9. That the corpses of the dead be not buried in churches. 10. That the bells be not tolled at celebrating in the time of the a secret*. The Secretum Missæ is the canon of the mass going before the elevation. Not that there was yet any such ceremony as that of the solemn elevation used in order to the worshipping of the host; but the bells were rung as soon as the consecration was finished, in order to excite the people to prayers, as William archbishop of Paris teacheth us in his fourteenth canont, and the consecrated host was shewed to the people at the same time; this was at the beginning of the thirteenth century; the worshipping of it came in soon after. It is great pity that we have not these and the foregoing canons at large, they would probably have given us considerable light into the practices of a very dark age. 11. That bishops only give penance for gross crimes ‡. 12. That monks who have thrown off their habit be neither admitted into the army nor into any convent of clerks, but be esteemed excommunicate. 13. That every bishop celebrate a synod once a year§. 14. That tithes be paid by all. 15. That clergymen either live chastely, or desist from their office. 16. That chalices be not of wax or wood¶. [10. Quod tintinnabula non pulsentur, quando missa celebratur tempore secreti. S. W. The only variation of MS. X. is 'secrete,' as if the ellipse were orationis. Perhaps this head of a canon may be illustrated by the following: "Sonantibus omnibus signis chorum introeant, eisque cessantibus missam incipiant." Constitutiones Lanfranci, A.D. 1072; Wilkins, vol. i. p. 342. These last-named constitutions, printed by Wilkins from MS. Dunelm. B. iv. 24, fill forty-one folio pages, and give much informa tion respecting the use of bells and the arrangement of services at the time they are not in Spelman, and must have been unknown to Johnson.] + [Additiones Willelmi Parisiensis Episcopi ad Constitutiones Gallonis Card. A.D. 1208. can. xv. Concilia, tom. xxii. col. 768.] [11. Quod de criminibus soli episcopi pœnitentiam tribuant. X. S. W.] § [13. Quod quisque episcopus omni anno synodum celebret. X. S. W.] ¶ [vel lignei, omitted in X.] LATIN. A.D. MLXXII. SOLDIERS' PENANCE. THIS is the institution of penance according to the decrees of the Norman prelates (confirmed by authority of the chief pontiff, by his legate Hermenfride bishop of Syon) to be imposed upon those men b'whom William duke of the Normans commanded to be in arms, and upon those who were in arms without his command and did of right owe him military service *. Here I follow Mr. Somner's emendations: Sir H. Spelman's copy is corrupted. [Addenda.] [Somner thus corrects the Latin, viz., quos Willielmus Normannorum dux suo jussu armavit, et qui absque jussu suo erant armati et ex debito, &c.] 1. Let him who knows he killed a man in the great battle do penance one year for every one, according to the number [slain by him]. It is strange that they who allow the lawfulness of war, and of killing men in battle, should yet enjoin penance to men for doing their duty as soldiers yet this is what all the ancient penitentiaries do. The canons ad remedia peccatorum, which are the most ancient of the English, enjoin but forty days' penance for killing a man in battle. Can. 3+. 2. For every one that he struck, if he do not know that he died of the blow, if he remember the number, forty days for every single man, either all at once, or by intervals. 3. If he know not the number of men whom he has slain, or struck, let him do penance one day in every week, at the discretion of the bishop, as long as he lives; or if he be able, let him redeem it with perpetual alms, by building or endowing a church. [Wilkins follows Somner's emendation as given in Johnson's note from the Addenda. The reading of MS. X., which seems to be the authority quoted in Spelman's margin, is as follows: quos W. Normannorum dux suo jussu, et qui ante he jussu sui erant, et ex debito ei militiam debebant.] + [Spelman, Conc., vol. i. p. 283.] 4. Let him that intended to strike any one, though he did it not, do three days' penance. 5. As for those of the clergy who fought, or armed them selves to fight, because fighting is forbidden them according to the canonical institutes, let them drepent as if they had sinned in their own country. Let the penances of the monks be stated according to their own rule, and the judgments of the abbots. The clergyman's penance for murder was perpetual imprisonment; or at least living close in a monastery, on hard fare; but much was left to the discretion of the bishop. 6. Let them who fought through hopes of reward only, know that they ought to do penance as for murder. * The common penance for wilful murder was seven or ten years: yet by the old canon last mentioned it was but four years for killing a layman, seven years for killing a clergyman. This last case was now reserved to the pope, who acted at discretion. 7. But the bishops have appointed three years of penance to them who fought in the public war 'for the discharge of their amerciaments*. Pro misericordiâ. Lat. 8. As for the archers, who have ignorantly killed, or wounded any without killing of them, let them do penance for three Lents. 9. Whoever from the beginning of this battle†, before the king's consecration, have run up and down the kingdom to get victuals, [and] have killed any of their enemies who made resistance, let them do a year's penance for every one whom they killed. 10. But let them who have run up and down not for want of victuals, but to get plunder, and have killed any, do three years' penance. [Pro misericordia' rather means 'for mercy,' that is, as a compassionate mitigation of the full penance. This and the foregoing sentence are clearly connected, and in MS. X. stand thus: Qui autem tantum præmio adducti pugnaverunt cognoscant se sicut pro homicidio pœnitere debere. Sed quia in publico bello pugnaverunt pro misericordia tres annos pœnitentiæ eis episcopi statuerunt. Bodl. MS. Jun. 121 f. 3 b.] + [excepto hoc prælio, S. W. Rather, 'this battle excepted.'] 11. But let him who hath killed a man since the consecration of the king do penance as for wilful murder: saving that if any one killed or struck a man that was yet resisting the king, let him do penance as above. 12. Let a man do penance for all manner of adulteries, rapes, and fornications, as if he had sinned in his own country. 13. As to the violation of churches, as also things which they have taken away from churches, let them, if possible, restore them to that [church] from which they took them; if that cannot be, to some other church. But if they refuse to restore them, the bishops have ordained that neither they do sell them nor others buy them. LATIN. Sir H. Spelman, Ex MS. A.D. MLXXV. LANFRANC'S CANONS AT LONDON. IN the reign of William the glorious king of the English, the ninth year, was assembled in the church of the blessed vol. ii. p. 7. Apostle Paul, London, a council of the whole English nation, Wigorn. viz., of bishops, abbots, and many persons of religious order, Ecclesiæ. Lanfranc the arch-prelate of the holy church of Canterbury, [Wilkins, vol. i. primate of the whole isle of Britain, calling and presiding in p. 363.] the same; the venerable men Thomas, archbishop of York, William, bishop of London, Goisfrid of Constance, (who, though a foreign bishop, yet having much land in England sat in council with the rest,) Walkelin of Winchester, Herman of Shirburn, Wulstan of Worcester, Walter of Hereford, Giso of Wells, Remigius of Dorchester, or Lincoln, Herfast of Helmam, or Norwich, Stigand of Seolsey: Osburn of Excester, Peter of Lichfield: Rochester church then wanted a pastor: the bishop of Lindisfarn, or Durham, could not be present in council, having a canonical excuse. *["Ex vetusto registro Wigorn. eccles. collat, cum MS. Cantuar. eccles. A. vii. 6." See also in William of Malmesbury de gestis Pont. Angl., lib. i. p. 212. Rer. Angl. Scriptt. post Bedam Franc. 1601.] * Alias Gauffrid. This preface was written by a later hand, after all the village bishops were translated to cities. This bishop was born in Lorrain, and was a great favourite of William the Conqueror, as well as Edward the Confessor: for he too was fond of foreigners. Many things were renewed, which are known to have been defined by old canons, because councils had been disused in the kingdom of England for many years past. It was ordained according to the council of 'Milevis, Brague, and the fourth of Toledo, that bishops should take place according to the time of their ordination, unless their sees had the privilege of precedence by ancient custom. The seniors being asked what they had seen, or heard from others as to this point, had time given them till next day to make answer, as they did, viz., that the archbishop of York ought to sit at the right hand of him at Canterbury, he of London on the left, Winchester next to York; but if York were absent, then London at the right hand, Winchester at the left of Canterbury. 'See can. Mil. 13*. can. Bracar. (A.D. 563.) 6+. can. Tolet. (A.D. 633.) 61. k 2. 'That monks observe their order according to the rule of Benedict, and the dialogue of Gregory, [that the young [monks] be kept under masters in proper places appointed for this purpose; that all of them carry lights by night, unless such as are not allowed by their prelates to have any thing of their own §.] If any without licence are discovered to have any thing of their own and do not with repentance confess, and discard it before they die, let not the . bells be tolled, nor the salutary sacrifice be offered for such an one, nor is he to be buried in the churchyard. * Malmesbury's copy, and that of the public library at Cambridge, instead of the words in [ ] have only these following, viz., "that monks nothing of their own." [Concil. Milev. A.D. 416. can. 13. Concilia, tom. iv. p. 330.] [Ibid., tom. ix. p. 778.] tom. x. p. 617.] [Ex regula beati Benedicti dia logo Gregorii, et antiqua regularium locorum consuetudine, ut monachi ordinem debitum teneant; infantes præcipue et juvenes in omnibus locis deputatis sibi idoneis magistris custodiam habeant; nocte luminaria ferant generaliter omnes, nisi a prælatis concessa proprietate careant. Ŵ.] |