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Abridgment of Ecclesiastical Laws · John Godolphin

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THE INDEX Referring to PAGE and PARAGRAPH.

ABBY-Lands, how many ways priviledged or diſcharg… … Tithes. p. 383. How the Abby of Battel came to be diſpenſ… with from Viſitation. p. 108. Sect. 8. When and by whom … Abby of Weſtminſter was founded. p. 328. Sect. 5.

Abbot, whence that word is derived, and what it ſignifies. p. 326 327. Sect. 1. How many Abbots anciently in England. p. 327. Sect. 1. and 328. Sect. 5. They were reputed as Peers. p. 327. Sect. 2. Some were Elective, others Preſentative. p. 328. Sect. 5. When and by whom made Elective. p. 331. Sect. 7. Three Abbots condemn'd at once for denying the Kings Supremacy. p. 10. Sect. 14.

Abeyance, what. p. 183. Sect. 9. and 189. Sect. 8. and 284. Sect. 3.

Abjuration, The form thereof anciently. p. 141, 142. Sect. 8.

Abſence of the Husband from the Wife, what requiſite to cauſe a Divorce. p. 494. Sect. 2.

Abſtinence or Faſting Days, the Original thereof in England. p. 130. Sect. 44.

Acceptance of Rent, by a Biſhop, whether it ſhall bind him. p. 38. Sect. ult. By a Parſon, whether it confirms the Leaſe made by his Predeceſſor. p. 189. Sect. 8.

Acceſſories determinable in that Court which hath cognizance of … Principal. p. 114. Sect. 11. and p. 123. Sect. 25.

Accompt, in what caſe an Executor ſhall not be compelled thereun… p. 116. Sect. 12.

Acorns, Whether Tithable. p. 383.

Action upon the Caſe, in what Caſe it may lye at Common Law for ſuing in the Eccleſiaſtical Court. p. 444.

Adminiſtrator, how he may make his own Goods … Debts. p. 86. Sect. 11.

Admiſſion, what; and under what qualification … p. 272. Sect. 6. the form thereof. p. 272. Sect. 7.

Admittendo Clerico, in what Caſes that …

Adultery, where Cogni…able, and …

Advocatio Medietatis Eccleſiae, & Medietatis Advocationis Eccleſiae, the difference in Law between them. p. 206. Sect. 2.

Advocatione decimarum, what that Writ imports. p. 647. Sect. 7.

Advowe or Avowe, who properly ſuch. p. 206. Sect. 2. and p. 213. Sect. 14.

Advowſon, what; and whence derived. p. 205. Sect. 1. Twofold. p. 206. The Original thereof. p. 207. Sect. 3: A Temporal non Spiritual Inheritance. p. 209. Sect. 6, 7. How Advowſon in Groſs differs from Appendant. p. 210. Sect. 8. Whether it may be extended. p. 182. Sect. 7. By what words in a Grant it may paſs, or not. p. 211. Sect. 10. p. 214: Sect. 15, 16. Whether it may be Aſſets. p. 214. Sect. 15. Whether the Advowſon of a Vicarage endowed, belongs to the Parſon or the Parſons Patron. p. 216. Sect. 21. Whether the Advowſon of a Vicarage doth paſs by the Grant of the Vicarage. p. 219. Sect. 24. Three Original Writs of Advowſons. p. 216. Sect. 20.

Aftermath, and Aftergraſs, whether Tithable. p. 384.

Age, at what age a Minor Executor may adminiſter. p. 219. Sect. 16.

Agiſtment what, and whether Titheable. p. 384, 385.

Agreement between Parſon and Pariſhioner touching Tithes. p. 373. Sect. 47. and p. 385, 386. Good for years without Deed, not ſo for Life p. 379. Sect. 69. and p. 386.

Alcheron, how ſeverely it doth puniſh Adultery. p. 471. Sect. 6.

Aldermanus, anciently what? p. 96. Sect. 1.

Aliens, whether preſentable to a Church in England, p. 264. Sect. 26. and p. 272. Sect. 6.

Alimony, what. p. 508. Sect. 13. where cognizable. p. 510. Sect. 16. 18, 19. In what Caſes the Law allows Alimony or not. p. 509, 510. Sect. 14, 15. whether due to her that Elopes. p. 508. Sect. 13.

Alms, or things appointed for that end, whether Tithable. p. 386.

Altarage, what. p. 339. Sect. 1. whether Tithe-Wool, or Tithe-Wood ſhall paſs by the word Altaragium. p. 341. Sect. 3. p. 342. Sect. 4, 5.

St. Andrews in Scotland, when and by whom the Biſhop thereof was made Metropolitan of all Scotland. p. 18. Sect. 9.

Animalia Utilia & Inutilia; the difference between them in reference to Tithes. p. 360. Sect. 17. and p. 386.

Annates, what; by and to whom payable. p. 335. Sect. 1. The Original thereof. p. 337. Sect. 2, 3. vid. Firſt-fruits.

Annua Penſione, what that Writ imports. p. 648. Sect. 14.

Anſelme Archbiſhop of Canterbury, the firſt that made Appeals to Rome. p. 97. Sect. 1. and p. 118. Sect. 13. The firſt Archbiſhop of Canterbury that was Legatus Natus. p. 98. Sect. 1.

Apparitor, Action againſt ſuch for falſe informing. p. 88. Sect. 14. vid. Summoner.

Appeals to Rome, prohibited. p. 9. Sect. 14. p. 118. Sect. 13. They are made to the King in Chancery. p. ibid. Appeal out of Ireland to the Delegates in England, in what caſe. p. 407. vid. Delegates.

Appellatione remota, the effect of that clauſe in Law. p. 117. Sect. 13.

Apples, what Tithes they pay, whether ſmall to the Vicar, or great to the Parſon. p. 361. Sect. 21. p. 386. In what caſe they may not be Tithable. p. 371. Sect. 44.

Appropriation, what. p. 223. Sect. 3. The original thereof. p. 221, 222. Sect. 1. Whether it may be made without the Kings Licenſe. ibid. and p. 198. Sect. 3. Whoſe Aſſents are requiſite thereunto. p. 222. Sect. 1. How they are now chang'd in their uſe and end, from what they were originally. p. 223. Sect. 2. Whether they might formerly be granted to Nunneries. p. 223. Sect. 2. and p. 225. Sect. 5. They may not now (as to their Original) be called into queſtion. p. 226. Sect. 6. How a Church Impropriate may become diſappropriate. p. 229. Sect. 12.

Arabians, their ſtrange conceit of Adultery. p. 471. Sect. 6. The puniſhment thereof with them Capital. ibid.

Arable Land, left Fallow and untill'd every other year, whether Tithable that year. p. 394.

Archbiſhop, whence ſo called; A deſcription of that Dignity. p. 12. Sect. 1. What difference between Archbiſhop and Metropolitan. p. 15. Sect. 3. Three Archbiſhops in England and Wales anciently. p. ibid. Sect. 4. How that in Wales came to be loſt, and when. p. 17. Sect. 6. None in Ireland until the year 1152. p. 20. Sect. 13. In what Caſes an Archbiſhop may call Cauſes to his own Cognizance Nolente Ordinario. p. 19. Sect. 10. Whether he may Cite a man out of his own proper Dioceſs. p. 100, &c. Sect. 3. The great Antiquity, Precedency, Priviledges, Style, and Precincts of the Archbiſhop of Canterbury. p. 13. Sect. 1. He is the firſt Peer in England, next to the Blood Royal. ibid. Anciently he had Primacy as well over all Ireland as England. p. 20. Sect. 13. He was anciently ſtyled Patriarcha, & orbis Britannici Pontifex. ibid. He had ſome ſpecial marks of Royalty. p. 21. Sect. 13. Several Priviledges peculiar to him. ibid. Whether he had concurrent Juriſdiction in Inferiour Dioceſſes within his Province. p. 18. Sect. 9. That See kept Four years by King William Rufus without an Archbiſhop. p. 24. Sect. 3. In what reſpects the Archbiſhop of Canterbury hath ſome power over the Archbiſhop of York. p. 18. Sect. 9. The Original of the Metropolitan See of York. p. 14. Sect. 2. The Antiquity, Precedency, Style, and Precincts of the Archbiſhop of York. ibid. Anciently an Archbiſhop of London. p. 17. Sect. 7.

Arch…s-Court, the hig… Conſiſtory. p. 83. Sect. 6. Why ſo called. p. 100. Sect. 3. The great Antiquity, Juriſdiction, and decent order … 5.

… and what he is. p. 60. Sect. 1. How he … Office and Juriſdiction. p. 61. Sect. 1. The … kinds of Archdeacons, and how many in England. p. 61. Sect. 2. How they are diſtinguiſhed by the Canon Law. p. 65. Sect. 10. Whence their P…rer is derived. p. 62. Sect. 3. The Canon touching … to their Viſitations. p. 64. Sect. 9. Whether they have Power of Viſitation Jure communi. p. 63, 67. Sect. 7. What Remedy in caſe an Archdeacon d…th refuſe to ſwear the Church-Wardens elect. p. 164. Sect. 9. Whether an Archdeaconry be underſtood as a Benefice with Cure p. 62. Sect. 5. and p. 200. Sect. 13

Arch-Flamins, what, and how many anciently in England, and where. p. 16. Sect. 4. They were ſucceeded by as many Archbiſhopricks. ibid.

Arch-Presbyter, what, p. 56. Sect. 7

Arms, or Coat-Armour on Monuments or Church-windows not to be defaced or demoliſhed. p. 138, 139. Sect. 5

Arreſts, whether they may de executed on Chriſtmas-Day. p. 115. Sect. 12. Whether executable on Clergy-men in time of Divine ſervice. p. 141. Sect. 8.

Articles 39 of Religion, what kind of ſubſcription thereunto required. p. 163. Sect. 8. Articles of Religion under King Ed. 6. p. 8. Sect. 14. The like under Q. Eliz. ibid. Articles of Enquiry on a Jure Patronatus. p. 180. Sect. 2. Articles before the high Commiſſioners at York againſt the Vicar of Hallifax. p. 189. Sect. 9.

Articuli Cleri, and Circumſpecte agatis, what. p. 639.

Aſſault on a Clerk, whether cognizable before the Ordinary. p. 115. Sect. 12. Aſſaults in the Church or Church-yard are not to be retaliated. p. 139. Sect. 5

Aſſent to the Articles of Religion, what good or not, within the intent of the Statute. p. 163. Sect. 8. Aſſent of the Ordinary requiſite to the Foundation of a Church, p. 207. Sect. 5. Aſſent of the Patron requiſite to the Ʋnion and Appropriation of Churches, p. 109. Sect. 8.

Aſſiſe de utrum, what, and why ſo called, p. 644. Sect. 2.

Atturney at Law, he may not be elected Church-warden, p. 164. Sect. 9.

Audience, or Court of Audience, what it was, where kept, and what matters it took Cognizance of, p. 106. Sect. 7.

Aumone or Frank Almoigne, a deſcription thereof, it's uſe and end, p. 338. Sect. 4.

AVoidance, what, 283. Sect. 1. Twofold, ibid. What difference between Avoidance and Next Avoidance, p. 284. Sect. 2. How many ways it may be, p. ibid. Sect. 3. In what Court cognizable, p. 122. Sect. 21. The difference between the Common and Canon Law in reference to Avoidances, p. 286. Sect. 8. The grant of the Next Avoidance, during an Avoidance, is void, p. 219. Sect. 24. Whether the grant of a Next Avoidance good without Deed, p. 255. Sect. 4.

Avowe or Advowe, what, p. 181. Sect. 5.

Auſtin, whether the firſt that preached the Goſpel in England, p. 13. Sect. 1. Whether the firſt Archbiſhop of Canterbury, p. ibid. Where buried, p. 16. Sect. 4.

Award or Arbitrement pleaded in Barr of Tithes in the Eccleſiaſtical Court, and refuſed, no ground for a Prohibition, p. 122, 123. Sect. 25.

B.

BAIL, whether it may be taken for one apprehended by a Capias, De Excom. capiend. p. 651. Sect. 25.

Banns, what, whence derived; how publiſhed; by whom diſpenſed with, and the legal Requiſites in order to ſuch Diſpenſations, p. 465.

Bark of Trees, what not Tithable, p. 387.

Barren Land, the Law touching the Tithes thereof, p. 387. &c.

Baſtard, whence that word, and who properly ſuch, p. 478. Sect. 1. and p. 486. Sect. 16, 18. How differenced from Mulier at Common Law, p. 478. Sect. 2. How diſtinguiſh'd at the Civil Law, p. 480. Sect. 5. How that Law computes the time of a Womans going with Child, p. 482. Sect. 7. How computed at the Common Law, p. 482: Sect. 9. and p. 484. Sect. 12.

Baſtardy, how diſtinguiſh'd at Common Law, p. 478, 479. Sect. 3. It is Triable by the Certificate of the Biſhop, p. 122. Sect. 21. How proſecuted in Courts of Juſtice, p. 480. Sect. 6. and p. 484. 485. Sect. 13. How puniſhed, p. 438. Sect. 10. and p. 485. Sect. 14. Difference between the Common, Civil, and Eccleſiaſtical Law in reference to Baſtardy, p. 487. Sect. 19.

Baud, whether and where Actionable for calling one ſo, p. 519, 520. Sect. 11. and p. 520. Sect. 13. and p. 523. 20.

Beauford Henry, Great Ʋncle to King H. 6. and Biſhop of Wincheſter, made Cardinal, how he thereby fell into a Premunire, p. 110. Sect. 8.

Becket Archbiſhop of Canterbury, his contention with King Henry 2. p. 100. Sect. 2.

Beech-Trees, how and in what Caſe Tithable or not. p. 389.

Bees, in what kind they pay Tithes. p. ibid.

Benefice Eccleſiaſtical, the true definition thereof. p. 200. 12. The reaſons of that definition. p. ibid. Whether Eccleſiaſtical Dignities fall under the notion of Benefices. p. 200. Sect. 13. Of what a Benefice conſiſts. p. 200, 201. Sect. 14. No Contract to be made for it, nor is it vendible. p. 201. Sect. 15. Six Signs or Requiſites of an Eccleſiaſtical Benefice. p. ibid. The common diſtinction thereof. p. 201. Sect. 16.

Beneficio primo Eccleſiaſtico habendo, what that Writ imports. p. 647. Sect. 9.

Birch-Trees, whether Tithable after Twenty years growth. p. 390.

Biſhop, the derivation of that word, and why ſo called. p. 22. Sect. 1. Anciently he was the univerſal Incumbent of his Dioceſs. p. 13. Sect. 1. Why called Ordinary. p. ibid. Sect. 2. What things requiſite to his Creation. p. 25. Sect. 4. The form and manner of making Biſhops. ibid. and p. 26. and p. 50. Sect. 8. His intereſt and Authority in his ſeveral capacities. p. 29, 30. Sect. 9. Whether he may grant Letters of Inſtitution out of his own proper Dioceſs, and under any Seal other than his own Seal of Office. p. 31. Sect. 12. Several things incident to a Biſhop qua talis. p. ibid. and Sect. 13. In what reſpects his Juriſdiction is not meerly local. p. 32, 33. Sect. 15. The Dignity and Precedency of Biſhops here in England. p. 35. Sect. 19. Their precedency among themſelves. p. 13. Sect. 1. Their Capacity of Temporal Juriſdiction reſtored. p. 36. Sect. 20. They were anciently inveſted per Annulum & Baculum. p. 24. Sect. 3. and p. 29. Sect. 8. Biſhops of London Deans of the Epiſcopal Colledge. p. 38. Sect. 22.

Biſhopricks in England, all Founded by the Kings of England. p. 24. Sect. 3. How many iu England. p. 12, 13. Sect. 1. They were anciently Donative. p. 24. Sect. 3. and p. 29. Sect. 8. Their Patronage is in the King. ibid. How the Biſhopricks of Wales became annexed to the Crown of England. p. 28. Sect. 6. They were erected into Baronies by King William the Conqueror. p. 35. Sect. 19.

Blaſphemy, what; whence ſo called; Threefold, the ſevere Puniſhments inflicted thereon. p. 559, 560. Sect. 1, 2, 3.

Bona Notabilia, what. p. 104. Sect. 6.

Bricks, whether Tithable. p. 390.

Broom, in what Caſe Tithable or not. p. 390.

Buck and Doe, not Tithable, yet payable for Tithe. p. 361. Sect. 20. and p. 380. Sect. 75.

Bull, or the Popes Bull, whence ſo called. p. 341. Sect. 3.

Burial in the Body of the Church, who hath right to Licenſe it. p. 139. Sect. 5. Whether any thing payable to the Parſon for Burial of him out of his Pariſh, that died in his Pariſh. p. 188. Sect. 5.

Burglary to enter a Church by Night with an intent to ſteal. p. 141. Sect. 8.

C.

CAerlegion in Wales, anciently the Metropolis of Britannia Secunda. p. 16. Sect. 4.

Calves, how Tithed, and when, and what kind of Tithes they yield. p. 390.

Camois, or Sir John de Camois, the remarkable Caſe of his demiſing his Wife. p. 474. Sect. 11.

Canon-Law, when and how firſt introduced into England. p. 129, &c. Sect. 44. Where and by whom it was firſt read in this Kingdom. p. 132. Sect. ibid. Whether it be any part of the Law of England. p. 585, 586. Sect. 3. p. 131. Sect. 44.

Canons anciently made by the Kings of this Realm without the Pope. p. 6. Sect. 8. They were ever called the Kings Canons, not the Biſhops. p. ibid. They cannot be made, nor oblige the Subject without the Royal aſſent. p. 7. Sect. 11. and p. 99. Sect. 2. They may not be repugnant to the Kings Prerogative, nor to the Laws or Cuſtomes of the Realm. p. ibid. p. 9. Sect. 14. p. 163. Sect. 5. p. 192. Sect. 15. p. 589. Sect. 6. What Canons in force. 1 Ed. 6. p 585. Sect. 2. They are the Eccleſiaſtical Laws of the Land. p. 112. Sect 9.

Canterbury, anciently the Royal City of the Kings of Kent. p. 13. Sect. 1. when firſt declared to be the Metropolitan Church of England, Scotland, and Ireland. p. 20 Sect. 13.

Cathedrals, whence ſo called. p. 347. Sect. 1.

Cathedraticum, what; and how it differs from Procurations; p. 72. §. 9. the original thereof. ib.

Cattel, in what caſes tythable or not, and the Herbage thereof. p. 390, 391. p. 366. Sect. 33. p. 367. §. 35. whether young Cattel are tythable. ib. p. 370, 371. §. 43. whether the Herbage of Barren Cattel be tythable. p. 373. §. 46.

Caveat entered againſt an Inſtitution to a Benefice, whether it makes void ſuch Inſtitution made after the entring of the Caveat. p. 276. §. 34. p. 280. §. 18 whether a Caveat entred in the life time of an Incumbent be void. ib.

Cautione admittenda, what that Writ imports, and the effect thereof in Law. p. 648. §. 10.

Certificate of the Biſhop, requiſite in a Plea of Baſtardy. p. 484. §. 13. in what Caſe traverſable. p. 88. §. 12.

Ceſſion, what. p. 286. §. 9. where Cognizable. p. 122. §. 11.

Chalk, whether tythable. p. 391.

Chancel, by whom to be repaired, p. 143. §. 10. p. 175. §. 4. In whom the Freehold thereof …. p. 150. §. 22.

Chancellor of a Dioceſe a deſcription of his Office. p. 81. §. 1. What matters cognizable by him. p. 85. §. 10. The original and uſe of that Office p. 81, 82. §. 2. What the Canons enjoyn concerning ſuch p. ibid. §. 3. Why called the Biſhops Vicar General. p. 81. §. 1. Whether a Divine not experienced in the Civil and Canons Laws may be a Chancellor p. 82, 83. §. 4.

Chaplains, whether the King, Queen, Prince, and Children of the Blood Royal, may retain as many as they pleaſe. p. 294. §. 3. How many the Archbiſhop of Canterbury may retain. ibid, & p. 21. §. 13. and p. 32. §. 13. How many retainable by a Biſhop, ib. How many by a Duke, Marqueſs, Earl, and other perſons of honour, p. 294. Sect. 3.

Chappel, whence that word p. 145, 146. Sect. 15. How many kinds thereof. ibid. What a Chappel of eaſe, and what a Free Chappel is, and by whom viſitable. Sect. ibid. The Imperial Law touching the building of Chappels. p. 146. Sect. 17.

Chapter, what, p. 56. Sect. 8, &c. The difference between Capitulum and Conventus. p. 58. Sect. 9.

Charles Martell, the firſt that violated the Church in point of Tithes. p. 354. Sect. 7.

Charter of William the Conquerour touching Conſiſtories. p. 84. Of King John touching the Election of Biſhops. p. 183. Sect. 10. Of King H. 8 touching Pentecoſtals. p. 74.

Chaunter and Chauntry, what. p. 392, &c. Sect. 6. Certain differences in Law touching Chauntries. p. 331. Sect. 8.

Che…ſe, in what Caſe to be Tithed or not. p. 391.

Cherry-Trees, where adjudged Timber and Tithe-free. p. 392.

Chicken, how Tithable or not. p. 392.

Child, how reputed legitimate or not, as to the time of it's Birth in computation from the time of its conception. p. 484. Sect. 12.

Chorepiſcopi, what. p. 30. Sect. 11.

Chriſtmas-day, whether Arreſts may be made thereon. p. 115. Sect. 12.

Church, none ſuch in Law until Conſecration, p. 142. Sect. 9. Anciently a Sanctuary, p. 141. ſ. 8. Threefold, p. 136. ſ. 1. Church-Lands prohibited by the Imperial Law from being alienated, p. 136. ſ. 2. In whom the Freehold of the Church and Churchyard is, p. 137. ſ. 3.

Churchwardens, by whom Eligible, and wherein their Office conſiſts, p. 160, &c. Sect. 1. p. 162. ſ. 4, 5. p. 168. ſ. 21. & p. 166. ſ. 14. Whether they are a Corporation in Law, p. 162, 163. ſ. 5. & p. 164. ſ. 11. and whether as ſuch they may take Lands to the uſe of the Church, p. 167. ſ. 17. & p. 168. ſ. 22. What power they have touching Seats in the Church, p. 140, 141. ſ. 7. What Actions may lie for or againſt them, p. 161. ſ. 2. p. 163. ſ. 7, 8. p. 167. ſ. 18. p. 168. ſ. 20. p. 186, 187. ſ. 3. Before whom they are to make their Account, p. 161. ſ. 1. p. 166. ſ. 16. & p. 167. ſ. 19. Whether the New Churchwardens may have Action for Treſpaſs done in their Predeceſſors time, p. 162. ſ. 3.

Ciſtercians, diſcharged of Tithes, p. 401. Their Priviledge in reſpect of Synodals, p. 72. ſ. 9.

Citation, whether it may iſſue originally out of the Archbiſhops Conſiſtory, to any not inhabiting within his Dioceſs or Peculiar, without Licenſe firſt obtain'd from the Dioceſan, p. 20. ſect. 12. p. ſoi. ſ. 3. p. 105. ſ. 6.

City, what properly, p. 15. ſ. 3.

Clay, whether Tithable, p. 392.

Clergy, whence ſo called, p. 61. ſ 1. Margent. What their Priviledges, p. 193, &c. ſ. 18.

Clerico capto per Statututum Mercatorum, what that Writ imports, p. 648. ſ. 12.

Clerico convicto commiſſo Goalae in delectu Ordinarii deliberando, what that Writ ſignifies, p. ibid. ſ. 13.

Clerico infra Sacros Ordines conſtituto, non eligendo in Officium, what the uſe and end of that Writ, p. ibid. ſect. 11. & p. 652. ſ. 26.

Clothes Fulled in a Fulling-Mill, whether Tithable, p. 392.

Coals, whether Tithable, p. ibid.

Coat-Armour in a Church, whether Action lies againſt ſuch as pull it down, and for whom, p. 139. ſect. 5. p. 150. ſ. 22. p. 154. ſ. 35. p 156. ſ. 38. p. 157. ſ. 42.

Collation, what, p. 252. ſ. 1. How it differs from Preſentation and Inſtitution, ibid. It is only in Right of the Patron, p. 254. ſ. 3.

Commendam, what, p. 230, 231. ſect. 1. Threefold, p. ibid. & p. 232. ſ. 3. The Law touching Commendams, p. 232. ſect. 4, &c.

Commiſſary or Commiſſarus Foraneus, what p. 81. Sect. 1. & p. 83. S. 5. and p. 89. Sect. 15. Whether the Grant of a Commiſſarie's place or the reve…an thereof by a Biſhop, ſhall bind his Succeſſors, p. 90, 91. Sect. 17, 8. Whether the Office of a Commiſſary may be granted to a Lay-perſon, p. 90 91. Sect. 18. p. 89. Sect. 15.

Common of Eſtovers, whether Tithable, p. 392.

Commpoſition in reference to Tithes, what the Law therein, 392, 393. For a mans life, whether good without Deed, p. 372. Sect. 45. For one year, or more, whether good without Deed, p. 377. Sect. 61.

Commutation for Penance juſtifiable by Law, p. 89. Sect. 14.

Confirmation of Biſhops, what, p. 44. Sect. 3, 4. The form thereof, ib. and p. 25, 26.

Conge d'Eſlire, what, p. 29. Sect. 7. p. 42. Sect. 1. The original thereof, ibid. Reſtrictions thereof, p. 29. Sect. 8.

Conſecration of Biſhops, what, p. 46. Sect. 1. The manner how, and the ancient ſolemnity thereof, p. 25, 26. Sect. 4. It is Character indelebilis, p. 49. Sect. 6. The Scandal forged by the Romaniſts, touching Conſecration of Biſhops in England, p. 27. Sect. 4. How Churches were anciently conſecrated, p. 47, 48. Sect. 3, 4, 5.

Conſent to the 39 Articles, what not good, p. 163. Sect. 8.

Conſiſtory, what, p. 83. Sect. 5, 6. Whence the word derived, and the diverſe ſignifications thereof, p. 83, 84. Sect. 6. Conſtituted by Willam the Conquerour, p. 84. Sect. 7. The Original and Antiquity of Conſiſtories, p. ibid. Sect. 7. The difference between Conſiſtorium and Tribunal, p. 85, Sect. 9.

Conſolidation of Churches, what, and whence ſo called, p. 169. Sect. 1. How diſtinguiſhed in Law. p. 172. Sect. 6. How many ways it may be. p. 170. Sect. 2. The reaſons or grounds thereof in Law. p. 170, Sect. 3. The legal requiſites in order thereto. p. 171. Sect. 4.

Conſtitutions of Claringdon, in order to Church-government. p. 100. Sect. 2.

Conſultation, in what Caſes it hath been awarded. p. 116. Sect. 12. p. 165. Sect. 11. p. 125. Sect. 31. p. 141. Sect. 7. p. 143. Sect. 10. p. 144 Sect. 12. p. 193. Sect. 17. p. 393. Sect. 27. p. 376. Sect. 56. p. 379. Sect. 71. p. 380. Sect. 73. p. 174. Sect. 1. p. 385. 394. 401. 410. 413. 414. 415. 420. 422. p. 426. 431. 435. 450. 453. 459. 463. 464. 506. Where a Conſultation is awarded after a Prohibition, there no new Prohibition to be on the ſame Libel. p. 116. Sect. 112.

Convocation Court, what. p. 98. Sect. 2. p. 586. Sect. 4. How and by whom convened. p. 99. Sect. 2. p. 586. Sect. 4. The Antiquity, Power, Priviledges, and Juriſdiction thereof. ibid.

Conies, Taken in a Warren, whether Tithable. p. 393. They are not Tithable of Common right. p. 375. Sect. 53.

Corn, The Law in reference to the Tithes thereof, p. 393, 394, &c. A Caſe in Law touching Corn ſet out for Tithes, and left by the Parſon on the Ground. p. 362. Sect. 23.

Coſts of Suit, in what Caſe not given upon failure of proof of a ſuggeſtion within the ſix months. p. 378. Sect. 66. Coſts obtain'd by Churchwardens in a Suit for Reparations, are to the uſe of the Church. p. 144. Sect. 12. Coſts of Suit diſcharged by a Pardon relating before the Taxation thereof. p. 116. Sect. 12.

Covent, anciently a Corporation. p. 328. Sect. 4.

Councils, to whom the power of calling and diſſolving them belongs. p. 5. Sect. 7. The ſeveral kinds thereof. p. 584. Sect. 1. Sect. 8. A Catalogue of Councils and Synods. p. 592, &c.

Courts Eccleſiaſtical, the ſeveral kinds thereof. p. 96. Sect. 1, &c.

Court of Augmentations, what. p 333. Sect. 10.

Cowes yielding Milk, whether Tithes due for their Paſture. p. 396.

Cranmer, when and how he became Archbiſhop of Canterbury. p. 18. Sect. 8.

Cuckold, whether Action lies for calling one Cuckoldly Knave, and where. p. 521. Sect 15. p. 520. Sect. 12.

Curate, whether he may preſcribe againſt the Parſon. p. 376. Sect. 56.

Curtelages, whether Tithes are due out of ſuch. p. 396.

Cuſtome in reference to Tithes, how it differs from Preſcription. p. 396. What Cuſtomes not Triable in the Eccleſiaſtical Courts. p. 120 Sect. 17.

D.

DAmmages, who ſhall have them Treble, and in what Caſe, p. 381. Sect. 76. p. 380. Sect. 72.

Darrein Preſentment, what that Writ imports, in what Caſe it lies, wherein it differs from a Quare Impedit, and when it abates. p. 644. Sect. 1. p. 648. Sect. 17.

David, Ʋncle to King Arthur, ſucceeded Dubritius in the Archbiſhoprick of Caerlegion in Wales. p. 17. Sect 6.

Dean, what; why ſo called. p. 51. Sect. 1. The ſeveral kinds thereof. ibid. Sect. 2. and p. 54. Sect. 4. What Dean and Chapter ſignifies. p. 51. Sect. 1. Whether they are a Body Politick, Spiritual or Temporal, p. 366, 367. Sect. 34. Dean of the Arches, whence ſo called. p. 103. Sect. 4. Deans Rural, what, p. 33. Sect. 1. A Lay-man, once Dean of Durham. p. 367. Sect. 34.

Deanary, whereof it conſiſts. p. 55. Sect. 7. Whether Deanaries are underſtood as Benefices with Cure. p. 200. Sect. 13. p. 286. Sect. 6. Whether a Deanary may be a Diſpenſation be held in Commendam with a Biſhoprick, p. 112. Sect. 10.

Decimae Majores, & Minores, what and to whom payable, p. 398.

Decrees and Decretals of the Canon Law, when firſt publiſhed here in England. p. 129. Sect. 44.

Deer, whether Tithable, p. 375. Sect. 53. and p. 398.

Defamation, what, and where Cognizable, p. 515, &c.

Degradation, what, p. 309. Sect. 8. May be done two ways, ibid.

Deprivation, what, p. 306. Sect. 1. The cauſes thereof, p. 206, 207. Sect. 2. Where cognizable, p. 122. Sect. 21. Whether a Bar to Tithes due before, p. 398. Whether the Church be void, pending the Appeal from a Sentence of Deprivation, p. 314. Sect. 17.

Delegates-Court, how Conſtituted, p. 117. Sect. 13. Whether they may Excommunicate, or grant Letters of Adminiſtration, p. ibid.

Dilapidation. what, p. 173. Sect. 1, 2, 3. The remedies in Law againſt it; and how many ways it may happen, ibid. Whether it be a ſufficient cauſe of Deprivation, p. 175. Sect. 5, 9. and p. 315. Sect. 19.

Dioceſs, whence that word derived, p. 101. Sect. 3. What it properly ſignifies, p. 275. Sect. 8.

Diſcharge of Tithes, how many ways it may be, p. 398. In what Caſes it may be, or not, p. 358. Sect. 12. p. 368. Sect. 38.

Diſpenſation, the true definition thereof, p. 112. Sect. 9. By whom Diſpenſations may be granted, and in what Caſes, p. 107, &c. Sect. 8. Anciently had from the Court of Rome. ibid. It may be without the word [Diſpenſamus] p. 302. Sect. 18. They are grantable by the King, qua talis, p. 5. Sect. 7. p. 109. Sect. 8. The granting thereof is eminently in the Crown, p. 6. Sect. 9. The Archbiſhop of Canterbury may be Statute grant them, ibid. p. 19. Sect. 11. The difference between ſuch granted by the Pope formerly, and thoſe granted by the King now, p. 293. Sect. 2. In what Caſe grantable by the Guardian of the Spiritualties, p. 40. Sect. 3. What remedy in Law in Caſe he refuſe ſo to do, ibid.

Divorce, what, 493. Sect. 1. The Cauſes thereof, ibid. Whether (if for Adultery) it diſſolves the Marriage à vinculo, p. 495. Sect. 3, &c.

Donative Churches, what, p. 202. Sect. 16. The Original thereof, p. ibid. By whom viſitable, p. 34. Sect. 18. The Law concerning Donatives, p. 262. Sect. 18. How they ceaſe to be ſuch, and become Preſentative, p. 201. Sect. 16. and p. 263. Sect. 21. Whether a Donative in the Kings gift may be with Cure of Souls p. 218. Sect. 23.

Dotards, whether Tithable, p. 405.

Doves in a Dove-houſe, what Tithes they pay, p. ibid.

Druids, their Idol-Temples, when firſt aboliſhed in England, p. 16. Sect. 4.

Drunkard, whether actionable to call one ſo, p. 516. Sect. 3. p. 521. Sect. 14.

Dubritius, Archbiſhop of Carlegion in Wales, p. 17. Sect. 6.

Duplex Querela, what, p. 275. Sect. 8.

E.

ECcleſia, whence that word derived, p. 136. Sect. 1.

Eccleſiaſtical Laws of England, the Antiquity thereof, p. 129, &c. Sect. 44.

Edgar King, his Zeal for the Church in his Oration to the Clergy of England, p. 97. Sect. 1.

Eggs, how, when, and in what Caſe Tithable, p. 405.

Election of Biſhops, how and by whom to be made, p. 43. Sect. 2.

Eleutherius Pope, what ſtyle be gave K. Lucius, p. 4. Sect. 4. p. 111. ſ. 8.

Elopement, what it ſignifies, p. 508. Sect. 13.

Epiſcopal Authority derived from the Crown, p. 30. Sect. 10. Epiſcopal Juriſdiction endeavoured to be taken away, p. 36, 37. Sect. 2.

Epiſcopocide in a Clerk, Petty Treaſon, p. 35. Sect. 19.

Eſtovers burnt in a houſe, whether Tithable, p. 372. Sect. 46. p. 392.

Ethelbert, King of Kent, by whom Canterbury was given to St. Auſtin for his See, p. 13. Sect. 1. p. 17. Sect. 5. Whether he built St. Pauls Church in London, p. 17. Sect. 7.

Ethelwolph, Son and Succeſſor to Egbert, the firſt ſole King of England; he was Biſhop of Wincheſter, p. 36. Sect. 19. And the firſt that enriched the Church of England with Tithes, p. 348. Sect. 1.

Euginus, whether he were the firſt that ſtyled himſelf Pope, the firſt that conſecrated Churches, and the firſt that decreed Godfathers and Godmothers in Baptiſm, p. 49. Sect. 7.

Examination, when and by whom to be performed, p. 270 Sect. 1, 3.

Excommunication, what, p. 624. Sect. 1, 2. Twofold, ibid. What intended by Excommunication ipſo facto, p. 626. Sect. 4. What the cauſes in Law of That Excommunication, p. 628. Sect. 8. In what manner Excommunication is to be pronounced, p. 626. Sect. 6. By whom it is to be certified, and how, p. 635. Sect. 18. Whether the Ordinary may take Bond of an Excommunicate, for his ſubmiſſion in order to abſolution, p. 637. ſ. 25. whether Excommunication in a Patron, be ſufficient cauſe for a Biſhop to refuſe the Clerk preſented by ſuch Patron, p. 266. Sect. 32.

F.

FAculty, or Court of Faculties, or Faculty Office, what, p. 107. Sect. 8. The Archbiſhop of Canterbury impower'd by the Statute to grant Faculties, ibid. and p. 19. Sect. 11. The force and efficacy thereof to Commendams or two Benefices, p. 107, 109, 110. Sect. 8. The difference between a Faculty to Take and a Faculty to Retain a Benefice, p. 110. Sect. 8.

Fallow-grounds, whether Tithable, p. 405.

Fees for Probate of Teſtaments, what due by Statute, p. 105, 106. Sect. 6.

F…nny-Lands drain'd, whether they pay Tithes preſently, p. 406.

Ferae naturae, Creatures of that kind, whether Tithable, p. 405.

Firſt-fruits, by and to whom payable, p. 337. Sect. 2. vid. Annates.

Fith taken in the Sea, or in a River, Pond or Piſcary, whether Tithable, and how, p. 406. and p. 367. Sect. 36. p. 379. Sect. 68. p. 375. Sect. 53.

Flamins, how many anciently in England, p. 16. Sect. 4.

Flax, what Tithes it pays, and when, p. 407.

Foreſt-Lands, whether Tithable or not, and by whom, p. 407, 408. Not ſcituate in any Pariſh, to whom the Tithes ſhall be paid p. 408. Whether Priviledg'd from Tithes, whilſt in the Kings hands, otherwiſe in the Subjects, p. 369. Sect. 41. Whether they are Priviledged from Tithes, if in the hands of the Kings Patentee or Grantee, p. 399. 401.

Fowl taken, in what Caſe Tithable or not, p. 408.

Fraud in ſetting forth Tithes, whether treble dammages in that Caſe p. 380. Sect. 72. p. 381. Sect. 76.

Freehold f the Church or Chancel, in whom it is, p. 137. Sect. 3. p. 83. Sect. 4. p. 139. Sect. 5. p. 142. Sect. 9. p. 150. Sect. 22. p. 151. Sect. 25. p. 155. Sect. 38.

Frigidity in the Man pleaded by the Woman, how the Civil Law proceeds thereon, p. 493. Sect. 1.

Fruit-Trees, what Tithes they pay, and when, p. 408.

Fuiſe, whether Tithable, p. ibid.

G.

GArba, or Decima Garbarum, what it ſignifies, p. 381. Sect. 78.

Gardens, how Tithable, p. 409. p. 371. Sect. 43.

Geoffry Plantaginet, Son to King H. 2. was Biſhop of Lincolne, p. 36. Sect. 19.

Glaſs-windows Painted in the Iſle of a Chappel, if pulled down, whether Actionable, p. 138. Sect. 5.

Gleab, what, p. 409. The Law concerning the Tithes thereof, ibid. & p. 410. Gleab of a Parſonage Impropriate and Leaſed, whether Tithable, ibid. & p. 368. ſect. 38. Whether Gleab in Leaſe pays Tithe, p. 362, 363. ſ. 26. Whether the Freehold of the Gleab, during a Vacancy, be in the Patron or not, p. 183. ſ. 9. Gleab manured and ſowed by an Incumbent that dies before Harveſt, who ſhall have the Corn, p. 318. ſ. 3.

Godfathers and Godmothers in Baptiſm, the Original thereof, p. 49. ſ. 7.

Grain, pays a Predial Tithe, p. 411.

Grant of Tithes, whether good without Deed, p. 386.

Graſs, what Tithes that pays, and how, p. 410, 411. Graſs-cocks Tithed, p. 374. ſ. 50.

Grave-Stone taken away, whether Actionable, and where, p. 157. ſ. 42.

Gravel, whether Tithable, p. 411.

Grounds lett to Strangers out of the Pariſh, who anſwers the Tithe, ibid.

Guardian of the Spiritualties, his Office, and by whom Conſtituted, p. 39. ſect. 1. p. 41. ſ. 4, 5. His power in the vacancy of an Archbiſhoprick, p. 40. ſ. 2. What Remedy in caſe he ſhall refuſe to grant Faculties or Diſpenſations, where they may or ought to be granted, p. 40. ſ. 3.

H.

HAlimots, anciently what, p. 97. Sect. 1.

Hay, the Law touching Tithe-Hay, p. 412, 413. Whether the Tithes thereof may belong to the Vicar, p. 381. ſ. 77. Two Crops of Hay from the ſame ground the ſame year, whether both Tithable, p. 412.

Hazel, Holly, Willows, and Whitethorn, in what caſes they may be Tithable or not, p. 377. ſ. 62.

Head-Lands, whether Tithable, p. 359. ſ. 16. p. 369. ſ. 39. p. 374. ſ. 52.

Hearth-peny, the ancient Cuſtome thereof, p. 367. ſect. 35. p. 372. ſ. 46.

Heath, Furſe, and Broom, in what caſes Tithable or not, p. 413. Barren Heath-ground, in what ſenſe excuſed of Tithes for the firſt Seven years, p. 375. ſ. 53.

Hedging and Fencing-Wood, whether Tithable, p. 370, 371. ſ. 43.

Hemp, what Tithes that pays, p. 413. & p. 366. ſ. 32.

Heyfers, whether Tithes due for the Herbage thereof, p. 370. Sect. 43.

Henry de Blois, Brother to King Stephen, was Biſhop of Wincheſter, p. 37. Sect. 16.

Henry de Beaford, Brother to King H. 4. was alſo Biſhop of Wincheſter, p ibid.

Herbage, what, and how Tithable or not, p. 370, 371. Sect. 43. & p. 413. Herbage of Sheep, whether Tithable, p. 464.

Hereſie, what, and whence the word derived, p. 560, 561. Sect. 4. Threefold, ibid. Where Cognizable, p. 561, 562. Sect. 6. How puniſhed, p. 562, 563. Sect. 7. It is Lepra animae, ibid.

Hereticks, an Alphabetical Catalogue of ſuch; their Errors and Hereſies; the Times and places when and where broached; and the Councils wherein they were condemned, p. 164, 165, &c.

High Commiſſion-Court, the Conſtitution thereof, p. 11, 12. Sect. 14. What the power thereof was, p. 118. Sect. 14.

Hoel-Dha, his Law againſt fighting in the Church-yard, p. 140. Sect. 6.

Honey, whether and how Tithable, p. 413, 414.

Hoods to be worn by Proctors in the Arches, when and by whom firſt enjoyned, p. 103. Sect. 4.

Hops, what Tithes they pay, and how Tithed, p. 414. Whether Great Tithes to the Parſon, or Small Tithes to the Vicar, p. 366. Sect. 32. Whether they may not belong to the Vicar by Preſcription, p. 381. Sect. 77. The difference in Kent (as to Tithes) between Hops in Orchards, and Hops in Gardens, p. 366. Sect. 32.

Hop-poles, whether the Wood thereof Tithable or not, p. 414.

Horſes for Husbandry, whether their Paſture be Tithable, p. 371. Sect. 43.

Hoſpitallers, either Lay or Spiritual, by whom Viſitable, p. 34. Sect. 18. They were diſcharged of Tithes, p. 402.

Houſes being Dwelling Houſes, where Tithable, p. 414, 415.

Hubert, Archbiſhop of Canterbury, p. 7. Sect. 11.

Hundred-Court, the Antiquity thereof, and Extent anciently of its Juriſdiction, p. 96. Sect. 1. p. 84. Sect. 7.

I

JAde, to call one Welch Jade, whether Actionable, and where p. 522. Sect. 17.

Jealouſie, how the Civil Law proceeds therein, p. 472. Sect. 7.

Ideocy, in what caſe Triable in the Eccleſiaſtical Court, p. 120. Sect. 17.

Jewiſh Hereticks, who ſuch anciently, and what their Hereſies, p. 580, &c. Sect. 9.

Impotency in a Man, how to be proved, p. 493. Sect. 1.

Impropriations, how many within York Dioceſs, p. 14. Sect. 2. vid. Appropriations.

Ina, the Saxon King, whether he the firſt that gave Peter-pence to the Pope, p. 112. Sect. 8. His Law againſt Striking in the Church, p. 140. Sect. 6.

Incumbent, what, p. 317. Sect. 1. Legal Requiſites to make a Compleat Incumbent, p. ibid. His Rights, p. 318. Sect. 2.

Indians, their ſevere puniſhment of Adultery, p. 471, 472. Sect. 6.

Indicavit, what that Writ imports; the end and uſe thereof; in what caſes, and for whom it may be awarded, p. 647. Sect. 6. p. 439.

Induction, what, and how executed, p. 278. Sect. 16. Whether it be a Temporal Act, and cognizable in the Temporal Court, p. 279. Sect. 17.

Infant, if under age Admitted and Inſtituted to a Benefice, it is void, p. 280. Sect. 20. Whether Action lies againſt a Minor under Seventeen years of age for Slandering, p. 524. Sect. 23.

Ingulphus, Abbot of Crowland, his Report touching Appropriations, p. 280. Sect. 1.

Inſtitution, what; the Form thereof; Requiſites thereto; and what Remedy, if denied, p. 274. Sect. 8. Inſtitutions are cognizable in the Eccleſiaſtical Court, p. 123. Sect. 28. The difference between the Civil and Common Law touching Inſtitutions, p. 276. Sect. 9. Whether it works a Plenarty without Induction, p. ibid. Sect. 11. p. 280. Sect. 18. p. 281. Sect. 21.

Ireland, until what time under the Archbiſhop of Canterbury, p. 20. Sect. 13.

Iſle of a Church, who may preſcribe to it, p. 138. Sect. 4. or whether it may be peculiar to a Family, p. ibid. Sect. 5. p. 158. Sect. ult.

Juriſdiction Eccleſiaſtical and Temporal, the Original of that diſtinction, p. 133. Sect. 44.

Juris utrum, for and againſt whom that Writ lies, p. 205. Sect. 1.

Jure Patronatus, what that Writ imports, p. 206. &c. How the Law proceeds therein, p. 179. ſ. 2. In what caſe the Biſhop may make uſe thereof, and his power therein, p. 33. ſ. 16. At whoſe charge it is to be, p. 180. ſ. 3. What Jus Patronatus is, p. 205. ſ. 1.

Jus Canonicum, the Original thereof, p. 132. ſ. 44.

K

KAnute King, his ſtrict Law concerning Abbots, p. 328. Sect. 3.

Knave, whether Actionable to call one ſo, p. 517. ſ. 4. & p. 524. ſ. 21, 24.

L

LAmbs, how Tithable, p. 416. They yield a ſmall Tithe, and may belong to the Vicar, p. 198. Sect. 3. p. 359. ſ. 16. In what caſe they may be Great Tithes, and payable to the Parſon, p. 366. ſ. 32.

Lands accruing to the Crown by the Statute of Diſſolutions, whether they ſhall pay Tithes, p. 416.

Lapſe, what, p. 242. ſ. 1. The Original and gradations thereof, ibid. The difference between the Common and Canon Law as to the time of Lapſe, p. 245. ſect. 2. When the Six Months ſhall commence, ibid. How the Six Months before a Lapſe are to be computed by Daies, and how Notice ſhall be given to the Patron or not before the Lapſe incurrs, p. 247. ſ. 4. Whether a Grant may be made of a Lapſe, p. 248. ſ. 5. A Lapſe is more a Truſt than an Intereſt, ibid. From what time the Lapſe ſhall incurr, ibid. ſ. 6. In what caſe the Lapſe may incurr to the Ordinary, notwithſtanding a Quare Impedit brought by the Patron, p. 183. ſ. 10.

Lapſe made by one Biſhop de facto during the life of another de jure, of the ſame Dioceſs, whether good, p. 38. ſ. 23. Leaſes of Tithes, whether Triable in the Eccleſiaſtical Court, p. 127. ſ. 140. They muſt be by Deed, not Parol, p. 382. ſ. 81. Leaſes made by Parſons, p. 199. ſ. 10. Caſes at Common Law touching the ſame, p. 190. ſ. 10, 11. p. 193. ſ. 17.

Legacies, properly ſuable for in the Eccleſiaſtical Court, p. 113. ſect. 11. p. 125. ſ. 34. & p. 126. ſect. ibid.

Legates of the Pope, of Three ſorts, p. 20. ſ. 12. p. 102. ſ. 3. Legatus Natus, what it imports, and who were ſuch in England, p. 20. ſ. 12. p. 21. ſ. 13. & p. 105. ſ. 6.

Leſſee to Parſon and Vicar, whether he may Sue for the Tithes in one Action, or muſt divide his Actions, p. 381, 382. ſ. 80.

Letter expreſſing the Grant of the Next Avoidance, vain and ineffectual, p. 285. ſ. 4.

Libel, whereof a true Copy denied, is ground for a Prohibition, p. 122. Sect. 24.

Licenſe to carry away Tithes without ſetting them forth, given by a Collector of Tithes, whether good, p. 379. ſ. 71.

Lime, Marle, Slates, or Tiles, whether Tithable, p. 417.

Lind wood, what he was, and when his Provincial Conſtitutions were compiled, p. 208. ſ. 5.

Litigious, how many ways a Church may ſo become, p. 181, 182. ſ. 6.

Lollards, what they were, and why ſo called, p. 561. ſ. 5.

London, anciently an Archbiſhoprick, p. 17. ſ. 7. The Metropolis of Britannia Prima, p. 16. ſ. 4. The Archiepiſcopal See thereof removed and placed at Canterbury by the Saxons, p. ibid.

Lops of Trees, whether Tithable after Twenty years growth, p. 417.

Lucius, Firſt Chriſtian King of Britain, p. 15. ſ. 4. By whom Converted to the Chriſtian Faith, ibid. When Baptized, p. 16. ſ. 4.

M

MAhumetans, their ſevere puniſhment of Adultery, p. 471. Sect. 6.

Malum in ſe and Malum prohibitum, the Legal difference between them, p. 10. ſ. 14. p. 187. ſ. 4.

Marriage after Divorce, altera parte exiſtente, whether lawful, p. 495. ſ. 3, &c.

Marſh-Lands, or Fenn-Lands, newly gained from the Sea, whether under the notion of Barren Lands, as to any diſcharge of Tithes, p. 387.

St. Martins Le grand, London, whether it be an Eccleſiaſtical Benefice, p. 202. ſ. 16.

Maſt of Oak, or Beech, whether Tithable, and how, p. 417.

Maſters of Chancery, what they were anciently, and why ſo called, p. 550. ſ. 21.

Meadows over-run with Thorns and Buſhes, whether Tithable, p. 417.

Metropolitan, why ſo called, the derivation of that word, p. 15. ſect. 3.

Midwives queſtion'd in the Eccleſiaſtical Court for exerciſing that Calling without a Licenſe from the Ordinary, whether Prohibition lies, p. 126. ſ. 36.

Milk paying Tithes, exempts the Cheeſe from payment thereof, p. 391, 420.

Milch-kine, whether their Paſture be Tithable, p. 372. ſ. 44.

Mills, the Law concerning the Tithes thereof, p. 417.

Mill-Stones, in what caſes Tithes ſhall be paid of them, and how, p. 420.

Mines or Minerals, whether Tithable, p. 420. & p. 368. Sect. 36.

Mixt Tithes, what, p. 420.

Modus Decimandi, what the Law therein, p. 420, &c. Cognizable in the Eccleſiaſtical Court, p. 119. Sect. 17. p. 125. ſ. 33. p. 127. ſ. 42. p. 364. p. 373. ſ. 48. p. 379. ſ. 67. p. 363. ſ. 28, 29. p. 128. ſ. 43. In what caſe it may be Triable at Common Law, p. 368. ſ. 36. A Modus pleaded to obtain a Prohibition, p. 377. ſ. 60.

Moieties of Tithes, if between two Parſons, whether the Pariſhioner be obliged to divide them, p. 362. ſ. 24.

Monaſtery-Lands, the Law touching them in reference to Tithes, p. 422, 423.

Monuments erected in Churches or Church-yards, if defaced or pulled down, what Action lies, and for whom, and where Cognizable, p. 142. Sect. 9. p. 139. ſ. 5. p. 154. ſ. 33.

Mortuaries, the Law concerning them, p. 423, 424.

Mulier, what at the Common Law, 478. ſ. 2. p. 486. ſ. 17. What by the Civil, p. 487. ſ. 19. How it differs from Baſtard, p. 478. ſect. 2. p. 486, 487. ſ. 18, 19.

N

NAg, whether Tithes due for the Paſture of a Riding Nag, p. 425. p. 360. Sect. 18. p. 371. ſ. 43. & p. 429.

Ne admittas, what that Writ imports, the end and uſe thereof, p. 646. ſ. 4.

Ne unques accouple en Loyal Matrimonie, is to be tried by the Certificate of the Biſhop, p. 122. ſ. 21.

Next Avoidance, what, p. 284. ſect. 3.

Nomination, what, p. 259. ſect. 11. Qualifications thereof, ibid. In what caſe it may be the ſame with Preſentation, p. 260. ſ. 12. It may be corrupt and Simonical as well as the other, p. ibid. ſect. 13.

Non obſtante, in Faculties granted by the Pope, of what efficacy in Law, p. 109. ſ. 8.

Non Reſidence, what, p. 319, ſect. 9, 10. What ſhall excuſe it, p. 320. ſ. 9, 10. p. 321. ſ. 13. What ſhall be held Non Reſidence within the Statute, or not, p. ibid. ſect. 12, 13. p. 323. ſ. 16. The Ancient Canons touching Non Reſidence, p. 320. ſ. 10. p. 322. ſ. 15. Whether Non Reſidence makes void a Leaſe of Tithes made by the Parſon, p. 323. ſ. 16. & p. 384. ſ. 18.

Notice of Avoidance, when and how to be given to the Patron, p. 181. Sect. 4. p. 245. ſ. 2. To be given in caſe of Ceſſion, p. 287. ſ. 11. Whether Notice of ſetting forth Tithes is to be given to the Parſon, p. 376. ſ. 58. p. 450.

Novatius, his Error concerning Biſhops, p. 23. ſ. 1.

Nurſeries of young Trees and Plants, whether and in what caſe Tithable or not, p. 426.

O

OAth of Supremacy, the Original thereof, p. 3. Sect. 3. Oath of Reſidence, p. 320. ſ. 11.

Oaks, the Law of Tithes touching them, p. 426.

Oblations, what properly they are, and the Law thereof, p. 426, 427. What are not ſuch, that are commonly ſo ſuppoſed to be, p. 156. ſ. 38.

Obligation to Reſign a Benefice, whether good, p. 189. ſect. 7. Obligation not to accompany ſuch a Woman, taken in the Eccleſiaſtical Court, p. 114. ſ. 12.

Odo, Brother to William the Conquerour; he was Biſhop of Bayeux in Normandy.

Offerings, Oblations, and Obventions, the Law concerning them, p. 426, 427.

Office of Regiſter to a Biſhop, if controverted, where Cognizable, p. 126. ſect. 35. The difference in point of Juriſdiction between a Right to and the Exerciſe of an Office, p. 93. ſ. 20.

Officiales Foranei, what, p. 81. ſ. 1. p. 89. ſ. 15.

Orchard, the Ground thereof ſowed with Seed, whether Tithable, p. 427. Tithes of Orchards by Cuſtome, p. 367. ſ. 35. Orchard formerly Arable, to whom Tithable, p. 361. ſ. 21.

Ordinary, what, p. 32. ſect. 14. Why the Biſhop ſo called, p. 23. ſect. 2. What the Civil Law underſtands by that word [Ordinarius,] ibid. Whether he may Cite a man out of his own Dioceſs, p. 33, 37. ſ. 17. p. 104, 105. ſ. 6. Whether he may diſpoſe of any of an Inteſtates Goods to pious uſes, in what caſe, and under what Cautions and Limitations, p. 106. ſ. 6. He hath Curam Curarum, p. 32. ſ. 14.

Organs in a Church, to whom they belong, p. 167. ſ. 18. if taken away, where the Action lies, p. 161. ſ. 2.

Ornaments of the Church, at whoſe charge to be provided, and how the ſame ſhall be charged, p. 137. ſect. 4. p. 152. ſ. 29. p. 154. ſ. …4.

P

PAgans, the ſtrange Puniſhments inflicted by them on Adulterers, p. 470. Sect. 4.

Pallium Epiſcopale, a deſcription thereof, p. 23. ſ. 2.

Pander, whether to call one ſo be Actionable, p. 524. ſ. 21.

Pannagium, what that word ſignifies, p. 383.

Pardon, whether it may extend to prevent a Deprivation, p. 312. ſ. 15. Whether a General Pardon ſhall barr a Suit in the Eccleſiaſtical Court for Slander, p. 121. ſ. 19. In what caſe it may barr Coſts of Suit, p. 116. ſ. 12.

P…rk diſparked, how Tithable, p. 361. ſect. 20, 21. p. 364, 365. ſ. 31. p. 427, 428. How to be Tithed, if converted into Tillage, p. 361. ſ. 20. & p. 380. ſ. 75.

Pariſh, the various acceptation of that word, p. 355, 356. ſect. 8. By whom Pariſhes were firſt divided, p. 72. ſ. 8, 9. Parochial Bounds, where Cognizable, p. 126. ſ. 37. p. 128. ſ. 28. p, 125. ſ. 31. p. 157. ſ. 40. p. 153. ſ. 31. & p. 380. ſ. 74. Being Controverted between Spiritual perſons, are Cognizable in the Eccleſiaſtical Court, p. 123. ſ. 27. Otherwiſe at the Common Law, p. ibid. ſ. 28. p. 124. ſ. 30. p. 126. ſ. 37.

Pariſh-Clerk, by whom to be choſen, p. 166. ſ. 12. & p. 192. ſ. 15.

Parſon, who properly ſuch, p. 185, 186. ſ. 1. He hath a double Capacity, p. 193. ſ. 16. Parſon Imparſonee, what, p. 186. ſ. 2. How he ought to be qualified to be a Parſon, p. 187. ſ. 4. Requiſites in Law for that Function, ibid. What his Rights are, p. 186. ſ. 3. The difference between Parſon, Paſtor, Rector, Vicar, and Curate, p. 186. ſ. 1.

Parſonage, Church, and Rectory, are terms Synonymous, p. 188. ſect. 6.

Patridges and Pheaſants, though not Tithable, yet paiable in lieu of Tithes, p. 361. ſect. 20. What Tithes tame Patridges ſhall pay, p. 428.

Paſture, the Law in reference to the Tithes thereof, p. 428, 429.

Patria obedientiae, and Patriae conſuetudinariae, the difference between them, p. 130. ſ. 44.

Patriarch, what, p. 20. ſ. 13. A Style or Title anciently given to the Archbiſhop of Canterbury, p. ibid.

Patron, what he is, and why ſo called, p. 178. ſect. 1. p. 205. ſ. 1. Who is properly the Patron of a Vicarage, p. 199. ſ. 9. Whether a Patron hath any thing to do in the Church during a Plenarty, p. 191. ſ. 12. His Conſent requiſite to Commandams, Vnions, and Appropriation of Churches, p. 229. ſ. 8.

Paul or St. Paul, whether he Preach'd here in England, p. 16. Sect. 4. St. Pauls Church London, by whom firſt built, p. 17. Sect. 7.

Paulinus, Archbiſhop of York, p. 14. Sect. 2.

Peaſe, in what Caſe not Tithable, p. 429.

Pelagius, a Monk of Bangor, his refuſal to appear at Rome upon the Popes Summons, p. 111. Sect. 8.

Pelagian Hereſie, when this Kingdom firſt infected therewith, and by whom ſuppreſſed, p. 16. Sect. 5.

Peculiars, or the Court of Peculiars, what it was, p. 119. Sect. 16. How many Peculiars in the Province of Canterbury. ibid.

Pelts or Fells of Sheep dying of the Rot, whether Tithable, p. 429.

Penſions ſuable in the Eccleſiaſtical Court, p. 127. Sect. 41. p. 188. Sect. 6. p. 198. Sect. 5. p. 376. Sect. 57.

Pentecoſtals, what, and whence ſo called, p 73, 74. Sect. 10.

Peters Church in Cornhil, London, once the Cathedral of a Dioceſs p. 17. Sect. 7. By whom founded, ibid.

Peterpence, what; The Original thereof, and why payed to Rome, p. 73, 74. Sect. 10. p. 112. Sect. 8. p. 356. Sect. 9. The Conquerors Law concerning the ſame, p. 73. Sect. 10. Anciently taken from the Pope, and given to the King, p. 100. Sect. 2.

Pews in the Body of the Church, at whoſe diſpoſal they are, p. 137. Sect. 3. p. 156. Sect. 38. p. 158. Sect. ult. vid. Seats.

Pheaſants, of what kind are Tithable, p. 430. Though properly not Tithable, yet as a Modus may be paid for Tithes, p. 380. Sect. 75.

Pictures in Church-windowes, if pulled down, whether Actionable, p. 138. Sect. 5.

Pigeons, in what Caſe Tithable or not, p. 430. Spent in the Owners Houſe, not Tithable, p. 368. Sect. 37. p. 375. Sect. 53. Otherwiſe if ſold, ibid. Felony to ſteal them out of a Dove-houſe, ibid. vid. Doves.

Pigs, how Tithable, p. 430.

Pilchards, and other Sea Fiſh, whether Tithable, and how, p. 379 Sect. 68.

Pimp, whether and where Actionable to call one ſo, p. 521. Sect. 16.

Pits of Stone, Lime, &c. whether Tithable, p. 430.

Plants, tranſplanted, whether Tithable, p. 431.

Plato's Law concerning Adulterers, p. 473. Sect. 9.

Plurality, what, p. 292. Sect. 1. Who may grant or receive Pluralities, p. 294. ſect. 3. Qualifications in Law touching Diſpenſations for Pluralities, p. 295. Sect. 4. Whether the taking of a Parſonage with a Vicarage endowed, amounts to a Plurality within the intent of the Statute, p. 296. ſect. 5. The Text of Canon Law againſt Pluralities, p. 300. ſect. 15.

Pope, when his uſurpation in England firſt began, p. 97. Sect. 1. When and by whom here firſt abrogated, p. 18. Sect. 8. What his power was in granting Diſpenſations, p. 5. Sect. 7.

Poſtulation, what, p. 49. Sect. 8.

Prebends, what, and why ſo called, p. 35. Sect. 19.

Prerogative Court of Canterbury, the Juriſdiction thereof, p. 104. Sect. 6.

Preſcription, p. 431. to 436. The Law thereof in reference to Tithes, ibid. and p. 358. Sect. 12. In what Court cognizable, p. 367. Sect. 29. p. 125. Sect. 33. In what Caſe a Parſon preſcribing for Tithes may ſue on that Preſcription in the Eccleſiaſtical Court, ibid. Preſcription meerly Spiritual, Cognizable in that Court, p. 156. Sect. 39. Preſcription to a Seat in a Church, or to Priority in that Seat, whether cognizable in the Temporal Court, p. 138. Sect. 5. p. 140. Sect. 7. p. 142. Sect. 9. p. 149. Sect. 21. p. 155. Sect. 38. p. 147. Sect. 18. p. 151. Sect. 25. Whether a Preſcription to Eccleſiaſtical things be Cognizable in the Eccleſiaſtical Court, p. 153. Sect. 33. Preſcription pleaded by a Parſon againſt the firſt Endowment to the Vicar, whether allowable, p. 375. Sect. 54. Preſcription de non decimando not denied to a Spiritual perſon, p. 399. The difference between the Civil and Common Law in point of Preſcriptions, p. 129. Sect. 43.

Praemonſtracenſes, how diſcharged of Tithes, p. 402.

Preſentation to a Benefice what, p. 254. Sect. 4. Where the Right of Preſentation is cognizable, p. 256. Sect. 6. What the Law touching Preſentation is, in caſe of Copareeners, Joynt-Tenants, and Tenants in Common, p. ibid. Sect. 7. How the Preſentation is to be in caſe of Coheirs, p. 255. Sect. 4. Whether a Preſentation be revocable before Inſtitution, p. 258, 259, Sect. 9, 10. What Preſentation ſhall ſerve for a Turn, p. 262 Sect. 19. To what things a Preſentation may be, p. 263. Sect. 21. In what Caſes the King ſhall have the Preſentation by his Prerogative, p. 263, 264. Sect. 23, 24. The difference in Law between the King and a Common perſon as to Preſentations, p. 265. Sect. 28.

Primate and Metropolitan of all England, when and how that ſtyle on title firſt veſted in the Archbiſhop of Canterbury, p. 18. Sect. 8.

Priority in the Seat of a Church, whether it may be preſcribed, p. 140. Sect. 7.

Priviledges of the Clergy, p. 193, &c. Sect. 18. Priviledge in reſpect of Tithes, what, p. 436.

Procuration, what p. 67. Sect. 1. When and to whom payable, ibid. Whether due without the Act of viſiting, p. 68. ſ. 2. p. 69. Sect. 4. p. 75. ſ. 10. p. 78. Sect. 11. Anciently paid in victualibus, when and how changed into Money, p. 68. Sect. 3. How the Canoniſts define it, p. 69. Sect. 5. OnelyOnly one Procuration to be paid to the Ordinary, how that is to be underſtood, p 70. Sect. 6.

Prohibition, in what Caſes it hath been granted, p. 89. Sect. 16. p. 114. Sect. 12. p. 121. Sect. 17. p. 93. Sect. 20. p. 122. Sect. 22. p. ibid. Sect. 23, 24. p. 126. Sect. 36, 37, 38, 39. p. 128. Sect. 43. p. 138. Sect. 4. p. 140. Sect. 7. p. 144. Sect. 13. p. 113. Sect. 11. p. 121. Sect. 20. p. 148. Sect. 20. p. 151. Sect. 24. p. 149. Sect. 22. p. 151. Sect. 25. p. 152. Sect. 26, 28. p. 153. Sect. 30, 31. p. 127. Sect. 40. p. 119. Sect. 15. p. 163. Sect. 5. p. 114. Sect. 12. p. 149. Sect. 21. p. 188. Sect. 5. p. 142. Sect. 9. p. 152. Sect. 29. p. 153. Sect. 32. p. 155. Sect. 38. p. 157. Sect. 40. p. 374. Sect. 49. p. 377. Sect. 62. p. 379. Sect. 67. p. 387. 393. 409. 410. 407. 425. 429. 430. 436. p. 473. Sect. 7. p. 485. Sect. 15. p. 177. Sect. 8, 9. p. 373. Sect. 47. p. 190. Sect. 9. p. 166. Sect. 12, 13, 14. p. 167. Sect. 19. p. 176. Sect. 8. p. 277. Sect. 12. p. 92. Sect. 19. p. 101. Sect. 3. p. 104. Sect. 6. p. 119. Sect. 17. p. 147. Sect. 18. p. 298. Sect. 9. p. 166. Sect. 15. p 198. Sect. 4. p 258. Sect. 10. p. 267. Sect. 34. p. 115. Sect. 12. p. 299. Sect. 11. p. 281. Sect. 22, 23. p. 116. Sect. 12. p. 164. Sect. 9, 11. p. 319. Sect. 7. p. 359. S. 14. p. 369. Sect. 40. p. 192. Sect. 15. p. 364. Sect. 30. p. 368. Sect. 37. p. 361. Sect. 20, 21. p. 362. Sect. 22. p. 368. Sect. 38, 39. p. 371. Sect. 43. p. 375. Sect. 53. p. 362. §. 25. p. 365. §. 31. p. 369. §. 39. p. 378. §. 64. p. 382. §. 82. p. 520. §. 12. p. 517. §. 5. p. 505. §. 12. p. 521. Sect. 14. p. 523. §. 19. p. 524. §. 21. In what Caſes the Prohibition hath been denyed, p. 83. Sect. 4. p. 115, 116. Sect. 12. p. 119, 121. Sect. 17, 18. p. 122, 123. §. 25, 26, 27, 28. p. 124. §. 29. p. 125. §. 31, 32, 33, 34. p. 126. §. 39. p. 127, 128. §. 42, 43. p. 137. §. 3. p. 144. §. 11. p. 148. §. 19. p. 153. §. 30. p. 174. §. 1. p. 152. §. 27. p. 364. ſect. 29. p. 380. ſect. 74. p. 156. ſect. 39. p. 166. ſect. 16. p. 198. ſect. 5. p. 318. ſect. 5. p. 359. ſect. 15. p. 120. ſect. 17. p. 92. ſect. 19. p. 366. ſect. 33. p. 376. ſect. 57. p. 364. ſect. 29. p. 386. p. 389. p. 412. p. 413. p. 420. p. 429. p. 451. p. 456. p. 464. p. 520. ſect. 13. p 512. ſect. 18. p. 507. ſect. 12. p. 521. ſect. 15. p. 523. ſect. 17. p. 525. ſect. 24. p. 526. ſect. 24. p. 527. ſect. ult. Whether a Prohibition may be granted after Sentence, and in what Caſes, p. 192. ſect. 15. p. 381. ſect. 76. p. 116. ſect. 12. p. 120. ſect. 17. p. 124. ſect. 29. Whether a Prohibition may be after an Appeal, p. 148. ſect. 21. A Prohibition whether grantable after a Conſultation, p. 147. ſect. 18. or de novo to an Appellant who had a Prohibition in the firſt inſtance, p. 360. ſect. 19. p. 431. Prohibition granted againſt Coſts of Suit, given to an Informer, p. 473. ſect. 7. Whether a Prohibition lies, in caſe proof by one ſingle Witneſs be diſallowed in the Eccleſiaſtical Court, p. 362. ſect. 22. p. 113. ſect. 11. p. 115. ſect. 12. p. 123. ſect. 26. p. 128. ſect. 43. Whether a Prohibition may be granted the laſt day of the Term, p. 147. ſect. 18. Or to ſtay Proof in Perpetuam rei memoriam, p. 374. Sect. 49.

Proxies, what, p. 70. Sect. 5. p. 75. Sect. 11. The ſame with Procurations, ibid. Whether extingniſh'd by the diſſolution of Religious Houſes, p. 76 &c. Sect. 11. Not known to the Primitive Church, ib. Whether grantable by a Biſhop to the King, §. ibid. The Caſe of Proxies aptly compared to the Caſe of Tithes, p. 79. Sect. 11. A Caſe of Remark at Common Law touching Proxies, p. 75, &c. Sect. 11.

Q.

QUare Impedit, for and againſt whom that Writ lies, p 645. Sect. 3. Of what things it lies, p. 649. Sect. 20, 21. Whether it lies for an Archdeaconry, p. 66. Sect. 14.

Quarta Epiſcopalis, what, p. 77. Sect. 11.

Quaries, whether Tithable, p 436.

Quean, whether Action lies for calling one ſo, p. 517. Sect. 5. p. 523. Sect. 18. p. 520. Sect. 12.

Queen Elizabeth, her Declaration touching her Supremacy, p. 10. Sect. 11. Declared Supream Governeſs on Earth of the Church of England, p. ibid. Sect. 14.

Queſtmen, what, by whom Eligible, and wherein their Office doth conſiſt, p. 163. Sect. 6.

Quorum Nomina, Proceſs of that kind prohibited, p. 60. Sect. 6. p. 82. Sect. 3.

R.

RAbbits, whether Tithable, p. 367. Sect. 36.

Rakings of the ſtubble of Corn, whether Tithable, p. 384. p. 436, &c.

Rapeſeed, whether ſhall the Parſon or the Vicar have the Tithes thereof, p. 381. Sect. 77.

Rate-Tithes, in what Caſes payable, p. 391. p. 437.

Rectors, how diſtinguiſh'd from Vicars, p. 186. Sect. 1.

Refuſal of a Clerk by a Biſhop, becauſe he could not ſpeak the Welch Language, p. 276. Sect. 36. Once Refuſed for Inſufficiency, may not after be received, p. 268. Sect. 39.

Regiſter to a Biſhops Conſiſtory, the Office controverted, where Cognizable, p. 126. Sect. 35.

Regiſtry-Book of a Pariſh for Chriſtnings and Burials, the Original thereof, p. 145. Sect. 14. p. 164. Sect. 10.

Releaſe by one Church-warden, whether any Bar to the Suit of his Companion, p. 144. Sect. 12. p. 165. Sect. 11. p. 161. Sect. 2. Releaſe of a Next Avoidance, made after the Church becomes void, is void, p. 286. Sect. 7.

Religion Chriſtian, when and where firſt planted in this Kingdom, p. 13. Sect. 1.

Rents, of what kind may be ſued for in the Eccleſiaſtical Court, p. 126. Sect. 34. Where the Tithe of Rents in London are ſuable for, and how, p. 379. Sect. 70.

Reparations of Churches, where Cognizable, p. 137. Sect. 3. 4 p. 143. Sect. 10. p. 152. Sect. 26. In what Caſe it may be Cognizable at the Common Law, p. 166. 15. Whether within the Cognizance of the Archdeacons Viſitation, p. 60. Sect. 7. Who and what ſhall be charged with ſuch Reparations, and how, p. 137, 138. Sect. 4. p. 144. Sect. 11. p. 145. Sect. 14. p. 147, 148. Sect. 19. p. 150. ſect. 23. p. 152. Sect. 26. p. 175. Sect. 4. p. 153. Sect. 30. p. 157. Sect. 41. p. 149. Sect. 22. How the Tax for ſuch Reparations ſhall be apportioned between Landlord and Tenant, p. 154. Sect. 34. By whom the Chancel ſhall be Repair'd, p. 175. Sect. 4. Inheritances not to be therewith charged in perpetuum, p. 144. Sect. 13. Whether a Tax for ſuch Reparations may be made by the Church-wardens only, p. 148. Sect. 20. How to be in Caſe of Union of Churches, p. 146. Sect. 16. How in reſpect of the Fabrick of the Church, in diſtinction from that of the Ornaments thereof, p. 154. Sect. 34. Whether thoſe of a Chappel of Eaſe ſhall contribute to the Repairs of the Mother-Church, p. 146. Sect. 16. p. 152. Sect. 28. p. 153. Sect. 33. p. 156. Sect. 39. p. 152. Sect. 28. Whether the Land next adjoyning …o a Church-yard ſhall Repair the Fences thereof, p. 166. Sect. 15.

Reſidence in what Caſes not required, p. 320. Sect. 9.

Reſignation, what, p. 284. Sect. 3. Reſignation-Bonds, whether good in Law, p. 189. Sect. 7. What words ſufficient in Law to import a Reſignation, p. 191. Sect. 13. To whom it may be made, p ibid. How and to whom the Reſignation of a Donative may be made, p. 191. Sect. 14. Whether it may be made conditionally, p. 278. ſect. 14. Whether the Church becomes void thereby, before the Biſhop accepts it, p. 261. Sect. 17.

Review, or the Court of Review, or Commiſſion Ad Revidendum, p. 118. Sect. 15. The Ground thereof, p. 4. Sect. 5.

Revocations in Law of the Kings Preſentation, p. 266. Sect. 31.

Right of Advowſon, how and for whom that Writ lies, p. 649. Sect. 22.

Right of Tithes, Cognizable in the Eccleſiaſtical Court, p. 127. Sect. 42.

Rogation-weck, whence ſo called, with the Original thereof, p. 130. Sect. 44.

Roots of Coppice-wood grubbed up, whether Tithable, p 437.

S.

SAcriledge, what; whence ſo called, how many ways it may be committed; and the ſevere puniſhments thereof, p. 528, &c. The Sacrilegious were not anciently allowed the Sanctuary, p. 141. ſect. 8.

Saffron, what Tithes it pays, p. 438. To whom, whether as great Tithes to the Parſon, or as ſmall Tithes to the Vicar, p. ibid. p. 198. Sect. 8. p. 361. Sect. 21. p. 366. Sect. 32.

Salary of a Chaplain, Triable in the Eccleſiaſtical Court, p. 198. Sect. 4.

Salt, whether Tithable, p. 438.

Simpſon, whether the firſt Archbiſhop of York; by whom eſtabliſhed, p. 14. Sect. 2.

Sanctuary, the Law thereof anciently, p. 141. Sect. 8. Heretofore the foundation of Abjuration, ibid. Not allowed to Traitors nor Sacrilegious perſons, p. 142. Sect. 8.

Saxon Kings, their care for the Government of the Church of England, p. 97. Sect. 1. Their zeal for erecting and endowing of Churches, p. 208. Sect. 4. How ſeverely they puniſh'd Adultery, p. 470. Sect. 4.

Scotland, when the Biſhops thereo revolted from the Archbiſhop of York, p. 14. Sect. 2.

Seals of Office of Biſhops, &c. how to be engraven and uſed, p. 27, 28. §. 5.

Scutcheon or Banners taken out of the Church by the Parſon, whether, and for whom Action lies in that Caſe, p. 61. Sect. 2.

Seats in Churches, p. 137. Sect. 3. p. 138. Sect. 4. p. 142. Sect. 9. p. 154, 155. Sect. 36. p. 147. Sect. 18. p. 149. Sect. 22. How and by whom to be diſpoſed of, p. 137. Sect. 3, 4. p. 149. Sect. 21. p. 150. Sect. 22. p. 154. Sect. 36. p. 155, 156. Sect. 38. They belong of Right to the Ordinary to diſpoſe of, p. 138. Sect. 5. p. 140. Sect. 7. p. 142. Sect. 9. p. 158. Sect. ult. p. 157. Sect. 42. p. 151. Sect. 25. Whether the Ordinary hath any thing to do with Noble men's Seats in Churches, p. 151. Sect. 25. p. 157. Sect. 42. Cuſtome may (as to the Body of the Church) ſix the power of diſpoſing the Seats in the Church-wardens, p. 151. Sect. 25. The grant of ſuch a Seat to a Man and his Heirs, whether good in Law, p. 138. Sect. 4. To whom the chiefeſt Seat in the Chancel properly belongs, p. 141. Sect. 7. The Cognizance of Seats in Churches properly belongs to the Eccleſiaſtical Court, p. 157. Sect. 42. Whether he, who having Lands in the Pariſh, but living out of the Pariſh, be chargeable with the Repairs of the Seats of the Pariſh-Church. p. 150. Sect. 23.

Sees, or Biſhops Sees, whence ſo called, p. 347. Sect. 1.

Sepulchres and Monuments in Churches or Church-yards, how and where the defacing thereof is puniſhable, p. 142. Sect. 9.

Sheep, the Law in reference to the Tithe thereof, as alſo of their Paſture and their Wool, p. 438, 439. p. 464. p. 359, 360. Sect. 16, 17.

Sidemen, what their Office is, p. 163. Sect. 6. Anciently called Synods-men, or Teſtes Synodales, p. ibid. Sect. 6. in the Margent.

Significavit, what that Writ ought to contain, p. 631. Sect. 10. p. 632. Sect. 12. p. 649. Sect. 19. p. 635. Sect. 21.

Silva Caedua, the Law in reference to the Tithes thereof, p. 439, 440.

Simon, the Monk of Walden, ſuppoſed to be the firſt Canoniſt in England, p. 132. Sect. 44.

Simony, whence ſo called; a Deſcription thereof, p. 537. Sect. 1. How many ways it may be committed, p. 539, 540. Sect. 5. p. 541, 542. Sect. 8. The penalty thereof, p. 537. Sect. 1. A Barr in Law to the Parſons demand of Tithes, p. 542. Sect. 10. p. 548. Sect. 17. p. 551. Sect. 26. p. p. 34. The difference in Law between Simoniacus and Simoniace promotus, p. 538. Sect. 2. p. 552. Sect. 27. In what Caſe Simoniacal Contracts are Cognizable in the Eccleſiaſtical Court, p. 120. Sect. 17.

Slander, where Cognizable, p. 516. Sect. 4.

Son, whether he may ſucceed the Father in an Eccleſiaſtical Living, p. 258. Sect. 10. p. 263. Sect. 20.

Spoliation, what, and in what Caſe, and for whom the Writ of Spoliation lies, and where Cognizable, p. 439. p. 650. Sect. 24.

Striking in the Church or Church-yard, how puniſh'd, p. 139. Sect. 6. An Indictment for Striking in St. Pauls Church-yard, p. 155. Sect. 37.

Stork, the Hiſtory of that Jealous Bird, and his revenge on his Adulterous Mate, p. 475, 476. §. ult.

Stubble of Corn, whether Tithable, p. 394.

Subſcription to the 39 Articles, what not good, p. 163. §. 8.

Sufficiency or Inſufficiency in an Eccleſiaſtical Officer, where Cognizable, p. 92. 93. §. 19, 20.

Suffragan Biſhops, anciently inveſted by the Ring, without the Staff, p. 25. §. 3. Their uſe and Office, p. 30, 31. §. 11.

Suggeſtion for a Prohibition, in what Caſe it need not be proved within Six Months, p. 374. §. 51.

Summoner, what; a deſcription of his Office, p. 86, 87. §. 12. What the Canon enjoyns concerning ſuch, ibid. What the ancient Canon is touching Summoners, p. 88. §. 13. A Caſe at Common Law againſt a Summoner, p. ibid. Sect. 14.

Superſtitious Pictures in Church-windows, whether they may be pulled down without Licence of the Ordinary, p. 138. Sect. 5.

Supremacy, or the Kings Supremacy, a deſcription thereof, p. 1. Sect. 1. Eſtabliſhed by Statute Laws, p. 2, 3. Sect. 2. p. 7. Sect. 10. The Oath of Supremacy, the original and occaſion thereof, p. 3, 4. Sect. 3. The Impugners therof cenſured with Excommunication ipſo facto, p. 4. Sect. 6. Aſſerted by King. Ed. 6. p. 7, 8. Sect. 13. Alſo by Queen Eliz. p. 8. Sect. 14.

Synods, the ſeveral ſorts and kinds thereof, p. 584. Sect. 1. VnderUnder what Archbiſhops of Canterbury they have been anciently held here in England, p. 590, 591. Sect. 7.

Synodale, what; when and to whom payable, p. 67. Sect. 1. Whether it be due without the Act of Viſiting, p. 68. Sect. 2. p. 69. Sect. 4. Originally paid in Victualibus, p. 68. Sect. 3. When and how changed into Money, ibid. The divers ſignifications of the word Synodale, p. 71. Sect. 8. vid. Procurations.

Synodies or Synodal, what; the Ordinary's Right therein, p. 34. Sect. 17. p. 73. Sect. 9.

T.

TARES, cut green, to feed Cattel, whether Tithable, p. 440.

Tartarians, their great Chaſtity; they held Adultery Capital, p. 471. Sect. 6.

Tax for Church-Reparations, by whom to be made, p. 148. Sect. 20. p. 162. Sect. 4.

Templars, diſcharged of Tithes, p. 402.

Temporalties or Barony of a Biſhop, how obtained, p. 27. Sect. 4. p. 28.

Tenant in Common, in what caſe the ſame perſon may be ſaid to be Tenant in Common with himſelf, p. 193. Sect. 16.

Teſtis ſingularis, whether ſufficient proof for payment of Tithes, p. 362. Sect. 22. vid. p. 378. Sect. 63. p. 430.

Theanus, Archbiſhop of London in the time of K. Lucius, p. 17. Sect. 7. He was forced by the Infidel Hengiſt to fly into Cornwal and Wales, p. ibid. Sect. 5.

Theruma, what it was, p. 351. Sect. 4.

Timber-Trees, what ſhall be reputed ſuch, as not Tithable, p. 441, 442. If waſted on a Biſhoprick, it is Dilapidation, p. 176, 177. Sect. 8, 9.

Tithes, What, by and to whom payable; when, how, of what things; the manner of Right Tithing; what the Setting forth thereof is according to the Statute, and where cognizable, p. 347. &c. The ſeveral kinds of Tithes, p. 349. Sect. 1. p. 351. Sect. 4. whence the word [Tithes] derived, p. 347. Sect. 1. By whom the Church of England was therewith firſt endowed, ibid. They are now at Common Law Temporal Inheritances, p. 353. Sect. 6, 7. Whether they may be leaſed or releaſed without Deed, p. 358. Sect. 11. p. 363. Sect. 27. Compoſition thereof for life, whether good without Deed, p. 372. Sect. 45. Whether ſo, if but for one year, or more, p. 377. Sect. 61. p. 382. ſ. 81. The Right of Tithes in conteſt between Parſon and Vicar, is properly cognizable in the Eccleſiaſtical Court, p. 127. ſ. 42. p. 369. Sect. 41. p. 380. Sect. 73. What Tithes are properly due to the Vicar, p. 199. Sect. 8. Tithes not ſet forth, Actions thereon, p. 376. Sect. 55. p. 378. Sect. 65. Tithes to two by halves, whether the Pariſhioner muſt ſo ſet them out, p. 362. Sect. 24. Tithes are of Eccleſiaſtical Cognizance, p. 357. Sect. 9. Objections againſt Tithes anſwered, p. 350, and 351. Sect. 3. Whether Tithes are grantable by Copy, p. 431.

Tobacco, what Tithes that pays, p. 366. Sect. 32.

Tombes and Sepulchres defaced, where puniſhable, p. 142. Sect. 9.

Trades, whether gain gotten thereby be Tithable, and how, p. 442.

Tranſaction, how it differs from Compoſition. p. ibid.

Tranſlation of Biſhops, needs no new Conſecration, p. 49. Sect. 8. p. 27. Sect. 4. p. 29. Sect. 7.

Trebel Dammages, where and in what Caſe ſuable, p. 442.

Trees, what, Tithable or not, p. 442, &c. p. 377. Sect. 62. To whom the Trees growing in the Church-yard do belong, p. 150. Sect. 22. If cut down, to whom the Action belongs, p. 137. Sect. 3. p. 153. Sect. 32.

Turkeys, whether Tithable, p. 444.

Turves, whether Tithable, ibid.

Tyle-Stones, and Brick-Tyle, whether Tithable, p. ibid.

V.

VALUE of a Benefice, in Caſe of Plurality, whether to be computed according to the Kings Books, or the very Annual Value thereof, p. 295. Sect. 5. p. 299. Sect. 12. p. 303. Sect. 21.

Veniſon, whether Tithable, p. 361. Sect. 21. p. 454.

Veſtry, whence that word is derived, p. 162. Sect. 5.

Vetches, whether Tithable, or not, p. 454.

Vicar, what; the original thereof p. 186. Sect. 1. Where and in what Caſe he may ſue for an encreaſe of Maintenance, p. 199. Sect. 10, 11.

Vicarage, how created, p. 198. Sect. 6. How it differs from a Parſonage, p. 197. Sect. 2. In whom the Freehold of the Glebe there-of is, ibid, Whether a Vicarage endowed may be appropriated, and to who, p. 197. Sect. 3. Who properly is Patron thereof, whether the Parſon or the Parſons Patron, p. 199. Sect. 9. Whether a Vicarage Perpetual may be diſſolved, p. 202. Sect. 17. In what ſenſe a Vicarage may be compared to a Commendam, p. 203. Sect. 18. In what caſe a Vicarage may determine, p. 199. Sect. 11. What amounts to an Vnion of the Parſonage and Vicarage, p. 199. Sect. 11.

Vicario deliberando occaſione cujuſdam Recognitionis, what that Writ imports, p. 648. Sect. 15.

Vi Laica removenda, in what caſe that Writ lies, p. 646. Sect. 5.

Vine-Trees, or Vines, what Tithes they yield, p. 454.

Violent hands laid on one in the Church or Church-yard, what the penalty thereof, p. 139, 140. Sect. 6. p. 155. Sect. 37. p. 89, 90. Sect. 16.

Viſitation, the power of the Ordinary therein, p. 34. Sect. 18. p. 89, 90. Sect. 16. Whether an Archdeacon hath power of Viſitation of Common Right, p. 63. Sect. 7. What number of Attendants allowed by Law to Viſitors, p. 71. Sect. 7.

Underwoods, whether Tithable or not, p. 455, 456.

Union of Churches, what, and by whom to be made, p. 169. Sect. 1. What amounts to an Union of a Parſonage and Vicarage, p. 199. Sect. 11.

Unity of Poſſeſſion, the Law thereof in reference to Tithes; alſo the properties thereof, p. 383, 454.

Vodinus Archbiſhop of London, ſlain by the Tyrant Vortiger, p. 16. Sect. 5.

Vortiger the Tyrant, burnt in a Caſtle beſieged by Aurelius Ambroſe, p. 16. Sect. 5. He ſurrendred Kent, Suffolk, and Norfolk to the Infidel Hengiſt, p. ibid.

Uſurpation of the Pope, how and when it originally began here in England, and the progreſs thereof after the Conqueſt, p. 97, 98. Sect. 1. p. 111. Sect. 8. p. 130, &c. Sect. 44.

Uſurper, who properly is ſuch, p. 205. Sect. 1. Whether he may gain poſſeſſion of an Advowſon from the Crown, p. 215. Sect. 18. p. 218. Sect. 22. vid. p. 219. Sect. 24. In what caſe an Uſurpation puts the very Patron out of poſſeſſion, p. 272. Sect. 5. Three Writs at Common Law againſt an Uſurper, and what they are, p. 205. Sect. 1.

W

WAges of Servants, whether Tithable, p. 457.

Wall of the Church-yard, by whom to be repaired, p. 144. Sect. 11.

Wales, when firſt ſubject to the Archbiſhoprick of Canterbury, p. 17. Sect. 6.

Waſte Paſtures, in what caſe Tithable or not, p. 457.

Wax, or Bees-Wax, how to be Tithed, p. 457.

Way obſtructed for carrying of Tithes, Cognizable in the Eccleſiaſtical Juriſdiction, p. 382. Sect. 82. vid. p. 394.

Weapons drawn in the Church or Church-yard, how puniſhed, p. 139. Sect. 6. Indictments thereon diſcharged, and why, p. 149. Sect. 22. p. 155. ſect. 37.

Weild or Woad for Diers, to whom the Tithe of that Dying Plant belongs, whether as Great Tithe to the Parſon, or as Small Tithe to the Vicar, p. 366. ſect. 32. p. 381. ſ. 77. p. 457, 458.

Weſtminſter-Abbey, by whom Founded, p. 328. ſect. 5. When the Revenues thereof were firſt veſted in a Dean and Chapter of the Collegiate Church thereof, p. 15. ſ. 3. How it became Originally the place of Conſecration and Coronation of the Kings of England, p. 6. Sect. 8.

Whitſon-Farthings, what, and when paid, p. 73. Sect. 10.

Whore, whether Actionable, and where; to call one ſo, p. 519. Sect. 9.

Willows, whether Tithable, p. 457.

Witneſs, one ſingle Witneſs diſallowed in the Eccleſiaſtical Court for ſufficient proof; whether Prohibition lies in that caſe, p. 113, 114. Sect. 11. p. 115. Sect. 12. p. 116. Sect. 12. p. 123. Sect. 26. p. 128. Sect. 43.

Witch, or the Son of a Witch, whether thoſe words are Actionable, p. 524. Sect. 24.

Wolſey Cardinal, impower'd by the Popes Bull, to retain the Archbiſhoprick of York, and the Abbey of St. Albans in Commendam, p. 111. Sect. 8.

Wolſtan Biſhop of Worceſter, his Reſolute Anſwer to King William the Conquerour, p. 97. Sect. 1.

Wood, the Law in reference to the Tithe thereof, p. 458, to 462. Computed among the Predial and Great Tithes, by whom payable, whether by the Buyer or the Seller; whether due for Fuel ſpent in the Pariſhioners houſe, p. ibid. In what ſenſe it may be either Great or Small Tithes, p. 365, 366. Sect. 32. Whether Wood Tithable at the Common Law, p. 372. Sect. 46. Wood for Hedging and Firing, whether Tithable, p. 369, 370. Sect. 42. In what caſe the Vicar may have the Tithe thereof, p. 381. ſect. 79.

Wool, the Law in reference to the Tithes thereof, p. 198. ſect. 3. p. 359. ſect. 16. p. 366. ſect. 32. Of Sheep paſtured in divers Pariſhes, p. 462, &c. Of Rotten Sheep, whether Tithable, p. 359. ſect. 15.

Worceſter-Church, anciently a Priory, p. 74. ſect. 10.

Words of Contention in the Church or Church-yard, how puniſhed, p. 139. ſect. 6.

Writ of Right of Advowſon, for whom it lies, p. 214, 215. ſect. 17. The Writ De Haeretico Comburendo, when taken away and aboliſhed, p. ult. ſect. ult.

Y

YOrk, the Original of that Metropolitan See, p. 14. ſect. 2. It anciently had a Metropolitan Juriſdiction over all the Biſhops in Scotland, p. 18. ſect. 9.

ERRATA.

PAg. 25. lin. 25. read Poteſtatem, p. 35. l. 2. Archidiaconum, p. 200. l. 37. Provenues, p. 203. l. 7. Vicaria, p. 205. l. 5. be with the Cure, p. 209. l. 3. An. 1505, p. 285. l. 17. to his Father by the true, p. 293. l. 31. too late, p. 403. l. 38. Mepham's Canon, p. 448. l. 23. to the Parſon, p. 470. l. ult. Adulterum, p. 471. l. 7. Hoel Dha, p. 439. l. 15. Cognatio, p. 497. l. 11. Adulterous Wife, p. 501. l. 7. Thore, p. 503. l. 6. Viro, p. 530. l. 40. Crown, p. 543. l. 18. Pardon, l. 40. Doctors.

Advertiſement,

THE ORPHANS LEGACY, or a Teſtamentary Abridgment, in Three parts, viz.

1. Of Laſt Wills and Teſtaments.

2. Of Executors and Adminiſtrators.

3. Of Legacies and Deviſes:

Where the moſt material Points of Law relating to that ſubject are ſuccinctly Treated, as well according to the Common and Temporal as Eccleſiaſtical and Civil Laws of this Realm. Illuſtrated with a great variety of ſelect Caſes in the Law of both Profeſſions, as well delightful in the Theory, as uſeful for the practice of all ſuch as ſtudy the one, or are either active or paſſive in the other. By the Author.

End of the text · John Godolphin, Abridgment of Ecclesiastical Laws (1678)