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This cause was first argued in Easter holidays at WinAbp. Cant. chester in the king's chapel, and afterwards brought upon
the board at Windsor, where it was finally decided. The accord was signed by the king, the queen, the pope's legate, the archbishop of Canterbury, thirteen bishops, and eleven great abbots. And here the king and queen sign with a cross, which is called their signum or mark, and is an argument they could use their pen no farther.
King Malcolm does homage to the Con
This year king William made an expedition into Scotland, to revenge the incursions that nation had lately made in the north of England. Before they came to blows, Malcolm Canmor, distrusting his own force, did homage to king William at Abernethie, and gave him hostages.
About this time Egelwin, bishop of Durham, departed Major. p. 7. this life. When king William seized the money and plate
de Gestis of the monasteries, this prelate had the courage to excomReg. p. 203. municate all those who were dipped in sacrilege: this general censure, though the king was not named, comprehended him plainly enough. This prelate likewise, being not willing to submit to the Normans, joined the earls Edwin, Morcar, and Siward, who, in the year 1071, made an insurrection against king William, and, committing many hostilities, withdrew their forces into the Isle of Ely, under the conduct of Herewardus. The Conqueror marching down against them forced them all to submit at discretion, excepting Herewardus, who refused to surrender, and carried off his men with great bravery. Bishop Egelwin submitting with the rest, was conveyed to Abingdon, and kept under custody; and being required of the king to deliver what treasure he had taken out of his cathedral, he solemnly declared, he brought nothing away with him: but one day, as he was washing his hands before dinner, a bracelet happened to fall down from his arm upon his wrist. The king perceiving he had not dealt truly with him, imprisoned him at Westminster, The death of where he was very much afflicted for some miscarriages : Egelwin, bishop of and by abstinence, melancholy, and other mortifications, ended his days in a short time. He was succeeded by Walcherus, nominated by the king to that see. This Walnelm. Ec- cherus was extracted from a noble family in Lorraine, and
cles. 1. 3. c.
had his education in the church of Liege. His qualifications, both with respect to learning and business, were more
Hunting. Histor. 1. 7. fol. 211.
K. of Eng.
than ordinary: and as for his devotion and sobriety of behaviour, nobody could find fault with him: however, he LIAM, I. was not fortunate in his post, as will be shewn afterwards. The next year Leofrick, bishop of Exeter, departed this life. Besides his other benefactions already mentioned, he gave a famous missal to his cathedral, still remaining.
In this liturgick book, God is addressed to restore the Energumeni, for the merits of the angels, patriarchs, prophets, apostles, virgins, &c. But here the blessed Virgin not particularly mentioned.
Upon the festival of St. Michael, the missal implores God for the benefit of St. Michael and all the angels' prayers: but here is no direct application to the angels themselves. Fol. 7. The intercession of the blessed Virgin is likewise begged of God, but not in a direct address to her: however, she is mentioned immediately after the Trinity.
Id. fol. 10.
There are also prayers for the dead, and several collects for the king. The order in praying for the governors in Church and state, stands thus:
The pope is first prayed for, then the bishops and abbots; after these the king and queen, but without any mention of Id. fol. 14. their names.
Hist. de Ducles. 1. 3. c.
A. D. 1073. 245.
1. The stating of this business being postponed till the next day, it was agreed that the archbishop of York should
ley, n. 76.
How much this missal is elder than the age of Leofrick, is not certainly known.
In another liturgick book, called the Troparion, we meet Troparion with frequent direct invocations of the angels, the blessed Bodleian Virgin, and other saints. But then this office is of less an- inter MSS. Tho. Bodley tiquity than Leofrick's missal.
n. 63. fol. 96. 132. 172.
2. p. 7 to
About two years forward, there was a council held at 178. et alib. London: the archbishops and bishops of both provinces, Asynod held with the abbots and many others of the clergy, being pre- A. D. 1075. And because the use of synods had been intermitted Spelm. for many years in England, there were several provisions Concil. vol. made in conformity to the ancient canons. For the purpose, 11. et ex the precedency of sees was regulated by the deerees of the Bosvile in fourth council of Toledo, and the synods of Milevis and Johan Bracara; and thus every prelate was to be placed according apud. Canto the priority of his ordination, excepting those who, by ancient custom, had particular privileges by their sees.
LAN- be seated at the right hand of the archbishop of Canterbury, the bishop of London at his left, and the bishop of Winchester next the archbishop of York.
2. From the inspection of the rule of St. Bennet, and the dialogues of Gregory the Great, they decreed several articles of discipline for the monasteries. And particularly, if any monk ventured to keep any thing as his own without license, and neither restored it to the abbot, nor confessed his fault upon his death-bed, the bells were not to toll for him, no mass was to be said for his soul, neither was he to be buried in consecrated ground.
3. Thirdly, the having bishops' sees in villages or small towns being prohibited by the councils of Sardica and Laodicea; this synod, having the king's consent for that purpose, ordered Herman, bishop of Sherburn, to remove his see to Salisbury; Stigand, of Selsea, was to remove to Chichester, and Peter, of Lichfield, to Chester. There were some other bishops' sees which, being settled in less considerable boroughs, required a like removal, but the king being beyond sea, this business was deferred till his return.
4. By the fourth, no prelate or abbot was to ordain, or entertain any foreign clerk or monk without dimissory or recommendatory letters from their respective superiors.
5. And to prevent the synod's being interrupted, or disturbed with indiscreet motions, a decree passed, that no person, abbots and bishops excepted, should take the liberty of speaking in the council, without leave from the metropolitan.
6. By the sixth, marriage is prohibited to the seventh degree, and they vouch Gregory the Great for their authority. But this is a mistake: for this pope extends the prohibition no farther than the fourth degree, as appears by his answer to St. Augustine of Canterbury to this question.
7. The seventh canon condemns simony.
8. The eighth is levelled against divination, reliance upon casting of lots, and such other superstitious and dangerous practices.
9. By the ninth and last, no bishop, abbot, or clergyman, XI. Concil. was to judge any person to the loss of life or limb, or to give his vote or countenance for that purpose to any
Can. 6. An. 675.
Bede Eccles. Hist.
1. 1. c. 27.
This council is subscribed by none but bishops and abbots, excepting the archdeacon of Canterbury, who signs K. of Eng. immediately after the bishops, and even before the abbot of St. Augustine's, Canterbury.
To remark a word or two upon this synod. By the third The primicanon it appears, that the bishops consulted the king, and fixed their gained his consent for the translation of the sees from one they thought town to another; not but that the synod had a right to de- fit. termine this point within themselves, for it is well known that the primitive bishops, who lived before the reign of Constantine the Great, ordered this matter as they thought fit, without applying for leave to the Roman emperors. Now a prince's turning Christian does by no means enlarge his jurisdiction, or lessen the authority of the Church. For, what is it that makes the distinction between a pagan and a Christian prince? Nothing but baptism; but this sacrament conveys nothing of spiritual jurisdiction. On the contrary, it imports obedience and subjection to the laws and authority of the society into which the person is incorporated; and by consequence makes a member, but not a governor, of the Church. Neither does the baptism of a prince import any distinguishing privilege, or entitle him to any more than the common benefits of that sacrament. However, the bishops, who were well acquainted with the Conqueror's warm and domineering temper, chose rather to waive somewhat of their right, than come to a rupture with him, and lose the protection of the state. For that they did not give up the point, appears by an inspeximus of king Henry VIth, which mentions a charter of William the Conqueror, for translating the see of Dorchester to Lincoln: for in this charter it is expressly said, the see was removed to Lincoln by the consent and authority of pope Alexander, of Lanfranc, archbishop of Canterbury, and the rest of the Monast. English bishops. 3. p. 258.
From the fifth canon, which decrees, that no person, ex- None but cepting bishops and abbots, should speak in the synod abbots albishops and without leave from the metropolitan, we may infer,
lowed to speak in the First, that the whole synod made but one house, and sat synod withall in the same room together.
Secondly, that if none but abbots and bishops had the liberty of speech without leave, it follows plainly, that the
priests and inferior clergy were reckoned no part of the ecFRANC, clesiastical legislature: for those who have any share in the Abp. Cant. legislation have a right to propose matters, to recommend a bill, to oppose or defend, as occasion offers: but those who are confined to silence, and cannot make a motion without the permission of a superior order, can pretend to nothing of this privilege. Now, all but bishops and abbots lie under this disadvantage, and stand thus disabled by the canon. Neither, as I observed, is the council subscribed by any but bishops and abbots, excepting the archdeacon of CanterIngulph. bury; and even this dignitary is omitted in Ingulphus's Hist. p. 93.
The legislative autho
The keeping the ecclesiastic legislature within the order rity of syof the bishops, is agreeable both to the monarchical constinods wholly tution of the Church, and the practice of the primitive ages.
in the bishops.
That the point stood thus, is evident from the canons of the first councils, and other records of antiquity. This matter being laid together with great clearness and brevity by the learned author of The State of the Church; I shall transcribe Dr. Wake's some part of his argument for the reader.
State of the
He proves his point both from the canons and practice of the ancient Church.
Church, &c. p. 96. et deinc.
To begin with his first topic. The thirty-seventh of the Apostles' canons, the first that determined the yearly assembling of provincial synods, plainly calls them "synods of bishops;" and directs, that they should judge among themselves of the doctrine of religion, and determine such incidental controversies as related to ecclesiastical matters. And the Greek canonists affirm in their exposition, that for these reasons it seemed necessary, τοὺς ἐπισκόπους ἑκάστης ἐνορίας ovvéρxeolai, for the bishops of every province to meet together. Not a word, either in the canon or comment, of the priest's either coming or judging with them.
cen. Can. 5.
This canon thus passed before the empire became Christian, was confirmed by the first general council that was held Concil. Ni- after; that every year, in every province, synods should be held; that so, the bishops of every province being gathered together, the causes of which the canon speaks, might be examined by them. And the canonists here again talk of the bishops coming together to their primate; that by the sentence of all the bishops of the province, every eccle