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A93865 An historical discourse, briefly setting forth the nature of procurations, and how they were anciently paid, with the reason of their payment; and somewhat also of synodals and pentecostals: with an appendix in answer to an opposer. By J.S. J. S. John Stephens. 1661 (1661) Wing S5448; Thomason E1057_9; ESTC R34604 60,663 159

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the same time Offerings have bin anciently brought as before is mentioned this custome of Pentecostall Offerings may in some probability have its original derivation thence And in this guess Gulielmus Durandus runs along thus far in agreement with me Ritus igitur saith he Synagogae transivit in Religionē Ecclesiae sacrificia carnalis populi mutata sunt in observantiam populi spiritualis Durand Rationale divinorum Offic. l. 4. c. 30. Numb 34. Thus he writing about the offerings of the old Law And surely it is not vainly conceived the Jews might be the Authors of this Custome Nor needs any man to be ashamed to follow their steps in so good an example though the worst of men Gens sceleratissima Aug de Civit. Dei● 6. ca. 11. Synes in Epist Epist 4. as St. Augustine out of Seneca 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as Synesius pleaseth to stile them But to come back to our business To the principall Mother-Churches then these Oblations were especially made and being thither brought the Bishops as before is set forth and declared had them solely to dispose of as whatsoever else were offered in or brought unto other Baptismal and Parochial Churches 16. q. 1. c. Statuimas yea and Chappels too for in such also Oblations were made consentiente Episcopo not otherwise came within the compass of his distribution So I find that Eugenius the Third did by his Dipl●ma or Letters Patents grant the fourth part of the offerings made upon the greater Altar of the church of St. Peter in Rome Baron annal ad ann Chr. 1153. to the Archpriest and Canons of the same church This of the Bishop of Rome 12. q. 3. c. Episcopus And that the Bishops elsewhere did or might doe the same I see no cause to doubt though the Pope whose power and authority in this Kingdome and elsewhere was once so great as being forsooth Caput omnium Pontificum a quo illi tanquam à capite membra descendunt as Durandus overlasheth Durand Ratioona● de min●str ordin Eccl. l. 1. fol. 31. and as having within the compass and limits of his jurisdiction above an hundred and twenty Archbishopricks and above a thousand Bishopricks as Stapleton vaunts Stapleton de Magnitud Rom. Eccl. l. 1. c. 3. did ex plenitudine potestatis sometimes interpose and order and dispose things in the Church according to his own will giving to this body or that member as he saw cause but ever to the Clergy to whom and to those uses before expressed by the Canon Law these Offerings were and are only due and otherwise interdicted to the Laity sub districtione Anathematis 10. q. 1. c. Quia Sa●erdo●es e. Sanct. Patrumibi And hence it may be that in some places the Deans and Praebendaries of Cathedral Churches have them In other places Praebends are founded upon them to instance two if credible report deceive me not in the Cathedral Church of Salisbury a greater and a lesse distinguished and known by this difference of Major Minor pars Altaris And in some Dioeceses again they are settled upon the Bishop and Archdeacon and made part of their Revenue for which the King hath Tenths and Subsidies An instance hereof The Cathedrall or mothrr Church of Worcester was anciently before the dissolution a Priory and among other Revenues belonging to the same Church it had those Pentecostalia or Whitsun-farthings yearly brought unto it under the name of Oblations or spirituall profits tempore Pentecostes And after the Dissolution when King Henry the eighth about the 33 year of his reign did found anew and reendow the said Church he returned these Pentecostalia after he had kept them about a year in his own hands in express terms back again to the said Church which the Dean and Prebendaries there receive unto this day as I am informed and appeareth due by the * Henricus Octavus c. Sciatis quod nos de gratia nostra speciall ac ex certa scientia ac me●o motu nostris dedimus concessimus ac per praesentes damus concedimus Decano Capitulo Ecclesiae cathedralis Christi beatae Mariae Virginis Wigorn omnes illas Oblationes Obventiones sive spiritualia p●oficua vulgariter vocat Whitsun-farthings annuatim collect sive recepta de diversis villatis in Comitat nostris Wigorn. Warwic Heref. infra Archidiaconatum Wigorn. tempore Pentecost oblata dicto nuper Prioratui b●atae Mariae Wigorn. modò dissolut dudum spectan pertinen c. Ex Arch●v●s Decani Capit. Wigorn. Letters Patents But in Gloucester it is otherwise for there the Bishop and Archdeacon only receive them neither can the Dean and Prebendaries that now are of the Cathedral nor could the Abbat Monks of that Church before them ever make just claim to them For before the suppression these Pentecostals inter alia were valued to the Archdeacon in the Kings books as part of the revenue of the Archdeaconry even when Procurations and Synodals were and for ought I know to the Bishop too but I leave that to the Record and would here end But as he that after a long night desires to behold the appearance of the morning Sun so my self not yet sufficiently satisfied with what hath been formerly produced in this obscure passage and desirous vel in minutioribus to behold the brightness of truth then which nothing can be more desireable Upon the apprehension of some conceived light beginning to discover it self in this particular 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Euripid. in Phoeniss Hope to finde gives me encouragement and makes me yet eager to seek Fabianus a certain Bishop moves two questions to Pope Gelacius which as I conceive doe somewhat concern our present business The former of the two was 10. q. 3. c. Nec numerus Gloss 161. Whether a Bishop might require pro Cathedratico ultra antiquam consuetudinem To this the Pope answereth no he might not And the later was this What part of Oblations he ought to receive And the Pope refers him to the Custome observed in other Churches whether a moytie or third part Not the moity or third part generally of all the Oblations made that questionless is not the question in this place but only of such as were brought in Polydor. Virg. de Invent. ●erum l. 6. c. 8. 18 q. 2. c. Fleutherius ●e consec● Distinct 1. c. Slennit Dedicat●onum in die ann●versariae dedicationis for this solemnity was annual and all upon that day vicatim made holy day as Polydor hath it vel alterius solennitatis as the Bishop and Founder or Priest did covenant and agree at the time of the Dedication of that Church so the Gloss explains the Case And surely this is it that Hostiensis specially aims at if I mistake not when writing of the time of the imposition of Church Censes he thus saith That their imposition was
consuetudinem Episcopalem quandoque Synodalia quandoque Denarios Paschales appellantes The Archdeacons and Deans the rather as it should seem to obtain their unjust demands shrowded them under such specious Titles of dues as they knew were currantly warrantable and would not be denyed This I take the sense to be And admit it comes not off so clear but that some dregs of prejudice in respect of the Exactors might in some sort obscure the equity of this Synodal demand yet this I hold to be a clear truth that as the abuse of a thing ought not to take away or abolish a necessary or convenient use so neither can or ought any unjust receipt impeach or make void a just demand For it will be granted I suppose that no Archdeacon or Dean hath right of claim Jure communi Ecclesiastico to the Synodal payment but only by composition with or prescription from the Bishop so that if under colour and pretence of such right the Archdeacon or Dean shall require Synodalia as a due by Law peculiar appropriate to themselves it may wel be accounted extortion in them which bonâ fide by them demanded in the right of the Bishop or in their own names and right by lawfull prescribed custome from the Bishop would be a just demand so that hence I conclude there is Synodale a payment and that Pope Alexanders reprehensive Epistle as to the equity of that due to be in no particular repugnant or contradictory But I will stay no longer upon this point let the judicious Reader examine the place and satisfie himself I proceed This Synodal and Synodical due had antiently two other names whereby it was known and distinguished which time hath now worn out from common use The one imposed from the original cause and reason of the pay being ob honorem Cathedrae Episcopalis and so termed CATHEDRATICUM The other assuming a name from its time of payment and is called Synodaticum both one and the same thing excepting the nominal difference and so are they taken in the Law being found ofttimes to go together 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the one expounding the meaning of the other Instance hereof I shall not need to insist upon in this place as a matter of principall proof but pass it over intending in the solution and answers to certain questions following ex incidenti to speak something of it The questions are I. What this payment couched under the terms of Cathedraticum and Synodaticum anciently was II. The reason why payd III. The time when it was first imposed IV. The time when it was usually paid V. How and by what Law it came to be imposed upon the Church and paid by the Clergie VI. and lastly What relative neerness our Synodale now hath unto this antient Cathedraticum To each of these questions a brief solution I begin with the first namely What this Cathedratick payment was and to this I answer That as well by the Acts of certain Councels before mentioned to wit Bracar and Toledo as by the Constitutions and Rescripts of Popes Cathedraticum appears to be a cense or summe of money of two shillings payd to the Bishop by the inferiour Clergy Illud te volumus modis omnibus custodire ne qui Episcoporum Siciliae de Parochiis ad se pertinentibus nomine Cathedratici amplius quàm duos solidos praesumant accipere 10. q. 3. c. Illud c. placuit ibi c. inter caetera eod 1. Thus Pope Pelagius to Cresconius the Illustrious So in a difference that fell out bewteen the Bishop of Ascisi Assisinatin the Decreatals read which Ortelius from Leander gathers to be Assisi a Town within the confines of Vmbria in Italy and the Governour of St. Benet not farre from thence about Episcopal rights Honorius the third Ext. de officico Judicis Ordinarii c. conquerent Gloss ibid. in v. Duos selidos upon complaint made unto him against the Bishop sets down what dues and duties did of right appertain unto the Bishop from the Churches and Chappels belonging unto the said Monastery and amongst the rest expresseth seth Two shillings nomine Cathedratici which is a Pension payd to the Bishop à qualibet Ecclesiâ socundum loci consuetudinem Abb. c. conquerent de officio Judicis Ordinarii as Panormitan upon the Text there Two shilings then was the usuall summe payd but why payd the reason is yet to render Hostiensis answers to it and saith II. Hostiens insum de Censibus §. Ex quibus ver Cathedraticum autem that it was payd in argumentum subjectionis ob honorem Cathedrae so he And the Councel of Bracar cited in the Decree Placuit ut nullus Episcoporum per suas Dioeceses ambulans praeter honorem Cathedrae suae id est 10. q. 3. c. Placuit Duos solidos aliud aliquid per Ecclesias tollat Thus there for honour then of the Episcopall Chair and in token and argument of subjection to the Bishop was this sum anciently payd And no marvel if we rightly weigh the dignity of his person the amplitude of his power and the great authority that he had in former dayes For considered first jure ordinis Ext. de Religiosi● Domibus c. Constitutos he had the Ordination of Clerks Consecration of Altars and Churches with such like Prerogatives Secondly considered respectu * 10. q. 1. in casu jurisdictionis and so he had the power of correcting and excommunicating yea unto him belonged Institution and Destitution of Clerks in a word the jurisdiction of all causes by Law appertaining ad forum Ecclesiasticum Ext. de Officio Judicis O●dmarii c. Conqu●rent Lastly considered with respect to the power that he had Lege Dioecesana as he was the a 10. q. 1. in casa Dioecesan and so he had Jus Census Cathedraticum exigendi to leave other Priviledges unnamed and Jus imponendi too as b Hostiens de censibus §. Quis imponere potest Duaren de sacris Eccl. ministeriis b neficiis l. 7. c. 5. Hostiensis adds which shews that the Bishop in time past was to say no more 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But Duarenus explains the reason of this payment a little further for thus he writes Dicitur hoc jus vulgo Cathedraticum quod Cathedrae id est honori Episcopali debeatur Cathedra enim in jure Pontificio pro honore ac munere Episcopali saepe accipitur propterea quòd olim Episcopi quorum munus prop●ium ac praecipium est docere sedent●s in solio Cathedra docebant Thus he which shall be the close of my answer to the second question The third follows to wit The time when is was first imposed To this question I bring Duarenus again whose words I will here set down Postquam saith he reditus Ecclesiae qui antiquitùs erant communes Duaren ut supra l. 2. c. 1. fol. 53. ab