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TON,

LANG- temporal about this business. When the archbishop read Abp. Cant. the pope's instructions, the king told him, that the request was a matter in which all Christendom was concerned. That it was not proper for the English, who lived in a corner of the world, and at a remote distance from Rome, to begin a precedent; but that when they understood the resolution of other countries, they should be ready to follow their example in paying their respects to the holy see. And thus the session broke up, and the pope's project was countermined, and came to nothing.

Id. 331.

The death of This year, Richard de Marisco, bishop of Durham, dethe bishop of Durham. parted this life. He was consecrated in the year 1217, and had formerly been chancellor of England. There was no good correspondence between this Richard and the monks of his chapter. He thought their privileges too much overgrown, and endeavoured to reduce them. The monks, to make him a return, gave him a hideous character to the pope, and charged him with simony, sacrilege, perjury, and what not. The pope delegated the bishops of Salisbury and Ely to try the cause. Richard made his appeal, took a journey to Rome, and softened the pope so much by his presents, that his holiness kept the matter depending, and never proceeded to judgment while that prelate lived.

His constitutions.

Sir Henry Spelman mentions a diocesan synod held about the year 1220, under Richard, bishop of Durham, and inserts, the constitutions at large. If he is not mistaken in his chronology, these constitutions must belong to Richard de Marisco, and not to his successor, Richard Poer, who was not elected till the year 1228.

Most of these constitutions having been mentioned under former councils, need not be repeated: I shall only, therefore, insert something which has not hitherto occurred.

1st, The first canon mentions the crimes which make a priest incur suspension, namely, simony, receiving orders from hereticks, or schismaticks under excommunication, pleading at the bar against a person that is tried for his life; debauching of nuns, bigamy, gaining orders surreptitiously, &c.

Confession, and receiving the holy eucharist, are enjoined the people three times a year, that is, at the solemnities of Easter, Whitsuntide, and Christmas; for which duties they

III.

are to prepare themselves by a preliminary abstinence; and HENRY whoever does not, at least once a year, confess to the parish K. of Eng. priest, and receive the communion, unless the priest shall advise him otherwise, shall neither be suffered to come into a Church living, nor have Christian burial.

No priest, out of dislike to the penitent, or fear of death itself, was to take the liberty to discover any part of the confession, either by language or signs. The penalty of misbehaviour in this point was loss of preferment and degradation.

In cases of robbery, theft, or any injustice, the confessor was to enjoin the restitution, and not absolve the penitent upon any other terms, nor unless he would promise not to commit any mortal sin for the future.

and state.

I shall only mention one canon more, and that is against Usury anciently forusury. Now, not only the constitutions of the Church, but bidden both also the laws of the state have anciently declared against a by Church consideration for the loan of money. By the laws of king Alfred, the chattels of an usurer were forfeited to the crown, their lands escheated to the lords of the fee, and their corpse not allowed burial in consecrated ground. By the custom of Normandy, whether an usurer made a will or died intestate, his goods and chattels fell to the king, and his heir was disinherited. This law prevailed in England, as appears by Bracton, who informs us that it was an article of the charge of enquiry by the justices in Eyre de usuariis Christianis mortuis, concerning Christians who died guilty of usury, who they were, what chattels they left' behind them, and in whose hands. But in Glanville's time, in the reign of king Henry II., it was not the custom to prosecute any person for usury, living the party; for if he repented of this practice, and gave it over, though never so late, he was rectus in curia, and not liable to the penalty of the law; and, for this reason, the presumptions were not examined till after the person's decease. But in the reign of king Ed- 431. ward I. the law was altered, for then, as sir Edward Coke Coke's Institutes, observes, "divers were indicted, for taking usury, before justices in Eyre, and some were pardoned by the king, Essays, and others not." What was the sense of the legislature in part 3. after reigns, and how the point stands settled by the consti- deinc.

part 3. c. 70.

178. et

p.

LANG- tution at present, I have examined elsewhere, and thither I

TON.,

Abp. Cant. refer the reader.

To return, these diocesan constitutions of Durham were most of them extracted from general and provincial councils, Spelm. vol. and stand upon higher authority than that of a single 2. p. 161. et bishop.

deinc.

A contest

Upon the vacancy of the see of Durham, the prior and convent applied to the king for leave to proceed to a choice. see of Dur- The king recommended one Luke, a court chaplain, and

about electing to the

ham.

Paris, p. 332.

The death of Pandulphus.

Angl. Sacr.
P. 1. p. 410.

A. D. 1227.
Bishop of

entreated them to accept him for their diocesan. The monks replied, they could receive nobody without passing through the forms of a canonical election. The king told them with some passion, that unless they consented to prefer Luke, they should be seven years without a bishop. The convent judging the person proposed by the king not qualified for so great a post, chose one William, archdeacon of Worcester, a clerk of their own house, and a person very unexceptionable both as to learning and morals. The king, refusing to give his consent, and making some slender objections against this William, the monks sent their agents to Rome to get their election confirmed. The king being informed of their proceedings, sent the bishop of Chester and a prior to remonstrate against the monks of Durham, and prevail with the pope to annul the election; and thus the see continued vacant about two years.

To this year we are to assign the death of Pandulphus, bishop of Norwich, who had formerly been legate in England from pope Innocent III., he was consecrated by pope Honorius III., in the year 1222. He was a person of ability and conduct, and well qualified for the character of a legate. However, he was undoubtedly to blame for urging the unreasonable pretensions of the court of Rome with so much vigour, and taking advantage of the publick disturb

ances.

The next year, the king convening the lords spiritual and Winchester temporal at Oxford, declared himself a major, and resolved discharged to be no longer under the direction of a governor. By the from the way, we may observe, that after the death of William Marshall, earl of Pembroke, Peter, bishop of Winchester, was made the king's protector. And now, by the advice of

protector

ship.

And

HENRY
III.
K. of Eng.

Paris, p.

336.

Hubert de Burgh, justiciary of England, the king entered upon the administration, discarded the old ministry, and declared the great charters void. The pretext for these proceedings was, that those charters were passed in his minority, when he had neither judgment to examine the contents, nor authority to dispose of the seal. And therefore the churchmen, monks, and others, who expected any benefits from those grants, were ordered to renew their charters: and for this confirmation of their title, they were forced to pay whatever the justiciary thought fit to charge upon them. About this time, Stephen, the archbishop, made Simon Langton, his brother, archdeacon of Canterbury. here it may not be improper to make a brief enquiry into the antiquity and jurisdiction of this office. Now we must observe, that from the time of archbishop Augustine to Lanfranc, which comprehends about four hundred and sixty-two years, there was no archdeacon, either in the city or diocese of Canterbury. Archbishop Theodorus, the sixth from Augustine, consecrated a bishop, and fixed him at St. Martin's, in the suburbs of Canterbury. This bishop, who was The archa sort of chorepiscopus, represented the archbishop in his deaconry of absence, both in the town and diocese of Canterbury; for instance, he gave orders, consecrated churches, confirmed children, and performed other branches of the episcopal function. And when the see was vacant, his jurisdiction extended to the whole province, though, in these matters, he was not to act without the consent of the chapter. This settlement continued till William the Conqueror, but Lanfranc, upon the death of the chorepiscopus, sunk the character, as has been observed. However, to supply part of the office, he gave one Valerius, a clergyman belonging to him, all the jurisdiction in the city of Canterbury, excepting matrimonial causes, and churches in the patronage of the archbishop. This clergyman was the first who had the style of archdeacon of Canterbury. He had a house assigned him by Lanfranc, in Canterbury, without Northgate, near the monastery of St. Gregory.

Upon the vacancy of the see, after Lanfranc's death, the chapter of Canterbury exercised both diocesan and provincial jurisdiction, excepting the powers and authorities granted to the archdeacon. And thus the case stood, till

Canterbury,

when.

TON.

LANG- the present archbishop Stephen; who, in consideration of Abp. Cant. the slender revenues of the archdeaconry, enlarged the privilege to his brother Simon, and granted him all the jurisdiction in rural deaneries of the diocese of Canterbury with exception of matrimonial causes, and the parishes lying in the archbishop's manors, and in those of the monks of Christ's Church.

432.

Ang. Sac. p. 1. p. 150. ex Biblioth. Cotton.

Paris, p. 338.

The Fran

tle in Eng

land.

Upon the death of Stephen, archbishop of Canterbury, the chapter exercised their jurisdiction, both in the diocese and province, by their official, which, from this time, was their customary practice: but, upon the death of St. Edmund, archbishop of Canterbury, this Simon Langton endeavoured to disturb the official of the chapter, and to claim the whole jurisdiction, in right of his archdeaconry. This challenge occasioned several disputes and appeals to Rome, both in his successor's and his time. But the respective issues of these contests is not necessary to relate.

Peter, bishop of Winchester, being displaced from his protectorship, made a voyage to the Holy Land; being accompanied by William, bishop of Exeter. These two prelates had engaged themselves in the crusade, and continued five years in Palestine to encourage the Christian army.

About this time, St. Francis, as Matthew Paris reports, ciscans set- began to work miracles, and make way for a new order. He was born at Assise, in Italy, and extracted from a considerable family. He had a large estate left him by his father, which he sold and disposed of to charitable uses. Having advanced thus far, he retired from the world, and practised very great mortification both in habit, diet, and other austerities. At last he drew up a rule, and got it confirmed by the pope. One branch of the rule, to mention nothing more, is commendable enough; and that is, they were not allowed to preach in any diocese when forbidden by the bishop. Now, though Matthew Paris does not mention these Franciscans till this year, yet Walter Hemingford and the learned Du Pin report the order approved by pope Innocent III. in the year 1215, and confirmed by Chron. He- Honorius III. in the year 1223: and the year after, as mingford, Hemingford relates, they came into England.

p. 557. Du Pin's New

The next year, Stephen, archbishop of Canterbury, deHist. cent. parted this life. To what has been said of him already, we

Eccles.

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