Page:Cassell's Illustrated History of England vol 1.djvu/83

1066. The fourth firmly establishes the immunities of those who in any wise depend on the Church, and ordains that they shall not be obliged to answer any plea, &c., except in the ecclesiastical court.

The fifth confirms the privilege of sanctuary to churches, and extends it even to priests' houses.

By the sixth, if any person broke in upon the privileges of the Church, he had no way of being relieved but by submitting to the sentence of the bishop.

The sixth orders the punctual payment of tithes, and sets forth what is to be paid.



The ninth determines the circumstances relating to the ordeal trial.

The twelfth settles the fine of manbote, or the sum to be paid to the lord for killing any of his vassals or slaves. The king's and the archbishop's manbote is fixed at the same sum.

By the thirteenth, all treasure found belongs to the king, unless it be found in a church or churchyard; then the gold is the king's, and the silver the Church's.

It is visible, throughout these laws, that the clergy took care of themselves, when they came in contact with devout and easy princes, or such as stood in need of their interest.

But notwithstanding the great consideration of the Saxon kings for the clergy, they could not retain the privilege of choosing their bishops and abbbots. Whilst the prelates confined themselves within the bounds of their pastoral functions, and meddled not with civil matters, the power of electing was freely left to the chapters; but when the bishops became rich and popular, and began to interpose in state affairs, by reason of the fiefs they were possessed of, it was of great consequence to the kings to have such bishops and abbots as were in their interest, or, at least, were obliged to them for their preferments. Accordingly, the kings began to interpose in elections, by way of canvassing, or recommendation, and very often by refusing to put in possession of the fiefs belonging to the church or abbey such prelates and abbots as they did not like; and, ultimately, the authority of the court prevailed so, that in the time of Ethelred II. the monks had entirely lost the privilege of choosing their abbots, as appears from Ingulphus, who says, "In those days the monks and abbots seldom resorted to court. But ever since the kings