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CHAP. V. (Book 5)
An Account of the Churches of England.
IN the beginning of the Ninth Century, King Alfred re-establish'd the Universities, and caus'd * 1.1 the Liberal Arts and Sciences to flourish in England, inviting over the Abbot Grimbaldus, and several other Learned Men of France; but the Kings his Successors were chiefly imploy'd in Reforming the Corruptions of Manners and Discipline. In the beginning of this Century King Edward, upon the Remonstrances and Threats of the Pope, who complain'd that for Seven years the whole Country of the West-Saxons was destitute of Bishops, caus'd a Council to be assembled at Canterbury, in which Archbishop Phlegmon presided, and where several Persons were chosen to be * 1.2 Bishops in that Province, and elsewhere, who were ordain'd by Phlegmon after his Return from Rome, whither he went on purpose to give an Account to the Pope of the Proceedings of the Council, and to pacifie him. The Pope approv'd their Regulations, order'd that for the future the Churches should no longer be left vacant, and confirm'd the Primacy of the Church of Canterbury. All these Actions are attributed by several Authors to Pope Formosus, but in regard that this Pope dy'd a long while before the time of King Edward, they are rather to be ascrib'd to John the Ninth, who possess'd the See of Rome in the beginning of Edward's Reign, A. C. 904. to which this Council may be referr'd.
The same King publish'd in the year 906. divers Laws against the Disturbers of the Tran∣quility * 1.3 of the Church; against Apostates whom he condemns to death; against Clergy-men who commit Robberies or Fornication; against Incestuous Persons; against those who refuse to pay Tythes, or to keep Sundays and Fasting-days; and against Sorcerers and leud Women, who are condem∣ned to different Punishments. It's also ordain'd in that Edict, that Persons condemn'd to dy for Ca∣pital Crimes, should be permitted to make a Confession of their Sins in private to a Priest; and that those, who have been deprived of any Member for an Offence, and survive three days, should cause their Wounds to be dress'd, and receive Consolation, after having obtain'd a Licence from the Bishop.
King Ethelstan, who succeeded Edward in the year 923. in like manner caus'd certain Laws to * 1.4 be Enacted relating to Ecclesiastical Affairs, with the Advice of the Prelates, Lords, and Learned Men of his Kingdom, by which he ordain'd, That all the Lands, and even those of his own De∣means, should be liable to pay Tythes. He enjoyn'd all those, who held any Estates of him, to al∣low somewhat for the Maintenance of the Poor, and other charitable Uses: He prohibited Outrages that were done to the Churches, and again condemn'd the Sorcerers and Witches to Imprisonment, and to pay great Fines: He regulated the manner of proving the Innocence of Accused Persons, by Fire or Water-Ordeal; Forbad the keeping of Markets, or buying and selling on Sundays: And ordain'd that perjur'd Persons and false Witnesses should be depriv'd of Christian Burial. To these Laws he added divers Instructions for the Bishops, and recommended the Reading in the Monaste∣ries every Friday Fifty Psalms upon his Account.
Forasmuch as the most remarkable Circumstances of those Laws, is that which relates to the Clearing or Convicting of an Accused Person, by the Trial of Fire or Water, then commonly call'd Ordeal; and in regard that the manner of performing it is there explain'd at large; it may not be improper here to insert an Account of that passage. If any one be desirous to clear himself by Or∣deal, that is to say, by the Trial of Fire or Water, let them come to the Priest three days before he do it, who shall give him a Benediction after the usual manner; and during those three days let him eat no∣thing but Bread and Salt or Pulse; let him hear Mass every day; let him make an Oblation; let him receive the Sacrament on the day he is to undergo the Trial, If it be that of Cold Water, let him be plung'd one Fathom below the Surface of the Water. If it be that of a Hot Iron, let it be put into his Hand, and left there three days, without looking on it. If it be that of Hot Water, let it be made boyling hot, and let the Hand or Arm of the Accused Person be put into it, In all these Trials, both the Accused Person and the Accuser are to Fast, and to cause Twelve Witnesses to be present, who may take an Oath with them, and let Holy Water be sprinkled upon them. There are two Editions of these Laws, one of which is printed at large, and the other is an Abridgment of them.
King Edmund had no less Zeal for the maintaining of the Discipline of the Church, than his Predecessor Ethelstan. He held in the year 944. which was the third of his Reign, even on Easter-day, * 1.5 an Assembly of the Prelates and Lords, in which he made certain Laws relating to Chastity, and the payment of Tythes, and of the Alms-penny; as also against those who offer'd Violence to Nuns; against perjur'd Persons, and those who assisted at profane Sacrifices. In these Laws are specified the Ecclesiastical Penalties to be inflicted on the Infringers of them; viz. The privation of Christian Burial and Excommunication. The Bishops are there enjoyn'd to repair their Churches at their own Charge, and to prefer a Petition to the Prince, for the Reparation of others, and for their Ornaments. He likewise made Laws for the punishment of Murderers, and for the regulating