church, nor yet if the persons shall not be known. Also, no persons are to be united in marriage, except publicly in face of the church and in presence of the priest; and, if this shall not be observed, those parties are to be admitted into no church whatsoever, except by the especial authority of the bishop. Also, it is to be allowable for neither of two married persons to undertake a distant pilgrimage, unless upon publication of the consent of both. This, saving in all things the honor and privileges of the Holy Church of Rome."

That Purgation is to be enjoined on those who are accused by

public report.

"Those who are accused by public report, or on probable evidence, of any crime of which they cannot be convicted, are to be warned a first, second, and third time to confess and make satisfaction. But if, making no amends, they shall persist in their denial, then let purgation be enjoined them, and let it not be put off from day to day as a pretext for receiving money; but let the same be received on the first day on which it is enjoined, if the person is ready; and let not the number prescribed by the canons be exceeded. This, saving in all things the honor and privileges of the Holy Church of Rome."

That Lepers are to have a burial ground and chapel of their own.

"Being induced by a regard for piety, and relying on the enactment of the council of Lateran, we do enact, that wherever there shall be a sufficient number of lepers assembled together to be able to build a church, with a burying ground attached, and to enjoy the services of their own priest, they shall be allowed, without any opposition, to have the same. They are to take care, however, that they are not detrimental to churches previously established; for that which is conceded to them on grounds of piety, we do not wish to redound to the injury of other persons. We do also enact, that of vegetable produce and the young of animals belonging to such persons, they shall not be obliged to pay tithes. This, saving in all things the honor and privileges of the Holy Church of Rome."

63 Canonical purgation, by the evidence on oath of one, two, three or more witnesses of good character in favour of the accused.

64 Of witnesses.

VOL. II.

K K

That no person shall, without the authority of the bishop, receive ecclesiastical benefices at the hands of laymen.

Paying all due attention to the enactments of the council of Lateran, we do decree that neither the brethren of the Temple nor of the Hospital, nor any other person of the religious order, shall receive either tithes or any other ecclesiastical benefices at the hands of laymen, without authority of their bishops, and excepting therefrom those which up to the present time they have received, contrary to the tenor thereof. We do enact that such persons as shall be excommunicated, and shall, in accordance with the sentence of the bishops, be by name laid under interdict, shall be avoided by them as well as all others. In their churches, which do not belong to them by full legal right, they are to present priests for institution to the bishops, that they may be answerable to them for their care of the people, and give to themselves a full account as to the temporal things thereof. Also, those who have been instituted, they are not, without the sanction of the bishops, to presume to remove. If Templars or Hospitallers should come to a church under interdict, they are only once in a year to be admitted to the performance of divine service therein, nor even then are they to bury the bodies of those under interdict therein. As to the fraternities, we do also enact that if they shall not [upon warning] entirely join the brethren before-mentioned, but shall think proper to reside upon their own properties, still for all this they are on no account to be exempt from the sentence of the bishops, who are to exercise their authority over them just the same as they do in the case of others in their dioceses, when they require to be corrected for their excesses. What has been stated as to the brethren before named, we do also command to be observed with regard to those of other religious orders, who, in their presumption, wrest from the bishops their legal rights, and dare to enter upon a course contrary to their own canonical profession, and the tenor of our own privileges. And if they shall infringe upon this ordinance, both the churches in which they have presumed so to do, shall be laid under interdict, and all that they shall have done, shall, by the authority of the said council, be deemed null and void. Monks also are not to be admitted into mo

65 Contrary to the monastic rules.

966

nasteries for money, nor are they to be allowed to hold private property of their own; nor are they to be placed alone in vills and towns, or in any parish churches; but they are to remain in the general convent, or with some others of the brethren, and not alone among secular people to await the attack of their spiritual foes; for it is Solomon who says, 'Woe to him that is alone when he falleth, for he hath not another to help him up.' And if any person, on demand made, shall pay anything for his admission he shall not be admitted to canonical orders; and he who receives the same, is to be punished by loss of his office. If any [monk] also shall have any private property, unless he shall have received permission from the abbat for the administration of certain duties enjoined, the said person is to be removed from the communion of the altar; and for him who at the point of death shall be found to be in possession of private property, no offering is to be made, and he is not to receive burial among the brotherhood. The same also, we do enact, with reference to the various religious orders; and the abbat who shall not with due diligence pay attention to the same, is to know that he will thereby incur the loss of his office. Priorships also, or abbacies, are to be given to no person for the receipt of money; and if this shall be transgressed, let both the giver and the receiver, be removed from the administration of their ecclesiastical duties. Also, when priors shall have been appointed in conventual churches, they shall not, except for manifest and reasonable cause, be changed; unless, for instance, they have been guilty of dilapidation, or lived incontinently, or have been. guilty of any offence of a like nature for which they shall appear to deserve to be removed, or if they shall have to be transferred through the necessity of their filling some higher office. It seems also proper to be added, that monks or black canons, or black nuns, are not to use coloured hoods, but black ones only; and they are to use cloaks of only black or white, with the skins of lambs, cats, or foxes. Monks also, and other persons of the religious orders, are not to use hats, or to go away from their convents on pretence of making pilgrimages. We do also enact, that in every church of monks, or of any religious persons canonically appropriated to their use, a vicar shall, under the superintendence of the bishop, be appointed, who shall

67

66 Eccl. iv. 10.

67 In the text "obedientiæ." This was a name sometimes given to the abbacy, and sometimes to any ecclesiastical office whatever.

receive a fair and sufficient maintenance from the property of the church. [These, saving in all things the honor and privileges of the Holy Church of Rome.]

In the same year, Octavianus, cardinal bishop of Ostia, and legate of the Apostolic See, came into France, being sent as legate a latere by our lord the pope Innocent, in order to enquire into the divorce that had taken place between Philip, king of France, and queen Botilda, his wife, and in the first place, before entering upon the question, to compel the beforenamed king of France to put away his German adulteress, and to take again his wife Botilda, and treat her in a due and becoming manner.

This accordingly took place upon the vigil of the Nativity of the blessed Mary, the Mother of God and ever a Virgin, the said cardinal and the archbishops, bishops, and clergy of France, having met at the church of Saint Leodegar, at Nivelle. Thither, also, came Philip, king of France, and Botilda, his queen, and his German adulteress; and the king of France, at the admonition of the said cardinal, and by the advice of his people, put away his adulteress, and took back his queen Botilda; immediately after which he made complaint against her to the cardinal, saying, that legally he ought not to have her for a wife, as they were too closely connected by consanguinity, and that this he was prepared in every way to prove; and he therefore demanded that a divorce should be effected between them.

Upon this, the before-named cardinal appointed for them a space of six months, six weeks, six days, and six hours from the vigil of the Nativity of the blessed Mary, within which to deliberate upon the matter, and, at the choice of queen Botilda, appointed Soissons as the place for trial. On the same day, that is to say, on the vigil of the Nativity of Saint Mary, after the king of France had put away his adulteress, and had taken again his wife Botilda, the sentence of interdict upon the churches in the kingdom of France was immediately repealed, and, the bells ringing, there was great joy among the clergy and the people, as the interdict had now lasted for more than thirty weeks, and the bodies of the dead had been buried outside of the town, along the lanes and streets. Shortly after this, the woman before mentioned, whom the king of France had put away, gave birth to a son, who was called Philip, after the name of his father. The said king of France had also had, by the same woman, a daughter, who was five years old on the

very day on which he put her away; which daughter the king of France promised that he would give in marriage to Alexander, the son of William, king of Scotland.

In the same year, on the ninth day before the calends of October, being the last Saturday [of the autumnal fast] of the four seasons before the feast of Saint Michael, William, surnamed Malvoisin, the bishop elect of Glasgow, was ordained priest at Lyons, by the archbishop of that city; and on the following day, namely, the Lord's day, being the eighth day before the calends of October, he was consecrated bishop of Glasgow by the same archbishop, by order of pope Innocent the Third. In the month of October, in the same year, after settling his affairs in Normandy and his other territories beyond sea, John, king of England, crossed over from Normandy to England, bringing with him his wife Isabel; and on the eighth day before the ides of the said month, being the Lord's day, he and his wife Isabel were crowned at London, at Westminster, by Hubert, archbishop of Canterbury. In the meantime, by command of the said king, Geoffrey, archbishop of York, his brother, was deprived of all the manors and property of his archbishopric. On this occasion, James de Poterne, who was the then sheriff of York, violently entering upon the manors of the said archbishop, made waste of his property; on which the archbishop excommunicated the said sheriff, and all the authors and abettors of the said violence, with candles lighted and with bells ringing. He also excommunicated all who had excited or wished to excite his brother John to wrath or indignation against him without any fault on his own part. He also excommunicated the burgesses of Beverley, and suspended that town from the celebration of Divine service, and from the ringing of bells, because the said burgesses had broken into his park, and had disturbed and lessened his other possessions, which Roger, archbishop of York, his predecessor, and he himself, for some time, had held without molestation.

In process of time, however, John, king of England, following the advice of prudent men, restored to the before-named archbishop his archbishopric, and named a day for him to come to court, for the purpose of showing why he had not crossed over with him, in order to make a treaty with the king of France, when he had been summoned so to do; as also, why he had not

68 There were originally four periods of fasting in the Latin church, apportioned to the four seasons.