any manor committed to his custody*, unless he be an "obediential: let the offender be corrected by his superior, let [47. W.] not religious take any churches to farm, so as to claim any right after the death of the [present] parson: if they do, let them be punished at the discretion of their superior. 'That is, the monastery: as a parochial church often implies the parsonage, so a monastic church implies the monastery belonging to it. * See Const. 35. All the offices of the monastery were called obedientials. [Lynd., p. 211.] 47. Let neither monks nor canons regular spend time in [48. W.] eating or drinking, save at the stated hours. They may by leave quench their thirst in the refectory, but not indulge. Here we except the infirm, and such as attended the prelates. p. 211.] 48. We ordain that when the monks for any just cause [49. W.] are under a relaxationa†, they have two seniors with them to [Lynd., awe the rest, and to check their levities, and testify their good behaviour under their relaxation. We would have the same observed by canons regular and nuns. * That is, in their country seats, which they had for this purpose. Sir H. Spelman's copy has maneria, the Oxford misericordia. One explains the other; Lyndwood takes no notice of this constitution. 49. We ordain that no churches belonging to particular [36. W.] parsons be let to farm, but for a just cause approved by the [Lynd., bishop, and to one in orders, of whom it may be presumed that he will apply the fruits to good uses‡. ter misericorditer fuerint conversati. Misericordia, i. e. Relaxatione auste- Misericorditer, i. e. in misericordia existentes, Provinciale, lib. iii. tit. 19. p. 211, 212.] [Here follows in the appendix of the Oxford edition of Lyndwood, Wilkins's 37th constitution; see above, constitution 12.] p. 151.] [38. W.] [Lynd., p. 74.] [39. W.] [40. W.] 50. Because marriages are often obstructed by "advocates, we ordain that when sentence is given in favour of a marriage, the advocate who opposed it be deprived of his advocateship for one year, unless the judge in giving sentence excuse him on account of such error or ignorance as just and rational men may be guilty of. b Who start false objections and make frivolous appeals, says Lyndwood. 51. [We charge that for the future Jews do not keep Christian slaves. Let the slaves be compelled by ecclesiastical censure to observe this; and the Jews by canonical punishment, or by some extraordinary penalty contrived by the diocesans. Let them not be permitted to build any more synagogues; that they be looked upon as debtors to the churches of the parishes wherein they reside as to tithes and offerings.] These two last constitutions are only in the Oxford copy: yet it is very probable that they are genuine, because they agree in the main with the sixth title of the fifth book of Decretals, which relates wholly to the Jews and the sixty-eighth canon of the council of Lateran, 1216*, enjoins them a distinct habit. When these constitutions speak of a canonical punishment to be passed on the Jews, they can mean no more but a prohibition of mutual commerce between Christians and Jews; if they mean that the Jews were under their cognizance, as pastors of the church of Christ, it is certain they only exposed themselves; they might as well claim authority over the Indian brachmans. I do not observe that the canon law pretends to lay any censure upon the Jews, but only in some cases forbids Christians to deal with them, and this was more than could be justified. Lyndwood was wise not to meddle with these constitutions. 52. [To prevent the mixture of the Jewish men and women with Christians of each sex, we charge, by authority of the general council, the Jews of both sexes to wear a linen cloth two inches broad, four fingers long of a different colour from their own clothes, on their upper garment before their breast; and that they may be compelled to this by ecclesiastical censure. And let them not presume to enter into any church, nor for that end to lodge their goods there+. If they do, let them be corrected by the bishop.] [Conc. Later. IV. (Innoc. III.) A.D. 1215, cap. 68; Concilia, tom. xxii. col. 1055.] [Et ne occasionem habeant ingrediendi, inhibemus distincte, ne deposita eorum in ecclesiis conserventur, W.] To give a good conclusion to all, we charge that the 'La- [50. W.] teran council, celebrated by H. Innocent the pope *, be observed by all, as to the payment of tithes, and all other matters: and that the constitutions thereof, together with these, be read and explained yearly in the episcopal synods, as also the excommunications publicly enacted in this synod, which are likewise to be read four times in every year in the parish churches. [Lateranense concilium sub sanctæ recordationis papa Innocentio (tertio addit B.) celebratum, W.] [Lynd. app., p. 7. Wilkins, vol. i. p. 593 +.] A.D. MCCXXIII. SUPPOSED CONSTITUTIONS OF ARCHBISHOP LANGTON. HERE is evidently the conclusion of this council; but in the Oxford copy eleven more constitutions are added; the first of these I find no where else, and therefore here present it to my reader *. 1. Baptism shall be celebrated with great reverence and caution, and in the prescribed form of words, wherein the whole virtue of baptism consists, and likewise the salvation of the children, that is, "I baptize thee in the name of the Father, and of the Son, and of the Holy Ghost. Amen." 'And let a name be given to the child, and [let it be done] in the language which is best understood by them. Let priests often instruct laymen, that they ought to baptize children in case of necessity, and it may be done even by a woman, or by the father or mother of the child. Let the priest diligently enquire of the layman who has baptized a child what he said; and if he find that it was done discreetly, and in due manner, and that he pronounced the form of words in his own tongue, let him approve what has been done; but if not, let him rebaptize the child. Let three at most be allowed to lift the child out of the font §. [For parallel passages respecting baptism, see A.D. 1200. 3, Wilkins, vol. i. p. 505; Conc. Dunelm. (circa 1220) ibid. p. 575-6; Conc. Prov. Scot. 1225, c. 55, ibid. 614; Const. S. Edmund, 1236, c. 9-13, ibid. p. 636; Const. Othobon., A.D. 1268, ibid., vol. ii. p. 2.] t["Statuta legenda in concilio Oxoniensi edita per dom. Stephanum Langton Cantuar. Archiepiscopum, anno Dom. MCCXXII. Ex MS. Hatton. in bibl. Bodl. Oxon. 24."] [The text from which Johnson made the above translation runs thus: Et ut nomen baptizato imponatur, et sub eadem forma, quam melius noverint, doceant frequenter sacerdotes, lai cos baptizare debere pueros in necessitate, et mulieres, et patrem et matrem pueri in summa necessitate. Lynd. app., p. 7. Wilkins's copy in this and some other places, apparently through fault of the MS. Hatton. Bodl. 24, is less clear, but is generally more clear and full than that in the appendix to the Oxford edition of Lyndwood, from which it differs so widely that no attempt is here made to state the discrepancies.] [Ad levandum puerum de sacro fonte tres ad plus recipiantur. W. and Lynd. app. See following page, last note.] If the children are baptized by laymen, let the priest perform what follows the unction*, not what goes before. If there be any doubt of a person's being baptized or confirmed, let the sacrament be administered without hesitation: that cannot be said to be repeated which is not known to have been done at all: 'let such as are found with salt be baptized if there be any doubt of their baptism†: and in honour to baptism, let the water with which the baptism was performed be thrown into the fire, or be carried to the church to be put into the font. Let no deacon or inferior clerk baptize, or enjoin penance, but only priests, except in absolute necessity, when the child or sick man are in the utmost danger of death, and the priest is absent; or if he be present, yet cannot, or foolishly will not do it. We charge that the 'vessels in which any have been [so] baptized ‡ be carried to church, and there applied to some necessary use, and not to any common purpose, out of reverence to the sacrament. We charge that the fonts in which children are baptized be of stone; or however, whole and decent, that they may occasion contempt or aversion in none, but be had in veneration by all. This was the godfather or godmother's part §. • It is evident that they who exposed children used to lay salt upon them. Whether they intended by this to signify that they were or were not baptized, I do not certainly find; but it seems probable that they meant thereby the child was baptized; yet this was not allowed to be a sufficient proof of it. I am persuaded that this was a constitution made about this time, or perhaps never properly made, but only designed as a rough draught; or else this was a hasty transcript. 2. This is the same with the second of Walter Reynold, A.D. 1322. 3. This is the same with the fourth of Walter Reynold, aforesaid. [immersionem, W.] [et quod baptizentur expositi, de quorum baptismo probabiliter dubitatur, si inveniantur cum sale sive sine sale, quo casu ita dicatur: Si tu es baptizatus non te baptizo; sed si non baptizatus es, ego baptizo te in nomine Patris, et Filii, et Spiritus Sancti, W.] [casulæ quibus noviter baptizati induuntur, W., cassulæ quibus noviter baptizati fuerint, Lynd. app. The chrysoms or baptismal garments are clearly meant: see below, A.D. 1236. 13.] [See above, A.D. 785. 2. vol. i. p. 267 +.] |