Abridgment of Ecclesiastical Laws, Introduction

Abridgment of Ecclesiastical Laws · Introduction

p. 1THE Introduction.

THE Queſtion which King Henry the Eighth did once put to both the Univerſities of this Realm,The Kings Supremacy. viz. An aliquid Authoritatis in hoc Regno Angliae Pontifici Romano de jure competat, pluſquam alii cuicunque Epiſcopo Extero? being Reſolved in the Negative, and that Reſolution ratified in the Convocation An. 1534. an Act of Parliament paſſed about two years after for the extinguiſhing of that Papal Authority in this Realm. This ſuccceded ſo well in conſequence of what the Convocation An. 1530. had before acknowledged him, viz. The Supream Head on Earth of the Church of England, that that Supremacy was likewiſe after confirmed by Act of Parliament to him, his Heirs, and Succeſſors. This is that Supremacy here tenderly touch'd at in the firſt Chapter of the enſuing Abridgment, and without which all that follows would be but inſignificant and disfigured Cyphers. When King Henry the Eighth was thus both Parliamentarily and Synodically inveſted herewith, although it was with p. 2all the Priviledges and Preheminences incident thereto, yet no more accrued to the Crown thereby, than was legally inherent in it before; yet in regard of the Uſurpations, that in divers Kings Reigns had ſucceſſively invaded the Rights of the Crown in that moſt ſplendent Jewel thereof, another Convocation in An. 1532. (to give the King as it were, Livery and Seiſin of the ſaid Supremacy) promiſed him in verbo Sacerdotii, That they would not from thenceforth Aſſemble in any Convocation or Synod without his Majeſty's Writ, nor make any Canons or Conſtitutions without his Licenſe and conſent, nor execute the ſame until they were Ratified under the Great Seal of England. All which was done without the leaſt diminution of any Archiepiſcopal or Epiſcopal Power or Priviledges, in the free exerciſe of that Eccleſiaſtical Juriſdiction which they anciently enjoyed. The whole of this Deſign being only to eject the Roman Pontifex, and annul his Uſurpation in a matter of that weighty Conſequence, to which the Crown was ſo undoubtedly Entituled: And this only in a way conſonant to that Allegiance, which every Subject without diſtinction owes to his lawful Sovereign in all matters, as well Eccleſiaſtical as Civil, within his Majeſty's Realms and Dominions;Vld. Heyl. Cypr. Angl. p. 1. whereby the Clergy as well as Laity, being all Subjects alike, might be reduced not only to their Primitive Obedience unto, but alſo to their Dependance on their own Sovereign in preference to any Forein Potentate whatever.—That the Supream Civil Power is alſo Supream Governour over all Perſons, and in all Cauſes Eccleſiaſtical, In his Caſes of Conſcience, lib. 3. ch. 3. fol. 544.is a Rule (ſays the Learned Biſhop Taylor) of ſuch great neceſſity for the conduct of Conſcience, as that it is the meaſure of determining all Queſtions concerning the Sanction of Obedience to all Eccleſiaſtical Laws, the duty of Biſhops and Prieſts to their Princes, the neceſſity of their paying Tribute, and diſcharging the burthens, and relieving the neceſſities of the Republick.Lib. 3. cap. 4. fol. 600. nu. 4. It was never known (ſays the ſame Author) in the Primitive Church, that ever any Eccleſiaſtical Law did oblige the Catholick Church; unleſs p. 3the Secular Prince did eſtabliſh it. The Nicene Canons became Laws by the Reſcript of the Emperour Conſtantine, ſays Sozomen. When the Council of Conſtantinople was finiſhed, the Fathers wrote to the Emperour Theodoſius, and petitioned Ʋt Edicto Pietatis tuae confirmetur Synodi ſententia. The confirmation of the Canon and Decrees of the great Council at Epheſus by the Emperour is to be ſeen at the end of the Acts of the Synod. And Marcian the Emperour wrote to Palladius his Prefect a Let…er, in which he teſtifies, that he made the Decrees of the Council of Chalcedon to become Laws, Ea quae de Chriſtiana fide à Sacerdotibus qui Chalcedone …convenerunt, per noſtra Praecepta Statuta ſunt, &c. Thus alſo the Fathers of the Fifth General Synod petitioned Juſtinian to confirm and eſtabliſh their Canons into a Law. The ſame Prince alſo Publiſhed a Novel, in which he commands Vim Legum obtinere Eccleſiaſticos Canones à quatuor Synodis, Nicena, Conſtantinopolitana prima, Epheſina prima & Chalcedonenſi expoſitos & confirmatos. Vid. Concil. Tolet. All which confirms it for a Truth, That even in the Primitive Church the Supremacy in matters Eccleſiaſtical was in the Supream Secular Prince.

Touching Archbiſhops, Archbiſhops, and Biſhops:our Malmesbury confeſſes, that in the Ancienter times of the Britains it was unknown where the Archbiſhoprick was: At the Council of Arles, An. 314. Silveſter the Pope is but plain Biſhop, as appears by the Nomenclature of thoſe that were at that Council. The High Title of Archbiſhop was for a long time in uſe in the Eaſtern Church, before it came into the WeſtaaSpelm. in Archaeologo.. For whereas our Beda tells us, That Auguſtine was Ordained Archbiſhop of the Engliſh Nation by Etherius Archbiſhop of Arles aforeſaid, he therein follows the mode of ſpeaking current in his own times: for Gregory the then Pope, in his ſeveral Letters written to them, affords neither of them that Title; no, not when he beſtows the Pall upon Auguſtine, and gives him the precedency and priority in reſpect of York and all other Biſhops of Britain bbBed. Eccl. Hiſt. lib. cap. 1. 27.. Yet the incomparable p. 4B. Ʋſher affirms, that they did not quite deny Archbiſhops among the Old Britains (for he proves they had ſuch;) but that all Memorials were loſt, where the Archiepiſcopal or Patriarchal Seat reſidedccD. Uſſerius, in primord. pag. 97.. For although London hath been for many Ages the Chiefeſt of Britain, and was no leſs than 1300 years ſince reputed Vetus Oppidum, and Auguſta ddAmmian. Marc. lib. 14.. yet a Modern Writer of great Learning and Authority, would have York as the more Ancient Metropolis of the Dioceſs of the Britains eePhilip. Berterius, Pithanon Diatrib. 1. c. 3. fin.; and that not only becauſe it was a Roman Colony, which London was not, as Onuphrius (contrary to ſo great and plain Authority of Tacitus) doth affirmffOnuphr. in Imperio Romana.: but alſo, for that the Emperours Palace, and Praetorium likewiſe, Tribunal or chief Seat of Judgment was there; whence by the Old Hiſtorian Spartianus it was called Civitas by way of excellencyggSpartian. in Severo. vid. Burt. Com. in Anton. pag. 83, &c.. It muſt be acknowledg'd, that the very Original of things are to us much clouded in obſcurity and uncertainty; yet he that duly conſults Antiquity, will find, That what Radulphus de Diceto writes touching the Original of Epiſcopacy and Archiepiſcopacy in Britain, ſeems to have the beſt Analogy with the truth, comparing one Antiquary with another touching that Subject. This Radulphus de Diceto was Dean of London, a very Ancient Hiſtorian, he wrote the Hiſtory of England, from A. 1147. to 1193. in a Book Entituled Imagines Hiſtoriarum; and in the Prologue to his Chronicle Abbreviations, ſays, That Auguſtine (who by Pope Gregory was ſent into England. An. 600.) after he had Converted Ethelbert King of Kent to the Chriſtian Faith, went in the year 602. to Arles, where he was Conſecrated Epiſcopus Anglorum by Etherius Archbiſhop of that place; and being returned into Britain ſent Laurentius the Preſbyter, and Petrus the Monk to Pope Gregory, giving him an account of Britains being converted to the Faith, and himſelf made Biſhop thereof: Whereupon the ſaid Gregory ſent them back into England, and with them ſeveral Divines to preach the Goſpel in this Iſle, among which the Chief were Mellitus, Juſtus, Paulinus, p. 5and Ruffinianus, by whom he alſo ſent the Pall to Auguſtine, and at the ſame time wrote him in what manner he ſhould Conſtitute Biſhops in England, and that in haec verba, viz. Per locos ſingulos 12 Epiſcopos ordines, qui tuae ſubjaceant ditioni…, quatenus Lundonienſis Civitatis Epiſcopus ſemper in poſterum à Synodo propria debeat Conſecrari, &c. Ad Eboricum vero Civitatem te volumus Epiſcopum mittere, quem ipſe judicaveris Ordinare. Ita duntaxat, ut ſi eadem Civitas cum finitimis locis Verhum Dei receperit, ipſe quoque 12. Epiſcopos ordinet, & Metropolitani honore fruatur. Quem tamen tuae Fraternitatis volumus diſpoſitioni ſubjacere. Poſt obitum vero tuum ita Epiſcopus quos ordinaverit praeſit, ut Lundonienſis Epiſcopi nullo modo ditioni ſubjaceat. Sit vero inter Lundoni & Eboricae Civitatis Epiſcopos in poſterum honoris iſta Diſtinctio, ut ipſe prior habeatur qui prius fuerit Ordinatus. Tua vero Fraternitas Epiſcopos quos ordinaveris, qui vel per Epiſcopum Eboracae fuerint Ordinati, Sacerdotes etiam totius Britanniae Subjectos habeat hhHiſt. Angl. Script. Antiq. Radulph. Abbre. Chron. Col. 435, 436.. After the receipt of theſe Orders from Pope Gregory, the Biſhops of Britain were conven'd to a Conference by Augustine, he having firſt Ordained the ſaid Laurentius as his Suffragan, the ſaid Mellitus Biſhop of London, and the ſaid Justus Biſhop of Rocheſter: About which time King Ethelbert built St. Pauls Church London, or re-edified the ſameiiBeda, l. 2. c. 3.. About this time alſo it was, viz. An. 608. that Pope Boniface obtain'd of the Emperour Phocas, That the Church of Rome ſhould be the Head of all other Churches, (That of Conſtantinople having till then aſſumed that Title) the which was after Decreed ſub Anathemate in a Council of 62 Biſhops. Afterwards the the ſaid Laurentius, Mellitus, and Juſtus, became Archbiſhops of Canterbury ſucceſſively, viz. Laurentius in An. 615. Mellitus in An. 622. and Justus in An. 626. according to the computation of the ſaid Radulphus; by the laſt of which Paulinus was Ordained Archbiſhop of York kkBed. lib. 2. cap. 9., and to which Justus Pope Boniface wrote in haec verba, viz. Authoritati beati Petri p. 6praecipientes firmamus, ut in Dorobernia Civitate ſemper in posterum Metropolitanus totius Britanniae locus habeatur, omneſque Provinciae Regni Anglorum praefati loci Metropolitanae Eccleſiae ſubjiciantur. Again, the precedency of the See of Canterbury is recorded by the ſaid Rodolphus in theſe words, viz. Sicut Cantia ſubjicitur Romae, quod ex ea fidem accepit, ita Eboricum ſubjicitur Cantuariae, quae eo Praedicatores miſit. Sicut igitur ſedes Cantuariae prima fuit in fide, prima ſit in honore. After Justus, Honorius was made Archbiſhop of Canterbury, whom Paulinus conſecrated at Lincoln; to whom Honorius Pope wrote in haec verba, viz. Cum Dorobernenſis Antistes, vel Eboracenſis de hac vita tranſierit, is qui ſupereſt habeat poteſtatem alterum ordinandi. It is Reported, That Fridona a Saxon was the first Engliſh Archbiſhop, and of the See of Canterbury in the Seventh Century, about the year 656. Fuller. Church-Hiſt. Cent. 7. p. 84. nu. 85.Bed. lib. 2. cap. 16. Si de Conſecrationibus Archiepiſcoporum Cantuar. contrarium aliquid inveneris in Authentico Libro, quam in hoc volumine reperiatur, adquieſcam in omnibus. And in the year 632. Pope Honorius wrote unto Honorius Archbiſhop of Canterbury in theſe words, viz. Tuae Juriſdictioni ſubjici praecipimus omnes Angliae Eccleſias & Regiones, & ut in Civitate Dorobernia Metropolitanus Locus & honor Archiepiſcopatus, & Caput omnium Eccleſiarum Anglorum ſemper in poſterum ſervetur.

That the Archiepiſcopal Seat at York is likewiſe of very great Antiquity, is evident by what is forementioned touching Paulinus Archbiſhop thereof above one Thouſand years ſince: Our Learned Antiquary tells us, Ex Patriis Scriptoribus, That York was adorned with an Epiſcopal Seat by Constantius; But if ſo, or if that be the truth which is recorded of Paulinus aforeſaid, how then could Faganus, ſent hither by Pope Eleut herius to King Lucius, to plant the Chriſtian Religion, be (as reported) the firſt Archbiſhop thereofllAnonym. qui de Archiepiſc. Ebor. ſcripſit. An. 1460. or how could King Lucius place there one Theodoſius, which yet is alſo affirmedmmHarriſ. deſcrip. Britan. l. 1. c. 7.? Or how could Sampſon under the ſame King be Biſhop of York? as appears by Godwin, who yet ſuſpects it, in regard that at the firſt entertainment of Chriſtianity among us, nor Hebrew, p. 7nor Greek Names of the New Teſtament were ſo riſe among the Britains; and indeed this Sampſon is more generally reſerved to ſome Ages after, till King Arthurs time. Thus the Original of things (as aforeſaid) ſeems full of obſcurity and uncertainty; yet it is moſt probable, that the firſt Biſhop of York was not till Constantines days; and we ſhall find this Biſhop at Arles, in the Council there held about the year 314. whither (as himſelf writes in his Epiſtle to Chreſtus Biſhop of Syracuſe)nnEuſeb. Eccl Hiſt. l. 10. c. 5. he ſummoned (to hear the Cauſe of the Donatists) many Biſhops from divers places.Pag. 9. In the laſt Edition of this Council, publiſhed by Jacobus Sirmondus at Paris, among other Subſcriptions thereunto, you have out of Britain theſe following, viz. See the Admir'd Selden, ad Eutichii Origines, pa. 122.Eborius Epiſcopus, de Civitate Eboracenſi, Provincia Britannia. Reſtitutus Epiſcopus, de Civitate Londinenſi, Provincia ſuperſcripta. Adelphus Epiſcopus, de Civitate Colonia Londinenſium, exinde Sacerdos Presbyter, Arminius Diaconus. From which Council at Arles it may be obſerved, (1) That York was no Archbiſhoprick at that time, as neithet indeed was Rome it ſelf. (2) That Eborius Biſhop of York at this Council takes place of Reſtitutus Biſhop of London, where (as ſome ſuppoſe) the Primacy alwaies remained, till tranſlated to Canterbury. Whether Constantine the Great (who is ſuppoſed) to have adorned York with an Epiſcopal Seat, as aforeſaid) were Born there, and not elſewhere, as ſome conceive, is not eaſily, at leaſt not expreſly proved out of the Ancients, ſays a Learned Antiquary of Late times;Burt. Com▪ on Antonin. fo. 81. yet (ſays he) That Authority ſeems to be drawn from them, which the Embaſſadours of England made uſe of, and that in the hearing of the Learned World then, both at the Council of Constance, An. 1414. as alſo at that of Baſil, An. 1431. At the Council of Constance, there being a Conteſt about Precedency between the Engliſh and French Embaſſadours, the Engliſh have theſe words, viz. Domus Regalis Angliae Sanctam Helenam, cum ſuo filio Conſtantino Magno Imperatore, nato in urbe p. 8Regia Eboracenſi, educere comperta est: The Royal Houſe of England, it is known for certain, brought forth Helena, with her Son Constantine the Great, Emperour, Born in the Royal City Eboracum. Likewiſe, the Engliſh at Baſil oppoſing the Precedency of Castile, ſay thus, viz. Conſtantium illum Magnum, qui Primus Imperator Chriſtianus (ſo are their words) Licentiam dedit per univerſum Orbem Eccleſias conſtituere, immenſa ad hoc Conferens bona, Peternae natum in Eboracenſi Civitate: That Conſtantine, who being the firſt Chriſtian Emperour, gave leave to build Churches throughout the World, was Born at Peterne in the City of York. By this they mean Bederne, a Colledge of Vicars there, ſometime ſerving the Quire, which (as alſo Christchurch) called in Ancient Charters Eccleſia Sanctae Trinitatis in Curia Regis, is verily thought to have been part of the Imperial Palace in old time; which ſeems the more probable by what Herodian writes, viz. That Severus the Emperour, and his eldeſt Son Antoninus, ſate at York about Private and Common affairs, and gave their Judgment in ordinary CauſesooHerod. Hiſt. lib. 3., as in that of Coecilia about recovery of Right of Poſſeſſion; The Reſcript or Law of which matter is to this day preſerved in the Code ppC. de Reivindicat., whereon the Learned Cuiacius of Great Britain hath made very remarkable ObſervationsqqSeld. Anaect. Angl. Brit. ib. 1. cap. 7.. This was that Septimius Severus, Emperour of Rome, and Maſter of the World, who in this Iſle breathed his laſt, and who, when he ſaw there was nothing to be expected but Death, called for the Ʋrn wherein he had appointed his Aſhes (after the Oſſilegium rrOſſilegium, or the gleaning up of his Bones.ſhould be put, and viewing it very exactly, Thou ſhalt hold (ſaid he) the Man whom the World could not contain ssDio. Caſſius Hiſt. Rom. l. 76.. No wonder then, that this City of ſo great Renown and Antiquity, was adorned with an Archiepiſcopal Seat above a Thouſand years ſince, as aforeſaid; yet it never had thoſe high Priviledges or Pterogatives which were, and are peculiar to the Archiepiſcopal See of Canterbury, whereof the Power (next under the Crown) p. 9of convening Councils and Synods is not the leaſt. Gervaſius in his Chronicle de Tempore H. 2. tells us, That RICHARDUS CANTUARIENSIS Archiepiſcopus totius ANGLIAE Primas & Apoſtolicae Sedis Legatus, Convocato Clero ANGLIAE, celebravit Concilium in Eccleſia Beati PETRI ad WESTMONASTERIUM 15. kal. Junii Dominica ante Aſcentionem Domini An. 1175. In hoc Concilio ad dextram Primatis ſedit Epiſcopus LONDONIENSIS, quia inter Epiſcopos CANTUARIENSIS Eccleſiae Suffraganeos DECONATƲS praeminet dignitate: Ad ſiniſtram ſedit Epiſcopus WINTONIENSIS, quia CANTORIS officio praecellit.

The Church when Diſdioceſan'd by Death,Guardians of the Spiritualties. Tranſlation or otherwiſe, or quaſi viduata whilſt the Biſhop is employed about Tranſmarine Negotiations in the Service of the King or Kingdom, the Law takes care to provide it a Guardian quoad Juriſdictionem Spiritualem, during ſuch vacancy of the See or remote abſence of the Biſhop, to whom Preſentations may be made, and by whom Inſtitutions, Admiſſions, &c. may be given; and this is that Eccleſiaſtical Officer, whether he be the Archbiſhop, or his Vicar General, or Deans and Chapters, in whomſoever the Office reſides, him we commonly call the Guardian of the Spiritualties. The Power and Juriſdiction of this Office in the Church is very Ancient, and was in uſe before the time of King Edward the Firſt; it doth ceaſe and determine ſo ſoon as a new Biſhop is Conſecrated to that See that was vacant, or otherwiſe Tranſlated, who needs no new Conſecration. This Eccleſiaſtical Office is in being immediately upon the vacancy of an Archiepiſcopal See, as well as when a Biſhoprick happens to be vacant. Beſide the Preſentations, Admiſſions, Inſtitutions, &c. aforeſaid, that this Officer is legally qualified for, he may alſo by force of the Act of Parliament made in the Five and twentieth year of King Henry the Eighth, grant Licenſes, Diſpenſations, Faculties, &c. which together with ſuch Inſtruments, Reſcripts, and other Writings as may be p. 10granted by virtue of the ſaid Statute, may be had, made, done, and granted under the Name and Seal of the Guardian of the Spiritualties: And in caſe he ſhall refuſe to give the ſame an effectual diſpatch, where by Law it may and ought to be granted, in every ſuch caſe the Lord Chancellor of England, or Lord Keeper of the Great Seal, upon Petition and Complaint thereof to him made, may iſſue his Majeſties Writ directed to ſuch Guardian of the Spiritualties, requiring him by virtue of the ſaid Writ, under a certain penalty therein limited by the ſaid Lord Chancellor or Lord Keeper, to grant the ſame in due form of Law; otherwiſe (and no juſt and reaſonable cauſe ſhewed for ſuch refuſal) the ſaid penalty may be incurr'd to his Majeſty, and a Commiſſion under the Great Seal iſſued to two ſuch Prelates or Spiritual perſons as ſhall be nominated by his Majeſty, impowring them by virtue of the ſaid Act to grant ſuch Licenſes, &c. as were ſo refuſed to be granted by the Guardian, &c. as aforeſaid.

The firſt thing in order to the Election of a Biſhop,Congé d'Eſlire, Election, &c. in the Vacancy of any Epiſcopal See, is (and ever hath been ſince the time of King John) the Royal Congé d'Eſlire, which being obtain'd, the Dean and Chapter proceeds to Election. It cannot legally be doubted, but that the conſent of the Dean is not only requiſite, but alſo neceſſary to the Election of a Biſhop, as appears by an Ancient Conteſt above five hundred years ſince, between the Dean and Canons of London touching the Election of Anſelme. Soon after King Stephen came to the Crown, he conven'd a Council at Westminster, vocati ſunt ad Concilium (ſays an Hiſtorian) WILLIELMVS DECANVS LVNDONIAE,Radulph. de Diceco Abbre. Chronic. de Reg. Steph. R. ſiuml & Canonici. Cum autem haberetur Tractatus de Concilio Lundonienſis Eccleſiae tunc vacantis, nec in aliquem poſſent unanimiter convenire, receſſerunt à Decano Canoni corum multi, citra conſcientiam ejus ANSELMUM Abbatem in Epiſcopum Eligentes. Canonici vero, quos Decanus habebat ſecum in Menſa diebus ſingulis, Appellaverunt, nec Regis occurrerunt offenſam. Canonici p. 11quidem alii, quia quod fecerant, tam Regi quam toto Concilio videbatur iniquum, Regis indignationem plurimam meruerunt, quorum aliqui bonis ſuis ſpoliati ſunt. The Pope afterwards having on this occaſion a ſolemn Conference with his Cardinals, Albericus Hoſtienſis Epiſcopus, quod ſequitur pronunciavit in Publicum, Quoniam Electio Canonicorum Lundonienſium citra conſcientiam & Aſſenſum Decani facta fuit, cujus eſt Officium in Eligendo Paſtore ſuo de jure primam vocem habere, Nos eam auctoritate beati Petri devocamus in irritum. So that according to this Ancient Preſident, the Election of a Biſhop may not be without the conſent of the Dean; yet this we find upon Record nigh as Ancient as the former; That where at preſent there was no Dean, there the Election of the Biſhop hath been by the Canons alone, Canonici Saresbirienſes Decanum non habentes ad praeſens, Idem de Reg. R. 1.à Rege prius impetrata Licentia, Fratrem ſuum & Concanonicum Herebertum Cantuarienſem Archidiaconum, Aſſenſu Communi ſolemniter in Epiſcopum Elegerunt. Electionem factam in Publico recitavit Walterus Praecentor: Electioni factae praebuit Rex Aſſenſum, quam & Hubertus Cantuarienſis Archiepiſcopus Auctoritate propria Confirmavit, &c. Conſonant to which method is the Act of Parliament made in the 25. of H. 8. whereby it is Enacted, That on the vacancy of every Biſhoprick, his Majeſty ſhould iſſue out his Writ of Congé d'Eſlire to the Dean and Chapter of the Church ſo vacant, enabling them to proceed to Election of another Biſhop; which Election being returned by the ſaid Dean and Chapter, and ratified by the Royal Aſſent, his Majeſty ſhould iſſue out his Writ to the Metropolitan to proceed to the Confirmation of the party Elected, and taking to himſelf two other Biſhops at leaſt, to proceed to Conſecration, in caſe he had not before been Conſecrated Biſhop of ſome other Church.

The place of Conſecration of Biſhops was anciently at Canterbury, as the Mother-Church not only of that Province, but of all England; For when in the time of p. 12R. 1. An. 1192. a Biſhop of Worcester Elect was to be Conſecrated, and Weſtminſter the place deſign'd for that ſolemnity according to the Popes Command, it was oppoſed by the Prior and Covent of Chriſt-Church in Canterbury, and at a time when the Archbiſhop thereof (whoſe preſence could not but have ſtrengthned that oppoſition) was abſent; yet the ſaid Prior inſiſting on the Priviledges and Cuſtomes of the Church of Canterbury, oppoſed the ſaid place of Conſecration, as appears by his Letter to the Biſhop of Ely, the Popes Legate, and other Biſhops of that Province, in haec verba, Reverendis in Chriſto Dominis & Fratribus W. Dei gratia Helienſi Epiſcopo Apostolicae ſedis Legato, Domini Regis Cancellario, caeteriſque Epiſcopis Cantuarienſis Eccleſiae Suffraganeis, O. Prior & Conventus Eccleſiae Chriſti Cantuariae ſalutem ab Auctore ſalutis. Chron. Gervaſ. de Temp. R. 1.Noverit Sanctitas veſtra, Nos ad ſedem Apoſtolicam appellaſſe, ne Wigornienſis Electus alias quam in Eccleſia Cantuarienſi, ſicut moris eſt, Conſecretur, & ne quis veſtrum, qui indemnitati Eccleſiae Cantuarienſis vinculo Profeſſionis providere tenemini, alias quam in eadem Eccleſi… ejus Conſecationi intereſſe praeſumat. And at a Synod held at Westminſter under P. Honorius 2. in the Reign of H. 1. An. 1126. it was Ordained, That at the Conſecration of Biſhops nothing ſhould by way of Offerings be exacted or by force required. Statuimus & Apoſtolica Authoritate Decernimus, ut in Conſecrationibus Epiſcoporum, &c. nil omnino per violentiam, niſi ſponte oblatum fuerit, penitus exigatur. Simeon. Dunelm. Hiſt. de Geſt. Reg. Angl. The like you have Decreed at another Synod held alſo at Westminster under P. Innocent. 2. in King Stephens Reign, An. 1138. Apoſtolica authoritate Sancimus, ut in Conſecrationibus Epiſcoporum ne quicquam ab Epiſcopo vel Miniſtris ejus exigatur. Hiſt. Richard. Prioris Haguſtald. de Geſt. Reg. Steph. In the year 1123. which was in the Reign of H. 1. at the Council of Three hundred Biſhops conven'd at Rome, P. Calixtus 2. being Preſident, it was Decreed, That no Biſhop ſhould be Conſecrated, unleſs he were firſt p. 13Canonically Elected. Nullus in Epiſcopum niſi Canonice Electum Conſecret, quod etſi praeſumptum fuerit, & Conſecratus & Conſecrator abſque recuperationis ſpe deponatur. dict. Sim. Dunelm. Hiſt. As that Canon was not in being, ſo the matter thereby ordained, in all probability was far from being obſerved, when Plegmundus Archbiſhop of Canterbury, whom P. Formoſus honoured with the Pall, Conſecrated no leſs than Seven Biſhops in one day, in the two and twentieth year of King Alured. Chron. Johan. Bromton, Abbatis Jornalenſis. When a Biſhop is Conſecrated, then may he Conſecrate, viz. Churches, &c. and may Ordain Deacons, &c. But it was long ſince provided by the Council of Lateran, under P. Alexander, That the Biſhop ſhould not confer Holy Orders on any that were not then, or ſpeedily to be provided with an Eccleſiaſtical Living, Epiſcopus, ſi aliquem ſine certo Titulo, de quo Neceſſaria vitae percipiat, in Diaconum vel Presbyterum Ordinaverit, tam diu ei neceſſaria ſubministret, donec ei in aliqua Eccleſia Convenientia ſtipendia militiae clericalis aſſignet, niſi talis forte, qui Ordinatur, extiterit, qui de ſua vel paterna haereditate ſubſidium vitae poſſit habere. Can. 9. And as touching the Biſhops Conſecrating of Churches, it being vulgarly ſuppoſed that there is a conſiderable piece of Superſtition therein, it cannot but be ſeaſonable here to enquire whether ſo or no, or whether the Conſecration of Churches be not truly Primitive, according to the Judgment of the Learned Dr. Heylin. To which purpoſe you have here his very words, viz. The place of Publick Worſhip is called generally (according to the ſtyle of the Ancient Fathers) by the name of the Church: For Conſecrating or ſetting apart whereof to Religious uſes, I find (ſays he) ſo great Authority in the Primitive times, as will ſufficiently free it from the guilt of Popery: Witneſs the Testimony which Pope Pius gives of his Siſter Eutorepia in an Epiſtle to Juſtus Viennenſis, An. 158. or thereabouts, for ſetting apart her own Houſe for the uſe and ſervice of the Church: Witneſs the Testimony which Metaphraſtes p. 14gives of Felix the First, touching his Conſecrating of the Houſe of Cicilia, about the year 272. And that which Damaſus gives unto Marcellinus, who ſucceeded Felix, for Conſecrating the Houſe of Lucinia for Religions uſes: Witneſs the famous Conſecration of the Temple of the Holy Martyrs in Jeruſalem, Founded by Conſtantine the Great, at which almoſt all the Biſhops in the Eaſtern parts were ſummoned and called together by the Emperours Writ: and finally (not to deſcend to the following Times) witneſs the 89th Sermon of St. Ambroſe, entituled De Dedicatione Baſilicae, Preached at the Dedication of a Church built by Vitalianus and Maianus, and the Invitation of Paulinus, another Biſhop of that Age, made by Sulpitius Severus his eſpecial Friend, Ad Baſilicam quae prorexerat, in Nomine Domini conſummabitur, Dedicandum, to be preſent at the Dedication of a Church of his Foundation. Heyl. Cyprian. Angl. p. 12.

The Decree of Faith made by the Council of Trent, was attended with no leſs than Eight Anathematiſms; the firſt whereof was againſt him that ſhall ſay, that there is no viſible Prieſthood in the New Teſtament, nor any power to Conſecrate, &c. For in the beginning of that Decree it is affirmed, That there is a viſible and external Prieſthood, in which Power is given, by Divine Inſtitution, to Conſecrate the Eucharist, &c. In which Decree the Synod doth alſo condemn thoſe who ſay all Chriſtians are Prieſts, or have equal Spiritual power, which is nothing but to confound the Eccleſiaſtical Hierarchy, which is in an Order, as an Army of Souldiers; To which Hierarchical Order do belong eſpecially Biſhops, who are Superiour to Prieſts. Therefore one of the ſaid Anathematiſms did reach thoſe who ſay,Hiſt. Counc. Trent. lib. 8. that there is not an Hierarchy inſtituted in the Catholick Church, by Divine Ordination, conſiſting of Biſhops, Prieſts, and Miniſters. The Hiſtorian of the aforeſaid Council of Trent tells us, That the Sixth of the ſaid Eight Anathematiſms was much noted in Germany, in which an Article of Faith was made of p. 15Hierarchy; which word and ſignification thereof (ſays he) is Alien, not to ſay contrary to the Holy Scriptures; and though it was ſomewhat Anciently invented, yet the Author is not known; and in caſe he were, yet (ſays he) he is an Hyperbolical Writer, not imitated in the uſe of that word by any of the Ancients: and following the ſtyle of the Primitive Church, it ought (ſays he) to be named not Hierarchy, Dict. Lib. 8.but Hierodiaconia, or Hierodoulia. But Thomas Paſſius, a Canon of Valentia, ſaid in that Council, That all doubt made of the Eccleſiaſtical Hierarchy, did proceed from groſs ignorance of Antiquity; it being a thing Notorious, that in the Church the People have alway been governed by the Clergy, and in the Clergy the Inferiours by the Superiours, until all be reduced unto one Univerſal Rector, which is the Pope of Rome; and that it was plain that the Hierarchy conſiſteth in the Eccleſiaſtical Orders, which is nothing but an holy Order of Superiours and Inferiours. But Francis Forrier, a Dominican of Portugal, at the ſame time ſaid, That Hierarchy conſiſteth in Juriſdiction, and the Council of Nice placeth it in that, when it ſpeaketh of the Biſhop of Rome, Alexandria, and Antioch, and therefore the handling of Hierarchy not to be joyned with that of Order. Others were of a Third opinion, viz. That Hierarchy was a mixture of both, viz. of Order and Juriſdiction alſo. Thus was that Learned Council divided in this high point of Hierarchy, that though they all agreed the thing, yet they could not agree wherein to fix it, whether in Order, or in Juriſdiction, or in both. Notwithſtanding it is generally agreed, That the Hierarchy of the Catholick Church is proved by the Teſtimony of all Antiquity, and by the continual uſe of the Church, and that it conſiſteth of Prelates and Miniſters, who are Ordained by Biſhops, in whom reſides the power of Conſecration, which may be a ſufficient warrant for this digreſſion. Which Conſecration, as it refers to Perſons, is done per impoſitionem manuum, except as to Virgins; for they alſo by the Pontifical Law are Conſecrable Creatures, p. 16though they be Fooliſh Virgins, yea, though they be Polluted Virgins, provided it be not per ſpontaneam & voluntariam pollutionem, and there be but putativa Virginitas in the caſe; and ſhall have not only Laureolam Virginitatis, but alſo Velum Conſecrationis, as they call it. Cajetan. in Sum. V. Virgin. conſecrat. & Leſſ. de Just. & Jur. lib. 4. c. 2. Dub. 16. & alii DD. But where the Conſecration refers to Things, as Churches, Chappels, Bells, and other things of the like ſound, there it is done per preces together with other Conſecration-ceremonies, the Epiſcopal Order therein concurring: ſo likewiſe the Conſecration of Virgins is per preces, together with other Ceremonies uſed in the Conſecration of Virgins, Cujus Signum eſt, quod in Pontificali Romano, ubi de hac Conſecratione agitur, non dicatur roganda de aliqua contaminatione, ſed de vita, conſcientia, & carnis integritate, ut notat Cajetanus. Leſſ. ubi ſup.

That which is next in view, Deans and Chapters.is ſome proſpect of Deans and Chapters; there were it ſeems in former times certain Deans, who uſurped an Authority beyond their Dignity or Function, and took upon them to exerciſe Epiſcopal Juriſdiction. Theſe were condemn'd in a Council at Lateran under Pope Alexander, by the fifth Canon of, that Council in theſe words, viz. Quoniam, quidam in quibuſdam partibus ſub pretio ſtatuuntur, qui Decani vocantur, & pro certa pecuniae quantitate Epiſcopalem Jurisdictionem exercent, praeſenti Decreto statuimus, ut qui de caetero id praeſumpſerit, Officio ſuo privetur, & Epiſcopus conferendi hoc officium poteſtatem amittat. Chron. Gervaſ. de Temp. H. 2. Anciently likewiſe there were certain Deans, which were called Decani Chriſtianitatis; one of which kind appears in an Ancient Record nigh Four hundred years ſince, relating to the Priviledges of the Priory of St. Auſtins, wherein the words to this preſent purpoſe ſic ſe habent, viz. Super Privilegiis Innocentii Papae 4. hic ſuperius ad mandatum conſervatorum, ut praetactum est, publicatis, Thomas Prior Eccleſiae Chriſti Cant. p. 17Guydo Prior S. Gregorii, & Thomas Decanus Chriſtianitatis, ejuſdem Civitatis eadem Privilegia inſpexiſſe ad certitudinem futurorum teſtati ſunt. Chron W. Thorn. de Temp. Ed. 1. An. 1293. Heretofore alſo Priors have been called Deans; ſo we find Ceolnothus or Chelnothus (in the time of King Ethelred and his Brother Alured) Dean of Canterbury to have been called, Poſtea Ceolnothus Cantuarienſis Eccleſiae Decanus, &c. ubi cum Decanus eſſet, quem nos Priorem vocamus, non modicum videre ſolebat Conventum. And again, Egelnothum, alias Ceolnothum, ejuſdem Eccleſiae Chriſti Decanum, vel Praepoſitum ſuum Decanum vocabant, quem nos poſt adventum Lanfranci Priorem appellamus. Gervaſ. Act. Pontif. Cant. And where we meet with the word Decania, as in the Hiſtory of Ranulphus Biſhop of Durham in the Conquerors time, written by Simeon the Monk, Deconatus is thereby intended, it being the Eccleſiaſtical Dignity of him, qui, in Majori Eccleſia, denis ad minus Canonicis ſive Praebendariis (ut vocant) ſub Epiſcopo praeeſt; but the DECANƲS CHRISTIANITATIS aforeſaid, ſo called per Antiquiores Anglos, is ſecundum recentiores DECANƲS RƲRALIS, quem Exteri ARCHIPRESBYTERƲM ƲICANVM vocant. De quo & de Vrbano vid. Duaren. de Sacr. Eccl. miniſt. & benef. lib. 1. cap. 8. A probable conjecture why anciently he might be called Decanus Chriſtianitatis, we may (ut mihi videtur) have from Mr. Selden, in Notis ad EADMERUM, pag. 208. Christianitas (ſays he) & ea quae ad Chriſtianitatem pertinent, paſſim apud Eadmerum atque alios illius aevi Scriptores, functionem Epiſcopalem, atque Fori ſacri actionem & adminiſtrationem, ſeu Officium Epiſcopale, ut uſitatius appellatur, denotant.—Hinc apud nos, Fora ſacra, quibus, jure nempe communi ſubnixis, aut Epiſcopi praeſunt, aut ii qui eo nomine Epiſcopos, utpote quos provocare licet, ſuſcipiunt, Curiae Chriſtianitatis etiamnum vocitantur. Gloſſar. Hiſt. Angl. Antiq. ver. Chriſtianitas. —vid. plura in Ʋrbis Cantuar. Antiq. pag. 362, 363. ubi de Decano Chriſtianitatis. But the Deans p. 18here ſpecially meant and intended, are only ſuch as with the Chapters, according to the ancient and genuine uſe thereof, are as Senatus Epiſcopi to aſſiſt the Biſhop in his Juriſdiction, Cathedral Churches being the firſt Monuments of Chriſtianity in England. So Dr. Hacket in Parliament, 1640.

The Office and Eccleſiaſtical Dignity of Archdeacons, Archdeacons.which you next meet with in this Abridgment, is of very great Antiquity. There was a ſharp Conteſt above Five hundred years ſince, in the time of King H. 2. between the Archdeacons and the Priors of Winchester and Ely, touching the Preſentation of their Biſhops Elect unto the Metropolitan in order to their Conſecration, wherein by the Interlocutory of the ſaid Metropolitan the Priors had the Victory. Hora congrua Conſecrationis instante R. Wintonienſis & R. Elyenſis Archidiaconi, cum Officiales Epiſcoporum dicantur, ad ſuum ſpectare contendebant Officium Electiones, &c. praeſentare Metropolitano: W. Wintonienſis & S. Elyenſis Priores in contrarium ſentiebant: quam enim in Eccleſiis Cathedralibus, ubi Canonici divinis mancipantur obſequiis, Decani ſibi vindicant dignitatem: hanc ſi Monachorum Conventus in Epiſcopali ſede praemineat, ſibi jure poſſunt vendicare Priores. Sed ut omnis in poſterum amputetur occaſio Litigandi, de Interlocutoria Metropolitani ſententia, &c. Wintonienſis & Elyenſis Electi…, ad Priorum ſuorum praeſentationem recepti, ad Priorum ſuorum poſtulationem Epiſcopi Conſecrati ſunt.—Radulph. de Diceto Imag. Hist. By the 25th Canon of the Council of Lateran under Pope Alexander it was Ordained, That an Archdeacon in his Viſitation ſhould not exceed the numqer of Five or Seven Horſemen for his Retinue. Chron. Gervaſ. de Temp. H. 2. And as to the Viſitation-Articles, every Biſhop and Archdeacon heretofore framed a Model thereof for themſelves; but at the Convocation in the year 1640. a Body thereof was compoſed for the publick uſe of all ſuch as exerciſed Eccleſiaſtical Juriſdiction. And by the foreſaid Canon of the Council of Lateran, it was further p. 19Ordained, That no Archdeacon in his Viſitation ſhould preſume to exact from the Clergy more than was juſtly due, Archidiaconi autem ſive Decani nullas exactiones in Presbyteros ſeu Clericos exercere praeſumant. Notwithſtanding what toleration the Law allows as to Archbiſhops, Biſhops, Archdeacons, &c. as to the number of their Retinue in their Viſitations; yet therein reſpect is ever to be had to the condition of the Churches, Perſons, and Places Viſited, as may plainly appear by the expreſs words of the Canon aforeſaid, viz. Sane quod de numero evectionis ſecundum tolerantiam dictum eſt, in illis Locis poterit obſervari, in quibus ampliores ſunt redditus & Eccleſiaſticae facultates. In pauperibus autem Locis tantam volumus teneri menſuram, ut ex acc…ſſu majorum minores non debeant gravari, ne ſub tali indulgentia illi qui paucioribus Equis uti ſolebant hactenus, plurium ſibi credant poteſtatem indultam. So that no Archdeacon or other having Right of Viſitation, ought by what the Law allows them in that caſe, to exerciſe their power in this matter, beyond what the condition of the place Viſited will reaſonably admit.

In all Viſitations of Parochial Churches,Procurations. made by Biſhops and Archdeacons, the Law hath provided that the Charge thereof ſhould be anſwered by the Procurations then due and payable by the Inferiour Clergy, wherein Cuſtome as to the Quantum ſhall prevail; but the undue Demands and ſupernumerary Attendants of Viſitors have Anciently as well as in Later times, given the occaſion of frequent Conteſts and Complaints: For prevention whereof it was Ordained by the 25th Canon of the Council of Lateran under Pope Alexander, circa An. 1179. in haec verba, viz. Cum quidam Fratrum & Coepiſcoporum noſtrorum ita graves in Procurationibus ſubditis ſuis exiſtunt, ut pro hujuſmodi cauſa interdum ipſa Eccleſiaſtica Ornamenta ſubditi compellantur exponere, & longi temporis victum brevis hora conſumat. Quocirca ſtatuimus, Quod Archiepiſcopi Parochias Viſitantes, pro diverſitate Provinciarum & p. 20facultatibus Eccleſiarum 40 vel 50 evectionis Numerum, Epiſcopi 20 vel 30, Cardinales vero 20 vel 25 nequaquam excedunt. Archidiaconi vero Quinque aut Septem, Decani Conſtituti ſub Epiſcopis, Duobus Equis contenti exiſtant. Prohibemus etiam, ne ſubditos ſuos talliis & exactionibus Epiſcopi gravare praeſumant. Archidiaconi autem, ſive Decani nullas exactiones, vel tallias in Presbyteros, ſeu Clericos exercere praeſumant. vid. Chron. Gervaſ. de Temp. H. 2. col. 1455. can. 25. whereby it is evident, that theſe Procurations ought to be ſo moderated by the Biſhops, as that they may not become a burthen or grievance to the Clergy. The lawfulneſs of theſe Epiſcopal and Archidiaconal Rights of Procurations are not to be called into queſtion at this day; for in all the Eſtabliſhments and Ordinations of Vicarages upon the Ancient Appropriations of Churches, you ſhall find theſe Procurations excepted, and reſerved in ſtatu Quo: As appears by theſe of Feverſham and Middleton, when by William the Conqueror they were Appropriated to the Abbey of St. Auſtins; as alſo by theſe of Wivelsberg, Stone, and Brocland in Kent, when they were Appropriated to the ſame Abbey by the Charter of King Ed. 3. and in that of the Pariſh of Stone aforeſaid, Pentecoſtals by name are reſerved, in theſe words, Nihilominus ſolvet Procurationem debitam Archidiacono Cantuarienſi Viſitanti, & expenſas pro Pentecoſtalibus faciendis.—vid. Chron. W. Thorne, Appropria. Eccleſ. col. 2089. Hiſt. Angl. What Procurations the Archbiſhop of Meſſena, who arrived in England as the Popes Legate in the year 1261. exacted and extorted from the Biſhops and Abbots with great violence in the Reign of King▪ H. 3. you may find in Matthew Paris. But by the Fourth Canon of the Council at Rome under Pope Alex. 3. An. 1180. it was Ordained, That Biſhops and Archbiſhops in their Viſitations ſhould not overcharge the Church of their Bounds, with unneceſſary charges and expences, ſpecially the Churches that are poor.

p. 21No ſooner had Princes in Ancient times aſſign'd and limited certain Matters and Cauſes controverſal to the cognizance of Biſhops,Dioceſan Chancellors. and to that end dignified the Epiſcopal Order with an Eccleſiaſtical Juriſdiction; but the multiplicity and emergency of ſuch affairs requir'd, for the diſpatch and management thereof, the aſſiſtance of ſuch ſubordinate Ordinaries, as being experienc'd in the Laws adapted to the nature of ſuch Cauſes, might prove a ſufficient Expedient to prevent the avocation of Biſhops, by reaſon of ſuch Litigious interpoſitions, from the diſcharge of the more weighty Concerns of that Sacred Function. Hence it is ſuppoſed, that the Eccleſiaſtical Office of Dioceſan Chancellors, Commiſſaries, and Officials originally came into uſe and practice, the place of their Seſſion anciently ſtyled the Biſhops Conſiſtory. Among the many Learned Eccleſiedicts, who have ſupplied that Eccleſiaſtical place, William Lindwood (who finiſhed his induſtrious and uſeful work of the Provincial Conſtitutions about the year 1433. in the time of K. Henry the Sixth) ſeems to be of the higheſt Renown; his Education was in the Univerſity of Cambridge, firſt Scholar of Gonvil, then Fellow of Pembrook-hall; his younger years he employed in the ſtudy of the Imperial and Canon Laws; afterwards became Keeper of the Privy Seal unto King Henry the Fifth, by whom he was honoured with an Embaſſie to the Crowns of Spain and Portugal. After the Kings death he reaſſum'd his Officials place of Canterbury, and then collected the Conſtitutions of the Fourteen later Archbiſhops of Canterbury, from Stephen Langton unto Henry Chichley, unto whom he dedicated that highly to be eſteemed Work, his Gloſs thereon, being in it ſelf as a Canonical Magazine, or the Key which opens the Magazine of the whole Canon Law. It was printed at Paris, An. 1505. at the coſt and charges of William Bretton Merchant of London, reviſed by the care of Wolfangus Hippolitus, and Prefaced unto by Jodocus Badius. This Famous Lindwood was afterwards made Biſhop of St. Davids.

p. 22By the Grant of William the Conqueror the Biſhops originally had an entire Juriſdiction to judge all Cauſes relating to Religion,Courts Eccleſiaſtical. for before that time the Sheriff and Biſhop kept their Court together. He granted alſo to the Clergy Tithes of Calves, Colts, Lambs, Woods, Mills, &c. So that before the Conqueſt there were no ſuch Courts in England as we now call Courts Eccleſiastical or Spiritual, for Anciently the Biſhops ſate in Judgment together with the Secular Judges and Sheriffs on the ſame Tribunal, ſpecially about Eaſter and Michalmaſs; which appears by Mr. Selden in his Notes on Eadmerus, pag. 167. as alſo by the Laws of King Aethelſtane, Debent Epiſcopi cum Seculi Judicibus intereſſe Judiciis, ne permittant ſi poſſint, ut illinc aliqua pravitatum germina pullulaverint; & Sacerdotibus pertinet in ſua Diocoeſi, ut ad rectum ſedulo quemcunque juvent, nec patiantur ſi poſſint, ut Christianus aliquis alii noceat, &c. Chron. Jo. Bromton. de Leg. Aethelſt. Reg. And in the Preamble to the Laws of that King you will find theſe words, viz. Debet etiam Epiſcopus ſedulo pacem & concordiam operari cum Seculi Judicibus. Yea, long after the Conquest, in the Reign of H. 2. An. 1164. by his Laws made at Clarendon the Biſhops might intereſt themſelves with the Kings Secular Judges, where the matter in Judgment extended not to diminution of Members, or were Capital. An. 1164. Congregati ſunt Praeſules & Proceres Anglicani regni apud Clarendoniam. Rex igitur Henricus, &c. Then it follows in Lege undecima, viz. Archiepiſcopi & Epiſcopi, &c. ſicut Barones caeteri debent intereſſe Judiciis Curiae Regis cum Baronibus, uſque perveniatur in Judicio ad diminutionem Membrorum, vel ad mortem. Notwithſtanding, at the ſame time the Biſhops Eccleſiaſtical Courts, as alſo the Archdeacons Courts, were eſtabliſhed in this Kingdom, and further ratified and confirmed by theſe very Laws of King H. 2. made at Clarendon, as appears by the Tenth Law, and that immediately foregoing the Premiſſes, in haec verba, viz. Qui de Civitate, vel Caſtello, vel Burgo, vel dominico manerio p. 23Domini Regis fuerit, ſi ab Archidiacono vel Epiſcopo de aliquo delicto Citatus fuerit, unde debeat eis Reſpondere, & ad Citationes eorum noluerit ſatisfacere, bene licet eum ſub Interdicto ponere, ſed non debet, &c. & exinde poterit Epiſcopus ipſum Accuſatum Eccleſiaſtica Juſtitia coercere. Chron. Gervaſ. de Temp. H. 2. In thoſe daies there was no occaſion for that juſt Complaint, which a Learned Pen (as a Modern Author obſerves) makes, viz. That Courts which ſhould distribute Peace, do themſelves practice Duells, whilſt it is counted the part of a Reſolute Judge to enlarge the Priviledge of his Court. Lord Bacon in his Advanc. of Learn. p. 463. Aphor. 96.—It was with more moderation expreſſed by him who ſaid, It was ſad, when Courts that are Judges, become Plaintiffs and Defendants touching the Bounds of their Juriſdiction. In the firſt Parliament of King Edward the Sixth's Reign it was Enacted, That all Proceſs out of the Eccleſiaſtical Courts ſhould from thenceforth be iſſued in the Kings Name only, and under the Kings Seal of Arms contrary to the uſage of former Times. But this Statute being Repealed by Queen Mary, and not Revived by Queen Elizabeth, the Biſhops and their Chancellors, Commiſſaries, and Officials, have ever ſince exerciſed all manner of Eccleſiaſtical Juriſdiction in their own Names, and under the diſtinct Seals of their ſeveral Offices reſpectively. Alſo by the Statute of 25 H. 8. c. 19. it being Enacted, That all former Canons and Conſtitutions, not contrary to the Word of God, the Kings Prerogative, or the Laws and Statutes of this Realm, ſhould remain in force, until they were review'd by Thirty two Commiſſioners, to be appointed by the King, and that Review being never made in that Kings time, nor any thing done therein by King Ed. 6. (though he had alſo an Act of Parliament to the ſame effect) the ſaid Ancient Canons and Conſtitutions remain'd in force as before they were; whereby all Cauſes Teſtamentary, Matrimonial, Tithes, Incontinency, Notorious Crimes of Publick Scandal, Wilful abſence from Divine Service, Irreverence, and other Miſdemeanours p. 24in or relating to the Church, &c. not puniſhable by the Temporal Laws of this Realm, were ſtill reſerved unto the Eccleſiaſtical Courts, as a ſtanding Rule whereby they were to proceed and regulate the Exerciſe of their Juriſdiction. Vid. Heyl. ubi ſupr. p. 2, 3. Touching the Eccleſiaſtical Juriſdiction, and what Matters and Cauſes ſhould be cognizable in the Eccleſiaſtical Courts of Normandy in the Reign of King Richard the Firſt, upon occaſion of a Conteſt inter Eccleſiam ROTHOMAGENSEM & WILLIELMUM Filium RADULFI, Steward of Normandy, it was nigh Five hundred years ſince finally Accorded, Publiſhed, & (inter alia) Declared by all the Clergy, That all Perjuries and Breach of Faith (except in caſe of National Leagues,) all Controverſies relating to Dowries and Donations propter Nuptias (quoad Mobilia) ſhould be heard and determined in the Eccleſiaſtical Court; it was then alſo ſo many hundred years ſince further Reſolved in haec verba, viz. Quod diſtributio eorum quae in Teſtamento relinquuntur, auctoritate Eccleſiae fiet, nec Decima pars (ut olim) ſubtrahetur: It was likewiſe at the ſame time and ſo long ſince further Reſolved, That Si quis ſubitanea morte, vel quolibet alio Fortuito Caſu praeoccupatus fuerit, ut de rebus ſuis diſponere non poſſit, Diſtributio Bonorum ejus Eccleſiaſtica auctoritate fiet.—Radulph. de Diceto. Hiſt. de Temp. Rich. 1. Regis.

Of all the Churches in Great Britain, Churches and Chappels.that of Saint Pauls London is of the largeſt ſtructure, if not of the higheſt Antiquity: Some will have it in Ancient times to have been the Temple of Diana, but the Ingenious Commentator on Antoninus's Itinerary, pag. 169.though he will admit that Diana was indeed worſhipped here in the Roman times, and had Temples here alſo, yet he will not agree it other than a Tradition to aſſert, That St. Pauls Church was formerly a Temple of Diana; and is free to conjecture, that Mr. Selden did but ſport his Wit, and was not in good earneſt, when he imagined that London might be called firſt Lhan Dien, that is, p. 25the Temple of Diana aaClariſ. Seld. illuſt. in Polyol. magni Poetae Angl. Cant. 8.Song 8. The ſame may be ſaid concerning the Temple of Apollo, on the Ruines of which, the report is, St. Peters in Weſtminſter was foundedbbGuil. Stephanides Deſcript. Lond.. The Antiquary will alſo have it, That at York was Bellona's Temple; and Minerva's Temple at Bath, and that from her the Town was called Caer Palladour, that is, the City of Palladian watersccSpartian. Hiſt▪. They that will have the Church of Rome to be Caput Eccleſiarum, do aſcribe it to Pope Boniface, that he obtain'd it of the Emperour Focas, becauſe the Church of Conſtantinople writ her ſelf Primam omnium Eccleſiarum: This was ſo Decreed in the year 608. by a Council of 62 Biſhops ſub Anathemata ddRad. de Diceto Abbr. Chron.. At a Synod held at Weſtminſter under Pope Innocent 2. in the Third year of King Stephen An. D. 1138. it was Decreed, That no Church ſhould be built without Leave firſt obtained from the Biſhop of the Dioceſs, Apoſtolica authoritate prohibemus, ne quis abſque Licentia Epiſcopi ſui Eccleſiam vel Oratorium conſtituat eeHiſt. Ri. Prioris Hagulſtad. de Geſt. R. Steph.. By the Fifth Law of Ina King of the Weſt Saxons the Church is made a Sanctuary, Si quis ſit mortis Reus, & ad Eccleſiam fugiat, vitam habeat, & emendet ſicut rectum conſulet ffL. 5. Inae R.. At a Synod held at Weſtminster in the Reign of H. 2. An. 1175. it was ordained then no Judgments touching Blood or Corporal puniſhment ſhould be given in a Church or Churchyard; by the Sixth Canon made at that Synod, Seculares Cauſas, in quibus de ſanguinis effuſione, vel de poena Corporali agitur, in Eccleſiis, vel in Coemiteriis agitari ſub interminatione anathematis prohibemus ggChron. G…rvaſ. de Temp. H. 2.. By the Fifth Canon made at a Synod held in London during the Reign of Edmond, Father of Edwin and Edgar, who ſucceeded Aethelſtan, at which Synod were preſent Odo and Wulstan Archbiſhops, proviſion was for the Repairing of Churches, viz. Ʋt omnis Epiſcopus reficiat Dei domos in ſuo proprio, & Regem ammoneat, ut omnes Eccleſiae Dei ſint bene paratae hhChron. Jo. Brampton de LI. Edm. Reg.. The like you have in the 92 Law of King Kanute, Ad refectionem Eccleſiae debet omnis populus ſecundum Legem ſubvenire iiIdem de Legib. K…nuti Reg.. At a General Council held at Rhemes under Pope Calixtus, p. 26An. 1119. during the Reign of H. 1. it was Ordained, That whoever invaded the poſſeſſions of the Church ſhould be Anathematiz'd; Ʋniverſas Eccleſiarum poſſeſſiones, quae Liberalitate Regum, vel Largitione Principum conceſſae ſunt, inconcuſſas in perpetuum, & inviolatas eſſe decernimus. Quod ſi quis eas abſtulerit, aut invaſerit, Anathemate perpetuo feriatur. And by the Sixth Law of Ina aforeſaid, if any man fought in the Church, he ſhould forfeit Six pounds; ſi quis in Eccleſia pugnet, 120 ſolid. emendet. And although it be now looked upon as Exaction for a Parſon to demand his Funeral dues of Burial, where the deceaſed is carried out of his Pariſh to be buried in another, ſo it was long ſince Ordained by the Laws of King Kanute, leg. 16. Si Corpus aliquod à ſua Parochia deferatur in aliam, pecunia tamen Sepulturae ejus jure in eam Eccleſiam pertinebit.

Among other Officers relating to the Church,Churchwardens. thoſe of Churchwardens, Queſtmen, and Sidemen are not to be omitted; for although they may be ſome of the Lower Form, yet they are of neceſſary uſe, and ſuch as without whoſe care many diſorders in the Church may paſs unpuniſhed, as well as the Concerns thereof much prejudiced; for which end and reaſon the Law will have them to be a Corporation, qualifies them to Sue, ſubjects them to Suits, and underſtands them in the nature of Eccleſiaſtical Truſtees as Guardians of the Moveable Poſſeſſions of the Church: Therefore the Canons have determined, as to the qualification of the perſons Eligible, the manner of their Choice, by whom, and the time when, their Oath, Office, Duration, and Account; when and before whom it ſhall be made, and how they ſhall be finally diſcharged.

By reaſon of the great deſolation and ruine of many Churches and Pariſhes in the late Unnatural War in this Kingdom,Conſolidation. and otherwiſe, it hath been judged neceſſary to paſs an Act of Parliament for the Uniting of certain Churches in Cities and Towns Corporate: Notwithſtanding which, the Pariſhes to remain diſtinct as to all p. 27Rates, Taxes, Parochial Rights, Charges and Duties, and all other Priviledges, Liberties, and Reſpects whatſoever; wherein it is alſo Enacted, That the Patrons of ſuch Churches and Chappels ſo united, ſhall Preſent by Turns only to that Church, which ſhall remain and be Preſentative from time to time, &c. Provided, That Pariſhes having 100 l. maintenance per An. may not be Ʋnited. Alſo the Incumbents of ſuch united Pariſhes muſt be Graduates in ſome Ʋniverſity. And the Owners of Impropriations may beſtow and annex Maintenance to the Churches where they lie, and ſettle it in Truſt for the benefit of the ſaid Parſonage or Vicarage, without any Licenſe of Mortmain. It is there alſo further Enacted, That if the ſettled Maintenance of ſuch Parſonage, Vicarage, Churches, and Chappels ſo united, &c. ſhall not amount to the full ſum of 100 l. per An. clear and above all charges and reprizes, that then it ſhall be lawful for the Parſon, Vicar, and Incumbent of the ſame, and his Succeſſors, to take, receive, and purchaſe to him and his Succeſſors, Lands, Tenements, Rents, Tithes, and other Hereditaments, without any Licenſe of Mortmain; any Law or Statute to the contrary notwithſtanding. The Churches and Pariſhes in London, which by that Act ſince the Dreadful Fire are United, are theſe, viz. The Pariſhes of Alhallowes Breadſtreet and St. John Evangeliſt are united into one Pariſh, and the Church of the former to be the Pariſh-Church of the Pariſhes ſo united. The Pariſhes of St. Albans Woodſtreet, and St. Olaves Silverſtreet are united into one Pariſh, and the Church of the former to be the Pariſh Church of the ſaid Pariſhes ſo united. The Pariſhes of St. Auſtins and St. Faiths are united into one Pariſh, and the Church of the former to be the Pariſh Church of the ſaid Pariſhes ſo united. The like order to be obſerved in all the reſt of the Pariſh Churches that are by that Act united.

Touching Dilapidations of Eccleſiaſtical Edifices and Poſſeſſions,Dilapidations. it may well be preſumed, That the moſt of that kind that ever was in the Christian World, was in p. 28the time of Diocleſian's Perſecution; which moved Conſtantine, Son of Conſtantius Chlorus, who began his Reign in the year of our Lord 310. to give command for the Re-edifying and Repairing the Temples of the Chriſtians; which was not only expeditely put in Execution, but many new Churches were alſo erected for the Convention of the Chriſtians; and Idol-Temples ſhut up until Julian the Apoſtate reſtored the Heatheniſh Idolatry. It hath ever belonged to the care and cognizance of the Church, to make proviſion for the Repair of the Dilapidations of the Church. Thus Jehoida made it his buſineſs to repair the Dilapidations of the Temple: 1 Chro. 24.1 Chr 24But although Controverſies hence ariſing, and incident to this matter, are properly belonging to Eccleſiaſtical cognizance, yet they are not only Eccleſiaſtical perſons that are hereunto obliged; for although they alone are to prevent and repair, or make ſatisfaction for what part of the Churches Dowry themſelves have ſuffered to be Dilapidated, whilſt in their own poſſeſſion; yet as to the Church it ſelf, and the Incidents thereof, others as well as Eccleſiaſticks are obliged to the Repairs thereof; for the Steeple with the Body of the Church, and all Chappels lying in Common thereunto, are to be Repaired by the Joynt coſt of the Pariſhioners: And ſuch Private Chappels, as wherein particular perſons claim a propriety of Seat and Sepulture, are to be Repaired at their own charge; but the Chancel is to be kept in Repair at the Parſons coſt: yet in all theſe reſpect is chiefly to be had to the Custome of the Place time out of mind, for that ſhall rule the Premiſſes, and will go far to determine, whether the Fences of the Church-yard are to be made and repaired at the charge of the Parſon (who may have the ground thereof as part of his Glebe) or at the charge of the Pariſhioners, or of ſuch perſons whoſe Land ſurrounds or abutts on the ſame.Suarez de Virt. & St…tu Religionis, lib. 1. c. 28. nu. 18. Suarez ſaies, That for the better prevention of Dilapidations, there was Anciently a Cuſtome in ſome places, That ſome part of the Tithes ſhould not be paid to the Clerk, p. 29or applied to the party Beneficed, but ſhould be reſerved for the uſe of the Fabrick of the Church, to repair the ſame, and for the uſe of the Poor; and were not properly due to any particular Clerk, ut in ejus dominium transferantur, but to the Church; not the material Temple, but to the Church, that is, the Clergy for the uſe of the Temple. The Executors or Adminiſtrators of a Dilapidator ſtand charged in the Eccleſiaſtical Court to the ſucceeding Incumbent to make good the Repairs; and if ſuch Dilapidator in his life-time ſhall make a Deed of Gift to defeat the Succeſſor of the effect of his Suit, it is void, 13 Eliz. cap. 10. And the Succeſſor Incumbent ſhall have like remedy in the Eccleſiaſtical Court againſt ſuch Donee or Grantee, as he might have had againſt the Dilapidators Executor or Adminiſtrator. Alſo by 14 Eliz. cap. 11. it is provided, That all the Moneys received for Dilapidations, ſhall within Two years be employed upon the Buildings, for which they were paid, on pain of forfeit of ſo much to the King as ſhall not be ſo employed.

When a Church becomes Litigious, Patrons and Patronage.and doubt ariſes touching the right of Patronage or Preſentation, in that caſe the Law hath provided an Expedient for the Ordinary, whereby his being a Diſturber, in caſe he Collate or Preſent, is prevented; to which end and in ſuch caſe the Law directs him to award the Jure Patronatus; wherein the Practice with us at this day, anſwers to the pretence of all perſons quorum intereſt, with more exactneſs and general ſatisfaction, than was anciently practicable according to the Canons and Conſtitutions of old, as appears by the defect (in this matter) of the Seventeenth Canon of the Council at Rome, An. 1180. which is only to this effect, viz. If a question ariſe concerning Preſentations of divers perſons to one Church, or concerning the Gift of Patronage, if the foreſaid Queſtion be not decided within the ſpace of Three months, the Biſhop ſhall place in the p. 30Church the perſon whom himſelf conceives moſt worthy. The Law takes notice of a twofold Jus Patronatus, the one Civile, the other Canonicum: The former is that which is introduced by the Civil Law, and refers to a Lord or Patron in reſpect of his Bondman made Free, and his Goods: the other, and which only is here intended, is, That which is inſtituted by the Church in ſhew of gratitude to him who either Founded, built, or Endowed ſome Church; for which reaſon the Biſhops granted them a certain Right in ſuch Churches, which is commonly called Jus Patronatus, and that by the Canon Law underſtood as Honorificum, Ʋtile, & Oneroſum. Honorificum, in regard of that obſequious Reſpect due from the Pariſh to the Patron, ſpecially in that the chiefeſt Seat in his Church is granted to him: Oneroſum, in that the Patron may lawfully defend his Church, and prevent the Dilapidations both of the Church, and of what ſhe is Endowed with according to the way and manner preſcribed in cap. Filiis 16. q. 7. It is alſo called Jus Ʋtile, becauſe that if any time the Patron or any deſcending from him ſhall happen to fall into decay, in ſuch caſe the ſaid Church is more oblig'd to ſupply the neceſſities of him and his, than of any other Poor. c. Quaecunque cum ſequent. For this reaſon alſo it is, and that others may be encouraged to the like Acts of Piety, the Church (as a Mark of ſpecial grace and favour) hath granted to ſuch Patrons the Jus Praeſentandi, or a Right to Preſent fit perſons to the Benefice of ſuch Churches. This Right or Jus Patronatus did not belong to Patrons anciently or jure antiquo, as appears by the Gloſs in cap. Piae mentis; yet moſt certain it is, That this Right of Patronage was Jus antiquiſſimum, as is evident by cap. Quoniam. de jure Patronat. And the Lateran Council calls it Potestatem, in qua Eccleſia huc uſque Patronos ſuſtinuit.

p. 31The preſent Incumbents,Parſons and Parſonage. Parſons and Vicars, of Churches burnt in London by the late Dreadful Fire, and by Act of Parliament not to be rebuilt, are by the ſaid Act not deprived of the Tithes, or other profits formerly belonging to their reſpective Churches ſo long as they ſhall aſſiſt in ſerving the Cure, and other Offices belonging to their duty in the Pariſh-Church, whereunto their reſpective Pariſhes ſhall be united and annexed by the ſaid Act, according to the direction of the Ordinary, &c. Saving to the Kings Majeſty, his Heirs and Succeſſors, the Tenths and Firſt-Fruits of all ſuch Pariſh-Churches as by force of the ſaid Act are united and conſolidated, &c. yet ſo, as that the ſaid Parſons and Vicars are by the ſaid Act indemnified from the payment of all Firſt-Fruits, Tenths, and Penſions due, and which ſhall be due unto his Majeſty, and from all dues to the Ordinary and Archdeacon, and all other dues whatſoever chargeable upon them reſpectively, until ſuch time as they ſhall receive the Profits ariſing from the ſame, as formerly. And no Proceſs to iſſue out of any Court whatſoever, againſt the perſons aforeſaid, for their Non-payment of Firſt-Fruits, Tenths, Penſions, or any other the dues aforeſaid, &c. The ſaid Parſons are likewiſe by the ſaid Act indemnified for not Reading the 39 Articles, or not doing other thing enjoyned by Law, until ſuch time as the ſaid Churches be Re-edified, or made fit for Publick Worſhip. The ſaid Parſons and Vicars are likewiſe impower'd to lett Leaſes of their Glebe-Lands, with the conſent of the Patron and Ordinary, for any Term not exceeding 40 years, and at ſuch yearly Rents, without Fine, as can be obtain'd for the ſame: And that no Lapſes incurred upon any Non-Preſentation in due time of any of the Patrons of the ſaid Livings ſince the ſaid Fire, ſhall any waies prejudice, or make void the Preſentations that the ſaid Patrons have ſince made, whereupon any Incumbent is ſince Inſtituted and Inducted, any Law or Statute to the contrary in any wiſe notwithſtanding. By the Third Canon of that great Aſſembly of 180 Biſhops at Rome, p. 32in the Church of Conſtantiniana, An. 1180. in the Twentieth year of Pope Alexander the Third, it was Ordained, That no man ſhould be admitted to the Office of a Biſhop under the age of Thirty years; nor that any ſhould be admitted to be a Deacon, or Archdeacon, or to have the government of a Pariſh until he were of the full age of Five and twenty years.

The next Chapter ſpeaks of Vicars, Vicars, Vicarages, and Benefices.Vicarages, and Benefices; Gervaſius a Monk of Canterbury in his Chronicle de tempore H. 2. (under whom a Synod was convened at Weſtminſter, An. 1175. by Richard then Archbiſhop of Canterbury) acquaints us with an Ancient Canon made at that Synod, whereby Vicars are reſtrained from behaving themſelves proudly againſt their Parſons, a piece of Spiritual Inſolence not grown quite out of practice to this day: It is the Eleventh Canon, the words are, Illud etiam de Vicariis, qui perſonis fide & juramento obligati ſunt, duximus ſtatuendum, quod ſi fide vel Sacramenti religione contempta Perſonatum ſibi falſo aſſumentes, contra Perſonas ſe erexerint, ſi ſuper hoc in jure vel confeſſi vel convicti fuerint, de caetero in eodem epiſcopatu ad Officii ſui Executionem non admitta…tur. In all Appropriations of Churches there ever was, and ought to be, an eſtabliſhment of ſufficient Maintenance for the Vicar and his Succeſſors, pro ſuſtentatione ſua congrua, made by the Biſhop of the Dioceſs, by and with the conſent of ſuch as to whom ſuch Churches are Appropriated: And this, though for the moſt part conſiſting only of the Minute Tithes, yet hath the denomination of a Benefice, or Eccleſiaſtical Benefice, as properly as any Rectory or Parſonage whatever; for they are perpetual Vicars, in whom the Vicarage or Benefice is as in Fee, though not properly in demeſne as in Fee, as Temporal Inheritances are; and therefore the word [Beneficium] with the Feudiſts and Canoniſts is the ſame as Feodum or Feudum with our Common Lawyers; yet ſometimes it is oppoſed to that which we call Allodium, or what a man hath in his own Name, and in his own proper Right and abſolutely, p. 33for that which is here underſtood by Beneficium, may be poſſeſs'd nomine alieno, & certis ſub Legibus; which may not properly be ſaid of Allodium, that being properly what a man doth poſſeſs nomine proprio, & abſolute: An inſtance of this you have in the Grant made by King William Rufus to Anſelme Archbiſhop of Canterbury; Praecepit Rex, ut inveſtiretur Anſelmus omnibus ad Archiepiſcopatum pertinentibus, atque ut Civitas Cantuariae, quam Lanfrancus ſuo tempore in Beneficio à Rege tenebat, & Abbatia Sancti Albani, quam non ſolum Lanfrancus, ſed & Anteceſſores ejus habuiſſe noſcuntur, in Allodium Eccleſiae Chriſti Cantuarienſis pro redemptione animae ſuae perpetuo jure tranſirent. By the Ninth Canon of the Lateran Council under Pope Alexander, It is prohibited to grant or promiſe any Eccleſiaſtical Benefices before they are actually void; the reaſon of which Canon was, to prevent the deſire of the death of the preſent Incumbent, by him who by ſuch promiſe or grant had an expectation to ſucceed him in the Benefice.

In the next place follows the Chapter of Advowſons, Advowſons.which the Canon Law calls Jus Patronatus, being a power or right of Preſenting one to be Inſtituted to a vacant Eccleſiaſtical Benefice; I ſay, Vacant, becauſe if the Benefice be not then void, the Preſentation will be void in Law; the reaſon is, becauſe were it otherwiſe, occaſion might thereby be given the Preſented to deſire or wiſh for the Incumbents death. cap. Nulla. de Conceſſ. Praebend. And although, what we call Advowſon, the Canon Law calls Jus Patronatus; yet every Jus Patronatus is not an Advowſon, according to the Civil Law; for the Jus Patronatus hath a twofold acceptation in the Law; the one, That Right which Lords or Patrons have on their Bondmen made Free by Manumiſſion, and ſo it is taken in ff. de jur. Patron. but this is not to our preſent purpoſe: the other, That Right of Preſentation to an Eccleſiaſtical Benefice, which belongs to Patrons of Benefices and Churches, which in the Law is likewiſe called Jus Advocationis, as appears by cap. p. 34Quia Clerici, de Jur. Patronat. And this is that Advowſon here intended. This Right of Advowſons or Jus Patronatus the Law doth alſo diſtinguiſh into Eccleſiaſtical and Laical. Touching the Eccleſiaſtical vid. Covarru. in qq. pract. c. 36. n…. 2. which is ſo called, not becauſe an Eccleſiaſtick doth enjoy or poſſeſs it (for ſo he may alſo poſſeſs a Laick Patronage;) but becauſe it belongs to one for that he hath founded, built, or endowed the Church Ex bonis Eccleſiasticis, or by reaſon of ſome Rectory of a Church, or ſome Eccleſiaſtical Dignity: As when a Benefice is erected with money gotten ex bonis Eccleſiaſticis; in that caſe he hath Jus Patronatus Eccleſiaſtici, or Patronatum Eccleſiaſticum: And ſo it is, if one hath the Advowſon or right of Preſentation on, becauſe he is a Biſhop, a Dean, or the like; this alſo is Jus Patronatus Eccleſiaſtici, ſo the Gloſs, in Clem. 2. de jur. Patronat. & alii. The other kind of Advowſons or Jus Patronatus Laici is ſo called, for that it belongs to one, becauſe he hath either founded, built, or endowed ſome Church, or erected ſome Benefice Ex bonis patrimonialibus. Leſſius de Juſtic. & jure, cap. 34. de Benefic. Dub. 4. In purſuance of that diſtinction it is, that the Canon Law determines in a different manner in reſpect of Eccleſiaſtick and Laick Patronages, touching the time limited for Preſentation to a vacant Benefice; for (according to that Law) if the Patronage be Laick, the Patron is obliged to Preſent within Four months next after the Church becomes void: but if the Patronage be Eccleſiaſtical, then within Six. cap. unico, de Jur Patronat. in 6.

Concerning Appropriations of Churches,Appropriations. the firſt thereof ſince the Conqueſt appears to be that of Feverſham and Middleton in Kent, An. 1070. granted by William the Conquerour to the Abbey of St. Auſtins in Canterbury in manner following, viz. In Nomine, &c. Ego Willielmus, &c. ex his quae omnipotens Deus ſua gratia mihi largiri est dignatus, quaedam concedo Eccleſiae. S. Auguſtini Anglorum Apoſtoli, &c. pro ſalute Animae meae & Parentum meorum, Predeceſſorum, & p. 35Succeſſorum, haereditario jure; haec ſunt Eccleſiae & Decimae duarum Manſionum, viz. Feverſham & Middleton ex omnibus redditibus qui, &c. & omnibus ibidem appendentibus, terra, ſylva, pratis, & aqua, &c. Haec omnia ex integro concedo S. Auguſtino, & Abbati, & Fratribus, ut habeant, & teneant, poſſideant in perpetuum; which was afterward Confirmed by Pope Alexander the Third, and Ratified by Theobald Archbiſhop of Canterbury, together with an Eſtabliſhment and Ordination of a Vicarage by the ſaid Archiepiſcopal Authority in each of the ſaid Churches reſpectively. The like you have for the Appropriating of three other Churches to the ſame Abbey, viz. of Wyvelsberg, Stone, and Brocland in Kent, by the Charter of Ed. 3. above Three hundred years ſince, Confirmed by Pope Clement's Bull, and Ratified by Simon Mepham then Archbiſhop of Canterbury, with his Eſtabliſhment of Three perpetual Vicarages to the ſaid Churches: Which Charter is to this effect, viz. Nos de gratia noſtra ſpeciali, & pro C. Libris, quas praefati Abbas & Conventus nobis ſolvent, &c. Conceſſimus & Licentiam dedimus pro Nobis & haeredibus noſtris, quantum in Nobis eſt, ejuſdem Abbati & Conventui, Vid. G. Thorne in his chronicle De Reb. geſtis Abbatum S. Auguſtin. Cant.quod ipſi Eccleſias praedictas Appropriare, & eas ſic Appropriatas in proprios uſus tenere poſſint ſibi & Succeſſoribus ſuis in perpetuum (niſi in hoc, Quod Nos tempore vacationis Abbatiae praedictae, ſi contigerit Eccleſias praedictas, vel aliquam earundem tunc vacare, Nos Jus Praeſentandi ad eaſdem amitteremus) ſine occaſione, vel impedimento Noſtri, vel haeredum noſtrorum quorumcunque. Hujus Data eſt ſub An. Do. 1349. The Modern Church-Hiſtorian of Britain in his Eleventh Book, pag. 136. calls to remembrance, That about An. 1626. there were certain Feoffees, a whole dozen of them (though not incorporated by the Kings Letters Patents, or any Act of Parliament, yet) Legally (he ſays) ſettled in Truſt to purchaſe in Impropriations, and that it was incredible (how then poſſible to be believed?) what large Sums were advanced in a ſhort time towards that work: But then p. 36withal tells us ſomewhat that is Credible, viz. That there are 9284 Parochial Churches in England, endowed with Glebe and Tithes; but of theſe (when the ſaid Feoffees entered on their work) 3845 were either Appropriated to Biſhops, Cathedrals, and Colledges, or Impropriated (as Lay-Fees) to Private perſons, as formerly belonging to Abbeys. The Redeeming and Reſtoring (he does not mean to the Abbeys) was the deſign of theſe Feoffees, as to thoſe in the hands of Private perſons, but re infecta, the Deſign proved abortive.

A Commendam or Eccleſia Commendata, Commendams:ſo called in contradiſtinction to Eccleſia Titulata, is that Church, which for the Cuſtodial charge and government thereof, is by a revocable Collation concredited with ſome Eccleſiaſtical perſon, in the nature of a Truſtee, vel tanquam fidei Commiſſarius, and that for the moſt part only for ſome certain time, abſque titulo; for he that is Titularly Endowed, hath the poſſeſſion of the Church in his own Name and in his own proper Right during his life; hence it is, that in the Canon Law a Church collated in Commendam, and a Church beſtowed in Titulum, are ever oppoſed as contraries vid. Hiſt. Concil. Trident. lib. 6. pag. 600. & Duaren. de Benefic. lib. 5. cap. 7. Thus King Edgar Collated Dunstan Biſhop of Worcester to the Biſhoprick of London by way of Commendam; Rex Edgarus (ſays Radulph. de Diceto in his Abbreviat. Chronicorum) Lundonienſem Eccleſiam proprio Paſtore viduatam commiſit regendam Dunſtano Wigornenſi Epiſcopo. Et ſic Dunſtanus Lundonienſem Eccleſiam Commendatam habuit, & non Titulatam. dict. Radulph. de An. 962. It is ſuppoſed that the firſt Patent of a Commendam retinere granted in England by the King to any Biſhop Elect, was that which King Henry the Third by the advice of his Council (in imitation of the Popes Commendams then grown very common) granted by his Letters Patents to Wengham then Chancellor of England notwithſtanding his inſufficiency in the knowledge of Divinity, to hold and retain all his former Eccleſiaſtical p. 37Dignities and Benefices, whereof the King was Patron, together with his Biſhoprick (he then ſucceeded Fulco Biſhop of London) for ſo long time as the Pope ſhould pleaſe to grant him a Diſpenſation: whoſe Diſpenſation alone would not bar the King to Preſent to thoſe Dignities and Benefices, being all void in Law by making him a Biſhop. He had alſo the like Patent of Commendam retinere as to his Benefices and Eccleſiaſtical Preferments in Ireland. And this Patent of ſuch a Commendam being made by the King, his Lords and Judges, is for that reaſon the more remarkable. vid. Le Hist. of the Church of Great Britain, pag. 84. According to the proper and ancient Account, Commendams were originally introduced in favour and for advantage of the Church which is Commended, in favorem & utilitatem Eccleſiae quae Commendatur. Imola in ca. Nemo. de Elect. in 6. ſays, that Commendams are not to be Niſi ex evidenti Eccleſiae Commendatae neceſſitate vel utilitate. The diſtinction of Temporal and Perpetual Commendams in the Canon Law is of no great uſe with us; indeed in the Church of Rome, according to the former mode of Commendams, a vacant Church is Commended either by the Authority of the Pope, if it be a Cathedral; ca. penult. & ult. 21. q. 1. or by the Authority of the Biſhop, if it be a Church Parochial. This is commonly Temporal, or for Six months, and is in utilitatem Eccleſiae: the other commonly Perpetual, and are magis in ſubventionem eorum, quibus commendantur, quam ipſarum Eccleſiarum. And a Commendatary for life, is the ſame in reality with the Titular. Theſe Commendams in their Original were Inſtituted to a good purpoſe, but after uſed to an evil end: For when by reaſon of Wars, Peſtilence, or the like, the Election or Proviſion could not be made ſo ſoon as otherwiſe it might, the Superiour did Recommend the vacant Church to ſome honeſt and worthy perſon; to govern it, beſides the Care of his own, until a Rector were provided; who then had nothing to do with the Revenues, but to govern them and conſign them to another. But in proceſs of p. 38time theſe Commendataries, under pretence of Neceſſity, made uſe of the Fruits, and to enjoy them the longer, ſought means to hinder the Proviſion: for remdy whereof, order was taken that the Commenda ſhould not continue longer than Six months: But the Popes by the plenitude of their Power, did exceed theſe Limits, and Commended for a longer time, and at laſt for the life of the Commendatary, giving him power to uſe the Fruits.

When any Eccleſiaſtical Benefices happen to be void, Lapſe.the Law provides that they ſhall be ſeaſonably ſupplied with meet Incumbents, and will not by any means admit any long Vacancy, and hath therefore ſet a competent time within which he that hath the original right of Preſentation in him, ſhall diſcharge his duty therein, or the Lapſe ſhall incurr to him or them to whom by Law ab Inferiori ad Superiorem it gradually devolves. This matter of Lapſe (in the intent and purpoſe thereof, though not by that denomination) is very Ancient: By the Ninth Canon of the Council of Lateran under Pope Alexander, it is provided, That Cum Praebendas, Eccleſias, ſeu quaelibet officia in aliqua Eccleſia vacare contigerit, vel ſi etiam modo vacant, non diu maneant in ſuſpenſo, ſed in Sex menſes perſonis quae digne adminiſtrare valeant conferantur. Si autem Epiſcopus, ubi ad eum ſpectaverit, conferre diſtulerit, per Capitulum ordinetur. Quod ſi ad Capitulum Electio pertinuerit, & infra praeſcriptum terminum hoc non fecerit, Epiſcopus exequatur. Aut ſi forte omnes neglexerint, Metropolitanus de ipſis abſque illorum contradictione diſponat. vid. Chron. Gervaſii de Temp. H. 2. And by the Eighth Canon or Conſtitution of the Council at Rome in the year 1180, under Pope Alexander the Third, it was Ordained, That no Eccleſiastical Office ſhould be promiſed to any man before it became vacant by the deceaſe of the Poſſeſſor. For (ſays the Canon) it is an unrighteous thing to put any man in expectation of another mans Living, whereby he may wiſh his Brothers death. And when any place ſhall happen to be vacant, let it be p. 39planted again within Six months, or elſe he who hath the Right of Plantation ſhall loſe it at that time, and the Chapter, or Metropolitan Biſhop ſhall have power to provide the vacant place. According to the Canon Law the Lay-Patron hath but Four months to preſent to a Benefice, but an Eccleſiaſtical Patron hath Six. Patronatus vero Laicus intra quatuor menſes praeſentare poteſt, Eccleſiaſticus autem Patronus intra Sex menſes. c. uno, de jure Patron. in 6. But the Pope is not limited to any time, ſo that he may Collate to ſuch Eccleſiaſtical vacant Benefice at what time he pleaſes. Papae vero non eſt aliquod tempus praefixum, cum non habet Superiorem, qui poſſit ejus negligentiam ſupplere. c. aliorum 9. q. 3. niſi in c. Statutum, de Praeb. in 6. Although regularly all inferiour Dignities Eccleſiaſtical and Benefices ought to be beſtowed within Six months of their Vacancy, according to the Rule of the Canon Law, c. cum noſtris, c. dilectus, & c. poſtulaſtis. Yet the greater Dignities are by that Law to be conferr'd within Three months, Majores vero Dignitates, ut Epiſcopales, debent intra Tres menſes tribui. c. ne pro defectu, de Elect. c. poſtquam, 50. Dist.

Although in ſtrictneſs and propriety of Speech,Collation and Preſentation. Preſentation referrs to the Lay-Patron, and Collation to the Biſhop, yet in the Canon Law the words Collation and Collator are frequently uſed in a ſenſe promiſcuouſly relating to them both. Therefore you have it in one place ſaid, That Praeſentatio à Fundatore fieri ſolet, Epiſcopo, vel alteri Collatori, & Epiſcopus instituit Praeſentatum à Patrono. Rub. & per tot. tit. de Inſtit. & c. quod autem, de jur. Patron. In another place it is ſaid, That Praeſentatio Large dicitur Collatio. Rebuff. in Prax. Benefic. Reg. de infirm. Benefic. reſignant, gloſſ. 14. nu. 6. post Barba. in c. Abbatem de Reſcript. col. pen. Yea, and ſometimes Collation is generally taken alſo for Inſtitution; per tex. in ca. uno. ut Eccleſiaſt. Benefic. ſine diminut. conferant. Although a Lay-man doth found, build, or endow a Church, yet the Canon Law allowes him not the Priviledge of Jus p. 40Patronatus or Jus Praeſentandi otherwiſe than ex gratia; for the Canonists do hold, That de rigore juris non poteſt Laicus Eccleſiaſtica tractare negotia. c. 2. de Judic. only (ſay they) the Popes to encourage them in the founding, building, or endowing of Churches, have reſerved that Priviledge for them, and confirmed it by a Law.—c. Decernimus 16. q. 7. & per tot. tit. de jur. Patronat. As the Jus Patronatus, ſo Preſentation alſo by the Canon Law is twofold, the one by an Eccleſiaſtical Patron, the other by a Lay Patron: This diſtinction is beſt known only to the Canon Law, and although it may be ſo in Preſentation, yet it is not properly applicable to Collation. The Eccleſiaſtical Patron (as aforeſaid) hath by that Law Six months, to be computed from the day of his having Notice of the Vacancy to Preſent. c. unic. de jur. Patronat. 6. Do. de Rota, Deciſ. 568. tit. de Sent. & re jud. Deciſ. 31. & 845. tit. de filiis Presb. deciſ. 4. By the Eccleſiaſtical Patron is meant or intended, that perſon who hath the Jus Patronatus in him ratione Eccleſiae ſeu Beneficii quod poſſidet. c. dilectus de Offic. Leg. c. cum dilectus, de jure Patro. But the Lay Patron, who hath the Jus Patronatus ratione ſui patrimonii, hath only Four months (as aforeſaid) ad Praeſentandum. d. c. uno. yet in his Preſentation he may variare, but that may not be more than ſemel tantum. c. quod autem, de jure Patr. and this Cumulative, non autem ut à primo recedere omnino poſſit. c. cum autem, ubi Pan. ibid. So likewiſe as to Collation, that alſo is twofold by the ſame Law, viz. Neceſſary and Voluntary (a diſtinction of little uſe with us;) Neceſſary, which the Collator is bound to make, as to one who hath a Mandate from the Superiour Power for the ſame, c. tibi, & c. duobus. de Reſor. lib. 6. The Voluntary Collation, being that which is free in him who hath power to make the ſame.

The Canon poſitively requires,Examination. Admiſſion. that Examination ſhall ever precede Ordination, Admiſſion, Inſtitution, and Induction; and although this be incumbent on the Biſhop or Ordinary (when it is in order to a Benefice) before p. 41the Six months expire; yet no obligation lies upon him to effect it, ſo ſoon as the party offers his ſubmiſſion to an Examination, ſpecially if at the ſame time the Ordinary be circa curam Paſtoralem. This Examination referrs to the due qualification of the perſon to be Ordained or Beneficed, as to his Ability and Converſation. After this Examination and thereon the Ordinaries Approbation, the way is open for Admiſſion, if no other Legal impediment appears to the Ordinary; yet the Canon requires, that notwithſtanding the Biſhops Approbation upon the party's Examination, he may not Ordain him, unleſs he hath in eſſe or poſſe, a promiſe or a proſpect of ſome Eccleſiaſtical Living, whereof to aſſume the Cure, and whereon to receive ſubſiſtance, unleſs the Ordinary will maintain him until he be ſo provided, in caſe he hath not of his own wherewith to ſubſiſt without ſuch proviſion, for our Law and Practice both requires, that they ſhould be Incumbents, and not Mendicants. By the Fifth Canon or Conſtitution made by that great Convention of no leſs than One hundred and Eighty Biſhops at Rome, under Pope Alexander the Third, it was Ordained, That if any Biſhop ſhould Admit any man to be a Presbyter or a Deacon, without the Title of a Place that may afford unto him things neceſſary for the maintenance of his life: Let the Biſhop himſelf ſustain him, until he provide a Living for him, except he be able of his own patrimony to ſuſtain himſelf. In the Council of Carthage it was Ordained, Quod nullus ordinetur Clericus, niſi probatus, aut examine Epiſcoporum, aut populari teſtimonio. cap. Nullus 24. diſt. And by the Council of Pope Martinus it was Decreed, That all ſuch as were Ordained Presbyters or Deacons without Examination, were to be expell'd the Clergy. c. ſi. 24. Diſt. The Subject-matter whereon they are to be Examined differs with us from that uſed in the Church of Rome chiefly in theſe Three particulars, viz. Quoad Genus: quoad Patriam: quoad Fidem. vid. c. quando. 24. Diſt. There are ſeveral ancient Canons which give this Jus Examinationis to Archdeacons, c. p. 42adhaec, &c. ut noſtrum, De Offic. Arch. c. ſi quis 94. Diſt. yet Rebuffus tells us, that at this day in France they have loſt that part of their Office by a kind of deſuetude or diſuſe thereof, it now wholly belonging to the Epiſcopal Order in that Kingdom, as in this and moſt other Churches of Chriſtendom. c. Si ſervus, 54. Diſt. c. accepimus. de aetate & qualitate.

Vacatio Beneficii, Avoidance.or the Avoidance of an Eccleſiaſtical Benefice, which you meet with alſo in the enſuing Abridgment, as it is oppoſed to Plenarty, is the want of a lawful Incumbent; during which vacancy the Law looks on the Church quaſi viduata, without her Spiritual husband, and our Common Law on the Poſſeſſions thereof as in abeiance. An Avoidance in the cauſes thereof, as practicable with us, differs, much from that at the Canon Law, where there are thrice as many as are in uſe with us.Rebuff. Prax. Benef. de Regia ad Praelatur. nominat. fac. §. Monaſteriis. Rebuffus enumerates above Thirty Cauſes of ſuch Avoidances, but of ſuch relation to the Pontifical Conſtitutions, that not above a Third part of them takes place in this Realm. It is Quaeſtio Juris, whether a Benefice be void before Sentence Judicially pronounced, albeit in the Law it be ſaid, Quod ipſo facto ſit privatus? Admitting the Crime to be committed for which the Law ſays he ſhall be deprived ipſo facto; yet the Queſtion is held in the Negative, unleſs it plainly appears that the mind of the Legiſlators were otherwiſe, as if thoſe words were added, viz. Beneficium eo ipſo vacare, ita ut alteri Libere poſſit conferri. c. Dudum 2. de Elect. As when one takes a ſecond Benefice Incompatible. Aquin. 2. 2. q. 62. art. 3. Cajetan. ib. Sotus lib. 1. de Juſt. q. 6. art. 7. Covar. de Matrim. p. 2. cap. 6. §. 8. nu. 9, & 13. and generally the Modern DD. But the Queſtion is put a little further, As whether the Benefice be void when it is ſaid in the Law, Sit privatus ipſo facto abſque alia declaratione? Covarruvios, Sotus, and Henriquez de Excom. c. 56. and many other of the later Writers are of Opinion, that it is not void, but that a declaratory Sentence of the Crime is requiſite; and that Clauſe, abſque alia declaratione, is to be underſtood of a declaration of the p. 43penalty incurred, not of the Crime committed; which expoſition of the words, though it may ſeem ſomewhat ſtrained, is notwithſtanding by the frequent uſe and practice thereof among the Canoniſts ſufficiently confirmed. And thoſe Laws which ſay, that the Benefice ſhall be void ipſo jurc, as in Extrav. Ambitioſae, De reb. Eccl. do not ſeem to be taken in that ſtrict and rigorous ſenſe, Ʋt ſponte teneatur ſe Reus ſpoliare. Leſſ. de Juſt. & Jur. lib. 2. cap. 29. de Judice. Dub. 8. nu. 68. If it ſhall hence be demanded, of what force, energy, or operation then are ſuch Laws, whereby a man is ipſo jure deprived of his Benefice, by reaſon either of ſome Crime committed, or another Benefice Incompatible accepted? the Anſwer which the Canoniſts make to it is, That by the words (ipſo jure privatus Beneficio) the Offender doth immediately loſe the very Title he had to the Benefice, inſomuch as that he is no longer Dominus Beneficii, yet doth retain the poſſeſſion thereof, of which he cannot be Deprived, niſi cauſa cognita, without a fair Trial at Law. Gloſſ. in c. Licet Epiſcopus, 28. de Praebendis in 6. & DD. ibi. Note, This is not ſaid by way of interpretation of theſe words (ipſo jure) in any Statute Law of this Realm, but by way of Expoſition thereof among the Canoniſts.

Although the Clergy have ever been had in the higheſt repute both with Prince and People, Plurality.where the Goſpel hath been received, and have been honoured with divers Priviledges and Immunities above the Laity, yet the Law hath ever held it as prejudicial to the Church, That Plures honores Eccleſiaſtici uni perſonae ſint tribuendi. At a Council conven'd at Weſtminster in the Five and twentieth year of the Reign of H. 1. being above Five hundred years ſince, Honorius 2. then Pope, in this Synod it was Ordained in theſe words, Praecipimus ne uni perſonae in Eccleſia Archidiaconatus, aut diverſi tribuantur honores. To this purpoſe is the Third Canon of the Lateran Council under Pope Alex under, Quia nonnulli diverſas Eccleſiaſticas Dignitates, & plures Eccleſias Parochiales contra Sacrorum Canonum p. 44inſtituta nituntur adquirere, ita ut cum unum Officium vix implere ſufficiant, ſtipendia ſibi vendicent plurimorum, ne id de caetero fiat, diſtrictius inhibemus. Et quia tantum quorundam proceſſit ambitio, ut non duas vel tres, ſed Sex vel plures Eccleſias perhibeantur habere, nec duabus poſſunt debitam proviſionem impendere: per Fratres & Coepiſcopos noſtros hoc emendari praecipimus. Likewiſe Gregory the Tenth, who ſucceeded Clement, at a Council at Lyons, Pluralitatem Beneficiorum Curatorum damnavit. Hen. de Knyghton. de Event. Angl. lib. 2. In like manner it appears by the Fourteenth Canon of the Council at Rome under Pope Alexander 3. An. 1180. That Plurality of Benefices is there forbidden, as a vice ſmelling of Avarice and Ambition, dangerous and prejudicial to the People, whoſe Souls are neglected by ſuch Paſtours. One of the chiefeſt Reaſons, why the Law forbids Pluralities, is, becauſe it enjoyns Reſidence, both which are inconſiſtent in the ſame Incumbent. Aquinas ſays, That the having of Two Benefices is not intrinſecally evil, or Malum in ſe, nor that it is altogether indifferent, but carries in it a ſpecies of Evil, yet ſo as that upon due Circumstances it may be capable of a qualified lawfulneſs. Aquin. quod-lib. 9. art. 15. To the many Inconveniencies, which the Law doth ſpecifically obſerve to follow upon Pluralities, this may not impertinently be added, That thereby the pious Intention of Founders is fruſtrated. The Council of Trent hath theſe words of it, Haec Pluralitas est perverſio totius Ordinis Eccleſiaſtici. Concil. Trid. Seſſ. 24. cap. 17. Pope Alexander the Third ſaid, That Pluralitas Beneficiorum certum continet animarum periculum. c. Quia in tantum 7. de Praebend. The Canoniſts ſpeaking of this Subject in reference to Diſpenſations, to ſalve the matter if poſſible, and bring both ends together, have found out a very prety diſtinction of Beneficia Incompatabilia primi generis,…o …ius de Juſt. & Jure. and Incompatabilia ſecundi generis: But we are not concern'd in that Diſtinction. In that Council of Trent it was ſaid by the Biſhop of Bitonto, That Plurality of Benefices, unknown to the p. 45Firſt Ages, was not brought in by the Court of Rome, but by Biſhops and Princes, before the Popes took upon them to regulate the matter of Benefices throughout all Chriſtendom. Yet the Author of the Hiſtory of the ſaid Council of Trent, lib. 2. ſays, That Clement the Seventh Commended to this Nephew Hippolitus, Cardinal de Medicis, in the year 1534. all the Benefices of the world, Secular and Regular, Dignities and Parſonages, Simple and with Cure, being vacant for Six months, to begin from the firſt day of his poſſeſſion, with power to convert all the Profits thereof to his own uſe.

The waies whereby an Eccleſiaſtical Benefice may be acquired,Deprivation. are not many; but the Cauſes for which an Eccleſiaſtical perſon may thereof be Deprived, are very many; generally they may all be reduced to theſe Three Heads, (1) By the Diſpoſition of the Law: (2) By the Sentence of the Judge: or (3) By a free and voluntary Reſignation, which though it be not properly a Deprivation, yet it is an amiſſion of the Benefiee. Deprivation by the diſpoſition of the Law, is either by reaſon of ſome Crime, whereunto the penalty of Deprivation ipſo facto is by the Law annexed, or by reaſon of accepting another Benefice Incompatible. The Pontifical Law adds Two more, which do not concern us, viz. Ingreſs into Religion, and Matrimony. The Crimes that incurr Deprivation are many, but they muſt be proved, for the Beneficed party is not bound ſponte ſua to quit his Benefice ante Sententiam Judicis. Leſſ. de Benefic. cap. 29. Dub. 8. And when a man is not Jure Privatus, but only Privandus, in that caſe his Benefice cannot be beſtowed on another, unleſs a Privative Sentence be firſt pronounced by the Judge. If a perſon Beneficed be long abſent and Non-reſident from his Benefice, the Benefice is not by reaſon of ſuch long Abſence void ipſo Jure; but the Law in that caſe alſo requires a Judicial Sentence of Deprivation, and that only post trinae Citationis in eorum Eccleſiis publice Edictum. Gloſſ. in c. Quoniam, ut lite non conteſtata, &c.

p. 46One of the chiefeſt Reaſons in Law why Pluralities are prohibited, Reſidence.is for the prevention of Non-reſidence, as appears by the Third Canon of the Lateran Council; which Canon, after it prohibits the having of divers Eccleſiaſtical Dignities or more Parochial Churches than one, it makes proviſion againſt Non-Reſidence in theſe words, viz. Cum igitur vel Eccleſia, vel Eccleſiaſticum Miniſterium committi debuerit, talis ad hoc perſona quaeratur, quae Reſidere in loco, & curam ejus per ſeipſum valeat exercere. Quod ſi aliter Actum fuerit, & qui receperit, quod contra Sacros Canones acceperit amittat; & qui dederit, largiendi poteſtate privetur. Likewiſe by the Thirteenth Canon of that great Council of One hundred and eighty Biſhops, Aſſembled at Rome by Pope Alexander the Third in the year of our Lord 1180. it was Ordained, That ſuch perſons ſhould be preferr'd to Eccleſiastical Dignities, as ſhall be actually reſident with their people, and undertake the Cure of their Souls, by doing the work of their Miniſtry in their own perſons, otherwiſe to deprive them of the Office and Benefice conferred on them; and they who do conferr them without theſe Conditions, let them loſe the right of conferring Offices and Benefices. By this appears, how ſtrict and exact the Law is againſt Non-Reſidence in the Romiſh Church.

One of the moſt famous Abbots and Monaſteries in Britain anciently,Abbots and Abbies. ſeems to be that of Bangor in Flintſhire, whereof Ranulphus Ceſtrenſis ſays, that Tradunt nonnulli Pelagium fuiſſe Abbatem apud Famoſum illud Monaſterium de BangoraaCeſtrenſ. Polychron. l. 4. c. 31... This Monaſtery which Ranulphus ſpeaks of, is by our Beda called Bamornabyrig lingua Anglorum, in quo (ſays he) tantus fertur fuiſſe numerus Monachorum, ut cum in Septem portiones eſſet cum Praepoſitis ſibi Rectoribus Monaſterium diviſum, nulla harum portio minus quam Trecentos homines haberet, qui omnes de labore manuum ſuarum vivere ſolebant bbBed. Eccl. Hiſt. lib. 2. c. 2.. But concerning Abbots, having nothing to do with them, nor they with us; it being alſo well known what once they were in this Kingdom, p. 47and what now they are where the Pope doth exerciſe his Juriſdiction, it may here ſuffice only to obſerve, That the word [Abbates] hath anciently had a wide and far different ſignification from what we now commonly underſtand thereby; for in and among the Laws of King Aethelſtan, we find the words [quatuor Abbates] to be taken (according to the Gloſſographiſt thereon) for quatuor hebdomadas: That Law directs how and in what manner the Hundred Court ſhall be held; the words are, Hoc eſt judicium qualiter HUNDREDUM teneri debeat: In primis ut conveniant ſemper ad quatuor ABBATES, & faciat omnis homo Rectum alii ccHiſt. Angl. Scrip. Antiq. col. 847.. which the Gloſſary calls Locum plane mendoſum, and by the quatuor Abbates will have quatuor hebdomadas to be underſtood; which is the more probable by what appears in one of the Laws of King Edward, Father of the ſaid Aethelſtan, who began his Reign in An. 901. being the Son of King Alured: the words of which Law are, Volo ut omnis praepoſitus habeat GEMOTUM ſemper ad QUATUOR EBDOMODAS, & efficiat ut omnis homo rectum habeat, & omne placitum capiat terminum quando perveniat ad finem ddIbid. col. 837.By the word [Gemotum] in that place is meant Conventus Publicus, Concilium, but chiefly Placitum, as appears by the 107th Law of King Kanute, made for the indemnity of ſuch as ſhould have recourſe to Tribunals, for their ſafe coming and going to and from Courts of Juſtice. Et volo ut omnis homo pacem habeat eundo ad gemotum,Quam varia ſint gemotorum genera, vid. Equit. Doct. in ſuo Gloſſario. vel rediens de gemoto, id eſt, placito, nifi fit fur probatus. It is a word from the Saxon foreign, convenire, unde Noſtratium, to meet. But this digreſſion the Reader muſt put on the Abbots ſcore, in regard the word [Abbates] gave the occaſion thereof; which may be but a Venial offence, in regard that that Eccleſiaſtical Dignity is with us laid aſide, though their Poſſeſſions had better Fortune; yet when King H. 8. did diſſolve them, he did not only augment the number of Colledges out of the Revenues thereof, but alſo erected divers new Biſhopricks, as at Weſtminster, Oxford, Peterborough, p. 48Briſtol, Chester, and Gloceſter; all remaining at this day ſave that at Westminſter, which being reſtored to its priſtine Inſtitution by Queen Mary, and Benedictines placed therein, was after by Queen Elizabeth converted to a Collegiate Church. In this Chapter there is mention alſo made of Chauntries, Cantaria, or if you pleaſe, Aedes Sacra: ideo Inſtituta & Dotata Praediis, ut miſſa ibidem Cantaretur pro anima Fundatoris & propinquorum ejus. Ita Spelm. Of theſe and Free Chappels about 2374. were diſſolved by King H. 8. to whom they were given by Parliament in the 38th year of his Reign: The Religious Houſes under 200 l. per An. were granted to him in An. 1535. All greater Monaſteries in An. 1538. The Chantery and Free Chappels in An. 1545. Of theſe Chanteries Forty ſeven belonged unto St. Pauls, London.

And as for Annates or Firſt-Fruits, Annates or First-Fruits.it is Hiſtorically reported to us, that they were firſt introduced into England in the time of King Edward the Firſt by Pope Clement, who ſucceeded Benedict. For this Pope Clement after the death of Pope Benedict, was no ſooner Elected and Enthron'd in France, but he began to exerciſe his new Rapines here in England, by a compliance with the ſaid King Edward, in granting him a Two years Diſme from his Clergy for his own uſe, though pretended for the aid of the Holy Laud, that with the more eaſe himſelf might exact the Firſt Frutts of vacant Eccleſiaſtical Benefices to augment his own Revenues, though not within his own Territories. This is ſaid to be the firſt Preſident of any Popes reſerving or exacting Annates or Firſt-Fruits of all Eccleſiaſtical Dignities and Benefices throughout England, extant in our Hiſtories: which, though reſerved but for Two years by the Pope at firſt, yet afterwards grew into a Cuſtome by degrees, both in England and elſewhere. And thus they remained in the Pope until an Act of Parliament entituled the Crown thereunto in the time of King Henry the Eighth, which afterwards were reſtored again to the Pope by Queen Mary; but in the firſt year of Queen Elizabeth p. 49an Act paſs'd for reſtoring the Tenths and Firſt-Fruits to the Crown. Notwithſtanding what ſome Hiſtorians have (as aforeſaid) reported touching the firſt introduction of Firſt-Fruits into England by Pope Clement in the time of King Edward the Firſt, it is moſt evident that they were to be yielded and paid here in England ſome hundreds of years before that time, as appears by the Laws of Ina King of the Weſt Saxons, who began his Reign in the year 712. The Law was this, viz. Primitias ſeminum quiſque ex eo dato domicilio, in quo ipſo Natali die Domini commoratur. Lambert. de Leg. Inae Reg. And by the Laws of King Edgar, who began his Reign in the year 959. it is Ordained in theſe words, Ex omni quidem ingeniorum terra, ipſae Seminum Primitiae primariae penduntor Eccleſiae. Idem de Leg. Edgari Reg. Ipſas autem Seminum Primitias ſub Festum Divi Martini reddito. Ibid. The like you have in the Laws of King Kanute, who began his Reign in the year 1016. Seminum Primitiae ad Feſtum Divi Martini penduntor: ſi quis dare diſtulerit, eas Epiſcopo undecies praestato, ac Regi Ducenos, & viginti Solidos perſolvito. Idem Lamb. It is ſuppoſed, that Boniface Archbiſhop of Canterbury in the Reign of Ed. 3. was the firſt that made way for Popes to Appropriate Annates and Firſt-Fruits in this Kingdom to themſelves; for the ſaid Archbiſhop An. 1246. upon a feigned pretence, that his Church of Canterbury was involved in very great Debts by his Predeceſſor, but in truth by himſelf, to carry on Forein Wars, and gratifie the Pope, procured from Pope Innocent a grant of the Firſt years Fruits of all Benefices,Anon. Hiſt. of the Church of Great Britain, p. 80. that ſhould fall void within his Dioceſs for the ſpace of Seven years, till he ſhould thence raiſe the Sum of Ten thouſand Marks yearly out of the Biſhoprick. So that this Grant of Firſt Fruits of Benefices to Boniface the ſaid Archbiſhop, made way for Popes Appropriating Firſt-Fruits and Annates to themſelves ſoon after. But in proceſs of time the Parliament having (as aforeſaid) ſettled them on King H. 8. there was an Office thereof eſtabliſhed in London, An. 1538. p. 50whereby the Kings Revenue increaſed exceedingly from this Office for the receipt of Tenths and Firſt-Fruits, which was then firſt erected in London; ſuch Moneys being formerly paid to the Pope, for that the Tenths and Firſt-Fruits of the Engliſh Clergy were yearly return'd to Rome. But now the Pope being dead in England, the King was found his Heir at Common Law, as to moſt of the Power and Profit he had uſurped, and the Rents which the Clergy paid were now changed together with their Landlord; for Commiſſioners (whereof the Biſhop of the Dioceſs was ever one) were appointed to eſtimate their Annual Revenues, that ſo their Tenths and Firſt-Fruits might be proportioned accordingly. At this time the Oblations from the Living,An Obit was at 40 s. in St. Pauls London; yet at Waltham Abbey, but at 2 s. 2 d. received by the Church-wardens. and Obits from the Dead, were as duly paid as Predial Tithes, and much advanced the Income: but Queen Mary did after by Act of Parliament exonerate the Clergy from all theſe Firſt-Fruits, and ordered the payment of the Tenths to Cardinal Poole, for diſcharge of Penſions allowed to certain Monks and Nuns; but Queen Elizabeth in the firſt year of her Reign reſumed theſe Firſt-Fruits and Tenths, only Perſonages not exceeding ten Marks, and Vicarages ten Pounds, were freed from Firſt-Fruits. vid. Stat. 1 Eliz. cap. 4.

That which in the method of the enſuing Treatiſe next offers it ſelf to conſideration,Altarage. is Altarage; Altaragium, taking its denomination from the Altar, becauſe (to ſpeak properly) Altargium eſt Emolumentum Sacerdoti provenieus ratione Altaris, ex Oblationibus ſc. vid. Jo. de Athon. in Constit. Legatim. Otho. c. Auditu ver. Proventus. Touching this Altarage, there is an Ancient Record in the time of King H. 3. about the year 1234. in the Chronicle of William Thorne the Auguſtine Monk of Canterbury, whereof (among other things) there is mention made in a certain Compoſition between Edmond Archbiſhop of Canterbury and the Abbot of St. Auſtins in Canterbury, as to whom it may be paid, and to what value it may extend: The Compoſition runs thus, viz. Noverint univerſi praeſens Scriptum p. 51inſpecturi vel audituri, Quod cum inter Dominum Ed mundum Dei gratia Cantuarienſem Archiepiſcopum totius Angliae Primatem, Magiſtrum S. de Langeton, Archidiaconum Cantuarienſem ex una parte, & …minum Robertum Abbatem & Conventum S. Auguſtini Cantuariae ex altera, Controverſia diutius mota fuiſſet ſuper Eccleſia de Chiſtlet & Juriſdictione, &c. Item pro bono pacis concedunt Abbas & Conventus, quod Archidiaconus quando Viſitationis exercet Officium, in Eccleſiis eorum ſicut in aliis Eccleſiis Dioceſis Cantuarienſis recipiat Procurationem conſuetam, exceptis, &c. In Capellis vero de Menſtre ſcil. Sanct. P. & Johannis, & Laurentii praeſentabunt Domino Archiepiſcopo idoneos Capellanos perpetuos ad Altaragia, ita tamen quod ſingula Altaragia valeant decem Marcas, qui hac portione tantum erunt contenti ſub poena amiſſionis dictae portionis, Hiſt. Angl. Scrip. Antiq. col. 1882, 1883.ſi coram Judice quocunque ex certa ſcientia plus aliquando petierint, praeſertim cum Vicarius Matricis Eccleſiae de Menſtre, &c. Whereby it is very evident, That theſe Altarages iſſued out of the Offerings to the Altar, and were anciently payable to the Prieſthood, as well as Tithes and other Oblations. It is moſt probable, that the greateſt Annual Revenue by Altars, if not by Altarages, in any one Church within this Realm, was in that of St. Pauls, London; for it ſeems when Chanteries were granted to King Henry the Eight, whereof there were 47 belonging to St. Pauls, as aforeſaid, there were in the ſame Church at that time no leſs than Fourteen ſeveral Altars: Full. ch. Hiſt. lib. 6. p. 352.And although they were but Chantery-Prieſts that Officiated at them, and had their Annual Salaries on that account, diſtinct from Altarages in the ſenſe of Oblations aforeſaid, yet in regard theſe Annual Profits accrued by their Service at the Altar, they may not improperly be termed Penſion-Altarages, though not Oblation-Altarages.

Concerning Tithes, Tithes.whether they are eo nomine due and payable now under the Goſpel, is not to our purpoſe either to queſtion or determine; it will be agreed on all hands, that the Law requires the payment thereof, and p. 52hath ſtated it within the cognizance of the Eccleſiaſtical Juriſdiction. Hiſtorins of good credit and great Antiquity tell us, That Aethelwolfe King of the Weſt-Saxons gave the Tenth part of his Kingdom unto God, whatever his deſign was by it, whether for the Redemption of his and his Anceſtors Souls, or otherwiſe, yet it is now above 800 years ſince he Decimated totum Regni ſui Imperium; An. 855. Aethelwolphus Rex Decimam totius Regni ſui partem ab omni Regali ſervitio & tributo liberavit, & in ſempiterno graphio in Cruce Chriſti, &c. uni & trino Deo immolavit. Simeon. Dunelm. Hiſt. de Geſt. Reg. Angl. Likewiſe Aethelſtan, who Reigned about 70 years after Aethelwolfe, in the firſt of all his Laws made ſpecial proviſion for the punctual payment of Tithes, Ego Adelſtanus Rex, &c. Mando Praepoſitis meis omnibus in regno meo, &c. ut in primis reddant de meo proprio Decimas Deo, tam in vivente captali quam mortuis frugibus terrae, & Epiſcopi mei ſimiliter faciant de ſuo proprio, & Aldermanni mei & Praepoſiti mei. Et volo ut Epiſcopi & Praepoſiti hoc judicent omnibus, qui eis parere debent, &c. Recolendum quoque nobis eſt, quam terribiliter in Libris poſitum eſt, Si Decimam dare nolumus, ut auferantur à nobis Novem partes, & ſolummodo Decima relinquatur. This AEthelstan dying without Iſſue was ſucceeded in the Kingdom by his Brother Edmond, in the Second of whoſe Laws we find it thus Enacted, in a great Synod conven'd at London, where Odo and Wolſtan Archbiſhops were preſent, Decimas Praecipimus omni Christiano ſuper Chriſtianitatem ſuam dare, &c. Si quis hoc dare noluerit, Excommunicatus ſit. And in the Firſt of King Edgar's Laws you have theſe words, Reddatur omnis Decimatio ad Matrem Eccleſiam cui Parochia adjacet. Alſo in the Fourth of King Ethelred's Laws it is commanded in theſe words, Praecipimus ut omnis homo, &c. det rectam Decimam ſuam, ſicut in diebus Anteceſſorum noſtrorum fecit, quando melius fecit, hoc eſt, ſicut aratrum peragrabit decimam acram. Et omnis Conſuetudo reddatur ad Matrem noſtram Eccleſiam cui p. 53adjacet. Et nemo auferat Deo, quod ad Deum pertinet, & Praedeceſſores noſtri conceſſerunt. And in the Ninth of King Alured's Laws, Si quis Decimam contra teneat, reddat LASHLITE cum DACIS,Daeis pro Danis. Laſhlite, h. e. Muleta quinque Marcaruma Wita, j.e. Mulcta 30 Solidorum. Secundum Gloſſar. Hiſt. Angle. Seriptores Decem. WITAM cum ANGLIS. And in the Laws of the Conquerour it is particularly Ordained, That de omni annona Decima garba Deo debita eſt, & ideo reddenda. Si gregem Equarum habuerit, pullum reddat decimum; qui unam tamen vel duas habuerit, de ſingulis pullis Singulos denarios. Similiter, qui Vaccas plures habuerit, decimum vitulum: qui unam vel duas, de Vitulis ſingulis Obolos ſingulos. Et qui Caſeum fecerit, det Deo decimum; ſi vero non fecerit, Lac decima die. Similiter decimum Agnum, decimum Vellus, decimum Caſeum, decimum Butyrum, decimum Porcellum. Item, de Apibus vero Similiter Commodi. Quinetiam de boſco, & prato, & aquis, de molendinis, parcis, vivariis, piſcariis, virgultis, & hortis, & Negotionibus, & de omnibus rebus quas dederit Deus, decima pars ei reddenda eſt, qui Novem partes ſimul cum Decem largitur. Qui eam detinuerint, per Juſtitiam Epiſcopi, & Regis ſi neceſſe fuerit, ad redditionem arguantur. It is on good ground that the Canoniſts do hold, That Tithes Originally and ex ſua natura are of Eccleſiaſtical cognizance, beſide the Statute of primo R. 2. That purſuit for Tithes ought, and of ancient time did pertain to the Spiritual Court, notwithſtanding what others aſſert, That in their own nature they are a Civil thing, and that (as Bract. lib. 5. fol. 401.) they were annexed to the Spiritualty.

In the Chapter of Tithes in this enſuing Abridgment you find the Order of Cistercians, ſo called from Ciſtercium in Burgundy, being but refined Benedictines, exempted from paying of Tithes: ſo alſo were the Orders of Templers and Hoſpitallers, otherwiſe called of St. John's of Jeruſalem; for anciently the Lands of Abbies did pay Tithes to the Pariſh-Prieſt as well as the Lands of Lay-men, but in the year 1100 they obtained (beſides the Appropriations they then had) of Pope p. 54Paſchal the Second at the Council of Mentz, that their Lands for the future ſhould be diſcharged thereof. But this Exemption was after limited and reſtrained by Pope **P. Adrian 4. was an Engliſh man, and had been a Benedictine Monk of St. Albans.Adrian the Fourth about the year 1150. (excepting the Tithes of new improvements in their own occupation by culture, Paſture and Garden-Fruits)††Vid. Alex. 4. in 6. de dec. c. 2. Statuto. & Innoc. 8. To. 2. p. 4. 10. Edit. Colon. only the ſaid Three Orders were exempted from the general payment of all Tithes whatever. The Templers and Hoſpitallers were meer Lay-men, yet they were exempted as well as the other: Yet the Lateran Council in An. 1215. Ordered, That this Priviledge ſhould not extend to Covents erected ſince that Lateran Council, nor to Lands ſince beſtowed on the ſaid Orders, though their Covents were erected before that Council. Inſomuch that when the ſaid Cistercians, contrary to the Canons of that Council, purchaſed Bulls from the Pope to diſcharge their Lands from Tithes: King H. 4. Null'd ſuch Bulls by the Stat. of 2 H. 4. cap. 4. and reduced their Lands to a Statu quo. Theſe Exemptions from payment of Tithes in this or that particular Religious Order, was not known in the World, when Aethelwolph Son of Egbert, whom he ſucceeded as King of the Weſt-Saxons, gave (as aforeſaid) Tithes of all his Kingdom, and that freed of all Tributes, Taxes, and Impoſitions, as appears by his**Vid Ingulph. & Malmesb. Geſt. Reg. lib. 2. cap. 2. Charter to that purpoſe; having at a Solemn Council held at Wincheſter, ſubjected the whole Kingdom of England to the payment of Tithes. True it is, that long before his time many Acts for Tithes may be produced, ſuch as the Imperial Edicts, Canons of ſome Councils and Popes, beſide ſuch Laws as were made by King Ina and Offa; yet the ſaid Edicts and Canons were never received in their full power into England by the conſent of Prince and People, nor were King Ina and Offa (though Monarchs of England, as it were, in their turns) ſuch Kings as conveyed their Crowns to the Iſſue of their Bodies, but the ſaid Aethelwolph was Monarcha, Natus, non factus; and although before his time there were Monarchs of the Saxon Heptarchy, yet not ſucceſſive and fixed in p. 55a Family; but the ſaid King Egbert, being the firſt that ſo obtained this Monarchy, as to leave it by deſcent unto his Son, the ſaid Aethelwolph, he thereby had the more indiſputable power to oblige all the Kingdom unto an obſervance of the ſaid Act.

In the ſaid Chapter of Tithes there is alſo mention made of Mortuaries, Mortuaries.as having ſome relation of Tithes, wherein is ſhewed what it is, when, by and to whom, and wherefore to be paid. By the Stat. of 21 H. 8. they are reduced to another Regulation, than what was in the time of King Henry the Sixth. A Mortuary was then the Second beſt Beaſt whereof the party died poſſeſſed; but in caſe he had but two in all, then none due. It was called a Corſe-Preſent, becauſe ever paid by the Executors, though not alwaies bequeathed by the dying party. All perſons poſſeſſed of an Eſtate, (Children under Tuition, and Femes Covert, but not Widows, excepted) were liable to the payment thereof to the Prieſt of that Pariſh, where the dying party received the Sacrament (not where he repaired to Prayers;) but in caſe his Houſe at his death ſtood in two Pariſhes, it was then divided betwixt them both: And it was given in lieu of Perſonal Tithes, which the party in his life time had through ignorance or negligence not fully paid—Lindw. Conſ. de Conſuetud. Such of the ancient Lawyers as were unacquainted with this word Mortuarium in the aforeſaid ſenſe as we now uſe it, took Mortuarium only pro derelicto in morte, & ſay of it, That it is Vocabulum novum & harbarum; but we underſtand it better, where of Cuſtome it is due and payable. Theſe Mortuaries, where by the Cuſtome they are to be paid, were ever in conſideration of the omiſſion of Perſonal Tithes in the parties Life-time, which Perſonal Tithes were by the Canon Law to be paid only of ſuch as did receive the Sacraments, and only to that Church where they did receive them, as may be inferr'd plainly from cap. Ad Apoſtolicae de Decimis. But obſerve, ſays Leſſius, that in many places theſe Perſonal Tithes have been quite taken away, and in ſome places they are paid p. 56only at the end of a mans Life, as among the Venetians, (which manner of payment ſeems to have a great reſemblance to theſe Mortuaries;) and in ſome places they are paid only ot the end of the year. And in like manner many Predial and Mixt Tithes in divers places are alſo aboliſh'd; which (ſays he) is for the most part done by the permiſſion of the Church, where men have been obſerved to pay them with regret and much againſt their minds, nor hath the Church in ſuch caſes thought fit to compel them to it, on purpoſe to avoid ſcandal. Leſſius de Juſt. & jur. lib. 2. cap. 39. Dub. 5. nu. 27. And in ſuch places where the Cuſtome is to pay a Perſonal Tithe, when any perſons ſhall Hunt, Fiſh, or Fowl to make gain or merchandize thereby, and it be neglected to be paid,Vid. Leſſ. de ma. acq. dom. lib. 2. c. 5. Dub. 7. nu. 38. whether Reſtitution or Compenſation by way of a Mortuary (where Mortuaries are Cuſtomable) be in that caſe due by Law, is a Queſtion, which by Covarruvies may be well held in the Affirmative.

Although the face of the Church as well as State began to look with a purer (though leſs Sanguine) complexion,Banns. when Queen Elizabeth adorn'd the Crown, than when her Siſter wore it, yet even in Queen Elizabeths time there crept ſuch abuſes into the Church, that Archbiſhop Parker found it neceſſary to have recourſe unto the Power given him by the Queens Commiſſion, and by a Clauſe of the Act of Parliament, For the uniformity of Common Prayer and Service in the Church, &c. whereupon by the Queens conſent, and the Advice of ſome of the Biſhops, he ſets forth a certain Book of Orders to be diligently obſerved and executed by all perſons whom it might concern; wherein it was Provided, That no Parſon, Vicar, or Curate of any Church Exempt, ſhould from thenceforth attempt to conjoyn, by ſolemnization of Matrimony, any, not being of his or their Pariſh-Church, without good Teſtimony of the Banns being ask'd in the ſeveral Churches where they dwell, or otherwiſe were ſufficiently Licenſed. Heyl. Hiſt. of Q. Eliz. An. Reg. 3. Banns or Banna, that word Bannum is ſometimes taken pro Mandato, ſcil. Edicto; it p. 57is a word of divers ſignifications, as appears almoſt by all the Gloſſographiſts and Feudiſts; it ſounds ſometimes like Edictum, ſometimes like Mandatum or Decretum, and ſometimes (as here) like Proclamatio, Saxonibus gebann, whence there is their gebannian pro Proclamare, edicere, mandare, ut & noſtratium Bannes, pro Nuptiarum foedere Publicato. This Publication of Banns was cautiouſly ordain'd for the prevention of Clandeſtine Marriages, which were prohibited in this Kingdom above 500 years ſince, as a thing contrary in all Ages to the practice of all Nations and Churches where the Goſpel was received; and therefore at a Council conven'd at Weſtminſter in the year 1175. by Richard Archbiſhop of Canterbury under the Reign of King H. 2. it was Ordain'd, That no perſon whatſoever ſhould ſolemnize Marriage in any clandeſtine manner, and in caſe any Parſon ſhould have a hand therein, he was to be ſuſpended ab Officio for the ſpace of Three years: Nullus Fidelis cujuſcunque Conditionis ſit, occulte Nuptias faciat, ſed à Sacerdote publice nubat in Domino. Si quis ergo Sacerdos aliquos occulte conjunxiſſe inventus fuerit, triennio ab Officio ſuſpendatur. Can. 17. dict. Concil. It is Recorded by good Hiſtorians, that Anciently in Ireland they were ſo far from Publiſhing theſe Banns before Marriage, that they rejected all Matrimonial Laws whatever, inſomuch that Polygamy was very common amongſt them until the Reign of King H. 2. who ſent Nicholaus his Chaplain, and Radulphus Archdeacon of Landaff into Ireland, where at Caſſell they held a great Council under Pope Alexander; in which Council Three things were ſpecially Ordain'd, the one concerning Baptiſm, to be In the Name of the Father, Son, &c. for till then their Cuſtome was to Dip the Child, as ſoon as it was born, three times in Water, but if it were a Rich mans Child, then in Milk: Another concerning Tithes to be duly paid to Eccleſiaſtical Perſons, for till then many of them ſcarce knew whether Tithes ought to be paid or not: And the third was concerning Marriage, that it ſhould be ſolemnized jure p. 58Eccleſiaſtico, plerique enim (ſays the Hiſtorian) illorum, quot uxores volebant tot habebant. There was alſo a Fourth thing Decreed in that Council, and that was concerning Teſtaments, and diſtributions of the Goods and Chattel of perſons deceaſed.—Chron. Jo. Bromt. de Temp. H. 2.

Within the cognizance of the Epiſcopal or Eccleſiaſtical Juriſdiction are alſo all matters relating to the ſin of Adultery; Adultery.the Biſhops Juriſdiction herein is very Ancient, as appears by the Laws of King Kanute, made above 650 years ſince, in Leg. 80. Si quis Sponſam & Concubinam ſimul habuerit, non faciat ei 'Presbyter aliquid rectitudinum, quae Chriſtiano fieri debent, priuſquam poeniteat, & ita emendet ſicut Epiſcopus injunget. Such Adultery is a kind of double Fornication, according to the definition in the 75th of the ſame Laws, Adulterium eſt, ſi Sponſus cum vacua fornicetur, & multo pejus ſi cum ſponſa alterius. It was a ſtrange and moſt cruel puniſhment that Philip Earl of Flanders, in the time of King H. 2. cauſed to be executed on Walter de Fontibus, taken (as reported) in Adultery with the Counteſs Iſabella: who commanded that he ſhould be beaten to death with blows or ſtrokes of Keys tyed up in bundles; and being dead, his Body to be hung by the Feet on a Fork with the Head downwards, in a place prepared for that purpoſe, there to remain ignominiouſly expoſed to the view of all Spectators. Radulph. de Diceto, Imag. In Spain it is lawful for a man to kill his Wife or his Daughter, taken by him in Adultery. Dr. Taylor.Hist. The puniſhment of an Adultereſs according to the foreſaid Laws of King Kanute was much more favourable; for by the 78th of thoſe Laws ſhe was to loſe but her Noſe and her Ears, Si Mulier, vivente Marito ſuo, faciat Adulterium, & manifeſtetur, &c. ipſa perdat Naſum & Aures. But the Emperour Aurelian is ſaid to have puniſhed it in one of his Souldiers, for committing it with his Hoſteſs, in a way of Cruelty little inferiour to that practiſed by the ſaid Earl of Flanders; for he commanded the heads of two Trees growing nigh together to be bowed down, the Souldiers Legs to be faſt tied thereunto, then to be ſuddenly let go; p. 59whereby he was torn in two parts, the one hanging on the one Tree, the other on the other, and ſo to remain as a terrifying Spectacle to his Army. Buc. Chron. Notwithſtanding what was firſt aboveſaid in reference to what Juriſdiction the cognizance hereof did anciently belong in the daies of King Kanute, viz. That the Offender ſhould make ſuch ſatisfaction as the Biſhops ſhould enjoyn; yet it is evident that after this, viz. in the Conquerors time, Fornication and Adultery were puniſhable in the Kings Temporal Court, and the Leets eſpecially (by the name of Lecherwite,) and the Fines of Offenders aſſeſſed to the King, though now it meerly belongs to the Church, a Preſident whereof we have in the Church of Corinth, which by St. Pauls Command proceeded againſt the Inceſtuous perſon; but as to a Rape, there being force and violence in the caſe, the Temporal Court and Common Law (were there no Statute in the caſe) hath the beſt Right to the trial and puniſhment thereof. By the Conqueror's Laws the puniſhment of Adultery was only pecuniary, Leg. 14. Qui Deſponſatam alteri vitiaverit, Wera, h. e. pretium Nativitatis hominis.forisfaciat Weram ſuam Domino ſuo. Yet in ſome caſes it was Capital, according to the ſaid Conquerors Laws, as in Leg. 37. Si Pater deprehenderit filiam in Adulterio in domo ſua, ſeu in domo generi ſui, bene licebit ei Oure (lege for ſan Occire, Occidere) Adulterum. Lambert. de Priſcis Angl. Legibus.

Foraſmuch as Baſtards and matters of Baſtardy are within the cognizance of the Eccleſiaſtical Juriſdiction,Baſtardy. ſome notice is taken thereof in the next place of this Abridgment. By Baſtard we commonly underſtand prolem ex illicito concubitu procreatam. The moſt Famous of this kind that we meet with in Hiſtory, and that concerns us, was William the Conquerour, of whom Simeon Monachus Dunelmenſis in his Hiſtory ſays, That An. 1035. Obiit Robertus Dux Normandorum, cui ſucceſſit Willielmus Baſtard filius ejus in puerili aetate. Of whom alſo Radulphus de Diceto in ſuis Abbreviationibus Chronicorum on the year 1036. ſays, That p. 60Obiit ROBERTUS Dux NORMANNIAE Frater Tertii RICHARDI, ab JEROSOLIMIS rediens, apud NICEAM Civitatem. Cui ſucceſſit WILLIELMUS BASTARD filius ejus in puerili aetate, qui ANGLIAM postea conquiſivit; pater WILLIELMI Regis RUFI, & HENRICI. It is frequent in Hiſtory to find William the Conqueror Sirnam'd the Baſtard; nor did himſelf in the leaſt diſdain to ſtyle himſelf by that Addition; for in his Epiſtle to Alanus Earl of Britannia Minor, we find him thus ſtyling himſelf, Ego Willielmus cognomento Baſtardus. And no wonder (ſays the Gloſſographer on the ſaid Hiſtorians) when the Title or Name of Baſtard in thoſe days was uſed by ſome as a mark of Honour; the which he is the rather induced to believe, for that (vocis derivationem Kilianam amplectens) ſcil. a best-aerd, that is, optima indoles ſive natura, there is no cauſe of being aſhamed thereof: Illegitimo enim (ſays he) & furtivo concubitu procreati, animo plerunque ſunt alacri & elato, ingenio ſagaci, & judicio exacto: hanc (inquam) vocis originationem potius probarem, cum in caeteris nulla ſit gloriandi cauſa. By the Canon Law a Baſtard is prohibited from taking Orders, as alſo from having an Eccleſiaſtical Benefice. c. 1. & per tot. De filiis Presbyt. The ſaid Prohibition is grounded by that Law on Deut. 23. Non i… gredietur Manzer, hoc eſt, de Scorto Natus, in Eccleſi…m Domini uſque ad decimam generationem. Yet the Pope doth uſually diſpence with that Canon, ſpecially where ſuch Illegitimates live commendably, and follow not the vicious practice of their Parents; In illis qui paterna vitia non ſequuntur, poſſunt ſuffragari virtutes, quae inducent S…mmum Pontificem ad Diſpenſandum, ſi morum honestas eos. Commendabiles reddat. c. Presbyterorum 56. Diſtin. And leſt ſuch ſhould conceive themſelves cauſleſly injured by that Prohibition, the Canoniſts aſſign three Reaſons for it; the one is the Dignity of the Clergy and the Sacraments, which ought not to be committed to Infamous perſons: Another is in deteſtation of their Parents Crime, which p. 61commonly extends alſo to their Children: The third is the Parents Incontinency, and becauſe the Children do for the moſt part inherit their Parents Vices.—cap. Si gens Angelorum. 56. Diſtin. Yet a Modern Hiſtorian ſpeaking of Pope Leo the Seventh, An. 935. ſays (out of Luitprandus) that Bozon Biſhop of Placentia, Theobald of Millain, and another great Prelate, were all the Baſtards of Hugo King of Italy by his three Queens Bezola, Roſa, and Stephana, whom he termed Venus, Juno, and Semalo. vid. Prideaux's Compend. Introduct. of Hiſt. p. 106. Edit. 5.

Next follows the matter of Divorce, Divorce.which is the ſeparation of Married perſons by force of the Sentence of an Eccleſiaſtical Judge qualified to pronounce the ſame. Adultery in either party is the common, though not the only, cauſe of Divorce. Some there are (it ſeems) of great Reputation in the Church (for this is Quaeſtio tam Theologiae quam Juris) who poſitively condemn it as unlawful for a Man or Woman to live with their Husband or Wife reſpectively, if either of them be notoriouſly guilty of Adultery. Of which Opinion was St. Hierom, ſaying, That a man is Sub maledictione ſi Adulteram retineat. In Matth. 19.Matt 19And St. Chryſoſtome, Fatuus & iniquus, qui retinet Meretricem; Patronus enim Turpitudinis est, Cauſ. 32. q. 1. c. Sicut.qui celat Crimen uxoris. So that it was none of Cato's wiſdom, nor any great piece of kindneſs done his Friend Hortenſius, to lend him his wife Martia, whoſe Chaſtity deſerv'd a better requital. Socrates alſo is reported to be as kind-hearted in this matter, as ever Cato was; and they are both ſaid to lend their Wives as freely as a man lends an Utenſil: As theſe Wife men were beyond the reach of a Diovorce, ſo they were more ſerious than to bluſh at Cornutiſm, the common Fate of ſuch Philoſophers. St. Baſil was of Opinion, That it was lawful for a Woman ſtill to cohabit with an adulterous Husband; to which purpoſe he made a Canon, and commanded it to be done in his Church, as appears in his Epiſtle to Amphilochius, 1. Can. 9. & 21. This alſo was the Sentence of St. Auſtin to Pollentius, p. 62and in his Book de Adulterinis Conjugiis. David received his wife Michal, who had lived with another man. St. Baſil it ſeems, though he be of opinion that the Woman ſhould ſtill live with the Adulterous Husband,Vid. Dr. Taylor Caſes of Conſc. lib. 1. c. 5. nu. 9. yet does not think it fit, that the man ſhould be ſo obliged as to his Adulterous Wife. The Council of Eliberis refuſed to give the Sacrament to a Clergy-man, that did not inſtantly expel from his houſe his Wife whom he knew to commit Adultery: And by the Council of Neo-Caeſarea he was to be depoſed from his Dignity in the ſame caſe. In the Council of Trent there was a Canon made, having an Anathema added to it, which condemned thoſe that ſay, That the Bond of Marriage is diſſolved by Adultery, Trent. Concil. lib. 8. 1563.and that either of the parties may contract another Matrimony whilſt the other liveth: And by the Fifth Anathematiſm of that Council, 22. July 1563. were condemned Divorces allowed in Juſtinian's Code: which Anathematiſm was added at the inſtance of the Cardinal of Lorain, to oppoſe the Opinion of the Calviniſts. In the ſame Council upon the Article of Divorce, Father Soto.it was ſaid by one of the Fathers there, that the Matrimonial Conjunction was diſtinguiſh'd into Three parts; the Bond, the Cohabitation, and the Carnal Copulation: inferring, that there were as many Separations alſo: and that the Eccleſiaſtical Prelate had power to ſeparate the Married, or to give them a Divorce in reſpect of the Two latter,Concil. Trent. lib. 7. the Matrimonial Bond ſtill ſtanding ſure, ſo that neither can marry again. Yet the Goſpel admits but of one cauſe of Divorce, viz. Fornication, which ſhould ſeem to be underſtood de Vinculo, becauſe Divorce in the other reſpects may have many Cauſes.

Of all Perſonal Actions within the Eccleſiaſtical Cognizance,Defamation. that of Defamation ſeems to be of the tendereſt concern, if that be obſerved which Solomon ſays, That a Good Name is to be choſen before great Riches; Prov. 22. 1.Prov 22:1where by Name, nothing can be underſtood other than a mans Credit, Fame, and Reputation in the World: So that the Inference is clear, a Defamer is the worſt of p. 63Thieves, the Sacrilegious ones excepted; yet were it not for the ſweetneſs of Revenge, and the encouragement of the Law, ſuch Actions might be better ſpar'd than what it coſts to maintain them; and ſuch illſcented Suits do ſavour worſe being kept alive in a Tribunal, than they would by being buried in Oblivion, ſpecially if the Defamed conſidered, that to forget Injuries is the beſt uſe we can make of a bad Memory. This Defamation is not properly that, which we call Detractio, for Detractio in its proper ſignification is alienae famae occulta & injuſta violatio; but Defamation, though it be an unjuſt, yet it is not an occult violation of another mans Fame or Reputation; they have indeed both the ſame end, but they do not both take the ſame way to that end: they both aim and deſign the extinguiſhing or diminiſhing the Credit and Repute which one man hath in the mind and good opinion of another; but the one doth it more openly and publickly, at leaſt not in ſo clandeſtine way as the other. This Defamatio is of near affinity to that which we call Contumelia, which is an unlawful violation of a perſons Honour and Reputation by undecent and falſe Speeches, Geſtures, or Actions, on purpoſe to diſgrace him: only in this alſo they differ, that Defamatio may be of one man to another in the abſence of the Defamed; but Contumelia is not but to the party preſent, vel abſenti tanquam praeſenti, that is, in the prrſence of ſuch as have a relative repreſentation of the perſon Contumeliouſly ſo reproached. Touching Actions of Defamation there are two Queſtions raiſed, rather by the Caſuiſts than Canoniſts; the one, Whether the Heirs of the Defamer be obliged to make reſtitution of Dammage to the Defamed, in caſe the Defamer died before ſatiſfaction made? the other, Whether ſatisfaction for the dammage done by Defamation, be to be made to the Heirs of the Defamed, in caſe he died before ſuch dammages were recovered by him? Although both theſe Queſtions are anſwered in the Negative by that known Rule in Law, Actio perſonalis moritur cum perſona; p. 64the Reaſon being, becauſe the Obligation ariſing thence is meerly Perſonal, & non est ad aliquid dandum, ſed ad aliquid agendum; yet Navar. Adria…. and others, who hold the contrary, will not be ſo anſwered; for though they agree the Rule of Law, yet they deny the foreſaid reaſon of that Rule to hold in this caſe, for (ſay they) the obligation in this caſe is not purely and meerly Perſonal, as is commonly ſuppoſed, but doth quodammodo affect the Eſtate of the Defamer, whether alive or dead: He gives an Inſtance, A man ſets his Neighbours Houſe on fire, and dies; his Heirs ſhall make good the dammage done by that fire: A mans Good Name and Reputation is far more precious than his habitation: he that conſumes that Good Name and Credit without cauſe, ſhall refund the dammage out of his Estate, and death it ſelf (before ſatisfaction made) ſhall not excuſe his Heirs. vid. Navarr. c. 18. nu. 45. & Adrian. quodlibet 11. So likewiſe as to the other Queſtion, Ʋtrum defuncto ſit Fama reſtituenda? there are who hold it in the Affirmative, Quia Fama eſt bonum, quod homo etiam poſt mortem cenſetur poſſidere. But when all is ſaid (for ſome will ſuperabound in their own Judgments) the ſaid Rule of Law muſt ſtand void of all Exceptions, and hold good and applicable to the Premiſes, That Actio Perſonalis moritur cum perſona.

Among all thoſe horrid Offences whereby the Church is or can be violated,Sacriledge. that of Sacriledge ſeems to look with the blackeſt face; which, though as a Felonious act, may fall under a Temporal cognizance, yet the Canon Law concludes it as a thing in its own nature properly ſubjected to the determination of the Eccleſiaſtical Juriſdiction.An. …4. It is now nigh a Thouſand years ſince Withred King of Kent conven'd a Synod, wherein Brithwa…d Archbiſhop and Primate of all Britain was Preſident: In which Synod it was ſo long ſince declared in theſe words,Ex M S. in Colleg. C. C. Cant. Chron. …. viz. Horrendum est hominibus Deum vivum expoliare, tunicamque ejus & haereditatem ſemdere. By the Laws of Alured King of the Weſt-Saxons, Leg. 7. the Sacrilegious perſon was to loſe that hand p. 65wherewith he did the Fact, Si quis in Eccleſia furetur aliquid, amputetur manus de qua furatus eſt. In the time of Queen Elizabeth there were a Sacrilegious kind of Church-Plunderers, who under pretence of aboliſhing Superſtition, demoliſhed Ancient Tombs, raz'd the Epitaphs and Coat-Armours of moſt Noble Families, and other Monuments of venerable Antiquity, took the Bells out of Churches, and uncovered the Roofs of Churches by plucking off the Lead; but theſe Birds of Prey had their wings ſoon clip'd by the ſaid Queens Proclamation, which was effectually put in execution for the reſtraint of ſuch Sacrilegious Rapines: King Guthred, who by St. Cuthbert's Command was in Childhood taken out of a Servile eſtate and made King of Northumberland about the year 890, made ſuch an Edict againſt the Sacrilegious perſons as thunder'd them all into Hell, Graviſſimae maledictionis Anathemate percuſſit, ut cum Juda Proditore Domini, damnationis ſententia feriantur. Simeo. Hiſt. de Dunelm. Eccl. Nor are Korah and his Confederates the only perſons whom the Earth interr'd alive for their Rebellion againſt the Sacerdotal Function; for (if you will credit Tradition) the like hath ſince happened in the caſe of Sacriledge to the Scotch Army, which in the ſaid Guthred's time had no ſooner (according to their Modern Practice) fleec'd the Church of Lindisfarne nigh Tweed, to tunick their Longſhanks, but the Earth greedily opened her mouth, and devour'd theſe Devourers, at that very inſtant when they were all ready to engage in a Battel with the ſaid King of Northumberland. dict. Sim. ibid. But not to rake up Antiquity for diſcovery of what Legends and Romances lie under the Aſhes thereof; this is as well True as Chronicled, That King William Rufus was Caſu fortuito, non voluntarie, darted to death inſtead of a Stag by a certain Franck, one Walter Tyrell, in the ſame place, which his Father the Conqueror had Sacrilegiouſly diſeccleſiated for more than 30 Miles, to Foreſt it into Speluncas latronum & luſtra ferarum. This was a real Sacriledge in a Victorious Monarch, which added p. 66little to the Credit of his Conqueſts; but that in Pope Boniface the Seventh (if Hiſtorians do not bely him) was a Perſonal Sacriledge, who when he underſtood that the Roman Citizens conſpired againſt him, took with him all the Jewels of the Church of St. Peter and fled to Conſtantinople, where he converted the ſame into money for the proper uſe of his Sacrilegious Holineſs.

Another groſs offence,Simony. and little inferiour to the former, within the Cognizance of the Church, is Simony, or that Art Magick whereby Parſons, ſcarce worth the name of Perſons, as the Devil did into our Natural Mother inſenſibly, ſo they Serpentine themſelves into our Spiritual Mother, the Church viſible, inviſibly. Hildebrand, or by an alias Pope Gregory the Seventh, Conven'd a Synod General againſt Church-purchaſers and buyers of Eccleſiaſtical Livings, and againſt ſuch Biſhops as from the hands of Kings or Emperours, receive the inveſture of their Biſhopricks per traditionem Annuli & Baculi; he ſaid, That Quiſquis Epiſcopatum mercatur, contra Spiritum Sanctum, qui donum Dei dicitur, facit. He likewiſe made a Decree in the year 1074, That not only the Buyer and Seller of any Eccleſiaſtical Office, but whoever alſo that is conſenting thereunto, ſhall be damned with Simon Magus. Simeon Dunelm. Hiſt. de Geſt. Reg. Angl. It is unavoidable, for the Pope, who hath the Keys of Hell by his girdle, hath ſo Decreed it. But Pope Gelaſius was in this matter better natur'd by far, for he left ſome place for Repentance, and proceeded not an inch beyond a Reverſable Anathema; Si quis vendiderit, aut emerit vel per ſe, vel per alium, Epiſcopatum, Abbatiam, Deconatum, Archidiaconatum, Presbyteratum, Praepoſituram, Praebendam, Altaria, vel quaelibet Eccleſiastica Beneficia, Promotiones, Ordinationes, Conſecrationes, Dedicationes Eccleſiarum, Clericalem tonſuram, Sedes in choro, aut quaelibet Eccleſiaſtica Officia, & vendens & emens Dignitatis & Officii ſui ac Beneficii periculo ſubjaceat. Q…d niſi reſipuerit, Anathematis p. 67mucrone perfoſſus, ab Eccleſia Dei quam …aeſit, modis omnibus abſcidatur. The like was Ordain'd by a Council of 300 Biſhops Conven'd at Rome, Pope Calixius the Second being Preſident, viz. Ordinari quemquam per pecuniam in Eccleſia Dei, vel promoveri auctoritate Sedis Apoſtolicae modis omnibus prohibemus. Si quis vero in Eccleſia Ordinationem vel Promotionem taliter adquiſierit, acquiſita careat prorſus dignitate. dict. Simeo. ubi ſupra. The ſame in terminis you have Ordain'd at a Synod Conven'd at Weſtminster An. 1126. in the Reign of King Henry the Firſt, Honorius the Second being then Pope, viz. Sanctorum Patrum veſtigiis inhaerentes, quenquam in Eccleſia per pecuniam ordinari auctoritate Apoſtolica prohibemus.—ibid. And at another Council Conven'd at Weſtminſter in the year 1175. under the Reign of King H. 2. it was Ordain'd, that all Simoniacal Patrons ſhould be deprived of their Right of Preſentation for ever; Nulli liceat Eccleſiam nomine dotalitii ad aliquem transferre, vel pro Praeſentatione alicujus perſonae pecuniam vel aliquod emolumentum, pacto interveniente, recipere. Quod ſi quis fecerit, & in jure vel convictus vel Confeſſus fuerit, ipſum tam Regia quam noſtra freti auctoritate Patrocinio ejuſdem Eccleſiae in perpetuum privari Statuimus. Can. 8. vid. Chron. Gervaſ. de Temp. H. 2. It is Reported of the Emperour Henry, Son of Conradus, that in his youth he accepted of a Silver Pipe from a certain Clerk on this Promiſe and Agreement, That when he ſhould be made Emperour he ſhould beſtow a Biſhoprick on the ſaid Clerk, the which he after did accordingly when he became Emperour; but not long after the Emperour being ſurpriz'd with Sickneſs, and his Diſeaſe increaſing he lay ſenſleſs and ſpeechleſs for three days, and ſo rapt as it were out of the Body, that he lay as one dead, the Biſhops appointed a Three days Faſt for the Emperours Recovery, which having obtain'd, he doth immediately by a Decree of the Council degrade the Biſhop whom he had Simoniacally ſo made for a Silver Pipe; for it was confeſſed by all that heard hereof, That he was among p. 68the Devils during the ſpace of all thoſe Three daies wherein he lay as dead, thoſe Devils all that while darting fiery Flames through a Pipe into his mouth, whereby his whole body became but as one Firebrand, in compariſon whereof our Material Fire here on Earth was but as congeled Ice to it, &c. As you like this, ſo you may have more out of the ſame Infallible Author, viz. Jo. Bromton. in Chronico ſuo. At a Council Aſſembled at Mantua by the Emperour Henry the Fourth in the year 1066. by the Third Canon of that Council it was Ordain'd, That whoſoever was admitted to a Church Office, willingly and wittingly by a Simoniack perſon, ſhould be removed from his Order: And by the Sixth Canon of the ſame Council it was likewiſe Ordain'd, That no Eccleſiaſtical Office or Benefice ſhould be ſold for Money, but freely given. Alſo by the Seventh Canon of the Council at Rome, conſiſting of 180 Biſhops in the year 1180. under Pope Alexander the Third, it was Ordain'd, That no Reward be taken for admitting men to Spiritual Offices, and that no money be taken for Bleſſing them that are Married, or for Adminiſtration of any other Sacrament: For at this time Marriage was counted a Sacrament of the Roman Church. He that Simoniacally enters on an Eccleſiaſtical Living, aim'd at ſomething worth money; he cannot be ſuppoſed to intend principally the Miniſtery of Souls, who comes to that Office inſtructed only with a bag of Money. In Ireland there is a Cuſtome of receiving Oblations at the Baptiſm of Infants; but if the Prieſt ſhall refuſe to Baptize the Infant till he be ſecured of his Money, he is a direct Simoniack, for then he ſells the Sacrament at a price certain. It is Recorded in Hiſtory of Henricus Auceps, that when he fought againſt the Hungarians, he made a Vow to God, That if he would give him Victory, he would purge his Countrey of Simony. Epiphanius.

p. 69The precedent Evils of Sacriledge and Simony are no further puniſhed than as they are reduced into act and practice; but Hereſie, which in the method of the ſubſequent Abridgment next follows, and as within the Eccleſiaſtical Cognizance, is more ſpeculative, having its Seat more in the Head than in the Hand, and conſequently of the more pernicious quality, in regard of its poyſonous venom in theſe more noble parts, the Head and Heart; nor is it only the poyſon of the Soul, fatal in whom it is; but it is alſo the plague and Leproſie of the Soul, dangerouſly infectious to others in whom but very lately it was not. This Hereſie may be defin'd to be a Publiſh'd Opinion, repugnant to the Principles of our Chriſtian Faith, obſtinately maintain'd and perſiſted in by ſuch as profeſs the Name of Chriſt; and ſo Hereticks are diſtinguiſh'd from Atheists and Infidels, properly ſo called, albeit in a ſenſe they have ſomewhat of both the other in them: He ſeems to give it an adequate definition, that made one for it by the true interpretation of the Greek word, Haereſis Graece, Electio Latine, eſt ſententia humano ſenſu Electa, Scripturae Sacrae contraria, palam docta, pertinaciter defenſa: And he ſeems to give the Heretick an apt compariſon, who made one for him by the Mole, which is a Beaſt blind, with a black, but ſmooth outſide, lurking in holes, working under ground, and ſpoyling the beſt Land. In the black Liſt or Catalogue of Hereticks, which you meet with in its proper Chapter of the enſuing Abridgment, you will not find all thoſe Hereſies mentioned by Epiphanius, contr. Haereſ. lib. 2. being purpoſely omitted for brevities ſake, becauſe they were like abortive Births, and continued not long to diſturb the Peace of the Church. Hereſies of old, as of late days, have ever crept into the Church under a double pretence; the one, of zeal to the Glory of God; the other, of a deteſtation of Sin; the Devil would ceaſe to be the Old Serpent, if after ſo many thouſand years experience he were now to learn how to wheedle and deceive the Nations. It is obſervable, that whenever and whereſoever the p. 70Light of the Goſpel hath appear'd in any more than ordinary luſtre and purity, there immediately the Devil hath exerted the utmoſt of his power and policy to obſcure that Light, by cau…ing Clouds of Error to gather in that Element where the Goſpel ſo increaſed in purity and ſplendor; and whenever he deſiſts from this practice, let him no more be ſtyled The Prince of Darkneſs; whence, if Simon Magus were (as ſome ſay) the Father of Hereticks, you may gueſs who their Grandfather is; for according to the infernal genealogy, the Father of Lies muſt needs be the Grandfather of Hereſies.

In this enſuing Abridgment therefore you have one Chapter of Blaſphemy and Hereſie, Blaſphemy.as being alſo within the ſphear of Eccleſiaſtical Cognizance; they are plac'd together, in regard of that affinity they have each to other; for many of them are Coſin-Germans, but one degree of a Lie removed, or rather are Brethren in Iniquity, Joh. 8. 44.John 8:44for they have both the ſame Father, Ye are of your Father the Devil, &c. he abode not in the Truth (ſays our Saviour of the Jews that believed not;) many of whom Blaſphemouſly ſaid of him, That he had a Devil, Joh. 10. 20.John 10:20and was mad: Others of them were foretold of by St. Peter, That they privily ſhould bring in damnable Hereſies, 2 Pet. 2. 1. & 3. 16.2 Pet 2:12 Pet 3:16even denying the Lord that bought them, &c. wreſting the Scriptures unto their own deſtruction. foreign Blaſphemare, that is, convitiis inceſſere, to ſpeak reproachfully and wickedly of God, to aſcribe to the Creature what belongs only to God, vel ab eo removere quod illi convenit, ſays St. Ambroſe, or to preferr a Falſe god before the True God, Rev. 13. 1. This kind of Blaſphemy referrs chieſly to God the Father. There is Blaſphemy likewiſe which referrs to God the Son; ſuch was the Blaſphemy of the Phariſees, when they ſaid of Christ, That he was a man gluttonous, Matth. 11. 19.Matt 11:19and a Wine-bibber, &c. This they might probably ſay out of their ignorance of his Perſon, and therefore a much inferiour Blaſphemy to that againſt the Holy Ghost, which is ever againſt Conſcience, and out of p. 71Envy and Malice. Bartolus is of opinion, That there is a Blaſphemy alſo which referrs to Men. Bart. in l. Item apud, § ait Praetor. ff. de Injur. But this is not that Blaſphemy here intended, although that Opinion ſeems to be back'd with good Authority, 1 Cor. 4. 13. & Tit. 3. 2. yet St. Auſtin, who underſtood this matter better than Bartol, was of another opinion, Eſt autem Blaſphemia (ſays he) cum aliqua mala dicuntur de bo…is. Itaque jam vulgo Blaſphemia non accipitur, niſi mala verba de Deo dicere. De hominibus namque dubitari poteſt: Deus vero ſine controverſia bonus eſt. D. Auguſt. in lib. de Morib. Manichaeor. cap. 11. It is but a weak illuſtration of the matter, to ſay Quod in homines est Contumelia, hoc in Deum eſt Blaſphemia. It may formally be defined to be an Injurious and Contumelious Speech againſt God: It is diametrically oppoſed to Divine Praiſe; and both theſe may be as well Internal, of the Heart, as External, of the Mouth, for in Gods Omniſciency there is the language of the Heart, as well as of the Lip; and there may be Blaſphemy in the one, as well as of the other.Levit. 24.Lev 24 By the Levitical Law the Blaſphemer was to be ſtoned to death. By the Civil Law he was likewiſe to die for it. Authen. ut non Luxurientur. in fin. But this Penalty in thoſe daies by reaſon of a defect of Religion and Juſtice is not inflicted, ſays Lucas de Penna, in L. omnes. C. de Delatorib. & Jul. Clarus. § Blaſphemia, nu. 3. yet Blaſphemers of the higheſt rank are at this day put to death in ſome places, in others they are condemn'd to the Oars, in ſome places they are Baniſh'd, in others they have their Tongues cut off, or a hole bored through with an hot Iron, ut refert Clarus. By the Canon Law ſolemn Penance was anciently enjoyn'd to Lay-Blaſphemers. c. 2. de Maled. But this is not now in uſe. The Council of Lateran under Pope Leo the Tenth, Commanded that ſuch Blaſphemers ſhould not be abſolved in foro Conſcientiae abſque graviſſima poenitentia. dict. Concil. Seſſ. 9. §. Ad abolendum. There are ſome who would have Hereſie to be a kind of Blaſphemy; Hereſie.doubtleſs there are ſome p. 72Hereſies that are very Blaſphemous; but Hereſie in ſui natura is quite another thing; for as Blaſphemy is de Deo male dicendo, ſo Hereſie is de Fide Catholica male eligendo; for the word Haereſis is derived foreign, Eligo, whence they are underſtood as Hereticks, who departing from the true Catholick Faith of Chriſt aliam ſectam Eligunt. Some there are, who would have all Hereticks to be divided into the Major and the Minor; by the Major they will have to be underſtood all thoſe qui nominatam haereſin praedicant, ſuch of old were the Manichaeans, Arrians, Eutychians, Samaritans, Ophites, Donatiſts, Priſcillianiſts, and the like: By the Minor, thoſe qui haereſin innominatam defendunt. Droſaeus in Method. Jur. Thus the Philoſophers of old had their Sects alſo among them, & unuſquiſque ſibi aliquod genus diſciplinae ac Sectae proprium elegit; there were various Factions among them, which by the Greeks were termed Hereſies, but by the Latins, Sects. Among the Ancient this word Hereſie was not ſenſed in that odium as now with us, nor the word Secta among the Latins; St. Paul himſelf ſpeaks of it in one place as in a ſenſe almoſt indifferent, Act. 26. 5. Notwithſtanding it is well known, that the Holy Scripture generally underſtands and ſpeaks of it in peſſimam partem; ſo in Tit. 3. 10. A man that is an Heretick after the firſt and ſecond Admonition reject: And in 1 Cor. 11. 19. There muſt be Hereſies among you, that they which are approved, may be made manifeſt: And in Gal. 5. 20. Hereſies are numbred among the works of the Fleſh: And in 2 Pet. 2. 1. they are called Damnable Hereſies. By the Civil Law an Heretick can neither make a Teſtament, nor receive any benefit by a Teſtament. L. fin. C. de Haereticis. And if you will believe Tho. Aquinas (as in this you very ſafely may) all Hereticks by robbing the Holy Scriptures of the Truth to eſtabliſh their pernicious Lies, are guilty of a kind of Sacriledge; and by Fathering ſuch Lies on God, tacitly of Blaſphemy. Aquin. ar. 2.

p. 73In the One and fortieth Chapter of the enſuing Treatiſe you have a brief Catalogue of the Councils according to our computation,Councils. here you have them more ſuccinctly according to the Roman Account: Sebaſtus, a Judge in Theſſolonica, in the time of Conſtantinus Harmenopulus ſays, That ſome of the Eccleſiaſtical Canons were of the Holy Apoſtles, others of the Seven Oecumenical Councils, others of particular Synods, and others of certain **If by certain Fathers of the Church are here meant any of the Popes, obſerve what B. Taylor ſays; It is no trifling Conſideration (ſays he) that the Body of the Canon Law was made by the worſt and moſt, Ambitious Popes: Alexander the Third, who made Gracians Decree to become Law, was a Schiſmatical Pope, an Antipope, and unduly Elected: The reſt were Gregory 9. Boniface 8. Clement. 5. John 22. perſons Ambitious, and Traytors to their Princes. B. Taylor's Caſee of Conſcience▪ lib. 3. cap. 4. nu. 4. fol. 647.Fathers of the Church; to ſay nothing of the Papal Decretals ordered to be compiled by Pope Gregory the 9th. The Firſt Oecumenical Council was Conven'd at Nice under Conſtantine the Great, againſt Arius, who held the Son of God to be a meer Creature: This Council conſiſted of 318 Biſhops, by whom Arius was Anathematiz'd, and his Hereſie condemned. The Second was at Conſtantinople under Theodoſius the Great, againſt the Pneumatomachiſts, who denied the Divinity of the Holy Ghoſt: This Council conſiſted of 150 Biſhops, by whom theſe Hereticks together with their damnable hereſie, was accurſed. The Third was at Epheſus under Theodoſius the Leſs, againſt Neſtorius and Celeſtinus, who held that Chriſt was only Man: At this Council were 200 Biſhops, by whom theſe Hereticks were likewiſe cenſured as the former. The Fourth was at Chalcedon under Marcianus, againſt Dioſcorus and Eutyches, who held that the Two natures of the Word, viz. of God and Man, were after the Union reduced into one Nature; for which they were Anathematiz'd by 630 Biſhops there Convened. The Fifth was at Conſtantinople under Juſtinianus the Firſt, where 160 Biſhops were preſent, who confirmed the Decrees of the Fourth Synod, and condemned Origen and all other Hereticks The Sixth was alſo at Conſtantinople under Conſtantinus Barbatus, where were Aſſembled 170 Biſhops, who pronounced the Sentence of Anathema againſt all thoſe qui unum in Chriſto voluntatem, & unam agendi vim tradehant. The Seventh was at Nice under Conſtantine and his Mother Irene, where 367 Biſhops were aſſembled againſt the Adverſaries of Images, whom they ſubjected p. 74to their Anathema. (2) Of Particular Synods, one was held in the Temple of the Apoſtles in Conſtantinople under the Patriarch Photius, which was called the First and Second: Another under Leo and Conſtantine in the moſt Famous Temple Sanctae Dei Sapientiae, or Sanctae Sophiae, which confirmed the Seventh Synod: Another at Ancyra, more ancient than the firſt Univerſal Synod: Another at Caeſarea, more ancient than that at Ancyra: Another at Gangra, after the Nicene, againſt Euſtachius, who deſpiſed Marriage, and taught things not conſonant to Eccleſiaſtical Tradition: Another at Antioch a City in Syria, where in truth were two Synods, the one under Aurelianus againſt Paulus Samoſatenus, who ſaid that Chriſt was meer Man; the other under Conſtantius Son to Conſtantine the Great: Another at Laodicea, ſcituate in Phrygia Pacatiana: Another at Sardica, that when Conſtantius embraced the foreſaid Sect, his Brother Conſtans, Emperour of Old Rome, by his Letters threatning him with a War, if he would not deſiſt from perverting the Church; his Anſwer was, That he ſought no other Doctrine, than what was most agreeable to the Catholick Faith; whereupon by their and the Biſhop of Romes appointment 341 Biſhops were Conven'd in a Synod, which having eſtabliſhed the power and authority of the Nicene Synod, did conſtitute divers Canons for the Church: Another at Carthage under Theodoſius, where 217 Biſhops were aſſembled, and with them the Popes Vicegerents; this Carthage was part of Charchedon, and that a Province of Africa. (3) The Canons of the Fathers are taken (according to the Roman computation) out of the Epiſtles partly of Dionyſius Alexandrinus, partly of Petrus Alexandrinus, partly of the Wonder-working Gregorius: partly alſo out of the Epiſtles of Bazil or Baſilius the Great: partly out of the Epiſtle of Gregory or Gregorius Nyſſenus to the B. of Melita: partly out of the Reſponſes of Timotheus Alexandrinus: partly out of the Reſponſes of the Conſtantinopolitan Synod to certain Monks, Nicholaus the Patriarch being Preſident: partly out of the Epiſtles of Cyril or p. 75Cyrillus: and partly out of the Epiſtles of Nicephorus the Patriach. (4) The Canons of the Holy Apoſtles (a book falſly aſcribed to the Apoſtles) are in number Eighty Five, according to a modeſt Computation, if you have any Faith to ſpare, at leaſt enough to believe the Church of Rome, in that as in other Points, infallible. But the Canons indeed of the Apoſtles, which are of Order and External Government, do oblige (as Dr. Taylor ſays) the Conſcience, by being accepted in ſeveral Churches, not by their first Inſtitution; and were fitted only to Times, and Places, and preſent Neceſſities: For (ſays he) the Apoſtolical Decree of Abſtaining from Blood was obſerved by more Churches, than thoſe of Syria and Cilicia, to which the Canon was directed; and the Colledge of Widows or Deaconeſſes, derived it ſelf into the manners of the Western Churches. And the Apoſtles in their firſt Preaching and Converſation in Jeruſalem inſtituted a coenobitick life, and had all things in Common with Believers: (indeed no man was obliged to it.) Of the ſame nature were their Canons, Counſels, and Advices. The Canon concerning Widows, Let not a Widow be choſen under 60 years; and yet Juſtinian ſuffered one of 40 years old to be choſen. Novel. 123. c. 12, 13. And the Canon of the Apoſtles forbidding to eat things strangled, Anonym. The Hiſt. of the Church of Great Britain.is no where obſerved in the Weſtern Churches of Christendom. In the beginning of the Fourth Century, above 1300 years ſince, we find our Biſhops, Britiſh Biſhops, at the Councils of Arles, Nice, Sardis, and Ariminum; a clear Evidence of the flouriſhing ſtate of Chriſtianity ſo long ſince in this Iſland. At Arles in France, conven'd touching the Donatiſts, appeared for the Britains, Eborius Biſhop of York, Reſtitutus Biſhop of London, Adelfius Biſhop of the City called the Colony of London, which ſome ſuppoſe to be Colcheſter, others Maldon in Eſſex; Sacerdos, a Prieſt both by Name and Office; Arminius, a Deacon, An. 313. At the Synod of Nice in Bithynia, An. 325. to ſuppreſs Arrianiſm, were Britiſh Biſhops preſent, as Athanaſius and Hilary Biſhop of Poictiers affirm. At the Council of p. 76Sardis in Thracia conven'd by Constanitus and Conſtans, Sons to Conſtantine the Great, the Britiſh Biſhops were likewiſe preſent, when the Arrians were condemn'd, and Athanaſius acquitted. And at the Council of Ariminum in Italy the Britiſh Biſhops were alſo preſent; who (according to Athanaſius) were about An. 360. ſummoned to divers Forein Councils in remote parts. As alſo here at home in and after the Seventh Century were divers particular Councils and Synods, the firſt whereof (according to Stapleton out of Bede) called The firſt of the Engliſh Nation, Lib. 4. c. 5.was conven'd at Hertford by Theodorus Archbiſhop of Canterbury, who ſucceeded Deusdedit in that See; in this Council the Obſervation of Eaſter was ſettled according to the Romiſh Rite; yet whoſoever will have this Council to be (as aforeſaid) The firſt of the Engliſh Nation, muſt underſtand it the Firſt, whoſe Canons are compleatly extant. Bede lib. 4. c. 5. About the year 740 Ethelbald King of Mercia, with Cuthbert Archbiſhop of Canterbury, called a Council at Cliffe in Kent; the acts of which Synod were 31 Canons, among which is was (inter alia) Ordain'd, That Prayers ſhould publickly be made for Kings and Princes. But ſome few years before this, the ſaid Theodorus held a Synod or Council of Biſhops at Hatfield, by authority whereof he divided the Province of Mercia (which Sexwolphus then governed alone) into five Biſhopricks, viz. to Cheſter, Worceſter, Lichfield, Cedema in Lindſey, and to Dorchester. In the year 692 a great Council was held at Becanceld by Withred King of Kent, and Bertuald Archbiſhop of Britain, wherein many things were concluded in favour of the Church. About the ſame time a Council was held at Berghamsteed by the ſaid Withred King of Kent; at which Council Biſhop Wilfrid was reſtored to York, whence he departed for Rome, upon the endeavours which Theodorus Archbiſhop of Canterbury had uſed, to have that Dioceſs of York divided. In the year 801 Ethelard the Archbiſhop called a Synod at Cliveſho in Kent, where by power from the Pope, he rivited (thats the word) the Archbiſhoprick into the p. 77City of Canterbury. There was likewiſe at Celichyth an eminent Council under Wolphred, who ſucceeded Ethelard, Archbiſhop of Canterbury. But nigh one hundred years before this, viz. about the year 709, a Synod was aſſembled at Alnceſter in Worcesterſhire, to promote the building of Eveſham-Abbey. And not long after another Synod was called at London, to introduce the Doctrine of Image-Worſhip into England, now firſt beginning to appear in the publick practice thereof. Alſo, above one hundred years before that, viz. about the year 601. Auguſtine by the aid of Ethelbert King of Kent, called a Council of Saxon and Britiſh Biſhops to meet in the Confines of the Mercians and West-Saxons, in the borders of Worceſter and Herefordſhire, under an Oak; thereby tacitly reproving the Idolatry of the Pagan Britains, who acted their Superſtitions under an Oak; as the Learned Sr. H. Spelman obſerves.Spelm. Concil. In the Tenth Century King Edward the Elder, Son of King Alfred, called a Synod at Intingford, where he confirmed the ſame Eccleſiaſtical Conſtitutions, which King Alured had made before. Many Councils were Conven'd during the Reign of King Athelſtan, as at Exiter, Feverſham, Thunderfield, London, and at Great Lea, which laſt is of moſt account in regard of the Laws therein made, ſpecially that concerning the payment of Tithes; the which you may peruſe in the Learned Sr. H. Spelm. Concil. p. 405. During the Reign of King Edgar, Hoel Dha held a National Council for all Wales at Tyquin, which was wholly in favour of the Clergy; this Council was held when Dunſt in was Archbiſhop of Canterbury, in whoſe time there were Two other Councils conven'd, the one at Cartlage in Cambridgſhire, the other at Caln in Wiltſhire. After this William the Conqueror conven'd a Council of his Biſhops at Wincheſter, wherein himſelf was perſonally preſent, with two Cardinals ſent from Rome; in this Council Stigand Archbiſhop of Canterbury was depoſed, and L…frank a Lombard ſubſtituted in his room. During the Reign of King Henry the Firſt, Anſelm Archbiſhop of Canterbury ſummoned a Council p. 78at Weſtminster, which Excommunicated all Married Prieſts, half the Clergy at that time being Married, or the Sons of Married Prieſts. During the Reign of King Stephen, Albericus Biſhop of Hoſtia, ſent by Pope Innocent into England, conven'd a Synod at Westminſter, wherein it was concluded, That no Prieſt, &c. ſhould have a Wife or a Woman in his houſe, on pain of being ſent to Hell. Alſo that their Tranſubſtantiated God ſhould dwell but Eight days in the Box, for fear of being Worm-eaten or moulded. Under the Reign of King Henry the Second (who diſclaimed the Popes authority, refuſed to pay Peter-pence, and interdicted all Appeals to Rome) a Synod was called at Westminſter, wherein was a great Conteſt between the two Archbiſhops of Canterbury and York for Precedency; York appeals to Rome, the Pope interpoſes, and to end old Diviſions makes a new diſtinction, entituling York Primate of England, and Canterbury Primate of all England. Under the Reign of King Henry the Third a Council was held at Oxford under Stephen Langton Archbiſhop of Canterbury, wherein many Conſtitutions were made, as againſt Exceſs of demands for Procurations in Viſitations, againſt Pluralities, Non-Reſidence, and other abuſes of the Clergy. In the Ninth year of King Edward the Firſt, John Peckham Archbiſhop of Canterbury, held a Council at Lambeth with his Suffragans, ſome account whereof Walſingham gives us in theſe words, viz. Frater Johannes Peckham, Cantuarienſis Archiepiſcopus, ne nihil feciſſe videretur, convocat Concilium apud Lambeth, in quo non Evangelii Regni Dei praedicationem impoſuit, ſed Constitutiones Othonis & Ottobonis quondam Legatorum in Anglia innovans, juſſit eas ab omnibus ſervari, &c. Walſing. in Ed. 1. He then made Sixteen Eccleſiaſtical Laws, which are inſerted among the Provincial Conſtitutions. After this he ſummoned another Council of his Clergy at Reading, wherein he propounded the drawing of all Cauſes concerning Advowſons to the Eccleſiaſtical Courts, and to cut off all Prohibitions from the Temporal p. 79Courts in Perſonal Cauſes; but upon the Kings expreſs Command to deſiſt from it, this Council was diſſolved. Parker de Antiq. Eccleſ. Anglic. fo. 205. An 1290. During the Reign of King Henry the Fourth, Thomas Arundel Archbiſhop of Canterbury conven'd a Synod at St. Pauls Church Lond. wherein the King joyned with them in puniſhing all Oppoſers of the Religion received. —Truſſel. de vita H. 4. Under King Henry the Fifth an Univerſal Synod of all the Biſhops and Clergy was called at London, where it was determined, That the day of St. George, and alſo of St. Dunstan, ſhould be a double Feaſt in holy Church. In the ſame Kings Reign was a Convocation held at London, conven'd by Henry Chichley Archbiſhop of Canterbury, wherein were ſevere Conſtitutions made againſt the Lollards. In the Reign of King Henry the Seventh a Synod was held at London by John Morton Archbiſhop of Canterbury, to redreſs the Exceſs of the London Clergy in Apparel and frequenting of Taverns. We had almoſt omitted the Synod in England An. 1391. under the Reign of King Richard the Second, Simon Sudbury then Archbiſhop of Canterbury; in which Synod it was Ordain'd, That whoſoever Appealed to Rome (beſides Excommunication) ſhould loſe all his Goods, and be Impriſoned during his Life. vid. Hiſt. of the Church of Great Britain,—p. 117. A Modern and Ingenious, yet unfortunate, Author well obſerves a Fourfold difference or diſtinction of Synods or Convocations in this Realm, in reference to the ſeveral manners of their Meeting, and degrees of their Power. The First, he ſtates in point of Time before the Conquest. The Second, ſince the Conqueſt, and before the Statute of Praemunire. The Third, after that Statute, but before another made in the Reign of King H. 8. The Fourth, after the 25th of the ſaid King. (1) Before the Conqueſt the Popes power prevailed not over the Kings of England, who were then ever preſent Perſonally or Virtually at all Councils, wherein matters both of Church and State were debated and concluded,††Spelm. An. 605. pag. 118. Communi conſenſu tam Cleri quam Populi, Epiſcoporum, Procerum, Comitum, nec p. 80non omnium Sapientum, Seniorum populorumque totius Regni. (2) After the Conqueſt, but before the Statute of Praemunire, the Archbiſhops uſed upon all emergent Caſes, toties quoties, at their own diſcretions to aſſemble the Clergy of their reſpective Provinces, where they pleaſed, continuing and diſſolving them at their pleaſure; which they then did without any leave from the King; whoſe Canons and Conſtitutions (without any further Ratifification) were in that Age obligatory to all ſubjected to their Juriſdiction. Such (it ſeems) were all the Synods from Lanfranck to Thomas Arundel, Archbiſhop of Canterbury, in which Arundels time the Statute of Praemunire was Enacted. (3) After which Statute (which much reſtrained the Papal power, and ſubjected it to the Laws of the Land) the Archbiſhops called no more Convocations by their ſole and abſolute Command, but at the pleaſure of the King, by whoſe Writ and Precept only they were now and henceforth Summoned. Of this Third ſort of Convocations, were all thoſe kept by and from Thomas Arundel unto Thomas Cranmer, or from the 16th of R. 2. unto the 25th of King H. 8. Theſe Convocations alſo did make Canons (as in Lindwoods Conſtitutions) which were Obligatory, although confirmed by no other Authority than what was meerly Synodical. (4) The laſt ſort of Convocations, ſince the ſaid Statute, called the 25th of King H. 8. That none of the Clergy ſhould preſume to attempt, alledge, claim, or put in ure, any Conſtitutions, or Ordinances Provincial, or Synodals, or any …her Canons, Conſtitutions, or Ordinances Provincial (by whatſoever Name or Names they may be called) in their Convocation in time coming, (which alwaies ſhall be aſſembled by the Kings Writ) unleſs the ſame Clergy may have the Kings moſt Royal aſſent and Licenſe to make, promiſe and execute ſuch Canons, Conſtitutions and Ordinances Provincial, or Synodical, upon pain of every one of the ſaid Clergy doing the contrary to this Act, and thereof convicted, to ſuffer Impriſonment, and making Fine at the Kings will. Since this year, from Archbiſhop Cranmer to this day, all Convocations are to have p. 81the Kings leave to debate on matters of Religion; and their Canons (beſides his Royal aſſent) an Act of Parliament for their Confirmation. And as to the General Councils,Dr. Tayl. Caſ. of Conſcience, lib. 3. cap. 4. fol. 637. there are not any of them of uſe in England, except the firſt Four General Councils, which are eſtabliſhed into a Law by King and Parliament.

The Learned Biſhop Prideaux in his Synopſis of Councils gives us the definition of Synodographie, and ſays, It is ſuch a Methodical Synopſis of Councils and other Eccleſiaſtical Meetings, as whereby there may be a clear diſcovery to him that doubts how any Caſe may be enquired after, and what may be determined concerning the ſame. And then immediately after gives us the definition of a Council, which he calls a Free Publick Eccleſiaſtical Meeting, eſpecially of Biſhops, as alſo of other Doctors lawfully deputed by divers Churches, for the examining of Eccleſiaſtical Cauſes, according to the Scriptures, and thoſe according to the power given by Common Suffrages, without favour of parties to be determined, in matters of Faith by Canons, in caſes of Practice by Preſidents, in matters of Diſcipline by Decrees and Conſtitutions. Of theſe Councils he obſerves ſome to have been Judaical, others Apoſtolical, others Oecumenical, ſome Controverted, others Rejected, and ſome National, to all which he likewiſe adds Conferences. (1) Under the Title of Judaical Councils he comprehends the more ſolemn Meetings about extraordinary affairs for the Confirming, Removing, or Reforming any thing, as the matter required. Such he obſerves to have been at Sichem under Joſuah and Eleazer, Joſh. 24. At Jeruſalem, the firſt under David, Gad and Nathan being his Aſſiſtants, 1 Chro. 13. At Carmelita under Ahab and Elias, 1 King. 18. At Jeruſalem, the Second under Hezekiah, 2. Chro. 29. At Jeruſalem, the Third under Joſiah and Hilkiah, 2 Kin. 33. 2 Chro. 34. At Jeruſalem, the Fourth under Zorobabel and Ezra and the Chief of the Jews, that return'd from the Captivity of Babylon. And laſtly, that which is called the Synod of the Wiſe under John Hircanus. Genebrand. Chron. l. 2 p. 197. (2) The Apoſtolical p. 82Councils he obſerves to have been, for the ſubſtituting of Matthias in the place of Judas, Act. 1. For the Election of Seven Deacons, Act. 6. For not preſſing the Ceremonial Law, Act. 15. 11. For the toleration of ſome Legal Ceremonies for a time, to gain the Weak by ſuch condeſcenſion, Matth. 21. 18. For compoſing the Apoſtles Creed. For obtruding to the Church 85 Canons under the notion of the Apoſtles authority, concerning which there are many Controverſies. Laſtly, for the Meeting at Antioch, where among Nine Canons, the Eighth commanded Images of Chriſt to be ſubſtituted in the room of Heatheniſh Idols; the other pious Canons being deſtitute of the Synods authority. vid. Bin. Tom. 1. p. 19. & Longum. p. 147. (3) Of Oecumenical or General Councils, ſome were Greek or Eaſtern, others were Latin or Weſtern. The more Famous of the Oecumenical Greek Councils were, the Nicene, the firſt of Constantinople, the firſt of Epheſus, the firſt of Chalcedon. Of Conſtantinople, the ſecond of Constantinople, the third. The Nicene the ſecond. The more Famous of the Oecumenical Latin Councils were at Ariminum: the Lateran: at Lions: at Vienna: the Florentine: the Lateran the fifth; and laſtly at Trent. (4) Of Controverted Councils (if that diſtinction be admiſſable, according to the Claſſis thereof digeſted by Bellarmine) the Computation is at Conſtantinople the fourth: at Sardis: at Smyrna: at Quiniſext: at Francfort: at Conſtance; and at Baſil. (5) Of Rejected Councils (whereby are intended ſuch as either determine Heretical Opinions, or raiſe Schiſms) the Computation is at Antioch: at Milain: at Seleucia: at Epheſus the ſecond: at Conſtantinople: at Piſa the firſt; and at Piſa the ſecond. (6) Of National Synods, which comprehend the Provincials of every Metropolitan or Dioceſan Biſhop, the diſtribution is into Italian, Spaniſh, French, German, Eastern, African, Britain. (7) To theſe may be added Eccleſiaſtical Conferences, which were only certain Meetings of ſome Divines, wherein nothing could be Canonically determined, and therefore needleſs to be here particularly inſerted. vid. B. Prideaux. Synopſ. of Counc. verſ. fin.

p. 83The grand Cenſure of the Church, whereby it puniſheth obſtinate Offenders, is by way of Excommunication, which though the Canoniſts call Traditio Diabolo, or giving the Devil as it were Livery and Seizin of the Excommunicate perſon, yet the Romaniſts have a Tradition, that St. Bernard Excommunicated the Devil himſelf, Sanctus Bernardus, plenus virtutibus, quadam die praeſentibus Epiſcopis, clero, & populo, Excommunicavit quendam Diabolum Incubum, qui quandam mulierem in Britannia per ſepteunium vexabat; & ſic Liberata est ab eo.—Chron. Jo. Bromton. de Temp. H. 1. A miraculous Excommunication, and a Sovereign Remedy againſt Diabolical incubations. The Excommunication which St. Oſwald pronounced againſt one, who would not be perſwaded to be reconciled to his Adverſary, had nothing ſo good though a more ſtrange effect, for that Excommunicated him out of his Wits, and had it not been for Wolstan, who as miraculouſly cur'd him, you might have found him, if not in Purgatory, then in Bedlam at this day; Illi cujus es (ſays Sanctus Oſwaldus) Te commendo, & carnem Sathanae tuam trado. Statim ille dentibus ſtridere, ſpumas jacere, caput rotare incipit. Qui tamen à Wolſtano ſanatus, cum Pacem adhuc recuſaret, iterum & tertio eſt arreptus ſimili modo, quouſque ex corde injuriam remitteret & offenſam. If you have not faith enough to believe this on the Credit of Abbot Brompton, who Chronicled from the year 588, in which St. Auſtin came into England, to the death of King Richard the Firſt, which was in the year 1198. if you have not (I ſay) faith enough for the premiſſes, you are not like to be ſupplied with any on this ſide Rome, unleſs you have it from Henry de Knighton Canon of Leyſter, who wrote the Chronicle De Eventibus Angliae, from King Edgars time to the death of King Richard the Second, for he in his Second Book de Temp. W. 2. doth put it under his infallible pen for an undeniable Truth. And indeed is much more probable, than what the ſaid Abbot reports touching St. Austins raiſing to life the Prieſt at Cumpton in Oxfordſhire 150 p. 84years after his death, to abſolve a penitent Excommunicate, that at the ſame time roſe alſo out of his grave, and walked out of the Church at St. Auſtins command, That no Excommunicate perſon ſhould be preſent whilſt he was at Maſs, having in his life-time been Excommunicated by the ſaid Prieſt for refuſing to pay his Tithes. vid. Cron. dict. Bromton. de Regn. Cantiae. Excommunication is of ſuch a large extent, that this World is too narrow to contain it, therefore it extends it ſelf to the next World alſo, and that not only in reference to the Soul, but alſo to the Body; inſomuch that the interr'd Bodies of perſons dying under Excommunication, have often been inhumanely exhumated and taken out of their Parochial graves, to aſſociate with the rotten Carkaſes of bruit Beaſts, a Preſident whereof you have in King Edward the Thirds time, when the Pope by his Bull to the Biſhop of Lincoln commanded, That the Bodies of all ſuch Excommunicates as in their Life-time had adhered to the Lady Wake, in the Conteſt between her and the Biſhop of Ely touching a Mannor, ſhould be taken out of their Graves, and caſt out of the Church-yard. This is much worſe than to be denied the honour of a Chriſtian burial, which by the Council at Rome, An. 1180. was the puniſhment of ſuch Lay-perſons as tranſferr'd the right of Tithes to other Laicks, without delivering them to the Church; yet by the Sixth Canon of that Council it is Ordain'd, That no man ſhall be Excommunicated or ſuſpended from his Office, until he be legally and duly ſummoned to appear and anſwer for himſelf, except in ſuch caſes as deſerve ſummary Excommunication. It was a ſtrange Excommunication, as to the new and inſolent Form thereof, wherewith Pope Theodorus Excommunicated Pyrrhus Patriarch of Conſtantinople, who having been infected with the Hereſie of the Monothelites, and thereupon Excommunicated, and upon his Recantation abſolved, relapſed into the ſame Error, whereupon the ſaid Theodorus Excommunicated him the ſecond time, but in ſuch a way and manner, as never had a former Preſident or ſecond Practice: p. 85For he infuſed ſome drops of conſecrated Cup into Ink, and therewith writ a Sentence of Anathema againſt Pyrrhus. Hiſt. Mag. Cent. 7. cap. 39. Whether the Dead may be Excommunicated? was the firſt Queſtion moved in the Fifth General Council at Conſtantinople, An. 551. under the Emperour Juſtinian: To which Eutychius anſwered, That as Joſiah opened the Sepulchres of the Dead, 2 Kin. 23. 16.2 Kgs 23:16and burnt their Bones: So the Memorials of ſuch might be accurſed after their death, who had injured the Church in their life; for which pertinent Anſwer the ſaid Emperour made him Biſhop of Constantinople; ſo that he ſucceeded Menas, who about the ſame time had departed this life ſuddenly, ſitting the Council. That worthy Prelate, who affirmed That it was certainly unlawful to Excommunicate any man for not paying the Fees of Courts, Dr. Taylor in his Caſes of Conſcience. lib. 3. cap. 4. fol. 617. nu. 4.is ſcarce ſo generally credited in his Law, as he may deſerve to be in his Doctrines, eſpecially when his Reaſon for that Aſſertion, viz. That a Contumacy there (ſpeaking of Courts Eccleſiaſtical) is an Offence againſt the Civil Power, is duly weighed and conſidered; and more eſpecially, when ſuch Fees are not paid, notwithſtanding the Orders and Decrees of ſuch Courts for the payment thereof: Contempts of which kind might paſs wholly unpuniſhed, if Eccleſiaſtical Cenſures ſhould not take place in ſuch caſes. Many are the Prejudices which enſue upon Excommunication, ſome whereof (in caſe of obſtinate perſiſtency) reach us as Men as well as Chriſtians, and ſeem, as it were, to unman us, as well as unchriſtian us; extending (per brachium Seculare) as well to our Civil Liberty, as (per cenſuram Eccleſiaſticam) to our Christian; having a dreadful influence both on Body and Soul, and that in both worlds. Rebuſſus enumerates no leſs than above Threeſcore of theſe penalties, for ſo he calls them, Poenae contra Excommunicatos. Rebuff. de Excom. non vitand. Such perſons as are extra Communionem Eccleſiae, or Excommunicates with us, were apud Hebraeos anciently called Apoſynagogi, as caſt out of the p. 86Synagogue, and for their Contumacy Extorres, to be ſhunn'd of all men until they repented. Old. Such as are Anathematiz'd and under the greater Excommunication, are as it were expell'd out of all Humane Society and baniſh'd from Mankind (underſtand it of thoſe within the Church;) ſuch an Anathema may be ſomewhat compared to that Puniſhment, which the Romans of old called Interdictio ignis & aquae, borrowed from the Graecians, which their great Legiſlator Draco enacted as a Law to the Athenians, and which Puniſhment in truth was ſecond to none, ſave that which is Capital.

Towards the cloſe of this Eccleſiaſtical Abridgment you have ſome mention made of the Statute of Circumſpecte Agatis: In the Thirteenth year of the Reign of King Edward the Firſt, An. 1285. the Bounds and Limits of both Juriſdictions Spiritual and Temporal were fix'd by Parliament, by a Statute under that Title, the Engliſh whereof tranſlated from the Latin out of the Records runs thus, viz.

The King to his Judges ſendeth Greeting. Vſe your ſelves circumſpectly in all matters concerning the**Suppoſed to be William Middleton. Biſhop ††Norwich. An Example in one, to ſtand as a Preſident for all.of Norwich, and his Clergy, not puniſhing them, if they hold Plea in Court Christian, of ſuch things as be meerly Spiritual, viz. of penance enjoyned for deadly Sin, as Fornication, Adultery, and ſuch like; for the which many times corporal penance or pecuniary is enjoyned, ſpecially if a Freeman be convict of ſuch things.

Alſo if Prelates do puniſh for leaving Church-yards uncloſed, or for that the Church is uncovered, or not conveniently decked; in which caſes none other penance can be enjoyned, but pecuniary.

Item, If a Parſon demand of his Pariſhioners Oblations and Tithes due and accuſtomed; or if any perſon plead againſt another for Tithes, more or leſs, ſo that the Fourth part of the value of the Benefice be not demanded.

p. 87Item, If a Parſon demand Mortuaries in places, where a Mortuary hath uſed to have been given.

Item, If a Prelate of a Church, or if a Patron demand a `Penſion due to themſelves, all ſuch demands are to be made in a Spiritual Court. And for laying violent hands on a Prieſt, and in caſe of Defamation, it hath been granted already, that it ſhall be tried in a Spiritual Court, when money is not demanded, but a thing done for puniſhment of Sin, and likewiſe for breaking an Oath. In all caſes afore rehearſed, the Spiritual Judge ſhall have power to take knowledge, notwithſtanding the Kings Prohibition. vid. Lindw. Conſtit. lib. 2. Tit. De Foro-Competenti. Vid. Full. Chur. Hist. lib. 3. p. 79.

Now whereas ſome doubt hath heretofore been, whether this were indeed an Act of Parliament, or any thing more than a Conſtitution made by the Prelates themſelves, or only a meer Writ iſſued out from the King to his Judges, Sr. Ed. Coke. Instit. par. 2. pag. 487. reſolves it in expreſs terms thus, viz. Though ſome have ſaid, that this was no Statute, but made by the Prelates themſelves; yet that this is an Act of Parliament, it is proved, not only by our Books, but alſo by an Act of Parliament.

By this Statute of Circumſpecte Agatis, the Eccleſiaſtical Court might proceed to puniſh the Offender, who offered violence to a Prieſt; the which de jure it might do by proceeding Ex Officio & pro ſalute animae, Dammages on an Action of Battery in the caſe reſerved to the Common Law.

To conclude; The Proteſtation which Bellamera the Canoniſt, in the Proem to his Lecture on the Clementine Conſtitutions makes, ſhall (as to this Repertorium Canonicum, Juriſve Anglico-Eccleſiaſtici Compendium) be mine, Id ſubmittens correctioni & determinationi tam Canonum Eccleſiasticorum, quam Statutorum, Jurumque Publice Forenſium & Secularium, & cujuſlibet melius ſentientis, Protestans, quod ſi in praeſenti Opuſculo de lapſu chalami, aut inadvertentia, vel forte p. 88ex ignorantia aliqua jam Scripſero, id praeter intentionem ſcribere me contigerit: Si etiam aliqua Scripſero, quae errorem ſaperent, aut male ſonarent, illa ex nunc Revoco, & volo haberi pro non Scriptis; Determinationibuſque Eccleſiae Anglicanae, & dicti Juris Forenſis Oraculis ſemper, & in omnibus volo ſtare. Et hanc Protestationem volo pro Repetita haberi in quolibet Dictorum meorum, & etiam condicendorum, ut ſi reprobantur dicta, Actor non propter hoc reprobetur.