The circumstances under which the establishment of Christianity took

place naturally threw a great power of superintendence and interference

into the hands of the kings: from the beginning we find them taking a

very active part both in the formation of sees, the appointment of

bishops, and other public measures touching the government of the church

and—within this—the relation of the clergy to the state. The privileges

and rights conceded to the clerical body were granted by the king and

his witan, and enjoyed under their guarantee; and down to the last

moment of the Anglosaxon monarchy we find the episcopal elections or

appointments to have been controlled by them. Indeed as the clergy, the

people and the state may be said to have been duly represented by the

Witena gemót, an episcopal election made by them appears to possess in

all respects the genuine character of a canonical election: and in times

when there were no parliamentary struggles to make single votes

valuable, there seems no reason whatever to question that this mode was

found satisfactory. The loose manner in which the early writers mention

the appointment of the bishops, hardly permits us to draw any very

definite conclusions; yet it would seem natural that, where the whole

missionary work depended upon the goodwill of the king, the latter, with

or without his council, would exercise a paramount authority in all

matters of detail. Accordingly, though we do meet with instances in

which the free election of prelates may be assumed, we do far more

frequently find them both appointed and displaced by the mere act of the

royal will[863]. The case of Wessex in the seventh century is

instructive. Ægilberht, a Frank, had succeeded Birinus, the first

missionary bishop; but, from some cause or other, he lost the favour of

the king[864], who proposed to divide his diocese, which was too large

in fact for one prelate, and to appoint Wini, a native Westsaxon, to the

second see. Ægilberht then withdrew from England in disgust, and the

king committed the undivided bishopric to Wini: but on some subsequent

misunderstanding, this bishop was expelled from Wessex, and afterwards

_purchased_ the see of London from Wulfhari, king of the Mercians.

Coinwalh then applied for and obtained another bishop from Gaul in the

person of Liuthari or Lothaire, Ægilberht’s nephew. Equally great

irregularities seem to have been admitted in respect to the Northumbrian

sees in the time of Wilfrið; and indeed throughout the Anglosaxon

history it appears that the ruling powers, that is the king and the

witan, did in fact succeed in retaining the nomination of the bishops in

their own hands[865]. I have already mentioned instances of episcopal

nominations by the witena gemót[866], and called attention to the

significant fact of so many royal chaplains promoted to sees[867]. It is

difficult no doubt to withstand a royal recommendation, and though in

the case of the Anglosaxon prelates this does not always seem to have

ensured the canonical virtues, it perhaps very sufficiently supplied

their want. After the appointment or election had thus been made, it was

usual for the bishop elect to make his profession of faith to his

metropolitan; then to receive episcopal consecration from him, assisted

by such of his suffragans as he thought fit. He then most likely

received seizin of the temporalities in the usual way by royal writ. The

following is the instrument issued in 1060, for the temporalities of the

see of Hereford, on the appointment of Walther, queen Eádgyfu’s Lorraine

chaplain. “Eadwardus rex saluto Haroldum comitem et Osbearnum, et omnes

meos ministros in Herefordensi comitatu amicabiliter. Et ego notifico

vobis quod ego concessi Waltero episcopo istum episcopatum hic vobiscum,

et omnia universa illa quae ad ipsum cum iusticia pertinent infra portum

et extra, cum saca et cum socna, tam plene et tam plane sicut ipsum

aliquis episcopus ante ipsum prius habuit in omnibus rebus. Et si illic

sit aliqua terra extra dimissa quae illuc intus cum iustitia pertinet,

ego volo quod ipsa reveniat in ipsum episcopatum, vel ille homo ipsam

dimittat eidem in suo praetio, si quis ipsam cum eo invenire possit. Et

ego nolo ullum hominem licentiare quod ei de manibus rapiat aliquam suam

rem quam ipse iuste habere debet, et ego ei sic concessi[868].”

-----

Footnote 863:

See on this subject Lingard, Anglos. Church, i. 89 _seq._ His view

seems upon the whole satisfactory, and conformable to truth.

Footnote 864:

Lingard attributes this to the intrigues of Wini, whose simoniacal

bargain for the see of London does certainly not give a favourable

impression of his character. “The influence of the stranger was

secretly undermined by the intrigues of Wini, a Saxon ecclesiastic,

who possessed the advantage of conversing with the king in his native

tongue.” Anglos. Church, i. 90. But Beda says nothing of this: he

merely hints that Coinwalh was disgusted with the difficulties which

arose from Ægilberht’s ignorance of the Anglosaxon language. The whole

transaction is thus related in the Hist. Eccl. iii. 7:—“Cum vero

restitutus esset in regnum Coinwalch, venit in provinciam de Hibernia

pontifex quidam nomine Agilberctus, natione quidem Gallus, sed tunc

legendarum gratia Scripturarum in Hibernia non parvo tempore

demoratus, coniunxitque se regi, sponte ministerium praedicandi

adsumens: cuius eruditionem atque industriam videns rex rogavit eum,

accepta ibi sede episcopali, suae genti manere pontificem. Qui

precibus eius adnuens, multis annis eidem genti sacerdotali iure

praefuit. Tandem rex, qui Saxonum tantum linguam noverat, pertaesus

barbarae loquelae, subintroduxit in provinciam alium suae linguae

episcopum vocabulo Uini, et ipsum in Gallia ordinatum: dividensque in

duas parochias provinciam, huic in civitate Venta, quae a gente

Saxonum Uintancestir appellatur, sedem episcopalem tribuit; unde

offensus graviter Agilberctus, quod hoc ipso inconsulto ageret rex,

rediit Galliam, et accepto episcopatu Parisiacae civitatis, ibidem

senex et plenus dierum obiit. Non multis autem annis post abcessum

eius a Britannia transactis, pulsus est Uini ab eodem rege de

episcopatu; qui secedens ad regem Merciorum, vocabulo Uulfheri, emit

pretio ab eodem sedem Lundoniae civitatis, eiusque episcopus usque ad

vitae suae terminum mansit.” Wessex then remained for some time

without a bishop, till Coinwalh sent to Ægilberht and invited him to

return. The Frankish prelate replied that he could not desert his

church and see, but recommended his nephew Lothaire, as a proper

person to be ordained to Wessex: and he was accordingly consecrated by

Theodore: “Quo honorifice a populo et a rege suscepto, rogaverunt

Theodorum, tunc archiepiscopum Doruvernensis ecclesiae, ipsum sibi

antistitem consecrari.” Hist. Eccl. iii. 27. See also Will. Malm. de

Gest. Pontif. lib. ii.

Footnote 865:

Throughout every difficulty the English kings never lost sight of this

part of their prerogative, often as they were deceived in its

exercise. A writer of the twelfth century very justly calls it “the

custom of the realm.” “Cum autem _iuxta regni consuetudinem_, in

electionibus faciendis potissimas et potentissimas habeat partes,”

etc. Pet. Blesensis, Ep. de Henrico II. An. Trivet. 1154. p. 35.

Footnote 866:

Page 221 of this volume.

Footnote 867:

Page 115 of this volume.

Footnote 868:

Cod. Dipl. No. 833.

-----

As this is obviously, indeed professedly, a Latin translation, I subjoin

copies of the similar writs issued on the occasion of Gisa’s appointment

to the see of Wells[869].

-----

Footnote 869:

Gisa was a chaplain of the king, and also of Lotharingen or Lorraine.

-----

“✠ Eadward king grét Harold erl and Aylnóð abbot and Godwine schýre

réuen and alle míne þeynes on Sumerseten frendlíche; and ich kýðe eów

ðæt ich habbe geunnen Gisan mínan préste ðes biscopríche hér mid eów and

alre ðare þinge ðás ðe ðǽr mid richte tógebyrað, on wóde and on felde,

mid saca and mid sócna, binnon porte and bútan, swó ful and swó forð swó

Duduc biscop oð ány biscop hit firmest him tóforen hauede on ællem

þingan. And gif hér áni land sý out of ðám biscopríche gedon, ich wille

ðæt hit cume in ongeæn óðer ðæt man hit ofgo on hire gemóð swó man wið

him bet finde mage. And ich bidde eóu allen ðæt ge him fulstan tó dríuan

Godes gerichte lóck huer hit neod sý and he eówwer fultumes biðurfe. And

ich nelle nánne man geðefien ðæt him úram honde teó ánige ðáre þinge ðás

ðe ich him unnen habben[870].”

-----

Footnote 870:

The same in Latin. “✠ Eádwardus rex Haroldo comiti, Ailnodo abbati,

Godwino vicecomiti, et omnibus ballivis suis Somersetae, salutem!

Sciatis nos dedisse Gisoni presbytero nostro episcopatum hunc apud vos

cum omnibus pertinentiis, in bosco et plano, et saca et socna, in

villis et extra, ita plene et libere in omnibus sicut episcopus

Dudocus aut aliqui praedecessorum suorum habuerunt; et si quid inde

contra iustitiam fuerit sublatum, volumus quod revocetur, vel quod

aliter ei satisfaciat. Rogamus etiam vos ut auxiliari eidem velitis ad

Christianitatem sustinandam si necesse habuerit, nolumus autem ut

ullus hominum ei auferat aliquid eorum quae ei contulimus.” Cod. Dipl.

No. 835.

-----

“✠ Eadward king grét Harold erl, and Aylnóð abbot, and Godwine and

ealle míne þeines on Sumerseten frendlíche; ich queðe eóu ðæt ich wille

ðæt Gyse biscop beó ðisses biscopríches wrðe heerinne mid eóu. And álch

ðáre þinge ðe ðás ðár mid richte tógebyrað binnan porte and bután, mid

saca and mid sócna, swó uol and swó uorð swó hit éni biscop him tóuoren

formest haueð on ealle þing. And ich bidde eóu alle ðæt ge him beón on

fultome Cristendóm tó sprekene, lóc whar hit þarf sý and eówer fultumes

beðurfe eal swó ich getrowwen tó eów habben ðat ge him on fultume beón

willen. And gif what sý mid unlage out of ðán biscopríche geydón sý hit

londe óðer an oððer þinge ðár fulstan him uor mínan luuen ðæt hit in

ongeyn cume swó swó ge for Gode witen ðat hit richt sý. God eú ealle

gehealde[871].”

-----

Footnote 871:

The same in Latin. “✠ Eádwardus rex Haroldo comiti, Ailnodo abbati,

Godwino, et omnibus ballivis suis Sumersetac, salutem! Significamus

vobis nos velle quod episcopus Giso episcopatum apud vos possideat cum

omnibus dictum episcopatum in villis et extra de iure contingentibus,

cum saca et socna, adeo plene et libere per omnia sicut ullus

episcoporum praedecessorum suorum unquam habebat. Rogamus etiam vos ut

coadiutores ipsius esse velitis ad fidem praedicandam et

Christianitatem sustinendam pro loco et tempore, sicut de vobis

fideliter confidimus vos velle id ipsum. Et si quid de dicto

episcopatu sive in terris sive in aliis rebus contra iustitiam fuerit

sublatum, adiuvetis eum pro amore nostro ad restitutionem, prout

iustum fuerit habendam. Conservet vos Dominus.” Cod. Dipl. No. 838.

-----

The metropolitans themselves were to receive consecration from one

another, in order that the expense and trouble of going to Rome might be

avoided: but during the abeyance of the archiepiscopate of York, the

prelate elect of Canterbury appears to have been sometimes consecrated

in Gaul, sometimes by a conclave of suffragan bishops at home: thus in

731 Tátwine was consecrated at Canterbury by Daniel, Ingwald, Aldwine

and Aldwulf, the respective bishops of Winchester, London, Worcester and

Rochester[872]; and Pope Gregory the Third either made or acknowledged

this consecration to be valid by the transmission of a pall in 733. We

have no evidence by whom the consecrations were performed, in many

cases, but it is probable that the old rule was adhered to as much as

possible. In 1020, Æðelnóð was consecrated to Canterbury by archbishop

Wulfstán: the ceremony took place at Canterbury on the 13th of

November[873] in that year: and since in many cases the ordination of

archbishops is mentioned without any details, but yet as preliminary to

their going to Rome for their palls, it is likely that the chroniclers

tacitly assumed the custom of reciprocal functions in Canterbury and

York to be too well known to require description.

-----

Footnote 872:

Flor. Wig. an. 731.

Footnote 873:

Chron. Sax. an. 1020.

-----

When the nomination or election by the king and his witan had taken

place, it is probable that a royal mandate was sent to the metropolitan,

to perform the ceremony of consecration. We have yet the instrument by

which Wulfstán of York certifies to Cnut the performance of this duty in

the case of archbishop Æðelnóð[874]: the archbishop says:—“Wulfstán the

archbishop greets Cnut his lord, and Ælfgyfu the lady, humbly: and I

notify to you both, dear ones, that we have done as notice came from you

to us respecting bishop Æðelwold, namely that we have now consecrated

him.” He then prays that the new prelate may have all the rights and

dues granted to him, which have been usual, and enjoyed by his

predecessors: which perhaps is to be understood as a formal demand that

the temporalities may be properly conferred upon him. There can be no

manner of doubt as to the meaning of the word _swutelung_, which I have

rendered by _notice_, and Lingard by _order_[875]: it is a legal

notification, and the technical word in a writ is _swutelian_. But I do

not believe that Cnut was any more imperative in this matter than his

predecessors had been. An Anglosaxon archbishop would never have found

it a very safe thing to neglect a royal command by ancient right[876].

-----

Footnote 874:

Cod. Dipl. No. 1314. “✠ Wulfstán arcebisceop grét Cnut cyning his

hlaford, and Ælfgyfe ða hlǽfdian eádmódlíce; and ic cýðe inc leóf ðæt

we habbað gedón swá swá ús swutelung fram eów com æt ðám biscop

Æðelnóðe, ðæt we habbað hine nú gebletsod. Nú bidde ic for Godes lufon

and for eallan Godes hálgan ðæt gewitan on Gode ðam æðe and on ðám

hálgan háde, ðæt he mote beón ðǽre þinga wyrðe ðe óðre beforan wǽron,

Dúnstán ðe gód wæs, and mænig óðer; ðæt ðes mote beón eall swá rihta

and gerysna wyrðe ðæt inc byð bám þearflíc for Gode, and eác

gerysenlíc for worolde.”

Footnote 875:

Hist. and Antiq. i. 94. His whole account is well worth attention.

Footnote 876:

We have but one instrument:—granted. But what proportion have we of

instruments respecting matters which are entirely beyond doubt?

Supposing a royal mandate of consecration had issued on the election

of every bishop, between 802, when Ecgberht came to the throne, and

1066, there would have been once in existence 36 archiepiscopal and

224 episcopal writs, or a total of 260. But during the same period, in

the 32 counties south of the Humber there would have been held 25,344

shiremoots or county-courts. I will deduct one half of this number to

meet all conceivable accidents. Of the 12,672, of which beyond a doubt

records once existed, we still possess _three_ or at the utmost _four_

instruments: but do we on that account doubt that shiremoots were

held? When we look at these ratios of 1 : 260 and 4 : 12,672, we find

the authority for the writ of consecration more than ten times as

great as that for the existence of shiremoots.

-----

The bishops were in fact officers of the administration, and whatever

importance their ecclesiastical functions may have possessed, their

civil character was not of less moment. It is abundantly obvious that

men of such a class, possessing nearly a monopoly of what learning

existed, would be necessarily called to assist in the national councils,

and would be very generally employed in the diplomatic intercourse with

foreign countries: few persons of equal rank would have been competent

to conduct a negotiation carried on in writing: and there is no doubt

that their high position in the universal institution of the church

rendered them at that period the fittest persons to manage those affairs

which concerned the general family of nations. Moreover a close alliance

always existed in England between the aristocracy and the clergy:

faithful service of the altar, like faithful service of the state, gave

rank and dignity and privileges; and the ecclesiastical authority and

influence of the bishop, as well as his habits of business, and general

aptitude to advance the interests of the crown, frequently designated

him to discharge the somewhat indefinite, but weighty, duties of what we

now call a prime minister. Administration is in truth of such far

greater importance than constitution, that we can readily see how

greatly the social welfare of England did in reality depend upon this

class, to whom so much of administrative detail was committed: and it

was truly fortunate for the country that the clerical profession was one

that a gentleman could devote himself to without disparagement, and

therefore embraced so many distinguished members of the ruling class.

The civil and ecclesiastical jurisdictions were, it is well known, not

separated in England until after the Conquest. William the Norman was

the first to establish that most questionable division, the consequences

of which were often so bitterly felt by his successors. Previous to his

reign the bishop had been the assessor of the ealdorman in the scírgemót

or county-court, and ecclesiastical causes, except such as were reserved

for the decision of the episcopal synods, were subjected, like those of

the laity, to the judgment of the scírþegnas or shire-thanes: thus even

probate of wills was given in the county-court. This participation of

bishops in the administration of justice, useful and necessary in the

early ages of Christianity, was very probably derived from the functions

of their heathen predecessors, the priests of the ancient gods. The old

Germanic _placita_ were held, as is well known, under the presidency of

the priests, and these were courts of law as well as courts of

parliament. In fact there is no reason whatever to doubt that, long

before the introduction of Christianity, the public pleadings were

opened with religious ceremonies, and that the course of procedure was

regulated by religious ideas[877]. The gods were present,—to secure the

peaceful administration of justice, to sanction the finding of the

freemen, to give a holy character to the act of _doing right_ between

man and man,—to terrify the perjurer and the criminal,—perhaps to

justify the extreme penalty of the law in extreme cases; for it is

probable that to the gods alone could the life of a great wrongdoer be

offered, as an atonement to the Law, of which God is the root and

guardian. The institution of the ordeal by which it was superstitiously

supposed that the Almighty would reveal the hidden truth or falsehood of

men, further tended to connect, first the pagan and afterwards the

Christian priesthood with the administration of justice. In that most

solemn appeal to the omniscience and justice of God, the clergy

necessarily took the prominent part; and although we cannot believe that

they always resisted the temptation offered by that most strange juggle,

it may charitably be asserted that their intervention not rarely saved

the innocent from the penal consequences of an uncertain and painful

test.

-----

Footnote 877:

“Omnis itaque concionis illius multitudo ex diversis partibus coacta,

primo suorum proavorum servare contendit instituta, numinibus

videlicet suis vota solvens ac sacrificia.” Hucbald. Vit. Lebwini,

cap. xii.

-----

I have remarked in an earlier chapter[878] upon the union of the

sacerdotal with the judicial power: at a very early stage of human

society, the functions of the priest and the judge seem in general to

have been inseparable; nor were they separated in fact upon the

introduction of Christianity. In the very commencement of our æra, when

the church really did exist as a brotherhood under the guidance of the

first disciples, it was most natural that all contentions between

members of the body should be settled by the arbitration of the whole

church, or such as represented it. Litigation before the ordinary

tribunals of the state, even could such have been resorted to by

Christians, was little consonant with the doctrine of charity which was

to prevail among the members of one mystical body, founded on almighty

Love. Accordingly St. Paul himself[879] expressly forbids the disciples

to carry their contentions before the secular authorities, implying that

it is their duty to bring them to the consideration of their

fellow-believers, that they may be amicably settled, in the spirit of

forbearance and Christian moderation. And as persecution gradually

threatened the terrified community, this course became unavoidable: it

was impossible for the Christian to submit to the pagan forms of the

tribunals, yet to refuse these was to proclaim the adoption of a

proscribed and illegal association. The establishment of a hierarchy

among the Christians themselves supplied some remedy for this

difficulty, and it was soon decided that the disputes of the brotherhood

were to be brought before the presbyter or bishop as a judge,—a course

which in itself was natural in countries where the Romans had permitted

the existence of some authority in the national tribunals, and had not

insisted upon dragging every cause before their own officers. The

peculiar situation of the Christians themselves as citizens of a new

state—viz. the religious state—tended to consolidate this system.

Christianity took cognizance of motives, of acts entirely beyond the

reach of mere human law, and the community claimed a right to judge of

the internal as well as the external state of its members. Immorality,

not cognizable by any positive law, was a proper subject for the

animadversion of a body whose duty it was to exclude from communion all

who pertinaciously refused to perform the duties of their profession. It

was thus that a twofold jurisdiction became lodged in the church,—and in

the bishop or presbyter, as its representative in each particular

locality,—long before the reception of Christianity among the

_religiones licitae_ transformed the customs of an obscure sect into

recognised laws of the empire. But no sooner had the terms of the great

alliance been arranged, than the state hastened to give the imperial

sanction to what had hitherto been merely the bye-laws of a sodality:

and the decisions of a council, if confirmed by the assent of the

emperor, were at once raised to the rank of imperial laws. Thus the

council of Carthage in 397 had threatened with excommunication any

clergyman who should pursue another before the secular tribunals; and

this decree, repeated in 451 by the fourth general Council—that of

Chalcedon—had received the sanction of Marcianus, and become part of the

law of the Roman empire. The jurisdiction of the bishops in the affairs

of the clergy was thus rendered legal; but it was at a later period

extended so as to include a much wider sphere. Justinian not only

commanded all causes in which monks were concerned to be referred to the

bishop of the diocese, but made him the only legal channel of

proceedings even in cases where laymen had claims against the

clergy[880].

-----

Footnote 878:

Volume i. page 146.

Footnote 879:

1 Corinthians vi. 1-7.

Footnote 880:

Novel. § 83.

-----

Arbitration by the bishop had thus grown up into a custom, at first

absolutely necessary, and afterwards always desirable, in a society like

the Christian. Accordingly Constantine permitted all contentions to be

so settled. But it was a rule of Roman law that there could lie no

appeal whatever from a voluntary arbitration; and in pursuance of this

rule, in the year 408, Arcadius and Honorius decreed that the sentences

of bishops should be without appeal[881]. In this manner was the

ecclesiastical jurisdiction founded in the Greek and Roman empires.

-----

Footnote 881:

Dönniges, Deut. Staatsr. p. 48 _seq._

-----

Happily for ourselves, this could not be admitted without modification

in the Germanic states. Had it indeed been so, every trace of

independence would long since have perished, and the whole civilized

world have found itself subject to the principles and regulations of an

effete scheme of jurisprudence. The antagonism of the Germanic customary

right it was that saved us from the consequences which must have

followed the universal prevalence of maxims elaborated by another race,

and sprung out of a different social condition. It was the conflict of

the Roman and Ecclesiastical laws with those of the Teutonic victors

that produced that modified system of relations, under which, by the

blessing of Providence, civilization has been maintained, the general

well-being of mankind advanced, and human society firmly established

throughout Europe, on a basis susceptible of progressive, perhaps

illimitable improvement. Useful as a counter-check to the somewhat

disruptive system of the Germans, the Roman and Ecclesiastical laws have

yet never been able to destroy the nationality, or abridge the freedom,

of our races; while they have tended to give consistency and method to

our own customs, and to reduce into form and harmony what, but for them,

might have been liable to fall asunder from its own internal vigour.

Like the centripetal and centrifugal forces, they have balanced one

another, and held our social state together as one majestic and

consistent whole.

The method of doing justice between man and man, which was the very

foundation-stone of the Teutonic polity, was in direct opposition to the

doctrines of Roman jurists and the practice of the church. Justice went

out from among the people themselves, not from the king or the bishop.

The people spoke both as to fact and law, the ancient customary law; nor

did they at any time allow their relations as Christians to abrogate the

older rights they had possessed as citizens, where the exercise of these

was clearly compatible with the recognition of the former. In respect to

their religion, they duly submitted to the ecclesiastical authority,

made confession, performed penance, and hearkened to advice tendered by

qualified functionaries; but they nevertheless still met in their folk-

and shire-moots to hold plea, declare folk-right, and superintend its

execution by their national officers. Not even to the clergy themselves

did they accord an immunity from the universal duties of freemen: and

although they may have been disposed to acquiesce in the claim to be

quit of personal military service, they never excused suit and service

to the popular courts. Only when the relation of a cleric to his

superior was that of an unfree man to his lord, did the state release

him from this duty, or rather did the state hold him unworthy of this

privilege.

The existence of such a body as the English clergy could not possibly be

ignored. As organized agents of a system which professed to exercise a

right of rule over the most secret desires and motives of men,—as

students distinguished by their knowledge, or remarkable for their

piety,—as landlords, in the enjoyment of great wealth, and chiefs of

numerous dependents,—lastly as advisers and ministers of the ruling

class, or intermediaries in the intercourse with foreign states,—they

formed a power whose claims to attention could not be neglected. But

their social position itself was that which brought them continually in

relation with the other aggregates of freemen, and they were therefore

called upon to take their place with other landowners, lords, or

ministerials in the popular councils.

With all their attachment to the customary law and the national

franchises, the Anglosaxons never lost sight of the fact that

Christianity had introduced new social relations: they were ready to

admit that there was now a godcund or _divine_ as well as woroldcund or

_secular_ right; and in the exposition of the former they were willing

to follow the guidance of those who professed to make it their especial

study. Moreover the system of Anglosaxon jurisprudence depended very

much upon the trustworthy character of witnesses, and the ordination of

the clergy was justly taken to have imposed upon them the obligation of

a peculiar truthfulness. The testimony of members of their class became

therefore a very important thing in the sight of the _moot-thanes_ who

might have disputed points to settle, or who, in mixed causes, might

shrink from doing wrong to the venerable body by too strict an

application of the principles by which themselves were bound. Lastly, as

there was a merciful tendency among the people to have disputes settled

by arbitration and on equitable grounds, rather than by the strict rules

of law, the clergy, whose jurisdiction extended to the motives of

Christians rather than the mere acts of citizens, were valuable

intermediaries between contending parties. The dignity of the class—the

_honor clericalis_—was cheerfully recognised, the wisdom and goodness of

the body acknowledged, and the propriety of being to a great degree

guided by the experience and enlightenment of their leaders, readily

conceded. Accordingly the bishop became an inseparable assessor of the

Frankish count and of the Anglosaxon ealdorman in their respective

courts[882].

-----

Footnote 882:

See Leg. Eádg. ii. § 5. Cnut, ii. § 18.

-----

The duties of a bishop as the officer of a state, and

contradistinguished from his merely ecclesiastical functions, were to

assist in the administration of justice between man and man, to guard

against perjury, and to superintend the administration of the ordeals;

further to take care that no fraud was committed by means of unjust

measures, to which end he was made the guardian of the standards, and

the judge of what work might be demanded from the serf; above all, to

watch over the maintenance of the peace, and the upholding of divine as

well as secular law[883]. The canons of the church did indeed prohibit

the presence of bishops on trials which might involve the penalties of

death or mutilation; and even the Constitutions of Clarendon, the object

of which was to place the clergy on their proper and ancient footing

towards the other members of the church and state, recognised this

exemption[884]: but there is little reason to suppose that it was

regarded by the Anglosaxons; indeed the popular courts had no power to

pass sentences of so deep a dye, until long after the custom of the

bishop’s presence therein had been established too firmly to be

questioned. It was otherwise among the Franks, and we may perhaps

attribute this to the strong nationality of the Frankish clergy, which

indisposed them to claim their canonical immunity.

-----

Footnote 883:

The ‘Institutes of Ecclesiastical Polity’ are very explicit upon these

points. They say:—“To a bishop belongs every direction, both in divine

and worldly things. He shall, in the first place, inform men in

orders, so that each of them may know what it properly behoves him to

do, and also what they have to enjoin to secular men. He shall ever be

[busied] about reconciliation and peace, as he best may. He shall

zealously appease strifes and effect peace, with those temporal judges

who love right. He shall in accusations direct the _lád_, so that no

man may wrong another, either in oath or ordeal. He shall not consent

to any injustice, or wrong measure, or false weight; but it is fitting

that every legal right (both ‘burhriht’ and ‘landriht’) go by his

counsel and with his witness: and let every burgmeasure, and every

balance for weighing be, by his direction and furthering, very exact;

lest any man should wrong another, and thereby altogether too greatly

sin.... It behoves all Christian men to love righteousness, and shun

unrighteousness; and especially men in orders should ever exalt

righteousness, and suppress unrighteousness: therefore should bishops,

together with temporal judges, so direct judgments, that, as far as in

them lies, they never permit any injustice to spring up there.... By

the confessor’s direction, and by his own measure, it is justly

fitting that the thralls work for their lords over all the district in

which he shrives. And it is right that there be not one measuring-rod

longer than another, but all regulated by the confessor’s measure; and

let every measure in his shrift-district, and every weight, be, by his

direction, very rightly regulated: and if there be any dispute, let

the bishop arbitrate.” Thorpe, ii. 312 _seq._

Footnote 884:

“Archiepiscopi, episcopi et universae personae regni, qui de rege

tenent in capite, habeant possessiones suas de rege sicut baroniam, et

inde respondeant iusticiariis et ministris regis, et sequantur et

facient omnes consuetudines regias; et sicut caeteri barones, debent

interesse iudiciis curiae regis quousque perveniatur ad diminutionem

membrorum vel ad mortem.” Rog. Wend. _anno_ 1164. Coxe, ii. 301.

-----

Another exemption which the bishops properly possessed, seems also to

have been often neglected in this country,—that namely of personal

service in the field. No doubt, all over Europe, as soon as the bishops

became possessed of lands liable to the _hereban_, or military muster,

they, like other lords, were compelled to place their armed tenants on

foot, for the public service, when duly required: but their levies were

mostly commanded by officers specially designated for that purpose and

known under the names of _advocati_, _vicedomini_, or _vidames_; being

in general nobles of power and dignity who assumed or accepted the

exercise of the bishop’s royalties, the management of his estates, the

administration and execution of his justice, and a remunerative share of

his revenues and patronage. In Saxon England, however, we do not meet

with these officers; and though it is probable that the bishop’s geréfa

was bound to lead his contingent under the command of the ealdorman, yet

we have ample evidence that the prelates themselves did not hold their

station to excuse them from taking part in the just and lawful defence

of their country and religion against strange and pagan invaders[885].

Too many fell in conflict to allow of our attributing their presence on

the field merely to their anxiety lest the belligerents should be

without the due consolations of religion; and in other cases, upon the

alarm of hostile incursions, we find the levies stated to have been led

against the enemy by the duke and bishop of the district.

-----

Footnote 885:

As late as 43 Edw. III. A.D. 1369, on an alarm of invasion, orders

were given to arm and array the clergy, as well as laity. Rym. Foed.

vi. 631.

-----

Attention has been called in another chapter to the fact that the

bishops did not universally (or indeed usually), make their residences

in the principal cities[886]. A remarkable distinction thus arose

between themselves and the prelates of Gaul and Germany. The latter,

strong in the support of the burgesses, and identified with the urban

interests, found means to consolidate a power which they used without

scruple against the king when it suited their convenience, or which

enabled them to extort from him the grant of offices that virtually

rendered them independent of his authority. This was generally effected

through the bishop’s obtaining the county, that is becoming the count,

and thus exercising the palatine power in his city, as well as that

which he might already possess _iure episcopii_, and as _defensor urbis_

or patron of the municipality. This, rare indeed under Charlemagne, but

not uncommon in the times which preceded and followed him, can at least

not be proved to have taken place in England before the Conquest[887].

There is indeed one instance which might seem at first sight to

contradict this assertion, but which upon closer investigation rather

confirms it. We learn that certain thieves, having attempted a

sacrilegious entry into the church of St. Eádmund, and being

miraculously delivered into the hands of the authorities, were put to

death by the orders of Ðeódred, then bishop of London and of

Eastanglia[888]. This event took place after the conquest of the

last-named province by Æðelstán, who about 930 drove the Danes from it

or reduced them under his own power. At that time it appears uncertain

whether the conquered kingdom had been duly arranged and settled, or

whether any ealdorman had been appointed to govern it. If not, we must

imagine that Ðeódred, the only constituted authority on the spot, acted

at his own discretion in a case of urgency, without absolutely

possessing the legal power to do so; that the act was in short one of

those examples of what in modern times we understand by the term

Lynch-law, that law which men are obliged to administer for themselves

in the absence of the regular machinery of government. But it is further

observable that, according to the terms of the legend itself, these

thieves were taken _in the manner_, and consequently liable to capital

punishment without any trial at all[889]; this justice we may suppose

Ðeódred to have executed, and to its summary character we may attribute

the regrets he expressed on the subject at a later time. It is also

possible to account for the act by supposing that even at this early

period the bishop possessed his sacu and sócn in the demesne of St.

Eádmund, and that he proceeded to execute his thieves by his right as

lord of the sócn: but there is no clear proof that the immunity did

exist before the time of Cnut, and I therefore incline to the second

explanation as the most probable. But if Ðeódred did not act in

pursuance of possessing the comitial power, we may safely say that there

is no evidence whatever of any Saxon bishop having exercised it[890]. As

assessor to the ealdorman, the bishop was especially charged to attend

to the due levy of tithe and other church imposts; but this was clearly

because he had a direct interest in the law that decreed their punctual

payment, and was certain not to connive at any neglect in its execution,

which the ealdorman out of favour or carelessness might possibly have

been disposed to do.

-----

Footnote 886:

The Normans adopted a different custom. Many of the cathedrals were

transferred from obscure sites to the cities which they now adorn, by

the first Norman bishops.

Footnote 887:

After the Conquest it did take place: Walcher bishop of Durham was

made also count of the same in 1075, upon the capture of Earl Wælþeóf.

Hist. Dunelm. Eccl. lviii. (lib. iii. cap. xxiii. p. 208). As late as

the time of Richard the First, we find a successor of Walcher, Hugo de

Pusac, purchasing the same county of the king, _anno_ 1189. Ric.

Divisiens. p. 8. One year later, Baldwin archbishop of Canterbury

suspended Hugo, bishop of Coventry, because “contra dignitatem

episcopalis ordinis, officium sibi vicecomitatus usurpaverat.” Rog.

Wend. an. 1190. Coxe, iii. 18.

Footnote 888:

“Hic fecit suspendi latrones volentes infregisse aecclesiam Sancti

Eadmundi, qui tamen erant miraculose impediti.” Chron. de Passione S.

Edmundi, cited by Wharton. Ep. et Dec. Lond. p. 29. See also Will.

Malm. Gest. Pont. lib. ii.

Footnote 889:

William of Malmesbury seems to allude to this point, when he says of

St. Eádmund: “Latrunculos, noctu sacram aedem expilare aggressos,

invisis loris in ipsis conatibus irretivit; formoso admodum

spectaculo, quod praeda praedones tenuit, ut nec coepto desistere, nec

inchoata valerent perficere.” Gest. Reg. i. 366, § 213.

Footnote 890:

By the law of Eádweard the Confessor, “cyricbryce” belonged to the

bishop. “Si quis sanctae aecclesiae pacem fregerit, episcoporum tum

est iusticia.” Leg. Eád. Conf. § vi. But this seems a different thing

altogether, and to be a violation of the “grið” only.

-----

But a still higher authority was placed in the hands of the bishop,

derived in fact from the assumed pre-eminence of the ecclesiastical over

the secular power. If the geréfa would not do justice, and maintain the

peace in the land, then the bishop was especially commanded to enforce

the fines which the king and his witan had apportioned to that officer’s

offence[891]. It was no doubt argued that no geréfa would be found bold

enough to incur the danger of offering violent resistance to the sacred

person of the prelate; and even the ealdorman, who might have set the

king at defiance, would tremble to encounter the substantial terrors of

excommunication and a laborious penance.

-----

Footnote 891:

“But if any of my reeves will not do this, and care less about it than

we have decreed, then let him pay my _oferhyrnes_ [that is the fine

for _disobedience_], and I will find another, who will. And let the

bishop exact the _oferhyrnes_ of the reeve in whose district it may

be.” Leg. Æðelst. i. § 26. Thorpe, i. 212. Again: “And let the judge

that giveth wrong judgment to another, pay to the king a _bót_ of one

hundred and twenty shillings; unless he will venture to prove on oath

that he knew no better. And let him forfeit his thaneship for ever,

unless he can redeem it from the king, as he may be willing to permit.

And let the bishop of the shire exact the _bót_ into the king’s hand.”

Leg. Eádg. ii. § 3. Thorpe, i. 266.

-----

The high station occupied by the bishop in the social hierarchy is

proved by the amount of his wergyld and of the fines assigned to

offences against his honour, his person, and his property. Although the

bishop and the presbyter are in fact but of one order in the church, yet

the state found it convenient to place the former on much the higher

scale. In the “North-people’s law” an archbishop is reckoned upon the

same footing as an æðeling or prince of the blood, at fifteen thousand

thrymsas, and a bishop upon the same footing as an ealdorman at eight

thousand. The breach of a bishop’s surety or protection, like the

ealdorman’s, rendered the offender liable to a fine of two pounds, which

in the case of an archbishop rose to three[892]. He that drew weapon

before a bishop or ealdorman was to be mulcted in one hundred shillings,

before an archbishop, in one hundred and fifty[893]. Under Ini the

violence done to a bishop’s dwelling, and the seat of his jurisdiction,

was to be compensated with one hundred and twenty shillings, while the

ealdorman’s was protected by a fine of only eighty: in this the

episcopal dignity was placed upon a level with that of the king

himself[894]. Similarly Wihtrǽd had declared his mere word, without an

oath, to be like the king’s, incontrovertible.

-----

Footnote 892:

Leg. Ælfr. § 3. Cnut, ii. § 59. Thorpe, i. 62, 408. In this last

passage, as in the North-people’s law of wergyld, the archbishop’s and

æðeling’s borh and mundbryce are reckoned alike at three pounds. So

also Ll. Æðelr. vii. § 11. Thorpe, i. 330.

Footnote 893:

Leg. Ælf. § 15. Æðelr. vii. § 12. Thorpe i. 70, 332.

Footnote 894:

Leg. Ini, § 45. Thorpe, i. 130. This overrated estimate is corrected

by Ælfred, who settles the sums thus: king, one hundred and twenty

scill.; archbishop, ninety scill.; bishop and ealdorman, sixty scill.

Leg. Ælf. § 40. Thorpe, i. 88.

-----

The ecclesiastical functions of the bishops were here the same as

elsewhere. To them belonged the ordination of priests and deacons, the

hallowing of chrism, the ceremonies of confirmation, the consecration of

churches and churchyards, nuns and monks; they had a right to regulate

the lives and conversation of their clergy, to superintend the monastic

foundations, and in general to watch that every detail of the

ecclesiastical establishment was duly regarded and maintained. In their

peculiar synods they could frame canons of discipline, to be enforced in

the several dioceses. They were the receivers-general of all

ecclesiastical revenue, which they distributed to the inferior clergy

under their government, according to certain specified regulations;

providing out of the common fund for the due maintenance of the priests,

the buildings, and minor accessories required for decent celebration of

the rites of religion.[895]

-----

Footnote 895:

Leg. Wihtr. § 16. Thorpe, i. 40.

-----

But the most important of their functions was that which is technically

called _iurisdictio fori interni_, their jurisdiction in matters of

conscience, their dealing with the motives and feelings, rather than the

acts of men. This—which practically they exercised through the several

presbyters who were, for the general convenience, dispersed over the

face of the country,—was the true source of their power, and measure of

their social influence. Positive law deals only with the actions of men,

and then only when they are perfected or completed: religion regulates

the inward impulses from which those actions spring, and its authority

extends both before and beyond them: intention, not act, is its proper

province. But the secret intentions and motives of men are known

perfectly to God alone; the man himself may, and often does possess but

an indistinct and fallacious notion of his own impulses; and as it is in

these, rather than in the acts which are their results, that the essence

of guilt lies, the Christian was taught to unbosom himself to one of

more experienced and disciplined feelings;—one whose profession was to

console the distracted sinner, and who, on genuine repentance, was

empowered to announce the glad tidings of reconciliation with God.

Confession of sins was the mode pointed out by the founder of the

church, to obtain the blessings of almighty mercy; but how were the

ignorant, the obstinate, or the despairing to know the right manner of

such confession? How could they know in what form confession was

effectually to be made to God? How could they, plunged in sin and

foulness, dare to approach the source of all purity and holiness? What

hope could the grovelling outcast have of being admitted to the throne

of his glorious King, even for the purpose of renouncing his state of

rebellion and apostasy? But the glorious King was a merciful sovereign,

who had commissioned certain of his servants, reconciled sinners

themselves, to be intermediaries between his own majesty and the

terror-stricken offender: they had been sent forth armed with full power

to receive the submission which the guilty feared to offer to Himself in

person, furnished with instructions as to the exact mode in which the

satisfactory propitiation was to be made. These commissioners were the

especial body of the clergy,—the successors and representatives of the

Levitical Priests under the Law,—the offerers of the sacrifices,—to whom

the spirit of God had been exclusively communicated in the ceremony of

their ordination, and who thereby became possessors of the divine

authority, to bind and loose, to forgive sins on earth and in the world

to come. The clergy therefore undertook to direct the suffering and

heart-broken outlaw to the throne of peace. Again, as the merely human

preacher of atonement possessed of himself no means of ascertaining the

genuineness of repentance, a system of penances was established which

might serve as a test of the penitent’s earnestness: and too soon a

miserable error grew up that, by submitting to self-inflicted

punishments, the sinner might diminish the weight of the penalties which

he had earned in a future state. But he might exceed or fall short of

the just measure, if not duly weighed and apportioned by those who were

in possession of the divine will in that respect: men had even without

their own knowledge become holy and justified by their works of

self-abasement and humiliation and charity: such men might exceed the

necessary limit of penance and mortification:—happily for the sinner and

the saint, the priest had a code of instructions at hand by which the

difficulties in all cases could be readily adjusted.

These codes of instructions, known by the names of Confessionalia,

Poenitentialia, Modus imponendi Poenitentiam, and the like, were

compiled by the bishops, to whom the _iurisdictio fori interni_ was

exclusively competent, as soon as the episcopal system became firmly

settled. The presbyter exercised it only as the bishop’s vicar, when it

became inconvenient for the penitent to visit a distant cathedral or

metropolis. The episcopal right was open to every bishop: each one

might, if he dared, embody his own ideas on the subject in a code, which

would derive its authority from conformity to the recognised customs of

the church, the personal reputation of its author, and the general

acceptance by his episcopal peers throughout the world. The differing

circumstances of differing states of society required skilful adaptation

of general rules; and therefore any bishop who felt in his conscience

that he was qualified for the task, might bring the light of his wisdom

to the consideration of this weighty matter, and make such regulations

as to himself seemed good, for the management of his own

diocese,—certain that, if the blessing of God rested upon his

endeavours, his views would be widely circulated and adopted by his

neighbours. There is perhaps no more melancholy evidence in existence of

the vanity and worthlessness of human endeavours than the celebrated

works which thus arose in various parts of Europe; and nothing can

demonstrate more strikingly the folly and wickedness of squaring and

shaping the unlimited mercy of God by the rule and measure of mere human

intelligence. With the contents of these Poenitentials we have of course

not here to deal; but I am bound to say that I know of no more fatal

sources of antichristian error, no more miserable records of the

debasement and degradation of human intellect, no more frightful proofs

of the absence of genuine religion. It was the evil tendency of those

barbarous early ages not to be satisfied with the simple promises of

divine mercy, and faith was clouded and confused by the crowd of

incongruous images which were raised between itself and its all-glorious

object. At one time terrified by the consciousness of sin, at another

deluded by the cheap hope of ceremonial justification, the human race

eagerly rushed to multiply the means of salvation, and franticly

rejoiced in the establishment of a host of mediators between themselves

and their crucified Redeemer, between the frightened but unconverted

sinner, and his offended Lord and Maker. The pure Word of God was not

then, as it now is, accessible to every reader; and those whose duty it

was to proclaim what the mass of men could not obtain access to

themselves, had erred into a devious labyrinth of traditions, through

which the weary wayfarer circled and circled in endless, objectless

gyrations, at every turn more distant only from the goal he pursued.

Pure and good were no doubt the objects sought by Cummian, and Theodore

and Ælfríc, and pious the spirit in which they wrought; but the

foundation of their house was upon sand, and when the rains fell and the

tempests roared around it vanished in a moment from before the sight of

God and man, never to be reconstructed, even until the closing of the

ages.

The sources of revenue by which the bishops supported their temporal

power will be considered in a subsequent chapter: it is enough that we

find them to have been amply endowed with fitting means, in every part

of Europe. During the Anglosaxon period, poverty and self-denial were

not the characteristics of the class, however they may have

distinguished certain members of the body. Nor will the philosophical

enquirer see cause for regret in this: far more will he rejoice in the

establishment of any system which tends to draw closer the bonds of

intercourse between the clerical and lay members of the church, which

leads to the identification of their worldly as well as their eternal

interests, and unites them in one harmonious work of praise and

thanksgiving, one active service of worship and charity and love, before

the face of Him in whom they are united as one holy priesthood. It is

the separation of the clergy from the laity, as a class, to which the

world owes so many ages of misery and error; and to the comparative

union of both orders in the church, we may perhaps attribute the general

quiet which, in these respects, characterized the Anglosaxon polity. On

these points of separation I shall also have something to say hereafter;

but for the present one more subject alone remains to be treated of in

this chapter, the last but not least remarkable function of the

episcopal authority and power. By far the most important point of the

public ecclesiastical jurisdiction,—for the _iurisdictio fori interni_

is quite another thing,—lay in the questions of marriage, which were

especially reserved for the bishop’s cognizance. The prohibitions which

the clergy enforced were obviously unknown to the strict Teutonic law,

which permitted considerable licence in these respects. From Tacitus we

learn that a sort of polygamy was not unknown on the part of the

princes; it was probably looked upon as a useful mode of increasing the

alliances of the tribe[896],—the only conceivable ground on which it

could have been allowed by a race so strict in the observance of

marriage. We do not know within what degrees the Germans permitted

unions which the Roman clergy considered incestuous, but we do know that

Gregory considered a relaxation of the strict rule necessary to the

success of Augustine in Britain; that he gave the missionary positive

instructions upon the subject, and, when blamed by his episcopal brother

of Messina for this concession, justified his course by the danger which

he apprehended for his plan of conversion, if the prejudices of the

Saxons on so vital a point were too hastily shocked[897]. From these

directions of Gregory we learn not only that the marriage of first

cousins was common, but—what is much more surprising—that the marriage

with a father’s widow was so likewise. Nor can we doubt this, when we

not only find recorded cases of its occurrence, but when we have a

Teutonic king distinctly affirming it to be the legal custom of his

people: in the sixth century Ermengisl king of the Varni can say, “Let

Radiger my son marry his step-mother, even as our national custom

permits[898];” and therefore when we find Beda speaking of a similar

marriage, and declaring Eádbald to have been “fornicatione pollutus tali

qualem nec inter gentes auditam Apostolus testatur, ita ut uxorem patris

haberet[899],” or Asser on another such occasion saying that it was

“contra Dei interdictum, et Christianorum dignitatem, nec non et contra

omnium Paganorum consuetudinem,” we can only suppose that they either

did not know, or that they deemed it advisable not to recognise, the

ancient heathen practice.

-----

Footnote 896:

“Nam prope soli barbarorum singulis uxoribus contenti sunt, exceptis

admodum paucis, qui non libidine, sed ob nobilitatem plurimis nuptiis

ambiuntur.” Tac. Germ. xviii.

Footnote 897:

See Felix’s letter, Bed. Op. Min. ii. 239. He not only expresses his

own surprise, but adds that other clergymen had been greatly disturbed

by Gregory’s departure from the rule of the church: “non modicum

murmur super hac re nobiscum versatur.” Gregory replies in some

detail, and especially says: “Quod autem scripsi Augustino, Anglorum

gentis episcopo, alumno videlicet, ut recordaris, tuo, de

consanguinitatis coniunctione, ipsi et Anglorum genti, quae nuper ad

fidem venerat, ne a bono quod coeperat metuendo austeriora recederet,

specialiter et non generaliter caeteris me scripsisse cognoscas.” Bed.

Op. Min. ii. 242. The following are the directions referred

to:—“Quinta interrogatio Augustini. Usque ad quotam generationem

fideles debeant cum propinquis sibi coniugio copulari? et novercis et

cognatis si liceat copulari coniugio? Respondit Gregorius. Quaedam

terrena lex in Romana republica permittit ut, sive frater et soror,

seu duorum fratrum germanorum, vel duarum sororum filius et filia

misceantur; sed experimento didicimus ex tali coniugio sobolem non

posse succrescere, et Sacra Lex prohibet cognationis turpitudinem

revelare. Unde necesse est ut iam tertia vel quarta generatio fidelium

licenter sibi iungi debeat; nam secunda, quam praediximus, a se omni

modo debet abstinere. Cum noverca autem miscere grave est facinus,

quia et in Lege scriptum est, ‘Turpitudinem patris tui non

revelabis’.... Quia vero sunt multi in Anglorum gente qui, dum adhuc

in infidelitate essent, huic nefando coniugio dicuntur admixti, ad

fidem venientes admonendi sunt ut se abstineant et grave hoc esse

peccatum cognoscant.” The correspondence with Felix apparently refers

to further regulations on the subject which are no longer found in the

copies of Gregory’s answers to Augustine.

Footnote 898:

Ῥαδίγερ δὲ ὁ παῖς ξυνοικιζέσθω τῇ μητρυιᾷ τὸ λοιπὸν τῇ αἰτοῦ, καθάπερ

ὁ πάτριος ἡμῖν ἐφίησι νόμος. Procop. Bel. Got. iv. 20.

Footnote 899:

Hist. Eccl. ii. 5. The words of St. Paul, here referred to, are in 1

Cor. v. 1. Asser, Vit. Ælf. 858. The very words of Beda himself seem

to prove that Eádbald’s marriage was closely connected with

heathendom,—perhaps was intended to be a public profession of it. He

says that the king, being terrified by Laurentius’s account of a

miraculous vision he had had, “anathematizato omni idolatriae cultu,

abdicato connubio non legitimo, suscepit fidem Christi, et baptizatus

aecclesiae rebus quantum valuit, in omnibus consulere et favere

curavit.” Hist. Eccl. ii. 6. In fact the politics of that day seem

generally to have consisted in the apostasy of a converted king’s

successor. The heathen priests could hardly be expected to yield quite

without a struggle. The cases are curious enough to merit a detailed

record. What the age of Æðelberht’s second wife may have been is

unknown to us; but there is some probability that Æðelwulf’s marriage

was never really consummated, that it was never a marriage at all.

Judith can hardly have been more than twelve when Æðelwulf married

her, and within two years he died.

-----

In both the cases referred to, the obvious scandal was put a stop to by

the separation of the parties[900],—Eádbald being evidently led to this

step by superstitious fears, rather than submitting to an episcopal

authority exercised by Laurentius. It is certainly strange in the case

of Æðelbald, if there really were a separation, that we hear nothing of

the interference of the Church to produce so important an event.

-----

Footnote 900:

Eádbald’s divorce is recorded, as we have seen, by Beda. Æðelbald’s

rests on much less sure authority,—that only of Matthew Westminster,

and Rudborne, Annal. Winton. Judith, after her return to France,

eloped with Baldwin of Flanders, to whom she bore Matilda, William the

Conqueror’s wife. See Warnkönig, Hist. Fland. i. 144.

-----

We learn that by degrees the time arrived at which the clergy thought

themselves strong enough to insist upon a stricter observance of the

canonical prohibitions, and various instances are on record where their

intervention is mentioned, to separate persons too nearly connected by

blood. It is probable that many more of these are intended than we

actually know; for unhappily the monkish writers are over-fond of using

strong expressions both of praise and blame, and not rarely fling

_pellex scortum_ and _concubina_ at the heads of women who were for all

that, legally speaking, very honest wives. One celebrated case has

obtained a worldwide reputation,—that of Eádwig, the details of whose

unhappy fate will probably for ever remain a mystery. Political

calculations, and unreconciled national jealousies were in all

probability the mainsprings of the events of his troublous life; but

that which lends it all its romance—his separation from Ælfgyfu—was the

act of a prelate determined upon upholding the ecclesiastical law of

marriage. It is to be regretted that we do not know the exact degree of

relationship between the royal victims. It may have been too close, in

the eyes of the stricter clergy; yet we cannot close our eyes to the

fact that it was long acquiesced in by the English nobles; nor, had

Eádwig shown himself more pliant to the pretensions of Dúnstán, might we

ever have heard of it at all. History, deprived of all its materials,

will here fail to do even late justice to the sufferers; but it will not

fail to stamp with its enduring brand the brutal conduct of their

persecutors[901]. However conscientious may have been the intentions of

archbishop Oda, it is to be lamented that a stain of barbarous cruelty

attaches to his memory, for the part he took in this transaction. It he

found it inevitable, after two years of wedded life further to humiliate

his already humbled sovereign, by insisting upon the removal of his

young consort, it was not necessary to disfigure her with hot

searing-irons, or on her return from exile to put her to a cruel death.

The asceticism of the savage churchman seems here to have been

embittered by even less worthy considerations.

-----

Footnote 901:

There cannot be the slightest doubt that Ælfgyfu was Eádwig’s wife, or

that she was separated from him on the ground of too near

consanguinity. The charter, Cod. Dipl. No. 1201, which is in every

respect an authentic document, mentions her as “Ælfgyfu, ðæs cynges

wíf,” the king’s wife; and this, in addition to herself, was witnessed

by her mother Æðelgyfu, by four bishops, and by three principal

noblemen of the court. If that charter be not genuine, there is not

one genuine in the whole Codex Diplomaticus, and I cannot see the

shadow of a reason to question it, as Lingard has done. The reader

will probably be glad to see it, as it occurs in _two_ manuscripts,

the Cotton MSS. Claud. B. vi. fol. 54. and C. ix. fol. 112, one copy

being in the original Saxon, the other a statement in Latin drawn up

from it.

“Ðis is seó gerǽdnes ðe Byrhtelm

biscop and Æðelwold abbud hæfdon

ymbe hira landgehwerf: ðæt is ðonne

ðe se biscop gesealde ða hída æt

Cenintúne intó ðǽre cyricean æt

Abbendúne tó écan yrfe; and se

abbud gesealde ðæt seofontyne hýda

æt Crydanbricge ðán biscope tó

écnesse, ge on lífe ge æfter lífe;

and hí eác ealra þinga gehwyrfdon

ge on cwican ceápe ge on óðrum, swá

swá hí betwihs him gerǽddon. And

ðis wæs Eádwiges leáf cyninges; and

ðis syndon ða gewitnessa. Ælfgifu

ðæs cininges wíf, and Æðelgyfu, ðæs

cyninges wífes módur, Ælfsige

biscop, Osulf biscop, Coenwald

biscop, Byrhtnóð ealdorman, Ælfheáh

cyninges discþegn, Eádríc his

bródur.”

“This is the agreement that bishop Byrhthelm and abbot Æðelwold made

about their exchange of lands: that is then, that the bishop gave the

hides at Kennington to the church at Abingdon for an eternal

inheritance; and the abbot gave the bishop the seventeen hides at

Crida’s bridge, for ever both during life and after life: and they also

exchanged every thing upon the lands, both live stock and other, as

they agreed between them. And this was by leave of king Eádwig; and

these are the witnesses: Ælfgyfu the king’s wife, and Æðelgyfu, the

king’s wife’s mother, bishop Ælfsige, bishop Oswulf, bishop Coenwald,

Byrhtnoð the ealdorman, Ælfheáh the king’s dapifer, Eádríc his

brother.”

The Latin abstract of this important document is as follows:—“Dominus

autem abbas Æðelwoldus commutationem eiusdem terrae, id est Cenintun,

concedente eodem rege, egit apud Brihtelmum episcopum. In cuius

vicissitudine ipse episcopus accepit illam villam quae appellatur

Crydanbricge. Testes autem fuerunt huius commutationis Ælfgifa regis

uxor, et Æðelgifa mater eius, Ælfsige episcopus, Osulfus episcopus,

Kenwald episcopus, et multi alii.” The date of this document is 956,

in which year Eádwig came to the throne, and therefore certainly

subsequent to the coronation, the celebrated scene of Dúnstán’s

insolence. The prelates and nobles present were Ælfsige bishop of

Winchester, Oswulf bishop of Ramsbury, Cénwald bishop of Worcester,

Byrhthelm bishop of London, Æðelwald then abbot of Abingdon and

afterwards the celebrated bishop of Winchester—the Father of the

Monks, as he was called; Byrhtnóð the ealdorman an equally decided

patron of the monastic order; Ælfheáh no less a man than the dapifer

regis, or seneschal of Eádwig’s house. This then was not a thing done

in a corner, and the testimony is conclusive that Ælfgyfu was Eádwig’s

queen. It is also beyond doubt that, in the year 958, Oda separated

Eádwig from his wife on the ground of their being too nearly related:

one of the MSS. of the Saxon Chronicle says clearly, “Her on ðissum

geare Oda arcebiscop tótwǽmde Eádwi cyning and Ælfgyfe, forðám ðe hí

wǽron tó gesybbe.” Chron. Sax. an. 958. And Florence of Worcester,

drawing from an independent authority, but evidently confused by the

slanderous tales which had been spread of Eádwig, confirms the

Chronicle, saying:—“Sanctus Odo Doruberniae archiepiscopus regem

Westsaxonum Eádwium et Ælfgivam, vel quia, ut fertur, propinqua illius

extitit, vel quia illam sub propria uxore adamavit, ab invicem

separavit.” Flor. Wig. an. 958. William of Malmesbury speaks of her as

“uxor, proxime cognata” (Gest. Reg. § 147, i. 223), but soon after

calls her _ganea_ and _pellex_ in choice monkish style. Wendover and

Paris are even more insolent in their phraseology, but still there is

the unlucky admission of a marriage:—“Huic [sc. Eádwig] quaedam mulier

inepta, licet natione praecelsa [certainly very high birth indeed if

Ælfgyfu was too near a relative of the king] cum adulta filia per

nefandum familiaritatis lenocinium adhaerebat, ut sese vel filiam suam

sub coniugali titulo sociaret.” Wendov. i. 404. They go on to

insinuate that there was an improper familiarity between the king and

both the women. With this I am not at all concerned: Eádwig may have

been a disorderly young prince, as there have been other disorderly

young princes,—as his much-belauded brother Eádgar _was_ in the

highest degree. The ladies _may_ have been more than commonly

depraved. But it may be observed that our general experience is not in

favour of a wife’s permitting her husband to be guilty of lascivious

conduct towards another woman in her presence, or of a married

daughter’s conniving at her husband’s irregularities with her own

mother. Not a word have we of this disgusting insinuation in the

Chronicle, or Florence,—himself a monk,—or Æðelweard, or Huntingdon:

and the two latter speak of Eádwig in terms very far removed from

those in which the adherents of Dúnstán’s cause have chosen to

characterize him:—“Quin successor eius Eáduuig in regnum, qui et, prae

nimia etenim pulchritudine, Pancali sortitus est nomen a vulgo

secundi. Tenuit namque quadriennio per regnum amandus.” Æðelw.

Chronic. iv. 8. “Rex autem praedictus Edwi non illaudabiliter regni

infulam tenuit. Edwi rex anno regni sui quinto cum in principio regni

eius decentissime floruerit, prospera et laetabunda exordia mors

immatura perrupit.” Hen. Hunt. lib. v. We must be excused for

preferring this sort of record to the interested exaggerations of such

biographers as Bridferð, whom the remainder of his work proves to have

been either a very weak and credulous person or a very great rogue,

or—as not unfrequently happens—perhaps both at once.

-----

The history of mediæval Europe show’s with what awful effect this

tremendous power was wielded by unscrupulous popes and prelates,

whenever it suited their purposes not to connive at marriages which,

according to their teaching, were incestuous. But amidst the striking

cases on record—the cases of kings and nobles—we look in vain for a true

measure of the misery which these prohibitions must have entailed upon

the humbler members of society, who possessed neither the influence to

compel nor the wealth to purchase dispensations from an arbitrary and

oppressive rule. The sense and feeling of mankind at once revolt against

restrictions for which neither the law of God, nor the dictates of

nature supply excuse, and which resting upon a complicated calculation

of affinity, were often the means of betraying the innocent and ignorant

into a condition of endless wretchedness. But they were invaluable

engines of extortion, and instruments of malice; they led to the

intervention of the priest with the family, in the most intolerable

form; they furnished weapons which could be used with almost

irresistible effect against those whom nothing could reach but the tears

perhaps and broken heart of a beloved companion. And therefore they were

steadily upheld till the great day of retribution came, which involved

so many traditions of superstition and error, so many engines of

oppression and fraud, in one common and undistinguishing ruin: τὰ πρὶν

δὲ πελώρια νῦν ἀϊστοῖ—things mighty indeed have perished away from the

world; but thrice blessed was the day which left us free and unshackled

to pursue the noblest and purest impulses of our human nature.

The Saxons in England, Volume 2 (of 2) A history of the English commonwealth till the period of the Norman conquest · 第 12 / 15 章