Abridgment of Ecclesiastical Laws, Treatise · Chapter 2
CHAP. II.
Of Archbiſhops.
1. A Deſcription of that Dignity here in England; the Antiquity, Precedency, Priviledges and Style of the Archbiſhop of Canterbury; with the Precincts of that See.
2. The Antiquity, Precedency, and Style of the Archbiſhop of York; with the Precincts of that See.
3. What difference between Archbiſhop and Metropolitan; and why called Metropolitan.
4. Three Archbiſhops in England and Wales, Anciently.
5. The viciſſitudes of the Chriſtian Religion Anciently in this Iſland of Great Britain.
6. How the Third Archbiſhop came to be loſt.
7. The great Antiquity of an Archbiſhop in London.
8. The Original of the Style, Primate and Metropolitan.
9. What the difference Anciently between the Two Archbiſhopricks of Canterbury and York; certain Priviledges of the latter.
10. Whether an Archbiſhop may call Caſes to his own cognizance, nolente Ordinario?
11. In what Caſe the Clerk is to be Inſtituted by the Archbiſhop, where the Inferiour Ordinary hath right to Collate; Alſo his power of Diſpenſations.
12. A Caſe at Common Law, relating to the Archbiſh. Juriſdiction.
13. Certain ſpecial Priviledges of the Archbiſhop of Canterbury.
(1.) ARCHBISHOP [ab Archos, Dicuntur Patres propter honor…s eis exhibendes.Princeps, & Epiſcopus, Superintendens] is that Spiritual perſon Secular, who within that Province whereof he is Archbiſhop, hath next and immediately under the King, Supream power, Authority and Juriſdiction in all cauſes and things Eccleſiaſtical. Of ſuch there are only Two in England; one of the Province of Canterbury, ſtyled Metropolitanus & Primas Totius Angliae; the other of York, ſtyled Primas & Metropolitanus Angliae. Under the two Archbiſhops are twenty ſix Biſhopricks, whereof twenty two in the Province of Canterbury, and four in the Province of York: ſo that beſides the two Archbiſhops, there are twenty four Biſhops. The Chriſtian Religion in England took root firſt in the See of Canterbury; St. Auſtin, who firſt preached the Goſpel to the one, was the firſt Archbiſhop of the other. Canterbury, once the Royal City of the Kings of Kent, was by King Ethelbert, on his Converſion, beſtowed on St. Auguſtine the Archbiſhop and his Succeſſors for ever; and ſo the Chair thereof became originally fixed in that City of Canterbury; Cantuarienſes Archiepiſcopi, An…. Brit. in p…in.Dorovernenſes antiquitus dicti ſunt: quia totius Anglicanae Eccleſiae Primates & Metropolitani fuerunt. The Archbiſhop whereof, being ſtyled Primate and Metropolitan of all England, is the firſt Peer of the Realm, and hath Precedency, not only before all the Clergy of the Kingdom of England, but alſo (next and immediately after the Blood Royal) before all the Nobility of the Realm. Sr. Edward Cok… ſays more, and lets us to underſtand, That in Ancient time they had great Precedency, even before the Brother of the KingaCo. Inſt. par. 4. cap. 77. in fin.; as appears by the Parliament Roll of 18 E. 1. and many others, which continued until it was altered by Ordinance in Parliament in the Reign of H. 6. as appears by a Roll of Parliament of that Kings Reign, entred in the Back of the Parliament Roll. The Precedency in Parliament and other Places of Council at this day is, That the two Archbiſhops have the Precedency of all the Lords Temporal; and every other Biſhop in reſpect of his Barony, hath place of all the Barons of the Realm, and under the eſtate of the Viſcount and other Superiour Dignities; And at this day, in all Acts, Ordinances and Judgments, &c. of Parliament, it is ſaid, The Lords Spiritual and Temporal. The Biſhops (among themſelves) have this Precedency, (1.) The Biſhop of London; (2.) The Biſhop of Dureſme; (3.) The Biſhop of Wincheſter bCo. ibid.. The Archbiſhop of Canterbury, as he hath the Precedency of all the Nobility, ſo alſo of all the great Officers of State.He is ſtyled in the Kings Writs directed to him, Dei gratia A… chiepiſc. po C…n…u…rienſi. He writes himſelf Divina Providentia, whereas other Biſhops only uſe Divina Permiſſione. The Coronation of the Kings of England belongs to the Archbiſhop of Canterbury, and it hath been formerly reſolved, that whereſoever the Court was, the King and Queen were Speciales & Domeſtici Parochiani Domini Archiepiſcopi. He had alſo heretofore this Priviledge of ſpecial remark, That ſuch as held …ands of him, were liable for Wardſhip to him, and to compound with him for the ſame, albeit they held other Lands in chief of our Sovereign Lord the KingdDr. Heyli… Help to Hiſt. verb. Canter…ury.. All the Biſhopricks in England (except Dureſme, Carliſle, Cheſter, and the Iſle of Man, which are of the Province of York) are within the Province of Canterbury eCo. Inſt. par. 4. cap. 74▪. The Archbiſhop whereof hath alſo a peculiar Juriſdiction in thirteen Pariſhes within the City of London, and in other Dioceſſes, &c. Having alſo an Ancient Priviledge, That wherever any Mannors or Advowſons do belong to his See, they forthwith become exempt from the Ordinary, and are reputed Peculiars, and of his Dioceſs of Canterbury. If you conſider Canterbury as the Seat of the Metropolitan, it hath under it twenty one Suffragan Biſhops, whereof ſeventeen in England, and four in Wales; But if you conſider it as the Seat of a Dioceſan, ſo it comprehends only ſome part of Kent, viz. 257 Pariſhes (the reſidue being in the Dioceſs of Rocheſter) together with ſome other Pariſhes diſperſedly ſcituate in ſeveral Dioceſſes: it being (as aforeſaid) an Ancient Priviledge of this See, that the places where the Archbiſhop hath any Mannors or Advowſons, are thereby exempted from the Ordinary, and are become Peculiars of the Dioceſs of Canterbury, properly belonging to the Juriſdiction of the Archbiſhop of Canterbury; whoſe Provincial Dean is the Biſhop of London, whoſe Chancellour is the Biſhop of Wincheſter, whoſe Vice-Chancellour anciently was the Biſhop of Lincoln, whoſe Precentor the Biſhop of Salisbury, whoſe Chaplain the Biſhop of Worceſter, and the Biſhop of Rocheſter (when time was) carried the Croſs before him. Lind. Conſt. de Poenis, gl. ibid. c. 1. ver. tanquam.
(2.) The Metropolitan See of York had its Original at the firſt reception of the Goſpel in England, when King Lucius eſtabliſhed Sampſon the firſt Archbiſhop thereof: Not long after the Converſion of the Saxons, Paulinus by Pope Gregory's appointment was made Archbiſhop thereof, An. 622. This Province of York anciently claimed and had a Metropolitan Juriſdiction over all the Biſhops of Scotland, whence they had their Conſecration, and to which they ſwore Canonical ObediencefHeylin, ubi ſupra, verb. York.. The Archbiſhop of York ſtyles himſelf, Primate and Metropolitan of England, as the Archbiſhop of Canterbury, Primate and Metropolitan of All England. About two hundred years ſince, viz. An. 1466. when George Nevil was Archbiſhop of York, the Biſhops of Scotland withdrew themſelves from their obedience to him, and had Archbiſhops of their own. The Archbiſhop of York hath precedency before all Dukes, not being of the Blood Royal, as alſo before all the Great Officers of State, except the Lord Chancellour gIbid.. Of this Province of York are the Biſhopricks of Dureſme, Cheſter, Carliſle, and the Iſle of Man, who write themſelves Eboracenſes, or Eborum. The Dioceſs belonging to this See of York contains the two Counties of York and Notingham, and in them 581 Pariſhes, whereof 336 are Impropriations.
(3.) It hath been queſtion'd, whether there be any difference between Archbiſhop and Metropolitan; the DD. herein ſeem to be divided, ſome conceiving that there is ſome difference between them, others affirming that they are both one; the Canon Law ſeems in a ſenſe to favour each of theſe Opinions, ſaying in one place, that the Archbiſhop as Preſident hath the charge and overſight of the Metropolitans and other Biſhops, 21. Diſt. Cleros. In another place, That Archbiſhop and Metropolitan are but one and the ſame in deed and in truth, although they differ in Name. Wilhel. in Clem. ult. de Privileg. verb. Archiepiſcopo verſ. fin. Metropolitanus & Archiepiſcopus idem ſunt. Sed Metropolitanus nomen trahit à numero Eccleſiarum, viz. à [metro] menſura, & [polis] Civitas. Otho glo. in verb. Archiepiſcopus, De Offic. Archiepiſc. He is called Archiepiſcopus, quaſi Princeps Epiſcoporum, in reſpect of the other Biſhops, whereof he is chief: and Metropolitanus, in reſpect of the number of the Cities or Cathedral Churches where the Biſhopricks are. Lindw. ubi ſupr. gl. ib. ver. Metropolitanum. For the word [Civitas] doth ſignifie with us, as it doth in other Kingdoms, ſuch a Town Corporate as hath a Biſhop and a Cathedral Church. Yet Crompton in his Juriſdictions, in his Computation of our Cities, doth omit Ely, though it hath a Biſhop and a Cathedral Church.St. 35 El. c. 6. Thus Weſtminſter is called a City, and accordingly there is mention made of a Biſhop of Weſtminſter in a Statute made during the Reign of King Henry 8.St. 3… H. 8. c. 10. But by Letters Patents, dated 21. May 2 Eliz. (in purſuance of an Act of Parliament of 1 Eliz. not printed) the Revenues of that late Monaſtery were veſted in the Dean and Chapter of the Collegiate Church of Weſtminſter, which hath cauſed Errors in the Pleadings of ſome Caſes, by ſtyling it the Cathedral, for Collegiate Church of Weſtminſter. Caſſanaeus, Caſſan. de Conſuet. Burgund. pag. 15.who wrote as well De Gloria Mundi in general, as of the Cuſtomes of Burgundy in particular, ſaith, That France hath within its Territories 104 Cities, and gives this Reaſon, Becauſe there are ſo many Seats of Archbiſhops and Biſhops. Yet Sir Edw. Coke obſerves Cambridge to be a City by ancient Record,Co. Li…t. fo. 109. b. Mich. 7 R…. Rot. 1. although it does not evidently appear that it ever was an Epiſcopal See: And in the Stat. of 11 H. 7. c. 4. it is there called the Town of Cambridge.
(4.) In England and Wales there were Anciently three Provinces, and over them Three Archbiſhops, whoſe Archbiſhopricks were founded above 1500 years ſince; For ſoon after the Converſion of King Lu…ius (who began his Reign over the Britains, An. 170.) being prevailed with to embrace the Chriſtian Faith by the perſwaſions of Elvanus, who had been brought up at Glaſtenbury, and of Medwanus, both Britains hCapg…. Hiſt, Landa… ▪, and therein confirmed by the Divines which Eleutherius (who became Pope, An 177.) ſent into Britain for that end and purpoſeiMalmsb.; The ſaid King being by them baptized, the Falſe Religion of the Druids with their Idols was ſoon aboliſhed, Heathen Temples purged, and then conſecrated to the ſervice and worſhip of the True God, and in the place of twenty eight …lam…ns were Biſhops conſecrated, the Three Archbiſhops whereof were founded in the Three chief Cities of the then Three Provinces, erected by the Romans where Arch-Flamins had formerly been maintain'd, viz. at London, the Metropolis of Britannia Prima: at York the Metropolis of Maxima Caeſarienſis; and at Caerlegion in Wales, which is ſaid to be Caerleon upon Ʋske, formerly called Iſca in Monmouthſhire, the Metropolis or chief City of Britannia Secunda, or under Ʋrbs Legionum, Cambria kLel…nd. in Aſſert. Artur. … 36. a. Mal…b. Ant. Brit. B. Godw. St. Davids in Wales. Sp. fo. 79. nu. 18.. Gildas antiquiſſimus inter eos, qui fide digni ſunt, Britannicarum rerum ſcriptor, tradit Britannos ab ortu Evangelii Chriſtianam ſuſcepiſſe fidem. Ant. Brit. ubi ſupr. Ac primum, Paulum ipſum, cum aliis Gentibus, tum nominatim Britannis Evangelium nunciaſse poſt priorem ſuam Romae incarcerationem. Theodoret. l. 9. de Curand. Graecor. affect. Origenes, qui proximis fuit poſt Apoſtolos ſeculis, teſtatur Britanniam in Chriſtianam conſentire Religionem. Orig. Hom. 4. in Ezech. Lucius, Rex Britanniae, An. 179. Baptizatus. Ab Eleutherio, Ponti…ice Romano, reformationem Angliae petiit, Epiſcop. 29. ordinavit. Ant. Brit. fo. 4, 5, 7. Before the coming of the Saxons into England, the Chriſtian Britains had three Archbiſhops, viz. of London, York and Caerleon in Wales. The Archiepiſcopal See of London, was by the Saxons placed at Canterbury for St. Auſtins ſake, where he was buried. That of Caerleon being tranſlated to St. Davids, and after ſubjected to the See of Canterbury.
(5.) From this time to Diocleſians Perfecution (which though the Tenth and laſt,An. 302. yet the firſt which the Britains felt) Chriſtianity flouriſhed in this Iſland,An. 306. which …y that Perſecution was almoſt extirpated out of the Land, till Conſtantine the Great wore the Imperial Crown,An. 413. in whoſe time it revived till the beginning of the next Century, when it was infected with the Pelagian Hereſie, till the condemnation thereof in the Council of Carthage and Mela, and happily ſuppreſſed by Germanus Biſhop of Auxerre, and by Lupus Biſhop of Troys in Campeigne, who at the requeſt of the Engliſh Catholicks were ſent by the French Biſhops into England; as at the ſame time, and for the ſame end, Palladius was by Pope Celeſtine into Scotland lProſp. Anaſi. Cild. Pol…d. Euch. Hunt. l. 3.. And now the Chriſtian Religion flouriſhed again till the time of the uſurping Tyrant Vortiger, who after he had ſlain Vodinus Archbiſhop of London mB. Godw. Bede l. 1. c. 15. Polych. l. 5. Sp., was himſelf burnt in a Caſtle beſieged by Aurelius Ambroſe, having firſt ſurrendred Kent, Suffolk and Norfolk to the Infidel He…giſt, who with his Saxons almoſt deſolated the Land; inſomuch that Theanus Biſhop of London, and Theodiceus Biſhop of York, were forced to flie into Cornwal and Wales, until St. Auguſtines coming hither (where he then found only one Archbiſhop and ſeven Biſhops) being with forty others as Aſſiſtants to him, ſent hither by Pope Gregory to Convert the Nation nBede. l. 2. c. 23. Hunt, l. 2. Jo. Dia. in vit. Greg. leg. 2.; whom Ethelbert King of Kent kindly received, and ſeated him (as aforeſaid) in a Manſion in Canterbury, the Metropolis of his KingdomoBede, l. 1. c. 25., and aſſigned him a place to erect a Biſhops See, who afterwards fixed his Seat at Canterbury, whichever ſince hath continued the Metropolis of this Kingdom: And thus St. Auſtin upon his Entrance into England, by the favour and bounty of the ſaid King Ethelbert, An. 596.having fixed his Seat at Canterbury, the Archbiſhops thereof have by a continual Series or Succeſſion continued as Metropolitans of all England.
(6.) And whereas there were (as aforeſaid) anciently Three Archbiſhopricks in Three diſtinct Provinces within this Kingdom, whereof that of Caerleon upon Ʋske in Wales was one, and whereof Dubritius in the year 466 was Archbiſhop, who having his Seat at Landaff, became for his integrity Archbiſhop of all Wales, and was upon Reſignation in his old Age ſucceeded in the Archbiſhoprick by his Diſciple David, An. 519.Uncle toking Arthurn, by whoſe conſent he removed the See to Menevia, of which place he ſtill retaineth the name of Epiſcopus Menevenſis, and the Town it ſelf thereupon called Twy Devi, or Saint Davids, as taking its denomination from his Name; yet it afterwards ſo unhappily happened, that Sampſon a ſucceeding Archbiſhop, upon a great Plague raging in Wales, went to Dola in Little Britain, and thither carried the Pall with him, whereby St. Davids for ever after loſt the dignity of an Archbiſhop. And in the time of H. 1. both that See, and the reſt in Wales became ſubject to the Archbiſhop of Canterbury, qCambd.as at this daypCambd. Bale ex Leland B. Godw..
(7.) In the time of King Lucius, London had an Archbiſhop to whoſe Juriſdiction at that time the greateſt part of England was ſubject; This Archbiſhop was that Theanus forementioned, who was the chief Founder and Builder of St.Antiq. E…it, f. 11. Peters Church in Cornhill, London, which was the Cathedral of his Dioceſs till King Ethelbert built St. Pauls Church. In this See continued the Dignity of an Archbiſhop above 180 years; but by reaſon of the Saxon Perſecution ſtood void, till that Ten years after the coming of St. Auſtin, Melitus was conſecrated Biſhop of that See, and ſo it continued ever after as a Biſhoprick (which in the days of King Lucius was an Archbiſhoprick, as aforeſaid) till St. Auguſtine in the year 598 took on him the Title of Archbiſhop of England, ſetling his See at Canterbury.
(8.) Upon the abrogating of the Popes power in England by King H. 8. in the Seventh year of his Reign, it was concluded, that the Archbiſhop of Canterbury ſhould no more be ſtyled the Popes Legate, but Primate and Metropolitan of all England; at which time Tho. Cranmer, Fellow of Jeſus-Colledge in Cambridge, who pronounced the Divorce from Queen Katharine of Spain, upon his advice given the King to leave the Court of Rome, and to require the Opinions of Learned Divines, being then in Germany, procured ſuch favour with the King, that he cauſed him to be elected to this See of Canterbury, and was afterwards, with the then Biſhop of Dureſme, made Tutor to King Edward the Sixth rAnt. …rit..
(9.) The Archbiſhop of Canterbury was ſuppoſed to have had a concurrent Juriſdiction in the inferiour Dioceſſes within his Province; which is not denied in the caſe of Dr. James sDr. James's Caſe, Heb. Rep.; only it is there ſaid, That was not as he was Archbiſhop, but as he was Legatus Natus to the Pope, as indeed ſo h… was before the t…me of King H. 8. (as aforeſaid) by whom that Power (together with the Pope) was abrogated, and ſo it ceaſed; which the Archbiſhop of York never had, nor ever claimedtCaſe ibid., as appears in the forecited Caſe, where it is further ſaid, That when there is a Controverſie between the Archbiſhop and a Biſhop touching Juriſdiction, or between other Spiritual Perſons, the King is the indifferent Arbitrator in all Juriſdictions as well Spiritual as Temporal, and that is a right of his Crown to diſtribute to them, that is, to declare their Bounds; Conſonant to that which is aſſerted in a Caſe of Commendam, in Colt and Glovers Caſe againſt the Biſhop of Coventry and Lich…ield, where it is declared by the Lord Hobart Chief Juſtice, That the King hath an immediate, perſonal, originary, inherent Power, which he executes, or may execute, Authoritate Regia Suprema Eccleſiaſtica, as King and Sovereign Governour of the Church of England, which is one of thoſe Flowers, qui faciunt Coronam, which makes the Royal Crown and Diadem in force and vertue uMich. 10. Jac. rot. 2642. Colt and Glov…r verſ. Bp. of Covent. and L…c…field. Hob. Rep▪. The Archbiſhop of Canterbury, as he is Primate over All England, and Metropolitan, hath a Supereminency, and ſome power even over the Archbiſhop of York; hath (under the King) power to ſummon him to a National Synod, and Archiepiſcopus Eboracenſis venire debet cum Epiſcopis ſuis, ad nutum ejus…, ut ejus Canonicis diſpoſitionibus Obediens exiſtat. Yet the Archbiſhop of York had anciently not only divers Biſhopricks in the North of England, under his Province; but for a long time all the Biſhopricks of Scotland, until little more than 200 years ſince, and until Pope Sixtus the Fourth, An. 1470. created the Biſhop of St. Andrews, Archbiſhop and Metropolitan of all Scotland. He was alſo Legatus Natus, and had the Legantine Office and Authority annexed to that Archbiſhoprick; he hath the Honour to Crown the Queen, and to be her perpetual Chaplain: Of the forementioned Dioceſſes of his Province, the Biſhop of Durham hath a peculiar Juriſdiction, and in many things is wholly exempt from the Juriſdiction of the Archbiſhop of York; who hath notwithſtanding divers Priviledges within his Province, which the Archbiſhop of Canterbury hath within his own Province.
(10.) The Archbiſhop is the Ordinary of the whole Province; yet it is clear, That by the Canon Law he may not, as Metropolitan, exerciſe his Juriſdiction over the Subjects of his Suffragan Biſhops; but in certain Caſes ſpecially allowed in the Law, whereof Hoſtienſis enumerates one and twentyxHeſtienſ. cap. Paſtorall… de Of…icio Ordinari….. The Juriſdiction of the Archbiſhop is opened ſometimes by himſelf, nolente Ordinario, as in the Caſe of his Viſitation; and ſometimes by the party, in default of Juſtice in the Ordinary, as by Appeal, or Nullities. Again, it may ſometimes be opened by the Ordinary himſelf, without the party or Archbiſhop, as where the Ordinary ſends the Cauſe to the Archbiſhop; for although the Canon Law reſtrains the Archbiſhop to call Cauſes from the Ordinary, Nolente Ordinario, ſave in the ſaid 21 Caſes; yet the Law left it in the abſolute power of the Ordinary, to ſend the Cauſe to the Archbiſhop abſolutely at his will,Vid. Caſe Jones verſ. Jones, Hob. Rep. without aſſigning any ſpecial reaſon; and the Ordinary may conſult with the Archbiſhop at his pleaſure, without limitation. Notwithſtanding which, and albeit the Archbiſhop be Judge of the whole Province, tamen Juriſdictio ſua eſt ſignata, & non aperitur niſi ex cauſis. Nor is the Subject hereby to be put to any ſuch trouble as is a Grievance; and therefore the Law provides, that Neminem oportet exire de Provincia ad Provinciam, vel de Civitate ad Civitatem, niſi ad Relationem Judicis, ita ut Actor forum Rei ſequatur yBald. Cauſ… 3. Q. 6. c. penult. Ex Synod. Rom..
(11.) If the Archbiſhop viſit his Inferiour Biſhop, and Inhibit him during the Viſitation, if the Biſhop hath a title to Collate to a Benefice within his Dioceſs by reaſon of Lapſe, yet he cannot Inſtitute his Clerk; but he ought to be preſented to the Archbiſhop, and he is to Inſtitute him, by reaſon that during the Inhibition his power of Juriſdiction is ſuſpendedzTrin. 1… Car. B. R. inter Dodſon & Lynn.. It was a point on a ſpecial Verdict in the County of Lincoln, and the Civilians who argued thereon ſeemed to agree therein; but the Caſe was argued upon another point, and that was not reſolvedaIntrat. Tr. 11 Car. Rot 446. & Rol. Abr. verb. Preſen…ment. lit. C. p. 357, & lit. Z. 367.. Likewiſe, by the Statute of 25 H. 8. c. 21. the Archbiſhop of Canterbury hath power to give Faculties and Diſpenſations, whereby he can (as to Plurality) ſufficiently now Diſpenſe de jure, as Anciently the Pope did in this Realm de facto, before the making of that Statute, whereby it is enacted, That all Licenſes and Diſpenſations (not repugnant to the Law of God) which heretofore were ſued for in the Court of Rome, ſhould be hereafter granted by the Archbiſhop of Canterbury and his Succeſſors.
(12.) By the Conſtitutions and Canons Eccleſiaſtical, Edit. 1603. Can. 94. It is Ordained, That no Dean of the Arches, nor Official of the Archbiſhops Conſiſtory, ſhall originally Cite or Summon any perſon which dwelleth not within the particular Dioceſs or Peculiar of the ſaid Archbiſhop, &c. without the Licenſe of the Dioceſan firſt had and obtained in that behalf, other than in ſuch particular Caſes only as are expreſly excepted and reſerved in and by the Statute of 23 H. 8. c. 9. on pain of ſuſpenſion for three months. In the Caſe of Lynche againſt Porter, for a Prohibition upon the ſaid Statute of 23 H. 8. c. 9. it was declared by the Civilians in Court, That they uſed to Cite any Inhabitant of and in London to appear, and make Anſwer in the Archbiſhop of Canterbury's high Court of Arches originally: And Dr. Martyn ſaid, It had been ſo uſed for the ſpace of 427 years before the making of the Statute; and upon complaint thereof made to the Pope, the Anſwer was, That any man might be Cited to the Arches out of any Dioceſs in England: Alſo, That the Archbiſhop may hold his Conſiſtory in any Dioceſs within his Juriſdiction and Province: That the Archbiſhop hath concurrent Juriſdiction in the Dioceſs of every Biſhop, as well as the Archdeacon: and, That the Archbiſhop of Canterbury preſcribes to hold Plea of all perſons in England. But as to his power of having a Conſiſtory in the Dioceſs of every Biſhop, this was in this Caſe denied, but only where he was the Popes Legate, whereof there were Three ſorts: (1.) Legates à Latere, and theſe were Cardinals, which were ſent à Latere from the Pope. (2.) A Legate born, and theſe were the Archbiſhops of Canterbury, York, and Mentz, &c. (3.) A Legate given, and theſe have Authority by ſpecial Commiſſion from the Popeb…rownl. Rep. p. 2. Caſe Lynche verſ. …orter.. Likewiſe, in the Caſe of Jones againſt Boyer, C. B, it was alſo ſaid by Dr. Martyn, That the Archbiſhop hath Ordinary▪ Juriſdiction in all the Dioceſſes of his Province, and that this is the cauſe that he may ViſitcTrin. 9 Jac. C. B. …ones verſ. …oyer. Brownl. ibid..
(13.) The Archbiſhop of Canterbury Anciently had Primacy as well over all Ireland as England, from whom the Iriſh Biſhops received their Conſecration, for Ireland had no other Archbiſhop until the year 1152. For which reaſon it was declared in the time of the Two firſt Norman Kings, That Canterbury was the Metropolitan Church of England, Scotland and Ireland, and the Iſles adjacent▪ the Archbiſhop of Canterbury was therefore ſometimes ſtyled a Patriarch dPatriarcha was a chief Biſhop over ſeveral Kingdoms or Provinces (as an Archbiſhop is of ſ…veral Dioceſſes) and had ſeveral Archbiſhops under him.and Orbis Britannici Pontifex, inſomuch that Matters recorded in Eccleſiaſtical Affairs did run thus, viz. Anno Pontificatus Noſtri primo, ſecundo, &c. He was alſo Legatus Natus, that is, he had a perpetual Legantine power annext to his Archbiſhoprick nigh a thouſand years ſince. And at General Councils he had the Precedency of all other Archbiſhops abroad, and at home he had ſome ſpecial Marks of Royalty, as to be the Patron of a Biſhoprick, as he was of Rocheſter) to coyn Mony, to make Knights, and to have the Wardſhips of all thoſe who held Lands of him Jure Hominii, although they held in Capite other …ands of the King, as was formerly hinted. He is ſaid to be Inthroned, when he is inveſted in the Archbiſhoprick. And by the Stat. of 25 H▪ 8. he hath power to grant Licenſes and Diſpenſations in all Caſes heretofore ſued for in the Court of Rome, not repugnant to the Law of God, or the Kings Prerogative: As alſo, to allow a Clerk to hold a Benefice in Commendam or in Truſt; to allow a Clerk, rightly qualified, to hold Two Benefices with Cure of Souls; to allow a Beneficed Clerk, for ſome certain cauſes, to be non-Reſident for ſome time, and to Diſpenſe in ſeveral other Caſes prohibited by the Letters of the Canon Law. Likewiſe the Archbiſhop of Canterbury Conſecrates other Biſhops; confirms the Election of Biſhops within his Province; calls Provincial Synods according to the Kings Writ, to him ever directed; is chief Moderator in the Synods and Convocations; he Vi…its the whole Province; appoints a Guardian of the Spiritualties during the vacancy of any Biſhoprick within his Province, whereby all the Epiſcopal Eccleſiaſtical Rights of that Dioceſs for that time belong to him; all Eccleſiaſtical Juriſdictions as Viſitations, Inſtitutions, &c. He may retain and qualifie Eight Chaplains, which is more by Two than any Duke is allowed by Statute to do; and hath power to hold divers Courts of Judicature, for the deciſion of Controverſies pertaining to Eccleſiaſtical Cognizance.