The Court of the Arches Jt is called in Latin Curia de Arcubus which is the chiefest and ancientest Consistory that belongeth to the Arch-Bishop of Canterbury for the debating of Spiritual Causes So called of the Church in London where they sit and hold this Consistory called Bow-Church which is in Latin Arcuum Ecclesia and called Sancta Maria de Arcubus Which Church was dedicated to our Lady and had that Denomination at first of Bow-Church by reason of building of the top of the Steeple Bow-wise or Arch-wise like so many Bows bent The Judge of this Court is called Dean of the Arches because with this Officialty is commonly joyned a peculiar Jurisdiction of thirteen Parishes in London termed a Deanry being exempted from the Authority of the Bishop of London and belonging to the Arch-Bishop of Canterbury Of which the Parish of Bow is one and the chief because the Court is there kept 4. The Court of Audience The Court of Audience says Coke is kept by the Arch-Bishop in his Palace and medleth not with any matter between Party and Party of contentious Jurisdiction but dealeth with matters pro Formâ as Confirmations of Bishops Elections Consecrations and the like And with matters of Voluntary Jurisdictions as the granting of the Guardianship of the Spiritualties Sede Vacante of Bishops Admission and Institution of Benefices dispensing with Banes of Matrimony and such like 5. The Court of Faculties This Court belongeth to the Arch-Bishop And for the granting of Faculties there is under him an especial Officer called Magister ad Facultates The Master of the Faculties Now a Faculty in the Common Law is used for a Privilege or especial Power granted unto a Man by Favour Indulgence and Dispensation to do that which by the Common Law he cannot do As to eat Flesh upon days prohibited to marry without Banes first asked to hold two or more Ecclesiastical Livings the Son to succeed the Father in a Benefice and such like 6. The Court of Peculiars The Arch-Bishop of Canterbury hath a Peculiar Jurisdiction in divers Parishes within the City of London and other Diocesses c. 7. The Consistory Courts of the Arch-Bishops and Bishops Consistory says one is the Counsel-House of Ecclesiastical Persons and it is a word borrowed of the Italians 〈…〉 f. 338. or rather the Lombards and signifies as much as Tribunal It is Vocabulum utriusque Juris and is used for the place of Justice in the Courts Christian or Spiritual The Consistory Court of every Arch-Bishop and Bishop in every Diocess in Ecclesiastical Causes is holden before his Chancellor or before his Commissary in places of the Diocess far remote and distant from the Bishop's Consistory so as the Chancellor cannot call them to the Consistory without great Travels and Vexation And he is called Commissarius Foraneus From these the Appeal is to the Arch-Bishop of either Province respectively Official Note Officialis in the Canon Law is especially taken for him to whom any Bishop doth generally commit the Charge of his Spiritual Jurisdiction And in this sence one in every Diocess is Officialis Principalis whom the Statutes and Laws of this Kingdom call Chancellor 32. H. 8. c. 15. The rest if there be more are by the Canon Law called Officiales Foranci but with us are termed Commissaries 8. The Court of the Arch-Deacon or his Commissary This Court is to be holden where and in what places the Arch-Deacon by Prescription or Composition hath Jurisdiction in Spiritual Causes within his Arch-Deaconry And from him the Appeal is to the Diocesan He is called Oculus Episcopi 9. The Court of Delegates This Court is so vulgarly called because these Delegates do sit by force of the King's Commission under the Great Seal upon an Appeal to the King in the Court of Chancery in these Causes 1. When a Sentence is given in any Ecclesiastical Cause by the Arch-Bishop and his Official 2. When any Sentence is given in any Ecclesiastical Cause in places exempt 10. The Court of the Commissioners of Review Ad Revidendum Albeit the Acts of 24. H. 8. c. 12. and 25. H. 8. c. 19. do upon certain Appeals make the Sentence definitive as to any Appeal yet the King after such a definitive Sentence as Supreme may grant a Commission of Review ad Revidendum C. 4. Inst 341. And so it was resolved in the King's Bench. Trin. 39. Eliz. Hollingworth's Case Thus much may suffice to have been spoken concerning the Episcopal or Ecclesiastical Courts I proceed to the Sixth Particularity 6. By whom only Bishops are commanded to certifie IT is to be known that none but the King's Courts of Record Co. Litt. 〈…〉 4. 〈…〉 10◠〈◊〉 2. 〈…〉 325. as the Court of Common Pleas the King's Bench Justices of Goal-Delivery and the like can write to the Bishop to certifie Bastardy Mulierty Loyalty of Matrimony and the like Ecclesiastical Matters For 't is a Rule in Law that none but the King can write to the Bishop to certifie and therefore no inferior Court as London Norwich York or any other Corporation can write to the Bishop to certifie but in those Cases the Plea must be removed into the Court of Common Pleas and that Court must write to the Bishop and then remand the Record again And this was done in respect of the Honour and Reverence which the Law gave to the Bishop being an Ecclesiastical Judge and a Lord of Parliament by reason of the Barony which every Bishop hath And this was the reason a Quare Impedit did lie of a Church in Wales in the County next adjoyning for that the Lordships Marchers could not write to the Bishop neither shall Cognizance be granted in a Quare Impedit because the Inferior Court cannot write to the Bishop And herewith agreeth Antiquity Nullus alius praeter Regem potest Episcopo demandare inquisitionem faciendam Bracton 7. Bishops Proceedings in Ecclesiastical Courts under the Name Style Seal of the Bishops how warrantable At the Session of Parliament holden Anno 4 o. Jac. Co. 2. I◠〈…〉 685 686. 〈◊〉 Lib. 12 〈◊〉 upon a Branch of an Act made at the first Session in the first Year of King James his Reign for Continuance and Reviving divers Statutes it was enacted that an Act made in the first Year of Queen Mary Stat. 2. c. 2. entituled An Act for Repeal of certain Statutes made in the time of King Edward the sixth should stand repealed and void A doubt was moved concerning the Bishops which was divided into two Questions 1. Whether any Bishop made especially since the first day of that first Session of Parliament were lawful or no 2. Whether the Proceedings in the Bishops or other Ecclesiastical Courts being made under the Name Style and Seal of the Bishops were warranted by Law And the reason of these two Doubts was this By the Statute of 1 E. 6 c. 2. it was enacted that Bishops should not be Elective
as before that time they had been but Donative by the King's Letters Patents Secondly By the said Act is provided that all Summons Citations and Process in Ecclesiastical Courts should be made in the Name and Style of the King and that their Process should be sealed with a Seal of the King's Arms c. And it was strongly urged that this Act of the first of Edward the Sixth was now in force and consequently all Bishops made at the least since it became of force by Election c. and not by Donation according to the said Act of the first of Edward the Sixth are unlawful and all their Process Proceedings being in their own Names Styles and Seals where by the said Act they ought to have been in the King's Name and under his Seal were all unlawful and void And to prove that the said Act of Ann. 1. Ed. 6. was now in force they alledged that this Act of the first of Edward the Sixth was repealed by the said Act of the first of Mary above mentioned which Act of Repeal being repealed by the said Branch of the first of Jacobus consequently the said Act of the first of Edward the Sixth was thereby revived For when an Act of Repeal is repealed the first Act that was repealed is revived and herewith agreeth the Book-Case in the fifteenth of Edward the Third Tit. Petition Pl. 2. And this is true and cannot be denied The King having understanding hereof and being informed of the Consequents thereof being matters tending not only to the infinite prejudice of his Subjects in Cases of great Importance especially if any Diocess had no Lawful Bishop or Ordinary but to the scandal and impeachment of his Majesty's Justice not only in those Proceedings but also in Administration of Justice in certain Cases in his Courts of Common Law at Westminster commanded his two Chief Justices to consider of the said Objections and to inform him of the true State thereof that either the scruple conceived might be cleared and satisfied or the Inconvenience if any were timely provided for and prevented who upon timely consideration had of the said Objection agreed the Law to be as the said Case was put as it had been taken But upon further search and consideration had other manifest and direct matters were found to satisfie and clear the said scruple and question which afterwards was agreed and resolved accordingly by the Chief Baron and other Judges then attending in the Upper House of Parliament For the understanding whereof it is to be observed that the said Act of the first of Edward the Sixth was repealed by three several Acts of Parliament viz. 1. By the said Statute of Ann. 1. Mar. in the whole 2. By the Act of 1. 2. Ph. Mar. c. 8. by sufficient words as concerning the Name Style and Seal of their Process c. And Lastly By the Statute of 1. Eliz. c. 1. the whole Act of 1. E. 6. is also repealed For Leges posteriores priores contrarias abbrogant And as a Man that is strongly bound with three Cords or Ligaments albeit one or two of them be untied or cut asunder remains bound notwithstanding by and with the second or third which remain firm and untouched so a Statute repealed by force of three several Acts remains repealed so long as any of them remain in force albeit one or two of them be made void And therefore although the Act of 1. Mar. be repealed by 1. Jac. yet the other two Acts remaining in force the Act of Ann. Prim. E. 6. remains repealed First therefore As to the Name Style and Seal c. in Ecclesiastical Courts it is enacted by the 1. 2. Ph. Mar. c. 8. in these words And the Ecclesiastical Jurisdiction of the Arch-Bishops Bishops and Ordinaries to be in the same state for Process of Suits punishment of Crimes and Execution of Censures of the Church with knowledge of Causes belonging to the same and as large in those points as the said Jurisdiction was in Ann. 20. H. 8. By which Clause if the Act of Repeal of 1. Mar. now repealed had never been made the Act of 1. E. 6. as to the Name Style and Seal in Ecclesiastical Proceedings had been repealed by this latter Act of 1. 2. Ph. Mar. Secondly But it was objected that the Act of 1. 2. Ph. Mar. which is the second Cord or Ligament is repealed by the Act of 1. Eliz. c. 1. To this it was answered and resolved that this second Cord or Ligament remains in force for true it is that the Act of 1. Eliz. repeals the Act of 1. 2. Ph. Mar. Secundum quid but not Simpliciter for the Act of 1. Eliz. doth repeal every Branch and Article of 1. 2. Ph. Mar. other than for such Branches as therein be excepted And afterwards by another Branch of the said Act of 1. Eliz. it is enacted that all other Laws and Statutes repealed and made void by the said Act of 1. 2. of Ph. Mar. and not in that Act specially mentioned and revived should stand remain and be repealed and void as the same were before the making of that Act. But that Act of 1. Ed. 6. as it hath been often said is sufficiently repealed by the Act of 1. 2. Ph. Mar. as to the Name Style and Seal c. and the Act of 1. Ed. 6. is not specially mentioned and revived by the Act of 1. Eliz. so the same remain repealed by the Act of 1. 2. Ph. Mar. Thirdly The third Act which clearly repeals and annuls the Act of 1 Ed. 6. as well for the making and constituting Bishops as for the Name Style and Seal of Process is the Act of 1. Eliz. c. 1. for that Act doth revive the Act of 25. H. 8. c. 20. and further enacteth that the same shall stand in full force and effect to all intents Constitutions and Purposes By which Act of 25. H. 8. it is enacted as followeth And that of every Avoidance of any Arch-Bishoprick or Bishoprick the Kinâ— his Heirs and Successors may grant to the Prior and Covent or to the Dean and Chapter a License under the Great Seal as of old time hath been accustomed to proceed to an Election of an Arch-Bishop or Bishop with a Letter Missive containing the Name of the Person which they shall elect and chuse c. And according to this Statute revived by Ann. 1. Eliz. all Arch-Bishops and Bishops at this day be made and if they were made according to the Act of 1. E. 6. they were unlawful And further it is enacted by the said Act of 25 H. 8. That every Person chosen elected invested and consecrated Arch-Bishop or Bishop according to the form and effect of this Act c. shall do and execute in every thing and things touching the same as any Arch-Bishop or Bishop of this Realm c. might at any time heretofore
Henry the Eighth as Chester and Bristow c. there the Chapters are also new There is a great Diversity between the coming in of the Antient Deans and the New For the Antient come in in much like sort as Bishops do For they are chosen by the Chapiter by a Cogue de Eslier as Bishops be and the King giving his Royal Assent they are confirmed by the Bishop But they which are either newly translated or founded are Donative and by the King's Letters Patents are installed Note The Word Dean is also applied to divers that are the Chief of certain peculiar Churches or Chappels As The Dean of the Ring 's Chappel The Dean of the Arches The Dean of St. Georges Chappel in Windsor The Dean of Bocking in Essex The Corporation consisting of Dean and Chapter they may joyntly purchase Lands and Tenements to the use of their Church and Successors And every one severally likewise may purchase to the use of himself and his Heirs Grants at this day Co. Lic 342. a. made by a Dean and Chapter or any other having any Spiritual or Ecclesiastical Living are restrained by Act of Parliament so as they cannot grant any Rent-Charge or make any Alienation or any Leases to bind their Successors other than for Term of twenty one Years or three Lives in Possession whereupon the accustomed Rent or more shall be reserved 2. Arch-Deacons Arch-Deacons in Latine Archi-Deacanus and in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ex 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Princeps 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Minister is styled Oculus Episcopi Whose Court is to be holden as is said before where and in what places he either by Prescription or Composition hath Jurisdiction in Spiritual Causes within his Arch-Deaconry And from him the Appeal is to be Diocesan It has been resolved Hobart 's Reports Hutton 's Case that if a Suit be before an Arch-Deacon whereof by the Statute of the twenty third of Henry the Eighth the Ordinary may license the Suit to an higher Court that the Arch-Deacon cannot in such Case bawlk his Ordinary and send the Cause immediately into the Arches For he hath no power to give a Court but to remit his own Court and to leave it to the next For since his Power was derived from the Bishop to whom he is subordinate he must yield it to him of whom he received it And it was said that so it had been ruled heretofore 2. Of a Spiritual Administration with a Cure UNder this Form I place Parsons and Vicars 1. Parsons Parson in Legal Signification is taken for the Rector of a Church Parochial and is called Persona Ecclesiae because he assumeth and taketh upon him the Parson of the Church and is said to be siezed in Jure Ecclesiae And the Law had an excellent end herein viz. That in his Person the Church might sue for and defend her Right and also be sued by any that had an elder and better Right And when the Church is full it is said to be Plena Consulta of such a one Parson thereof that is full and provided of a Parson that may Vicem seu personam ejus gerere Persona Impersonata Parson Impersonate Co. Lit. 300. b. is the Rector that is in Possession of the Church Parochial be it Presentative or Impropriate and of whom the Church is full To every Church-Presentative there is a Patron and it is he that hath the Advowson of a Parsonage belonging to his Mannour or otherwise in Gross and thereby may or ought to give the same Benefice or present thereto when and as often as it falleth void And that is in case of Death Resignation Deprivation or Session as by taking a Benefice incompatible And this being Patron had beginning for the most part by one of these three ways namely Either by reason of the Foundation for that the Patron or his Ancestors Co. Lit. 119. b. or those from whom he claims were Founders or Builders of the Church Or By reason of Donation for that they did endow or give Lands to the same for maintenance thereof Or else By reason of the Ground because the Church was set or builded upon their Soil And many times by reason of them all three 2. Vicars For the beginning of Vicaridges the difference betwixt a Vicaridge and an Advowson and the several sorts of Vicaridges I refer my Reader to Davy's Reports f. 83. a. Cro. 2. p. s 518. and I shall only give him some little Information concerning Vicaridges by shewing him somewhat of Impropriations Impropriations or Appropriations were says my Author when those Houses of the Romish Religion and those Religious Persons as Abbots Priors and such like had the Advowson of any Parsonage to them and to their Successors and obtained License of the Pope and of the Ordinary and King that they themselves and their Successors from thenceforth should be Parsons there and that it shall be from thenceforth a Vicaridge and that the Vicar should serve the Cure And so at the beginning Appropriations were made only to those Persons Spiritual that could administer the Sacraments and say Divine Service As Abbots Priors Deans and such like After by little and little they were enlarged and made to others As namely to a Dean and Chapter which is a Body Corporate consisting of many which Body together could not say Divine Service And which was more To Nuns that were Prioresses of some Nunnery which was a wicked thing In so much as they could neither administer Sacraments nor preach nor say Divine Service to the Parishioners And all this was for pretence of Hospitality and maintenance thereof And to supply these defects a Vicar was devised who should be Deputy to the Priors or to the Dean and Chapter and also at the last to the said Abbots and others to say Divine Service and should have for his labour but a little Portion and they to whom the Appropriations were made should retain the greater Revenues and they did nothing for it By means whereof Hospitality decayed in the place where it ought to have been chiefly maintained namely in the Parish where the Benefice was and where the Profits did grow And so it continues to this day to the great hinderance of Learning to the Impoverishment of the Ministery and to the Infamy of the Gospel and Professors thereof To this Learning of Impropriations I shall add the very words of him that was the Glory of his Age and Nation In mine Opinion Lord Bacon and Sense says he I must confess let me speak it with Reverence that all the Parliaments since the twenty seventh and thirty first of Henry the Eighth who gave away Impropriations from the Church seem to me to stand in a sort obnoxious and obliged to God in Conscience to do somewhat for the Church to reduce the Patrimony thereof to a Competency For since they have debarred Christs Wife of a great part of her Dowry