tax, especially as to the former part of it, though the sense is not very difficult. A clerk that had successively married two wives, lost all his privilege by the canon law. Therefore the secular judges thought they might safely treat such as laymen, but this could not be borne. • He who married a widow or a corrupted maid was a bigamist according to the canon law, or rather was treated as a bigamist: our temporal courts did not allow of this. That is, tonsure and clerical habit. 6. The sixth is the first extravagant of John Stratford, with some alterations, which the reader shall have in their proper place. 7. The seventh is the seventh extravagant of the said John Stratford, but curtailed. 8. The eighth is the eighth extravagant of the said John Stratford, with small variations. The following constitutions are not in Sir H. Spelman. A.D. MCCCXXII. ARCHBISHOP REYNOLD'S LATIN CONSTITUTIONS. LATIN. [Lynd., p. 33. ] Spelman, p. 498*. [Lynd. app., p. 39. Wilkins, THE provincial constitutions of the lord Walter Reynolds, archbishop of Canterbury, published in the second council holden at Oxford, A.D. 1322, in the sixteenth year of the Sir H. reign of King Edward II., John the First, alias two and vol. ii. twentieth, being pope. 1. How reverently, contritely, and devoutly men should go to the sacrament of order is shewn by this, that it is con- vol. ii. ferred by none but the high-priest, that is, the bishop, and p. 512+.] at certain places and times, with fasting, not only by such as are to be ordained, but by all the people: therefore regarding the canons, we forbid any to come or be admitted to orders without canonical examination. Let no lesser clerks be admitted to the inferior degrees, unless they have proper presenters, and upon their testimony let them be admitted. Let no simoniac, manslayer, excommunicate, usurer, sacrilegious person, incendiary, falsary, or any one under a canonical impediment presume to go into any orders whatsoever; nor let him in anywise be presented or admitted to them. Let not 'such as have been ordained in Ireland, [Lynd., Wales, Scotland, or elsewhere, without letters commenda dispositas, ac paululum aliunde auctas, p. 47.] [Lynd., p. 32.] [p. 34.] tory or dimissory from their own ordinaries*, be admitted by any one within our province to officiate unless in case of great necessity; and that even they be dispensed with by a sufficient authority, or their order so taken be ratified by the ordinaries. Provided, notwithstanding, that they be in no wise admitted without good evidence of their having been ordained, and of their good life and learning. And we charge that priests unknownd, that have no evidence of their ordination, be not admitted to celebrate divine offices in churches without the licence of the diocesan bishop, after they have given sufficient assurance of their ordination by letters testimonial, or by the testimony of good men. And we enjoin fabbots and priors not to cause their monks and canons to be ordained by any other bishop except the diocesan, unless it be done with the letters dimissory of the bishop, or of his vicar-general in the bishop's absence. a Proper presenters of secular clerks are the archdeacons; of regulars their abbots, priors, &c. Lyndwood +. Sure the archbishop had forgot that Wales was part of his province. Though they were ordained, and even born in the diocese where they dwelt. Lyndwood in this page gives it for law, and proves it by authorities, that a man well known and of good fame, who hath long been reputed to be in orders, shall not be obliged to prove his ordination by letters, or any other evidence ; and our common law at this day says the same. For in other cases the bishop's licence was not necessary, nor is at this day, to qualify a man to celebrate divine offices, but only to preach or be a curate, et exceptio firmat in non exceptis. Lyndwood acknowledges that exempt houses of monks and religious were not bound by this constitution §. 2. Let priests often exhort the people to have their children confirmed: for that sacrament ought to be received after baptism. If the person to be confirmed be adult, he is to be admonished by the priest of the place first to go to confession, and then to be confirmed: and let him come [Item ordinati in Hibernia, Wallia, vel Scotia maxime sine literis sui dicecesani, et nostris commendatoriis seu dimissoriis, W.] [Idoneos. Videlicet archidiaconos, vel alios ad hoc per ordinatorem depu tatos. Provinciale, p. 33. Cf. ibid. gl. Præsentatores.] [Provinciale, p. 47-8. gl. Con stiterit.] § [Ibid., p. 32. gl. Loci diocesano.] : fasting to confirmation in honour to that sacrament. And let parents be often admonished by the priests to carry their baptized children to the bishop for confirmation; and not stay long for the coming of the bishop, but carry them to him when he is in the neighbourhood as soon as may be after baptism and carry 'fillets sufficiently large along with them. And let the children on the third day after confirmation be carried to the church, that their foreheads may be washed in the baptistery by the priest's hand in honour to the chrism; and at the same time let the fillets be there burned. Let no child be held at confirmation by its father or mother, stepfather or stepmother. And our will is, that this prohibition be often published in the church by the priests, that parents and others who hold children at confirmation, may know that a spiritual relation is contracted at this sacrament as well as at baptism. Let parents take great [Lynd., care that they do not a second time offer their children to be P. 40.] confirmed; because the children, if males, are by the repetition of the sacrament made mirregular, and the parents by such neglect are "by the canons liable to severe punishment. A Adult, that is, fourteen years of age. Lyndwood*. Within seven miles, says Lyndwood. To bind the forehead, and dry up the chrism with which the bishop anointed the child +. Not in the font, says Lyndwood, nor with baptismal water, but in the place where the font stands, and with water provided for that purpose. The reason of this was, that by the canon law the spiritual affinity contracted between the sureties and the baptized did not only obstruct marriage not yet contracted, but dissolved marriage already contracted and consummated: you have a remarkable proof of this, causa xxx. dist. 1. c. 1, yet this was mollified by Pope Boniface the Eighth, as you may see, Sext., lib. iv. tit. iii. c. 3, so that marriage not yet contracted nly was dissolved by such consanguinity. Yet this it should seem was not come to the knowledge of the present archbishop though done [Adultis, i. e. Major 14. annis ; pro cujus intellectu nota quod sex sunt ætates hominis. Prima infantia, et terminatur in septimo anno, secunda dicitur pueritia, et terminatur in 14. anno. Tertia dicitur adulta ætas sive adolescentia et terminatur in 28. anno, vel. 25. anno secundum jura. Pandect. de mino. 1. 4. in fi. Quarta dicitur juventus: et terminatur in quin quagesimo anno. Quinta est ætas se- [Ibid., p. 34-5, gl. Fascias.-Li gaturas.] [Lynd., p. 36.] [p. 41.] [p. 36.] [p. 52.] twenty-four years before, viz., A.D. 1298, or else the archbishop was willing to remove all scruples that superstitious men might raise upon this account. m That is, incapable of benefice or orders without dispensation. Lyndwood owns himself ignorant of any such canons *: and indeed the irregularity incurred by the child baptized seems only to have been a harsh construction of an unreasonable canon, that one twice baptized, though ignorantly, should not be admitted to orders. But certainly the present archbishop was the most cruelly rigid and superstitious of any man that ever sat in this chair, and this constitution contains as great proofs of it as well can be imagined. 3. Let the sick man's oil be carried with great reverence to the sick, and let the priests anoint them with great devotion, and with the celebrity of prayers provided for this purpose. And let the priests of the Lord often exhort the people, that is, all that are fourteen years old and upward, to receive extreme unction, [°and let them shew themselves ready to give it to all without distinction, when there is occasion†.] And let them be informed, that after the receiving of this sacrament, they may, if they recover, return again to the conjugal duty: [Pand let the holy oil and chrism be kept safely under key, that no profane hand may reach it for horrible purposes ‡.] And let them teach the people that the sacrament of extreme unction may be received again after one year be past and gone; that is, once in one year, in grievous sickness when there is a fear of death. This sacrament is necessary, as appears from the words of St. James, ch. v. 14, 15§. This is not in Lyndwood, though the last words seem necessary to complete the sense. Lyndwood has omitted this also. The horrible purposes were no doubt, sorcery, witchcraft, &c. 4. Let rectors of churches and priests be diligent in what concerns the honour of the altars, especially when the holy * [Provinciale, p. 41. gl. Secundum canones.-Ultioni.] + [et ad omnes communiter se paratos exhibeant; cum necesse fuerit, W.] [Item tam sanctum oleum, quam chrisma sub fideli custodia, clave adhibita, conservetur ut non possit ad illa temeraria manus extendi ad horri bilia, W.] § [dicentis: "Si infirmatur quis ex vobis, inducat presbyteros ecclesiæ, et orent super eum, unguentes eum oleo sancto in nomine Domini, et oratio fidei salvabit infirmum, et alleviabit eum Dominus; et si in peccatis sit, dimittentur ei." W.] |