that without respect unto such Act of Visiting no demand of that nature can be in Conscience warranted or payment by Law enforced and therefore Arch-deacons to be excluded in the years of Episcopall Visitations Upon this mistaken ground for so I take it suits have formerly been commenced and much time and money spent and yet the point remains unsatisfied the Clergy most of them paying this due whilest the same was payable to the Arch-deacon especially in the Lordbishops Triennials with a kind of reluctancy mixta voluntate as I may say and many desiring 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a time to deliberate The ttuth is and I finde it so That payments how necessary and just so ever yet are they not at all times pleasing to those upon whose shoulders they lie they being of such a nature as to the nature of man is unpleasing to wit burthensome mainly opposing the principall object of the natural desire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Theogn sent namely Ease and Liberty They are in the Law called Onera and by so much the more Onerosa burdenous and unpleasing they are by how much the more the reason to evidence the true ground and originall cause of them is unknown to some that pay To lighten therefore this Load what I may and for the ease of such as being pressed with the burden of their Ministerial functions and Ecclesiasticall imployments their thoughts busied and their Studies taken up and conversant in the Sphere of higher speculations have not leisure to look into things that move in a more inferiour Orb I have put my self forward but to speak truth actus egâ— to search into the nature of some of those Church-payments and dues Ecclesiasticall namely Procurations Synodals and Pentecostals and have endeavored to find and discover the true reason of their pay begun so long agoe in the Church and continued to this day which how far forth I have performed in this little Tract I leave to the judgement of the judicious Reader Euripid. in He raclid pa. 287. reflecting upon my selfe and seriously wishing in this particular taske what the servant in Euripides wished to old Iolaus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 saith hee that I also were as able to perform as I have been willing to undertake the same however I proceed and begin with Procurations In the handling of which point I shall necessarily fall upon the severall enquiries following namely First 1 What a Procuration is Whence so called And how And in what manner it was anciently paid 2 Whether due ratione Visitationis 3 Whether only so due and no otherwise Concerning the first we have two things to consider of to wit the quid nominis and the quid rei For the quid nominis I have not found much written somwhat I have That the word hath its derivation a Procurando there is no doubt of that but procuring what there is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Whether it should be for procuring the Visitor to come to each particular Church in his own person and to Visit Ecclesiatim 10 q. 1. c. Eâ—i câ—pum E. concil Toletan 4. ca. 35. per cunctas Dioeceses parochiasque suas which was the ancient custome Or from procuring of him to come to a certain place in severall Divisions or Deaneries where the Clergy within the said distinct Deaneries were to give meeting as now they doe they being overcharged with his coming home to them each man may please himselfe with his own opinion For my part I cannot satisfie my self with either of them My reason against the former is Visitation is a principall duty that belongs unto every Bishop derived from the Apostles who were Visitors Act. 15. Act. 16. and did pertransire Ecclesias Vrbes it sticks in his very name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which comes from a word that signifies to Visit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 * So also from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to visit comes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Bishop and is frequently used in that sense not only in the Scripture but also by Ecclesiasticall and Prophane Authors obvious every where to be met withall Episcopus debâ—t visitate singulis annis Parochiam nisi dimittat propter gravamen EcclesiaruÌ„ tunc mittat Archidiaconum c. Ab. Sic. suâ—er 2.1 de Ossiâ— Archid c. ut Archidiaconus 10. q. 1. c. Decrevimus c. Episcâ—pum 2 Coke 15. D. Spelman Concil pa. 238. Now to procure the Visitor by way of stipulation and contract to doe that which by his calling and place either in his own person or by others himself being hindred he ought to doe is a plain 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and stands with no reason or congruity if I may judge And as weakly built if I mistake not is the other opinion to wit That Procurations should have their denomination from pocuring the Visitor to come to a certain place in every Deanery or Division whereas it is evidently manifest Ext. de Censibus c. Cum Apostolus c. Foe icis recordationis eod in 6. that the word Procuration was then used when the Visitor visited Ecclesiatim as may be seen in divers Chapters in the Canon-Law Another reason then is to be sought for to give the word its true genuine interpretation as it relates to the present businesse and that is not from procuring the Visitor by way of contract to come no but from procuring of victuals for him and his attendants when they come in Visitation Thus it was and this indeed comes neer unto the nature of the word Procurare which among other significations it hath signifieth to nourish and to make provision in diet for Duaâ—en de sacris Eccl. Minister Benefic l. 7. c. 5. Hoc autem munus ideo Procuratio vocatur quia Ecclesiae Episcopum Procurant id est Curant alunt ac tuentur sicut pueri dicuntur Procurari a Nutricthus equus a Domino apud Plautum alâ—os Authores Latinos qui propriè emendatè locuti sunt Thus Duarenus But here now comes a Cloud in our way that must be a little cleer'd before I goe farther lest I should hold the Reader the Reader I say unversed in this study too long in a mist of suspense And objection may be made thus Were victuals antiently the Visitors pay for and in respect of Visitation why then doth the second Councell Concil Bracar 11. Can 2. Concil Toletanum 7. Con. 3. held at Bracar above a thousand yeares agoe and the seventh Councell held at Toledo in Spayn a little after expresly forbid by their Canons That no Bishop per suam Diocesim ambulans should receive ought from the several Churches within his Dioces Praeter honorem Cathedrae suae that is to say two shillings 10. q. 3. ca. inter caetera â—bi glossa in câ—su To this I answer out of the Glosse upon the Decree where the Canon of the seventh Councell at Toledo is recited
is a Synod out of divers Nations National out of divers Provinces Provincial out of divers Diocess Diocesan out of one Diocess only The Oecumenical and National Synods were ever assembled by authority Imperial Regal or Papal The Provincial by Metropolitans or Patriarchs The Diocesan by the Bishop of the Dioces I recite them briefly for to make a long Narration or Story of the manner of assembling order of session and form of proceeding observed in each particular Synod were to trifle out the time and to waste Paper yea overmuch to trespass upon the patience as I fear I have already done of the judioious reader especially in this place where the discourse upon that subject can be little else then a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a work by the by as we vulgarly say Duarenus will briefly satisfie such as desire information in the point of Synods Duarenus unto whom l. 1. c. 11. of his book de sacris Ecclesiae ministeriis beneficiis I referre them This only I would intimate and I will doe but little more then so reserving a few words for Diocesan Synods only how carefull and how circumspect religious Emperors and godly Bishops in former times have been by the often assembling of Synods and calling of Councels the frequent celebration whereof as it was praecipua agri dominici cultura as the Councel of Basil expresseth it Consil Basil Bin. to 4. sess 15. So the neglect thereof was found to be very much disadvantageous to it Novel Const 123. ca. 10. as the Emperor long before that Councell in his Novel-Constitutions seems to complain to prevent as well the overspreading poyson of Heresy wherewith the field of the Church was in those times much infested as also to allay as much as in them lay such tempests of contention as were oftimes stirred up by seditious and factious spirits to disturb the Common peace The famous Oecumenical Councel of Chalcedon Concil Chalced. can 18. in the time of Martian and Valentinian Emperors graced with an Assembly of 630 Bishops and before that a Councel at Antioch Concil Antioch c. 20. Cmcil Nicen. c. 5. and before them both the Councel of Nice all cited in the volume of the Decrees made severall Acts That a Synod of Comprovincial Bishops should be celebrated in every Province twice a year 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 say the Apostles Canons too and once of that twice as the Nicene Councel hath it Canon Apostolo rum ca. 38. differing in point of time from that of Antioch ante dies quadragesimae C. de Concil 18. Distinct c. propter ibi c. habeatur eod yielding this for the reason 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that all grudge and malice taken away both Priest and People might offer an holy gift and perform a pure Fast to God But this being found in progress of time a task and travell too hard for Bishops being for the most part old men to continue especially where their Provinces were of large extent to instance Germany amongst the rest the cause also of such frequent meetings being lessened time saw an end of that custome for neer about the middle of the 5. Century at what time Justinian's Novel Constitutions were first published sent abroad The Emperor finding a neglect of the observation of the double yearly Synod commands thus which the rather I set down in the very words of the Constitution out of the Greek originall for that I cannot find it in any Latin copy Novel Justin Constitut 123. c 10. impress Parisiis 1542. Gothofred or else 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 sortasse which constitution of the Emperor receiving further strength by the sixth General Synod Concil constantinop ca. 8. Concil Nicenum ca. 6 Concil Lateran ca. 6. held at Constantinople about the latter end of the sixth Century as also by the seventh General Synod celebrated at Nice about the latter end of the seventh Century and long after by the Councell of Lateran under Innocent the third Anno 1215. continued the course of a single not interdicting or interrupting in places where it was used the custome of a double annual Provinciall Synod for divers hundreds of years within the Empire August de Civit Dei l. 2. c. 21. But. Quid manet ex antiquis morthus St. Austin thus breaks forth quibus Ennius dixit rem stare Romanam quos ita oblivione obsoletos videmus ut non modò non colantur sed etiam ignorentur So here this Custom though never so good and so long continued hath long since been buried as it were in oblivion and so worn out of common use as that it is now as a thing unknown quaereliquiae quodve vestigium Flor. l. 1. c. 11. as the Historian of the Veientes and as if it had never been And yet not so as that it suffered utter abolishment No 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sueton. in Domitiano a shoot from the same root sprung forth and up it came againe but somewhat altered from what it was before For in the Councell of Basil that troublesome * Grantz Saxon l. 11. ca. 20. Consil Basil Sess 15. Councell in the time of Eugenius the fourth about the year 1433. it was there decreed upon neglect I doubt not of the annual Provincial Synod and an Act passed that a triennial Provincal Synod should thenceforth be observed which if the wisdome of those times and thence downward had thought meet to have continned and transmitted to posterity it might have been a means of producing many profitable Constitutions that the modern and after ages must be content to want and wish for But blessed be God for those we have The present times doe and must thankfully acknowledge the singular benefit they receive from them which without question would have been enlarged and augmented had there not been found cause sufficient of a cessation at least of a longer intermittency of time for their Synods then is limited in or warranted by the Councel Act. For as when the prey is taken the Huntsman ceaseth to pursue and hoste debellato the Trumpet soundeth a retreat and the Souldier returns triumphantly home So here the stormes of Hereticall fury which for a long time disquieted the peaceable state of the Church being at the length well aswaged differences and distractions about Ecclesiastical affairs composed and all things in some good sort setled abroad The Bishops not called upon by their Metropolitans repose themselves within the limits of their own Dioceses where according to an Act made in the said Councell of Basil each Bishop was to convocate his Clergie and celebrate also a Synod in the same his Diocess at least * C. annis singulis 18. Distinct Abb. in c. Conquerent de officio Ordinarii C. Episcopus 18. Dictinct Concil Basil Sess 15. once a year In this Synod being most usually held in the Cathedrall of every Diocess the
malè redemptum Haeresium allu vinne Anglicana Ecclesia absorbetur saith the Cardinal But to leave excursions and to come home unto our business this Pentecostal payment seems to me it doth to be at least in the nature thereof to have reference to an Oblation which amongst the Christians in the elder times of the Church was most frequent and yielded much in matter of yearly revenue to it devotion carrying in with a full hand what might well be spared to holy uses 2 Cor. 8.3 and spurring on the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to use the Apostles phrase even beyond their power to munificency as conceiving the Churches Chest to be the safest Treasury When the Tabernacle of old was to be built see the people came on to the work with such zeal Exod. 36.6 that Moses was fain to proclaim a Sufficit before the people would leave off to offer So in the Acts of the Apostles we find what the Christians in those times did they even sold their possessions Act. 4. and left them at the Apostles feet And the manner in succeeding times of the ancient Christians also was they offered not the price 12. q. 1. c. Videntes autem but even their Fields and Farms Matricibus Ecclesiis from whence they only received livelyhood and left the rest to be imployed to sacred uses To Monasteries * Et nimio plus obtulerunt Majores nostri nec ullum sibi moduÌ„ statuer uÌ„t vel finem Monastesteria donis accumulandi Eliens ad Apolog. respons Churches nothing was thought too much nothing too good to be offered such was the devotion of our Ancestors And that works of mercy and charity were eternall and that there could not be any deed more beneficiall to the soul more meritorious then bounty to the Church this was their perswasion So that as all rivers hasten into the Sea Eccles 1. as the Wise-man speaks so all went to the Church yea there seemed to be a kind of pious contention in the people Certatim Ecclesiae populus offerebat Duaren de sacris Eccl. ministeriis Benef. l. 2. c. 1. as Duarenus who should be first to bring in their offerings to this sacred Gazophylacium even Kings and the Great-ones of the world not only the common people brought in liberally this way Of Ethelwulphus King of the West-Saxons it is thus written that he gave the Tenth of his Kingdome free from all tributary charge to the Church Antiquit. Bâ—it pa. 73. And how liberall his Successors divers of them were till the exorbitant excess and inordinate luxurious living of the Monks in this Kingdome accompanied with the extreme neglect of Religion did abate the edge of their dovotion may be seen Antiquit. Britan p. 86. as in an Oration that King Edgar delivered in much passion grief for such abuses to Dunstan then Archbishop of Canterbury Mecum obsecro animadvertat hic Lector si velit sequentia apertiùs intelligere cujus devotionis ac regularis observantiae suerunt ab antiquo Winchelcumbienses Monachi quando ob corum vitae sanctitatem integritatemque quotquot sere in circuitu nostro ruri manebant aliquam portionem de suis frugibus terrae nascentiis sibi à Deo coâ—cessis Ecclesiae nostrae quotannis in Eleemosynam offerendum voverunt Veâ—um quorum in curiâ tantae devâ—tionis Census sive redditus primò neglectus sit aut cur illud revocaverint seu amplius non solverint haud uspiaÌ„ mihi constaâ—e potuit Arbitror saue quod postquam in coeperit fervor religionis atque devotionis apud ipsos Winchelcumbienses torpere atqâ—e srigescere sicut accidit uti reoâ— tempoâ—e Willielmi de Shcurburnia Roberti de Upwella o'im nostri loci Abbatum Tepuit etiam erga cos aliorum Christianorum devotio Illius igitur rei ob illud â—am mâ—mini ut posteri videant quantum damnum jacturam rerum juslo Dei judicio in rebus nostris temporalibus tunc passi sumus quando incoepimus remissioâ—es esse erga sacram observantiam regularem Simulque nobis timendum ne majora mala sint futura si qâ—od absit in talem remissionem aliquam recidaverimus Eam quoque obâ—em sentâ—o â—â—a vivendum ita elabo andum ut novo devotionâ—s spiritu concepto ob vitae ipsorum Winchelcumbiensium sanctitatem sacram aâ—ud eos observantiam regularem corum predia ac possessiones oblationesque angeri potiùs quà m diminui de caterò merâ—antur Quae autem erat illa Oblatio seu Eleemosyna le Church-seal oliâ—n nuncupata sequens litera de clarabit c. Lieger book of Winchcomb fol. 43. so also by a digressive animadversion that I find in an ancient Manuscript containing the Antiquities of the Monastery of Winchcombe and the principall Occurrents and Acts of that Abby for divers hundred of years wherin the state of the Abby is much deplored in respect of the irregularity of the Regulars there This at home and to look a little abroad it is recorded of Charles the Great that he offered whole Saxony that he subdued Baron annal ad ann Chr. 804. to St. Peter at Rome and twelve hundred pounds yearly he brought in elsewhere ad servitium Apostolicae sedis besides what he bequeathed at his death to the Metropolitan Bishops for Church and Poor Registr Chronicorum in vit Caroli magnâ— being two parts of his goods if Registrum Chronicor report truth And what Licinia a very rich and wealthy Matron in the Primitive time did the Tripartite Story tels us Histor Tripartit l. 1. c. 9. that she gave all her goods to the Church of Rome This in foraign parts and to go no further Can. Apostol ca. 40. ca. 41. 12. q. 1 c. videntes c. Praecipâ—mus Et c. Episcopus q. 2. c. Vobis 10 q. 1. c. Quae cunque res Now all these Oblations the Bishops after the Apostles times had sub clave potestatis to dispose of they being thought the fittest instruments to be intrusted with the goods of the Church to whom the charge of the souls of Gods people was chiefly committed And into * Can. Apost ca. 40. Beda Eccl. Hist Angl. l. 1. c. 27. four parts or Canonicall portions they commonly were by Deacons first under the Bishop in imitation of Apostolical institution and afterwards by a Clergie Steward called in the Law a Distinct 89. c. quia in quâ—busdam 16 q. 7. c. Quoniam in c. In nova E. Concil Chalced. ca 26. Oâ—conomus alwayes accomptable to the Bishop divided and accordingly distributed one part to the Priest or Clerks that did service in the Church to which their offerings were brought A second part to the b A 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Aâ—â—stoâ—h Schol. in Plâ—t Hisunt Thâ—sau â—i Ecclesiae verè Thesauri in quibus Christus â—â—â— inquibus Christi fides est Dict.
S. Laurâ—ntii Martyris de pauperibus ex Ambros l. â— Offic. c. 28. Distinct 82 in Princip c. Episcopus Duaren l. 2. c. 1 de sacris Eccles ministeriis benef 12. q. c. 1. Praecipimus Poor who were in the Primitive times called the Châ—uches Treasure and of whom the Bishops had an especiall charge and regard A third towards the Fabrick or repair of the Church And the fourth and last part the Bishop did usually assume unto himself hospitalitatis exercendae causâ and sometimes a third part too which when he took he also undertook the repair of the Church c Gloss in ver Tertius 10 q 3. c. uâ—io 10. q. 1. c. De bis c. Antiquos Canones Onus fabricae so the Gloss which otherwise rested upon the Priest or Clerks of that Church to do from the allotted divident By this means I mean of munificent offerings and from Altaragies that is offerings made upon the altar whereof the Bishop had sometimes a third part and sometimes a moity as likewise from Oblations brought unto the Sepulchres and Shrines of Martyrs with such like in-comes the Church doubtless became at length wonderfully enriched for even the vessels that they used in their Temples in ancient and aftertimes Opâ—at l. 1. ad Parmenâ—anum Auâ—ust Epist Epist 165. being in great abundance besides ornaments wherewithall they were plentifully stored were of gold and silver yea and it is not improbable to conjecture that many goodly Temples whose curious work and costly materials doe yet after so many ages past give cause of admiration to the beholders were even hence raised from the dust and divers Monasteries Priories Religious Houses and Hospitals were by this means founded and plentifully endowed But to leave to speak too much of that that hath so long agoe for the most part left the world namely liberall devotion towards the Church In this little Pentecostale there is somewhat that tends that way if the original thereof could be exactly found out In ancient time the Bishop was to visit Ecclesiatim as before is mentioned When he came to visit his manner was to celebrate the Masse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Novel Justinian Constit. 123. c. 10. as the Emperor phraseth it in the Church that he visited which he did by his Episcopall authority every Parish within his Dioecess being Paroechia sua Ext. de Rapâ—o ribus c. de illâ—s therfore is the whole Dioeces in respect of the Bishop by the Law called Paroechia 10. q. 3. c. Quia Duarenus passim as likewise the whole Kingdome the Province at least in respect of the Lord Archbishop of Canterbury is so called Antiquit. Britan pa. 28. pa. 64. Lyndewood Duarenus At this Masse the people made an offering to the Bishop as at other times their manner was to doe to the Curate when he said Masse on Sundayes and Holydayes which he received But upon this Custome I cannot fix the original of this due forasmuch as the act of Massing quolibet die dominico being too generall in circumstance of time to which our Oblation or Pentecostal hath special reference doth not fitly denominate the pay Now as all Offerings were usually divided into four parts Gloss in v. Oblatio de jurejurancto c. Presbyteri as before is declared so the Glosse upon the Provinciall Constitutions observes a fourfold cause or reason for which the people in ancient times were bound to bring their Oblations to the Church As namely first ex praecedenti Conventione a mans house or land being tied by a preceding contract for a certain Oblation to be made at a certain time or times Ext. de verborum significat c. Cum inter in Rubrica 12. q. 1. c. videntes lege Levitic 27. v. 28. Which kind of Oblation albeit it be of the nature of a Cense or Imposition because it proceeds è contractu yet being a thing settled upon the Church it beareth the name of an Oblation as generally whatsoever is offered to or in that way settled upon the Church doth so Secondly propter praecedentem promissionem sive deputationem As when a man inter vivos engaged himself by promise of beneficence to a Church Instit l. 2. tit 7. de Donat. or causâ mortis did depute destinate or lay aside any moveable thing for that purpose stante tali voluntate unrevoked it ought to be performed every man in Law being presumed * Gloss in ver Perdurare ca. Majores Ext. de Baptismo 13. q. 2. c. Qui Oblatione c. Clerici 16. q. 1. c. Statuâ—mus Gloss 161. Coâ—cil 2. Turenens c. 18. Durare in voluntate in qua decedit yea the party or parties entrusted failing in the performance of the trust in them reposed tanquam egentium pauperum necatores so are they accounted to be excommunicated Thirdly propter necessitatem as when the Minister had not wherewith to sustain himself the people were bound to supply Gloss in v. Vacuus distinct 1. de Consecrat c. Omnis Christianus And Bartholomaeus Brixiensis his Glosse upon the Text is That if they refused so to doe the Minister being poor might cut them short Officia divina subtrahendo The fourth and last is propter consuetudinem according to which the faithfull were tied certis festivitatibus to make their accustomed Oblations Now amongst the Festivals the Feast of Pentecost was and worthily is a most special one At which Feast there was even in many places here in England anciently an Oblation made by inferiour Churches and Parishes to the principall mother Churches which in probability may originally cause the denomination of Pentecostalia or Whitsun-farthings for so also are they called they being the issue perhaps of a devout Fast and abstinence that about that time was by a Councel decreed to be kept or of that great Sacrament of Baptism yearly celebrated with much solemnity at this Feast and Easter only at what time the people brought their children turmatim by troups at it were unto their Baptismal Churches to be baptized which Custome continued not only to the time of Lotharius the First as Beatus Rhenanus but long after Rhenani observat in Tertul. fol. 154. Abb. Vrspergens Chronicon even to the time of Lotharius the Second that lived about four hundred years agoe as Abbas Vrspergensis observes Or rather peradventure they allude to those Oblations in the time of the Law which the Jews made at their anniversary meetings in the Temple of Jerusalem at this Feast To the which Oblations they held themselves bound by that place of Scripture Exod. 23. Exod. 23.15 Deut. 16.16 Non apparebis in conspectu Dei vacuus So then the Temple of Jerusalem being the Mother Church of the Jews to which at this Feast they brought their Offerings And our Cathedrals being in a special manner though not only the Mother Churches of particular Dioeceses to which at
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 ReligioneÌ„ 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. Deiâ— 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 Diplâ—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 Ratioonaâ— de minâ—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 Saâ—erdoâ—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 meâ—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 pâ—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 bâ—atae Mariae Wigorn. modò dissolut dudum spectan pertinen c. Ex Archâ—vâ—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. â—erum l. 6. c. 8. 18 q. 2. c. Fleutherius â—e consecâ— Distinct 1. c. Slennit Dedicatâ—onum in die annâ—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
The Case there is This. The Bishops of the Province of Gallicia when they visited their Diocesses hardly pressed upon their visited Clergy Bringing with them a great Train of attendants 100 vel 200 Equitaturas and exacting from them not only ultra duos solidos pro Cathedratico but also costly provision in esculentis poculentis upon complaint made of this grievance the Councell decrees a moderation in the money receipts Ne ultra duos solidos exigant pro Cathedratico and for the number of Attendants they are reduced to fifty at the most and the time of their stay at each Church limited to one day and no more So that this Canon is no bar at all to our Procuration payment in money now 't is I dare boldly say a meer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a very nothing to that purpose For it was many years after this time that money had warrant to pass for visitation Procurations as I shall hereafter God assisting make evident so that the Objection being answered and the Quid nominis in some sort explained I proceed to enquire desirous more exactly to know what a Procuration is in the Quid rei Vallens Paratit de censibus §. 3. And to this enquiry Vallensis makes answer and tells ut that it is Necessariorum sumptuum exhibitio quae ratione Visitationis debetur ab Ecclesia vel Monasterio ei cui ex officio incumbit jus onus Visitandi sive is sit Episcopus sive Archidiaconus sive Decanus sive Legatus summi Pontificis I hus Vallensis and well for the ground of this Procuration due but not fully enough for the growth thereof there being now other reasons not included within the circumference of this description that inforce the payment of Procurations without visitation as I shall in the prosecution of this discourse I doubt not make appear Wherein for further explication of Vallensis his description I shall be bold to assert that the Quid ret of visitation Procurations in ancient time this exhibitio necessariorum sumptuum was victuals In the Councell of Lateran I doe not mean the great General Councel under Innocent the Third but that other under Alexander the Third Exe. de Censibus c. Cum. Apostoâ—uâ— somewhat above 30. years before and about the year of our Lord 1180. Visitors are directed so to proceed in the dispatch execution of their Visitations as those that minded not their own things sed quae Jesu Christi And it follows there Nec sumptuosâ—s epulas quaeâ—ant sed cum gratiarum actione recipiant quod honestè ac competenter illis suerit ministratum Thus there so in the Sext there is a constitution made by Innocent the 4. who came in Pope Anno 1243. and ratified afterwards by a General Councel held at Lions in the time of Gregory the Tenth about the year 1273 peremptorily C. 1. §. Procurationes c. â—xigit â—od in 60. â—bi Glossa in 〈◊〉 yea sub poena maledictionis aeternae forbidding the receipt of money in lieu of Procurations vel a volentibus sic solvere adding moreover that if any Visitor should presume to receive them in such sort and otherwise then in victuals Duplum ejus quod receperit Ecclesiae a quâ id receptum suerit infra mensem reddere tenebatur which if accordingly be ing Patriarch Archbishop or Bishop he failed to restore he was forth with liable to an Interdiction ab ingressu Ecclesiae But for Visitors of inferiour ranck suspension ab officio beneficio was their penalty in this case This then was the ancient manner of paying Procurations till the time of Boniface the Eighth who succeeding in the Popedome about twenty two years after the death of Gregory and finding multa incommodorum dispendia Gloss in ver dispendia c. Foelicâ—s recordationis cod in 6o. many inconveniencs in the Constitutions of his predecessor touching this particular did himself make a Constitution about the year 1295. that it should be lawfull to any Visitor whatsoever volentibus visitatis and not otherwise to receive in lieu of victuals money not to exact it towards the defraying of their visitation charge The Constitution runs thus Quoniam rerum experientia perientia nos instruxit ex hoc tam personis visitantibus quam lâ—cis Ecclesiis visitatis multa incommodorum dispendia provenire C Foelicis recordat 〈◊〉 supra in 6. Concedimus ut Patriarchae A chiepiscopi alâ—i quibus ex officio competit visitare a volentibus Ecclesiarum locorum Visitatorum Rectoribus seu personis pecuniam licitè recipere valeant pro sumptibus moderatis faciendis in victualibus diâ—bus quibus visitationis officium personaliter exercebunt Now the reason of the making of this constitution was out of question this namely in respect of the great charge that the visited Clergie were put unto in giving entertainment to the Visitors in those times who in their visitations came attended with a troup of men and horses so excessively great Fâ—t de Censibus c. Cuâ—n Apostolus Vt interdum Ecclesiastica ornamenta subditi exponere compellebantur The poor Clergi were eftsoons constrained to sell even their Church-ornaments to make provision for them as it was declared openly in the aforesaid Councel of Lateran And thereupon in that Councell all Visitors came to be stinted to a certain number of Visitation Attendants according to their severall qualities as namely the Archbishop to 40. or 50. men with their horses the Bishop to 20. or 30. Cardinals to 25. though it stick in their stomachs so to be undervalued Archdeacons to 5. or 7. Deans Gloss in v. Decani Ext cod c. Cum Apostolus Ext. av Com. de Censibus c. Vas electionis that is to say Archipresbyteri rurales as the Glosse expounds it to two only which qualification of number eased a little and but a little the burden that was still heavy upon the Clergy For though Bomface did tolerate the receipt of money in heu of victuals and made it lawfull for the Visited to compound with their Visitor for their entertainment yet the composition in money was oftimes upon such hard terms that the remedy proved as bad as the disease Little the better were the Clergie for having the Visitor limited to a certain number of Attendants whilest he was left unlimited in the summe of his receits to make his composition as it pleased himself Yea we shall find that the exorbitances of the Visitors in this particular were such that they gave occasion to Pope Clement the Fifth to complain bitterly of them in the Councel at Vienna which began in the Calends of October Ca. Ad nostrum eod in Clement Antiquit Britan pa. 172. Anno 1â—11 and ended upon the sixt of April Gloff in v. Imsosterum c. Cum sit in Clem. de Censious the year following as the Glosse precisely sets it down namely that the Prelates and other
Visitors did exact Procurations yea even from exempt places and Orders priviledged the Cistertians themselves could not goe free that they carried with them Hounds and Hawks contrary to a Prohibitory Canon of the aforesaid Councel of Lateran yea that they so farre forth proceeded with them that unlesse their intemperate appetite were satisfied and that they had readily ministred unto them as much as they unreasonably required down went the dores of Monasteries Church dores were broke open and what they could lay hands on the ornaments of the Church not excepted should away Intolerabilia gravamina eisdem cumulantes Now these grievances were in effect but complained of in this Councel and altbeit they were prohibited under pain of Gods indignation yea and of the Popes too Ca. Ad nostrum cod in Clement yet were they not throughly redressed until the time of Benedict the Twelfth who next succeeded Clement save John the 23. that came between them He I say taking into consideration the abuses of the Visitors towards the Clergy visited notwithstanding many good Laws made to the contrary namely that they became so burdensome to them in the exaction of Procurations Vt oppressi subditi hujusmodi onera nequeant supportare to use the very words of the Constitution Eâ—trav Com de Censibus c. Vas I lict onis In the second year of his Popedome and about the year of our Lord 1337. makes a Canon or Constitution and in the same proportions a rate in money in lieu of Procurations in victuals a certain summe payable out of Monasteries Priories and other Churches visited and requirable by the Visitor according to his quality and the conditions of the parties visited more or lesse leaving it still to the liberty of the visited either to pay so much money or victuals as before if they thought better And this constitution of Benedict the Twelfth put an end to that troublesome business even throughout the Christian world where the Pope had sway of jurisdiction that before that time groaned under the burden of intolerable exaction Hither all Visitors are directed to have recourse for their pay where custome hath not limited the summe of their receipts But for Archdeacons Procurations Lindewood tells us that the usuall summe of their receipts in money was in his time and that was in the reign of Hen. 5. somewhat above 200. years agoe seven shillings and six pence that is according to the number of his Officers and Attendants to each man 12. d. and to the Archdeacon himself 18 d. And so I have done with the first Quaere and doe now proceed to the second and that is 2. Whether Procurations be due Ratione Visitationis Out of doubt they are and great reason that they should be The voice of nature in an Heathen man spake thus and perswadeth to yield 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Phocyâ—id And not only the voice of nature but the God of nature pronounceth Luc. 10.7 1 Cor. 9. that Dignus est operarius mercede Luc. 10. And St. Paul reasons thus Who goeth to warfare any time at his own cost who planteth a Vineyard and eateth not of the fruit thereof who feedeth a flock and eateth not of the milk of the flock If we have sown unto you spirituall things is it a great matter if we reap your carnall things Thus the Apostle excellently and by way of Analogie to the equity of this due brings arguments such as the wit of man cannot move much less overturn them For what are Visitations other then laborious travellings from place to place joyned with an industrious vigilancy and circumspection in the Visitors and for this very end Ne quid detrimenti capiat Ecclesia to keep Christs Vineyard from havock and spoil to see unto aswell the building and holding up of the spirituall Temple as the fabrick of Gods materiall House He plants he sows he feeds his labour is painfull and his care great and all to eradicate sin and to encourage virtue In a word Schismata componere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 12. Caetera disponere that all things may be done 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 Cor. 14.14 In a word thus Act. Concil Trid. sess 24. cap. 3. Visitationum omnium istarum praecipuus sit scopus sanam orthodoxamque doctrinam expulsis haeresibus inducere bonos mores tueri pravos corrigere populum cohortationibus admonitionibus ad religionem pacem innocentiamque accendere So the Trent Councel I would in all things so right and well And long before that Councel Innocent the Third our of the aforesaid General Lateran Councel declaring the right use of a Visitation Ext. de Censibus ca. Procurationes sets it down thus Porro visitationis officium exercentes non quaerant quae sua sunt sed quae Jâ—su Christi praedicationi cohortationi correctioni reformationi vacando So then this being as you see a burdensome and a toylsome task a labour of pain so necessary and withall conducing to so good an end It is but just that some answerable compensation should be made some exhibition yielded to the Visitor by him or them who principally are interessed in the good of his travell Neither stands this payment or exhibition upon conveniency only but necessity also There is a debetur in it saith Vallensis upon which the Visitor founds his claim and such a debetur as admits of no opposition or stop in Law to crosse it for the argument holds strong Gloss in ver Consuetud c. Cum ex ossicii Ext. de Praescâ—iptionibus Ext. de Censibus c. Cum Venerabilis Episcopus cum visitare jure communi debuerat de jure communi debet habere tune Procurationem quia nemo suis stipendiis cogitur militare Here is the reason of the due And it is a rule in Law that Accessorium sequitur naturam sui principalis And if ex debito principaliter the Bishop or Visitor ought to visit then ex condigno accessorie he ought to receive no man will deny for a neerer relation there seems not to be between work and wages then is between Visitation and Procuration yea so near they are that no negative prescription to wit de non solvendo hath been held available in plea or proof at Law against the right of Procuration especially as it relates to Visitation except in the case of Papall priviledge or extreme poverty of the visited Gloss in c. venerabili v. rationable Ext. de Censious In the Decretalls mention is made of a certain Archbishop namely the Archbishop of Sens Senonensis a â—rench Prelate Exteod e. ex Officâ—i that visiting of his Province he came unto the Churches of the Abbot of St. Maglore and of the Prior de Castres and of some others in the Diocess of Paris which he visited eâratione demands Procurations which were denied him for this cause namely for that they had not formerly been yielded to the
est non potest tractu temponis convalescere and that in the Canon Law C. non sirmatur 18. de Regulis juris in 6º Dyn ibi Non firmatur tractu temporis quod de jure ab initio non subsistit there being no Custome of such praevaling authority ut aut Rationem vincat In l. 8. tit 32. C. Quae sit longa Consuetudo aut Legem as the Emperor well determines Now they that turn upon this hinge I mean that receive Procurations upon the ground of Custome must look that their receit or claim be both rationabilis legitimè praescripta And this appertaineth especially to such Archdeacons that receive Procurations in the L. Bishops Triennials and yet visit not whereof there are divers in this Kingdome Certainly the time was that Archdeacons had jus visitandi quolibet anno and did accordingly visit ea ratione receive Procurations Gloss Lind. in c. 1. in ver Visitation Provinc Constitut deâ—ssic Archid. l. 1. the Glosse upon the Provincial Constitutions intimates as much And in the Decretals de officio Archidiaconi we read that Pope Alexander the 3. wrote unto the Bishop of Coventry and to the Abbat of Chester and commands them to forbid the Archdeacon of Chester to visit the Churches within his Archdeaconry above once a year Ext. de offic Arch d. c. Mandamus Gloss ib. in v. soepius visitare Nisi talis causa emerserit propter quam ipsum oporteat praefatas Ecclesias soepius visitare Once a year and no more Nisi talis c. which implies that once a year at least he might surely in ages past he might doe so 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 But Time that turneth all things upside-down makes them seem to be what they were not hath altered the course of former dayes and brought it now to this issue namely that the Archdeacons not all but of many places must one year in three suffer the light of Archidiaconall authority to be eclipsed by the greater light of Episcopall power and content themselves with their Procurations only which yet the Clergy in many places think much to pay in respect not only of the many payments that lie heavy upon them wherein those of the meaner ranck are much to be pitied but especially because the Archdeacons demands at that time doing no service at all seem to them to be altogether unreasonable For the receit then of Procurations by Archdeacons in the years of Episcopall visitations when some of them visit not and to make the Custome by which they receive them firm and good They are first as before is said to shew sufficiency of cause and reason for this receit to make it rationabilis and next to set forth sufficiency of continuance to make it legitimè praescripta In explication whereof and application to our present business I intend to be very brief beginning with the former part or property of a good Custome namely Reasonableness But with serious protestation in the first place that I labour not by any argument to introduce a payment that hath not formerly been or to impose a burden heretofore not known or born for that were in effect to goe about 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and to meddle with things that ought not by any private fancy to be moved or meddled withall that were little else then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Isocrates foibidden by the Oratour as perilous in a well settled State No but my endeavour shal be to offer such reasons as I can for payméts now in use in places where they are used and to stretch out the line of my discourse no further which if they prove to be of weight it may haply fall out that what formerly the Clergy to their great charge contradicting this payment have in contradictorio judicio been forced to pay and what at this day they pay though discontentedly as being conquered rather by Law then fully satisfied in point of reason they will with a willing mind 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as the Apostle 2 Cor. 8.12 readily chearfully and peaceably tender to their Visitor I o proceed then Procurations are in effect the Living of the Archdeacon valued to him in the Kings books for which he payeth yearly Tenths and Subsidies also as they fall out to be due And should a man yearly pay and not yearly receive No for the contrary to be the intent and meaning of the Kings and Queens of this Land may evidently be demonstrated Et ulterius de ampliore gratiâ nostra exoneravimus c. praefatnm de omnibus om nimodis Corrodiis Reddit feod annuitat pensionibus portionibus c. Praeterquam de de eadem Rectoria de exeun ' ac Archidiacono de successoâ—bus suis pro Procurationibus Synodalibus Annuatim solvend c. For that in such Grants as I have seen from the Crown of Impropriate Rectories those payments annuall payments of Procurations and so of Synodalls too are continued and left as a charge though many other burdens are taken away upon the Proprietaries Again whereas many other Ecclesiasticall Livings since the Certificate of their value into the Exchequer about the 26 of H. 8. are improved and made better Procurations are like the Talent hid in the napkin they continue without one farthing improvement Improvement doe I say Nay I am perswaded that few Archdeacons receive in Procurations to the summe of their valuation Poverty somtimes of the Incumbents death and such by blows cuts them short of many and makes them heartless to seek where little or nothing is to be found And yet are they charged with full payments of Tenths and Subsidies which are high upon fruits of this nature for valued by the penny as these Procurations are 5 l. out of 50 l. goeth out for Tenths alone And shall a man pay pay thus and not receive surely he that is necessitated to pay should necessarily receive and doubtless with good conscience he may that which occasioneth and is the sole reason of his pay yea the receit of Procurations in this case is so farre from being unconscionable in the Archdeacon though he visit not that the detaining of them seems to me to be unreasonable For in that the Archdeacons some of them I say some of them Ab. sic super 2â— 1â— i de officio Archid c. Vt Archidiaconus for all are not excluded visit not in the L. Bishops Triennialls the fault 's not theirs when not out of willfull omission but Canonicall submission they forbear to visit and strike sail to the commandement of their superiors And shall they for their obedience be deprived of their accustomed rights I leave that to the judgement of indifferency The Rule of Law and surely of Reason too is Ca. Imputari 41. de reg juris in 6o. that Imputare non debet ei per quem non stat si non faciat quod per eum
Bishop himself nisi gravi necessitate vel canonico impedimento detentus in which case some other by delegation from him sate President who being there sate and having his assembled Clergie about him with such other of the Laity whom necessary cause called thither after earnest invocation for the assistance and direction of Gods Spirit and the further accomplishment of such accustomed rites as were necessarily requisite and preparative to the business The Bishop or his Substitute selected or called forth septem è plebe C. Episcopus in Synodo 35. q. 6. saith the Decree de qualibet parochia adds the Glosse Men grave and of ripe years fearing God and for honesty such as were of best repute amongst the people To each of these men the Praesident of the Synod delivered an Oath the form whereof was as followeth viz. Amodò in antea quicquid nosti aut audisti aut postmodùm inquisiturus es quod contra Dei voluntatem rectam Christianitatem in Parochia factum sit aut futurum erit si in diebus tuis evenerit tantùm ut ad tuam cognitionem quocunque modo perveniat Si scis aut tibi fueâ—it indicatum Synodalem causam esse ad ministerium Episcopi pertinere quòd tu nec propter amorem nec propter timorem nec propter pretium nec propter parentelam ullatenus celes Episcopum aut ejus missum cui hoc inquirere jusse it quandocunque te ex hoc interrogaverit Sic te Deus adjuvet istae Sanctorum reliquiae By virtue of which oath and office thereupon depending the extent of their authority and enquiry stretcht very far namely into all businesses cognizable punishable by jurisdiction Ecclesiastical Consil Basiliens Sâ—ssio 15. viz. Simony Heresie Usury Sacriledg Sorcery Divination Enchantments Superstition Alienation of Church Livings Fornication and many other things besides All which and whatsoever else they found to fall within the compass of their inquisition as cause required those seven men called in the Law Testes Synodales presented either in writing or otherwise interrogated in the open Synod delivered by way of information vivâ voce to the Bishop or his Substitute which was received by Notaries then present appointed for that purpose that accordingly things amiss might be reduced to reformation and amended the parties found remiss might be stirred up to better performances and the persons peccant in any sort condignly punished And so surely they were For albeit on the one hand there was tenderness used towards sinne secretly acted especially where scandall might probably fasten it self upon some eminent calling and so a secret gentle animadversion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Isocrat Orat. 2. ad Nicoc. p. 28. as the Orator expresseth it out of the wisdome of the Synodicall Magistrate was answerably inflicted upon the offending party yea for smaller misdemeanors Spelman Concil 3. p. 362. and the first a pecuniary punishment was in favour imposed yet on the other hand when a fault committed became so manifest that a connivance or private satisfaction might cause a publick offence then no intercession Tacit. annal l. 14. p 314. no pecunia ob delicta as Tacitus in another case could exempt from censure and shame but as the offence was manifest Antiquit. Britan p. 197. Extr. de Officio Jud. Ordinarii c. l. resragab § finali so should the punishment be as notorious be the person high or low his calling could not quit him free which if he refused to undergo being a Clerk he was turned out of his Ministry and deprived of his Benefice If a Laick he was thrust out of the Church by Excommunication and debarred of Christian society no man suffered to keep him company This was in effect so I take it the manner of holding of Synods in particular Dioceses at least a representation of some part of the form of proceedings and censures therein At which meeting I doubt not to say there was a Synodale a Cense or Tribute in money payd to the Bishop or to some other to his use from the inferiour Clergie Now Synodale among writers is found if I mistake not to yield more especially a two fold signification For it signifieth not only Conventus a meeting as Synodus doth but likewife the Acts of that meeting Concerning the former signification we have an instance out of an Epistle of Gregory the Third cited by Cardinal Baronius in the 8. Tome of his Annals about the year 738. Catholica saith he Baronius writng to the Bishops of the Provinces of Bajory and Almany Sanctorum Patrum authoritas jubet ut his in anno pro salute populi Christiani seu exhortatione adoptionis filiorum Synodalia debent celebrari c. Here Synodale is taken for the Meeting or Synod it self Touching the latter acceptation Histor. Tripartit l. 7. sol 452. I find it in the Tripartite History where mention is made of a Synod of Bishops assembled at Antioch out of divers Provinces concerning the Heresie broached by Acasius and upheld by his and his adherents against the consubstantiality of the Sonne of God Which point being there disputed by the Bishops Orthodox Hereticall it was at length discussed and this Acasius with his Associates being throughly convinced with the evidenceof truth consubstantialitatem professi sunt saith the Story they were constrained to give glory to God by the acknowledgement of their errors and in subscribing to the Orthodox Tenets and Creed of the Church which done the Bishops of that Synod sent the same Profession together with a copy of the Nccene Creed to Jovinian the Emperor to the end the said Emperor might have knowledge of their proceeding with this Acasius and be made acquainted with the uniformity of his and his adherents belief touching that Creed Hunc libellum saith that Synod meaning the Nicene Creed in collectione Synodalium Sabini conscriptum invenimus In this place I take Synodalia to mean the Acts of that Synod which were collected and digested by this Sabinus Histor Tripartit l. 5. p. 392. as a little before in that Story the Reader may find written So now here is Synodale the Meeting and Synodalia too the Acts of the Meeting But what 's all this will some say to Synodale the payment being the very thing principally in pursuit of inquisition in this place To which I answer that I have found yet another Synodale which as I conceive will come neer to our purpose yea and must necessarily be taken for this very payment that now we are upon In the Appendix to the 3. General Lateran Councel and in the second part of that Appendix there is an Epistle of Pope Alexander the 3. to certain Archdeacons and Deans reproving them for extorting of moneys from the Clergy sub diversis nominibus in a fraudulent kind of way Et hujusmodi exactionem saith the Pope in that Epistle ut eam liberiùs videamint exigere quandoque
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 quà m 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 Religiosiâ— 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 Oâ—dmarii c. Conquâ—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 propâ—ium ac praecipium est docere sedentâ—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
Episcopo distribuebantur divisi erant singulis ministerits attributi Episcopis singulis vectigal quoddam ab inferiorbus Ecclesiis pendi coeptum est Hujusmodi imprimis illud est quod in Synodo à singulis Curionibus inferiarum Ecclesiarum Gubernatoribus exigunt Nam duos solidos singuli Episcopo dare jubentur This is plain for the time I say plain so farre forth as it relates to and points upon an act or business done of remarkable observation It was when the Revenues of the Church came to be divided this was the Act and allotted to severall Ministeries then began this Cathedratick payment to the Bishop from the beneficed Clorgie within his Dioecess even then saith Duarenus And it may seem not unlikely that this Division of the Church revenues here spoken of and the distinguishment of Paroecial bounds were in time not farre asunder which if so the antiquity of this Cathedratick imposition may somewhat neerly be guessed at For as touching the distinguishment of Parishes it is evident in Story that Euaristus the Pope otherwise called Anacletus Gracus about the year 110. entred first upon that business Et titulos urbis Praesbyteris divisit saith Volateran Volateran l. 22. Anastas Biblioth He assigned certain Houses set apart and consecrated for divine worship wherein the Christians of these times as a distinct Congregation were wont to meet to the Priests of the City to exercise their ministerie in Baron annal ad ann 112. nu 4 5 6. I say certain Houses yea and sometimes also Delubra Gentilium the very Paganish Temples too were by Imperiall Edict and Destination mancipated to such religious services But I doubt whether I may adventure the founding of this Cathedratick payment so high as this particular act of distinguishment by Euaristus being only bounded within the City It may be conceived rather to acquire its being by occasion of some more generall act of the same nature in the time of the Churches better rest for now it was under persecution and no time then for such setlements The Church indeed was now even in Trajans time otherwise so good an Emperor in much distress persecution being hot and pressing And yet Christianity such is the nature of Gods seed was still * Neque enim Civitates tantùm sed vicos aâ—que etiam agâ—os superctitioms â—stius contagio pervâ—gata est Plin. l. 10. Ep. 97. growing insomuch that the Pagauish Temples in some places of the Empire were left almost unfrequented as Pliny notes in an Epistle of his to Trajan yea and so great were the numbers of Christians in Bythinia that as the same Pliny confesseth being Irajans Lieutenant * Cum Hispaniarum Praesecturam gorere siâ— annotat Funccius l. 5. Commentariorum in Chronologiam suam ad annum 110. Et innuit idem Author hanc â—pâ—stulam Plinianapâ— ex Hispania suisse scriptam Sed Plinium Hispaniarum Praesecturam gessisse nusquam apud probaâ—â—â— Authore praetâ—r Fanccium â—criâ—torem â—lioqui satis oculotum perspicaâ—â—m memini me legisse Proconsulatum in Bythiâ—ia se eoercuisse ex Epist Plin. l. 10. Epist 28. Et ejusdem vitâ operi suo pâ—aefixâ per Catanaeum hand diffiâ—â—le est colligere Et inde hane suam 97. Epistâ—lâ—m ad Trajanum transm sisse Author est Chronâ—graphorum sui temporis quos equidem vidi sacile princâ—pâ— doctissimus Sethus Calvisiuâ— there that they had well nigh spoiled the Pagans market Victimarum raâ—â—ssimus emptor saith he Persecution did nothing at all advance their cause 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Gospel got ground of Paganism and though fire and sword opposed the people would after Christ by any means Thus as also by such poor Priviledges of liberty as the Christians could obtain by Imperiall dispensations being but few and narrowly confined for the most part they multiplied apace Nor yet were those Priviledges constant and continuing But even as it is with the Moon that sometime is in the Wax and sometimes in the Wane so was it with the Church in these times one while under Lee sheltered from the tempests of Paganish immanity a while after exposed to the whirlewind of tyrannicall rage What the favour of one Emperor built up the fury of another pulled down And thus was it with the Church from Nero in whose time Satan being enraged against the Woman Revel 12.13 Sucton in vita Neron pa. 148. Sect. 16. the first of the Ten bloody persecutions began till Constantine the Great during which time I seek not for the setling nor read not of the mentioning of this Cense Albeit I find toward the latter end of Galtenus his reign about the year 260. and somewhat above 40 years before Constantine that the work of distinguishing Paroecial Limits was then undertaken again by Dionysius the Pope who laying hold upon the opportunity of a favourable I dict of Galienus affrighted and forced to remorse toward the Christians by many prodigious tokens of Gods apparent indignation and beginning in the City of Rome where his Predecessor Euaristus left he again divided reduced and setled what by reason of persecution lay confusedly waste assigning to the severall Parishes Baron annal ad aâ—n 270. n. 17. lege etâ—am notas ad Sâ—xtum tom 1. Concil Bin. edit pa. 20. by him distinguished severall Priests to instruct the people and to each Church its Coemiterium yea moreover Paroclias Dioeceses foâ—â—s distribuit quo quisque finibus limitibusque suis contentus esset as Funccius out of the Decree hath collected Func Comment in Châ—enniogâ—am suam ad anâ—um Christâ— 68 13. q 1 c. Ecclesias singulas Thus proceeding with endeavor to accomplish abroad also what Euaristus had but only began at home but death or other impediments preventing that business was left in divers places uneffected as a work for posterity to finish and complete To make the matter short the work concerning the distinguishâ—ng of Paroecâ—all bounds being thus farre forth carried along and all happâ—nning in the time of persecution or rather when the Church enjoyed its Lucida intervalla and had purchased some Halcyon dayes Constantine the Great about the beginning of the 4. Century took upon him the Government of the Imperiall Scepter stayed the then Persecution shut up the dores of Paganish Temples and restored peace to the Church and liberty to the Christians yea and Councels few before that time then began to be rise abroad Parochiall distribut on in England was â—erformed by Theodorus Archbishop of Canterbury about the year 668. Spelin Concil 152. But Speed saith by Honorius the 5. Archbishop also of Canter about the year 636. About this time it may be supposed that the division of Church revenues spoken of by Duarenus was made and this Cense then fixed Though I confesse as yet I have not observed it mentioned before the second Councel of Bracar held a little after the middle of the 5. Century about the year 570.
which Councel I find doth only limit not constitute this payment and therefore it must be sought for a little higher wherein I crave the Readers patience for a further inquisition And so I pass away to the 4. Question namely When this Cense or Pension was usually paid And this I find to be as before is mentioned most usually in Synodo and that therefore it was called Synodaticum quia in Synodo frequentius dabatur saith Hostiensis Hostiens in sum de Censihus §. Ex quâ—bus I say it was usually but not alwayes so paid For in the Decretals there is somewhat that seems to oppose the limitation and restriction of this payment to Synodicall Meetings only Extra de Censibus c. Olim. The passage there is this There arose a question about the payment of this Synodaticum and afterwards a Suit between a Bishop of Spoleto in Italy and certain Clerks Plebis Rupinae within his Dioecess The Bishop required Tres denarios Papienses which according to an ancient Custome the Clergy were wont to pay at the Feasts of the Nativity and Easter to wit at each Feast so much pro Synodatico Now the said Clerks or Clergy having for thirty six years altered their payment and rendring to the Bishop and his Predecessors for so long time only Tres denarios Lucenses at each Feast being a kind of money of farre less value then the former endeavoured to prescribe against the Bishop who thought himself safe enough to avoid the danger of their Prescription by receiving of it sub protestatione and that in so doing his right could not be impeached wherein he had like to have been deceived A great deal of adoe there was and much bickering between the Bishop and his Clergy and at length the matter was brought to Pope Innocent the Third to be decided who examining the cause and finding the prescription of the defendant parties to be only four years short of a full prescription Quadragenalis praesiriptio tollit omnem actionem Ext. de verb. signisicat c. Cum inter ver per 40 annos namely of forty years to which time if the Defendants could have brought their prescription the Bishop had been gone notwithstanding his protestation and having also the Defendants and their Advocates answer non revocatum that Papiensis moneta was formerpaid The Pope thereupon passeth a definitive sentence for the Plaintiffe Bishop against the Defendant Clergy and condemns them ad solutionem Denaâ—iorum Baptensium thus there So that hence it is apparently evident that albeit the Synodatick payment receive its denomination à Synodo as being the usual time of â—ts payment yet under the same name it was also payd extra Synodum namely at the Feasts of the Nativity and Easter I will not affirm absque ratione Synodi for that before this time Synods I mean Provincial and Dioecesan afterwards I doubt not were held occasion requiring twice a year correspondent whereunto by prevalency of custome the Synodatick payment might either be doubled which is less probable or divided which I rather incline to think for so I find the ancient course to be in the Dioecess of Gloucester namely the payment to be divided into Synodalia Aestivalia Hiemalia Extat in quâdam vetustissima membranulâ quam penes me habeo Nor do I think that this Synodatick payment taken to be the same with the Cathedratick as I doe here and elsewhere was constantly at all times paid either in Synodo or at the two Feasts above-named For it was sometimes and very anciently paid also at Visitations I referre the Reader to the seventh Councel at Toledo mentioned in the Decree 10. q. 3. c. Inter caetera Casus ibi where he shall find a Canon against the exacting of more money then Two shillings only pro Cathedraticò in Episcopall visitations And so have I done with this Question and pass to the fifth and that is How and by what Law this Cathedraticum came at the first to be imposed upon the Church and path by the Clergie To this Question Hostiensis makes reply and saith that it was imposed Authoritate Episcopi by the authority of the Bishop within the sphere of whose Quondam activity the Lawyers have found a power to move Gloss per Lancelot super Instit juris Canon De immunitate Eccles which they call Lex Dioecesana a term by them invented because not explicitely found in any Text in Law for the clear and distinctive expression of Episcopall power in that particular as the same relates to other Lawes and Priviledges annexed to and inherent in the Office of the Bishop to wit Lex jurisdictionis Jus ordinis And therfore it is that Panormitan saith Abb. in ca. Dilect de Offic. Jud. Ordinar ubi plura de lelege Dioeces that they are vocabula Magistralia magis quà m juris But to stand no longer upon the term Thus much I find that this part of Episcopall power thus distinguished and actuated by this Law did formerly yield the Bishop a large extent of command over all the Churches and Clergy within his Dioecess all I say none * Gloss in ver Episcopus c. Episcopus non delet Dist. 18. Ext. de Majorit obed c. 9. Quod super gloss ibi in ver Dioecesana excepted but the Cistertians who by virtue of their order had some Priviledges of immunity more then ordinary as namely to be absent from Synodicall Meetings assembled by the Bishop within his Dioecess and from payments then made to him by the other Clergy with such like This then was the Law and by virtue of this Law founded in the Bishop or power settled upon him by special donation or dispensation this Cense was by him * 10 qu. 1. in Casu received and the payment thereof fixed and imposed upon the inferiour Clergy which now is become a charge perpetuall annexed to their Benefices and thence annually to be payd if greater authority interrupt not the ancient course as an Onus Ecclesiasticum a Church burden or charge yea and to shew that it is no strange and unheard of burden no innovated payment It is said to be besides its imposition by Law Onus Ordinarium The Gloss upon the Provincial Constitutions de officio Vicarii makes it good C. Quoniam in ver Onera Ecclesiastica where the Reader may find those words Solutio Cathedratici Synodatici Procurationum ratione visitationis alia hujusmodi de quibus non dubitatur quin sunt onera ordinaria suum capiunt effectum ab impositione legis But this place of Lyndewoods Glosse gives occasion to a question namely Whether Procurations be imposed and due by the same Law that Cathedratica are To which I answer that questionlesse they are not For Cathedraticum 10. q. 1. in casu Synodaticum tertia vel quarta pars Decimationum Oblationum c. are Census and exacted or imposed as I conceive Lege
aut fundationis tempore aut donationis aut consecrationis Host. in summa de Ceâ—s § Siquis Census aut tempore immunitatis indultae His enim temporibus vel imponitur vel offertur saith Hostiensis And probable it is yea doubtless so it was 16. q. 1. c. Quicunque For as besides the Bishops knowledge Platin. Volater l. 22. Et Polyd. Virgilubi supra Baleâ—s de Rom. Pontis de actis 18. q. 2. c. De Monachis and consent praeter Praesulis conscientiam no Church could be consecrated within a Dioecess Faelix the third having made a Constitution to that purpose about the year 484 so neither could any Church or Monastery be founded or built in a Dioecess without the concurrence of Episcopall approbation except in places priviledged De Privilegiis c. Authoritate in 6o. exempted from the Bishop and appropriated to the Pope So that when the Bishop did yield his consent to the founding or his pains in consecrating or dedicating any such Church he reserved somewhat to himself and to his See Episcopal nomine Pensionis Ext. de Religiosis domibus c. Constitutus Sed nec illud insolitum aut novum habert debet ut cum Episcopi Ecclesias piis locis ritè concesserint aut exemptas fecerint aliquid sibi in iis pensionis nomine reservent Not that the Bishop did stipulate or contract with any either Founder or Priest to receive so much in recompensationem Gloss in v. Recompensationem Ext. de eodem for such his concession consent or pains taking any way before hand and that he would not doe it nisi prius aliquid ex pacto detur vel promittatur No that was held abominable as down-right Simony a sin of any other detestable and not only against the Decree of the Pope Ext. de Symonia c. Tanta 1. q. 4 c. Ecclesia Concil Bracar 4. Can. 5. Aug. Epist 75. ad Auxâ—ntium but the Canon of a Provinciall Councel such consecration had been execration as St. Augustine somewhere But when the business came to be effected that was pursued then was the reservation made it seemeth then But here now falls in a question vtrum in spiritualibus interveniat Pactio Oblations being spiritual Profits it might be demanded Whether they were settled at the first where now for the most part they stick namely in the Bishop and are rendred and paid under the name of Pentecostals by a contract yea or no To this I answer Videtur quòd sic For in the Decree I find â— Chapter to name but one to this purpose An Oratory was founded by the Mother of Eleutherius 18. q. 2. c. Eleutherius a Bishop in the Dioecess of one Cardellus a Bishop at the Dedication of which Oratory there was a Convenisse saith the Text between the Foundress and the Bishop that such a proportion the Bishop should have out of the Oblations made at such a Feast It seemeth then that contracts of this nature might be made But whether this Convenisse this Contract ought to be before or after the Dedication may admit another question If after the Glosse upon the Chapter Ecclesia warranteth that post dedicationem pacisci Episcopo suggerente permittitur 1. q. 4. c. Ecclesia so then the Bishop might after Dedication by way of pact require a Pension But might he not before Yes It is not doubted by the judicious but affirmed that he usually did and ought to doe so which by no means he might doe if any corruption were in this contract But contract I cannot so fitly call it For albeit there be a kind of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a semblance or seeming shew of a conâ—â—act between the Bishop and the Founder or Priest in this Act yet in truth it cannot properly and in strictness of Law be termed a contract And so much the Glosse upon the Chapter Eleutherius doth plainly deliver in these words Dicâ—s quòd hic non verè dicitur pactum quia sine pacto tenetur Ecclesia aliquid dare Episcopo in signum subjectionis Thus then the Bishop did reserve a Pension at the time of the foundation or dedication of the Churches within his Dioecess and this he might lawfully doe without any the least suspition of corruption And his Episcopal authority did not only warrant him to make such reservation to himself out of the church oblations but to impoese a Cense upoÌ„ any Church under his jurisdiction to the use of the Patron thereof if need did require Imo Episcopi authoritate potest aliquid constitui Patrono as the Gloss above mentioned hath it And now at length to draw to a conclusion the sum of all is This Pentecostal that I have been so long in seeking after and is in common receipt here in England at this day is nothing else as I conceive but the annual commemoration continuation or repetition of an ancient payment or pension issuing out of the oblations brought by the people so long agoe at the time specially of the foundation or dedâ—cation of their several Churches or at some other solemnity to wit the moity or third part of the oblations then made The same being reserved by the Bishop and by a contract seu quasi between him and the Founder of such Church or Priest assigned to attend the same setled in and upon the Episcopall See and payable yearly at or about the Feast of Pentecost Sâ—pra 10 q. 3. c. Nec numerus for Alterius solennitatis will warrant such a conjecture This I say is at least I take to be the same that we now call by the name of Pentecostals or Whitsun-farthings And so now if truth fall out here also to be the issue as it hath certainly been the object of these my weak endeavours then have I that by Gods favour performed to me Matth. 7.7 that sometimes in Evangelical words was promised to a servant whom Clemens Abexandrinus makes mention of consulting the Oracle how he might please his Master 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If thou seek thou shalt find saith the Oracle Clem. Alexand. 4o. Strom. statim ab initio But if misapprehension or species recti instead of truth misinforming judgement hath run me into error as it is easie for a stranger travelling in parts unknown and unfrequented sometimes to step aside and to be out of his way My suit to the Reader then is si quid novisti rectius istis Candidus imperti Horat. Epistol l. 1. ad Numid which if he fail to do and my self not able to rectifie things amiss The Jewish extremity must be my refuge Buxtorf de abrâ—vtaturis pa. 182. Tishbi solvat An Appendix to the former Discourse setting forth the reason of printing that and post-scribing this THe precedent Treatise that now at length presents it self to publick view hath lain written by me for divers years and importunity that occasioned the being that it
the said Commandery and Rectory to Dr. Forth rendring rent without any reservation of Proxies And whether he shall be now charged with the said Proxies and with the arrerages of them incurred since the commencement of his Lease was the question and it was adjudged that he should be charged and three points were stirred and debated in the argument of that case 1. Whether the Proxies were utterly extinct by the suppression dissolution of the said Religious Houses of St. John of Jerusalem and Thomas-Court notwithstanding the Saving within the Act of Dissolution 2. Whether the Bishop can grant the Proxies to the King 3. Whether the Proxies were extinct in the hands of the King by the unity of possession For the first point it was objected by the Counsell of Sir Ambrose Forth that these Proxies were extinct by the suppression and dissolution of those Religious Houses for that the visitation of these Religious Houses was the sole cause of the payment of Proxies Et cessante causa cessat effectus For those Religious persons being deraigned and dispersed were not after that subject to Visitation and then when the Visitation ceased the Proxie being also an exhibition given to the Visitor for his travelling charges shall cease also For Procuratio as the Canonists define it est exhibitio sumptuum necessariorum facta praelatis qui dioeceses peragrando Ecclesias subjectas visitant Yet they agree that the Visitation ceaseth not immediately by the surrender or by the Act of Parliament which giveth those Religious Houses and their possessions to the Crown for by that their Corporations were not dissolved as 't is held in the Case of the Dean and Chapter of Norwich in the third part of the Lord Cokes Reports 15. Ass p. 8. 32 Hen. 8. Br. Corporations 78. But when those Religious persons were deraign'd and had relinquished their habit rule and order for which they were visitable then the Corporation was utterly dissolved and upon that the Visitation ceased And they resembled the Proxie due for Visitation to an Annuity pro consilio or pro servitio impendendo If the Counsel or Service be withdrawn the Annuity is determined So if a rent charge be granted for a high-way stop the way and the Rent-charge shall be also stopped 9 Edw. 4.19 15 Edw. 4.2 21 Ed. 3.7 45 Edw. 3.8 Dier 6. Hen. 8.2 6 Ed. 6.76 So also where a Corodie is granted for certain service to be done Omission of the service determines the Corodie 20 Edw. 4. fol. ultimo 'T was also said that this duty was not annuall but contingent and payable only at every visitation as Escuage for every journey Royall or as Aid for marrying of a Daughter or for making a Sonne a Knight In which last Cases if an Avowry be made for Aid 't is a good plea in barre thereof to say that the Avowant had not such sonne or Daughter alive at the time of the Aid levied N. N. Br. 82. g. And for the Saving they said that the same was a Flattering Saving which could not preserve the Proxies in being which the Law had extinguished as it was held 14 Eliz. Dier 313. That the Tenure of Obit or Chauntry Lands held of Subjects are extinct by the Act of 1 Ed. 6. notwithstanding the Saving in the said Act propter absurditatem So the Proxies in like manner shall also be extinguished proptor absavditatem For as it is absurd that the King should be subject to attendance in respect of Tenure so it is absurd that the King should be subject to Visitation or to any duty in respect thereof And of the same nature are many Savings put in Walsinghams Case Plow Com. 563. which are there called Flattering Savings For the second point it was objected That the Bishop could not grant the Proxies to the King for two Reasons The one deduced from the person of the King the other from the person of the Bishop First for the King admit that he were capable of such Spirituall Office as to be Visitor of Religious persons yet shall be not have Proxies in respect of Inconveniency and Indecency and also Impossibilâ—ty for it is not convenient or decent that these poor Religious persons should bear the charges of the King and it is also impossible for by the Canon Law Procuratio exhibendaâ—est secundùm qualitatem personae visitantis And the Majesty of the Kings person and the greatness of his Train is such that by praesumption of Law no private person can bear his necessary charges or make entertainment for him correspondent to the quality of his person And therefore 't is held 27 Henr. 8.10 b. That where Common sins number was granted to an Abbat and his Successors out of the Manor of Dale that after the Dissolution the King shall not have the Common sans number for it is there said that if the King have it he may surcharge the Land which the Law will not suffer As if a Villain purchase Common sans number the Lord shall not have it for the reason aforesaid for then the Ter-tenant may lose the profit of the Land For the Bishop though lie may grant his Temporall possessions with the assent of his Chapter or Clergie yet those duties that he hath by Prerogative of his Episcopall chair or as incident to his Spirituall function he cannot grant which according to the Rule of the Canon Law are of three kinds 1. Subisdium Cathedraticum which is a duty of Prerogative and Superiority 2. Quarta Episcopalis which is given to him for the Reparation of Churches 3. Procurationes for his visitation ut supra which is a perquisit or profit of his Spirituall Jurisdiction as Creation money given to a Duke or Earl for maintenance of his honour cannot be granted over 6 Hen. 8. Dier 2.2 For the third point they said that albeit the Proxie be a personall thing payable only in respect of the persons visitable yet admit that these Proxies are become reall and that the Commandery and Rectory be charged with the same Proxies then the unity of Possession extinguisheth them in the hands of the King As a Lordship Rent-charge Common and the like are extinguished by the purchase of the Tertenant if he hath equall estate in the Land and in the thing which chargeth the Land And to this purpose the Case of 2 H. 4.19 a. was put where 2 Prior had an Annuity out of a Parsonage by Prescription the Parsonage is appropriate to the Priory and the Annuity is extinguish'd for ever But on the other part it was answered by the Kings Councell and resolved by the Court. 1. THat the said Proxies were not extinguished by the Dissolution of the said Religious Houses but were well preserved and saved to the Bishop 2. That the Bishop had well granted them to the King 3. That the unitie of possession in the Kings hand did but suspend not extinguish the Proxies As to the first point it was observed First that Proxies
had not their originall in the primitive Church for St. Paul visiting all the Churches which he had planted in Asia and Europe demanded not any Proxies but laboured with his own hands for his maintenance that he might not be burdensome to the Churches Yet long after the Canon Law which declares that Proxies are due to the Bishops in their Visitations saith Inslit Juris Canon l. 2. ca. de Cens that it is agreeable to the doctrine of St. Paul Vt a quibus spiritâ—alia recipimus eisdem temporalia communicemus Secondly 't was noted that the same which we call Proxie or Procuracy is termed by the Canonists Procuratio because that in overy Visitation the persons visited procured necessary provision for the Visitors which provision at the first was in victuals viz. in Esculentis â—oâ—ulentis and that was do be received with moderation and temperance Distinct 35. c. Eccles Ne jejuniorum doctrinam rubentibus buccis praedicent as it is said in one of the Canons But afterwards when the pomp and excesse of the Visitors required so great Provisions as were grievous and intolerable to Churches and Religious Houses then every Church and Religious House was reasonably taxed and thereby Proxies reduced to a certain sum of money payable yearly in the nature of a Pension to the Ordinary who had power of visitation merojure as 't is said 10 Eliz. Dier 273. b. And this was aptly resemble to Socage in our Law of which littleton saith That in ancient time a great part of those Tenants which held of their Lords by Socage did come with their Sokes their Ploughs certain dayes in the year to plough and sow the Demesnes of the Lord and because that such workes were done for the livelyhood and sustenance of their Lords they were acquitted against their Lords of all other services Afterwards these services were changed into money by consent of the Lords desire of the Tenants that is into an annual rent And as the Tenants in Socage after the said change paid their rents yearly to the Lord although he had aliened his demesnes and had no land to be ploughed or sowed so the Churches Religious Houses after the Procurations of victuals were reduced to a certain sum paid them yearly to their Ordinary though he made no Visitation and so the Rule of Cessante causââ—cessnt effectus holds not in these Cases And to this purpose directly is Sir William Capels Case put in Luttrels Case in my Lord Coke his fourth Report where it was resolved That Land being holden by a Rent payable for the keeping of a Castle that though the Castle be demolished or decayed yet the rent must be paid For 't is there said That where the Tenant holdeth of the Lord to keep or repair the Castle of the Lord and afterward such service as Littleton saith in the Case of Socage was anciently by mutuall consent of Lord and Tenant changed into an annual rent although the said rent be pro warda Castri yet the Lord cannot have the keeping of the Castle back again when he will for after the composition and change made the keeping of the Castle is utterly gone And Pro imports no condition as in the Case of an Annuity granted pro consilio impendendo but a plain and perpetuall recompence and satisfaction By the self-same reason in our Case albeit that the Parsonages impropriate are now made layfee ad are come into the hands of lay Gentlemen which are not visitable and though that the Religious Houses are suppressed dissolved and overthrown as the Castle in Sir William Capels Case yet the said certain summes of money which came in lieu of Proxies and retain the name of Proxies and by ancient composition are become parcel of the certain and settled Revenues of the Bishop shall remain for ever and shall not be subject to exinguishment no more then Annuities Pensions or Portions of Tythes which are paid to this day out of many Abbies impropriate Rectories and the originall causes for which they were first granted or paid shall not be now examined or brought into question And at this day the King himself doth pay and allow Proxies out of all Impropriations which he hath in his possession and therefore in every Lease made by the King of an impropriate Rectory the Lessee doth covenant to discharge all Proxies Synodals Pensions c. And Sir Humphry Winch then chief Baron at the hearing of the said Cause said That before the dissolution of Monasteries where a Rectory was Appropriate to an Abbey immediately the Visitation ceased as to the Rectory for the Abbat was not visitable as Rector for his doctrine but as Abbat for his rule and order And yet without question the Ordinary had his Proxies out of all Parsonages appropriate to Abbies as well before the dissolution as after And for the Saving in the Act de 3â— Hen. 8. ca. 5. the same is no idle or Flattering Saving but reall and effectuall for it is agreed before that those Proxies were in being at the time of the making of the Act and not extinguished by the surrender of the Religious Houses for their Corporations were not dissolved untill the Religious persons had relinquished their houses and were dispersed And then such things as were in Esse at the time of the making of that Act might well be preserved saved by the Act though the things extinct before could not be revived by a Saving without express words of Grant and Restitution And this difference appeareth plainly in the Case of Kekewich 27 Hen. 8. Brook Parliaments 77. And in Sir John Molins Case in the sixth part of my Lord Cokes Reports 2. As to the second point it was resolved That Proxies in their originall nature being duties payable for visitation were grantable to the King and the King was capable of such grant especially when the said duties were converted to a summe of money certain in the nature of a Pension or Annuity for by the ancient Law of the Realm the King hath power to visit reform and correct all abuses and enormities in the Church and by the Statutes made in the time of Hen. 8. the Crown was only remitted and restored to its ancient jurisdiction which was usurped by the Bishop of Rome 33 Ed. 3. Fitz. Aid del Roy. 103. Reges sacro oleo uncti spiritualis jurisdictionis sunt capaces And Proxie is a profit of Jurisdiction 10 Hen. 7.18 Rex est mixta persona cum Sacerdote Also by the Common Law the King might have Tithes of which no meer lay person is capable 22. Ass p. 75. 21 H. 7.1 The King himself shall visit his Free Chappels and Hospitals 8. Ass p. 29. N. Br. 42. a. And Cassaneus in Catalogo Gloriae mundi part 5. consider 24. cites a text of the Canon Law viz. Quòd omnes Reges dicuntur Clerieâ— and another text that saith Quòd causa spiritualis committâ— potest Principt