tithe be divided. If any buy or sell sheep between the winter and summer, and it be certain from what parish they came, the tithe is to be divided, mas in case a thing belong to two several houses*: but if this be not certain, let that church within whose bounds they are shorn have the whole tithe. As to milk, our will is that the tithe of it be paid, while it lasts; of cheese in its season, of the milk itself in autumn and winter, unless the parishioners will redeem it; 'and that to the advantage of the church, our will is, that tithe be paid in full of the " profit of millst. We ordain that tithes be paid 'of pastures of all sorts ‡, whether common or not common, according to the number of the cattle, and the days, and for the advantage of the church §. We ordain, that tithes be demanded and paid in a due manner of fishings, and bees, as of all other things yearly renewing, which are gotten by lawful means. We ordain that P[personal]¶ tithes be paid of handicrafts and merchants, and of the gains of negociation; as also of carpenters ||, smiths, and weavers, 'masons** and victuallers; that is, let tithes be paid of their wages, unless they are willing (with the rector's consent) to make some certain payment for the benefit, or the lights of the church. In demanding the principal legacy, let the custom of the province with the 'possession of the church be observed; but so that the rector, vicar, or annual chaplain have the fear of God before his eyes in making the demand. But because we hear there are some who refuse to pay tithes, we ordain that parishioners be admonished once, twice, and thrice to pay tithes to God and the Church; and if they persist in their refusal, let them be "suspended from entrance into the church, and so be compelled, if need be, by Church censure to the payment thereof. But when they crave a relaxation, and absolution of the said suspension, let them be sent to the ordinaries of the place to be absolved, and punished in due manner. The rectors, vicars, and [Sicut de re quæ sequitur duo domicilia, Lyndwood. Wilkins omits 'duo' perhaps inadvertently.] 't [et hoc ad valorem decimæ et commodum ecclesiæ. De proventibus autem molendinorum, volumus, quod decimæ exigantur et solvantur, ad valorem proventuum, et hoc nisi domini pro valore proventuum faciant redemptionem. W.] [De pasturis autem et pascuis, Lynd., W.] 8 [si expedit ecclesiæ, W.] annual chaplains of churches who do not demand the tithes effectually in manner aforesaid, either for fear or favour of men, or for want of the fear of God, shall be involved in the penalty of suspension, till they pay half a mark to the archdeacon for their disobedience. i Our province, Archbishop Winchelsey. Lyndwood here says, that in some books this is attributed to Archbishop Boniface, in one to an ancient synod at Merton. Boniface held a synod there, Spelman, vol. ii. p. 304. Archbishop Winchelsey's statute here adds, "first our will is, that tithe of fruits be paid in full, without any deductions, or diminution on account of expenses, and of the fruit of trees, and all seeds, and garden herbs t." Walter Gray's constitution is chevisis in the fore-acres, or heads of plough-land, but Archbishop Winchelsey's cheminis in the high ways. The words in hooks are not in the constitution of Walter Gray ‡, but therefore the sense is imperfect, and must be supplied from Archbishop Winchelsey's constitution. 'Winter, says Lyndwood, is from St. Clement's, Nov. 23, till St. Peter's, Feb. 22§. Spring till St. Urban's, May 25. Autumn begins, August 24. St. Bartholomew; but here, says he, winter and summer include the whole year; reckoning from one equinox to the other, or from Michaelmas till Lady-day, or from All Saints to SS. Philip and Jacob, according to several customs. This is a civil law phrase. William Gray's copy says, sicut de re quæ acquiritur ex militia. "Here W. Gray's copy is not intelligible. Lyndwood inclines that tithe was due of the whole profit, or toll of the miller, without any deduction. • W. Gray's copy here has piscariis for pascuis. This word is not in Walter Gray. Walter Gray has arentaria for carpentariis: it is probably an error of the scribe, or press; if not, we must suppose that, he meant tithe of rent. * These are mentioned in Archbishop Winchelsey's constitution only. [Wilkins, vol. i. p. 736, gives the acts of the Concilium Mertonense,' A.D. 1258, but without mention of the above constitution among them. The following is Wilkins's note upon the above constitution as commonly ascribed to Archbishop Gray. Constitutio hæc Bonifacio archiepiscopo Cantuar. adscribitur in MS. Regio ix. B. 2. sub hoc titulo: "Statutum generale London. celebratum per venerabilem virum dominum Bonifacium, archiepiscopum Cantuar." Ex quo MS. sequentia exhibemus. Conc. Brit., vol. i. p. 698.] [So Wilkins in this constitution as ascribed to Abp. Gray.] [As given by Spelman, vol. ii. p. 291, but Johnson's emendation is confirmed by the text of Wilkins, vol. i. p. 698.] § [usque 8 calend. Martii sc. Festum Cathedræ Sancti Petri., Lynd. glo., p. 194, Hyeme.] That is, a mortuary, which first was voluntary, and bequeathed by will, and then gradually grew into a custom. That is, the present manner of paying it. The curate, says Lyndwood on the constitution of Winchelsey, p. 196, may excommunicate in general, and forbid the guilty person entrance into the church, upon condition that such curate be in priest's orders. LATIN. [Lynd., p. 314. Sir H. Spelman, vol. ii. p. 305. Wilkins, vol. i. A.D. MCCLXI. ARCHBISHOP BONIFACE'S CONSTITUTIONS. The Constitutions of Boniface, lord archbishop of Canterbury, (uncle by the mother to Eleanor, queen consort to King Henry the Third, now reigning, brother to Peter, now earl of Savoy,) published at Lambeth. To all the sons of holy mother Church throughout the province of Canterbury, Boniface by divine miseration archbishop of Canterbury, primate of all England, and his suffrafor the information of them that now are, and the gans; remembrance of them that are to be. The sanction of the divine will, which has distinguished p. 746.] the order of all things, and the composition of all nature in weight, number and measure, intended that earthly government should follow the pattern of the heavenly; by restraining mankind (whom it designed to a dignity beyond the rest of the creation) from sensual lust by laws of nature, and from the frailty of their wills by legal institutes; that they who are mighty should not think they were allowed an arbitrary power over those below themselves; nor those below (whom an unalterable series of causes has distinguished from those above them, to whom they are by nature equal) despise the discipline of their superiors. But as this habitable world is subject to the heavenly government, so as to have night and day by a continual succession according to the disposition of the heavenly lights: so the spiritual, and terrestrial, the sacerdotal and regal order of governors should so manage the reins of dominion put into their hands, that [Concilium Lambethense, in quo constitutiones provinciales per Bonifacium, Cantuar. archiepiscopum, edita sunt tertio idus Maii, A.D. MCCLXI, et regni regis Henrici tertii xlv. Ex MSS. Cott. Otho A. xv. et Vitell. A ii. Collat. cum MS. Lambeth. n. 17. et MS. Elien. n. 235.] the force of one should not obstruct the proceedings of the other; but that each should assist the other with a mutual charity; as partaking of that light they have for the dispelling of darkness from men. The former fathers and our predecessors the archbishops of Canterbury, primates of all England, and their suffragans, and especially Edmund, the friend of God, our late predecessor, whose memory is blessed and whose lot is among the saints, and we also, who immediately have succeeded him in the government without deserving it, with our brethren and fellow bishops the suffragans of the church of Canterbury in our times, considering with great concern that the grievances and oppressions which lie hard upon the liberties of the Church of England do not at all turn to the advantage of the king our lord, but rather to the great hazard of the salvation of his soul and ours, and to the lessening of his honour and of that of the whole kingdom, we have often, with great importunity and reverence, admonished and petitioned him, and caused him to be petitioned; and have in season and out of season prayed and required the princes, great men of the kingdom, and counsellors who manage the affairs of the kingdom, that they would remember with how many plagues the Egyptians were smitten because they forced the people of God, the children of Israel, (who were a type of the ministers of the altar,) to serve in brick and clay, subjecting them to undue slavery, contrary to the precept of the Lord and the privilege of natural right, by which a man is bound not to do that to another which he would not suffer himself; that they would prudently consider that Christ so loved His Church (for whose sins fathers are now by force taken from their children, and the sheep worry their shepherds) that He with His own Blood blotted out the handwriting of servitude occasioned by Adam's transgression, 'and has dyed her red with the blood of martyrs fighting with the arms of faith against the princes of the world and secular powers; that they would pay an humble deference to so pious a privilege, that was purchased so dearly (the charter of liberty granted from heaven to the Church, and afterwards renewed upon earth by the faithful princes of the world) by permitting the English clergy with |