The Chapters of Judgements and the Cummean Excerpts

From: H. J. Schmitz, Die Bussbücher und das kanonische Bussverfahren (Bussbücher II), Mainz 1898, pp. 597–646. Rendered into English; Schmitz’s manuscript sigla (α, β, γ, δ, ε, ζ, η, ι, ϰ, etc.) and his variant collations are retained in condensed form.

Here begin the chapters gathered from penitentials and canons.

Variant headings in the manuscripts:

α: The Book of Cummean the Abbot, a Scot of Ireland, on the Measure of Penances.
β: In the name of God begins the preface of the book of penances.
γ: In the name of God begins (the book) on diverse crimes.
δ: In the name of Christ begin chapters from various penitentials.
ε: Begins “On diverse crimes.”
ζ: Begins “On penance and the remission of sins.”
σ: begins with II.24.
ϰ: Here begin chapters gathered from penitentials and canons.

The Table of Chapters #

I. On the reckoning of penance, which stands in twelve degrees, and that the diversity of faults makes a diversity of penances.

(α, ε, η, ζ have no table of contents. In γ, δ, and ι the first two numbers are wanting. β has the table of the Capitula Judiciorum I, “On homicide,” etc. See above, p. 217.)

II. On the modes of penance which the fathers instituted: and how men of power may redeem themselves for criminal faults and earn indulgence, and which are the days and seasons that are not counted in penance.

III. On gluttony and drunkenness and vomiting, and what food is forbidden or permitted.

IV. On fornication and the other kinds of wantonness, and unchaste pollutions, and childish games.

V. On adultery and rape and incest and divorced wives, unlawful times of marriage, foolish vows, and him who after vowing himself to God returns to the world.

VI. On theft and arson and violators of sepulchres, and him who drives out his father, and on booty taken in war and captivity, and him who despoils martyria.

VII. On perjury, false witness, and lying.

VIII. On homicide and the shedding of blood without death, and infants overlaid, those who die without baptism, abortions, those who cut off their own members, and those who act as guides to barbarians.

IX. On evil-doers and poisoners and sacrilegious persons and soothsayers and diviners, and those who pay vows otherwise than at the church of God, and astrologers, and storm-raisers, and that on the Kalends of January they go about as little stags or old women.

X. On usury and greed and avarice, and him who does not receive guests, and him who has not fulfilled the Gospel commandments.

XI. On anger, sadness, hatred, cursing, detraction, envy.

XII. On sloth, drowsiness, and instability.

XIII. On pride, blasphemy, boasting, vainglory, heresies, contentions, disobedience, excuse-making, denunciations, reproof, and evil thoughts.

XIV. On repeated baptism and on work on the Lord’s day.

XV. On the ministry of the church and rebuilding, on the mass and various faults concerning the holy sacrifice.

XVI. On many and various evils.

The Excarpus of Cummean #

Preface: On the remedies of wounds #

The diversity of faults makes a diversity of penances. For the physicians of bodies also compound different remedies for different kinds of disease. For they treat wounds in one way, sickness in another, tumours in another, putrefaction in another, dimness of sight in another, broken limbs in another, burns in another. So therefore ought the spiritual physicians to heal by different kinds of treatment the wounds, sicknesses, faults, sorrows, diseases and infirmities of souls. But since these things belong to few — namely, to know all things thoroughly, to heal them, and to restore them to the complete state of health — and since we prophesy in part and know in part, therefore let us set forth a few things according to the traditions of the elders and according to our own partial understanding — things which pertain to the remedy of souls. And since we are about to speak of the remedies of wounds according to the definitions of the ancients, let us first, most faithful brother, impart to you the medicaments of sacred speech by way of compendium.

The first, then, is the remission by which we are baptised in water, according to that saying: “Unless a man be born again of water and the Holy Spirit, he cannot see the kingdom of God.” The second is the affection of charity, as in that saying: “Many sins are forgiven her, because she loved much.” The third is the fruit of almsgiving, according to this: “As water quenches fire, so almsgiving quenches sin.” The fourth is the shedding of tears, the Lord saying: “Because he wept in my sight and walked sorrowful before me, I will not bring evils upon him in his days.” The fifth is the confession of crimes, the psalmist witnessing: “I said, I will confess my iniquities against myself to the Lord, and you forgav the wickedness of my sin.” The sixth is affliction of heart and body, the apostle comforting: “I have delivered such a man to Satan for the destruction of the flesh, that the spirit may be saved in the day of our Lord Jesus Christ.” The seventh is the amendment of morals, that is, the renunciation of vices, the evangelist witnessing: “See, you are made whole; sin no more, lest something worse befall you.” The eighth is the intercession of the saints, as in that saying: “If anyone is sick, let him call in the presbyters of the church and let them pray over him,” and “the continual prayer of a righteous man avails much with the Lord.” The ninth is mercy and the merit of faith, as in this: “Blessed are the merciful, for they shall obtain mercy.” The tenth is the conversion and salvation of others, James confirming: “He who causes a sinner to be converted from the error of his way has saved his soul from death and covered a multitude of his own sins”; but it is better for you to be weak and lead a solitary life than to perish with many. The eleventh is our own forgiveness and remission, the Truth promising and saying: “Forgive, and it shall be forgiven you.” The twelfth is the suffering of martyrdom, the one hope of salvation granting indulgence, the Lord answering the crucified thief: “Amen I say to you, this day shall you be with me in paradise.”

These things having been set forth from the authority of the canons, it behoves you also to examine the statutes of the fathers appointed by the mouth of the Lord, according to that saying: “Ask your father and he will tell you, your elders and they will say to you,” and again, “let the cause be referred to them.” They decree, therefore, that the eight principal vices contrary to man’s salvation are to be healed by these eight contrary remedies. For it is an old proverb: contraries are healed by contraries; he who has freely committed what is unlawful ought to restrain himself while he may from what is lawful. In another place: but this is to be carefully observed in every penance — how long a person remains in his sins, with what learning he is imbued, by what passion he is assailed, with what fortitude he stands, how much he seems afflicted with tearfulness, by what necessity he was compelled to sin. For almighty God, who knows the hearts of all and has implanted diverse natures, will not weigh the weights of sins with an equal scale of penance, as is that prophetic saying: “The fitches shall not be threshed with a sledge, neither shall the cart wheel turn about upon the cummin, but the fitches shall be beaten out with a staff and the cummin with a rod; but bread shall be broken with a stick”; as is that saying: “The mighty shall suffer mighty torments.” From where a certain wise man says: “To whom more is entrusted, of him more is required.” Let therefore the priests of the Lord who preside over churches learn that a share is given them with those whose offences they have reconciled. Now what is it to reconcile an offence but this — when you have taken up the sinner, and by admonishing, exhorting and teaching have brought him to penance, have corrected him from error, have amended him from vices, and have made him such a convert that God is propitious to him — for the offence you are said to have reconciled yourself. Since therefore you are such a priest, and such is your doctrine and your speech, a share is given you of those whom you have corrected, so that their merit is your reward and their salvation is your glory. Kyrie eleison.

Chapter Two: On the modes of penance #

We read in the penitential or canons that for criminal faults penance is to be done for seven years by some, by others ten, or even twelve or fifteen; and that of these, two or three should be spent on bread and water. But it is to be known that the longer a person remains in sins, the more his penance is to be increased. Yet among some this reckoning seems heavy and arduous. Therefore others decree twelve triduans to be paid for one year on which penance on bread and water is due — and this Theodore approved. Others decree a hundred days with half a measure of bread, a measure of biscuit with salt and water, and fifty psalms each night; others, fifty superpositions with one night intervening. Again, other wise men say: for one year on bread and water, twelve biduans; for the second year, twelve times fifty psalms bending the knees; for the third year, at a chosen venerable feast a biduan, singing the psalter standing without moving; for the fourth year, naked, let him receive three hundred strokes of rods; for the fifth year, let him estimate the worth of his sustenance and give as much in alms; for the sixth year, let him redeem himself according to his worth, and out of that same price let him make restitution to him whom he wronged, and if he is not living, let him seek out his lawful heirs; for the seventh year, let him forsake all evil and do good. And he who cannot fulfil what is written in the penitential — let him choose a righteous man to fulfil it for him and redeem it at his own price or labour.

We read also that for lesser faults penance is due for one month or one week with bread and water. But he who can fulfil what is written in the penitential — it is good. For the weaker in body or mind we give this counsel: if what we have said above seems heavy to them, then for each day on which he ought to do penance on bread and water let him sing fifty psalms bending the knees, and without bending the knees seventy; and for one week let him sing three hundred psalms in order bending the knees, or if he cannot bend the knees let him sing four hundred psalms, and let him fulfil this within the church or in a secret place. Yet let the penitent himself take care that, for as long as he ought to do penance, he fulfil it by this reckoning of psalms which we have assessed; and afterwards let him refresh himself every day at the sixth hour, but abstain from flesh and wine; the other food which the Lord has given him let him take with sobriety after he has sung. And he who does not know the psalms and cannot fast, let him choose a righteous man to do this for him, and let him redeem it at his own price or labour, or for every day let him spend in alms the worth of a denarius.

Chapter II (redemption): On the rich or powerful man, how he redeems himself for criminal faults. Let him recur to the Gospel and imitate Zacchaeus, who said: “Lord, half of my goods I give to the poor,” and adds beyond this: “and if I have taken anything unjustly from anyone, I restore it fourfold.” And he merited to hear from the Lord: “This day salvation is come to this house” — that is, he received remission of all his sins. But we, according to the traditions of the fathers, discern thus: if perhaps those are not present from whom he took anything unjustly, or if his mind cannot do as the Gospel says, let him give half — considering how much he himself is assessed at — let him spend in silver in alms, and another like amount, as much as that silver is worth, let him bestow in alms of the land of the churches of God, and a third like amount, as much as that silver is worth, either let him set free men from servitude or ransom captives; and let him not repeat anything that he did unjustly from that day forth, and let him not cease to communicate the body and blood of Christ from the point at which he ceased to sin. Let him know that that sentence is joined to him which Zacchaeus merited.

But if he be of an inferior grade — that is, if a slave or a freedman seeking penance be found in such a fault that he ought to do penance according to the aforementioned number of years — and there come upon him, as often happens, weakness or some other necessity, so that he cannot keep it in full as is written in the penitential: then when he ought to do penance for one year on bread and water, let him give in alms twenty-six solidi, and let him fast one day in the week until the ninth hour, and on another always until evening, and afterwards eat what he has; and in the three forty-day fasts, of whatever he takes, let him set aside and pay the half in alms; in the second year let him give twenty solidi — and in that second year the remission of penance is from Christmas to Epiphany and from Easter to Pentecost; in the third year let him give eighteen solidi. These are the solidi from the first to the third year: sixty-two. And that is not to be left aside which the apostle says: “He who sins through the body, through the body let him make amends” — that is, by fasting, vigils, supplications and prayers to God; for it is written: “Giving no offence to any man, that the ministry of God be not blamed, but in all things let us exhibit ourselves as the ministers of God.” We read that Christ fasted, who committed no sin; likewise also the apostles after the gift of the Holy Spirit. Therefore we ought to be imitators of them whose heavenly kingdom we wish to be partakers of. For this reason we ought to add something over and above, namely fastings in each week on the fourth and sixth day from wine or cooked foods, that is from flesh. Likewise concerning continence, let him abstain from his wife on other days, as the holy canons ordained — these are the Lord’s days and solemnities and the lawful forty-day fasts and the fourth and sixth days — knowing that it is written: “He who labours more shall receive more reward.” These are the days which are not counted in penance: the Lord’s days, Christmas, the Theophany, Easter, the Ascension of the Lord, Pentecost, the feast of St John Baptist, of St Mary ever-virgin, and of the holy twelve apostles, or of St Martin, or also the venerable feast of that saint who is seen to rest in the body in that province.

Chapter Three (C. One): On the vices of gluttony and drunkenness and vomiting, and the discernment of foods, clean and unclean, and hunting #

From Theodore. If a bishop or anyone ordained has the vice of drunkenness as a habit, let him either cease or be deposed.
If a monk vomits through drunkenness, let him do penance thirty days.
If a presbyter or deacon, let him do penance forty days.
But if through weakness, or because for a long time he has abstained and it was not his habit to drink or eat much, or for joy at Christmas, or at Easter, or for some saint’s commemoration he did it, and then took no more than was decreed by the elders — it does him no harm. If a bishop has ordered it, it does no harm, unless he himself do likewise.
(From another penitential.) If a faithful layman vomits through drunkenness, let him do penance twelve days.
If a priest is made drunk through ignorance, let him do penance seven days on bread and water; if through negligence, twelve days; if through contempt, forty days.
Let deacons and monks do penance four weeks, subdeacons three, clerics two, laymen one week.
He who compels a man to get drunk for the sake of misguided kindness, let him do penance like the drunkard; if through hatred, let him be judged a homicide.
He who cannot sing psalms, being dull in tongue, let him make superposition.
He who anticipates the canonical hour and takes better things than the rest, for the sake of gluttony only, let him go without supper or do penance two days on bread and water.
He who suffers superfluous distension of the belly and the pain of satiety, one day; but if to vomiting without sickness, let him do penance seven days.
If he vomits the sacrifice, let him do penance forty days; if by reason of sickness, six days; if he cast it into the fire, let him sing a hundred psalms; but if dogs licked up such vomit, let him who vomited do penance a hundred days.
He who steals food, let him do penance forty days; if he repeats it, three forty-day periods; if a third time, a year; but if a fourth time, let him do penance in perpetual exile under another abbot.
He who eats unclean flesh or carrion or flesh torn by beasts, let him do penance forty days; if necessity compels, it is nothing; and he who from necessity eats an animal which seems unclean, or a bird or a beast, it does him no harm.
If anyone chances to touch food with an unclean hand, or a dog or a weasel(?) or an unclean animal which has eaten blood — it does no harm.
He who is polluted by blood or any uncleanness — if he who eats it does not know, it is nothing; but if he knew, let him do penance according to the measure of the pollution.
He who has drunk blood or semen, let him do penance three years.
If birds defile any liquor with their droppings, let the dung be taken from it and the water sanctified, and the food shall be clean.
If a shrew-mouse has fallen into liquor, let it be taken out and the drink sprinkled with sanctified water and taken, if it was found alive; but if found dead, let all the liquor be cast out and the vessel cleansed.
Animals which are torn by wolves or dogs are not to be eaten, unless perchance they are first killed by men while still alive; but let them be given to swine and dogs — nor a stag nor a goat, if found dead.
But birds and other animals, if they are strangled in nets, are not to be eaten by men, nor if a hawk has killed them, if they are found dead; for the four chapters of the Acts of the Apostles command us to abstain from fornication and from things strangled and from blood and from idolatry.
It is lawful to eat fishes, for they are of another nature.
It does not forbid the horse, yet it is not the custom.
It is lawful to eat the hare.
But if bees kill a man, let them also themselves be killed quickly; yet let the honey be eaten.
If swine or hens chance to eat a man’s blood, we do not think they are to be cast away, but let them be eaten.
But those which have eaten the corpses of the dead, tearing them, it is not lawful to eat their flesh until they are lean, and after the circle of a year.
Animals polluted by the coition of men are to be killed, and their flesh cast to the dogs; but what they have brought forth may be used, and let them take the hides; but where there is doubt, let them not be killed.
The sick may take food and drink at any hour when they desire or are able, if they cannot at the proper time.
He who shall have given anyone liquors in which a weasel or a dead mouse is found, let him do penance by three superpositions. He who has afterwards learned that he used such a drink, let him make a superposition.
If in flour or in any dried or pulped food or cheese or milk little beasts are found perishing — if what was about their bodies is cast out, let all the rest be taken in good faith.
If anyone has drunk blood from his teeth against his will — that is, with spittle — it is not a sin.
If anyone practises any huntings whatever — if a cleric, let him do penance one year; if a deacon, three years; if a priest, three years.
Catechumens ought not to eat with the baptised, nor gentiles.
A wife who has tasted her husband’s blood for a remedy, let her do penance forty days.
So also she who has mixed her husband’s semen into food to get more love thereby — let her do penance three years.
He who in contempt has made the enjoined fast in the church and has acted against the decrees of the elders outside the forty days, let him do penance forty days; but if in the forty days, let him do penance a year. If he has done it often and it has become a habit with him, he shall be exterminated from the church, the Lord saying: “Whoever shall scandalise one of these little ones who believe in me,” etc.
He who eats the skin or scab of his own body, or the little worms which are called lice, or drinks his own urine or eats dung — with the imposition of the bishop’s hands let him do penance a whole year on bread and water.

(Manuscript ϰ has further provisions not found in the other manuscripts: III.3. “Likewise from another penitential as above. Therefore wine or beer, against the prohibition of the Saviour’s apostle — if they had it by a vow of holiness, let them do penance forty days on bread and water; laymen, however, fifteen days.” III.9. “Likewise from another penitential as above: for drunkenness of laymen six days; of clerics two weeks; of a subdeacon two; of a deacon four; of a presbyter five; of a bishop six.”)

Chapter Four (C. Two): On fornication and the other kinds of wantonness, unchaste pollutions, and childish games #

Theodore. Bishops, presbyters and deacons committing fornication ought to be degraded and do penance at the bishop’s judgement; yet let them communicate.
Likewise another concerning sodomites. Bishops fourteen years, presbyters twelve, deacons nine, subdeacons seven, clerics seven, laymen five years — and let them never sleep with another.
A brother with a natural brother in fornication by the mingling of the flesh — fifteen years; let him abstain from all flesh.
But in addition, if he has put semen into the mouth, let him do penance seven years; others say, until the end of life.
Men fornicating between the thighs, let them do penance the first year; if repeating, two years.
Between the legs fornicating — if they are boys, two years; if men, three years. But if they turn it into a habit, let modes of penance be added at the priest’s judgement.
A man defiling himself — the first time let him do penance a hundred days; and if repeating, one year; if he is of rank, let the penance be increased. A boy of fifteen years, forty days.
He who desires in his mind to fornicate but could not — let him do penance one year, especially in the three forty-day periods.
He who is defiled through foul speech or a look, yet did not wish to fornicate bodily — twenty or forty days; but if he was violently defiled by an assault of thought, seven days.
He who is long played with by a thought, repelling it lukewarmly — one or two or more days, according as the persistence of the thought shall require.
Boys who fornicate among themselves — he judged that they be beaten.
Boys talking alone and transgressing the statutes of the elders — let them make amends by three superpositions.
Those making a simple kiss, seven superpositions; an enticing kiss without pollution, seven; with pollution without embracing, ten superpositions.
After twenty years — that is, adults committing the same — let them live forty days separated from the table and banished from the church on bread and water.
But the littlest imitating fornication and provoking one another, yet not polluted because of immaturity of age — twenty days; but if frequently, forty days.
Boys under twenty years defiling one another with their hands, if they confess before they communicate — forty days; if they repeat after penance, a hundred days; but if more frequently, let them be separated and do penance a year.
A boy oppressed by an elder under ten years, let him fast a week; if he consented, forty days.
The effeminate, let them do penance one year.
He who has been polluted willingly in sleep, let him rise and sing kneeling seven psalms; the next day on bread and water, or thirty psalms, singing at the end of each one a kneeling.
One wishing to sin as it were in sleep, or polluted without his will, let him sing fifteen psalms, and at the end of each psalm say: “O God, make haste to help me,” etc.
He who has shed seed sleeping in church, let him fast three days.
A bishop committing fornication ought to be degraded, or do penance seven or twelve years. (Repeats I.1.)
A presbyter or deacon committing natural fornication, if the monastic vow has been previously taken — three years’ penance; let him beg pardon at every hour; let him make a superposition every week, except in the fifty days. After the superposition let him use bread without measure, and a dish somewhat enriched with butter — that is, a quarter — and on the Lord’s day let him so live. On other days the measure of biscuit bread and a small dish enriched with garden herbs, a few eggs, cheese, a hemina of milk for bodily frailty, a sextarius of thin or beaten milk for thirst’s sake, and a watery drink. If he is a labourer, let him not have his bed much strewn with hay; through the three forty-day periods of the year let him add something as his strength may allow; let him always bewail his fault from his inmost heart; let him render obedience to all most willingly; after a year and a half let him take the eucharist and come to peace; let him sing psalms with the brethren, lest his soul perish wholly, fasting so long from the heavenly medicine.
If a monk placed in an inferior grade, let him indeed do penance three years, but the measure of bread shall not be made heavy; if he is a labourer, a sextarius of Roman milk and another of thin milk and water, as much as suffices for the burning of thirst, let him take.
But if a presbyter or deacon without the monk’s vow has sinned, let him do penance like a monk without grade, and afterwards let him receive his grades back.
But if a presbyter or deacon wishes to become a monk after such a sin, in a strict sentence of exile let him do penance a year and a half; yet the abbot has the power of moderating this matter, if his obedience is pleasing to God and to his abbot.

(Manuscript ϰ has further provisions not found in the other manuscripts: IV.1. “If anyone has fornicated as the sodomites did, ten years’ penance, three of these on bread and water, and let him never sleep with another.” IV.3. “If anyone has fornicated with a four-footed beast — if a cleric, two years; a subdeacon, three; a deacon, four; if a priest, five, two of them on bread and water.” IV.35. “If a male has fornicated with a male, ten years’ penance; likewise with a woman, three years; often committing fornication, six years; others judge for counsel two years.” IV.40. “If anyone, after vowing himself to the Lord, has taken secular dress, he ought not again to be received into the religious grade (nor has a woman deserved it either — much less that they should rule in the church).” IV.41. “If anyone has taken a widow before baptism and after baptism, he cannot be ordained, like the twice-married. If anyone has baptised for merit, not being ordained, he is to be cast out of the church and never ordained.” IV.42. “If a presbyter or deacon has committed fornication, let them do penance on bread and water three years. If he has sinned publicly, let him do penance publicly; if secretly, secretly. And they shall live under the hand of the bishop, and he shall put chrism on the head.”)

Chapter Five (C. Three): On adultery and rape and incest and divorced wives, unlawful times of marriage, the vice of wantonness with cattle, and him who after vowing himself to God returns to the world, and foolish vows #

If anyone has committed adultery — that is, has corrupted another’s wife or betrothed or a virgin, or a nun or one dedicated to God — laymen three years, one of them on bread and water; a cleric five years, two on bread and water; a subdeacon six, three on bread and water; a deacon and monks six years, three of them on bread and water; a presbyter ten; a bishop eleven years, five of them on bread and water.
If anyone who is a cleric or of higher grade, who had a wife and after confession or receiving the honour of the clerical state has known her again — let him know that he has committed adultery; as in the higher sentence, let each one do penance according to his order.
If anyone desires another’s wife and cannot sin with her or the woman will not receive him — if a layman, forty days; if a cleric or monk, a year’s penance, half on bread and water; if a deacon, two; a presbyter, three on bread.
If a cleric or monk, after vowing himself to God, has returned again to secular dress or taken a wife — let him do penance ten years, two of them on bread and water, and never afterwards let him be joined in wedlock. But if he will not, the holy synod or the apostolic see has separated them from the communion and table of the catholics.
Likewise also a woman, after vowing herself to God, if she has committed such a crime, shall be subject to an equal sentence.
If a presbyter or deacon has taken a strange wife, let him be deposed in the knowledge of the people.
If anyone has perpetrated adultery with her, and it has come to the knowledge of the people, let him be cast out of the church and do penance among the laity as long as he lives.
Theodore. If anyone has fornicated with his mother, let him do penance fifteen years and never change, save on the Lord’s days.
He who with his sister in this manner — let him fast fifteen years.
If anyone with cattle, let him do penance fifteen years.
If a man has consorted with his wife from behind, let him do penance forty days at first.
Or if he has consorted in the rear, let him do penance as with an animal.
Theodore. If anyone has lain with a woman in the time of the monthly course, let him do penance forty days.
Let women in the time of the monthly course not enter the church nor communicate — neither nuns nor laywomen. If they presume, let them do penance three weeks.
Theodore. Let her likewise do penance who enters the church before the cleansing of blood after child-bearing — that is, forty days.
He who has consorted in these times — twenty days. (Repeats II.13.)
Theodore. He who has consorted on the Lord’s day, three days.
He who is in marriage — in the forty-day fasts of the year and on the sabbaths and the nights of the Lord’s day and on the chief days — let him do penance two days especially before they communicate; and from the conception of seed until the time of cleansing of the blood, and in the monthly time, he ought to be continent.
Theodore. Let the twice-married do penance one year, on the fourth and sixth day, and in the three forty-day fasts let him abstain from flesh; yet let him not put away his wife.
Theodore. The thrice-married as above — that is, on the fourth or sixth day or more — let him do penance six years, on the fourth day and the sixth day, and in the forty-day fasts let him abstain from flesh; yet they shall not be separated. Basil judged this, but in the canon four years.

(From the Ancyran canons. On incests.)

If any of the ancients have been joined in incestuous union with near blood-kin before the twentieth year of their age, let them do penance ten years; when they are completed, let them begin to communicate in prayer only; after twenty years, let them be received into communion with oblation. But let their life be examined, what it was in the time of penance, and so let them obtain this humanity. But if any have abused this crime for a longer time — twenty-five years of age — having wives, if they have fallen into this crime, after doing penance twenty-five years let them be admitted to the communion of prayers, and so after another five years let them be received into full communion with oblation. But if any having wives after the fiftieth year of their age have lapsed into this, let them merit communion only at the end of life.
If anyone has committed adultery, seven years of penance being completed, let him be restored to perfection according to his former grades. (Repeats II.1.)
But women who fornicate and kill their offspring, and those who act with themselves so as to cast out what is conceived in the womb — let them do penance ten years.
From the penitential of Theodore. In the fifth generation let them be joined; in the fourth, if it is found out, let them not be separated; in the third, let them not be separated. Yet in the third degree of kinship it is not lawful to take another’s wife after his death.
Equally is a man joined in marriage to those who are his blood-kin and to the blood-kin of his wife after his wife’s death.
Two brothers also may have two sisters in marriage, and father and son a mother and daughter.
If a layman has fornicated with a widow or a girl — two years’ penance, the price of humiliation being paid to her parents. If he has no wife, if it is the will of her parents, let her be his wife — provided that both do penance five years.
If a layman has fornicated with a beast of burden — two years if he has a wife; if he has not, one year; if a cleric, two years; a deacon, three; a presbyter, five years, two of them on bread and water.
A cleric fornicating once — one year on bread and water; if he has begotten a son, seven years in exile; so also a virgin. (Repeats II.2.)
He who has put away his wife, joining himself to another — seven years with tribulation, or fifteen more lightly.
If his wife has departed from him for some reason and has returned again, let him receive her, and let her do penance one year on bread and water — or he, if he has taken another.
If anyone has gone in to his handmaid, let him sell her and do penance one year; if he has begotten a son by her, let him set her free.
An adulterous woman — four years.
A woman having coition with herself — three years.
If a woman with a woman — three years.
If a husband, or a woman having a vow of virginity, is joined to a wife — let him not afterwards put away the wife, but do penance three years.
Foolish and unbearable vows are to be broken.
A woman may not vow a vow without her husband’s leave; but if she has vowed, she may be released, and let her do penance at the priest’s judgement.
A priest, if he has kissed a woman with desire — thirty days (twenty days in most manuscripts).
If through a kiss or touching he has been defiled — forty days.
If through a thought he has shed seed — three days (seven in most manuscripts).
If a woman has married two brothers, she ought to be cast out until the day of death; but for humanity’s sake at her last end let her be reconciled with the sacraments — provided that if perchance she has recovered health, the marriage being loosed she is admitted to penance. But if a woman of this sort has died being in the union, the penance will be hard for the survivor. By this sentence both men and women ought to be bound.
Maidens who, not by the compulsion of their parents’ command but by a free judgement, have taken up the purpose and the habit of virginity, if they afterwards choose marriage, are prevaricators — even if consecration has not followed — yet they would not be defrauded of that gift if they remained in their purpose.

(Manuscript ϰ adds provisions not in the other manuscripts, among them: V.10. “If a layman has begotten a son by adultery with another’s wife, three years’ penance; let him abstain from the richer foods and from his own wife, giving besides the price of chastity to the husband of the violated woman, and so let him be joined to the altar by the priest.” V.14. “A boy of twelve years committing adultery with his mother — three years with pilgrimage.” V.21–22: scales for laymen defiling virgins with and without offspring. V.27–28: fornication with a beast of burden by grades; one penance for widow and girl above six years. V.29. “Nearness of flesh — the Greeks permit marriage as written in the Law; the Romans in the fourth degree only; in the fourth they do not dissolve the marriage once made.” V.30. “We avoid kinship: it is not lawful to take another’s wife after his death. A lawful marriage may not be separated without the consent of both. Yet one may give the other leave to enter the service of the Lord in a monastery and the other may indeed.” V.33. “When enemies have carried off a wife and he cannot recover her, he may take another — better than to fornicate. If afterwards the wife returns, he ought not to receive her if he has another; but she may take another husband.” V.51. “If anyone has renounced the world and afterwards returned to secular dress — if he is a monk and afterwards does penance, ten years; after the first three years, if he is proved in all patience, tears and prayers, the bishop may act concerning him; if he is not a monk, seven years.”)

Chapter Six (C. Four): On theft and arson and violators of sepulchres, him who drives out his father, booty in war, captivity, and him who despoils martyria #

Theodore. For ecclesiastical money stolen or plundered, let fourfold be restored; for common money, twofold.
Likewise from another. If anyone has stolen anything of the ministry of the holy church, or has negligently lost it — seven years, three of them on bread and water; and let him restore in full what he took.
If anyone has committed a theft — if a boy, forty or twenty days, as his age and the degree of his training may be.

3a. A layman one year, a cleric two years, a subdeacon three years, a deacon four years, a presbyter five years, a bishop six years.

If a layman has once committed a theft, let him restore what he stole and do penance in the three forty-day periods on bread and water. If he has done it oftener and has not wherewith to restore, two years on bread and water, and in another year the three forty-day periods, and afterwards let him be reconciled at Easter.
He who often committed theft — seven years, or as the priest judges, according as he can make amends to those he has wronged; and he ought always to be reconciled to him whom he offended and to restore according to the harm he did him, and this much shortens his penance. But if he will not or cannot, let him do penance for the appointed time throughout.
A boy of ten years eating something stolen — seven days.
He who steals food — forty days; if again, three forty-day periods; if a third time, a year; if a fourth time, let him do penance in perpetual exile under another abbot.
If a layman has led a monk into theft, either let him enter a monastery to serve God or undergo human service.
If anyone has led away a slave or any man whatever by any device into captivity, or has sent him over — three years on bread and water.
Theodore. If anyone has driven out his father or mother, he is to be judged impious or sacrilegious, and let him do penance for an equal time as long as he persisted in impiety.
Those who act as guides to barbarians — if they have burned basilicas and killed a cleric or nun or good men, and dragged innocents from the church — the guide, thirteen years.
Money which has been plundered in another province by an enemy — that is, another king being overcome — let a third part be assigned to the church or to the poor; for it was by the king’s command, and let him do penance forty days.
If anyone has burned with fire a house or a threshing-floor of anyone — two years, one of them on bread and water.

(Manuscript ϰ adds: VI.1. “If anyone has committed a capital theft — that is, of four-footed beasts, an ox or a horse or other animal — or broken into huts, or stolen in any better fortress — five years, two of them on bread and water; but he who has made theft of lesser things, three years, and what he stole let him restore if he can.” VI.10. “It is not lawful for a man to take money from his slave — what he acquired by his labour is at his will.” VI.20. “He who despoils martyria — but he said captives driven out should be ransomed — one year on bread and water, and let him give to the poor all that he drags, and two years without wine.”)

Chapter Seven (C. Five): On perjury, false witness, and lying #

If anyone has committed perjury — laymen three years; clerics five years; subdeacons six years; deacons seven years; presbyters ten years; bishops twelve years.
He who has committed perjury in a church — eleven years.
If in the hand of a bishop or presbyter or deacon, or on an altar or consecrated cross he has lied — three years; if on an unconsecrated cross — one year.
If a layman has perjured himself through greed, let him sell all his goods and give to the poor, and turning to a monastery serve God until death. But if not through greed he has run into the danger of death — three years weaponless in exile on bread and water, and two let him abstain from wine and flesh, and let him release for his own sake a slave or a free handmaid, and for two years let him do alms, and after seven years at the priest’s judgement let him communicate.
He who has been compelled by necessity — three forty-day periods.
He who leads another into perjury unknowing — seven years.
He who is led into perjury unknowing and afterwards recognises it — one year.
He who suspects that he is being led into perjury, yet swears by consent — three years.
For false witness — a layman one year, a cleric two years, a subdeacon three years, a deacon four years, a presbyter five years, a bishop six years.
If anyone has committed a falsehood — six years, three on bread and water; but he who consented to it — five years.
He who speaks false witness — let him first please his neighbour whom he has set upon his brother(?); by such a judgement let him be condemned — the judgement of a priest.
A liar through ignorance who has done no harm — let him be condemned to an hour of silence, or sing twelve psalms.
But if by design — three days of silence, or thirty psalms.
A liar for greed — let him please by generosity the man he has frustrated.

Chapter Eight (C. Six): On homicide and the shedding of blood without death, and infants overlaid, those who die without baptism, abortions, those who cut off their own members, and those who act as guides to barbarians — Ancyran canon 25 #

Those who have committed homicide voluntarily — let them submit themselves to penance continually; but near the end of life let them be held worthy of communion.
He who has committed homicide not willingly but by chance — five years.
Women who fornicate and kill their offspring, and those who act so as to cast out what is conceived in the womb — the ancient fathers ordained penance until the end of life; now it is more humanely defined — ten years.
From Theodore. If anyone has killed a monk or a cleric, let him lay aside his arms and serve God, or do penance seven years. But he who has killed a bishop or a presbyter — it is for the king’s judgement concerning him.
If a layman has killed another by meditation of hatred — if he will not lay aside arms, seven years without flesh and wine.
He who has killed a man — forty days let him abstain from the church, and afterwards do the penance written above.
He who has killed a man by the command of his lord — forty days; and he who has killed a man in public war with the king — let him fast forty days.
If through a potion or through some evil art — seven years or more.
If a mother has killed her own son — fifteen years, and let her never change save on the Lord’s day.
A poor woman — seven years.
If a woman has killed her son in the womb before forty days — one year; but if after forty days from conception, let her do penance as a homicide — three years.
From another penitential. If a cleric has committed homicide — ten years, three in exile on bread and water.
If anyone has committed homicide by chance unwillingly — five years, two of them on bread and water. (Repeats VI.1.)
If he has consented to a homicide and it has been done — seven years.
If he has wished and could not — three years.
If anyone has committed homicide — a layman three years, a cleric five years, a subdeacon six years, a deacon seven years, a presbyter ten years, a bishop twelve years.
If a layman has killed his neighbour — in exile five years.
If anyone has struck another and shed blood — forty days on bread and water; if a deacon, six months; a presbyter, one year.
Whose little child has died through negligence without baptism — three years, one of them on bread and water. (Manuscript notes add: therefore great care is needed that, if one just come from the womb seems to be hastening to its end, water be sprinkled upon it at once in the Trinity — and a woman may do this if a man is wanting.)
If laymen have overlaid their infant — one year on bread and water, and two without wine and flesh, and let them abstain from wantonness the time of penance.
If a woman has procured an abortion voluntarily — three years on bread and water. (Repeats III.23, VI.11.)
If through a quarrel by a blow he has made a man feeble or deformed — let him pay the physician’s expenses and restore his sickness(?), and half a year on bread and water. If he has not wherewith to pay — one year.
If a layman through a scandal has shed blood — let him pay him as much as the harm he did; and if he has not wherewith to pay, let him discharge his neighbour’s work as long as he is sick, and afterwards forty days on bread and water.
He who has given a blow to his neighbour and not harmed him — one or two or three forty-day periods on bread and water; if a cleric, one year or half a year.
If anyone has cut off any member of his own will — three years, one of them on bread and water.
Little boys striking one another — seven days; but youths — forty days.
If he has killed a man in vengeance for his brother — three years; if he compounds with the kin, half the space.
Those who act as guides to barbarians — three years, if indeed no slaughter of Christians has occurred; but if so, casting away their arms let them live dead to the world until death.
If anyone has killed his own slave without the knowledge of the judge — by excommunication for two years shall the shedding of blood be cleansed.
A sick and pagan infant commended to a presbyter — if it dies, let the presbyter be deposed; if it was by negligence of the parents — one year.

(Manuscript ϰ adds provisions not found elsewhere, among them: VIII.1. “If a cleric has committed homicide with a woman(?) — ten years and the rest; three of them on bread and water; afterwards let him be received in his own land if he has done penance well, proved by the witness of the bishop or priest or of him to whom he was committed, and let him satisfy the parents of him whom he killed, giving them a son’s service, saying: ‘Whatever you will, I will do for you.’ But if he has not satisfied his parents, let him never be received in his own land, but let him be a fugitive and a wanderer upon the earth.” VIII.6. “Whoever has committed homicide — if he hated him whom he killed, casting away his arms let him do penance until death on bread and water, and live to the Lord. But if afterwards he has come to know the note of perfection, let him die to the world in perpetual pilgrimage.” VIII.35. “If anyone by way of vengeance of a kinsman is a homicide — six or ten years. VIII.36. But if he wishes to pay the kinsmen the money of the estimation, the penance shall be lighter — that is, half the space.”)

Chapter Nine (C. Seven): On evil-doers, poisoners, sacrilegious persons, soothsayers, augurs, diviners, those who pay vows otherwise than at the church of God, astrologers, storm-raisers, and those who on the Kalends of January go about as little stags or old women #

(From this chapter manuscript ϰ has the same order of canons as the Darmstadt codex.)

If anyone has destroyed anyone by his sorcery — seven years, three of them on bread and water.
If anyone has been a poisoner for love and has destroyed no one — if a cleric, one year on bread and water; if a deacon, three years, one of them on bread and water; if a priest, five, two of them on bread and water; and laymen half a year — above all if anyone has deceived the child-bearing of a woman thereby, three years; let each one add to it on bread and water, lest he be guilty of homicide.
If anyone has committed sacrilege — that is, what they call augury, who worship omens by birds or has augured in any way — three years, one of them on bread and water.
If anyone has the so-called lots of the saints — which they wrongly call — or other lots, or has cast lots by any device or worshipped — three years, one of them on bread and water.
If anyone has made any divinations by soothsayers, which they call diviners — for this also is demonic — five years, three of them on bread and water.
If anyone has vowed or paid vows at trees or at springs or at corners or anywhere save at the church of God — three years, one of them on bread and water; and he who has eaten or drunk in that place — one year.
If anyone has been an astrologer and by the invocation of demons has taken away minds — five years, three of them on bread and water.
From another penitential. If anyone has been a storm-raiser — seven years, three of them on bread and water.
If anyone on the Kalends of January goes about in the “little old woman” or the “little stag” — three years; for this is demonic.
If anyone has communicated at an idol’s shrine — forty days on bread and water; and if he has done it again serving by that worship — three years.
From the Roman penitential as above. It is demonic for him who carries it(?); it is lawful to have stones or herbs without incantation.
If a woman has made divinations or devilish incantations — one year or three forty-day periods or forty days, according to the measure of the fault.
He who sacrifices to demons in small things — one year; who in great things — ten years.
If a woman has put her son or daughter upon the roof or in the oven for health’s sake — seven years.
Likewise he who has burned grain where a dead man is, for the health of the living and of the house — five years.

(From the Ancyran canon as above, no. 23.)

Those who observe auguries and auspices or dreams or any divinations after the manner of the gentiles, or introduce men of this kind into their houses in searching out some art of sorcery, or purify their houses — if they are of the clergy, let them be cast out; but if laymen, on confessing let them do penance five years according to the rules established of old.
He who has eaten sacrificed food — then has confessed — the priest ought to consider the person: at what age, or how brought up, or how it befell; and so let the priestly authority be moderated about the weak; and this in all penance and confession always entirely, in so far as God deigns to help, be kept with all diligence.

Chapter Ten (C. Eight): On usury and greed, avarice, and him who does not receive guests, and him who does not fulfil the Gospel commandments #

If anyone has exacted usury from any source — three years, one of them on bread and water. (He who persists in avarice, let him be estranged.)
Whoever does not receive guests into his house, as the Lord commands and promised the kingdoms of heaven, where he says “Come, you blessed” — for as long as he does not receive guests and does not fulfil the Gospel commandments nor washes feet nor does alms, for so long let him do penance on bread and water if he does not amend.
He who hoards superfluities against the next day through ignorance — let him bestow them on the poor; but if through contempt of those who reprove — let him be healed by alms and fasting at the priest’s judgement; but persisting in avarice, let him be estranged.
He who takes back from him who takes away what is his, against the Lord’s prohibition — let him bestow what he took back upon the needy.
A cleric having superfluities — let him give them to the poor; otherwise let him be excommunicated. But if after the time of penance in which he lived in contradiction, let him live removed in penance.
If anyone has been greedy or avaricious or proud or drunken, or has held his brother in hatred, or other things like these which are long to number — three years, and let him do alms according to his strength.

Chapter Eleven (C. Nine): On anger, sadness, hatred, cursing, detraction, envy #

He who saddens his brother justly or unjustly — let him appease his conceived rancour by satisfaction, and so afterwards pray. But if it is impossible to be received by him, let him so do penance at the priest’s judgement. But he who does not receive him — for as long as he is implacable, for so long let that homicide live on bread and water.
He who hates his brother — as long as he does not drive out the hatred, let him be on bread and water; and let him be compelled toward charity unfeigned.
A brother cursing in a rage — let him please him whom he cursed, and seven days let him do penance apart on bread and water.
He who has uttered bitterer words in fury, yet not injurious — satisfying his brother, let him make superposition; but if with pallor, redness or trembling, yet kept silence — one day on bread and water.
He who feels a commotion only in his mind — let him satisfy him who provoked him; but he who will not confess to him who provoked him — let that pestilent one be cut off from the gathering of the saints; he who repents — for as long as he was in contradiction, for so long let him do penance.
He who long keeps bitterness in his heart — let him be healed with cheerful countenance and glad heart; but if he does not quickly lay it aside, let him amend himself by fasting at the priest’s judgement. But if he repeats it, let him be cut off until, cheerful and glad on bread and water, he acknowledges his offence.
The envious man — let him satisfy him whom he envied; but if he has harmed him, let him please him by generosity and do penance.
He who for envy makes detraction or willingly hears a detractor — three days separated on bread and water. But if concerning him who is set over him, seven days — and let him serve him willingly for the rest; but as someone says: “It is not detraction to speak the truth,” according to the Gospel: “Reprove him between you and him alone first, and afterwards if he will not hear you, tell the church.”
But if a brother loving verbosity disparages him — one day or one day keeping silence; but if tale-bearing — let him sing twelve psalms.
He who disparages the health of those who receive it badly, lest others consent to them, or for the sake of confirming good by the vituperation of evil, or by mournful compassion — is to be reckoned a physician. If these three things are wanting, it is detraction — and let him sing thirty psalms in order.

(On detractions. From another penitential.)

Laymen seven days (weeks), clerics two weeks, a subdeacon three weeks, a deacon four weeks, a presbyter five weeks, a bishop six weeks.
From another penitential. If anyone keeps anger with another in his heart, let him be judged a homicide. If he will not be reconciled to his brother whom he hates — so long on bread and water until he is reconciled to him.

Chapter Twelve (C. Ten): On sloth, drowsiness and instability #

The idle man — let him be burdened with extra work.
The drowsy — let him be occupied with more watchfulness, that is, with three or seven psalms.
The empty and unstable in the dwelling of one place — let him be healed by the diligence of work.

Chapter Thirteen (C. Eleven): On pride, blasphemy, boasting, vainglory, heresy, contention, disobedience, excuse-making, denunciations, reproof and evil thoughts #

He who by pride charges others with any contempt — let him first satisfy them, then fast at the priest’s judgement.
The contentious — let him also subject himself to another’s sentence; otherwise let him be anathematised as an alien from the Lord’s kingdom.
The boaster in his benefits — let him humble himself; otherwise whatever good he has done he loses for human glory’s sake.
There is indulgence for evil thoughts if they are not fulfilled in deed and consent.
He who has presumed any novelty outside the scriptures or heresy — let him be estranged; but if he does penance, let his sentence be publicly condemned and let him convert to the faith those whom he deceived, and fast at the priest’s judgement.
But he who by design disdains to bow to any elder — let him go without supper.
The disobedient — let him remain outside the food and knock humbly until he is bidden; and for as long as he was disobedient, so long on bread and water.
The blasphemer likewise — let him be healed by like decree and let his work be cast away; let him remain on the due half-bread and water.
Accusers and accused are like persons; if the accused has denied — let them do penance together a year, in each week two days on bread and water, and a biduan at the end of each month — all the brethren being subjected and the Lord being appealed to as their judge.
Those persisting in obstinacy — a year being let go, let them be joined to the communion of the altar under the judge’s flame(?) and be left to God’s judgement. If either has confessed, as much labour as he has inflicted on the other, so much let it be multiplied to him.
He who makes an excuse to the abbot, because the rule is too little known — one day; but if knowingly — let him make superposition.
He who keeps silent about his brother’s sin which is to death — let him charge him with confidence, and for as long as he kept silent, so long on bread and water.
If he has kept silent about a small sin — let him charge him indeed, but do penance by psalms or fasting at the priest’s judgement.
He who charges others insolently — let him soothe them first and sing thirty psalms.
He who imputes a shameful sin to his brother before charging him apart — satisfying him, three days.
He who speaks alone with a woman alone or remains under the same roof at night — let him go without supper; but if after prohibition — forty days on bread and water.
If anyone has made denunciations, which is detestable — three years on bread and water.
If a layman through ignorance has communicated with heretics — let him stand among the catechumens, that is, separated from the church forty days, and in the other forty among those in the last stage of penance, and so wash away his fault. But if after the priest has preached to him not to communicate with a heretic he does it again — one year, and three forty-day periods, and three years let him abstain from flesh and wine.
If anyone has been ordained by heretics — he ought to be ordained again if he is blameless; otherwise he must be deposed.
If anyone has passed from the catholic church to heresy and afterwards returned — he cannot be ordained save after long abstinence or for great necessity. Pope Innocent asserts by the authority of the canons that such a one is not permitted to be made a cleric even after penance.
If anyone has despised the Nicene Council and keeps Easter with the Jews on the fourteenth moon — he shall be exterminated from the whole church unless he does penance before death. (Editorial note: this canon condemns that tradition once customary among the Irish which was the Quartodeciman heresy condemned by councils.)
But if anyone has prayed with such a one as with a catholic cleric — a week; but if he has neglected it — forty days the first time.
If anyone has wished to exhort their heresy and has done penance — let him likewise be exterminated, the Lord saying: “He who is not with me is against me.”
If anyone has been baptised by a heretic who has not rightly believed the Trinity — let him be baptised again.
If anyone has given or received communion from the hand of a heretic, not knowing that the catholic church forbids it — afterwards understanding, a whole year. But if he knew and neglected it and afterwards did penance — ten years. Others judge seven, and more humanely five years.
If anyone has permitted a heretic to celebrate his mass in the catholic church, not knowing — forty days; if for reverence of him — a whole year.
If for the condemnation of the catholic church and the custom of the Romans — let him be cast out of the church like a heretic unless he does penance; if he does, ten years.
If he has departed from the catholic church into a congregation of heretics and has persuaded others, and afterwards does penance — twelve years: four years outside the church, and two among the hearers, and two still outside communion. Of these it is said in the canon: in the tenth year let them receive communion or oblation.
If a bishop or an abbot has commanded his monk to sing a mass for dead heretics — it is not lawful and it is not expedient to obey him.
If it has befallen a presbyter that where he has sung a mass another has recited the names of the dead and has named heretics together with catholics — if he has perceived it after the mass, a week; if frequently — one year.
If anyone has ordered a mass for the death of a heretic, and has kept relics by him for their religion’s sake because he fasted much and knew not the difference between the catholic faith and the Quartodeciman, and afterwards has come to understand and has done penance — he ought to burn the relics with fire and do penance a year. But if he knew and neglected it — moved to penance, ten years.
If anyone has departed from the faith of God without any necessity and afterwards accepts penance with his whole soul — three years outside the church, that is among the hearers; according to the Nicene Council, seven years in the church among the penitents, and two years still outside communion.

Chapter Fourteen (C. Twelve): On repeated baptism, work on the Lord’s day, and him who fasts on the Lord’s day or despises the enjoined fast #

Those who have been baptised again in ignorance need no penance for it, save that according to the canons they cannot be ordained except for great necessity.
But those who not in ignorance are baptised again — as it were crucifying Christ again — seven years, on the fourth and sixth day and in the three forty-day periods; if it was for any vice, but if they supposed it lawful for cleansing — three years. Those baptised by an unbaptised presbyter ought to be baptised again.

(On works on the Lord’s day.)

Greeks and Romans sail and ride on Sunday; they do not make bread nor go in a carriage, save to church only, nor bathe.
Greeks do not write in public, yet for necessity they write apart in the house.
Those who work on the Lord’s day — the Greeks reprove them the first time, and the second time take something from them; the third time they take a third part of their goods, or beat them, or seven days’ penance.
A washing of the head may be on Sunday, and it is lawful to wash the feet in lye.
But if anyone has fasted on the Lord’s day through negligence — the whole week he ought to abstain; if a second time, twenty days; if afterwards, forty days.
If for the condemnation of the day he has fasted, like the Jews — let him be abominated by all catholic churches.
But if he has despised the enjoined fast in the church and has acted against the decrees of the elders outside the forty days — forty days; but if in the forty days — a year.
If he has done it often and it has become a habit with him — he shall be exterminated from the church of God, the Lord saying: “Whoever shall scandalise one of these little ones who believe in me,” etc. (Manuscript γ adds: “He who blesses an infant in place of baptism — let him fulfil a year outside the number of his penance on bread and water.”)

Chapter Fifteen (C. Thirteen): On the ministry of the church and rebuilding, and masses and various negligences concerning the holy sacrifice, and various evils #

For good things we ought to offer; for evil things by no means. (One manuscript glosses: “that is, for brotherly charity we ought to offer; for hatred by no means.”)
Presbyters are not forbidden to offer for their bishops.
He who has communicated unknowingly with one excommunicated from the church — forty days.
If anyone erring has changed anything of the sacred words, where he has noted danger — three superpositions.
If the sacrifice has fallen to the ground through negligence — let a superposition be made.
He who loses anything of the sacrifice, leaving it to be devoured by beasts — if excusably, three forty-day periods; otherwise, a year.
He who has not well kept the sacrifice and a mouse has eaten it — forty days.
He who has lost it in the church and a part has fallen and is not found — twenty days.
He who has lost his chrismal or the very sacrifice in any region so that it is not found — three forty-day periods or one year.
He who spills anything from the chalice upon the altar — when they take away the linen — six days; or if more abundantly, by seven superpositions.
If by accident the sacrifice has fallen from the hand into straw — seven days, by him from whom it fell.
But he who has poured out the chalice at the end of the solemnity of the mass — forty days.
But if anyone has neglected to take the sacrifice and does not ask, nor has any excusable cause stood forth — let him make superposition; and he who has taken the sacrifice polluted by a nocturnal vision — let him do penance in like manner.
A deacon forgetting to bring the oblation until the linen be taken away, when the names of those at rest are recited — let him do penance in like manner.
He who has committed negligence toward the sacrifice, or it has dried up and been consumed by worms and come to nothing — three forty-day periods on bread and water. If it is found whole and three worms in it — let them be burned and the ash hidden under the altar; and he who was negligent — forty days let him pay for his negligence.
If with loss of flavour the sacrifice is discoloured — let a fast of twenty days be performed; if it is clotted — seven days; he who has dipped the sacrifice, let him at once drink the water which was in the chrismal, take the sacrifice, and amend his fault for ten days alone.
If the sacrifice has fallen from the hand of the offerer to the ground and is not found — whatever is found in the place where it fell, let it be burned and the ash hidden as above; then let the priest be condemned half a year. But if the sacrifice is found, let the place be cleansed with a broom and the straw burned as above, and let the priest do penance twenty days; if it has slipped only as far as the altar — let him make superposition.
But if through negligence anything from the chalice has dripped upon the ground — let it be taken up by the tongue, let the board be scraped, and if there is no board let it be done so that it is not trodden upon; let it be consumed by fire as above — the priest, fifty days.
If a chalice has dripped upon the altar — let the minister suck up the drop, three days; if upon a linen to another, seven days; if as far as a third, eight days; if as far as the linens which the drop has touched — let him wash them three times with the chalice placed beneath and take the water of the washing, twelve days.
If at any time the chalice being washed has dripped — the first time let twelve psalms be sung by the minister.
If the priest has stumbled over the Lord’s Prayer, which is called “dangerous” — if once, fifty blows; if a second, a hundred; the third time let him make superposition.
He who has vomited the sacrifice and it is taken by dogs — one year; otherwise forty days. If on the day when he communicated the sacrifice he has vomited — if before midnight, three superpositions; if after midnight, two; if after matins, one superposition.
But if he has vomited the sacrifice — forty days; if by reason of sickness, seven days; if he cast it into the fire — a hundred psalms; but if dogs licked such vomit — a hundred days for him who vomited.
From another penitential. He who has communicated the blood unconscious — seven days.
Whoever has through ignorance communicated with one admitting a capital crime — seven days.

Chapter Sixteen (C. Fourteen): On reconciliation, and various and many evils #

He who has done many evils — that is, homicide, adultery with a woman or with a beast, or theft — let him go into a monastery and do penance until death.
If a priest has denied penance to the dying — he shall be guilty of souls, for the Lord says: “In what day soever the sinner is converted, he shall live and not die.” For true conversion can be at the last hour, since the Lord is the discerner not only of the time but of the heart — as the thief merited to be in paradise in one moment at the last hour of confession.
The sacrifice is not to be taken from the hand of a priest who cannot fulfil the prayers or the lessons according to the rite.
The Greeks communicate every Lord’s day, clerics and laymen; and those who have not communicated in three Lord’s days, let them be excommunicated, as the canons have it. The Romans likewise communicate who will; but those who will not are not excommunicated.
Greeks and Romans — let them abstain three days from women, as it is written in the Law, before the loaves of proposition.
Before the consummation of penance, penitents according to the canons ought not to communicate; but we for mercy’s sake give leave after a year or six months.
For a dead monk — let masses be performed on the day of his burial and the third day, and afterwards as long as the abbot wills.
For a good layman — on the third day or the seventh there may be a fast; for a penitent, on the thirtieth day or the seventh; and it behoves his kin to fast the seventh day and to offer an oblation at the altar, as it is read in Jesus the son of Sirach, and as they fasted for Saul the son of Israel(?); afterwards as much as the priest wills.
Women may receive the sacrifice under a black veil. Basil judged this.
Bishops may confirm in the open field.
A presbyter may perform masses; it is conceded to perform two masses on one altar in one day.
Every sacrifice corrupted by foul oldness is to be burned with fire.
Confession moreover — it is lawful for it to be made to God alone if needful. (Editorial note: when no confessor is at hand before mass, contrition for sins is then to be procured by confessing to God alone.)
Masses for dead laymen — three in the year: on the third day and the eighth day and the thirtieth day; for the Lord rose on the third day, and at the ninth hour gave up the spirit, and thirty days the sons of Israel mourned Moses.
A presbyter alone may sing a mass and consecrate a cross. (Some manuscripts add here: “If a deacon or presbyter, after receiving the levitical blessing, is found at once with his wife, let him be cast away from his office.”)
He who has taken the sacrifice after food — seven days.
He who does not communicate does not approach the altar nor the kiss; and he who has first eaten is not permitted to that kiss.
A church may be set in another place if needful, and it ought not to be consecrated again — the priest ought only to sprinkle water, and in the place of the altar a cross ought to be placed.
The timbers of a church ought not to be joined to another work, save to another church, or to be burned with fire, or for the benefit in the monastery — it is lawful to cook with them for the brethren; and such things ought not to proceed to lay works.
A presbyter, if he sings the responsories in the mass or whatever, let him not take off his cope, but reading the gospel let him lay it upon his shoulders.
He who blesses an infant in place of baptism — let him fulfil a year outside the number of his penance on bread and water. Explicit.

(Here ends the text in the Darmstadt codex and in the Windberg codex; in both, further redemption provisions are wanting, as they are also in α, β, σ, δ, ι.)

Closing Redemption Provisions (from the manuscripts) #

(Manuscript γ appends the chapter “On the modes of penance”:) He who can fulfil what is written in the penitential — it is good; and he who cannot, we give counsel: for one day on bread and water, fifty psalms bending the knees, or seventy without bending, within the church or in one place let him sing in order; and for one month on which penance on bread and water is due, twelve hundred and thirty psalms(?) ; and afterwards let him refresh himself every day at the sixth hour, save on the fourth and sixth day let him fast to the ninth hour, and abstain from flesh and wine — other food let him take after he has sung; and he who does not know the psalms — for every day let him spend a denarius’ worth in alms. For one year moreover on bread and water, alms of twenty-six solidi; in each week one day let him fast to the ninth hour and another to evening, and in the three forty-day fasts, of whatever he takes let him set aside and pay the half in alms. In the second year the remission of penance is from Christmas to Epiphany and from Easter to Pentecost. And he who cannot so do — for one year let him give in alms twenty-six solidi, for the third eighteen. But the powerful for criminal faults should do as Zacchaeus said: “Lord, half of all my goods I give to the poor; and if I have taken anything unjustly I restore it fourfold”; and if those are not here from whom he took, or his spirit cannot — as much as he himself is assessed in silver, half let him give in alms. Explicit.

(On the custom of triduan fasts — an appended treatise not belonging to the penitential, on fasting:) The custom of fasting triduan days is taken from the example of the Ninevites, who, their vices being condemned, gave themselves wholly to a three-day fast and penance and, covered with sackcloth, called the Lord to mercy beforehand.

(Manuscript ϰ ends with a chapter XVI “On the modes of penance — the quality of the elders’ inquiry”:) 1. It is to be known that the longer anyone remains in sins, the more his penance is to be increased. Some decree twelve triduans to be paid for a year — which I neither praise nor blame, but Theodore praised it. Others a hundred days with half a measure of biscuit-bread, water and salt, and fifty superpositions with one night intervening. 2. For the sick likewise, the price of a man or a handmaid for a year, or half of all that he possesses, and whatever he has defrauded to restore fourfold, as Christ the judge said. 3. Likewise elsewhere: twelve triduans with psalters fulfilled, with three hundred palms(?) through each psalter; others — a year being excused — a year’s penance, and three biduans with seven psalters fulfilled, with three hundred palms through each psalter; others excuse a year by a hundred and twenty-five psalms with genuflection through the night, with two hundred palms; a triduan is excused by a hundred psalms with genuflection through the night, two hundred and fifty palms excusing eight solidi in alms for the year — and of these psalms chiefly these: “Miserere mei Domine,” “Domine in nomine tuo,” “Miserere mei Domine, miserere mei,” “Dominus misereatur nostri,” “Domine in adjutorium meum intende.” From these psalms the psalter is fulfilled; with his glory let him trust in the Lord’s mercy, for whatever just thing he has asked, the Lord will grant to us — if we believe in the Lord’s mercy, because his compassions are many. 4. Likewise elsewhere: for one year on bread and water, twelve biduans; for the second year, twelve times fifty psalms bending the knee; for the third year, at a chosen venerable feast a biduan, singing the psalter standing unmoved; for the fourth year, naked, let him receive three hundred strokes of rods; for the fifth, let him take from his sustenance as much as it is worth, assess it and give as much in alms; for the sixth year let him redeem himself as much as he is worth, and out of that same price let him make restitution to him whom he wronged, and if he is not living let the lawful heirs do it; for the seventh year let him forsake all evil and do good. And he who cannot fulfil these things, as it is written in the penitential, and cannot fulfil what we have said above concerning the psalms — let him choose a righteous man to fulfil it for him, and let him redeem it at his own price or labour. (Explicit.)

Fourth Chapter of Schmitz’s Edition: On the criticism of the Bede–Egbert Excarpsus #

In a number of manuscripts the names of Bede and Egbert are found connected with collections of penitential canons of smaller compass. This had to arouse the question which penitential Bede and which Egbert might have authored. I have earlier set out the course and the results of the researches on this point. It was at first believed that in a double penitential “On the remedies of sins” the work had been found of which Bede was the author, until Hildenbrand showed that it consists of two penitentials which in some manuscripts are set side by side and in others are worked into one another. He in fact also found the two penitentials separately, the one under the name of Bede and the other under the name of Egbert, in the two manuscripts Cod. Fris. 111 and Cod. Ransh. 73. Thus the alleged penitentials of Bede and Egbert were recognised in their original form and in their later union.

Meanwhile not even Wasserschleben could suppress some doubt whether these penitentials under the names Bede and Egbert were really composed by these men. I have tried to show that the assumption of their authorship is untenable.

Apart from the reasons I have already adduced, the manuscript material itself speaks against the authorship of Bede and Egbert. Both Hildenbrand and Wasserschleben acknowledge that solely the connexion of Bede’s name with the preface “On the remedies of sins” was decisive for the dedication of the penitential in question to Bede. I am now of the opinion that an inference from a named preface to a following penitential is in itself not yet justified; for we have already met the names of Columban and of Cummean in connexion with a preface without the penitential canons annexed to the preface being able to be attributed to these men. One will hold back still more from such an inference when the wording of the inscription suggests a limitation of it to the preface. In the two Munich manuscripts Cod. Monac. 3851 (Aug. 151) and Cod. Monac. —

— the extract ends here in the printed text.