like Law is according to the nature of the fact if any of these be committed upon any solemn Festival And if any one will purge let him bring a threefold purgation Of deteining the Duties of the Church by force Cap. 45. If a Dane shall resist by force any one desiring the rights or duties belonging to God let him be punished for breach of the Law An Englishman shall be assessed in a deeper mulct unless he purge himself with eleven men and be himself the twelfth man But if he wound any man let him make amends and pay a grievous mulct to the Lord and let his hands be bored through unless he shall redeem them from the Bishop But if he killed any one let him be outlawed and pursued by all Magistrates with all the harm that they lawfully may And if afterward that man so pursued be killed let it be confirmed and unpunished and no further enquired after Of a man breaking Holy Order 46. If any man violate his Order or Rule of living let him be fined according to the dignity of his Order or price of his head for punishment of the breach of the Law or forfeit all he hath Of Repairing the Church 63. All men by right ought to use their endeavor to repair the Church Of him who keeps a man Excommunicated or Outlawed 64. If any man shall unjustly keep any Fugitive from Gods law let him be restored to right and forgiven those things which did appertain to him and let him pay to the King the price of his head But if any one shall keep and hold any other excluded from the protection of Divine or Humane laws he shall endanger himself and all he hath The Conclusion of Canutus his Laws Now I beseech all men and in the name of Almighty God command every man that they be truly from their heart converted to God and with all care and diligence search out what is to be followed and what avoided And truly it does much conduce to our souls health that we love God and hold his precepts and admonitions and hear his word by his teachers For we shall bring forth these to be seen in that day wherein God shall come to give judgment upon all men according to those things they did whilst they lived And then at length shall that blessed Keeper bring the Flock committed to his charge into the Heavenly kingdom and the joys of Angels for those things which he had done in his life and also that blessed Flock follow that Pastor who hath wreathed it out of the hands of the Devil and give the gain to God And further we study that all men may so agree to please God that for the time to come we may avoid the flames of Hell-fire The Interpreters of Gods Law ought often to preach the benefit of Divine things and indeed it is their function and does much benefit all men to salvation And all men ought with a good mind diligently to hear and have Gods admonitions always fixed in their soul for their profit And lastly that every one by his words and deeds all he can holily and thankfully do well to the greater amplitude and glory of God his Lord for so at length we shall abundantly all of us obtain Gods mercy Let the name of the Lord be praised to whom be laud honor and glory for ever God Almighty be merciful to us all according to his will Amen Ecclesiastical Laws made by Good King Edovard Who began to reign Anno Salutis 1042. Of Clerks and their Possessions Cap. 2. LEt every Clerk and also Scholars and all their goods and possessions wheresoever they be enjoy the peace of God and his Church Of the Times and Dayes of the Kings Peace 3. From the coming of our Lord until eight days after Epiphany let the peace of God and his holy Church be all over our Kingdom also from Septuagesima until eight days after Easter also from the Ascension of our Lord until eight days after Whitsuntide also all the days in Ember-weeks also upon every Saturday from the ninth hour and all the day following until Munday also upon the Vigils of S. Mary S. Michael S. John the Baptist of all the Apostles and Saints whose solemnities are celebrated by Priests upon Sunday and All Saints upon the Kalends of November alwaies from the ninth houre of the Vigil and the following Solemnity Also in Parishes in which the Dedication is observed also in the Parishes of Churches where the proper Feast of the Saint is celebrated And if any one will come devoutly to the celebration of the Saint he shall enjoy peace going staying and returning Also to all Christians going to Church to pray be peace in going and returning In like manner at Dedications Synods to men coming to Chapters whether they be summoned or of themselves have any thing to do be highest peace Also if any man excommunicated flee to the Bishop for absolution let him freely in going and returning enjoy the peace of God and his Church But if any man shall do otherwise with him let the Bishop do justice therefore But if any arrogant man will not amend for the justice of the Bishop the Bishop may make the matter known to the King and the King may constrain the malefactor to make him amends whom he hath outlawed viz. first to the Bishop then to him and so they shall be two swords and the sword shall help the sword Of the Justice of the Church 4. Wheresoever the Kings Justice is or before whomsoever Pleas are holden if one sent of the Bishops coming there opens the cause of the holy Church it shall first be determined For it is just that God be every where honored before others Of all Tenents of the Church 5. Whosoever shall hold any thing of the Church or have a mansion upon the ground of the Church shall not be compelled to hold Pleas out of the Ecclesiastical Courts although he be outlawed unless which God forbid he shall have default of right in the Court Ecclesiastical Of Guilty men fleeing to the Church 6. Whosoever guilty or nocent shall flee to the Church for protection after that he hath gotten the entrance of the Church let him not be apprehended of any man pursuing him unless by the Bishop or his Minister but if in fleeing he enters into the House or Court of any Priest let him enjoy the same security and peace he should have had at the Church so as the house of the Priest and his Court stood upon the ground of the Church Here if the thief or stealer be what he hath evil gotten if it be at hand let him restore but if he hath wholly consumed it and hath wherewith to restore of his own let him make full satisfaction for the damage he brought to him who was damnified But if as is usual the Thief hath not wherewith to do it and by chance hath
alms without doubt he renders his Fast more pleasing to God 50. And we teach that Priests in the office of the Church do unanimously endeavour it and that in every Church they deserve a like yearly stipend 51. And we teach that Priests diligently instruct youth and draw them to learn arts that afterwards they may have the aid of the Church 52. And we teach that Priests upon every Sunday preach to the people and shew themselves an example of good life 53. And we teach that no Christian man eats blood of any kind Litura est 54. And we teach that Priests instruct the people of these things which of right ought to be rendred to God viz. Tythes and other things among which that which is called the Alms of the Plough within fifteen nights * Ciricsetum vel Primitias seminum after Easter the tithes of young living creatures before Whitsuntide the tithe of the Fruits of the earth before the celebration of All-Saints and * * Peter-pence Rome-money at the feast of S. Peter and Ciricsceatum idem cum Ciricsetum at the feast of S. Martin 55. And we teach that Priests so distribute the alms of the people that they render God more merciful and the people more disposed to alms 56. And we teach that Priests sing Psalms when they distribute the alms given and exhort the poor that they diligently pray for the people which gave these alms 57. And we teach that Priests themselves avoid drunkenness and be careful that it may be avoided by other men 58. And we teach that no Priest be either Poet or Stage-player whether it be to please himself or other men but that he so behave himself as is meet for his order prudent and worshipful 59. And we teach that Priests do not swear and be careful to prevent it in others 60. And we teach that no Priest love the company of Women more then is meet but that he love his own proper wife that is the Church 61. And we teach that no Priest bears false witness nor be of council with Thieves 62. And we teach that a Priest besides his duty never intangle himself with the Ordale or Forein oaths 63. And we teach that in purgation a Priest swear not against a man of free condition unless he of free condition swore before 64. And we teach that a Priest be not a Hunter nor Hawker nor Drinker but conversant with his Books as becomes his order 65. And we teach that every Priest should teach Confession and Penance and that men confessing their sins might also make satisfaction and that as need requires he administer the Eucharist and the Unction if it be desired After death let it be carefully covered and where the body is let nothing vain or unseemly be permitted but buried in the fear of God 66. And we teach that every Priest hath oil as well to baptize infants as to anoint the sick and all other apparel due to their publick ministry and by all means promote the Christian faith here by well preaching there by shewing an example in well living Then shall he so be enriched that Almighty God may be merciful to him 67. And we teach that every Priest repeating his Chrism doth not forget to tell what he should have done for the King Bishop in his prayers Of Confession 1. When any one will make confession of his sins let him do it manly and not blush to confess his sins and wickedness in accusing himself because from thence comes indulgence and because without confession there is no forgiveness for confession heals confession justifies Here is a great space in the original Manuscript O Lord I beg that thy mercy may prevent this thy servant that all his iniquities may suddenly be blotted out by Jesus Christ our Lord. Hear I beseech thee O Lord the prayers of the humble crying unto thee I beseech thee O Lord. 2. This thing is to be seriously meditated by him who is constituted Physitian for the souls of men and that he should have known their actions viz. that he may rightly discern them and hold a right reason in imposing censure upon every one of them However the matter be let not the Physitian prejudge the Sinner nor thrust him into desperation When any one will confess his sins first he shall hear him courteously what this his intention should be and whether he would or could humbly confess those things he had committed and search out all his guilt 3. Ask him of his manners and extort his guilt and lay before him all those things he has done But this keep always secret that you may never in the same manner judge rich and poor freemen and servants those elder and those younger the healthful and unhealthful the humble and proud the strong and weak them in Gods service and the secular A prudent Judge shall wisely distinguish concerning the fact viz. What how where and when it was committed And though in no place or time sin is lawful yet upon Festival and Fasting-days and Festival places every one ought more carefully to obstain from this And by how much the greater or of more dignity any one is so much more grievously is every one to be corrected before God and man for his sins For to the strong and feeble a like burden is not to be imposed nor upon one infirm as one healthful but men must distinguish between them with a prudent moderation 4. After these things the Penitent may humbly arise to his confession and first say I believe in God the Father Almighty Governor of all things and in his Son and in the Holy Ghost and I believe there is life after death and I believe I shall rise again in the day of Judgment and I believe that I by the power of God and his mercy am worthy of all these things 5. After these things with a sorrowful mind he may humbly make his confession to his Confessor and bowing his head may say in this manner I confess to Almighty God and Confessor my spiritual Physitian all the sins which ever I have committed by the pollution of Evil Spirits whether in deed or thought whether with men or women or any other creature whether by nature or against nature 6. I confess my Gluttony morning and evening I confess all my avarice envy and backbiting and deceitful vice lying and vain-boasting vain speech ungodly prodigality and haughtiness in every kind which hath any ways happened to this unbridled body of mine I confess I have often been the author of sin the favorer of sin conscious of sin and teacher of sin 7. I confess in my mind to have committed Murder and Perjuries and Sedition and Pride and neglect of all Gods commands I confess all those things which I ever saw with mine eyes either coveting or unduly reproaching and also all those vain and superfluous things which I have heard with mine ears or spoke with my tongue 8.
often gone out of the Church and Priests houses having restored the thing taken away let him abjure the Province and not return and if by chance he shall return let no man presume to entertain him unless he have leave from the King Of breaking the Peace of the Church If any one shall violently infringe the Peace of the Church the Justice Cap. 7. belongs to the Bishops but if one guilty in avoiding their Judgement or arrogantly contemning it shall despise it let the complaint thereof be brought to the King within forty days and let the Kings Justice make him give Security and Pledges if he can get them until he first give God afterward the Church satisfaction But if within one and thirty days either by his friends or acquaintance or by the Justice of the King he cannot be found out the King shall Outlaw him by the word of his own mouth i. e. he shall be excluded out of all protection of the King But if after he shall be found and can be retained let him be restored alive to the King or his head if he shall defend himself Lupinum enim gerit caput which in English is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This is the common and general Law concerning all men Outlawed Of the Tithes to be restored to the Church of Sheep and Hoggs 8. The tenth sheaf of all kinde of corn is due to God and therefore to be restored to God And if any one hath a company of Mares let him restore the tenth colt to God he who hath but one or two for every single colt one single peny In like maner who hath many Cowes the tenth calf who hath but one or two for every calf one single halfpeny and who make Cheese give to God the tenth but if he make none milk the tenth day In like maner the tenth Lamb the tenth Fleece the tenth Cheese the tenth Butter and the tenth Hogg Of Bees In like maner the tenth of the profit of Bees as also of under-Wood In some these two Chapters are joyned of Meadow and Waters and Mills Parks Warrens Fishponds tender Sprouts and Gardens and Merchandize and all other things which God shall give the tenth part is to be restored to him who gave the nine parts together with the tenth who shall have detained it let him be compelled to restitution by the Justice of the Bishop and King if need be For these things St. Augustine hath Preached and are granted by the King Barons and People but afterwards by the instinct of the Devil many have detained it and Priests careless of growing rich did not care to take pains to get them because they had sufficient means of living For in many places now there are three or four Churches where then there was but onely one and so they began to be diminished Of them who are judged to be brought to Judgment or Water by the Cap. 9. Justice of the King In that day wherein Judgment ought to be done let the Minister of the Bishop and his Clerks come thither and in like manner the Justice of the King with Legal men of that Province who may see and hear that all things be rightly done and whom the Lord by his mercy will save let them be quit and freely depart and whom the iniquity of the fault the Lord shall not condemn let the Justice of the King do justice upon them But the Barons who have their jurisdiction of their men let them see that they do so concerning them as they incur not displeasure with God and offend not the King And if a Suit does arise concerning men of other Baronies in their Courts let the Justice of the King be present because without it the Suit cannot be determined If any of the Barons hath not Justice in the Hundred where the Plea shall be holden it shall be determined at the next Church where the Judgment of the King shall be saving the Right of those Barons Of Romescot 10. Every one who shall have Thirty pence of current money in his house of his own property by the Law of England shall pay a Peter penny and by the Law of the Danes half a Mark But that penny ought to be summoned upon the Feasts of the Apostles Peter and Paul and collected at the Feast which is called To the Bonds so that it be not detained beyond that day If any one shall longer detain it let complaint be brought to the justice of the King because this penny is the Alms of the King and it is justice he cause this penny to be restored and the forfeiture of the Bishop and King But if a man hath more houses let him restore the Peter-penny for that wherein he resides upon the feast of Peter and Paul the Apostles Of the Office of the King and of the Right and Appendixes of the 17. Crown of the Kingdom of Britain And the King because he is the Vicar of the highest King and to this purpose ordained that he may both govern and rule the terrene kingdom and people of the Lord and above all things the holy Church and that he defend the same from wrong-doers and destroy and root out workers of mischief Besides these Sir Ed. Coke in Cawdries Case instances in King Kenulph for that King Kenulph by his Letters Patents with the consent and councel of his Bishops and Senators of his Kingdom did give to the Monastery of Abingdon in the County of Berks and to one Ruchnius then Abbot of the said Monastery c. a certain portion of his Country c. and that the said Ruchnius c. should be ever free from Ecclesiastical right or jurisdiction and that the Inhabiters of it from thenceforth be kept under the yoke of no Bishop or their Officials but in all events of things and discussions of causes they be subject to the Decree of the Abbot of the Monastery aforesaid And that this Charter was above * * Counting to the time Sir Ed. Coke wrote 850 years since which was in the year 755. and after confirmed by Edwin of Britain King and Monarch of Englishmen and this Grant did continue until the dissolution of the Abby by Henry the 8. So that the Kings of this Nation have not only of antient time been Nursing fathers to Gods Church and have exercised their Regal power over the persons of all their Subjects in all cases but have even dispensed with and conferred Episcopal jurisdiction But this was only matter of fact and done but only in one place nor was it ever established by a Law before the Statute of Lollard and by Henry the Eight and the First of Eliz. Yet it was afterward as shall appear in the next Chap. used by divers Kings and often adjudged by the Judges before Henry the Eighth CHAP. III. Ecclesiastical Laws made by William the First who began to reign in the year of Christ 1067. THat Nations and Kingdoms
Before all things they propounded one God to be devoutly and holily worshiped and that there should be no Heathen worship c. Therefore they first decree that the peace of the Church be kept within Cap. 1 the walls holily and inviolably and also that tranquillity which is delivered into the Kings hand Furthermore if any man shall renounce the Christian faith so as by words or deeds he advance the Heathen worship he shall forfeit the price of his head or the punishment of the Law according to the offence If a man entred Religion or bound to God by promise steal or fight or forswear or commit adultery he shall forfeit the price of his head or suffer punishment for transgressing of the Law according to the nature of the crime at least he shall satisfie God according to the rules of the Church and be cast into prison if he cannot find Sureties If a Priest upon Feasting-days or Fasting-days shall go astray if it be among Englishmen let him be fined thirty shillings but if it happen among the Danes let him pay half a mark If a Mass-priest upon appointed days provide not Oil or deny Baptism as the use is among the English let him be fined and with the Danes the breach of the Law is twelve * * Quaere the value of an Oran Oran If any man of Religion commit any thing worthy of death let him be taken and held to the Bishops judgment Of Incest Furthermore it seemed good to the wise men that of men guilty of Incest the King shall have the higher and the Bishop the lower unless he shall abundantly make recompence to God and men and shall perform what is enjoined them by the Bishop If two brethren or two of the same alliance commit fornication with the same wife let them be fined the value of their head or be punished for the transgression of the Law according as is meet and as the crime deserves If a man condemned to death desires ingenuously to confess his sins to a Priest let it be granted him And let all men Gods laws so follow that they obtain Gods mercy and be acquitted of wise men If a Dane pay not his Tythes let him undergo the punishment of the breach of the Law let an Englishman be fined If a Dane withhold what is due to Rome let him be punished for the breach of the Law let an Englishman be fined If any Dane pay not to the Candles let him be punished for breach of the Law let an Englishman be fined If a Dane shall not pay the just Alms of the Plough let him be punished for breach of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Law let an Englishman be fined If a Dane shall suppress or retain any Divine Laws or Duties let him be punished for breach of the Law let an Englishman be fined If any man wilfully wound another offering Divine service let him be guilty of death but if he shall die let him be outlawed and all Ministers of Justice apprehend him hurt or unwilling And if it were his fault that he was stricken or did against Gods law or resisted the King if a man so flatter himself let him be without recompence or as we say he has the means in his own hands Of working on Holidays If a Dane sell any thing upon Sunday let him forfeit the thing and twelve Ora's an Englishman thirty shillings If a Freeman do any work upon an Holiday let him forfeit his freedom or be fined and punished for breach of the Law let a Servant be beaten or be made to fear being beaten If a Dane shall make his Servant work upon a Holiday let him be punished for breach of the Law and an Englishman be fined Laws Ecclesiastical made by King Aethelstan Who began to reign in the year of our Lord 924. I Aethelstan King by the prudent counsel of Walshelmes mine Archbishop and other my Bishops command all Governors that are in my Government in the name of God and all his Saints and for their good will towards them that before all things they pay just Tythes as well out of our property as the duties of living creatures and fruits of the earth and that all Bishops Ealdermen and Sheriffs do the same thing And I will that my Bishops and Sheriffs who sit in judgment upon other men that they observe this rule and that they finish all these things upon the day we have appointed viz. the Anniversary of S. John Baptist beheaded Further when we think with our self what the most excellent Father Jacob said to God I will offer my tythes and a peace-offering to thee and what the Lord spake in the Gospel To the all-having man shall be given and he shall abound We moreover may think on those things which are so terribly written in this very book If you will not pay your tythes giving us only the tenth part the nine parts shall be taken from you Also we are admonished that Heavenly things are more excellent then Earthly and eternal things then our frail bodies Whensoever therefore ye hear what the Lord commands and what we ought to follow those things only I would have you to do which you can justly and lawfully prepare Of Church-breaking Cap. 5. Concerning the Ordal see Versteg an Seld. annal Anglo lib. 2. cap. 8. and Lamberts pref Saxon laws Cap. 23. And we command concerning Church-breaking if he be a man of the threefold * Ordal let him give satisfaction as is rehearsed in the Judgment-book Of them willing to undergo the Ordal If any man will undergo the Ordal then let him come three days before the Mass-priest hallow it and feed himself with bread and salt and water and worts before he go to Trial and let him go to Mass every day and The trial of the Ordal was either to be soused over head and ears in cold water or to thrust his hand a cubit deep into boiling hot water or to go barefoot or hold a burning hot iron in the Triers hand If they neither shak'd the rope to be pulled out of the water nor burned nor scalded their hands or feet they were acquited offer his gift and upon the day he shall undergo the Ordal let him take the Eucharist and swear that he is innocent and knows nothing of the wickedness whereof he is accused If it be of cold Water that the Question made let him be plunged over head and ears half an ell in the water but if it be of Iron let him hold it three days before he put it out of his hand And the Accuser shall proceed to follow the oath he made before and both shall fast by the command of God and the Bishop and let there be on neither side above twelve men but if the Accused comes with more then twelve men then unless they will depart let the Ordals be void And upon each Friday let every one of Gods Ministers in every Church
I confess all sins of my body of skin and flesh and bones and nerves and of kidnies and gristles and of my tongue and lips and of my jaws and teeth and hair of my marrow and of every other thing which is soft or hard wet or dry I confess I have observed my Baptism worse then I have promised to my Lord and the profession by which I was bound to keep for the praise of God and his Saints and the eternal health of my self I confess I have often neglected my Canonical hours and have often forsworne the Life of God and taken his Name in vain 9. I ask and beseech my Lord for remission of all these that the Devil may never by his snares prevail against me lest at any time I should die without confession and amendment of my sins even as to day I have confessed all my sins before our Lord and Saviour Christ who governs heaven and earth and before that Altar and those Reliques and before my Confessor and Mass-priest of the Lord and as I have given a pure and true confession and am ready to correct all my sins and as much as in me lies with all carefulness hereafter to avoid them 10. And thou O Jesu Christ my Saviour have mercy upon my soul and forgive I pray and blot out all my sins and transgressions which I have ever either heretofore or lately committed and lead me into thy heavenly kingdom that there I may be conversant with the Elected and thy Saints without end and for ever Now I humbly beseech thee O Priest of God that thou be a witness for me in the day of Judgment that the Devil hereafter may have no power over me and that thou mayst be a pleader for me to the Lord that I may amend my sins and transgressions and desist from committing the like again May God enable me to perform this who liveth and reigneth without end in everlasting Amen The manner of injoining Penance 1. If an old man or young man rich or poor man sound or infirm shall unwillingly offend another of any order it shall not be so taken as if he had wilfully done it or on set purpose And also if any one compelled by necessity shall have committed any sin for this thing because he did by necessity commit it he shall always rather deserve forgiveness and milder censure 2. Each Deed is to be carefully distinguished for Gods and Mans sake These Services are observed in Parts beyond Sea viz. 3. That every Bishop take his Episcopal seat upon that Wednesday which is called the head of the * Fast and then let every one in his Diocese come unto him who is guilty of any grievous crime and when he shall have Ashwednesday confessed this his Confessor shall teach him penance proportionable to the crime he is guilty of And if any one be worthy of a more grievous sentence he shall separate him from the communion of the Church yet shall he grant and exhort him that he follow his necessary imployment and so at length he may return home having obtained pardon 4. And after that upon Maunday-Thursday let all be called together to the same place and the Bishop singing over them some of the Hymns pronounce absolution to them and give them leave to return home with his benediction to them This is to be observed of all Christians 5. Yet ought the Priest diligently to enquire with what contrition and with what perfection and plenitude every one hath fulfilled the penance enjoined him and accordingly grant this remission 6. If a Layman without cause kill another let him fast seven years in bread and water and four of them as his Confessor shall appoint and also the seven years penance to boot and alwaies bewail his sin all he can because it is unknown to men how much his penance hath prevailed with God 7. If a man desire to kill another and cannot fulfil it let him fast three years viz. one with bread and water the other two as his Confessor shall injoin him 8. If a man shall unwillingly slay a Layman let him fast three years one with bread and water the other two as his Confessor shall appoint and let him always lament his transgressions 9. If he were a Subdeacon let him fast six years if he were a Deacon let him fast seven years if he were a Mass-priest ten years and if a Bishop twelve and always lament 10. If any man so chastise his son that he thereof die although against his will let him fast five years with bread and water ut supra 11. If a Bishop or Mass-priest shall kill any one let him lose the dignity of his Order and his penance be always 12. If a woman shall kill an infant either in her womb or after it shall be born whether by taking a potion or any other way let her fast ten years viz. three in bread and water and the other seven accordingly as her Confessor shall in mercy impose and always bewail the fact 13. If a man without cause in his rage slea his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 let him fast 3 years 14. If a husband shall out of any impious jealousie beat his wife so as she therefore dies guiltless yet let him fast three years and always bewail his misdeed 15. If a man shall of his own accord have killed himself whether with a weapon or any other devilish instigation it is not lawful for any man to sing a Mass for such a man nor to bury him with singing Psalms nor to cover him with earth being laid in a lawful sepulchre The same Judgment is to be given upon him who mischievously ended his life with pain as also a Thief Murderer or Betrayer of his Master 16. If any one of twenty years of age hath defiled himself with a beast be it male or female let him fast fifteen years And if he hath a wife and be forty years old and shall have done such a thing let him both abstain and fast all his life long nor let him presume until he be ready to die to take the body of our Lord. A young man or foolish shall be grievously beaten who shall commit any such fault 17. Whosoever shall break wedlock be it wife or husband shall fast three days in every week with bread and water for the space of 7 years 18. Whosoever repudiates his wife and takes another dissolves the wedlock No man ought to cast off though for life or death any of those things which by due right belong to Christians neither may he be buried who does this among Christians And concerning a Wife let the same thing be done And the Kindred who were present or gave counsel to these things let them be punished with the same sentence unless they sooner repent and diligently amend 19. If a man hath a Wife and also a Concubine let no Priest give them any thing belonging to Christian rights unless he penitently return
the Lord of the Ground go with the Priest and without thanks take away and restore to the Church what shall belong to it and leave the Ninth part to him who would not pay the Tenth let them divide the rest into two parts let the Lord have one half the Bishop the other be he a Kings man or another Romfeath ought to be restored upon the Feast of St. Peter in bonds he who shall keep it beyond that time let him restore that penny to the Bishop and thirty pence let him add to the King 50 s. Who shall keep Cherisceat beyond the Feast of St. Martin let him restore it to the Bishop and pay eleven fold and to the King 50 sol Who married shall commit adultery let the King or Lord of him have the superior the Bishop the inferior Who shall commit perjury upon holy things * * Laying his hand upon the book I think let himlose his hand or half his were viz. half the Cap. 11 price of his head and this is common to his Lord and the Bishop Who shall bear false witness let him not afterwards be admitted for witness but restore to the King or the Lord of the Soyl Helfeng ' * * Neither Mr. Lambert nor Whelock give any construction of Helfeng that I can finde Who shall kill a man in Orders or malign him let him make him amends as is right and the amends of the Altar according to the dignity of his Order to the King or Lord sufficient breach of the peace or deny it with full purgation Plena lada neget If any man guilty of death desires confession let it never be denied him but if any man shall do it let him pay the King one hundred and twenty shillings or swear with five men that he did it not If a free-man work upon Holy days let him amend his helfeng and at least diligently make composition with the Lord. If any man by force holds the Rectitudes of God Rectitudines Dei let a Dane pay lahite an Englishman full witam or deny it with eleven * * Or twelve in Mr. Seldens Ms and Mr. Whelocks if he should there wound any man let him amend this and restore full witam and redeem his hand of the Bishop or lose it If he kill a man let him be outlawed and every man that desires right follow him with clamor if it comes to pass that he be killed by this that he resisted right if this thing be verified let him be unrevenged He who shall make a breach of his Order let him amend it according to the dignity of the Order wera Wita Lahilita * * Lastita Mr. Seldens Mr. Whelocks Ms and with all mercy Let every widow be without a husband twelve moneths afterwards she may choose whom she will and if within a year she take a husband let her lose her Morgangifan * * Dower and all her money which she had from her first husband and let her husband forfeit to the King the price of his head or to whom the King shall grant it If a man unjustly hold a fugitive of God let him restore him to right and pay to him whose he shall be and satisfie the King according to Legergild If any man hath a man excommunicated or keep him outlawed and all his forgiveness and all amendment commonly made better by Christ and the King is utterly lost wheresoever the Law of God shall be refused to be justly kept according to the word of the Bishop and it will be expedient that he be compelled by the Secular power Because Justice and Secular distriction are necessary for the most part in Divine Laws and Secular Institutes for that otherwise many men cannot be recalled from their ill ways many will not be inclined to the worship of God and observance of the Law from whence by the much infesting of ill men it is provided for the profitable dispensation of peace that the more weighty pleas and things more to be punished be brought to Justice alone or the mercy of the Prince that pardon may be more abundantly had to men desiring it and punishment to sinners but in causes which may be amended for the compassion of the Saints it is permitted that the earthly Lords by their leave may presume to take pecunial amends according to the Law of the Countrey Of the kindes of Causes Cap. 21. There are also some kindes of Causes put before as we have said to be more freely expedited in the amendment of which the King does more particularly communicate wheresoever they are done in Divine or Secular things over Kings men and Ecclesiastical and of Barons men and he hath totally or particularly * * Or acephalos âcefalos pauperes sive socham of which are Adultery Fornication homicide in a Church breach of the peace or order or Christianity or Legality if it be needful to be done by the Secular power that right may be done De Christianâ consuetudine locutionum secundum quod sunt 64. Towards the latter end interline 25. and end A Priest who leads a regular life in a simple accusation may swear alone in a threefold with two of his Order a Deacon in a simple compellation may accompany himself with two Deacons in a threefold with six A Countrey Priest may purge himself as a regular Deacon a Priest accused by his Bishop or Archdeacon may swear himself the sixth of lawful Priests as they are prepared at Mass Of killing a Minister of the Altar 66. If any should kill a Minister of the Altar let him be outlawed before God and man unless he repent with worthy satisfaction and justly compound with his parents or throughly deny it with purgation of his head * * Werilada and begin this within thirty nights before God and man above all he hath If any Minister of the Altar kill any man or if it be extraordinarily declared by bad actions let him be both deprived of his Order and go on Pilgrimage as the Pope shall enjoyn him and amend the work But if he will purge himself he may do it triply but unless he shall begin this within thirty nights let him be outlawed before God and men If any man any ways afflict any man Ordained with stripes or bonds let him make him amends as is meet and to the Bishop the amends of the Altar according to the dignity of his Order to the King or Lords sufficient breach of the Kings peace * * Mundbrecho or deny it with sufficient purgation * * Plenlada If any man condemned to death desires to be confessed let it never be denied him but if any man should deny him let him give the King in satisfaction one hundred shillings or swear with six men that he did not do it If any man by force takes away Gods rights let a Dane amend with Lah sliht full Wytam with