tradehant The Seventh was at Nice under Constantine and his Mother Irene where 367 Bishops were assembled against the Adversaries of Images whom they subjected to their Anathema 2 Of Particular Synods one was held in the Temple of the Apostles in Constantinople under the Patriarch Photius which was called the First and Second Another under Leo and Constantine in the most Famous Temple Sanctae Dei Sapientiae or Sanctae Sophiae which confirmed the Seventh Synod Another at Ancyra more ancient than the first Universal Synod Another at Caesarea more ancient than that at Ancyra Another at Gangra after the Nicene against Eustachius who despised Marriage and taught things not consonant to Ecclesiastical Tradition Another at Antioch a City in Syria where in truth were two Synods the one under Aurelianus against Paulus Samosatenus who said that Christ was meer Man the other under Constantius Son to Constantine the Great Another at Laodicea scituate in Phrygia Pacatiana Another at Sardica that when Constantius embraced the foresaid Sect his Brother Constans Emperour of Old Rome by his Letters threatning him with a War if he would not desist from perverting the Church his Answer was That he sought no other Doctrine than what was most agreeable to the Catholick Faith whereupon by their and the Bishop of Romes appointment 341 Bishops were Conven'd in a Synod which having established the power and authority of the Nicene Synod did constitute divers Canons for the Church Another at Carthage under Theodosius where 217 Bishops were assembled and with them the Popes Vicegerents this Carthage was part of Charchedon and that a Province of Africa 3 The Canons of the Fathers are taken according to the Roman computation out of the Epistles partly of Dionysius Alexandrinus partly of Petrus Alexandrinus partly of the Wonder-working Gregorius partly also out of the Epistles of Bazil or Basilius the Great partly out of the Epistle of Gregory or Gregorius Nyssenus to the B. of Melita partly out of the Responses of Timotheus Alexandrinus partly out of the Responses of the Constantinopolitan Synod to certain Monks Nicholaus the Patriarch being President partly out of the Epistles of Cyril or Cyrillus and partly out of the Epistles of Nicephorus the Patriach 4 The Canons of the Holy Apostles a book falsly ascribed to the Apostles are in number Eighty Five according to a modest Computation if you have any Faith to spare at least enough to believe the Church of Rome in that as in other Points infallible But the Canons indeed of the Apostles which are of Order and External Government do oblige as Dr. Taylor says the Conscience by being accepted in several Churches not by their first Institution and were fitted only to Times and Places and present Necessities For says he the Apostolical Decree of Abstaining from Blood was observed by more Churches than those of Syria and Cilicia to which the Canon was directed and the Colledge of Widows or Deaconesses derived it self into the manners of the Western Churches And the Apostles in their first Preaching and Conversation in Jerusalem instituted a coenobitick life and had all things in Common with Believers indeed no man was obliged to it Of the same nature were their Canons Counsels and Advices The Canon concerning Widows Let not a Widow be chosen under 60 years and yet Justinian suffered one of 40 years old to be chosen Novel 123. c. 12 13. And the Canon of the Apostles forbidding to eat things strangled is no where observed in the Western Churches of Christendom In the beginning of the Fourth Century above 1300 years since we find our Bishops British Bishops at the Councils of Arles Nice Sardis and Ariminum a clear Evidence of the flourishing state of Christianity so long since in this Island At Arles in France conven'd touching the Donatists appeared for the Britains Eborius Bishop of York Restitutus Bishop of London Adelfius Bishop of the City called the Colony of London which some suppose to be Colchester others Maldon in Essex Sacerdos a Priest both by Name and Office Arminius a Deacon An. 313. At the Synod of Nice in Bithynia An. 325. to suppress Arrianism were British Bishops present as Athanasius and Hilary Bishop of Poictiers affirm At the Council of Sardis in Thracia conven'd by Constanitus and Constans Sons to Constantine the Great the British Bishops were likewise present when the Arrians were condemn'd and Athanasius acquitted And at the Council of Ariminum in Italy the British Bishops were also present who according to Athanasius were about An. 360. summoned to divers Forein Councils in remote parts As also here at home in and after the Seventh Century were divers particular Councils and Synods the first whereof according to Stapleton out of Bede called The first of the English Nation was conven'd at Hertford by Theodorus Archbishop of Canterbury who succeeded Deusdedit in that See in this Council the Observation of Easter was settled according to the Romish Rite yet whosoever will have this Council to be as aforesaid The first of the English Nation must understand it the First whose Canons are compleatly extant Bede lib. 4. c. 5. About the year 740 Ethelbald King of Mercia with Cuthbert Archbishop of Canterbury called a Council at Cliffe in Kent the acts of which Synod were 31 Canons among which is was inter alia Ordain'd That Prayers should publickly be made for Kings and Princes But some few years before this the said Theodorus held a Synod or Council of Bishops at Hatfield by authority whereof he divided the Province of Mercia which Sexwolphus then governed alone into five Bishopricks viz. to Chester Worcester Lichfield Cedema in Lindsey and to Dorchester In the year 692 a great Council was held at Becanceld by Withred King of Kent and Bertuald Archbishop of Britain wherein many things were concluded in favour of the Church About the same time a Council was held at Berghamsteed by the said Withred King of Kent at which Council Bishop Wilfrid was restored to York whence he departed for Rome upon the endeavours which Theodorus Archbishop of Canterbury had used to have that Diocess of York divided In the year 801 Ethelard the Archbishop called a Synod at Clivesho in Kent where by power from the Pope he rivited that 's the word the Archbishoprick into the City of Canterbury There was likewise at Celichyth an eminent Council under Wolphred who succeeded Ethelard Archbishop of Canterbury But nigh one hundred years before this viz. about the year 709 a Synod was assembled at Alncester in Worcestershire to promote the building of Evesham-Abbey And not long after another Synod was called at London to introduce the Doctrine of Image-Worship into England now first beginning to appear in the publick practice thereof Also above one hundred years before that viz. about the year 601. Augustine by the aid of Ethelbert King of Kent called a Council of Saxon and British Bishops to meet in the Confines of the Mercians and
Holy Scriptures is meant as is generally held the Kinsmen of the Lord according to the Flesh Antrinitarians were those Hereticks who denied the Blessed Trinity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 these were a Branch from the Root of Eutyches They supposed that the Flesh of Christ was void of all kind of Humane Infirmity The Emperor Justinian was said to be tainted with this Heresie in his old age by bearing so much with the Emperess Theodora to the great Advance of Eutyches his Error Apelles a Disciple of Marcion yet could not agree with his Master in all things for he agreed that Christ had a true Body but not made of the Substance of the Virgin Mary but of the four Elements and that after his Resurrection he dissolved into the four Elements and then return'd to Heaven from whence he came Epiphan Apollinaris Bishop of Laodicea in Syria so Ruffin l. 2. c. 20. yet it is said of him that missing of a Bishoprick he fell into these Heresies viz. That Christ had not Humane Flesh from the Virgin but from Heaven That he had a Humane body but not a Soul Confounding the Persons in the Trinity That Christ had no Humane Will That Souls begat Soules That after the Resurrection all the Ceremonies of the Law should take place among the Godly Apostolici these Hereticks condemned Marriage and held the Apostles to be all unmarried They made all things to be common They used Apochryphal Bookes for Gospel They refused to receive those into the Church who had lapsed after Baptism They would not have Possessions but rejoyced in voluntary Poverty and gave Sentence against themselves that they were unclean because they were procreated by Marriage Aquarii these were certain Hereticks who instead of Wine received Water in the Holy Sacrament This was in the days of Cyprian Arius a Lybian and a Priest or Presbyter of Alexandria he said that Christ was neither God nor Eternal but an excellent Creature created before all Creatures That he assumed only a Body but not the Soul of a man That the Holy Ghost was a Creature of a Creature viz. of the Son He Rebaptized and perverted the order of Baptism He used the Trisagion thus Gloria Patri per Filium in Spiritu Sancto He denied the Son of God to be begotten of the Substance of the Father but that he was a Creature and made of things not existent and that there was a time wherein the Son was not He was condemned in the Nicene Council and banish'd by the Emperour Constatine Armenii so called of the Province where their Heresies raged by the means of Euchanius called Mantacunes They denied that Christ assumed his Humanity from the Virgin Mary They celebrated the Passover after the Custome of the Jews They held a Quaternity and that the Divinty suffered Artemon Bishop of Bostra in Arabia denied the Divinity of Christ and affirmed that he was not existent before he took Flesh from the Virgin This was in the third Century Artotyritae they were of the Sect of the Pepusians and added Cheese to the Bread in the Sacrament Assitae these were Hereticks who carried about with them new vessels to represent that they were vessels filled with the new Wine of the Gospel Badesianistae these were but a Branch of the Heresie of the Valentinians and Gnosticks who denied the Resurrection these Hereticks were in the third Century Basilides an Egyptian of Alexandria he held fond Opinions concerning the Creation and number of Heavens that not Christ but Simon of Cyrene was Crucified That it was lawful to deny Christ in time of persecution and to have Idols that no Sins but such as are unwittingly committed should be pardoned That Faith was natural That Prophesies came not from God but Angels And that there was no Resurrection Beryllus Bishop of Bostra he was orthodox at the first but afterwards held that the Soul died with the Body and both rose again together That Christ was not before his Nativity Origen reclaimed him These Heresies were condemned in the Arabian Council An. 249. Caini so called of the special worship they attributed to Cain The reverenced Esau Core the Sodomites yea and Judas himself as Authors of mans Salvation They denied the Resurrection of the Body rejected the Law and worshipped evil Angels Tertullian and Epiphanius say that these Hereticks arose from the Nicholaitans but Ireneus says they sprung out of the Valentinians Carpocrates of Alexandria in Egypt he held that Christ was meer man and born of Joseph and Mary he held also the transmigration of Souls also that the Devil created the World and denied the Resurrection These damnable Heresies did spread in Egypt Asia and Rome under the name of Gnosticks he lived incontinently with Marcellina one of his own Sect his Son Epiphanes succeeded him in this diabolical Heresie and after him Prodicus the Author of the Adamites The followers of Carpecrates had in secret places Images of Gold and Silver which they called the Images of Jesus and therewithall the Images of Pythagoras Plato and Aristotle all which they worshipped So that the worshipping of Images and the adoration of the Image of Jesus seems to be a Custome borrowed rather from the old Hereticks than from the ancient Fathers of the first Three hundred years Epiph. contra Haeres Cathari they professed themselves purer than others and held Rebaptizing those who sinned after Baptism condemned second Marriage and refused to receive those who had lapsed in time of persecution The founder of these Cathari was Novatus ordained Priest of Rome by Cornelius upon his repulse in a Bishoprick Cerdon of Syria from whence he went to Rome and in the time of Higinus broached these blasphemous heresies viz. That there were two Gods one good who was the Father of Christ and another severe and bad and this Created the World This Cerdon as also Marcion were the Authors of the Opinion of two Gods or two Beginnings he denied the Resurrection of the Body and invented a new Baptism after a man hath been Baptized a second and third time he held that Christ was neither born of the Virgin Mary or suffered really with many other Blasphemies against him he rejected the Law and often seigned to recant but in the end was Excommunicated having lived in Rome Eight and thirty years Cerinthus a circumcised Jew contemporary with Ebion he affirmed that the World was not Created by God but by an inferiour power That Christ was born after the manner of men of Joseph and Mary denying her Virginity he divided Jesus from Christ saying that Christ descended upon Jesus at his Baptism in the form of a Dove That Jesus not Christ suffered and rose again That there was a necessity of Circumcision and that Life Eternal should be at Hierusalem where all Earthly pleasures should endure One thousand years The report is that St. John finding him in a Bath departed thence saying that it
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
of a Bishop may not be without the consent of the Dean yet this we find upon Record nigh as Ancient as the former That where at present there was no Dean there the Election of the Bishop hath been by the Canons alone Canonici Saresbirienses Decanum non habentes ad praesens à Rege prius impetrata Licentia Fratrem suum Concanonicum Herebertum Cantuariensem Archidiaconum Assensu Communi solemniter in Episcopum Elegerunt Electionem factam in Publico recitavit Walterus Praecentor Electioni factae praebuit Rex Assensum quam Hubertus Cantuariensis Archiepiscopus Auctoritate propria Confirmavit c. Consonant to which method is the Act of Parliament made in the 25. of H. 8. whereby it is Enacted That on the vacancy of every Bishoprick his Majesty should issue out his Writ of Congé d'Eslire to the Dean and Chapter of the Church so vacant enabling them to proceed to Election of another Bishop which Election being returned by the said Dean and Chapter and ratified by the Royal Assent his Majesty should issue out his Writ to the Metropolitan to proceed to the Confirmation of the party Elected and taking to himself two other Bishops at least to proceed to Consecration in case he had not before been Consecrated Bishop of some other Church The place of Consecration of Bishops was anciently at Canterbury as the Mother-Church not only of that Province but of all England For when in the time of R. 1. An. 1192. a Bishop of Worcester Elect was to be Consecrated and Westminster the place design'd for that solemnity according to the Popes Command it was opposed by the Prior and Covent of Christ-Church in Canterbury and at a time when the Archbishop thereof whose presence could not but have strengthned that opposition was absent yet the said Prior insisting on the Priviledges and Customes of the Church of Canterbury opposed the said place of Consecration as appears by his Letter to the Bishop of Ely the Popes Legate and other Bishops of that Province in haec verba Reverendis in Christo Dominis Fratribus W. Dei gratia Heliensi Episcopo Apostolicae sedis Legato Domini Regis Cancellario caeterisque Episcopis Cantuariensis Ecclesiae Suffraganeis O. Prior Conventus Ecclesiae Christi Cantuariae salutem ab Auctore salutis Noverit Sanctitas vestra Nos ad sedem Apostolicam appellasse ne Wigorniensis Electus alias quam in Ecclesia Cantuariensi sicut moris est Consecretur ne quis vestrum qui indemnitati Ecclesiae Cantuariensis vinculo Professionis providere tenemini alias quam in eadem Ecclesi◠ejus Consecationi interesse praesumat And at a Synod held at Westminster under P. Honorius 2. in the Reign of H. 1. An. 1126. it was Ordained That at the Consecration of Bishops nothing should by way of Offerings be exacted or by force required Statuimus Apostolica Authoritate Decernimus ut in Consecrationibus Episcoporum c. nil omnino per violentiam nisi sponte oblatum fuerit penitus exigatur Simeon Dunelm Hist de Gest Reg. Angl. The like you have Decreed at another Synod held also at Westminster under P. Innocent 2. in King Stephens Reign An. 1138. Apostolica authoritate Sancimus ut in Consecrationibus Episcoporum ne quicquam ab Episcopo vel Ministris ejus exigatur Hist Richard Prioris Hagustald de Gest Reg. Steph. In the year 1123. which was in the Reign of H. 1. at the Council of Three hundred Bishops conven'd at Rome P. Calixtus 2. being President it was Decreed That no Bishop should be Consecrated unless he were first Canonically Elected Nullus in Episcopum nisi Canonice Electum Consecret quod etsi praesumptum fuerit Consecratus Consecrator absque recuperationis spe deponatur dict Sim. Dunelm Hist As that Canon was not in being so the matter thereby ordained in all probability was far from being observed when Plegmundus Archbishop of Canterbury whom P. Formosus honoured with the Pall Consecrated no less than Seven Bishops in one day in the two and twentieth year of King Alured Chron. Johan Bromton Abbatis Jornalensis When a Bishop is Consecrated then may he Consecrate viz. Churches c. and may Ordain Deacons c. But it was long since provided by the Council of Lateran under P. Alexander That the Bishop should not confer Holy Orders on any that were not then or speedily to be provided with an Ecclesiastical Living Episcopus si aliquem sine certo Titulo de quo Necessaria vitae percipiat in Diaconum vel Presbyterum Ordinaverit tam diu ei necessaria subministret donec ei in aliqua Ecclesia Convenientia stipendia militiae clericalis assignet nisi talis forte qui Ordinatur extiterit qui de sua vel paterna haereditate subsidium vitae possit habere Can. 9. And as touching the Bishops Consecrating of Churches it being vulgarly supposed that there is a considerable piece of Superstition therein it cannot but be seasonable here to enquire whether so or no or whether the Consecration of Churches be not truly Primitive according to the Judgment of the Learned Dr. Heylin To which purpose you have here his very words viz. The place of Publick Worship is called generally according to the style of the Ancient Fathers by the name of the Church For Consecrating or setting apart whereof to Religious uses I find says he so great Authority in the Primitive times as will sufficiently free it from the guilt of Popery Witness the Testimony which Pope Pius gives of his Sister Eutorepia in an Epistle to Justus Viennensis An. 158. or thereabouts for setting apart her own House for the use and service of the Church Witness the Testimony which Metaphrastes gives of Felix the First touching his Consecrating of the House of Cicilia about the year 272. And that which Damasus gives unto Marcellinus who succeeded Felix for Consecrating the House of Lucinia for Religions uses Witness the famous Consecration of the Temple of the Holy Martyrs in Jerusalem Founded by Constantine the Great at which almost all the Bishops in the Eastern parts were summoned and called together by the Emperours Writ and finally not to descend to the following Times witness the 89th Sermon of St. Ambrose entituled De Dedicatione Basilicae Preached at the Dedication of a Church built by Vitalianus and Maianus and the Invitation of Paulinus another Bishop of that Age made by Sulpitius Severus his especial Friend Ad Basilicam quae prorexerat in Nomine Domini consummabitur Dedicandum to be present at the Dedication of a Church of his Foundation Heyl. Cyprian Angl. p. 12. The Decree of Faith made by the Council of Trent was attended with no less than Eight Anathematisms the first whereof was against him that shall say that there is no visible Priesthood in the New Testament nor any power to Consecrate c. For in the beginning of that Decree it is affirmed That there is a visible and
external Priesthood in which Power is given by Divine Institution to Consecrate the Eucharist c. In which Decree the Synod doth also condemn those who say all Christians are Priests or have equal Spiritual power which is nothing but to confound the Ecclesiastical Hierarchy which is in an Order as an Army of Souldiers To which Hierarchical Order do belong especially Bishops who are Superiour to Priests Therefore one of the said Anathematisms did reach those who say that there is not an Hierarchy instituted in the Catholick Church by Divine Ordination consisting of Bishops Priests and Ministers The Historian of the aforesaid Council of Trent tells us That the Sixth of the said Eight Anathematisms was much noted in Germany in which an Article of Faith was made of Hierarchy which word and signification thereof says he is Alien not to say contrary to the Holy Scriptures and though it was somewhat Anciently invented yet the Author is not known and in case he were yet says he he is an Hyperbolical Writer not imitated in the use of that word by any of the Ancients and following the style of the Primitive Church it ought says he to be named not Hierarchy but Hierodiaconia or Hierodoulia But Thomas Passius a Canon of Valentia said in that Council That all doubt made of the Ecclesiastical Hierarchy did proceed from gross ignorance of Antiquity it being a thing Notorious that in the Church the People have alway been governed by the Clergy and in the Clergy the Inferiours by the Superiours until all be reduced unto one Universal Rector which is the Pope of Rome and that it was plain that the Hierarchy consisteth in the Ecclesiastical Orders which is nothing but an holy Order of Superiours and Inferiours But Francis Forrier a Dominican of Portugal at the same time said That Hierarchy consisteth in Jurisdiction and the Council of Nice placeth it in that when it speaketh of the Bishop of Rome Alexandria and Antioch and therefore the handling of Hierarchy not to be joyned with that of Order Others were of a Third opinion viz. That Hierarchy was a mixture of both viz. of Order and Jurisdiction also Thus was that Learned Council divided in this high point of Hierarchy that though they all agreed the thing yet they could not agree wherein to fix it whether in Order or in Jurisdiction or in both Notwithstanding it is generally agreed That the Hierarchy of the Catholick Church is proved by the Testimony of all Antiquity and by the continual use of the Church and that it consisteth of Prelates and Ministers who are Ordained by Bishops in whom resides the power of Consecration which may be a sufficient warrant for this digression Which Consecration as it refers to Persons is done per impositionem manuum except as to Virgins for they also by the Pontifical Law are Consecrable Creatures though they be Foolish Virgins yea though they be Polluted Virgins provided it be not per spontaneam voluntariam pollutionem and there be but putativa Virginitas in the case and shall have not only Laureolam Virginitatis but also Velum Consecrationis as they call it Cajetan in Sum. V. Virgin consecrat Less de Just. Jur. lib. 4. c. 2. Dub. 16. alii DD. But where the Consecration refers to Things as Churches Chappels Bells and other things of the like sound there it is done per preces together with other Consecration-ceremonies the Episcopal Order therein concurring so likewise the Consecration of Virgins is per preces together with other Ceremonies used in the Consecration of Virgins Cujus Signum est quod in Pontificali Romano ubi de hac Consecratione agitur non dicatur roganda de aliqua contaminatione sed de vita conscientia carnis integritate ut notat Cajetanus Less ubi sup That which is next in view is some prospect of Deans and Chapters there were it seems in former times certain Deans who usurped an Authority beyond their Dignity or Function and took upon them to exercise Episcopal Jurisdiction These were condemn'd in a Council at Lateran under Pope Alexander by the fifth Canon of that Council in these words viz. Quoniam quidam in quibusdam partibus sub pretio statuuntur qui Decani vocantur pro certa pecuniae quantitate Episcopalem Jurisdictionem exercent praesenti Decreto statuimus ut qui de caetero id praesumpserit Officio suo privetur Episcopus conferendi hoc officium potestatem amittat Chron. Gervas de Temp. H. 2. Anciently likewise there were certain Deans which were called Decani Christianitatis one of which kind appears in an Ancient Record nigh Four hundred years since relating to the Priviledges of the Priory of St. Austins wherein the words to this present purpose sic se habent viz. Super Privilegiis Innocentii Papae 4. hic superius ad mandatum conservatorum ut praetactum est publicatis Thomas Prior Ecclesiae Christi Cant. Guydo Prior S. Gregorii Thomas Decanus Christianitatis ejusdem Civitatis eadem Privilegia inspexisse ad certitudinem futurorum testati sunt Chron W. Thorn de Temp. Ed. 1. An. 1293. Heretofore also Priors have been called Deans so we find Ceolnothus or Chelnothus in the time of King Ethelred and his Brother Alured Dean of Canterbury to have been called Postea Ceolnothus Cantuariensis Ecclesiae Decanus c. ubi cum Decanus esset quem nos Priorem vocamus non modicum videre solebat Conventum And again Egelnothum alias Ceolnothum ejusdem Ecclesiae Christi Decanum vel Praepositum suum Decanum vocabant quem nos post adventum Lanfranci Priorem appellamus Gervas Act. Pontif. Cant. And where we meet with the word Decania as in the History of Ranulphus Bishop of Durham in the Conquerors time written by Simeon the Monk Deconatus is thereby intended it being the Ecclesiastical Dignity of him qui in Majori Ecclesia denis ad minus Canonicis sive Praebendariis ut vocant sub Episcopo praeest but the DECANVS CHRISTIANITATIS aforesaid so called per Antiquiores Anglos is secundum recentiores DECANVS RVRALIS quem Exteri ARCHIPRESBYTERVM VICANVM vocant De quo de Vrbano vid. Duaren de Sacr. Eccl. minist benef lib. 1. cap. 8. A probable conjecture why anciently he might be called Decanus Christianitatis we may ut mihi videtur have from Mr. Selden in Notis ad EADMERUM pag. 208. Christianitas says he ea quae ad Christianitatem pertinent passim apud Eadmerum atque alios illius aevi Scriptores functionem Episcopalem atque Fori sacri actionem administrationem seu Officium Episcopale ut usitatius appellatur denotant Hinc apud nos Fora sacra quibus jure nempe communi subnixis aut Episcopi praesunt aut ii qui eo nomine Episcopos utpote quos provocare licet suscipiunt Curiae Christianitatis etiamnum vocitantur Glossar Hist Angl. Antiq. ver Christianitas vid. plura in
own destruction 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Blasphemare that is convitiis incessere to speak reproachfully and wickedly of God to ascribe to the Creature what belongs only to God vel ab eo removere quod illi convenit says St. Ambrose or to preferr a False god before the True God Rev. 13. 1. This kind of Blasphemy referrs chiesly to God the Father There is Blasphemy likewise which referrs to God the Son such was the Blasphemy of the Pharisees when they said of Christ That he was a man gluttonous and a Wine-bibber c. This they might probably say out of their ignorance of his Person and therefore a much inferiour Blasphemy to that against the Holy Ghost which is ever against Conscience and out of Envy and Malice Bartolus is of opinion That there is a Blasphemy also which referrs to Men. Bart. in l. Item apud § ait Praetor ff de Injur But this is not that Blasphemy here intended although that Opinion seems to be back'd with good Authority 1 Cor. 4. 13. Tit. 3. 2. yet St. Austin who understood this matter better than Bartol was of another opinion Est autem Blasphemia says he cum aliqua mala dicuntur de boâ—is Itaque jam vulgo Blasphemia non accipitur nisi mala verba de Deo dicere De hominibus namque dubitari potest Deus vero sine controversia bonus est D. August in lib. de Morib Manichaeor cap. 11. It is but a weak illustration of the matter to say Quod in homines est Contumelia hoc in Deum est Blasphemia It may formally be defined to be an Injurious and Contumelious Speech against God It is diametrically opposed to Divine Praise and both these may be as well Internal of the Heart as External of the Mouth for in Gods Omnisciency there is the language of the Heart as well as of the Lip and there may be Blasphemy in the one as well as of the other By the Levitical Law the Blasphemer was to be stoned to death By the Civil Law he was likewise to die for it Authen ut non Luxurientur in fin But this Penalty in those daies by reason of a defect of Religion and Justice is not inflicted says Lucas de Penna in L. omnes C. de Delatorib Jul. Clarus § Blasphemia nu 3. yet Blasphemers of the highest rank are at this day put to death in some places in others they are condemn'd to the Oars in some places they are Banish'd in others they have their Tongues cut off or a hole bored through with an hot Iron ut refert Clarus By the Canon Law solemn Penance was anciently enjoyn'd to Lay-Blasphemers c. 2. de Maled But this is not now in use The Council of Lateran under Pope Leo the Tenth Commanded that such Blasphemers should not be absolved in foro Conscientiae absque gravissima poenitentia dict Concil Sess 9. § Ad abolendum There are some who would have Heresie to be a kind of Blasphemy doubtless there are some Heresies that are very Blasphemous but Heresie in sui natura is quite another thing for as Blasphemy is de Deo male dicendo so Heresie is de Fide Catholica male eligendo for the word Haeresis is derived 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eligo whence they are understood as Hereticks who departing from the true Catholick Faith of Christ aliam sectam Eligunt Some there are who would have all Hereticks to be divided into the Major and the Minor by the Major they will have to be understood all those qui nominatam haeresin praedicant such of old were the Manichaeans Arrians Eutychians Samaritans Ophites Donatists Priscillianists and the like By the Minor those qui haeresin innominatam defendunt Drosaeus in Method Jur. Thus the Philosophers of old had their Sects also among them unusquisque sibi aliquod genus disciplinae ac Sectae proprium elegit there were various Factions among them which by the Greeks were termed Heresies but by the Latins Sects Among the Ancient this word Heresie was not sensed in that odium as now with us nor the word Secta among the Latins St. Paul himself speaks of it in one place as in a sense almost indifferent Act. 26. 5. Notwithstanding it is well known that the Holy Scripture generally understands and speaks of it in pessimam partem so in Tit. 3. 10. A man that is an Heretick after the first and second Admonition reject And in 1 Cor. 11. 19. There must be Heresies among you that they which are approved may be made manifest And in Gal. 5. 20. Heresies are numbred among the works of the Flesh And in 2 Pet. 2. 1. they are called Damnable Heresies By the Civil Law an Heretick can neither make a Testament nor receive any benefit by a Testament L. fin C. de Haereticis And if you will believe Tho. Aquinas as in this you very safely may all Hereticks by robbing the Holy Scriptures of the Truth to establish their pernicious Lies are guilty of a kind of Sacriledge and by Fathering such Lies on God tacitly of Blasphemy Aquin. ar 2. In the One and fortieth Chapter of the ensuing Treatise you have a brief Catalogue of the Councils according to our computation here you have them more succinctly according to the Roman Account Sebastus a Judge in Thessolonica in the time of Constantinus Harmenopulus says That some of the Ecclesiastical Canons were of the Holy Apostles others of the Seven Oecumenical Councils others of particular Synods and others of certain Fathers of the Church to say nothing of the Papal Decretals ordered to be compiled by Pope Gregory the 9th The First Oecumenical Council was Conven'd at Nice under Constantine the Great against Arius who held the Son of God to be a meer Creature This Council consisted of 318 Bishops by whom Arius was Anathematiz'd and his Heresie condemned The Second was at Constantinople under Theodosius the Great against the Pneumatomachists who denied the Divinity of the Holy Ghost This Council consisted of 150 Bishops by whom these Hereticks together with their damnable heresie was accursed The Third was at Ephesus under Theodosius the Less against Nestorius and Celestinus who held that Christ was only Man At this Council were 200 Bishops by whom these Hereticks were likewise censured as the former The Fourth was at Chalcedon under Marcianus against Dioscorus and Eutyches who held that the Two natures of the Word viz. of God and Man were after the Union reduced into one Nature for which they were Anathematiz'd by 630 Bishops there Convened The Fifth was at Constantinople under Justinianus the First where 160 Bishops were present who confirmed the Decrees of the Fourth Synod and condemned Origen and all other Hereticks The Sixth was also at Constantinople under Constantinus Barbatus where were Assembled 170 Bishops who pronounced the Sentence of Anathema against all those qui unum in Christo voluntatem unam agendi vim
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
17. is to that purpose 11. In former times many Bishops had their Suffragans who were also Consecrated as other Bishops were These in the absence of the Bishops upon Embassies or in multiplicity of business did supply their places in matter of Orders but not in Jurisdiction These were chiefly for the ease of the Bishops in the multiplicity of their Affairs ordained in the Primitive times called Chorepiscopi Suffragan or Subsidiary Bishops or Bishops Suffragans and were Titular Bishops Consecrated by the Archbishop of the Province and to execute such Power and Authority and receive such profits as were limited in their Commissions by the Bishops or Diocosans whose Suffragans they were What Towns or Places to be the Sees of Bishops Suffragans and how many to a Diocess and in what Diocesses appears by an Act of Parliament made in the Reign of King H. 8. Such Suffragan Bishops are made in case the Archbishop or some other Bishop desire the same In which case the Bishop presents Two able persons for any place allowed by the said Act of Parliament whereof his Majesty doth chuse one but at present there are no Suffragan Bishops in England They were no other than the Chorepiscopi of the Primitive Times Subsidiary Bishops ordained for easing the Diocesan of some part of his burthen as aforesaid by means whereof they were enabled to perform such Offices belonging to that Sacred Function not limited to time and place by the ancient Canons by which a Bishop was restrained in some certain Acts of Jurisdiction to his proper Diocess Of these there were twenty six in the Realm of England distinguished by the Names of such Principal Towns as were appointed for their Title and Denomination The Names and Number whereof together with the Jurisdiction and preheminences proportioned to them the Reader may peruse in the Act of Parliament made An. 26 H. 8. 12. According to the Temporal Laws of this Land if a Bishop grant Letters of Institution under any other Seal than his Seal of Office and albeit it be out of his Diocess yet it is good For in Cort's Case against the Bishop of St. Davids and others where the Plaintiff offered in evidence Letters of Institution which appeared to be sealed with the Seal of the Bishop of London because the Bishop of St. Davids had not his Seal of Office there and which Letters were made also out of the Diocess It was held That they were good enough albeit they were sealed with another Seal and made out of the Diocess for that the Seal is not material it being an Act made of the Institution And the writing and sealing is but a Testimonial thereof which may be under any Seal or in any place But of that point they would advise 13. A Bishop if he celebrate Divine Service in any Church of his Diocess may require the Offerings of that day He may sequester if the King present not and 12 H. 8. 8. by Pollard he must see the Cure served if the person fail at his own Costs He may commit Administration where Executors being called refuse to prove the Will He hath power of distribution and disposing of Seats and charges of Repairs of the Churches within his Diocess He may award his Jure Patronatus where a Church is Litigious between an Usurper and the other but if he will chuse the Clerk of either at his peril he ought at his peril to receive him that hath Right by the Statute He may License Physicians Chirurgions Schoolmasters and Midwives He may Collate by Lapse He may take competent time to examine the sufficiency and fitness of a Clerk He may give convenient time to persons interested to take notice of Avoidances He is discharged against the true Patron and quit of Disturbance to whom it cannot be imputed if he receive that Clerk that is in pursuance of a Verdict after Inquest in a Jure Patronatus He may have Six Chaplains and every Archbishop may have Eight Chaplains He may unite and consolidate small Parishes and assist the Civil Magistrate in execution of some Statutes concerning Ecclesiastical Affairs And by the Statute of 1 Eliz. cap. 2. any Bishop may at his pleasure joyn and associate himself to the Justices of Oyer and Terminer or to the Justices of Assize at the open and general Sessions to be holden at any place within his Diocess in Causes of the Church And the Statute made 17 Car. 1. c. 27. for the disinabling of persons in Holy Orders to exercise Temporal Jurisdiction or Authority is Repealed by the Statute of 13 Car. 2. cap. 2. whereby they are now enabled to exercise such Temporal Jurisdiction as formerly and is commonly styled the Ordinary of that Diocess where he doth exercise his Episcopal Authority and Jurisdiction In Parliament Bishops as Barons may be present and Vote at the Trial and Arraignment of a Peer only before Sentence of death or loss of Member be pronounced that they may have no hand in blood in any kind they have by Canon Law the Priviledge and Injunction to absent themselves and by Common Law to make Proxies to vote for them 14. ORDINARY according to the acceptation of the Common Law with us is usually taken for him that hath Ordinary Jurisdiction in Causes Ecclesiastical immediate to the King He is in Common understanding the Bishop of the Diocess who is the Supervisor and for the most part Visitor of all his Churches within his Diocess and hath Ordinary Jurisdiction in all the Causes aforesaid for the doing of Justice within his Diocess in jure proprio non per deputationem and therefore it is his care to see that the Church be provided of an able Curate Habet enim Curam Curarum and may execute the Laws of the Church by Ecclesiastical Censures and to him alone are made all Presentations to Churches vacant within his Diocess Ordinarius habet locum principaliter in Episcopo aliis Superioribus qui soli sunt Vniversales in suis Jurisdictionibus sed sunt sub eo alii Ordinarii hi videlicet quibus Competit Jurisdictio Ordinaria de jure privilegio vel consuetudine Lindw cap. Exterior tit de Constitutionib 15. The Jurisdiction of the Ordinary or Bishop as to the Examination of the Clerk or as to the Admission or Institution of him into a Benefice is not Local but it follows the person of the Ordinary or Bishop wheresoever he is And therefore if a Clerk be presented to the Bishop of Norwich to a Church which is void within the Diocess of Norwich who is then in London or if it be to a Bishop of Ireland who is then in England and in London the Ordinary may examine the Clerk or give him Admission or Institution in London And so it was adjudged 16. The Ordinary is not obliged upon a Vacancy to receive the Clerk of him that comes first for as he
Nominatione non facta intra Sex menses devolvitur Nominatio plena Dispositio Episcopatus ad Papam As also appears in that remarkable Case controverted touching the Confirmation of the Election Ad Episcopatum Appamiarum For upon the death of Cardinal de Albret An. 1520. 10. Dec. that Bishoprick became void whereupon the Canons of that Church convened and proceeded to the Election of a new Bishop and chose D. Bernard de Lordat who being elected applied himself Archiepiscopo Tholosano tanquam suo Metropolitano saltem Vicariis suis for the Confirmation of his Election which was done accordingly to which Confirmation the Procurator Regius was not called who appealed from the said Election and Confirmation alledging that the Nomination to the Bishoprick belonged to the King who Nominated D. John de Puis to the Pope whereupon the Pope granted the said Bishoprick to the said John de Puis who by the Bulls and Proxies of the Pope took possession thereof From all which Appeal was again afterwards in Supremam Curiam between De 〈◊〉 and Lordat but De Puis obtaining another Bishoprick the Process on the Appeal was Extinct and Lordat by a Definitive had the Possession of the said Bishoprick Confirmed to him CHAP. VI. Of Consecration 1. What Consecration signifies the Ancient Rites and Ceremonies thereof under the Law who they were to whom it belonged 2. Consecration as specially Applicable to Bishops 3. An Ancient Canon touching the Consecration of Churches 4. The Form of Consecration of Churches by the Justinian Law the Rites and Ceremonies therein used by the Greek and Latin Churches 5. Consecration of Bishops how necessary by the Imperial Law Consonant to the practice of the Greek and Latin Churches 6. Consecration of Bishops is Character Indelebilis at the Common Law 7. Who first Consecrated Churches who first took the style of Pope The Original of Godfathers and Godmothers in Baptism 8. In case of Translations of Bishops no need of new Consecrations Requisites to Creation and Translation of Bishops according to the Common Law of England 1. CONSECRATION here chiefly refers either to Bishops or Churches The Civil as well as Canon Law takes notice of both It signifies a Dedication to God Justinian in his Novel's makes use of the word thereby signifying an Imposition of hands For in this manner says that Book of great Antiquity entituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 began Bishops to be Consecrated It is a kind of Separation of persons Ecâ—csiastical from the Laity and of things Sacred from Prophane for the especial use and service of God The word in the Hebrew signifies a Filling of the hand thereby intimating that under the Law in the Consecration of any there was a giving them or Putting into their hands things to offer whereby they were admitted to their Priestly Office In this Consecration the holy Unction was used or the holy Oyl or holy Ointment which was not to be applied to any Prophane or Civil use but to be appropiated to the Sons of Aaron only whereas Kings were and are to be Anointed that is to be understood as by especial command from God as an Exception to the Sacerdotal practice and as a Consecrating them to the Government in relation whereto a King is a Mixt person under a double capacity Ecclesiastical and Civil as next under God the Supream in Church and State within his own Dominions And although under the Levitical Law there was an Anointing Oyl common to the High Priest with the Inferiour Priests yet the High Priest had a Consecration peculiar to himself which was by the pouring out the precious Oyntment upon his head In imitation whereof are Kings at this day anointed to the Regal Authority 2. The import of this word Consecration as practicable in all Ages specially refers to Archbishops and Bishops and with us consists in certain Benedictions and Ceremonies peculiarly requisite thereunto And when after Election and Confirmation the person is Consecrated and Invested he is then compleat Bishop as well to Temporalties as Spiritualties and then the power of the Guardian of the Spiritualties doth cease Being Consecrated he may confer Holy Orders upon others and may Consecrate Churches and Chappels which before he could not Anselm Archbishop of Canterbury deprived divers Prelates for receiving Investure of King H. 1. but after they were restored ex gratia Speed 436. The Roman Synod made a Cannon that Investure belongs to the Pope yet H. 1. used to give Investure as he did to Ralph Archbishop of Canterbury Sp. 440. b. 3. Touching the Consecration of Churches the Learned Sir H. Spelman makes mention of a very Ancient Canon made by the Synod held at Celichyth in the year 816. under Wulfred Archbishop of Canterbury and President of the said Synod Kenulph King of Morcia being threat also personally present The Canon is to this purpose viz. Wherever a Church is built or erected let it be Sanctified by the Bishop of the proper Diocess Let it have a Benediction from himself and be sprinkled with Holy Water and so be made a compleat Church in such manner as is prescribed in the Ministerial Book Afterwards let the Eucharist which is Consecrated by the same Bishop be together with other Reliques reposited and laid up in a Chest and kept and preserved in the same Church And we Ordain and Command that every Bishop take care that the Saints to whom their Churches are dedicated respectively be painted on the Church-walls or in Tables or on the Altars 4. The Emperour Justinian in his care of the Church hath prescirbed a Form of Consecration thereof in this manner viz. his Law is That none shall presume to erect a Church until the Bishop of the Diocess hath been first acquainted therewith and shall come the lift up his hands to Heaven and Consecrate the place to God by Prayer and erect the Symbole of our Salvation viz. the venerable and truly precioas Rood Likewise among other Ceremonies of Consecrating Churches the laying of the first Stone was of Ancient use in the Greek Church as may be observed out of their Euchologue where it is said That the Bishop after some other Rites performed standing in the place where the Holy Altar shall be set saith certain Prayers which being ended he giveth tho Ite Missa est and then taketh up one of the Stones and having cut a Cross upon it himself with his own hands layeth it upon the Groundwork as the first Foundation-stone then be pronounceth the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. and so the Workmen begin the Building The like Ceremonies are used in the Latin Church at this day at the Consecration of Churches as appears by their Pontificale There is this further touching the Consecration of Churches in the Euchologue of the Greek Church That the Bishop having on his Formilities fumeth the Ground-work or Foundation with his Iacense Circular-wise then the Singing-men say
The Statute of 13 El. cap. 12. Ordained That the Articles agreed by the Archbishop and Bishops of both Provinces and all the Clergy in the Convocation held at London c. shall be read by the Incumbent otherwise he is ipso facto deprived Or admitting all these Requisites have had their due performance so that he is a compleat Parson to all intents and purposes of Law whatever yet he may not under pretence of this or that Custome extend the Lines of his Parsonage beyond its due limits or bounds out of an Avaricious design to advance the perquisites of his Parsonage 5. Edward Topsall Clerk Parson of St. Botolphs without Aldersgate London and the Churchwardens of the same Libelled in the Ecclesiastical Court against Sir John Ferrers and alledged that there was a Custome within the City of London and specially within that Parish That if any person being Man or Woman die within that Parish and be carried out of the Parish to be Buried elsewhere that in such case there ought to be paid to the Parson of this Parish if he or she be buried elsewhere in the Chancel so much and to the Churchwardens so much being the Sums that they alledged were by Custome payable unto them for such as were buried in their own Chancel And then alledging that the Wife of Sir John Ferrers died within the Parish and was carried away and buried in the Chancel of another Church and so demanded of him the said Sum. Whereupon for Sir John Ferrers a Prohibition was prayed by Serjeant Harris and upon debate it was granted For this Custome is against Reason That he that is no Parishioner but may pass through the Parish or lie in an Inne for a night should if he then die be forced to be Buried there or to pay as if he were and so upon the matter to pay twice for his Burial 6. The words Parsonage Church and Rectory are frequently in the Law used Synonymously and promiscuously but the word Advowson is another thing and distinct from each of them And as to some Parsonages there are certain Rents due and payable so out of some Parsonages or Rectories there are issuing certain Rents or Pensions which Pensions are not suable at the Common Law but in the Ecclesiastical Court as was said in Crocker and York's Case against Dormer against whom they had a Recovery in a Writ of Entry in the Post among other things of a yearly Rent or Pension of four Marks issuing out of the Church or Rectory of F. In which Case it was agreed by Clench and Fenner that a Pension issuing out of a Rectory is the same with the Rent of which Popham seemed to make some doubt for there being in that Case a Demand for Rent in the Disjunctive viz. a Rent or Pension he moved that the greatest difficulty in the Case was the Demand made in the Disjunctive viz. of an Annual Rent or Pension for if a Pension issuing out of a Rectory shall be said to be a thing meerly Spiritual and not to be demanded by the Common Law or meerly of another nature than the Rent it self with which it is there conjoyn'd by the word or that then it is Erroneous 7. B. brought an Action of Debt against W. upon an Obligation of 600 l. the Condition was That if W. Resign a Benefice upon Request that then the Obligation should be void And the Condition was Entered the Defendant Demurred and Judgment in B. R. pro Querente And upon Error brought Judgment was Affirmed in the Exchequer for this Obligation is not voidable by the Statute of 14 Eliz. which makes Obligations of the same force as Leases made by Parsons of their Glebes viz. per Non-Residency And it doth not appear by the Plea of the Defendant that it was not an Obligation bona fide which might be lawful As if a Patron which hath a Son which is not yet fit to be presented for default of Age and he present another with an Agreement that when his Son come to the Age of 24 years he shall Resign it it is a good Obligation And this Case viz. an Obligation with Condition to Resign had been Adjudged good in the Case of one Jones An. 8 Jac. And the Counsel said That he who is presented to a Church is Married thereto and it is like as if a man who hath married a Wife should be bound to be divorced from her or not cohabit with her these Conditions are void But these resemble not our Case 8. It was said in Johnson's Case That if a Parson Leases his Rectory for years or parcel of his Glebe reserving a Rent and dies if his Successor accepts the Rent that Acceptance does not make the Lease good because by his death the Franktenement is in Abeyance and in no Man And also a Parson cannot Discontinue And by consequence That that he did without Livery is determined by his death And it is not like to the Case of an Abbot Prior or Tenant in Tail 9. Hendon moved for Dr. Clay Vicar of Hallifax That a Prohibition might be granted to the High Commissioners of York for that that these Articles by one Smith were exhibited against him viz. 1. That he read the Holy Bible in an irreverent and undecent manner to the scandal of the whole Congregation 2. That he did not do his duty in Preaching but against his Oath and the Ecclesiastical Canon had neglected for sundry Mornings to Preach 3. That he took the Cups and other Vessels of the Church consecrated to holy use and employed them in his own House and put Barm in the Cups that they were so polluted that the Communicants of the Parish were loath to drink out of them 4. That he did not observe the last Fast Proclaimed upon the Wednesday but on the Thursday because it was an Holy-day 5. That he retained one Stepheson in one of the Chappels of Ease who was a man of ill Life and Conversation viz. an Adulterer and a Drunkard 6. That he did not Catechize according to the Parish-Canon but only bought many of Dr. Wilkinson's Catechisms for every of which he paid 2 d. and sold them to the Parishioners for 3 d. without any examination or instruction for their benefit And that he when any Commissions were directed to him to compel any person in his Parish to do Penance he exacted money of them and so they were dismissed without inflicting any penalty upon them as their Censure was And that he and his Servants used divers Menaces to his Parishioners and that he abused himself and disgraced his Function by divers base Labours viz. He made Mortar having a Leathern-Apron before him and he himself took a Tithe-Pigg out of the Pigsty and afterwards he himself gelded it And when he had divers Presents sent him as by some Flesh by some Fish and by others Ale he did not spend it in the invitation of his Friends and Neighbours or
such a malign influence upon succeeding Princes in After-ages and other Kingdoms and also upon the Popes as some Historiographers do more than conjecture is not so evident as that which is reported by Ingulphus Abbot of Crowland touching Eight Churches to have been Appropriated to that Abbey by several Saxon Kings and though by their Charters yet whether by such exclusively to all Ecclesiastical Authority is not so certain as that William the Conqueror without asking leave of the Pope Appropriated three Parish-Churches to the Abbey of Battaile which he built in memory of his Conquest and his youngest Son H. 1. nigh twenty in one day to the Cathedral of Sarum by his Letters Patents together with the Tithes of those Parishes which his elder Brother William Sirnamed Rufus had depopulated and disecclesiated in New-Forrest in Hantshire Notwithstanding which the Pope who understood his Supremacy in matters Ecclesiastical better than to part with it upon any Presidents of Temporal Usurpations doth frequently in his Decretals without any contradiction rather assume than arrogate this Right unto himself as a Prerogative of the Apostolick See and granted to several Religious Orders this Priviledge of taking Ecclesiastical Benefices at Lay-mens hands by the mediation of the Diocesan who at a moderate and indifferent rate as one Moity of the Annual profits of the Benefice was to be a Medium or Expedient between the Religious House and the Incumbent but in process of time partly by the remisness of the Bishops in that point and partly by the Covetousness of the Monks and Friers in those days the Incumbents proportion became at last so inconsiderable that Pope Vrban the Fifth by his Legate Othobon about the year 1260 was forced to inhibit all the Bishops here in England from Appropriating any more Churches to any Monastery or othes Religious Houses save only in such cases where Charity might prevail in derogation of Law and under this Proviso also That the Bishops should assign a competent proprotion of the Parochial Fruits for the Maintenance of the Incumbent according to the annual value thereof in case the new Appropriators did it not within Six months next after such Appropriation but this Constitution not taking the effect expected a convenient Maintenance for the Vicar was otherwise provided for by Two Statutes the one made by R. 2. the other by his Successor H. 4. So that upon the whole it may be rationally inferr'd that these Appropriations originally came partly by the Act of Ecclesiasticks and partly by the Laity But what way soever they came this is and hath been held for Law within this Realm That albeit the Pope takes upon him to be Supream Ordinary yet no Appropriations made by him or by any Authority derived from him were ever allowed or approved of by the Laws of this Realm it being held That no Appropriations within this Realm can be made but by the King or by Authority derived from him and by his License and that all other Appropriations are void in Law An Appropriation may be by the King Sole where he is Patron but it may not be by the Patron Sole Grendon's Case in Plowden 17 E. 3. 39. An Appropriation cannot be without the King's License Ward 's Case Poph. Rep. Nor will the Objection hold against the King to say No man can make an Appropriation of any Church having Cure of Souls the same being a thing meerly Ecclesiastical and to be made by some Ecclesiastical person but he only who hath Ecclesiastical Jurisdiction for such Jurisdiction the King hath and is such a Spiritual person as may of himself Appropriate any Church or Advowson because in him resides the Ecclesiastical Power and Jurisdiction And therefore in a Case of Commendams it was long since held That an Appropriation made by the Pope could not be good without the King's License The like in a Case of Avoidance was vouched in Cawdrie's Case That the Entry into a Church by the Authority of the Pope only was not good and that he could not Appropriate a Church to Appropriatees to hold to their own use And in Gyendon's Case it was Resolved by the Justices That the Ordinary Patron and King ought to be assenting to every Appropriation and that the Authority which the Pope had usurped in this Realm was by Parliament 25 H. 8. acknowledged to be in the King who as Supream Ordinary may Appropriate without the Bishop's Assent 2. It seems therefore without any contradiction most evident That Appropriation or Impropriation at the Original thereof was when the Religious Houses of the Romish Church and the Religious persons as Abbots Priors and the like had the Advowson of any Parsonage to them and their Successors obtaining License of their Holy Father the Pope as also of Kings and of their Ordinaries that they and their Successors should from thenceforth be the Parsons thereof that it should thenceforth be a Vicarage and that a Vicar should serve the Cure So that at the beginning of this Spiritual Monopoly of Appropriations they were made only to such Spiritual persons as were qualified to Administer the Sacramental Ordinances and perform Divine Service Afterwards the Grant thereof was gradually enlarged and extended to Deans and Chapters though Bodies Politick and as such not capable of performing such Divine Services yea and which was most Ridiculous as well as Impious to Nunus which were Prioresses to some Nunnerics but not Female-Preachers as in these daies All which was under a Pretence of maintaining Hospitality and to supply all defects hereby occasioned there must be the Invention of a Vicar as the Appropriators Deputy to serve them and the Cure for which he had and hath the Tithe of Mint and Cummin and such other small ossals of Tithes as might be spared out of the weightier Granaries thereof without breach of the Laws of Hospitality thereby Sacrilegiously robbing the Church to enrich themselves Thus the poor Vicar shall have something like a certain portion of the Benefice whilst the Abbot and the Covent and their Lay-Successors shall be the Parsons and receive the main Profits and so live by the Altar without waiting on it and be Re-baptized by the Law with the name of Parsons Imparsonces This was that Anciently which we now call Appropriation which cannot be made to begin in the Parson's Life-time without his Assent and is so called because they hold the Profits ad proprium suum usum but if such Advowsons happen to be recovered by Ancient Title then and in such case the Appropriation of the Parsonage is annulled 3. So that from the Premisses it is evident That this Appropriation or Impropriation is an Annexation of an Ecclesiastical Benefice which originally was as it were in nullius Patrimonio to the proper and peculiar use and benefit of some Religious House Bishoprick Dean and Chapter Colledge c. Quod Divini juris est id nullius est in bonis Instit de
like which without such a Faculty would have avoided it 4. The Semestral Commendatary is not reputed Praelatus but Procurator Administrator habens titulum Canonicum It doth make Fructus suos but ad providendum sibi Ministris and what remains is to be converted to the use of the Church Greg. X. in Concil Lugd. An. 1275. Gloss in cap. Nemo 15. De Electione in Sexto And John d'Atbon upon Othobou's Canon or Constitution De Commendis Ecclesiarum says That Commendare idem est quod Deponere seu Custodiae Committere And all agree that such a Commendatary is not Praelatus but Procurator habet tamen Legitimam Administrationem ad Colligend providend Ministris ea vero quae supersunt ad utilitatem Ecclesiae convertenda Commendare ut ait Papin nihil aliud est quam deponere l. Lucius ff Deposit l. Commendare ff de verb. Sig. l. Publia ff Deposit Gloss ibid. But as to a Perpetual Commendam Perpetuity and the disposal of the Fruits must concur And as a Patron cannot Present to a Church Full so neither can a Commendam be made to a Church certain that is then Full for there is no difference betwixt a Commendam and a Presentation but that the one Presents the Parson to the Church the other commits the Church to the Parson both being incompatible when the Church hath his proper Rector The Canons also speaking of Commendams rely much upon Ecclesias vacantes necessitatem utilitatem Ecclesiae vacantis And Commendams were not made anciently in general terms to any Churches uncertain but to some certain Church then void Also the Patrons consent is necessary to a Commendam secundum omnes Patroni consensus omnium qui laedi possunt requiritur And again Quod satis observant Praelati qui nisi Praesentati per Patronos non faciunt Commendas Gloss in Concil Lugd. Othob Provin Hob. Rep. in dict Cas Colt and Glover vers Bishop of Covent and Lichfield Likewise it is further asserted by Sir Hen. Hobart in the Case aforesaid That the Temporary Commenda brings with it so many Incongruities Inconveniences and Absurdities in Law as cannot be born for thereby the Church is neither altogether void as it remains in the Case of a Commendam Semestris which is but a Sequestration of Fruits and Cure till the Patron Presents neither is the Church absolutely Full for then it should be Plena Consulta h. c. plena de possessore consulta de Rectore 5. Commenda in the Canon Law hath a nigh affinity to Collation Rebuff in § Statuimus in ver conferantur de Collat. and is a Canonical Institution or a Canonical Title cap. Dudum in 2. de Elect. Etsi in titulum non detur Ecclesia and when the Commendatary dies the Benefice is void ut alia in titulum possessa Rebuff de pacif Possess nu 42 43 44. The Pope was wont to provide by a Commendam when he gave a Benefice in Custodiam that he that had the Custody thereof should not thereof have fructus suos cap. Nemo de Elect. in 6. but should restore the same Can. placuit 10. q. 3. unless he express'd in the Grant as he often did that the Commendatary should convert the Fruits thereof to his own use It is in Law provided by the Commendam that the Commendatary shall not be nor said to be Titularius Ecclesiae concessae because he hath another at the same time and together with that he cannot aliam habere in titulum cap. dudum in 2. de Elect. cap. fin 21. q. 1. For the Law compares the Relation that is between a Rector and his Church to that of Man and Wife and in express terms calls it Matrimonium cap. sicut vir q. 1. and says it is as odious to have more Benefices than one at once as more Wives than one at once cap. de multa de Praebend whence it may aptly be inferr'd That Plurality is a kind of Spiritual Bigamy or Polygamy Moreover by the Canon Law a Commendam may be either for a certain time or for life cap. Extirpandae § quia vero De Praeben c. nemo de Elect. in 6. And during the vacancy of a See the Chapter may grant the Commendam ad tempus c. significatum de Praeb dict c. nemo If the Commendam be granted in Perpetuity or for life it is vice tituli Nam ad tempus Collatio fieri nequit Beneficii c. si gratiose de Rescript c. satis perversum 66. Dist In the Church of Rome there are certain Benefices which were never wont to be given in Commendam such as that of the Holy Ghost in Sicily St. John of Jerusalem St. Anthony the Blessed Virgin Mary and others and this by a Constitution of Pope Alexander the Sixth as a mark of grace because they were given to the Fraternity of these Orders in titulum Rebuff de Commendis nu 41. Prox. Benef. 6. Whether any man Inferiour to a Bishop may Ecclesiam Commendare is a Question moved by Rebuffus who holds it in the Affirmative provided it be a Commenda only ad Tempus that is only for Six months Rebuff Respon 71. de Commenda which opinion Panormitan seems to be of by saying Inferiorem à Papa non posse Perpetuo Commendare sed ad Tempus sic Panorm in c. si constiterit in 1. notab de Accusat For the Canonists of the Romish Church do hold That Commendare in perpetuum potest solus Papa Ad tempus sex mensium quilibet Ordinarius potest Likewise Panormitan says further That a Chapter Sede vacante possit usque ad sex menses Commendare Panor Felin in c. cum olim 11. q. de Major obed Jo. Francisc in Tract de Offic. potest Capituli Sede vacante in 2. part q. 3. whence Rebuffus concludes that any other qui Beneficia conferre potest may do the like it being as a Rule in Law That illud videtur permissum quod non est prohibitum c. nam concupiscentiam de Consti L. praecipimus C. de Appellat The Canon Law to which only we are beholding for the clearest apprehensions we can possibly have of Commendams allows a very extensive Latitude to the Pope in the granting and revoking thereof but this doth not concern us further than as the Popes Ecclesiastical power heretofore exercised in this Realm by way of Usurpation is now vested in the King de jure yet it will be agreed on all hands That a Commendam in the very nature of it is meerly and properly Custodial that Church or Benefice being then granted in Commendam quando in custodiam seu Custodiae causa datur c. nemo de Elect. in 6. And as he who hath only the Custody of a thing non facit fructus suos so neither he according to the Canon Law who hath a Commendam without the Popes special grant thereof to the Commendatary c.
tithable no Tithes of Pasture of Milch-kine grown dry unless kept for Sale 45. Composition for Tithes for life not good without Deed. 46. Estovers burnt in the house not Tithable The Hearth-peny good by Prescription 47. A Composition for Tithes de anno in annum 48. The Modus decimandi is Suable in the Ecclesiastical Court as well as the Tithe it self 49. Proâ—ibition in case of Libel to prove in perpet rei memo 50. Custome of Tithe-Grass Cocks as to both Mathes 51. In a Prohibition upon matter at Common Law and not within the Stat. of 2 E. 6. 13. the Suggestion need not be proved in Six months 52. Tithe-Hay of Headlands Custome and Prescription 53. Tithe-Hay of Heathlands also Tithe of Pidgeons 54. Minute Tithes to the Vicar 55. Tithes to Parson and Vicar may amount but to one Action 56. The Curate may not Prescribe in Tithes against the Parson 57. Curates may sue for Pensions in the Ecclesiastical Court 58. By the Civil Law the Parson to have Notice when Tithes set out 59. Action on the Case against a Compounder for Tithes Suing in the Ecclesiastical Court 60. Modus decimandi by one may hold as to others for a Prohibition 61. Composition for one year good without Deed not if for years 62. Tithe-Hasel Holly Willow Whitethorn Whether the Parishioner shall preserve the Parsons Tithe for him 63. Testis Singularis not sufficient to prove payment of Tithes in the Ecclesiastical Court 64. Composition for Tithes and a Prohibition thereon 65. Tithes taken away by a Stranger after they are set out the Parsons remedy lies at the Common Law 66. In what Case no Costs upon failure of Proof of the Suggestion within the Six months 67. Modus Decimandi may be Sued for in the Ecclesiastical Court where if denied they are to surcease 68. Custome in Cornwall touching Tithes of Sea-fâ—sh 69. In what Case an Agreement for Tithes for years may be good without Deed. 70. In what Court Tithes of Rents in London may be Sued 71. A Collector of Tithes cannot License a Parishioner to carry away his Corn. 72. Whether Debt lies for Treble dammages upon Fraudulent setting forth of Tithes 73. Tithes whether they belong to the Parson or the Vicar cognizable in the Ecclesâ—astical Court where the Right of Tithes is confessed 74. The Ecclesiastical Court not Judges of the Bounds of a Parish 75. Modus Decimandi in reference to a Park 76. A Frâ—udulent setting out of Tithes is no setting them out at all 77. The Vicar shall have Tithe of Rape-Seed being within a Prescription though a new thing in England 78. What the word Garba signifies 79. Whether Wood in its own nature be great Tithes and in what case it shall pass by the words de minutis Decimis 80. If two Titles of Tithes unite in one person there need but one Action for them 81. A Parson may not sett a Lease for years of Tithes per parol only 82. If a Parson be disturbed in carrying away his Tithes seâ— out his Remedy lies properly in the Ecclesiastical Court 1. TITHES Dismes Decimae probably an abbreviation from the Saxon Teoâ—unâ— or Tithing properly Decuria in that Language Lamb. Expl. of Sax. words verb. Deâ—uria That the Apostles and Elders at Jerusalem were competently supplied by the Contributions of the Jewish Proselytes is very conjecturable in that they sold their possessions and brought the price thereof and laid it down at the Apostles feet and such as then planted the Gospel and labourâ—â— in the Word and Doctrine had their maintenance by the Contributions of their Converts Vid. Concil Grang. Can. 7 8. And St. Cyprian writing to his Church of Carthage Epist 33 34. to receive Aurelius and Cellerinus Confessors saith in Epist 34. Presbyterii honorem designasse nos ilâ—is jam sciatis ut sportulis iisdem cum Presbyteris honorentur Divisiones Mensurnas aequatis quantitatibus partiantur Know you that we have already designed to them the Dignity of Presbytership that they might be honoured with such allowances as Presbyters have and receive equal shares in the Monthly Dividends So that Sportulae were the allowances which in this Infancy of the Gospel the Presbyters had out of the Contributions of the Converts And the Fratres Sportulantes mentioned by him in Epist 66. were the Clergy which received such allowance These Converts after the Conversion of Constantine the Emperour many of them being Governours and Nobles settled great and large Demesn-Lands upon those who Converted them and that according to Mr. Seldens conjecture the first Oratories or places of Publick Worship were built in the Lands bestowed on them which first Oratories were called Cathedrals Sees or Seats from their constant Residence thereon That the Christian Church even in times of Persecution laid claim to Tithes as due Jure Divino is partly confessed by Mr. Selden himself citing some passages in the Ancient Fathers to that purpose But when the Empire became Christian then the Christian Clergy did more earnestly press the Donation of Tithes and in process of time they prevailed not only by Preaching and Canons but by the Edicts of Emperours and Kings to have Tithes given to the Church And it appears that the Roman Empire where-ever it did reduce any Conquered Countrey in formam Provinciae appointed the Farmers of the Customes to collect among other Impositions the Tenths of the Tenants of the Empires that is of all who occupied any Land in the Conquered Province either as immediate Tenants to the Empire or as Sub-Tenants under them The Publicans therefore who collected these Tributes were called Decumani as Mr. Selden pag. 39. of his History of Tithes doth observe out of Appian But whether these Tenths were received by the Senate or Emperours upon a Civil or Religious account is not liquid and clear For the Emperours alwaies till Christianity came in nay Constantine and other Emperours even after Christianity was received till Gratian's time as the Noble and Learned Du-plessy in his Mystery of Iniquity observes out of Zosimen continued the chief Pontifice or High-Priesthood in their own persons And as touching us here in England Dr. Heylin P. H. Treleyny in his Treatise touching Tithes p. 3. saith Tithes are not given to the Ministers by the People for Sr. Ed. Coke on Litt. Tenures lib. 1. c. 9. Sect. 73. fo 58. asserteth That it appears by the Laws and Ordinances of Ancient Kings and especially of King Alfred That the first Kings of this Realm had all the Lands of England in Demesn and Les Grandé Mannors Royalties they reserved to themselves and with the Remnant they for the defence of the Realm enfâ—offed the Barons of the Realm with such Jurisdiction as the Court Baron now hath And at this time when all the Lands of England were the King Demesns that Ethelwolph the Second Monarch of the Saxon race his Father Egbert being the first which brought the former Heptarchy under one
the probable derivation of that word and what it signifies 2. The manner and form of Publication of Banns according to the Provincial Constitutions 3. By whom Licences for Dispensation of Banns may be granted according to the Canons Also to whom and under what Conditions or Cautions 4. Requisites or Preparatories in Law unto such Licences 5. A Case at Common Law with the Resolutions of the Court relating to Banns with the power of the Ecclesiastical Jurisdiction therein 1. BANNS bannus vel bannum if Ban in the Brittish Language signifies clamor as Mr. Blount gives it in his Nomo-Lexicon then we need seek no further for its Derivation Bannos Q. an non declinata voce à Graece 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 omne 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 innotescat Mutatur enim facile 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 For though the Word be frequently mentioned by the Feudists and thence applied to other uses as to that which we here in this Kingdom call a Proclamation whereby any thing is by Authority publickly Commanded Permitted or Forbidden Vincen. de Franch Decis 521 360. yet in the Sence here meant and intended it is not so properly a Proclamation as a Publication or a publick Notice-giving And therefore by the word Banns as we use it is intended that publishing of Matrimonial Contracts in the Church tempore Divnorum before Solemnization of Marriage to the end That if any have ought material to object against the intended Marriage signified by such Publication either in respect of Pre-contract or otherwise they may seasonably make their Exception against it consonant to the very Letter of the Canon Law where Banna sunt proclamationes Sponsi Spansae in Ecclesiis fieri solitae c. 27. extr de Spons c. ult Qui Matrim pos c. ult de clandest Despon vid. Gothof ad Nov. Leon. 89. in med ibi Hottoman is very confident that there is both bannns and bannum and that they signifie Two distinct things and neither of them to our purpose for according to his exposition the one should signifie an Edict what day their Vassals or Slaves furnish'd with Horse and shall encounter one another the other a Sanction or Decree that is a Mulct or Fine imposed on him that does not obey the Edict Hottom in verb. Bannus De verbis Feudalibus 2. In the Provincial Constitutions Banna are publick Proclamations or Denuntiations Lind. Provin Constit de cland Despon c. 1. glos verb. Bannorum Others describe them to be Edicta publice proposita Petr. de Anchor in cap. cum in tua Ext. de Sponsal By the said Provincial Constitutions the Banns ought to be Solemn Publications that is they ought to be thrice published in the Parochial Churches where the contracting Parties and their Parents dwell on 3 Sabbath days or 3 Festival daies allowing some interval of time between each at the time of Divine Service when most of the Parishioners are assembled together by the Parsons of the said Parishes respectively or others in holy Orders at such times and seasons wherein Solemnization of Marriage is not Canonically prohibited glos verb. Bannorum ubi supra Yet where three Festivals immediately succeed each other such Publication in them made holds good in Law Prov. Const de Spons glos in verb. a se distantibus As also shall the Marriage it self when once solemnized albeit such Publication of Banns as aforesaid did not precede the same gl in v. Solen Edit de cland Despon ubi supra 3. But by the Ecclesiastical Canons now in force it is Ordained That no Licence for the Solemnization of Marriage shall be granted without thrice open Publication of the Banns according to the Book of Common Prayer by any Person exercising any Ecclesiastical Jurisdiction or claiming any Priviledges in the right of their Churches but shall be granted only by such as have Episcopal Authority or the Commissary for Faculties Vicars General of the Archbishops and Bishops sede plena or sede vacante the Gardian of the Spiritualties or Ordinaries exercising of right Episcopal Jurisdiction in their several Jurisdictions respectively and unto such Persons only as be of good State and Quality and that upon good caution and security which shall contain these four Conditions 1 That therein is not any Impediment or Precontract Consanguinity Affinity or other lawful Cause to hinder the said Marriage 2 That there is not any Suit depending in any Court before any Ecclesiastical Judge touching any Contract or Marriage of either of the said Parties with any other 3 That they have the consent of their Parents or Guardians 4 That they shall celebrate the said Marriage publickly in the Parish-Church or Chappel where one of them dwells and that between the hours of 8 and 12 in the Forenoon Pasch 8. Car. B. R. case Matingley vers Martyn It was resolved that if any Marry without the Proclamation of Banns or Licence to dispence therewith they are citable for the same in the Ecclesiastical Court and no Prohibition lies in the case Jones Rep. 4. Before any such Licence as aforesaid can be granted it must appear to the Judge by the Oaths of two sufficient witnesses that the Consent of the Parents or Guardians is thereunto obtained and one of the Parties must personally swear that he beleives there is no Lett or Impediment of Precontract Kindred or Alliance or of any other lawful Cause whatsoever nor any Suit commenced in any Ecclesiastical Court to hinder the said Marriage according to the Tenor of the said Licence But in case the Parties be in Widowhood then the Clause relating to the Parents Consent may be omitted the penalty for offending in the Premisses is six months suspension ab executione Officii in any Commissary for Faculties Vicars General or other the said Ordinaries together with a vacating of every such Licence or Dispensation and subjecting the Parties marrying to the punishments appointed for clandestine Marriages The Syntagmatist tels us that there is a Canon extant made by John Metropolitan of Muscovy who is held as a Prophet in Russia to this day that Matrimonium non nisi publice in Ecclesiis contrahatur Petrus Gregor Tholos 5 In the case of Matingly against Martyn it was resolved 1 That the Cognuzance of all fornications Adulteries and suspected living in Adultery doth appertain to the Ecclesiastical Court 2 That if any marry without proclamation of the Banns without a Licence to dispence therewith they are citable in the Ecclesiastical Court for the same and no Prohibition lies in that case as aforesaid 3 That if any Licences to marry without Banns be granted by the Ordinary of the Diocess or by Commissaries or Officials in their Jurisdictions or by the Archbishop in his Province before the Stat. of 25. H. 8. The Cognuzance of the sufficiency of such Licence of the form of the Dispensation and of the Conditions and Provisoes of such Licence and
suadente 17. q. 4. And as to Sacriledge committed against Places sacred the Canon is That Sacrilegium Committitur auferendo Sacrum de sacro vel non sacrum de sacro aut sacrum de non sacro cap. quisquis 17. q. 4. Of which Three Members the Third doth not belong to this circumstance of Place And as to the second Member thereof the Civil Law determines otherwise than the Canon for in that Case the Civil Law says that Res Privatorum si in aedem sacram depositae surreptae fuerint furti actionem non sacrilegii esse l. Div. ff ad leg jul pec yet among the Canonists it is communis opinio that furtum in loco sacro sacrilegium est And where the Canon Law speaks of Churches it says si qui deposita vel alia quaelihet exinde abstrahunt velut Sacrilegi Canonicae Sententiae subjaceant But every Offence done in the Church is not Sacriledge yet it is held that it is in the power of the Ecclesiastical Jurisdiction so to prohibit the doing of some certain things and actions in the Church that such as offend against the Prohibition shall be reputed Sacrilegions though the things in themselves are not Sacriledge The Canonists also do hold that the perverting of the Holy Scriptures to uphold maintain or confirm errors is gravissimum Sacrilegium Suarâ—z lib. 3. de Sacrilegio c. 7. nu 1 5. Notwithstanding what has been said Bartol defines Sacriledge to be the taking away or stealing some sacred thing out of some Publick sacred place this is most properly Sacriledge according to Bartol Bart. in l. Sacrilegii poenam ff ad Leg. Jul. Pcculat to which it may not be impertinent or superfluous to add cum animo furandi The Civil Law punish'd it with death Bart. ibid. alii D D. in dict L. Menoch de Arbit Jud. l. 2. Cent. 4. Cas 389. nu 2. So the Athenians put a Boy to death for stealing a Plate of Gold out of Diana's Temple which fell from her Gown Aelian lib. 5. de var. Hist cap. 16. Among the Grecians the Sacrilegious Persons were not to have the common humanity of a Grave but were cast out unburied Diod. Sicul. lib. 16. Biblio in 6. An. Philippi Philip King of Macedon in his holy Warr against the Pâ—ocenses having taken their General Onomarchus and routed their Army commanded the General to be hanged the rest to be drownd like Sarcrilegious persons Idem dict lib. anno 8. Philip. Alexander the Great in the Olympick Games caused it to be proclaimed by an Herauld that all Exiles and Banished persons except for Sacriledge and Murder should be permitted to return to their own Countrey Idem lib. 17. An. 9. Alexandri Gemist Plâ—tho lib. 2. de Gestis Graec. post pugnam Mantineam Pleminius Ambassador from Scipio to the Senate of Rome having robb'd the Treasure of Proserpina and being now nigh dead by a most searful and horrid kind of disease before he was brought to his Trial the Roman Senate notwithstanding condemned him in double the sum to Pr serpina Livius lib. 9. Bel. 2. Punic Valer. l. 1. cap. 2. Domitian when it was reported to him by the Flamens or Jupiters High Priests that one had erected a Monument for his Son with stones design'd for the Temple or Capitol commanded the Monument to be pulled down and demolished the Bones and Ashes of the Party to be cast into the Sea and the stones to be restored to the Temple Sueton. in Domitian cap. 8. Xenophon relates out of the Laws of the Athenians against Sacrilegious persons in these words viz. Judge O Athenians in this matter according to the law made against Sacrilegious persons and Traitors That if any hath committed Treason or Theft of things Sacred let him be adjudged to death and let Sentence be that be be not buryed in Athens and all his goods confiscate Xenoph. de lege Atheniens Another Law against Sacrilegious persons apud Constantinum Harmenopulum in haec verba Whoever steals any thing Sacred out of a Sacred place let him have his Eyes pluck'd out Const Harmen lib. 6. Prompt jur car 5. Gunctranus King of the Parisians and Galls with his Nobles and Bishops assembled on the Festival of Sumphorianus made a Law that their Armies or Soldiers should not on pain of death either on their March or on a Victory rush violently into any Churches or rob the same Greg. Turon lib. 8. Hist Franc. c. 30. Clearchus and Sitacles Soldiers under Alexander the Great being accused by his Army of robbing and spoiling Churches and removing antient Monuments were commanded to be put to death Orxines who succeeded Phrasaortes in the Kingdom of Persia being accused and convicted of robbing and wasting the Temples Churches and the Monuments of the Kings was by Alexanders command Crucified to death Arria lib. 6. in fin de expedit Alexan. The Law in some Cases doth leave the Penalty of Sacriledge Arbitrary especially where any Churches are notoriously and violently broken open and the Offerings or sacred Vessels thence stolen away by night in which case the Punishment is Capital and so practised in the kingdome of Naples Boerii Decis 254. nu 13. It is not the value of the thing stolen that causes this crime of Sacriledge to be so severely punished but because there is more of audacity and iniquity in this kind of Theft than of others of inferiour Circumstances and therefore Calistratus accused Menalopus that he had robd'd Templi Custodes Anglice Church-wardens and had thence stolen away three very small Vessels minimi ponderis yet even this was punished as Sacriledge of a very criminal nature Innumerable are the Presidents of this kind found among Historians to which might be added that of Famous or rather Infamous Remark touching Charls Martell King of France cujus animam says Tritemius visam deportari od Inferos quod multas Ecclesias spoliasset dum bellis inimicos persequeretur Tritem in Breviar Hist Franc. in fin 6. Touching Sacriledge as diversified in respect of Persons Places and other things Sacred the Canonists enumerate such kinds thereof as would seem very uncouth and strange for us to hear of in this Kingdom as the Constitution of the Ecclesiastical State thereof is now most Protestantly established they are therefore here purposely omitted The Penalties likewise inflicted on Sacrilegious persons vary according to Circumstances and as the kinds or degrets of the Sacriledge are and herein the Canon and the Civil Law have provided very different penalties which at the Canon Law are of one kind and at the Civil Law of another But according to the ancient Ecclesiastical Constitutions of this Realm Sacriledge of what kind soever regularly incurr's the penalty of Excommunication which admitts also of distinctions For as there is the greater and the lesser Excommunication so there is Excommunication ipso facto in Contradistinction to that which is only ipso jure also the Law even in this point
the Semi-Arrians prevail and determine That the Form of Faith composed at the Dedication at Antioch should be retained and subscribed unto but they ejected the dissenting Acatians or Arrians from their places At Constantinople where the Acatians remained after the Council at Seleucia were Assembled by them about 50 Bishops out of Bythinia and other adjacent parts In this Synod they confirmed the Sum of Faith read in the Council of Ariminum At Antioch in the 25 th year of Constantius his Reign another Council was Convened with design or ordering matters so that for the time to come no man should call the Son of God Consubstantial with the Father nor yet of a different substance from the Father but neither in this Council could the Arrians perfect their intended purpose of inventing a new Sum of Faith At Laodicea not that Laodicea nigh Antioch in Syria but at Laodicea the Metropolis of Phyrgia and one of the Seven Churches of Asia to which John in his Banishment wrote from Patmos At this Laedicea a Synod was assembled about the year 368. wherein nothing was determined concerning matters of Faith only the Worshipping of Angels was damned as an horrible Idolatry and a forsaking of Christ also the Books of the Canonical Scriptures were particularly set forth wherein no mention was made of the Books of the Machabees of Ecclesiasticus or other Apocryphal Books In Illyricum about the year 370 under the Emperours Valentinian and Valens not yet infected with the Arrian Heresie was held a Council wherein the Nicene Faith had confirmation and allowance At Lampsacum nigh the Hellespont under the Emperour Valens was a Synod of Macedonian Hereticks who ratified the Council of Seleucia and damned that of Constantinople by the Acatians At Rome under the Emperour Valentinian in the West Damasus Bishop of Rome Convened a Council wherein was confirmed the Nicene Faith At Constantinople in the year 383 under Theodosius the Emperour was a General Council held consisting of 150 Bishops whereof 36 were infected with the Macedonian Heresie which blasphemously held the Holy Ghost to be a Creature a Minister and Servant not Consubstantial with the Father and the Son From this Council the said Hereticks having withdrawn themselves they which remained in Council damned the Heresie of Macedonius and confirmed the Nicene Faith with ampliation of that part of the Symbol which concerned the Holy Ghost in this manner viz. I believe in the Holy Spirit our Lord Giver of life who proceedeth from the Father and with the Father and the Son is to be worshipped and glorified This Council was held under Gratian and Theodosius the Great and Damasus They condemned and discharged Macedonius Bishop of Constantinople for his perfidious opposing the Deity of the Holy Ghost together with Maximus Cynicus by reason of his Doctrine against Discipline The Emperour null'd all Confessions except that of those who acknowledged Christ Coessential with the Father which our present Liturgy retains under the name of the Nicene Creed It is thought that Gregory Nazianzen compiled it according to the sense of the Synod At Constantinople under Theodosius another Council was held whence a Synodick Letter was sent to the Bishops then Conven'd at Rome declaring the troubles they sustained by Hereticks and as to matters of Discipline recommended unto them the Canons of the Council of Nice At Constantinople in the Fifth year of Theodosius his Reign a great National Council was again Conven'd wherein the Hereticks were divided among themselves touching what Credit they should give in matters of Faith to the Fathers that preceded their time whereupon that good Emperour rent in pieces the Sums of the Arrian Eunomian and Macedonian Faith and Ordained the Homousian Faith only to take place At Carthage the Second Council was assembled under Theodosius nigh the time of the foresaid General Council held at Constantinople wherein the Nicene Faith was confirmed abstinence from Matrimonial Society with Infidels and Hereticks recommended to Ecclesiastical persons At Nice there was another Council An. 181. under Constantine which wholly restored the Images and Statues of Irene together with the Reliques formerly broken in pieces by Leo Isaurus his Grandfather and Constantine Copronymus his Great Grandfather the business being chiefly promoted by Gregory the Second and the Third together with Adrian the First and Tarasius Patriarch of Constantinople There met at this Council which is one of the Greek or Eastern Oecumenical Councils 350 Bishops who with the said Tarasius President of the said Council by 22 Canons condemned Image-breakers for Hereticks Bellarmine and Baronius imagine that this Synod was condemned by the Fathers at the Council of Franckfort under Charles the Great which yet is denied by Binnius Surius and others according to Longus pag. 632. At Carthage a Third Council was Assembled in the year 399 at which Augustine Bishop of Hippo was present wherein it was inter alia Ordained That the Bishop of Rome should be called the Bishop of the First Seat but not the High Priest or the Prince of Priests Likewise That nothing except the holy Canonical Scriptures should be read in Churches under the notion of Holy Books At Carthage a Fourth National Council was held under the Reign of Honorius about the year 401. consisting of 214 Bishops at which Augustine Bishop of Hippo was also present and wherein were nigh as many Canons made as were Bishops assembled wherein among other things it was Ordained That a Bishop should admit no man to a Spiritual Office without Advice of the Clergy nor pronounce any Sentence without such Advice That Refusers to pay unto the Church the Oblations of persons Deceased should be Excommunicated Whereby it appears That Oblationes Defunctorum were not Soul-Masses said for the Dead but Charity by way of Testamental Legacies At Cyprus under the Reigns of Arcadius and Honorius was Assembled a Council by Epiphanius And at Alexandria by Theophilus under pretence of damning the Books of Origen Also at Constantinople by the malice of Eudoxia the Wife of Arcadius the Emperour to depose John Chrysostome Bishop of Constantinople At Carthage about the year 419. a Fifth Council was held wherein the Opinions of Pelagius and Coelestius were damned as Heretical and whereby it was Declared That the Adoration of Reliques was at this time the Custome of Ethnicks and Appointed That Supplication should be made to the Emperours That such Reliques as were found in Images Groves and Trees or elsewhere should be abolished At Toledo in Spain under the Reigns of Arcadius and Honorius was a Council assembled for Confirmation of the Nicene Council and refutation of some Errors At Melevitum in Numidia was Assembled under the Reign of Arcadius a Council whereof St. Augustine was President which was Assembled chiefly to finish the work begun at the Fifth Council of Carthage in
Chancery the Sheriff came to the house but could not apprehend the parties B. finding the house empty entered peaceably S. made an Affidavit in B. R. that he was ousted by the Sheriff by force and B. put in possession the Court of B. R. thereupon granted a Writ of Restitution he having an Appeal depending of the Deprivation In this Case these points were resolved 1 That the Writ De vi Laica removenda is not returnable unless the Sheriff find the Force 2 That the Kings Bench cannot award Restitution upon an Affidavit but there ought to be a Return of the Writ of Vi Laica c. in the Chancery and upon Affidavit made there that the Sheriff by virtue of the Writ hath removed one and put another in possession Restitution is awardable 3 Resolved that upon a Deprivation by the High Commissioners no Appeal lieth because the Commission is grounded upon the Prerogative of the King in the Ecclesiastical Goverment and therefore the Commissioners being immediate from the King and possessing his person no Appeal lieth 4 Resolved That the Canons of the Church made by the Convocation and the King without Parliament shall bind in all matters Ecclesiastical as well as an Act of Parliament In the principal Case it was adjudged that until the Deprivation was repealed it stood good and so B. had good Title to the Church A Lease was made of a Rectory a Parson was presented to it and upon a supposition that he was held out by Force had a Vi Laica removenda upon which the Sheriff returned Non inveni vim Laicam nec potentiam armatam notwithstanding which Return upon Affidavit that he was kept out with Force a Writ of Restitution was awarded out of the Kings Bench. Yet in Zakars Case Coke Chief Justice said we are to judge upon a Record and not upon Affidavits in which Case he being deprived for Simony Richardson Serjeant moved the Court to have him restored again because as he urged it he was unlawfully removed The reason being that in a Vi Laica removenda whereby he was removed which Writ by F. N. B. and the Register comes to remove omnem vim Laicam he shews that the Sheriff did dispossess him and put another in the which he ought not to do and as Coke Chief Justice then said that in so doing he had done against the Law if he removes one and puts another in and Richardson Serjeant there cited Robinsons Case Hill 38. Eliz. where upon an Affidavit made that the Sheriff in a Vi Laica removenda had removed one and put another in there this was debated whether upon this shewed to the Court the first man removed should be restored again or not and there resolved by the whole Court the second man to be displaced again and the first to be restored and Coke said if a Justice of Peace remove a Force he cannot put another into possession 26. There is a Writ in the Register Quod Clerici non Eligantur in officium Ballivi c. For all Ecclesiastical persons in office are allowed certain priviledges by the Common Law in respect of their Function they are exempt from all personal charges which might any way hinder them in their calling as to be Chosen to the Office of Bayliff Beadle Reeve or the like in respect of their Lands to which end the said Writ is provided which doth recite that by the Common Law they ought not to be chosen to such offices aforesaid and commands that in case any Distress be taken or Amercement levied on any of them on that account that it shall be restored So the Stat. of Marleb cap. 10. That persons of Holy Church and persons Religious shall not be commpell'd to come to the Sheriffs Tourne or Leet and so also it is by the Common Law In Favour also of Holy Church the Law did anciently allow them Two other priviledges viz. Clergy and Abjuration In the Ninth year of the Reign of King James a question was moved whether after the Conviction of an Heretick before the Ordinary the Writ de Haeretico comburendo did at that day lie or not as to the Resolution of which question the Judges were then divided in opinion as appears in the Fortieth Chapter precedent § 7. what was then controverted is now decided by an Act of Parliament made in the 29 th year of his Majesties Reign wherehy it is enacted that the Writ commonly called Breve de Haeretico comburendo with all process and proceedings thereupon in order to the executing such Writ or following or depending thereupon and all punishment by death shall be from thenceforth utterly taken away and abolished 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS The Kings Supremacy Vld. Heyl. Cypr. Angl. p. 1. In his Cases of Conscience lib. 3. ch 3. fol. 544. Lib. 3. cap. 4. fol. 600. nu 4. Archbishops and Bishops a Spelm. in Archaeologo b Bed Eccl. Hist lib. cap. 1. 27. c D. Usserius in primord pag. 97. d Ammian Marc. lib. 14. e Philip. Berterius Pithanon Diatrib 1. c. 3. fin f Onuphr in Imperio Romana g Spartian in Severo vid. Burt. Com. in Anton. pag. 83 c. h Hist Angl. Script Antiq. Radulph Abbre Chron. Col. 435 436. i Beda l. 2. c. 3. k Bed lib. 2. cap. 9. It is Reported That Fridona a Saxon was the first English Archbishop and of the See of Canterbury in the Seventh Century about the year 656. Fuller Church-Hist Cent. 7. p. 84. nu 85. l Anonym qui de Archiepisc Ebor. scripsit An. 1460. m Harris descrip Britan. l. 1. c. 7. n Euseb Eccl Hist l. 10. c. 5. Pag. 9. See the Admir'd Selden ad Eutichii Origines pa. 122. Burt. Com on Antonin fo 81. o Herod Hist lib. 3. p C. de Reivindicat q Seld. Anaect Angl. Brit. ib. 1. cap. 7. r Ossilegium or the gleaning up of his Bones s Dio. Cassius Hist Rom. l. 76. Guardians of the Spiritualties Congé d'Eslire Election c. Radulph de Diceco Abbre Chronic. de Reg. Steph. R. Idem de Reg. R. 1. Chron. Gervas de Temp. R. 1. Hist Counc Trent lib. 8. Dict. Lib. 8. Deans and Chapters Archdeacons Procurations Diocesan Chancellors Courts Ecclesiastical Churches and Chappels pag. 169. a Claris Seld. illust in Polyol magni Poetae Angl. Cant. 8. b Guil. Stephanides Descript Lond. c Spartian Hist d Rad. de Diceto Abbr. Chron. e Hist Ri. Prioris Hagulstad de Gest R. Steph. f L. 5. Inae R. g Chron. Gâ—rvas de Temp. H. 2. h Chron. Jo. Brampton de LI. Edm. Reg. i Idem de Legib. Kâ—nuti Reg. Churchwardens Consolidation Dilapidations 1 Chro. 24. Suarez de Virt. Stâ—tu Religionis lib. 1. c. 28. nu 18. Patrons and Patronage Parsons and Parsonage Vicars Vicarages and Benefices Advowsons Appropriations Vid. G. Thorne in his chronicle De Reb. gestis Abbatum S. Augustin Cant. Commendams Lapse Collation and
Immunitatibus gaudeant quibus Milites Burgenses Parliamenti Ant. Brit. fo 284. nu 30. 6. The Jurisdiction of the Convocation in this Realm though relating to matters meerly Spiritual and Ecclesiastical yet is subordinate to the establish'd Laws of the Land it being Provided by the Statute of 25 H. 8. c. 19. That no Canons Constitutions or Ordinances shall be made or put in execution within this Realm by Authority of the Convocation of the Clergy repugnant to the Prerogative Royal or to the Customes Laws or Statutes of this Realm To the same effect was that of 9 Ed. 1. Rot. Parl. Memb. 6. Inhibitio Archiepiscopo omnibus Episcopis aliis Praelatis apud Lambeth Conventuris ne aliquid statuant in praejudicium Regis Coronam vel dignitatem For although the Archbishop and the Bishops and the rest of the Clergy of his Province Assembled in a Synod have power to make Constitutions in Spiritual things yet they ought to be Assembled by Authority of the King and to have as aforesaid his Royal Assent to their Constitutions which being had and obtained the Canons of the Church made by the Convocation and the King without Parliament shall bind in all matters Ecclesiastical as well as an Act of Parliament as was Resolved in Bird and Smiths Case Although the Saxons who founded and endowed most of our Churches and made many good Laws in reference to the Jurisdiction power and priviledges thereof yet the Royal Prerogative with the Laws and Customes of the Realm were ever so preserved as not to be invaded thereby King AEthelbert the first Saxon King King Ina AEthelstane Edmund Edgar and King Kanute all these made Laws in favour of the Church but none of them ever entrenched on the Prerogative of the Crown or on the Laws or Customes of the Realm nor any of those ancient Church-Laws ever made without the Supream Authority to ratifie and confirm the same 7. The Laws and Constitutions whereby the Ecclesiastical Government is supported and the Church of England governed are the General Canons made by General Councils also the Arbitria Sanctorum Patrum the Decrees of several Archbishops and Bishops the Ancient Constitutions made in our several Provincial Synods either by the Legates Otho and Othobon or by several Archbishops of Canterbury All which by the 25 H. 8. are in force in England so far as they are not repugnant to the Kings Prerogative the Laws and Customes of England Also the Canons made in Convocations of Later times as Primo Jacobi Regis and confirmed by his Regal Authority Also in some Statutes Enacted by Parliament touching Ecclesiastical affairs together with divers Customes not written but in use beyond the memory of Man and where these fail the Civil Law takes place Among the Britain Councils according to Bishop Prideaux his Synopsis of Councils Edit 5. those amongst the rest are of most remark viz. At Winchester in King Edgars time under Dunstane at Oxford by Stephen Langton Archbishop of Canterbury at Claringdon under King Henry the Second The Council under King Edward the 6 th in which the 39 Articles of the English Confession was concluded and confirmed The Synod under the same King from which we receive the English Liturgy which now we have composed by Seven Bishops and Four Doctors and confirmed by the publick consent of the Church which as also the said 39 Articles the succeeding Princes Queen Eliz. King James and King Charles ratified and commended to Posterity At London a Synod in which 141 Canons or Constitutions relating to the pious and peaceable Government of the Church presented to King James by the Synod and confirmed by his Regal Authority and at Perth in Scotland where were Articles concerning Administring the Sacrament to the Sick Private Baptism where Necessity requires Confirmation admitting Festivals Kneeling at the Receiving the Sacrament and an allowance of Venerable Customes But de Concil Britan. vid. D. Spelman The Ancient Canons of the Church and Provincial Constitutions of this Realm of England were according to Lindwood the Canonist who being Dean of the Arches compiled and explained the same in the time of King H. 6. made in this order or method and under these Archbishops of Canterbury viz. The Canons or Constitutions 1. Of Stephen Langton Cardinal Archbishop of Canterbury in the Council at Oxford in the year of our Lord 1222 who distinguish'd the Bible into Chapters 2. Of Otho Cardinal the Popes Legate in Anno 1236. on whose Constitutions John de Athon Dr. of Laws and one of the Canons of Lincoln did comment or gloss 3. Of Boniface Archbishop of Cant. 1260. 4. Of Othobon Cardinal of St. Adrian and Legate of the Apostolical Chair on whose Constitutions the said John de Athon did likewise Glossematize His Canons were made at London in Anno 1268. 5. Of John Peckham Archbishop of Canterbury at a Synod held at Reding An. 1279. 6. Of the same Peckham at a Synod held at Lambeth An. 1281. 7. Of Robert Winchelse Archbishop of Canterbury An. 1305. 8. Of Walter Reynold Archbishop of Canterbury at a Synod held at Oxford An. 1322. These Constitutions in some Books are ascribed to Simon Mepham but erroneously for the date of these Constitutions being An. 1322. the said Walter Reynold according to the Chronicle died in An. 1327. and was succeeded by Simon Mepham 9. Of Simon Mepham Archbishop of Cant. An. 1328. 10. Of John Stradford Archbishop An. 13 ... 11. Of Simon Islepe Archbishop An. 1362. 12. Of Simon Sudbury Archbishop An. 1378. 13. Of Tho. Arundel Archbishop at a Synod or Council held at Oxford An. 1408. 14. Of Henry Chichley Archbishop An. 1415. 15. Of Edmond Archbishop of Canterbury 16. Of Richard Archbishop of Canterbury The Dates of the Canons or Constitutions of these Two last Lindwood makes no mention by reason of the uncertainty thereof but withal says it is clear That Richard did immediately succeed the foresaid Stephen Langton and the said Edmond succeeded Richard Lindw de Poen c. ad haec infra in verb. Mimime admittatur If so then it was most probably Richard Wethershed who was Archbishop of Canterbury An. 1229. And St. Edmond Chancellor of Oxford who was Archbishop of Canterbury An. 1234. 8. Councils were either General or Oecumenical from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 whereunto Commissioners by the Emperours Authority were sent from all quarters of the World where Christ hath been preached Or National or Provincial or Particular by Bullenger called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 such were the Councils of Gangra Neo-caesarea and many others commonly Assembled by Patriarchs and Bishops in some particular place of a Countrey The ends of these Councils chiefly were either for the suppression of Heresies the decision of Controversies the appeasing of Schisms or the Ordaining of Canons and Constitutions for decency of Order in the Church Vid. AElfrici Canones ad Wulfinum Episcopum Can. 33. where it is said That there were Four Synods