[358]. Usually for half the time, and often for three days in a week for the second half. Vide Pen. Ecgberti, Arch. Ebor. etc.
[359]. Lea, Studies in Church History, p. 245.
[360]. Thorpe, fol. ed. pp. 280, 315.
[361]. See the Penitential of Archbishop Theodore of Canterbury (A.D. 673), Thorpe, p. 278.
In the year 1139 a Council of Lateran condemned murderers of the clergy to excommunication, removable by the Pope alone (Labbé, tom. xxi. p. 530). Nevertheless we find Archbishop Richard complaining of want of protection (Petrus Blesensis, Opera, Epistola 73, Giles’s ed. i. p. 217, Oxford, 1847; also Hook, Lives of the Archbishops of Canterbury, ii. p. 577, London, 1862); and Henry II. provided lay penalties (Reeves, Hist. Eng. Law, i. p. 133; Lingard, Hist. ii. p. 193; Carte, Hist. i. p. 689; C. H. Pearson, History of England during the Early and Middle Ages, p. 511. London, 1867).
[362]. Vide Penitential of Theodore, De Temperantia Poenitentium, etc.
[363]. Penitential of Ecgberht, Archbishop of York (eighth century), Thorpe, p. 377.
“The common penance for murder” (ninth century) was seven to ten years.
[364]. J. Johnson, Laws and Canons, note E, ii. p. 11.
[365]. C. Ancyranum, c. 5, A.D. 314.