Abridgment of Ecclesiastical Laws, Treatise · Chapter 43
CHAP. XLIII.
Of the Statutes of Articuli Cleri, and Circumſpecte agatis.
1. Several Statute-Laws relating to Eccleſiaſtical perſons and things, enacted under the Title of Articuli Cleri, in the Ninth year of King Ed. 2.
2. Some other Statute-Laws touching Eccleſiaſtical matters, made the Fourteenth year of King Ed. 3.
3. The Ratification and Confirmation of the 39 Articles of Religion: The Subſcription required of the Clergy.
4. Certain Caſes wherein a Prohibition doth not lie to the Eccleſiaſtical Courts, according to the Statute of Circumſpecte agatis, made the Thirteenth of King Ed. 1. And in what caſe a Conſultation ſhall be granted.
(1.) THeſe are certain Statutes made in the time of King Ed. 1. and Ed. 2. touching Perſons and Cauſes Spiritual and EccleſiaſticalaAn. 9 Ed. 2. An. 14 Ed. 3. c. 3.. By the latter of theſe it is Enacted, (1) That upon demand of Tithes, Oblations, &c. under that Name, a Prohibition ſhall not lie, unleſs the demand be of money upon the Sale thereofb2 H. 5. fo. 10. 8 Edw. 4. 13 Fitz. Prohib. 18, 20, 27. (2) That upon debate of Tithes amounting to a Fourth part of the whole, and ariſing from the Right of Patronage, as alſo upon demand of a Pecuniary penance, a Prohibition may lie: Not ſo, in caſe of demand of money voluntarily accorded unto by way of Redemption of Corporal penance enjoynedc31 H. 6. fo. 13. 28 H. 6. fo. 2…. 12 E. 4. 13. Regiſt. fo. 45, 50. V. N. B. fo. 32. F. N. B. fo. 30. 42. Regiſt. fo. 35. Coke pl. fo. 465. (3) That upon demand of money Compounded for in lieu of Corporal penance enjoyned for the Excommunication, for laying violent hands on a Clerk, a Prohibition ſhall not liedRegiſt. fo. 31 5…, 57. F. N. B. fo. 52, 53. A. Reſt. pl. f. 483.. (4) That notwithſtanding any Prohibition, the Eccleſiaſtical Juriſdiction may take cognizance and correct in Caſes of Defamation, and the money paid for redeeming the Corporal penance thereon enjoyned may receive, notwithſtanding a Prohibition be ſhewedeRegiſt. fo. 45, 49. F. N. B. fo. 52. …, 53. …, Ra…. pl. fo. 487, &c. Co. lib. 4. fo. 20. Bro. aſur Caſe, 15. (5) That no Prohibition ſhall lie, where Tithe is demanded of a Mill newly erected. (6) That in caſes of a Mixt cognizance (as in the Caſe aforeſaid, of laying violent hands on a Clerk, whereby the Kings Peace is broken, and ſuch like) the Temporal Court may diſcuſs the ſame matter, notwithſtanding Judgment given by the Spiritual Court in the caſefRaſt. pl. 488. Coke lib. 4. fo. 16 20.. (7) That the Kings Letters may not iſſue to Ordinaries for the diſcharge of perſons Excommunicate, ſave only in ſuch Caſes as wherein the Kings Liberty is prejudiced by ſuch Excommunicationg5 Eliz. 23. Regiſt. 65. V …. B fo. 33, 35. F. N. B. fo. …, &c. 5 Ed. 3. fo. 8. Co. lib. 8. fo. 68.. (8) That Clerks in the Kings Service, if they offend, ſhall be correct by their Ordinaries, but Clerks, during ſuch time as they are in his Service, ſhall not be oblig'd to Reſidence at their BeneficeshRegiſt. fo. 58.. (9) That Diſtreſſes ſhall not be taken in the Ancient Fees wherewith Churches have been endowed; otherwiſe, in poſſeſſions of the Church newly purchaſed by Eccleſiaſtical perſonsiRegiſt. fo. 98. 183. F. N. B. fo. 173, 174. a. St. 52 H. 3. 15.. (10) That ſuch as Abjure the Realm, ſhall be in peace ſo long as they be in the Church, or in the Kings High-way kNote, This was Repealed by 1 Jac. 25. & 21 Jac. 28.. (11) That Religious Houſes ſhall not by compulſion be charged with Penſions, reſort, or PurveyorslRaſt. pl. 373. St. 3 Ed. 1. 1.. (12) That a Clerk Excommunicate, may be taken by the Kings Writ out of the Pariſh where he dwells. (13) That the examination of the Ability of a Parſon preſented unto a Benefice of the the Church, ſhall belong unto a Spiritual JudgemRegiſt. fo. 53. F. N. B. fo. 35. i. Raſt. pl. 497. Coke lib. 5. fo. 57. Dyer fo. 273.. (14) That the Elections to the Dignities of the Church ſhall be free without fear of any Temporal powernSt. 3 Ed. 1. 5.. (15) That a Clerk flying into the Church for Felony, ſhall not be compelled to abjure the RealmoNote, This is alſo Repealed by the Statute of 1 Jac. 25. & 21 Jac. 28.. (16) And laſtly, That the Priviledge of the Church being demanded in due form by the Ordinary, ſhall not be denied unto the Appealor, as to a Clerk confeſſing Felony before a Temporal Judge.
(2.) In conformity to the premiſſes there were other Statutes after made in the time of King Ed. 14 Ed. 3.3. whereby it was Enacted (1) That the goods of Spiritual perſons ſhould not, without their own conſents, be taken by Purveyors for the King. (2) That the King ſhall not collate or preſent to any vacant Church, Prebend, Chappel, or other Benefice, in anothers Right, but within Three years next after the AvoidancepNote, This is Repealed by the Stat. 25 Ed. 3. 2.. (3) That the Temporalties of Archbiſhops, Biſhops, &c. ſhall not be ſeized into the Kings hands without a juſt cauſe and according to LawqSt. 25 Ed. 8. 6. Regiſt. fo. 32. S. 1. Ed. 3. 2. 2. Seſſ.. (4) That no waſte ſhall be committed on the Temporalties of Biſhops during Vacancies, and that the Dean and Chapter may (if they pleaſe) take them to FarmrF. N. B. fo. 59. b.. (5) And laſtly, That the Lord Chancellor or Lord Treaſurer may during ſuch vacancies, demiſe the Temporalties of Biſhopricks to the Dean and Chapter for the Kings uſe.
(3.) And as there are Articuli Cleri, ſo there are alſo Articuli Religionis, being in all thirty nine; Agreed upon at a Convocation of the Church of England Ann. An. 1562. St. 13. Eliz. c. 12. Where the Penalty for maintaining of Doctrine againſt the Articles, is Deprivation.1562. Ratified by Q. Elizabeth under the Great Seal of England, Confirmed and Eſtabliſhed by an Act of Parliament, with his Majeſties Royal Declaration prefixed thereunto. Which Act of Parliament requires a Subſcription by the Clergy to the ſaid thirty nine Articles; the ſame alſo being required by the Canons made by the Clergy of England at a Convocation held in London Ann. 1603. and ratified by King James. The ſaid Subſcription referrs to three Articles. (1.) That the Kings Majeſtie under God is the only Supream Governour of the Realm, and of all other his Highneſs Dominions and Countreys, &c. (2.) That the Book of Common Prayer, and of Ordaining of Biſhops, Preiſts, and Deacons, containeth nothing in it contrary to the Word of God, &c. (3.) That he alloweth of the ſaid thirty nine Articles of Religion, and acknowledgeth them to be agreeable to the Word of God. By the Statute of 13. Eliz. 12. the Delinquent is diſabled and deprived ipſo facto, but the Delinquent againſt the Canon of King James, is to be proſecuted and proceeded againſt by the Cenſures of the ChurchsVid. Dyer. 23. Eliz. 377. & l. 6. f. 69. in Green's caſe; And it is not ſufficient, that one ſubſcribe to the Thirty Nine Articles of Religion, with this Addition (ſo far forth as the ſame are agreeable to the Word of God.) For it hath been reſolved by Wray, Cheif Juſtice, and by all the Judges of England, That ſuch ſubſcription is not according to the Statute of 13. Eliz. becauſe the Subſcription which the Statute requires muſt be abſolute: But this is no other then ConditionaltPer Wray. B. R. Paſch. 23. Eliz. Smith's Caſe. Vid. Co. Inſt. p. 4. c. 74. verb. Subſcriptions..
(4.) The Circumſpecte agatis is the Title of a Statute made in the 13th. year of Ed. 1. Ann. D. 1285. preſcribing certain Caſes to the Judges, wherein the Kings Prohibition doth not lievCo. l. 7. f. 44. & l. 5. f. 67. & Inſt. par. 2. f. 487.. As in Caſe the Church-yard be left uncloſed, or the Church it ſelf uncovered, the Ordinary may take Cognizance thereof, and by that Statute no Prohibition lies in the Caſe. Nor in caſe a Parſon demands his Oblations, or the due and accuſtomed Tythes of his Pariſhioners; nor if one Parſon ſue another for Tythes great or ſmall, ſo as the fourth part of the Benefice be not demanded; nor in caſe a Parſon demand Mortuaries in places where they have been uſed and accuſtomed to be paid; nor if the Prelate of a Church, or a Patron demand of a Parſon a Penſion due to him; nor in the Caſe of laying violent hands on a Clerk; nor in Caſes of Defamation where Money is not demanded; nor in Caſe of Perjury. In all which Caſes the Eccleſiaſtical Judge hath Cognizance by the ſaid Statute, notwithſtanding the Kings Prohibition. So that the end of that Statute is, to acquaint us with certain Caſes wherein a Prohibition doth not lie. And the Statute of 24 Ed. 1. ſhews in what Caſe a Conſultation is to be grantedwReg. f. 44. F. N. B. f. 50. c. 53. h. V. N. B. f. 32. Raſt. pla. 483. 12 H. 7. f. 22. 2 H. 4. f. 9. Fitz. Conſultat. 1, 2, 4. 5.. And by the Statute of 50. Ed. 3. cap. 4. no Prohibition ſhall be allowed after a Conſultation duely granted; provided that the matter of the Libel be not enlarged, or otherwiſe changedxReg. f. 45. V. N. B. f. 33. F. N. B. f. 45. A..