VI. Forbids taking any money for ordination, chrism, HENRY baptism, extreme unction, burials, or consecration of churches. The VII. By the seventh; no prelate or abbot was to receive any present for receiving a monk, canon, or nun. penalty was excommunication. VIII. By the eighth, no person was to convey a church to another under the notion of dower, or to receive any money for a presentation, or to make any contract of interest with the incumbent: and that whoever either confessed, or was legally convicted of any such practice, was to lose the patronage of that church for ever. Now in this canon relating to property and civil privilege, the king's authority is joined with that of the synod. II. Tam regia IX. Forbids monks and clerks turning merchants, upon tra freti quam nosthe score of enriching themselves: the religious are likewise authoritate forbidden taking farms, either from the clergy or laity. Neither were the laity allowed to farm any benefice. X. No clerks were allowed to turn soldiers, or appear in the character of military men. XI. The eleventh relates to vicars, who had engaged themselves not to encroach upon the character or profits of the rector. If these vicars happened to break through their security, and lay claim to the parsonage, and were legally convicted of such encroachments, they were never to be suffered to officiate in the same diocese. XII. Provides for the payment of tithes, and that those who refused to pay, after warning, were to be excommunicated. XIII. Decrees that when a suit is commenced between two clergymen, he that is cast shall allow costs to him for whom the verdict is given; and in case he is in no condition to make such satisfaction, he shall be punished at the discretion of his ordinary. XIV. The fourteenth settles some points of the Rubrick. XV. The fifteenth declares against dipping the consecrated bread in wine to complete the eucharist. The reason assigned is, because we do not read our Saviour gave a sop to any of the disciples but Judas, and that this was done to point him out for a traitor, and not as a type of this holy The sacrament. statuimus. RICH ARD, XVI. Orders the wine to be consecrated only in gold or Abp. Cant. silver, and that no bishop should bless any cup made of tin or pewter for that purpose. Chronic. Gervas. col. 1429 et deinc. Hoveden, Annal. fol. 310, 311. 383. XVII. The seventeenth forbids clandestine marriages; and that if a priest married any persons otherwise than in the presence of the Church, he was to be suspended ab officio for three years. The XVIII. And last, declares that marriage without mutual consent is impracticable; that, therefore, the marrying infants in their cradles signifies nothing, unless the parties give their consent when they come to years of discretion. For the future, therefore, no persons under the age of the canons were allowed to marry, unless in some few cases, when reasons of state and publick convenience may plead for a dispensation. To this synod, Roger, archbishop of York, sent some proxies to claim the privilege of carrying the cross in the province of Canterbury. They likewise claimed, in behalf of Roger, a metropolitical jurisdiction upon the sees of Lincoln, Chester, Worcester, and Hereford. Besides this, they appealed to the pope against the archbishop of Canterbury, for his excommunicating some clergymen of the province of York, for officiating in the church of St. Oswald, in Glocester, and for refusing to appear at archbishop Richard's summons. To proceed the clergy of the diocese of St. Asaph petitioned the archbishop in council to enjoin their bishop, Godfrey, to return to the government of his see; and in case he refused, that the archbishop would put another in his place. It seems the incursions of the Welsh, and the poverty of the bishoprick, had made Godfrey desert his charge. When he came into England, the king received him with great generosity and regard; and the abbey of Abingdon, being then vacant, he gave it him in commendam, till the commotions of his diocese were better settled, The archbishop of Canterbury, therefore, at the instance of the synod and clergy above mentioned, commanded Godfrey, upon his canonical obedience, either to throw up his see or return to it. This prelate, thinking himself secure in the abbey of Abingdon, made no difficulty of resigning his bishoprick into the archbishop's hands, and delivered him the II. ring and pastoral staff. But as it happened, he was disap- HENRY pointed, and lost all; for the king gave the bishoprick of K. of Eng. St. Asaph to one Ada, a Welshman, and disposed of the abbey to a certain monk. the king and This year, in the octaves of St. John the Baptist, both The abbathe kings kept their court at Woodstock; and here the cies filled by archbishop of Canterbury, seven of his suffragans, to- archbishops. gether with the bishop of Durham, and the abbots of the province of Canterbury, waited on the king, and held a synod, in order to fill the see of Norwich and the vacant abbacies. For at this time several of the great religious houses had no abbots. And now, John of Oxford, a clergyman officiating at court, was chosen bishop of Norwich, and consecrated by the archbishop. The abbacies, likewise, were disposed of to monasticks by the king's and the archbishop's direction. About this time, pope Alexander confirmed the election of Geoffrey, the king's natural son, to the see of Lincoln, and dispensed with his being under age. This year the king prosecuted all those of the clergy and laity who had hunted and taken venison in his forests during the late disturbances, and made them all finable; this was reckoned somewhat rigorous, because Richard de Lucy, the justiciary of England, had given them this liberty by virtue of an express order from the king. From Woodstock the king made a progress to York, where he was met by William, king of Scotland, and David, his brother, together with almost all the bishops, abbots, and other great men of that kingdom. And here the treaty was confirmed which the king of Scotland had made with the king of England, when he was his prisoner at Falaise in Normandy the last year. The articles were read in the cathedral at York; I shall give the reader part of them : William, king of Scotland, acknowledged himself a liege- The king of man of his sovereign lord, the king, against all persons the bishops, Scots, with either in Scotland or in any other of his dominions, and did earls, &c., of that kinghomage to him as his liege lord in the customary form of dom, swear other homagers. He likewise did homage to king Henry king fealty to the the younger, with a clause of reservation for the security of the king, his father. It was likewise agreed that all the bishops, abbots, and clergy, and their successors, in the ARD, Abp. Cant. They own their depen RICH- king of Scotland's dominions, shall take an oath of allegiance, when demanded, to the king, to his son king Henry, and to their heirs. Farther; the king of Scotland, and David his brother, the barons, and other Scots of condition, yielded to the king of England, that for the future the Church of Scotland should pay a due deference and submission to the Church of England, and such as was customarily paid in the reigns of his predecessors, kings of England. In like manner, Richard, bishop of St. Andrew's, Richard, abbot of Dunkeld, Geoffrey, abbot of Dumfermline, and Herbert, dence on the prior of Coldingham, consented and granted that the Church Church of of England should have that superiority and jurisdiction England. over the Church of Scotland which in right she ought to have ; and that they would never oppose the just privileges and pre-eminence of the Church of England, and that the rest of the bishops and clergy of Scotland were to give the same security. The earls, and also the barons and other men of distinction in the kingdom of Scotland, shall, upon their being required by the king of England, do homage to him, and engage to adhere to his highness against all men whatsoever. And the heirs of the king of Scotland, the barons, &c., of that kingdom, were obliged to enter into the same engagements of allegiance to the king of England and his heirs. Farther; the bishops, earls, and barons, stipulated with the king, and Henry his son, that in case the king of Scotland, upon any pretence whatsoever, should recede from his present engagements, and make an infraction upon the treaty, that then they will abet the interest of the king of England, and serve him as their liege lord, against the king of Scotland, and all other persons that shall prove enemies to the king. And, moreover, they (that is, their bishops) shall be obliged to put the territories of the kingdom of Scotland under an interdict, until such time as he shall return to his allegiance to the king of England. After these articles were read, signed, and attested by a Hoveden, great many witnesses of the first quality, the bishops, earls, Conventio- barons, and other men of note of the kingdom of Scotland, nes Litera took an oath of fealty to the king of England, his son fol. 311. 39. Ex Fœdera,&c. Henry, and their heirs; by virtue of which they hold them Magno Ro- as their liege lords, and engage to stand by them against all whatsoever. tulo penes Camer. persons II. This year, a little before the festival of All Saints, one HENRY cardinal Hugezun, the pope's legate, came into England, and K. of Eng. adjusted the differences lately mentioned between the archbishops of Canterbury and York, to the advantage of the latter. This cardinal, likewise, as Hoveden words it, granted the king the liberty to prosecute those clerks that took venison, or committed any other trespass, in his Hoveden, forests. fol. 313. In the beginning of the next year the king summoned the 384. lords, spiritual and temporal, to Nottingham. And here, for a. D. 1176. the more convenient administration of justice, he divided the kingdom into six parts, and ordered three itinerant jus- The circuits tices to go the circuit in each division. These justices took an oath to take care that the Constitutions of Clarendon should be kept. But here we are to observe, that when Hoveden gives a list of these articles, those which were looked upon as encroachments upon the Church by archbishop Becket are all omitted. The reason is, because the king had lately given them up at Avranche, in order to procure his absolution at the court of Rome. first set up. Ibid. There was another convention, or parliament, this year, held at Northampton. William, king of Scotland, was summoned hither by the king, and made his appearance; he was attended by Richard, bishop of St. Andrew's; Joceline, bishop of Glasgow; Richard, bishop of Dunkeld; Christian, bishop of Whithern, or Candida Casa; Andrew, bishop of Caithness; Simon, bishop of Murray, and the rest of the bishops, abbots, and priors of that kingdom. The king of England required these prelates, in virtue of the oath of allegiance they had taken to him, to make a due acknowledgment of subjection to the Church of England, pursuant to what had been customarily done in the reigns of his predecessors. To this the Scotch prelates answered, that they The Scotch had never professed any subjection to the Church of Eng- bishops reland, neither were they obliged to any such acknowledgment, without To this Roger, archbishop of York, replied, that the bishops superiority of Glasgow and Whithern had been suffragans to the see of York in the time of the archbishops his predecessors. England. This claim he made good by alleging instruments of privilege granted by several popes. Though this allegation was supported by matter of fact, as has been already proved, yet turn home owning the of the Church of |