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marriage, let them not by any means be separated from their
wives, except with their common consent that they shall do so
and enter a religious order, and there let them with constancy
remain in the service of God. But if any persons of the rank
of sub-deacon or above the same, shall have contracted mar-
riage, let them leave their wives, even though they should be
unwilling and reluctant. Also, on the authority of the same
epistle we have decreed, that the sons of priests are not, hence-
forth, to be instituted as clergymen in the churches of their
fathers ; nor are they, under any circumstances whatsoever,
to hold the same without the intervention of some third person.

^ " Clerks in holy orders are not to enter taverns for the pur-
pose of eating and drinking, nor to be present at public drinkings,
unless when travelling, and compelled by necessity. And if

^ Taken from the decretal epistle of pope Alexander III. to Roger,
bishop of Worcester. ^ From the decrees of the council of Carthi^e.



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392 ANNALS OF B06EB BE HOYEBEK. A.D. 1175.

any one shall be guilty of so doing, either let him put an
end to the practice, or suffer deprivation.

** "Those who are in holy orders are not allowed to give judg-
ment on matters of life and death. Wherefore, we do forbid
them either themselves to take part in dismemberment, or to
order it to be done by others. And if any one shall be guilty
of doing such a thing, let him be deprived of the office and
position of the orders that have been granted to him. "We do
also forbid, under penalty of excommunication, any priest to
hold the office of sheriff, or that of any secular pubHc officer.*^

** " Clerks who allow their hair to grow, are, though against
their will, to be shorn by the archdeacon. They are also not
to be allowed to wear any garments or shoes, but such as are
consistent with propriety and religion. And if any one shall
presume to act contrary hereto, and on being warned shall
not be willing to reform, let him be subject to excommunica-
tion.

**** Inasmuch as certain clerks, despairing of obtaining ordina-
tion from their own bishops, either on account of ignorance, or
irregularity of life, or the circumstances of their birth, or a
defect in their title, or youthful age, are ordained out of their
own province, and sometimes even by bishops beyond sea, or else
falsely assert that they have * been so ordained, producing
unknown seals to their own bishops ; we do enact that the
ordination of such shall be deemed null and void, and, under
pain of excommunication, we do forbid that they shall be
employed by any one in the performance of his duties. The
bishop also, within our jurisdiction, who knowingly and wilftdly
shall ordain any such person or employ him after the con-
ferring of such orders,^ for so ordaining or employing him, let
him know that he is suspended from his office until he shall
have made due satisfaction. Likewise, inasmuch as the Church
of God, according to the verity of the Gospel, ought to be
the house of prayer, and not a den of thieves, and market
for blood; imder pain of excommunication we do forbid**

*» From the decrees of the council of Toledo.

40 '* Praepositi," though a very general appellation, probably means here,
reeve, mayor or provost. ^^ From the decrees of the council of Agatha.

^ From various decrees of popes Urban and Innocent, and of the
councils of Chalcedon and Carthage.

*^ There is not improbably an omission in the text here.

** Some words are evidently omitted here.



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A.D. 1175. DECBEES OF THE SYNOD OP WEBTMISffTKR. 393

secular causes, in which the shedding of blood or bodily punish-
ment is likely to be the result, to be tried in churches or
in churchyards. For it is absurd and cruel for judgment of
bloodshed to be discussed in the place which has dso been
appointed a place of refuge for the guilty.

** "It has been told us, that it is the custom in some places for
money to be given for receiving the chrism, as also for baptism
and the communion. This as a" simoniacal heresy a holy
council held in detestation, and visited with excommunication.
We do therefore enact, that in future nothing shall be demanded
either for ordination, or for the chrism, or for baptism, or for ex-
treme imction, or for burial, or for the communion, or for dedi-
cation ; but the gifts of Christ are to be bestowed freely with
a gratuitous dispensation. If any person shall presume to act
in defiance hereof, let him be excommunicated.

*' " Let no prelate, on receiving a monk, or canon, or nun,
presume to take or demand money from those who come to adopt
the monastic life, under pretence of any agreement whatsoever.

*® " Let it be allowable for no one under the name of a
dowry to transfer a benefice to any person, or to exact money
or any emolument on the pretext of an agreement for the pre-
sentation of any person thereto. If he shall do so, and upon
trial shall confess or be convicted of the same, relying both on
our own and on the royal authority, we do enact that he shall
be for ever deprived of the patronage of the said church.

^"According to the decrees of the fathers, we do, xmder penalty
of excommunication, forbid that monks or clerks shall carry on
business for the sake of profit, and that monks shall hold farms
of the clergy or of the laity, or that the laity shall hold the
benefices of the Church to farm.

w " Whoever would appear to belong to the clergy, let them
not take up arms, nor yet go about in armour ; but by their reli-
gious habits, let them reconcile the name of their profession to
the religious character of their manners. If they despise this
injunction, then, as contemners of the holy canons and pro-
faners of the ecclesiastical authority, let them be mulcted witli
the loss of their proper rank : inasmuch as they cannot servo
both God and the world.

*« From the decrees of the council of Trebour. ^ The text is

evidently corrupt here. ^ From the decrees of pope Urban.

*8 A new decree. *» From the decrees <rf the Fathers.

"^ By decree of the council of Meaux.



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394 AimrALs of eogeb de hoteden. a.d. 1175.

*i "Also, with regard to vicars, who on their promise and oath
are bound to their parsons, we have thought proper to enact,
that i^ despising their promise or the obligation of their oath,
they shall falsely take upon themselves the character of parson,
and set themselves up against their parsons, and if they shall
upon trial confess thereto or be convicted thereof, then for the
future they axe not to be admitted in the same bishopric to the
discharge of the duties of their office.

" "AU tithes of the land, whether of com or of fruit, are the
Lord's, and are sanctified unto Him. But, inasmuch as many
are found imwilling to give tithes, we do enact, that according
to the commands of our lord the pope, they shall be ad-
monished a first, second, and third tinie, to give tithes in full
of com, wine, fruits of trees, young of animals, wool, lambs,
butter, cheese, flax, hemp, and other things which are renewed
yearly ; and if, upon being admonished, they do not make
amends, let them understand that they are subject to excom-
munication.

"And ftirther, let the imperial sanction put a check upon liti-
gation, and the audacity of those who inconsiderately appeal to
law, by condemning them to pay the costs, and various other
remedies. And inasmuch as this is known to be in unison
with the holy institutions, we do order, that for the future, in
such actions for the recovery of money as shall be tried among
clerks, the party who is the loser shall be condemned to pay
costs to his opponent. As for him who shall not be able to
make such payment, I leave him to be punished at the discre-
tion of his bishop. »

" " We do find in the holy list only ten prefaces " that are to
be received : the first on the first Sunday after Easter,** * M
U quidem omni tempore J ^ The second on Ascension Day,

B^ From a decree of pope Alexander the Third, addressed to the bishop
of Norwich. *2 From the decrees of the council of Rouen.

« From a decree of pope Pelagius. " The preface or introduction
to the canon of the mass.

** In the text " in Albis Paschalibus." This was the Sunday more gene-
rally called ** Dominica in Albis," the word " depositis" being imder-
stood : as on that day, according to the Roman ritual, those lately bap-
tized laid aside the white garments which they had assumed on the
Sunday before Easter.

^ This preface, according to the Roman ritual, is read from Holy Satur-
day until the Ascension ; it begins, ** It is truly meet and just, right and
available to salvation to praise thee, Lord.*'



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A.D. 1175. DECBEES OF THE STKOD OP WE8TMINSTEB. 395

* Qui post restirrectionemJ^ The third at Pentecost, ' Qui
ascmdem super omnes ccelos,*^ The fourth upon the nativity,

* Quia per incamnti Verhi mysteriumJ^ The fifth upon the
Epiphany of our Lord, * Quia cum renigenitus tutis.'^ The
sixth upon the festivals of the Apostles, * M te Domine sup-
plicitur exorare,^^ The seventh on the Holy Trinity, * Qui
cum renigenito tuo,*^ The eighth upon the Cross, * Qui sdlutem
humani generis,^ ® The ninth is only to be repeated during the
fast of Lent, * Qui corporali je/unio,^ ® The tenth upon the
blessed Virgin, * M te in veneratione heata MariaJ *° Upon
the authority therefore of this decree, and of our lord, the pope
Alexander, we do strictly enjoin, that no person shall, under
any circumstances whatever, presume to add anything to the
prefaces above-mentioned.

" " We do forbid any one to give the Eucharist to any person
dipped into the chalice as being a requisite part of the commu-

* This preface is read from Ascension Day till Whitsun Eve. It be-
gins : ** Who after his resurrection appeared openly to all his disciples,
and in their presence ascended into heaven."

3 This is read from Whitsun Eve till Trinity Sunday ; and in votive
masses of the Holy Ghost. It begins, ** Who ascending ahove all the
heavens, and sitting at thy right hand, sent down the promised Holy
Spirit upon the children of adoption.''

* This is read from Christmas day till the Epiphany; on Corpus
Christi and during its octave ; and on our Lord's transfiguration. It be-
gins, ** Since by the mystery of the word make flesh, a new ray of thy
glory has appeared to the eye of our souls."

^ This is read on the Epiphany and during its octave. It begins,
** Because when thy only begotten son appeared in the substance of our
mortal flesh."

> This begins, '' It is truly meet and just, right and available to salva-
tion humbly to beseech thee."

7 This is read on Trinity Sunday, and every other Sunday in the year
that has no proper preface. It begins, " Who together with thy only
begotten son and the Holy Ghost art one God and one Lord."

* This is read from Passion Sunday till Maunday Thursday, and in
masses of the Holy Cross and of the Passion. It begins, " Who hast ap-
pointed the salvation of mankind to be vrrought on the wood of the
cross."

* This is read in Lent tDl Passion Sunday. It begins, " Who by this
bodily fast extinguishest our vices."

'* This is read on festivals of the Virgin Mary, the purification excepted.
It begins, "And that we should praise, bless and glorify thee on the [festival
then celebrated} of the blessed Virgin Mary, ever a Virgin."
w From a decree of pope Julius.



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396 AITKALS OF B06EB BE HOTEDEX. A.D. 1175.

nion. For we do not read that Christ gave the bread to the
others, haying first dipped it, but only to that one of the dis-
ciples, whom the sop, when dipped, was to show to be his
betrayer, and not that it formed any characteristic of the in-
stitution of this Sacrament.

*' " "We do command that the Eucharist shall not be consecrat-
ed in any other than a chalice of gold or silver, and from hence-
forth we do forbid any bishop to bless a chalice of pewter.

*® " Let no one of the faithfrd, of what rank soever, be married
in secret, but, receiving the benediction from the priest, let him
be publicly married in the Lord. Therefore, if any priest
shall be found to have united any persons in secret, let him be
suspended from the duties of his office for the space of three
years.

*• ** "Where there is not the consent of both parties, it is not a
marriage; therefore, those who give female children in the
cradle to male infants effect nothing thereby, unless both of
the children shall agree thereto after they have arrived at the
years of discretion. On the authority therefore of this decree,
we do forbid that in future any persons shall be united iu mar-
riage, of whom either the one or the other shall not have
arrived at the age appointed by the laws, and set forth by the
canons, unless it shall at any time chance to happen that by
reason of some urgent necessity, a union of such a nature ought
to be tolerated for the sake of peace."

Li this synod, also the clerks of Roger, archbishop of York,
asserted the right of the church of York to carry the cross in
the province of Canterbury, They also asserted, on the same
occasion, on behalf of the archbishop of York, that the bishopric
of Lincoln, the bishopric of Chester, the bishopric of "Worces-
ter, and the bishopric of Hereford, ought by right to belong to
the metropolitan church of York; and they summoned the
said archbishop of Canterbury on this question to the pre-
sence of the Eoman Pontiff. They also summoned the arch-
bishop of Canterbury before the Eoman Pontiff, for the alleged
injustice of the sentence of excommunication which he had
pronounced against the clergy of the archbishop of York, who,
with his sanction, officiated in the church of Saint Oswald, at
Gloucester, because they had refused to come to him upon his

*'' From a decree of the council of Rheims. *® From a decree of

pope Ormisdas. ^ From a decree of pope Nicholas.



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A.D. 1175. SUBBEITDEB OP THE CASTLE OF BBISTOL. 397

suinmons in the same manner as the clergy of his own pro-
vince did.

At this synod also, the clergy of the church of Saint Asaph
requested the archhishop of Canterhury, that by virtue of the
obedience due to him, he would order Godfrey, bishop of the
church of Sfdnt Asaph, to return to that see, with the ponti-
fical dignity of which he was invested, or else that the above-
named archbishop would appoint another bishop in his place.
For this Godfrey had left his bishopric, being compelled so to
do by poverty, and the hostile invasions of the Welch ; and
coming into England, had been kindly and honorably received
by the most Christian king Henry ; who also gave the vacant
abbacy of Abingdon into his charge, until such time as he
should be at liberty to return to his own see.

In consequence of this application, the said archbishop of
Canterbury, at the instance of the before-named clergy, and
by the advice of Alexander, the Supreme Pontiff, as also by
the counsel of his venerable brother bishops, at this synod,
called upon the said Godfrey, in virtue of his obedience, either
to return to his own see, or else freely and absolutely to
deliver up the pastoral care which had been placed in his
hands.

Upon this, Godfrey, being in hopes that the abbacy of Abing-
don, which had been delivered into his charge, would remain in
his hands, no one compelling him so to do, resigned his bishop-
ric into the hands of tiie archbishop of Canterbury, freely and
absolutely delivering up to him the ring and pastoral staff.
And so, being deceived, he lost them boli ; for the king gave
the bishopric of Saint Asaph to Master Ada, a "Welchman, and
the abbacy of Abingdon to a certain monk.

Eobert, earl of Gloucester, at this period surrendered to the
king of England the castle of Bristol, of which the king had
never before been able to gain possession. In the same year,
on the octave of the !N^ativity of Saint John the Baptist, both,
the kings came to Woodstock, and were met there by Bichard,
archbishop of Canterbury, Bichard, bishop of Winchester,
Beginald, bishop of Bath, Jocelyn, bishop of Salisbury, Boger,
bishop of Worcester, Geoflfrey, bishop of Ely, John, bishop of
Chichester, Walter, bishop of Bochester, Bartholomew, bishop
of Exeter, and Hugh, bishop of Durham, who had come
thither on business of their own. There also came thither all



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898 ASVJLLS OF BOQEB PE HOTSDEN. A.D. 1175.

the abbats of tbe province of Canterbury ; and they held a
great synod on the election of a pastor to the pontifical see of
the church of Norwich, and on the election of pastors to the
abbeys which were then vacant throughout England ; namely,
the abbey of Grimsby, the abbey of Croyland, the abbey of
Thomey, the abbey of Westminster, the abbey of Saint Augus-
tine, at Canterbury, the abbey of Battle, the abbey of Hyde
at Winchester, the abbey of Abingdon, the abbey of Abbots-
bury, and the abbey of Michelney.** John of Oxford, the king's
clerk, was elected to the bishopric of NOTwich, and was con-
secrated by Richard, archbishop of Canterbury. The abbeys
before-mentioned were also distributed among religious men,
as seemed good to our lord the king and tiie above-named
archbishop.

In the same year, pope Alexander confirmed the election of
Geofirey, bishop elect of lincohi. In this year, also, the king,
the father, impleaded all the clergy and laity of his kingdom
who, in the time of the wars, had committed offences against
him in his forests, and as to the taking of venison, and ex-
acted fines of them all, although Eichard de Lucy gave a war-
ranty that all this was done with his sanction, and by command
of the king, sent from beyond sea.

After this, the two kings proceeded to York, where they
were met by William, king of the Scots, and his brother
David, together with nearly the whole of the bishops and
abbats, and other principal men of his dominions. And at
this place was renewed the treaty and final reconciliation which
the said king of Scotland had made with his lord the king of
England, the father, at Falaise, while he was his prisoner, in
presence of the king, his son, Roger, archbishop of York,
Hugh, bishop of Durham, and the earls and barons of Eng-
land, as also of the bishops and abbats, earls and barons of
the kingdom of Scotland. This charter of confirmation thereof
was read to the following effect in the church of Saint Peter,
at York :—

" William, king of Scotland, becomes the liegeman of our lord
the king, against all the men of Scotland and for all the rest
of his dominions ; and has done fealty to him as his liege lord,
in the same manner in which other men, his own liegemen, are
wont to do unto himself. In like manner he has done homage
^ In Somersetshire.



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A.D. 1175. SUBiaSSIOlf OP THE TSJSQ OP SCOTULND. 399

to king Henry, his son, saving always his fealty to our lord
the king, his father.

'* All the bishops, abbats, and clergy of the king's territory
of Scotland, as also their successors, shall do fealty to our lord
the king as their liege lord, according to his pleasure, and to
his son, king Henry, and their heirs, in such manner as his
other bishops are wont to do unto him.

** Also, the king of Scotland, and David, his brother, and
the barons and the rest of his subjects, have agreed that the
Church of Scotland shall from henceforth pay such obedience to
the Church of England as it ought in duty to pay, and was wont
to pay in the times of the kings of England, his predecessors.

** Li like manner Richard, bishop of Saint Andrews, Bichard,
bishop of Dunkeld, Qteoftej, abbat of Dunfermline, and Her-
bert, prior of Coldingham, have agreed that the Church of
England shall again have that authority over the Church of
Scotland which of right it ought to have, and that they will not
oppose the rights of the Church of England. And they have
given security as to this agreement, in that they have as lieges
done fealty to our lord the king and to his son Henry.

*' The same shall be done by the rest of the bishops and the
clergy of Scotland, according to the covenants made between our
lord the king and the king of Scotland, and his brother David
and his barons. The earls also, and barons and other subjects
of the kingdom of the king of Scotland, from whom our lord
the king shall wish to receive the same, shall do homage to
him against all men and fealty as their liege lord, in such
manner as his other subjects are wont to do, as also to his son
king Henry and his heirs, saving always their fealty to our
lord the king, his father. In like manner the heirs of the
king of Scotland and of his barons and of his subjects shall do
homage and allegiance to the heirs of our lord the king against
all men.

" Purther, from henceforth the king of Scotland and his sub-
jects shall harbour no fugitive from the territories of our lord the
king by retison of felony, either in Scotland or in any other of
his territories, unless he shall be willing forthwith to take his
trial in the court of our lord the king and to abide by the judg-
ment of the court. But the king of Scotland and his men shall
arrest him with all possible speed, and shall deliver him up to
our lord the king, or to his justiciaries or bailiff in England.



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400 ANNALS OF BOGEK DE HOVEDEN. A.D. 1175.

" And if any fugitive from the territories of the king of Scot-
land, hy reason of felony, shall be in England, unless he shall
be willing to take his trial in the court of the king of
Scotland, and abide by the judgment of the court, he shall not
be harboured in the lands of the king, but shall be delivered
unto the men of the king of Scotland, when he shall have
been found by the btdlilfs of our lord the king.

" Further, the men of our lord the king shall hold their
lands which they have held and ought to hold, against our lord
the king and his men, and against &e king of Scotland and his
men. And the men of the king of Scotiand shall hold their
lands which they have held and ought to hold, against our lord
the king and his men.

" By way of security for the strict observance of the said
covenants and final agreement so made with our lord the king
and his son Henry and their heirs, on part of the king of
Scotland and his heirs, the king of Scotland has delivered
unto our lord the king the castle of Boxburgh, the castle
of Berwick, the castle of Gteddewerde, *^ the castle of the
Maidens, •' and the castle of Striveline,® unto the mercy of
our lord the king. In addition to which, for the purpose of
ensuring the performance of the said covenants and final
agreement, the king of Scotland has delivered imto our lord
the king his brother David as a hostage, as also earl Dimecan,
earl Waltheof, earl Gilbert, the earl of Angus, Bichard de
Morville, his constable, Nes Fitzwilliam, Bichard Cumin,
Walter Corbet, Walter Olifard," John de Vals, William de
Lindesey, Philip de Colville, Philip de Baluines, Bobert Fren-
bert, Bobert de Bumeville, Hugh Giffard, Hugh Biddel, Walter
de Berkeley, William de la Haie, and William de Mortimer.
But when the castles shall have been delivered up, William,
king of Scotland, and his brother David shall be set at liberty.
The earls and barons above-named shall, after each of them
shall have delivered up his hostage, namely, a lawful son,
those who have one, and the rest their nephews or next heirs,
and after the castles, as above-mentioned, shall have been sur-
rendered, be set at liberty.

"Further, the king of Scotland and his before-named barons

•1 Jedburgh. ® "Castellum puellarum." The castle of Edinburgh
was to called. ^ Stirling. ** Probably Oliphant.



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A.D. 1175. THE SCOTS SWEAB FEALTY TO EEN&T. 401

haye pledged their word that with good faith and without evil
intent, and with no excuse whatever, they will cause the
bishops and barons and other men of their land who were not
present when the king of Scotland made this treaty with our
lord the king, to make the same allegiance and fealty to
our lord the king and to his son Henry, which they themselves
have made, and, like the barons and men who were here
present, to deliver sm hostages to our lord the king whomso-
ever he shall think fit.

" Further, the bishops, earls, and barons have agreed with our
lord the king and his son Henry, that if the king of Scotland,
by any chance, shall withdraw from his fealty to our lord the
long and to his son, and from the aforesaid covenants, in such
case they will hold with our lord the king, as with their Hege



Online LibraryHenry Thomas Riley Roger (of Hoveden)The annals of Roger de Hoveden: Comprising the history of England and of ... → online text (page 41 of 58)