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A42925 Repertorium canonicum, or, An abridgment of the ecclesiastical laws of this realm, consistent with the temporal wherein the most material points relating to such persons and things, as come within the cognizance thereof, are succinctly treated / by John Godolphin ... Godolphin, John, 1617-1678. 1678 (1678) Wing G949; ESTC R7471 745,019 782

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whatsoever Name or Names they may be called in their Convocation in time coming which alwaies shall be assembled by the Kings Writ unless the same Clergy may have the Kings most Royal assent and License to make promise and execute such Canons Constitutions and Ordinances Provincial or Synodical upon pain of every one of the said Clergy doing the contrary to this Act and thereof convicted to suffer Imprisonment and making Fine at the Kings will Since this year from Archbishop Cranmer to this day all Convocations are to have the Kings leave to debate on matters of Religion and their Canons besides his Royal assent an Act of Parliament for their Confirmation And as to the General Councils there are not any of them of use in England except the first Four General Councils which are established into a Law by King and Parliament The Learned Bishop Prideaux in his Synopsis of Councils gives us the definition of Synodographie and says It is such a Methodical Synopsis of Councils and other Ecclesiastical Meetings as whereby there may be a clear discovery to him that doubts how any Case may be enquired after and what may be determined concerning the same And then immediately after gives us the definition of a Council which he calls a Free Publick Ecclesiastical Meeting especially of Bishops as also of other Doctors lawfully deputed by divers Churches for the examining of Ecclesiastical Causes according to the Scriptures and those according to the power given by Common Suffrages without favour of parties to be determined in matters of Faith by Canons in cases of Practice by Presidents in matters of Discipline by Decrees and Constitutions Of these Councils he observes some to have been Judaical others Apostolical others Oecumenical some Controverted others Rejected and some National to all which he likewise adds Conferences 1 Under the Title of Judaical Councils he comprehends the more solemn Meetings about extraordinary affairs for the Confirming Removing or Reforming any thing as the matter required Such he observes to have been at Sichem under Josuah and Eleazer Josh 24. At Jerusalem the first under David Gad and Nathan being his Assistants 1 Chro. 13. At Carmelita under Ahab and Elias 1 King 18. At Jerusalem the Second under Hezekiah 2. Chro. 29. At Jerusalem the Third under Josiah and Hilkiah 2 Kin. 33. 2 Chro. 34. At Jerusalem the Fourth under Zorobabel and Ezra and the Chief of the Jews that return'd from the Captivity of Babylon And lastly that which is called the Synod of the Wise under John Hircanus Genebrand Chron. l. 2 p. 197. 2 The Apostolical Councils he observes to have been for the substituting of Matthias in the place of Judas Act. 1. For the Election of Seven Deacons Act. 6. For not pressing the Ceremonial Law Act. 15. 11. For the toleration of some Legal Ceremonies for a time to gain the Weak by such condescension Matth. 21. 18. For composing the Apostles Creed For obtruding to the Church 85 Canons under the notion of the Apostles authority concerning which there are many Controversies Lastly for the Meeting at Antioch where among Nine Canons the Eighth commanded Images of Christ to be substituted in the room of Heathenish Idols the other pious Canons being destitute of the Synods authority vid. Bin. Tom. 1. p. 19. Longum p. 147. 3 Of Oecumenical or General Councils some were Greek or Eastern others were Latin or Western The more Famous of the Oecumenical Greek Councils were the Nicene the first of Constantinople the first of Ephesus the first of Chalcedon Of Constantinople the second of Constantinople the third The Nicene the second The more Famous of the Oecumenical Latin Councils were at Ariminum the Lateran at Lions at Vienna the Florentine the Lateran the fifth and lastly at Trent 4 Of Controverted Councils if that distinction be admissable according to the Classis thereof digested by Bellarmine the Computation is at Constantinople the fourth at Sardis at Smyrna at Quinisext at Francfort at Constance and at Basil 5 Of Rejected Councils whereby are intended such as either determine Heretical Opinions or raise Schisms the Computation is at Antioch at Milain at Seleucia at Ephesus the second at Constantinople at Pisa the first and at Pisa the second 6 Of National Synods which comprehend the Provincials of every Metropolitan or Diocesan Bishop the distribution is into Italian Spanish French German Eastern African Britain 7 To these may be added Ecclesiastical Conferences which were only certain Meetings of some Divines wherein nothing could be Canonically determined and therefore needless to be here particularly inserted vid. B. Prideaux Synops of Counc vers fin The grand Censure of the Church whereby it punisheth obstinate Offenders is by way of Excommunication which though the Canonists call Traditio Diabolo or giving the Devil as it were Livery and Seizin of the Excommunicate person yet the Romanists have a Tradition that St. Bernard Excommunicated the Devil himself Sanctus Bernardus plenus virtutibus quadam die praesentibus Episcopis clero populo Excommunicavit quendam Diabolum Incubum qui quandam mulierem in Britannia per septeunium vexabat sic Liberata est ab eo Chron. Jo. Bromton de Temp. H. 1. A miraculous Excommunication and a Sovereign Remedy against Diabolical incubations The Excommunication which St. Oswald pronounced against one who would not be perswaded to be reconciled to his Adversary had nothing so good though a more strange effect for that Excommunicated him out of his Wits and had it not been for Wolstan who as miraculously cur'd him you might have found him if not in Purgatory then in Bedlam at this day Illi cujus es says Sanctus Oswaldus Te commendo carnem Sathanae tuam trado Statim ille dentibus stridere spumas jacere caput rotare incipit Qui tamen à Wolstano sanatus cum Pacem adhuc recusaret iterum tertio est arreptus simili modo quousque ex corde injuriam remitteret offensam If you have not faith enough to believe this on the Credit of Abbot Brompton who Chronicled from the year 588 in which St. Austin came into England to the death of King Richard the First which was in the year 1198. if you have not I say faith enough for the premisses you are not like to be supplied with any on this side Rome unless you have it from Henry de Knighton Canon of Leyster who wrote the Chronicle De Eventibus Angliae from King Edgars time to the death of King Richard the Second for he in his Second Book de Temp. W. 2. doth put it under his infallible pen for an undeniable Truth And indeed is much more probable than what the said Abbot reports touching St. Austins raising to life the Priest at Cumpton in Oxfordshire 150 years after his death to absolve a penitent Excommunicate that at the same time rose also out of his grave and walked out of the Church at St. Austins command That no
for the defence of the True Faith against those Hereticks who belched out their Blasphemies against the Holy Trinity and the Humane Nature of our Saviour the First whereof was at Nice another after that at Constantinople consisting of a hundred and fifty Bishops the Third at Ephesus of two hundred Bishops the Fourth at Chalcedon where many hundreds of Bishops were present and they all with an unanimous Consent confirmed all those Decrees which were made in the Nicene Council These Four Synods says the said Canon are so to be observed by the Church of Christ ut Quatuor Christi Codices There were many other Synods about the same time but these Four were of the best Authority At Jerusalem in the First Century the Apostles Elders and Brethren held a Council against some Pharisees touching Circumcision in the Fourth year of the Reign of the Emperour Claudius The Apostles celebrated also certain Councils for the substituting of Matthias in the place of Judas Act. 1. For the Election of Seven Deacons Act. 6. For not pressing the Ceremonial Law Act. 15. 11 For the toleration of some Legal Observations only for a time Act. 21. 18. To these some will have to be added a Meeting by the Apostles wherein was composed the Apostles Creed Also another Assembly of the Apostles which did obtrude to the Church 85 Canons under the notion of the Apostles Authority concerning which there are various Controversies In this Century there were also Two Synods summoned in Asia for the Reformation of the Churches and Consecration of Bishops at which John the Evangelist was present Euseb lib. 3. cap. 20. At Ancyra in Galatia in the Second Century was Assembled a Synod of divers Bishops wherein the Figments of Montanus were confuted In this Synod Montanus was Excommunicated and his Heresie condemned Euseb lib. 5. cap. 14. In this Century viz. An. 195. Six several Synods were held about the Observation of Easter viz. At Rome in Victors time at Caesarea in Palestina at Pontus in France where Irenaeus was chief in Ostroena and at Ephesus In all which Synods it is observed That the Bishop of Rome had no more Authority than the other Bishops Euseb lib. 5. cap. 23. In the Third Century there were Eight or Nine Synods of Remark viz. At Bastra where Beryllus was confuted by Origen at Rome in the time of Fabianus where the Schism of Novatus was removed another at Rome in the time of Cornelius wherein Novatus the Heretick was condemned at Antioch where Novatus was condemned again at Carthage which erred about the Re-baptizing of Hereticks at Iconium for receiving of Hereticks after Repentance at Antioch again where Samosatenus was condemned this was about the Twelfth year of Galienus Another at the same place under Aurelianus where he was condemned again and deprived of his Church And at Sinuessa consisting of 300 Bishops where Marcellinus Bishop of Rome was condemned for denying Christ and sacrificing to Idols Tom. 1. Concil At Ancyra in the Fourth Century about the year 308 were assembled Bishops of divers Provinces to constitute a form of Ecclesiastical Discipline according to which they who had Sacrificed to Idols in time of Persecution were to be received again upon their Repentance In this Council also it was Ordained That Chorepiscopi that is Countrey-Bishops or Vicarii Episcoporum should abstain from Ordination of Elders and Deacons and from usurping of dominion over the Preaching Elders who were in Cities This Council was subscribed by Eighteen Bishops At Nicea in Bithynia Assembled by the Authority of Constantine the Great a General Council consisting of 318 Bishops The exact time when it began Historians do not agree some conceive it was A. D. 325. So Hillar Socort l. 2. c. 29. Others 359. So Baron N. 27. Others 330. and others referr the year to 333. But Eusebius computeth it to be in the Twentieth year of Constantines Reign It was also in the time of Julius the First and Silvester Popes Three things especially are reported to be condemned by this Famous Council 1. The Arrian Heresie Blasphemously denying to Son to be Co-eternal and Co-essential with the Father 2. The dissent of the Eastern from the Western Christians about the celebration of the Passover in a manner different from the Jewish Custome and it was concluded in this Council That the Feast of Easter should be kept on the Lords Day and not on the Fourteenth day of the First Month of the Jews called Nisan 3. The Schismatical dissentions of the Melitians and Novatians In this Council the Emperour burnt all the Accusations which the Bishops brought against each other as unworthy to be seen Of this Council it is anciently Recorded That Constantinus Imperator congregavit in Nicaea Civitate 318. Episcopos ex omnibus Nationibus ad Confirmandum fidem Catholicam Ita in Tertio Can. AElfrici ad Wulfin Episcop At Tyrus in the Fourth Century was conven'd a National Council by Constantine the Emperour in the Thirtieth year of his Reign wherein were 60 Bishops from Egypt Lybia Asia and Europe the major part whereof were Arrians who charging Athanasius with false Accusations deposed him in his absence whose Deposition Arsenias subscribed with the same hand which the Arrians alledged was cut off by Athanasius At Gangra in Paphlagonia about the year 324. were assembled about Sixteen Fathers in which Council were damned the heretical Opinions of Eustathius who admiring the Monastick life or favouring the heresie of Eucratitae and the Manichaeans spake against Marriage and eating of Flesh and damned the publick Congregations for the Service of God in Temples saying a man could not be saved unless he forsook all his Possessions About this time there was a Council at Antiochia wherein the Arrians deposed Eustatius As also a Council at Arles wherein Cecilianus was absolved from the Accusation of the Donatists At Eliberis in Spain in the time of Constantines Reign were assembled 19 Bishops and 36 Presbyters Among the 81 Canons made in this Synod it was Ordained in the 36 Canon That nothing that is worshipped should be Pictured on a Wall and that in Private Houses no Idols should be found At Carthage the First Council there wherein St. Cyprian with the Advice of many other Bishops of Numidia Lybia and other parts of Africa Ordained those who were Baptized by Hereticks to be Rebaptized was not held under the Reign of Constantine for that St. Cyprian was Martyred in Valexians daies the Eighth Persecuting Emperour but the first Council of Carthage held in Constantines daies was that wherein the Donatists condemned Cecilianus Bishop of Carthage whose innocency was made afterwards to appear At Antioch the First Council there was held by Arrians under the Reign of Constantinus Son of Constantine in the year 340 or 344. This being one of the Councils which either determine Heretical Opinions or raise up Schisms and Troubles to
form following and not otherwise yet the King is not thereby restrained but his power remains full and perfect as before and he may still grant them as King for that all Acts of Grace and Justice flow from him By the Eighth Canon Concilii Calchuthensis held under Pope Adrian the First An. 787. the Pope had power to grant what Immunities and Priviledges he pleased in Church-matters and they were by the said Canon to be duly observed Whatever Authority the Pope pretended to in this Kingdom in such matters by way of Usurpation the same may the King as Supream Governour of the Church next under God in his own Dominions use and lawfully exercise by his Regal Authority ex justa plenitudine Potestatis suae Likewise Pope Agathon An. 680. in Concilio Romano-Britannico exercised his Papal Authority in the time of Lotharius King of Kent not only touching the Reformation of Errors and Heresies then in this Church but also as to the composure of differences and dissentions that then were among the Clergy of this Realm Such Presidents of the usurped power of the Papal See exercised in this Kingdom are now of no further use than to illustrate or exemplifie the Legal power inherent in the Kings of this Realm in such matters of Ecclesiastical Jurisdiction for the most High and Sacred Order of Kings being of Divine Right it follows that all persons of what estate soever and all Causes of what quality soever whether Ecclesiastical or Civil within his Majesties Realms and Dominions are subordinated to the Power and Authority of the King as Supream It is not only acknowledged but also constituted by way of an Ecclesiastical Canon That the power of Calling and Dissolving Councils both National and Provincial is the true Right of all Christian Kings within their own Realms and Territories 8. The Ecclesiastical Legislative power was ever in the Kings of this Realm within their own Dominions That in Ancient times they made their own Ecclesiastical Laws Canons and Constitutions appears by several Presidents and Records of very great Antiquity which were received and observed within their own Territories without any Ratification from any Forreign power One instance among many may be given of the Ecclesiastical Laws of Alured Mag. Regis Anglorum An. 887. This they did de jure by virtue of their own inherent Supremacy And therefore when Pope Nicholas the Second An. 1066. in the Bull wherein he ordained Westminster to be the place for the Consecration of Kings gave power to Edward the Confessor and his Successors to constitute such Laws in the Church as he should think fit he gave him therein no more than was his own before For the Kings of England might ordain or repeal what Canons they thought fit within their own Dominions in right of their Regal Supremacy the same being inherent in them Jure Divino non Papali For we find that in King AEtheldreds days An. 1009. in Concilio AEnhamensi Generali the Canons then made and afterwards caused by King Kanutus to be Transcribed were called the Kings Canons not the Bishops En hujus Concilii Canones quos in suas Leges passim transcripsit Rex Canutus Malmsburius AEtheldredo Regi non Episcopis tribuit And the Peers of this Realm per Synodum Landavensem were unexcommunicable nisi prius Consulto Rege aut ejus praecepto Which is a plain demonstration That the Kings of England Anciently had the Supremacy and superintendent Ecclesiastical power and Jurisdiction inherent in themselves exclusively to all other either home or Forreign powers whatever 9. It is by good Authority asserted That the King as Supream is himself instead of the whole Law yea that he is the Law it self and the only chief Interpreter thereof as in whose Breast resides the whole knowledge of the same And that his Majesty by communicating his Authority to his Judge to expound the Laws doth not thereby abdicate the same from himself but that he may assume it again unto him when and as oft as he pleases Dr. Ridl View p. 2. c. 1. Sect. 7. Consonant whereunto is that which Borellus hath Principum Placita Legis habent vigorem eatenus vim Legis obtinebunt quatenus fuerint cum honestate conjuncta Borel de Magist Edict l. 2. c. 4. Roland à Val. Cons 91. nu 54. vo 2. And Suarez tells us That Princeps est Lex viva reipsa praecipit ut Lex per scripturam Of which Opinion also is Alexander Imola and many others Suar. Alleg. 9. nu 13. The grant of Dispensations is a peculiar and very considerable part of Ecclesiastical Jurisdiction the which is eminently in the Crown and by the Stat. of 25 H. 8. the Archbishop of Canterbury may grant Dispensations Archiepiscopus possit dispensare contra Statutum Provinciale per se editum Et qui potest jus condere potest illud tollere Lindw de Cler. Conju c. 2. gl ult Extr. de Elect. c. Significasti c. Intonuit And in another place Episcopus in quibusdam Casibus Dispensare potest contra Canones Const Otho de Concu Cler. gl ver Meritis 10. The Laws and Statutes of this Realm have been tender of the Kings Supremacy ever since the Forreign power over the State Ecclesiastical was abolished In the Statute of 13 Car. 2. cap. 12. there is a Proviso That nothing in the said Act shall extend to abridge or diminish the Kings Majesties Supremacy in Ecclesiastical matters and affairs And in the Stat. of 22 Car. 2. cap. 1. there is a Proviso That not any thing therein contained shall extend to invalidate or avoid his Majesties Supremacy in Ecclesiastical affairs but that his Majesty his Heirs and Successors may from time to time and at all times hereafter exercise and enjoy all Powers and Authority in Ecclesiastical affairs as fully and amply as any of his Predecessors have or might have done 11. As no Convocations for Ecclesiastical Constitutions or for correction or reformation of Abuses in the Church can be Conven'd without his Majesties Writ for that end and purpose so being Conven'd no Canons or Constitutions that shall then be agreed on can have any effect in Law or be in force to oblige any of his Majesties Subjects until his consent thereunto be first had and obtained and until they shall have the power of Ecclesiastical Laws by being ratified and confirmed by the Supream Authority Therefore the Archbishop of Canterbury may not hold a Council for his Province without the Kings leave for when such Council was held by Hubert Archbishop of Canterbury it was prohibited by fitz-Fitz-Peter Chief Justice for that he had not the Kings License therein but he would not obey And 13 E. 3. Rot. Parl. M. 1. there was a Writ for a Convocation of the Clergy of the Province of Canterbury and Pauls And another for the other of York vid. Stat. 25 H. 8. c. 19. where the Clergy of England acknowledge that