban

\ D. 1039; and tbc

■ autlior's dccease,

. tliird part*.

two other works

(locumcnts

;iiii])rird and

i«< not con-

iloction

ly William

fterwanls

^Vbeloc,

ktter is

*H

#/^"

oxroRl) : PMINTED UV I. smilMPTUN.

EDITOR'S PREFACE.

NoTWiTHSTANDiNG tlie lui'ge General Preface and the Advertisements which Mr. Johnson has prefixed to this work, it is necessary for the Editor to add some further explanation of the sources from which it is derived, and also to give some aecount of the corrections and additions which have been made in the present edition by the help of later publications.

Mr. Johnson's translation of English Canons, &c., of which the first and only previous edition was published A.D. 1720, is mainly founded upon the Concilia of Sir Henry Spelman, who had formed a plan for collecting all " the Ecclesiastical Councils, decrees, laws and constitations of the British Isles" in three periods, namelv; from the first introduction of Chris- tianity to the Norman Conquest; from the Conquest to the Reformation; and lastly from the Reformation to his own time. The first part of the intended work, completed amid the greatest difficulties, of which the almost universal ignorance of the Anglo-Saxon tongue was even greater than the troubles of the times, was published A.D. 1639; and the second A.D. 1664, by his nephew after the author's decease, which event prevented the execution of the third part^.

Besides the Concilia of Spelman there are two other works in which Johnson consulted the Originals of the documents he translates, naraely, the Archeeonomia of Lambard and the Provinciale of Lyndwood. The first of these is not con- fined to ecclesiastical regulations, but is a general collection of the ancient laws of the English, published by William Lambard, the Kentish antiquary, A.D. 1568, and afterwards edited with additions and corrections by Abraham Wheloc, Professor of Arabic at Cambridge, A.D. 1614. The latter is

Wilkins, Coric. Mag. Brit., vol. i. p. xxxiii.

t^

r9

AV

■i tibJmmm. 1 m m^ " cy»

editor's preface.

work, by the samc uuthor as the last, in four folio voliunca, publislied A.D. 1737, not only sur|)iissos Sir II. Spclinuu'M Coucilia in accuracy and conipiclonoss in tlic two fonnor periods, but also morc thau complctcs the design which ho formed, but livcd not to cxecute, witli rcspcct to tlic tliird or Post-Kcformation period, and is still the chief Standard book of English Councils, &c.

3. "Ancient Laws and Institutes of l']nj^land ; coniprisiiif; laws enacted under the Anglo-Saxon kings l'roin ylOiheU birht to Cnut, with an English translatiou of the Saxon ; the laws called Edward the Confessor's; the ('arions of William the Conqueror, and those ascribed to Henry the First : also Monuraenta Ecclesiastica Anghcana froni the seventh to the tenth Century; and the Ancient Latin Version of the Anglo-Saxon laws, with a compondious glos- sary,'^ &c., by Benjamin Thorpe, Esq., for the llecord Coni- mission, A.D. 1840. By this work, undertaken by one of the first Anglo-Saxon scholars of the present agc, nnder royal patronagc, and haviug at his command all the resources readily available for a national work, both the Legcs Anglo- Saxonica; of AVilkins, and also his Concilia, so far as re- gards Anglo-Saxon documcnts, are in their turn very far sur- passed. Mr. Thorpe in his preface (p. ix.) remarks of the Leges Anglo-Saxonicae : " As a monument of industry, thi.s edition is very creditable to Dr. Wilkins; at the same tirae it must, though reluctantly, be acknowledged by every one competent to judge, that as a translator of Anglo-Saxon, he not unfrequently betrays an ignorance even of its first prin- ciples, that, though not unparalleled, is perfectly astound- ing ;" of course the remark is almost equally appHcable to the translations of Anglo-Saxon in the Concilia, though published sixteen years later, The faults of "VVilkins as a translator, did not arise from want of industry or indi- vidual attainment, which could be remedied by a few years* study, but from the general ignorance of the Anglo-Saxon language in his time : moreover his Concilia required the preparation of so vast a body of additional matter relating to later times, that he might well be excuüed for not carrying ou the Anglo-Saxon documents of the Concilia much bevond the point of improvement iatexc and interpretarion, to which

IV EDITOR S PREFACE.

the edition of Lambard's Archseonomia used by Johnson in correcting the text aud translation of some of the laws in Spelmau's Concilia, and from which he adds others to his collection, either on accouut of tlieir ecelesiastical or general intercst, which had been omitted by Sir H. Spelman.

The Provinciale contains the proviucial constitutions of fourteen archbishops of Canterbury, from Stephen Langtou to Henry Chicheley, collected A.D. 1422 — iß, by William Lyndwood, Doctor of the Canon and Civil Laws, Official of the court of Canterbury, Keeper of the Private Seal, and afterwards Bishop of St. David's. To this work in the edi- tion used by Johnson, Oxford, A.D. 1679, arc appended the Legatine constitutions of the cardinals Otho and Othobon, A.D. 1268, with the Annotatious of John de Athon'', who flourished about the year 1290.

The remarks which have been made upon Johnson's trans- lation from these sources by others who have foUowed in the same paths, afford sufficient testimony that he fulfilled the task with much industry aud Icarning. Sincc the publica- tion of his work, however, editions which have appeared of the original documents from the best ^ISS. both Latin aiul AnglO'Saxon, together with great advauces in the study of the latter language, here, and ou the continent, supply the means of emendiug raany inaccuracies of the earlier tcxts, reraove every difificulty of some passages which wcre per- plexing to Johnson, and shew some parts of his transla- tion, particularly from the Anglo-Saxon, to bc inadcquate, or altogether erroneous.

The works which have almost superseded thosc of Lambard, Spelman and Wheloc, and made it neccssary that a new edition of Johnson's translation should be accompanicd by numerous notcs, arc the followiug : —

1. " Leges Anglo-Saxouica?, Ecclesiasticie et Civiles," by David Wilkins, S.T.P., Canon of Cantcrl)ury, London, A.D. 1721. This was a murc accurate aud coinplct.i" i-ditiun of the Anglo-Saxon laws than tlie Archaionomia of Lambard or tlif second edition of it by Wheloc.

2. "Concilia Magna) Britannia« et ililxruiie a Synodo Ycrolamicubi, A.D. 446, ad Londincn.seni, A.D. 1717." This

"* See Cuiiei.ll I'rtf.icc, so^liuii.s xix, x.\.

EDITOR S PREFACE. V

work, by the same author as the last, in four folio volumes, published A.D. 1737, not only surpasses Sir H. Spelmau's Concilia in accuracy and completeness in the two forraer periods, but also more than completes the design which he formed, but lived not to execute, with respect to the third or Post-Reformation period, and is still the chief Standard book of English Councils, &c.

3. "Ancieut Laws and Institutes of England ; comprising laws enacted under the Anglo-Saxon kings from ^thel- birht to Cnut, with an English translation of the Saxon ; the laws called Edward the Coufessor's; the Canons of William the Conqueror, and those ascribed to Henry the First : also Monumeuta Ecclesiastica Anglicana from the seventh to the tenth Century; and the Ancient Latin Version of the Anglo-Saxon laws, with a compendious glos- sary/' &c., by Benjamin Thorpe, Esq., for the Record Com- mission, A.D. 1840. By this work, undertaken by one of the first Anglo-Saxon scholars of the present age, under royal patronage, and haviiig at bis commaud all the resources readily available for a national work, both the Leges Anglo- Saxonicte of Wilkins, and also his Concilia, so far as re- gards Anglo-Saxon documents, are in their turn very far sur- passed. Mr. Thorpe in his preface (p. ix.) remarks of the Leges Anglo-Saxonicai : " As a monument of industry, this edition is very creditable to Dr. Wilkins ; at the same time it must, though reluctantly, be acknowledged by every one competent to judge, that as a translator of Anglo-Saxon, he not unfrequently betrays an ignorance even of its first prin- ciples, that, though not unparalleled, is perfectly astound- ing ;'•" of course the remark is almost equally applicable to the translations of Anglo-Saxon in the Concilia, though published sixteen years later. The faults of AVilkins as a translator, did not arise from want of industry or indi- vidual attainment, which could be remedied by a few years' study, but from the general ignorance of the Anglo-Saxon lauguage in his time : moreover his Concilia rcquired the preparation of so vast a body of additional matter relating to later times, that he miglit well be excused for not carrying on the Anglo-Saxon documents of the Concilia much bcyond the point of improvcmeut in text and iutcrprctation, to which

▼1 EDITOR S PREFACE.

he had brought tbem in Ins Leges Auglo-Saxonicse. It seemed uecessary to say thus ranch, to explain the dcgree in which the Labours of Wilkins, as well as bis predecessors, have been regarded in the preparation of the prcsent edition : bis Anglo-Saxon text being carefully edited from good autbo- rities, is sometimes valuable as affording a confirmation of, or an important Variation from Thorpe's, but bis Latin trans- lation of the Anglo-Saxon text is treated as valueless where it differs from Thorpe, and where Anglo-Saxon scbolarship alone is concerned, tbough sometimes quoted as of weight, where the uuderstanding of the passage depends rather upon an acquaintance with ecclesiastical antiquities. Care must be taken to distinguish the Latin translations of Anglo- Saxon by Wilkins and bis predecessors from the valuable Latin version of Anglo-Saxon laws in the twelfth Century, an iraproved text of which is given at the close of ^Nlr. Thorpe's work. In Latin documents, either of Anglo-Saxon or later date, Wilkins is quoted as the higbest authority, except in the few cases in which the sarae documents are given in Thorpe's work or in Kemble's Codex meutioned below. It must be observed tbat the quotations from Tborpe's book for the Record commission, at tbe foot of most of tbe pages in Johnson's first volurae, are in very few iustanccs given as mere variations, but gcnerally as tbe undoubted corrections of misreadings of tiie Originals, as published by Lambard, Spelraan and Wlieloc, and of mis- takes in Johnson's translation.

Tbe first part of Thorpe's work contains a complcte collcction of Anglo-Saxon laws, but tbe sccond part, "^Monu- raenta Ecclesiastica Anglicana," omits vcry many of tho Latin documents of the Anglo-Saxon Church wbich are to be found in Spelman and Wilkins, and are translatcd in Johnson's first volume. On the othcr liaiul somc of tbe documents tbcrc publisbed by ISIr. Tborpc would doubtlcss have been includcd by Joliuson in bis collcction if tbcy bad been well known or accessiblc to bim. Bcsidcs tbe IVni- tential of Arcbbisbop Tbcodorc in Latin, aud tbe Confcs- sional and Pcnitcntial of Arcbbisbop ICcgbriht in Saxon, wbich, from tbcir naturc aud extcut. would be propcrly omitted from a compendious collcction of cauons, &c., Mr.

EDITOR S PI? E FACE. Vll

Thorpe publislics some ecclesiastical laws of King Ethelred, (Thorpe, p. 129, 141, 145,) which Avere altogether unknown to Johnson ■= ; ^Ifric's pastoral epistle, p. 452, of which John- son probably knew uo more than the name, or he couhl not have failed to use it in illustration of the Canons of iElfric ; the epistle entitled ' Quando dividis Chrisma,^ p. 464^^, and Institutes of Polity, Civil and Ecclesiastical, p. 422, of one chapter of which Johnson translates a defective Latin ver- sion^ For these important and deeply interesting docu- ments and the translation of them, Mr. Thorpe's vrork should he consulted-.

4. " Codex Diplomaticus JEvi Saxonici, Opera J. M. Kemble, M.A.'' London, A.D. 1839-48, puWished for the Historical Society of England. This w ork contains upwards of fourteen Imndred documents consisting of grants of kings and bishops, and other charters, from the beginnin g of the Anglo-Saxon period to the Conquest, carefuUy edited from the best authorities and chronologically arranged. In the case of the restoration of the archbishopric of Canterbury and the decree of Archbishop Athelard, A.D. 803, as well as in other instances, it alFords the only means of untying the knot of historical difficulty upon which Spelman, Johnson and Wilkins spent laborious and futile efforts. Sorae of these documents are printed in the Appendix, which in the notes is sometimes referred to under the name of Addenda, as taking the place of Johnson^s Addenda to the first edition which in the present are inserted in his text at the places to which they belong.

The only MSS. which the Editor has consulted are Cotton Nero A, I, in the parts containing what are commonly called Ecgbriht's Excerptions, (see below, p. 223, note,) and an account of St. Gregory's regulation of the Ember-weeks, (p. 180) : Bodley 482, commonly called Penitentiale Ecgberhti in Anglo-Saxon (p. 180, note *) : Bodley 718, containing Ecgbriht's Penitential and Excerptions in Latin (p. 223, note *) : Bodley Jun. 121, (MS. X. in Thorpe,) containing ^Ifric's Canons, &c., (p. 393, note f ; P- 397, note t) : but füll

' See in Johnson's first voluiTie, A.D. ' Ibid., A.D. 925. 9, p. 348-50.

1014, Pf., p. 494. ' Fol. Loiid. 1840 ; it was also printed

'' Ibid., A.D. 957. 19, p. 293, note f. the same year in two vols. Svo. p. 397, note f. p. 403.

VUl EDITOR S PREFACE.

use has been raade of the above-naraed books, and references to them are ^ven in the margin and foot-notes. It is hoped that the present edition will not only scrvc to give a fair view of the governmcnt of the Early English Church to thosc who have only time to read a translation, but also be useful as a guide and corament for those who may wish to enter upon the study of the Originals.

JOHN BARON.

Queens College, Christmas, A.D. 1850.

The letters used in the Anglo-Saxon passages quotcd in this volumc, so far as they diffcr from those in common use, are ex- plained below by the italics which follow them :

"X A, L C, bd, e E, ff, Xi G, ■gg, Till, \i, COM, p r, j- s, t t, W IV, yw, D DH or TH, « dh, i> th, y y, ^ and, 1> that.

ABBKEVIA.TI0N8.

Ed. is in a few instances placed in the margin to denote that the brackcts in the opposite part of Johnson's tcxt mark ncccssary insertions or altei'ations by the editor.

L. Lambard, Archa^onomia, ed. Wheloc.

S. Spelman, Concilia.

W. Wilkins, Concilia.

T. Thorpc, ' Ancient Laws,' &c., Parts I. and II.

Br. Bromton in the Dccera Scriptorcs, ed. Twysdcn.

Ecg. P. Ecgberhti Pocnitentiale, Thorpe, Part II.

Th. P. Tlieodori Liber Pocnitentialis, ibid.

N. P. L. Law of the Northumbrian Pricsts, ibid.

V. A. Versio Antiqua, Latin vcrsion made in the twelfth conttn-y of most of the Anglo-Saxon laws, from MSS. coUafcd with Bromton, ibid.

Wranghara MS. or MS. note. The notcs so mark(>d are from a copy of Johnson's Canons, formerly belonging to ' ]•'. Wrangham,' and now in the Libraiy of Queen's College, Oxford.

For a doscription of the MSS. referred to by Icttors of the aiphabet, chiofly in quotations from Mr. Tliorpc, scc the list prefixcd to Ancient Laws and Institutes of Plngland.

A

COLLECTION

Of All the

Ecclesiastical Loivs^ Canons^ Anfwers^ or Refcripts^

With other Memorials concernins: the Government, Discipline and Worship of the

Church of Englond^

From its first Foundation to the Conquest, that have hitherto been pubhsh'd m the Latin and Saxonic Tongues.

And of all the

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

Canterhury and York^

That have hitherto been publish'd in the Latin Tongue.

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

Part the First.

By John J o h n s o n, M. A. Vicar of Cranbrook in tlie Diocese of Canterhury.

LONDON:

Printed for Robert Knaplock in St. Paul's Church-Yaid, aud Samuel Ballakd, in Litlle-Britain. mdccxx.

CONTENTS

GENERAL PEEFACE TO THE EEADEE.

I. The sura of this work.

II. Every thing oraitted, that was not necessary to give a view of the government, discipline, and worship of the English Church.

III. The difficulties of the Latin Originals, and many mistakes in the Latin translations from the Saxonic here removed.

IV. Difficulties in the laws of King Wihtred, &c., cleared by Mr. Somner, and by the Textus Roffensis.

V. The Contents of this work not fine, but useful.

VI. The first end of this work, to gratify the curious.

VII. Things herein contained are not of the greatest moment ; but lapses in small matters may lead men into great mistakes, and expose the most learned.

VITI. A second end of this work was to be a strong antidote against popery, to such of the laity as may want it. The clergy need no such antidote.

IX. The cid English bishops and clergy not deeeivers, but deceived : Grosthead an instance of it.

X. They who are most fierce against popery may most want such an antidote ; especially they who think it a fault to read popish books.

XI. If all the Service-books of the Church of Rome were translated into vulgär tongues, it would be a great blow to that Church.

XII. The constitutions made from the beginning of King Henry the Third's reign give a füll view of true popery.

XIII. The Christianity settled here by Augustin scarce tolerable. The Service-books introduced by him were the Romish. John the Precentor made no substantial alteration, nor Osmund in his Use of the Church of Sarum.

XIV. The worship of saints and Images not so early used here as some have thought ; but prayers for the dead were used from the beginning.

a2

IV

CONTENTS OF THE GENERAL

XV. Transubstantiation is contra ry to the doctriiie of llie Anglo-Saxonic Cliurch.

XVI. Augustiii received the piill from the pope, but lie and his fiist successors did not fetch it, as later archbishops did. Appeals were of old more rare, and the pope's decisions less peremptory. Provisions not prac- tised tili after ages.

XVII. The devotion of some kings to the pope, especially King John's resignation, very mischievous to the nation. Popes' provisions prevailed, in Opposition to statute-law.

XVIII. By theintroduction of gross popery our ancestors were grievously abused, as appears by these monuments, in which the reader need fear no misrepresentations.

XIX. A third end of this work was to give the reader a mnre füll view of oiir Constitution than can bs had without it in the English tongne. For some part of these constitutions are still in force, and in more force than later Canons.

XX. And not only these constitutions, but some part of the pope's canon-lavv, by virtue of a Statute of King Henry VIII.

XXI. Yet ecclesiastical Jurisdiction does not subsist by that Statute, but only the present way of exercising it. Ecclesiastical Jurisdiction was ever exercised since the times of Theodore and Ecgbriht.

XXII. By that Statute of King Henry VIII., bishops are disabled from regulating their own courts. The writer of " The Anatomy of the Ghurch" ought to have known this.

XXIII. In times before,and after the Conquest, synods were assembled, and Jurisdiction exercised without any restraint ; tili the pope's canon-law made pvohibitions necessaiy.

XXIV. Many ecclesiastical laws made by the state in Saxonic times, but none to retrench ecclesiastical Jurisdiction before the Articles of Clarendon.

XXV. All the corrupt constitutions must long since have bcen entirely abolished, had it been in the power of the convocation to do it: they have hithorto bcen hid in the Latin tonguc.

XX VI. No coriuption still rcmaining rcnders our obcdiencc sinful.

XXVII. If ecclesiastical Jurisdiction Lad been new modelled nccording to the Reformalio Lei/tnn Ecclesiastictnitm, or ns our worship is ; vot the knowlcdge of tlicsc constitutions, and LyntUvoods Gloss had been uscful.

XXVIII. There are some things comnieudablc ainong these constitu- tions, and even in the Missal.

xiy,

PllliFACE TO TUE HEADER.

XXIX. The fourth end of this work, tl)at the reader may judge what of these coustitiitions may deserve to be retained, what rejected. Nothing to be retained but what is truly ancient, or good.

XXX. The objection against the ancients, viz., that their notions were introductory to popery considcred.

XXXI. That we should take special care not to fall below the woist ages,

XXXII. The oblation of the Eucharist particularly insisted ou: this delivered to us by Augustin, in a tolerable, though not peifectly primitive State.

XXXIII. The translator cannot retract his zeal in this paiticular.

XXXIV. The notion of the sermon's succeeding high mass considered.

XXXV. We are contrary to the primitive Ohurch iu having more ser- mons than communions.

XXXVI. No office of our Church more needs a review than our Commu- nion-Service. Whether the ends of the Sacrament can be obtained withuut the oblation: whether the sacrifice of Christ can be established without the sacrifice of the Eucharist.

XXXV'II. The author of " No sufficient Reasons, &c.," cannot under- stand hüw the sacrifice of Christ and of the Eucharist were one and the same.

XXXVIII. Dr. Ilickes at first objected against the modus of the sacri- fice, as represented (frora the ancients), in the " Uubloody Sacrifice," but afterwards came into it.

XXXIX. The objection of the author of " No sufficient Reasons, &c.," answered.

XL. It is more evident that Christ offered His Body and Blood in the Eucharist, than that He did it on the cross. All animate sacrifices were offered before the mactation.

XLI. The corruption of the eucharistical Service in the Church of Rouie.

XLII. The translator does not ihink it in the power of a priest to add to the Liturgy.

XLIII. Nor to have restored the use of the Eucharist, if it had been wholly dropt by our reformers, and the bishops, ever since the Refonnation.

XLIV. When superiors are guilty of a culpable Omission, the utmost to be cxpected from inferiors is, to remind them of this Omission.

XLV. Nothing can wholly excuse the disuse of the oblation, as to those who are the cause of it. The translator knows no safe communion in which the oblation is used in its purity.

IV CONTENTS OF THE GENERAL

XV. Transubstantiation is contrarj to thc doctriue of ihe Anglo-Saxonic Cliurch.

XVI. Augustin received the pall from tlie pope, but be and bis fiist successors did not fetcb it, as later arcbbisbops did. Appeals weie of old more rare, and tbe pope's decisions less peremptory. Provisions not prac- tised tili after ages.

XVII. Tbe devotion of sorae kings to tbe pope, especially King Jobn's resignation, very miscbievous to tbe nation. Popes' provisions prevailed, in Opposition to statute-law.

XVIII. By tbe introduction of gross popery our ancestors were grievously abused, as appears by these raonuinents, in wbicb tbe reader need fear no misrepresentations.

XIX. A tbird end of tbis work was to give tbe reader a more füll riew of our Constitution tban can be bad witbout it in tbe Englisb tongue. For sorae part of tbese constitutions are still in force, and in more force tban later canons.

XX. And not only tbese constitutions, but some part of tbe pope's canon-law, by virtue of a Statute of King Henry VIII.

XXI. Yet ecclesiastical Jurisdiction does not subsist by that Statute, but only tbe present way of exercising it. Ecclesiastical Jurisdiction was ever exeicised since tbe tinies of Tbeodore and Ecgbribt.

XXII. By tbat Statute of King Henry VIII., bishops are disabled frora regulating tbeir own courts. Tbe writer of " Tbe Anatomy of tbe Church" ougbt to bave known tbis.

XXIII. In tiines before,and after tbe Conquest, synods were assembled, and Jurisdiction exercised witbout any restraint ; tili tbe pope's canon-law made pvobibitious necessary.

XXIV. Many ecclesiastical laws made by tbe State in Saxonic times, but none to retrench ecclesiastical Jurisdiction before tbe Articles of Clarendon.

XXV. All tbe corrupt constitutions must long since bave bcen entirely abolisbed, bad it been in tlie power of tbe convocation to do it : tbey bave bitbcrto bcen bid in tbe Latin tongue.

XX\ I. No coriuption sliil rcmaining renders our obcdience sinful.

XXVII. If ecclesiastical Jurisdiction bad been ucw modclled according to tbe licforinnlio I.ei/um Erclesiasticonun, or as our worsbip is ; yct tbe knowk-dge of llicsc constitutions, and Lyndwood's Gloss bad bocn useful.

XXVIII. Tbcrc are sonie tbings commendablc among tbese constitu- tions, and even in tbe Missal.

PllEFACE TO TUE READER. V

XXIX. The fouvth end of tbis work, tliat the reader may judge what of tliese coustitiitions may deseive to be retained, what rejected. Nothing to be retained but what is truly ancient, or good.

XXX. The objection against tbe ancients, viz., ihat tbeir notions were introductory to popery considei'ed.

XXXI. Tliat we sbould take special cave not to fall below tbe wovst ages.

XXXII. The oblalion of tbe Eucharist particularly insisted on: tbis delivered to us by Augustiu, in a tolerable, though not peifectly primitive State.

XXXIII. Tbe translator cannot retract bis zeal in tbis particular.

XXXIV. Tbe notion of tbe sermon's succeeding bigb mass considered.

XXXV. We are contrary to tbe primitive Cburcb in baving more ser- mons than commiinions.

XXXVI. No Office of our Cburcb more needs a review tban our Commu- nion-Service. Whetber the ends of tbe Sacrament can be obtained witbout tbe oblation : whetber tbe sacrifice of Christ can be establisbed witbout tbe sacrifice of tbe Eucharist.

XXX\^II. The autbor of " No sufficient Reasons, &c,," cannot under- stavid hüw tbe sacrifice of Christ and of the Eucharist were one and the same.

XXXVIII. Dr. Hickes at first ohjected against the modus of the sacri- fice, as represented (from tbe ancients), in tbe " Uubloody Sacrifice," but afterwards came into it.

XXXIX. The objection of the author of " No sufficient Reasons, &c.," answered.

XL. It is more evident tbat Christ ofi'ered His Body and Blood in tbe Eucharist, than tbat He did it on tbe cross. All animate sacrifices were offered before the mactation.

XLI. Tbe corruption of the eucharistical Service in tbe Cburcb of Rome.

XLII. The translator does not ibink it in tbe power of a priest to add to the Liturgy.

XLIII. Nor to bave restored tbe use of tbe Eucharist, if it bad been wholly dropt by our reformers, and tbebisbops, ever since tbe Reformation.

XLIV. Wben superiors are guilty of a culpable Omission, tbe utmost to be expected from inferiors is, to remind tbem of tbis Omission.

XLV. Notbing can wholly excuse tbe disuse of the oblation, as to those wbo are tbe cause of it. Tbe translator knows no safe conimunion in whicb the oblation is used in its purity.

n

CONTENT« OF THK GENERAL PREFACK.

XI VI A ,clf-con^tul.tion, that tho author. of thc foUowinR me«.oml wrote' wUh an intcnt to bc nghUy uuae.tond, and were «reat n^asters . •incrrity, »o much rnloUed of Ute.

XLVIl. A irmteful acknowledgment of Ihe ass, un k UloT in ihi» work.

iiS»i

jt. ■

KM iun i .ao

er,' r-

tx i

)ttüi

THE

(NKHAL I'KElAei: T«) TUE RKADER.

I tT"« piT«cnt you with thc translation of all the Inws,

cäh «onstitutions of the Church of P^nglnnd, tliat

1 the Latin, or Anj^lo-Saxonic tonpiic, from

..i.un of thc Church at thc lattcr cnd of thc

ury, to the rcign of King Henry VIII.; and that • sincc coUcctcd and published by Sir Henry Spel-

! Ic not with thc British, Irish, or Scottish mc-

-. forcign to my preaont design, which was to make >a of all thc public nionuments of this Churrli, VC to givc US a view of ita governnicnt, disciplinc, lip, and of thc several variations of it from timc to I havc donc it in so niodcratc a compass, tlrnt those -/v who want the volumcs of Sir H. Spclninn, .^tood, and Atlione, and arc not able to purcliase >y be tupplicd from this work, at one fifth part of And thouf;h I hnve onütted wry niany of Sir in's mcmorials, some ns .Hpurious, otiicrs as unncccs- y present design ; and thc greatest part of Lynd- I Athonc's glo.Hses, as pcrfcctly supcrfluous: yet I . «I some things from othcr writers, which I thought • to thc end I proposcd to myself. lUThough all which I publish may be found in othcr ' ooks, cxccpt some Supplements and emendations . lum manuscripts, yet therc they stand cither in the u Latin of thc middle ages, not so casily to be under- '( )y those who are only versed in classical writers, which "'=5 0 of most of thc younger clcrgj'; or eise in the ^ Ironie, known by few ; or in the modern Latin trans- I of the Anglo-Saxonic, which are füll of mistakes. I

vi CONTENTS OV THE GENERAL PREFACE,

XLVI. A self-congratulation, that the authors of the foUowing memorials wrote with an intent to be rightly understood, and were great masters of sincerity, so much extoUed of Lite.

XLVII. A grateful acknowledgment of the assistances given the trans- lator in this work.

THE

GENEEAL PEEFACE TO THE EEADEE.

I HERE present you with the translation of all the laws, Canons, and constitutions of the Churcli of England, that were first made in the Latin, or Anglo-Saxonic tongue, from the first foundation of the Church at the latter end of the sixth Century, to the reign of King Henry VIII. ; and that have been since collected and published by Sir Henry Spel- man, or others.

II. I raeddle not with the British, Irish, or Scottish me- morials, as foreign to my present design, which was to make a collection of all the public monuments of this Church, which serve to give us a vicAv of its government, discipline, and worship, and of the several variations of it from time to time, and I have done it in so moderate a compass, that those of the clergy who want the volumes of Sir H. Spelman, Bishop Lyndwood, and Athone, and are not able to purchase them, may be supplied from this work, at one fifth part of the cost. And though I have omitted very many of Sir H. Spelman's memorials, some as spurious, others as unneces- sary to my present design ; and the greatest part of Lynd- wood and Athone's glosses, as perfectly superfluous : yet I have added some things from other writers, which I thought conducive to the end I proposed to myself.

III. Though all which I publish may be found in other printed books, except some Supplements and emendations taken from manuscripts, yet there they stand either in the impure Latin of the middle ages, not so easily to be under- stood by those who are only versed in classical writers, which is the case of most of the younger clergy; or eise in the Anglo-Saxonic, known by few ; or in the modern Latin trans- lations of the Anglo-Saxonic, which are füll of mistakes. I

VUl

THE GENERAL PREFACE

hope it will not be thought a presuraption in me to say this. Nay, it would be perfect stupidity in mc not to discern the errors of Mr. Lambard and Sir H. Spelman, and bis friend Lisle, by virtue of tbat light whicb tbe two great masters of the Saxonic tongue, Somner and Hickes, have since held out to US ; and I sliould be guilty of ingratitude to tbeir memo- ries, if I did not acknowledge my obligations to them.

IV. The Saxonic text of the memorials published by Sir H. Spelman, is also füll of faults; but especially the laws of King Wihtred, and the Rules of Satisfaction which immedi- ately follow them. And here I had been wholly at a loss, had it not been for the manuscript notes and corrections of Mr. Somner upon these laws, and all the other Saxon me- morials first published by that learned knight. I hoped to find relief in relation to the laws of King Wihtred, by colla- ting Sir H. Spelraan's edition with the original from which he published them in tlie Textus Roffensis"; but that noble manuscript was not at home in its proper repository, during the whole time that I was composing this work. Since my translation of those laws was printed off, I was iuformcd that this Textus was restored to its proper place of residence, and I had the favour of perusiug it : but 1 found no Variation of

■ [Thebook or chartulary called Tex- tus Roffensis, was coinpilcd by Eriiulf, who was bisliop of Rochester f'roni A.D. 1 1 1+ to A.D. 1 1 21-, in tbe reign of King Henry I. It consists of two parts ; the first containingthe laws and constitutions of the Anglü- Saxon kings, in Latin and Saxon, transcrilifd from ancient copies ; and the second giving a iej;ister orchar- tulary of tlie church of Kochester, from the autographs, with sonie otlier matters relatiiig to tliat catliedral, writ- ten in the timesof Ernnlf and bis suc- cessors ; but these last in a latcr liand. In the reign of King Cliarles 1., the Textus RofTensis was in tlie utniost danger of heing secretcd and fmally es- tranged from its rijjhlful owncrs, the dean and chapter of Rocbcster cathe- dra!. One Lionard. a doctor of physic, had got it inio bis hands, and kept it twoytars; but tlie dean, Walter IJal- canqual, aiul the chapter gctling scent of the piirloiner, bcstirrcd tluTiiselvcs, and at last rccovercd tlicir MS., A.D. 1ß33, but not without a bill in cbanci-ry. At the beginning of the next Century happened the acrident to which Mr.

Johnson refers. Being carried by water from Rochester to London, and back again, the bonk by some raeans or other feil into tbe water, but was happily recovered, and without much daniage. A large part of the Textus Rnfltiisis was ])ublished by the fanious Kentish antiquary, Wni. Lambard, in bis Archiconomia, A.D. 15(i8, and another part in bis Perambulation of Kent, A.D. 1576. While this invaluable relic of antiquity was in the possession of Dr. Leonard, A.D. \6:]2, a transcript was niade by Sir Edward Dering, Bart., from which Mr. Hearne aftcrwards pub- lished bis Textus Roftensis at Oxford, A.D. 1720. See also Wharton's Anglia Sacra, vol. i., and Dr. Hickcs's Thesau- rus Ling. Vet. Sept. Tlie above infor- iiiation is taken from " An llistorical Account of that vencrablc montiment of .\ntiquity, the Textus lloll'ensis, read befoie tiic Society of .Vnt (luarics, Lon- don, .lune IS, 17(J7, liy Samuel Pegge, M.A.," printed at the end of vol. i. of Bihliothcca Top. Brit. London : Johu NichoUs, A.D. 1790.]

TO THE HEADER. IX

moment but what Mr. Somner had taken notice of in Ins ■written notes ; yet by inspecting the original, I was able to distinguish between Mr. Soraner's conjectural emendations, and those whicb he made from the Textus itself. Aud by this inspection I further learned, that Sir H. Spelman did most probably never view the manuscript itself: for there are sorae mistakes so very gross that none used to the read- ing of Saxonic monuments could possibly be guilty of thetn. The transcript from which he published them seems to have been made by some one that was a stranger to the Saxonic letters; for the MS. itself is in a very fair band, and well preserved, save where it is tarnished by the salt-water it took in its late travels. But it is observable that Somner never un- dertook to correct the laws in Sir H. Spelman, which had been before published by Lambard ; he seeras to have had a better opinion of what had been done by his own countryraan than of the learned knight's Performances, whose diligence and piety can yet never sufl&ciently be commended, and who in some particulars much exceeded Lambard. In truth, Som- ner, when he wrote tliese marginal notes, was not so able a master of the Saxonic as when he published his Dictionary.

V. I cannot, according to the fashion of editors and trans- lators, give any great eucomiums of the Originals which I copy, as to the beauty of their composure, the elegance of their style, or any other internal or external Ornament that can render them agreeable to the genius of this present age. Yet I can truly say, that they are many of them very useful, and contain abundance of particulars, of which no clergyman (to say nothing of others) ought to be ignorant, if he desire to acquit himself in the discharge of his office, to the honour and beuefit of that Church of which he is a minister. There are four ends, which I chiefly had in view in compiling of this work.

VI. The first, I confess, was curiosity, and a desire of im- proving speculative knowledge. And if I proposed no other end but this in the present work, it ought by no means to be despised. No man should think his time misspent in looking back on the past ages of the Church, and in raaking his ob- servations on the state of religiou, and the altcrations of it, either for the better or for the worse, and on the causes, or

X THE GENERAL PREFACE

occasions of the changes. If gentlemen, and scholars of the brightest parts, find no study more engaging than the old fashions, religion, laws, paintings, buildings, and art military of the Greeks, Romans, and other aneient people ; much more reason have we to suppose, that it must be entertaining to clergymen to see the modes and manners of their prede- cessors in the holy fnnction, and of the people of the same Church faithfully described to them ; especially, when as to the main, by comparing our preseut state with theirs, we may clearly discern that our condition, both as to temporals and Spirituals, is much preferable to theirs. And the true anti- quarian is not to be displeased, because in his searches and enquiries he meets with some things exceeding rüde, or even barbarous ; but feels as much pleasure in the inspection of a brass coin as in one of a more noble metal, and in earthen urns as in pots of gold. I mean, if you consider him barely as an antiquarian, not as a proprietor of the treasure.

VII, It is true a great, and perhaps the greatest part of the Contents of these papers, are things of no great moment in themselves considered. But let me teil my reader, that ignorance in small matters, when it is discovered, does often expose men to as much shame and censure as in things of the greatest consequcuce. And we are often under a neces- sity of drawing arguments frora raatters of little or no con- cern, in order to prove or disprove things that are of a more weighty nature. It Avere easy for mc to give a large list of errors committed by men of great character, both in their writings and conversations, for want of knowledge in such minute points as many of those confessedly are which you may find in these shcets. But I am none of those who take pleasure in haying opcn the errors of others, wliatever some may have said or thougiit of me : I have indeed in this work said several things, or rather the memorials which I publish ia English do contain scvcral things, directly contrary to what has been asserted by men of great name ; but as I can sincercly say, that nothing of this sort procccds from any resentmcnt or personal prcjudicc tliat I have conceived against them, so I have always endeavoured to conceal their persons, that I might give them no provocation, unlcss they

TO THE READ£R. XI

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

VIII. A second design I had in this translation, was to furnish out a strong antidote against popery. And in this respect I cannot but recommend