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Ecclesiasticall lawes made by Kinges of this Realme.
¶ A brief note of Ecclesiastical lawes ordeined by auncient kynges in this Realme.

MarginaliaEcclesiasticall lawes ordeyned by auncient kyngs of this Realme.FOr somuch 

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Ecclesiastical laws

The pre-Conquest laws excerpted in this in this section are translated from William Lambarde's Archaionomia. Lambarde's versions of these laws are based on translations made by Laurence Nowell, the antiquary. Nowell used an early twelfth-century translation of these lawcodes into Latin, the Quadripartitus. Nowell translated the Quadripartitus back into Anglo-Saxon, as he understood it. Lambarde gathered Nowell's manuscript translation together and printed them as the Archiaonomia. (See Patrick Wormald, The Making of English Law: King Alfredto the Twelfth Century [Oxford, 1999], pp. 6-7 and 260-2. For a more detailed analysis see Patrick Wormald, 'The Lambarde Problem: Eighty Years On' in Alfredthe Great: Studies in Honour of Janet Bately, ed. Jane Roberts, Janet Nelson and Malcolm Godden (Cambridge, 1997), pp. 237-75. Foxe cited these laws in anattempt to demonstrate that 'English' kings had held jurisdiction over the EnglishChurch before both were weakened and corrupted by the Papacy.Thus, while the Anglo-Saxon laws deal with multifarious criminal and economic matters, Foxe only prints those laws pertaining to the Church. Although Foxeabridges some of these laws, his translations of them are accurate.

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Thomas S. Freeman
University of Sheffield

as it is, and hath bene a persuasion lōg gendered in the heades of many, that the Byshops of Rome be the vniuersall heades of the whole militant Church of Christ in earth: and haue alwayes so continued from the begynnyng of the primitiue tyme And that no Prince, Kyng, nor Emperour in his own Realme hath any interest to intermedle with matters and lawes Ecclesiasticall, but onely the sayd Byshops of Rome: to refell and remoue that opinion out of the heades of all English men, as a thyng most false, and cōtrary both to histories of tyme, and examples of auncient kynges & gouernours of this Realme, I thought to fill vp a litle end of paper here left, with some such brief rehearsall of lawes diuised & appointed by kinges and rulers of this land, for the ordering of the Church, and causes Ecclesiasticall: to þe intent that all the world may see, the gouernement of Christes Church here in earth vnder Christ, hath not depended onely of the Pope from auncient tyme, but hath bene rather directed by such Kynges and Princes, as God here had placed vnder him to gouerne the people of this Realme of England, as foloweth here in this present table to bee noted.

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¶ A brief recapitulation, of auncient Ecclesiasticall lawes by sondry kings of this Realme ordeyned, for gouernement of the Church, before the Conquest.
Ecclesiasticall lawes of kyng Inas, or Ina. 
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This is an accurate, if condensed, translation of William Lambarde,Archianomia sive de priscis anglorum legibus libri (London, 1568), STC 15142,fos. 1r-2r.

MarginaliaEcclesiasticall lawes of K. Ina.1. FIrst king Inas who reigned in this land the yeare of our Lord. DCCxij. commaunded, that Ministers should frame their conuersation of lyfe accordyng to the forme in lawes prescribed.

2. That Infantes should be Baptised within. 30. dayes.3. Item, that no man, lay or spirituall, free or bonde, should labour vpon the Sonday.

4. Item, he established immunitie of Churches, & Sanctuarie. Also he tooke order for þe true payment of Church dueties, and of the first frutes of all that was sowē to be payd at the day of S. Martine.

Ecclesiasticall lawes of kyng Alured, or Alfred. 
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These laws are from William Lambarde, Archianomia sive de priscis anglorum legibus libri (London, 1568), STC 15142, fos. 19r, 29r-31r and 41r.

MarginaliaKynd Alluredes lawes.1. KIng Alured, after he had ordeined diuers iudiciall punishmētes for violating the holy preceptes of God commaunded by Moses, he also confirmed and enlarged the priuiledge of Sanctuary: he layd double payne vpon such as committed offences in the solemnities of certeine feastes: Also agaynst them that committed sacrilege.

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2. He made a law agaynst Priestes cōmittyng murder.

3. Also he made a law against whoredome, adultery, and fornication.

4. He appointed dayes of fastyng, and ceasing from labour.

5. Item, he set order for makyng and kepyng vowes.

Ecclesiasticall lawes of kyng Edward the Elder, and Gythrum the Dane king. 
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These laws are abridged from William Lambarde, Archianomia sive de priscis anglorum legibus libri (London, 1568), STC 15142, fos. 52r-56r.

MarginaliaKyng Edwardes lawes.1. FIrst, they agreed vpō the Sanctuary: they forbad Gentilitie 

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'Gentility' in this context means pagan (from the term 'Gentile'used in theVulgate for non-Jews).

and Paganisme: they layd punishment vpon the Clergy committyng theft, periury, or murther, fornication, or any capitall crime.

2. They punished Priests, that pretermitted their office in pronouncyng festiuall, or fastyng dayes.

3. They made a law agaynst all labour, buyng, and sellyng vpon the Sabbaoth: also for kepyng of feastes. Itē, for no execution to be done on the Sonday. Also agaynst wytches and sorcerers. &c.

Ecclesiasticall lawes of kyng Ethelstane. 
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These laws are from William Lambarde, Archiaonomia sive depriscis anglorum legibus libri (London, 1568), STC 15142, fos. 57r-58r and 60r.

MarginaliaKyng Ethelstanes lawes.1. KIng Ethelstan, who reigned the yeare of our Lord DCCCCxxiiij. 

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Athelstane reigned from 925-40, but Lambarde gives the dates of his reign as 924-940 (William Lambarde, Archiaonomia sive de priscis anglorum legibus libri [London, 1568], STC 15142, fo. 57r).

commaūded that euery village of his owne, should giue a monethly corrodie 
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A pension or allowance; see sub 'corrody' in the OED.

to a poore person.

2. That fifty Psalmes should be sōg dayly in þe Church, for the kyng &c.

3. He also ordeined punishement for witches, and sorcerers. &c.

¶ Ecclesiasticall lawes of king Edmund. 
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William Lambarde, Archiaonomia sive de priscis anglorum legibuslibri (London, 1568), STC 15142, fos. 72r, 73r and 74r.

MarginaliaK. Edmundes lawes.1. AFter kyng Ethelstan folowed kyng Edmund about the yeare of our Lord. 940, 

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Edmund reigned 940-946. Foxe is getting his dates from WilliamLambarde, Archiaonomia sive de priscis anglorum legibus libri (London, 1568),STC 15142, fo. 72r

who established and prouided lawes agaynst the vnchast lyuyng of Churchmen.

2. Item, he made lawes concernyng tythes, with first fruites of euery mans croppe, and almose money duely to be payd.

3. Item, he enacted that Byshops of their owne proper charges should repayre Churches, & should also admonish the kyng for the furnishyng of the same.

4. For periury also, and for fightyng within the Church, he set lawes and paynes.

¶ Ecclesiasticall lawes of king Edgar. 
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William Lambarde, Archiaonomia sive de priscis anglorumlegibus libri (London, 1568), STC 15142, fos. 77r-78r.

MarginaliaKyng Edgars lawes.KIng Edgar, who began his reigne about the yeare of our Lord. 959. 

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Edgar reigned 959-975. Foxe is getting his details from William Lambarde, Archiaonomia sive de priscis anglorum legibus libri (London, 1568), STC 15142, fo. 72r.

amongest other constitutions Ecclesiasticall, ordeined, that the Sonday should be kept holy from Saterday at noone till Monday in the mornyng.

2. Item, he ordeined and decreed concernyng liberties and fredomes of þe Church, for tythes also, & first frutes of corne, and paying of Peterpence.

3. Item, for holy dayes and fastyng dayes.

4. Item, that assēbles or Synodes should be kept twise euery yeare, whereat as well the Byshop of the Dioces should be present as the Ciuill Magistrate.

¶ Kyng Æthelrede. Anno. 979. 
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Ethelred II (the Unready) reigned from 978-1016. Foxe gets the date of 979 from William Lambarde, Archaionomia sive de priscis anglorum legibus libri(London, 1568), STC 15142, fo. 82r.

Marginaliakyng Ethelredes lawes.KIng Æthelrede also which succeded after Edgar, and Edward appointed diuers lawes for publicke regiment. Wherof we finde but few touchyng matters Ecclesiasticall, for tythes, lyghtes, feastes 

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See William Lambarde, Archaionomia sive de priscis anglorumlegibus libri (London, 1568), STC 15142, fo. 84r.

and nothyng els, and therfore we passe further to the lawes of Canutus. 
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This passage provides a clear statement of Foxe's purpose in printing these laws.

¶ Ecclesiasticall lawes of king Canutus. 
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See William Lambarde, Archiaonomia sive de priscis anglorumlegibus libri (London, 1568), STC 15142, fos. 98r-104r.

MarginaliaKyng Canutus lawes.CAnutus the Dane kyng began to reigne in this land in the yeare of our Lord. 1016. The sayd Canutus (as Æthelrede had done before) diuided his lawes into Ecclesiasticall and temporall.

1. That Ecclesiasticall parsons beyng accused of fightyng, murder, or any other offence, should purge them selues therof.

2. That Priests should be degraded for periury, and put in sureties of good behauiour.

3. He prayeth Priestes, that they will lyue chast, and cōmaunded other Religious.

4. He limited the degrees of Mariage.

5. Item, he cōmaunded celebration of the Sabbaoth frō Saterday at noone till Monday mornyng, as Edgar had done before, forbiddyng markets, huntynges, labours, & Court kepynges, duryng the sayd space.

6. He ordeined eche Christen man to come to the housell thrise yearely at the least: That they search and enquire after Gods law, and his commaundementes.

7. That euery Christian man vnderstand the pointes of his fayth, and that at the least hee learne perfectly the Lordes prayer, and the Creede, and that who so euer can not the same, shall be excluded from the Eucharist, & shal not be receiued to vndertake for others in baptisme.

8. That Byshops and Priestes should do theyr duties: that they cry out and warne theyr flockes whē the Wolfe commeth.

9. That at the Court of euery Shyre, the Bishop of the Dioces shall be presēt with the Shriefe, and that the one shall teache them Gods lawe, and the other mans, as ye heard in K. Edgars lawes before.

Many other lawes both Ecclesiasticall and temporall beside these were enacted by these and other kings here in England before the Conquest, but these be sufficient to giue the vnderstandyng reader to consider, how the authoritie of the Byshops of Rome, all this while, extended not so farre to prescribe lawes for gouernement of the Church, but that Kynges and Princes of the Realme, as they be now, so were then full

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