Present within Four months next after the Church becomes void but if the Patronage be Ecclesiastical then within Six cap. unico de Jur Patronat in 6. Concerning Appropriations of Churches the first thereof since the Conquest appears to be that of Feversham and Middleton in Kent An. 1070. granted by William the Conquerour to the Abbey of St. Austins in Canterbury in manner following viz. In Nomine c. Ego Willielmus c. ex his quae omnipotens Deus sua gratia mihi largiri est dignatus quaedam concedo Ecclesiae S. Augustini Anglorum Apostoli c. pro salute Animae meae Parentum meorum Predecessorum Successorum haereditario jure haec sunt Ecclesiae Decimae duarum Mansionum viz. Feversham Middleton ex omnibus redditibus qui c. omnibus ibidem appendentibus terra sylva pratis aqua c. Haec omnia ex integro concedo S. Augustino Abbati Fratribus ut habeant teneant possideant in perpetuum which was afterward Confirmed by Pope Alexander the Third and Ratified by Theobald Archbishop of Canterbury together with an Establishment and Ordination of a Vicarage by the said Archiepiscopal Authority in each of the said Churches respectively The like you have for the Appropriating of three other Churches to the same Abbey viz. of Wyvelsberg Stone and Brocland in Kent by the Charter of Ed. 3. above Three hundred years since Confirmed by Pope Clement's Bull and Ratified by Simon Mepham then Archbishop of Canterbury with his Establishment of Three perpetual Vicarages to the said Churches Which Charter is to this effect viz. Nos de gratia nostra speciali pro C. Libris quas praefati Abbas Conventus nobis solvent c. Concessimus Licentiam dedimus pro Nobis haeredibus nostris quantum in Nobis est ejusdem Abbati Conventui quod ipsi Ecclesias praedictas Appropriare eas sic Appropriatas in proprios usus tenere possint sibi Successoribus suis in perpetuum nisi in hoc Quod Nos tempore vacationis Abbatiae praedictae si contigerit Ecclesias praedictas vel aliquam earundem tunc vacare Nos Jus Praesentandi ad easdem amitteremus sine occasione vel impedimento Nostri vel haeredum nostrorum quorumcunque Hujus Data est sub An. Do. 1349. The Modern Church-Historian of Britain in his Eleventh Book pag. 136. calls to remembrance That about An. 1626. there were certain Feoffees a whole dozen of them though not incorporated by the Kings Letters Patents or any Act of Parliament yet Legally he says settled in Trust to purchase in Impropriations and that it was incredible how then possible to be believed what large Sums were advanced in a short time towards that work But then withal tells us somewhat that is Credible viz. That there are 9284 Parochial Churches in England endowed with Glebe and Tithes but of these when the said Feoffees entered on their work 3845 were either Appropriated to Bishops Cathedrals and Colledges or Impropriated as Lay-Fees to Private persons as formerly belonging to Abbeys The Redeeming and Restoring he does not mean to the Abbeys was the design of these Feoffees as to those in the hands of Private persons but re infecta the Design proved abortive A Commendam or Ecclesia Commendata so called in contradistinction to Ecclesia Titulata is that Church which for the Custodial charge and government thereof is by a revocable Collation concredited with some Ecclesiastical person in the nature of a Trustee vel tanquam fidei Commissarius and that for the most part only for some certain time absque titulo for he that is Titularly Endowed hath the possession of the Church in his own Name and in his own proper Right during his life hence it is that in the Canon Law a Church collated in Commendam and a Church bestowed in Titulum are ever opposed as contraries vid. Hist Concil Trident. lib. 6. pag. 600. Duaren de Benefic lib. 5. cap. 7. Thus King Edgar Collated Dunstan Bishop of Worcester to the Bishoprick of London by way of Commendam Rex Edgarus says Radulph de Diceto in his Abbreviat Chronicorum Lundoniensem Ecclesiam proprio Pastore viduatam commisit regendam Dunstano Wigornensi Episcopo Et sic Dunstanus Lundoniensem Ecclesiam Commendatam habuit non Titulatam dict Radulph de An. 962. It is supposed that the first Patent of a Commendam retinere granted in England by the King to any Bishop Elect was that which King Henry the Third by the advice of his Council in imitation of the Popes Commendams then grown very common granted by his Letters Patents to Wengham then Chancellor of England notwithstanding his insufficiency in the knowledge of Divinity to hold and retain all his former Ecclesiastical Dignities and Benefices whereof the King was Patron together with his Bishoprick he then succeeded Fulco Bishop of London for so long time as the Pope should please to grant him a Dispensation whose Dispensation alone would not bar the King to Present to those Dignities and Benefices being all void in Law by making him a Bishop He had also the like Patent of Commendam retinere as to his Benefices and Ecclesiastical Preferments in Ireland And this Patent of such a Commendam being made by the King his Lords and Judges is for that reason the more remarkable vid. Le Hist. of the Church of Great Britain pag. 84. According to the proper and ancient Account Commendams were originally introduced in favour and for advantage of the Church which is Commended in favorem utilitatem Ecclesiae quae Commendatur Imola in ca. Nemo de Elect. in 6. says that Commendams are not to be Nisi ex evidenti Ecclesiae Commendatae necessitate vel utilitate The distinction of Temporal and Perpetual Commendams in the Canon Law is of no great use with us indeed in the Church of Rome according to the former mode of Commendams a vacant Church is Commended either by the Authority of the Pope if it be a Cathedral ca. penult ult 21. q. 1. or by the Authority of the Bishop if it be a Church Parochial This is commonly Temporal or for Six months and is in utilitatem Ecclesiae the other commonly Perpetual and are magis in subventionem eorum quibus commendantur quam ipsarum Ecclesiarum And a Commendatary for life is the same in reality with the Titular These Commendams in their Original were Instituted to a good purpose but after used to an evil end For when by reason of Wars Pestilence or the like the Election or Provision could not be made so soon as otherwise it might the Superiour did Recommend the vacant Church to some honest and worthy person to govern it besides the Care of his own until a Rector were provided who then had nothing to do with the Revenues but to govern them and consign them to another But in process of
of King Kanute made for the indemnity of such as should have recourse to Tribunals for their safe coming and going to and from Courts of Justice Et volo ut omnis homo pacem habeat eundo ad gemotum vel rediens de gemoto id est placito nifi fit fur probatus It is a word from the Saxon 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 convenire unde Nostratium to meet But this digression the Reader must put on the Abbots score in regard the word Abbates gave the occasion thereof which may be but a Venial offence in regard that that Ecclesiastical Dignity is with us laid aside though their Possessions had better Fortune yet when King H. 8. did dissolve them he did not only augment the number of Colledges out of the Revenues thereof but also erected divers new Bishopricks as at Westminster Oxford Peterborough Bristol Chester and Glocester all remaining at this day save that at Westminster which being restored to its pristine Institution by Queen Mary and Benedictines placed therein was after by Queen Elizabeth converted to a Collegiate Church In this Chapter there is mention also made of Chauntries Cantaria or if you please Aedes Sacra ideo Instituta Dotata Praediis ut missa ibidem Cantaretur pro anima Fundatoris propinquorum ejus Ita Spelm. Of these and Free Chappels about 2374. were dissolved by King H. 8. to whom they were given by Parliament in the 38th year of his Reign The Religious Houses under 200 l. per An. were granted to him in An. 1535. All greater Monasteries in An. 1538. The Chantery and Free Chappels in An. 1545. Of these Chanteries Forty seven belonged unto St. Pauls London And as for Annates or First-Fruits it is Historically reported to us that they were first introduced into England in the time of King Edward the First by Pope Clement who succeeded Benedict For this Pope Clement after the death of Pope Benedict was no sooner Elected and Enthron'd in France but he began to exercise his new Rapines here in England by a compliance with the said King Edward in granting him a Two years Disme from his Clergy for his own use though pretended for the aid of the Holy Laud that with the more ease himself might exact the First Frutts of vacant Ecclesiastical Benefices to augment his own Revenues though not within his own Territories This is said to be the first President of any Popes reserving or exacting Annates or First-Fruits of all Ecclesiastical Dignities and Benefices throughout England extant in our Histories which though reserved but for Two years by the Pope at first yet afterwards grew into a Custome by degrees both in England and elsewhere And thus they remained in the Pope until an Act of Parliament entituled the Crown thereunto in the time of King Henry the Eighth which afterwards were restored again to the Pope by Queen Mary but in the first year of Queen Elizabeth an Act pass'd for restoring the Tenths and First-Fruits to the Crown Notwithstanding what some Historians have as aforesaid reported touching the first introduction of First-Fruits into England by Pope Clement in the time of King Edward the First it is most evident that they were to be yielded and paid here in England some hundreds of years before that time as appears by the Laws of Ina King of the West Saxons who began his Reign in the year 712. The Law was this viz. Primitias seminum quisque ex eo dato domicilio in quo ipso Natali die Domini commoratur Lambert de Leg. Inae Reg. And by the Laws of King Edgar who began his Reign in the year 959. it is Ordained in these words Ex omni quidem ingeniorum terra ipsae Seminum Primitiae primariae penduntor Ecclesiae Idem de Leg. Edgari Reg. Ipsas autem Seminum Primitias sub Festum Divi Martini reddito Ibid. The like you have in the Laws of King Kanute who began his Reign in the year 1016. Seminum Primitiae ad Festum Divi Martini penduntor si quis dare distulerit eas Episcopo undecies praestato ac Regi Ducenos viginti Solidos persolvito Idem Lamb. It is supposed that Boniface Archbishop of Canterbury in the Reign of Ed. 3. was the first that made way for Popes to Appropriate Annates and First-Fruits in this Kingdom to themselves for the said Archbishop An. 1246. upon a feigned pretence that his Church of Canterbury was involved in very great Debts by his Predecessor but in truth by himself to carry on Forein Wars and gratifie the Pope procured from Pope Innocent a grant of the First years Fruits of all Benefices that should fall void within his Diocess for the space of Seven years till he should thence raise the Sum of Ten thousand Marks yearly out of the Bishoprick So that this Grant of First Fruits of Benefices to Boniface the said Archbishop made way for Popes Appropriating First-Fruits and Annates to themselves soon after But in process of time the Parliament having as aforesaid settled them on King H. 8. there was an Office thereof established in London An. 1538. whereby the Kings Revenue increased exceedingly from this Office for the receipt of Tenths and First-Fruits which was then first erected in London such Moneys being formerly paid to the Pope for that the Tenths and First-Fruits of the English Clergy were yearly return'd to Rome But now the Pope being dead in England the King was found his Heir at Common Law as to most of the Power and Profit he had usurped and the Rents which the Clergy paid were now changed together with their Landlord for Commissioners whereof the Bishop of the Diocess was ever one were appointed to estimate their Annual Revenues that so their Tenths and First-Fruits might be proportioned accordingly At this time the Oblations from the Living and Obits from the Dead were as duly paid as Predial Tithes and much advanced the Income but Queen Mary did after by Act of Parliament exonerate the Clergy from all these First-Fruits and ordered the payment of the Tenths to Cardinal Poole for discharge of Pensions allowed to certain Monks and Nuns but Queen Elizabeth in the first year of her Reign resumed these First-Fruits and Tenths only Personages not exceeding ten Marks and Vicarages ten Pounds were freed from First-Fruits vid. Stat. 1 Eliz. cap. 4. That which in the method of the ensuing Treatise next offers it self to consideration is Altarage Altaragium taking its denomination from the Altar because to speak properly Altargium est Emolumentum Sacerdoti provenieus ratione Altaris ex Oblationibus sc vid. Jo. de Athon in Constit. Legatim Otho c. Auditu ver Proventus Touching this Altarage there is an Ancient Record in the time of King H. 3. about the year 1234. in the Chronicle of William Thorne the Augustine Monk of Canterbury whereof among other things there is mention made in a certain Composition between Edmond Archbishop
West-Saxons in the borders of Worcester and Herefordshire under an Oak thereby tacitly reproving the Idolatry of the Pagan Britains who acted their Superstitions under an Oak as the Learned Sr. H. Spelman observes In the Tenth Century King Edward the Elder Son of King Alfred called a Synod at Intingford where he confirmed the same Ecclesiastical Constitutions which King Alured had made before Many Councils were Conven'd during the Reign of King Athelstan as at Exiter Feversham Thunderfield London and at Great Lea which last is of most account in regard of the Laws therein made specially that concerning the payment of Tithes the which you may peruse in the Learned Sr. H. Spelm. Concil p. 405. During the Reign of King Edgar Hoel Dha held a National Council for all Wales at Tyquin which was wholly in favour of the Clergy this Council was held when Dunst in was Archbishop of Canterbury in whose time there were Two other Councils conven'd the one at Cartlage in Cambridgshire the other at Caln in Wiltshire After this William the Conqueror conven'd a Council of his Bishops at Winchester wherein himself was personally present with two Cardinals sent from Rome in this Council Stigand Archbishop of Canterbury was deposed and Lâ—â—frank a Lombard substituted in his room During the Reign of King Henry the First Anselm Archbishop of Canterbury summoned a Council at Westminster which Excommunicated all Married Priests half the Clergy at that time being Married or the Sons of Married Priests During the Reign of King Stephen Albericus Bishop of Hostia sent by Pope Innocent into England conven'd a Synod at Westminster wherein it was concluded That no Priest c. should have a Wife or a Woman in his house on pain of being sent to Hell Also that their Transubstantiated God should dwell but Eight days in the Box for fear of being Worm-eaten or moulded Under the Reign of King Henry the Second who disclaimed the Popes authority refused to pay Peter-pence and interdicted all Appeals to Rome a Synod was called at Westminster wherein was a great Contest between the two Archbishops of Canterbury and York for Precedency York appeals to Rome the Pope interposes and to end old Divisions makes a new distinction entituling York Primate of England and Canterbury Primate of all England Under the Reign of King Henry the Third a Council was held at Oxford under Stephen Langton Archbishop of Canterbury wherein many Constitutions were made as against Excess of demands for Procurations in Visitations against Pluralities Non-Residence and other abuses of the Clergy In the Ninth year of King Edward the First John Peckham Archbishop of Canterbury held a Council at Lambeth with his Suffragans some account whereof Walsingham gives us in these words viz. Frater Johannes Peckham Cantuariensis Archiepiscopus ne nihil fecisse videretur convocat Concilium apud Lambeth in quo non Evangelii Regni Dei praedicationem imposuit sed Constitutiones Othonis Ottobonis quondam Legatorum in Anglia innovans jussit eas ab omnibus servari c. Walsing in Ed. 1. He then made Sixteen Ecclesiastical Laws which are inserted among the Provincial Constitutions After this he summoned another Council of his Clergy at Reading wherein he propounded the drawing of all Causes concerning Advowsons to the Ecclesiastical Courts and to cut off all Prohibitions from the Temporal Courts in Personal Causes but upon the Kings express Command to desist from it this Council was dissolved Parker de Antiq. Eccles Anglic. fo 205. An 1290. During the Reign of King Henry the Fourth Thomas Arundel Archbishop of Canterbury conven'd a Synod at St. Pauls Church Lond. wherein the King joyned with them in punishing all Opposers of the Religion received Trussel de vita H. 4. Under King Henry the Fifth an Universal Synod of all the Bishops and Clergy was called at London where it was determined That the day of St. George and also of St. Dunstan should be a double Feast in holy Church In the same Kings Reign was a Convocation held at London conven'd by Henry Chichley Archbishop of Canterbury wherein were severe Constitutions made against the Lollards In the Reign of King Henry the Seventh a Synod was held at London by John Morton Archbishop of Canterbury to redress the Excess of the London Clergy in Apparel and frequenting of Taverns We had almost omitted the Synod in England An. 1391. under the Reign of King Richard the Second Simon Sudbury then Archbishop of Canterbury in which Synod it was Ordain'd That whosoever Appealed to Rome besides Excommunication should lose all his Goods and be Imprisoned during his Life vid. Hist of the Church of Great Britain p. 117. A Modern and Ingenious yet unfortunate Author well observes a Fourfold difference or distinction of Synods or Convocations in this Realm in reference to the several manners of their Meeting and degrees of their Power The First he states in point of Time before the Conquest The Second since the Conquest and before the Statute of Praemunire The Third after that Statute but before another made in the Reign of King H. 8. The Fourth after the 25th of the said King 1 Before the Conquest the Popes power prevailed not over the Kings of England who were then ever present Personally or Virtually at all Councils wherein matters both of Church and State were debated and concluded Communi consensu tam Cleri quam Populi Episcoporum Procerum Comitum nec non omnium Sapientum Seniorum populorumque totius Regni 2 After the Conquest but before the Statute of Praemunire the Archbishops used upon all emergent Cases toties quoties at their own discretions to assemble the Clergy of their respective Provinces where they pleased continuing and dissolving them at their pleasure which they then did without any leave from the King whose Canons and Constitutions without any further Ratifification were in that Age obligatory to all subjected to their Jurisdiction Such it seems were all the Synods from Lanfranck to Thomas Arundel Archbishop of Canterbury in which Arundels time the Statute of Praemunire was Enacted 3 After which Statute which much restrained the Papal power and subjected it to the Laws of the Land the Archbishops called no more Convocations by their sole and absolute Command but at the pleasure of the King by whose Writ and Precept only they were now and henceforth Summoned Of this Third sort of Convocations were all those kept by and from Thomas Arundel unto Thomas Cranmer or from the 16th of R. 2. unto the 25th of King H. 8. These Convocations also did make Canons as in Lindwoods Constitutions which were Obligatory although confirmed by no other Authority than what was meerly Synodical 4 The last sort of Convocations since the said Statute called the 25th of King H. 8. That none of the Clergy should presume to attempt alledge claim or put in ure any Constitutions or Ordinances Provincial or Synodals or any â—â—her Canons Constitutions or Ordinances Provincial by
Secular who within that Province whereof he is Archbishop hath next and immediately under the King Supream power Authority and Jurisdiction in all causes and things Ecclesiastical Of such there are only Two in England one of the Province of Canterbury styled Metropolitanus Primas Totius Angliae the other of York styled Primas Metropolitanus Angliae Under the two Archbishops are twenty six Bishopricks whereof twenty two in the Province of Canterbury and four in the Province of York so that besides the two Archbishops there are twenty four Bishops The Christian Religion in England took root first in the See of Canterbury St. Austin who first preached the Gospel to the one was the first Archbishop of the other Canterbury once the Royal City of the Kings of Kent was by King Ethelbert on his Conversion bestowed on St. Augustine the Archbishop and his Successors for ever and so the Chair thereof became originally fixed in that City of Canterbury Cantuarienses Archiepiscopi Dorovernenses antiquitus dicti sunt quia totius Anglicanae Ecclesiae Primates Metropolitani fuerunt The Archbishop whereof being styled Primate and Metropolitan of all England is the first Peer of the Realm and hath Precedency not only before all the Clergy of the Kingdom of England but also next and immediately after the Blood Royal before all the Nobility of the Realm Sr. Edward Cokâ— says more and lets us to understand That in Ancient time they had great Precedency even before the Brother of the King as appears by the Parliament Roll of 18 E. 1. and many others which continued until it was altered by Ordinance in Parliament in the Reign of H. 6. as appears by a Roll of Parliament of that Kings Reign entred in the Back of the Parliament Roll. The Precedency in Parliament and other Places of Council at this day is That the two Archbishops have the Precedency of all the Lords Temporal and every other Bishop in respect of his Barony hath place of all the Barons of the Realm and under the estate of the Viscount and other Superiour Dignities And at this day in all Acts Ordinances and Judgments c. of Parliament it is said The Lords Spiritual and Temporal The Bishops among themselves have this Precedency 1. The Bishop of London 2. The Bishop of Duresme 3. The Bishop of Winchester The Archbishop of Canterbury as he hath the Precedency of all the Nobility so also of all the great Officers of State He writes himself Divina Providentia whereas other Bishops only use Divina Permissione The Coronation of the Kings of England belongs to the Archbishop of Canterbury and it hath been formerly resolved that wheresoever the Court was the King and Queen were Speciales Domestici Parochiani Domini Archiepiscopi He had also heretofore this Priviledge of special remark That such as held â—ands of him were liable for Wardship to him and to compound with him for the same albeit they held other Lands in chief of our Sovereign Lord the King All the Bishopricks in England except Duresme Carlisle Chester and the Isle of Man which are of the Province of York are within the Province of Canterbury The Archbishop whereof hath also a peculiar Jurisdiction in thirteen Parishes within the City of London and in other Diocesses c. Having also an Ancient Priviledge That wherever any Mannors or Advowsons do belong to his See they forthwith become exempt from the Ordinary and are reputed Peculiars and of his Diocess of Canterbury If you consider Canterbury as the Seat of the Metropolitan it hath under it twenty one Suffragan Bishops whereof seventeen in England and four in Wales But if you consider it as the Seat of a Diocesan so it comprehends only some part of Kent viz. 257 Parishes the residue being in the Diocess of Rochester together with some other Parishes dispersedly scituate in several Diocesses it being as aforesaid an Ancient Priviledge of this See that the places where the Archbishop hath any Mannors or Advowsons are thereby exempted from the Ordinary and are become Peculiars of the Diocess of Canterbury properly belonging to the Jurisdiction of the Archbishop of Canterbury whose Provincial Dean is the Bishop of London whose Chancellour is the Bishop of Winchester whose Vice-Chancellour anciently was the Bishop of Lincoln whose Precentor the Bishop of Salisbury whose Chaplain the Bishop of Worcester and the Bishop of Rochester when time was carried the Cross before him Lind. Const de Poenis gl ibid. c. 1. ver tanquam 2. The Metropolitan See of York had its Original at the first reception of the Gospel in England when King Lucius established Sampson the first Archbishop thereof Not long after the Conversion of the Saxons Paulinus by Pope Gregory's appointment was made Archbishop thereof An. 622. This Province of York anciently claimed and had a Metropolitan Jurisdiction over all the Bishops of Scotland whence they had their Consecration and to which they swore Canonical Obedience The Archbishop of York styles himself Primate and Metropolitan of England as the Archbishop of Canterbury Primate and Metropolitan of All England About two hundred years since viz. An. 1466. when George Nevil was Archbishop of York the Bishops of Scotland withdrew themselves from their obedience to him and had Archbishops of their own The Archbishop of York hath precedency before all Dukes not being of the Blood Royal as also before all the Great Officers of State except the Lord Chancellour Of this Province of York are the Bishopricks of Duresme Chester Carlisle and the Isle of Man who write themselves Eboracenses or Eborum The Diocess belonging to this See of York contains the two Counties of York and Notingham and in them 581 Parishes whereof 336 are Impropriations 3. It hath been question'd whether there be any difference between Archbishop and Metropolitan the DD. herein seem to be divided some conceiving that there is some difference between them others affirming that they are both one the Canon Law seems in a sense to favour each of these Opinions saying in one place that the Archbishop as President hath the charge and oversight of the Metropolitans and other Bishops 21. Dist Cleros In another place That Archbishop and Metropolitan are but one and the same in deed and in truth although they differ in Name Wilhel in Clem. ult de Privileg verb. Archiepiscopo vers fin Metropolitanus Archiepiscopus idem sunt Sed Metropolitanus nomen trahit à numero Ecclesiarum viz. à metro mensura polis Civitas Otho glo in verb. Archiepiscopus De Offic. Archiepisc He is called Archiepiscopus quasi Princeps Episcoporum in respect of the other Bishops whereof he is chief and Metropolitanus in respect of the number of the Cities or Cathedral Churches where the Bishopricks are Lindw ubi supr gl ib. ver Metropolitanum For the word Civitas doth signifie with us as it doth in other Kingdoms such a Town
which in the days of King Lucius was an Archbishoprick as aforesaid till St. Augustine in the year 598 took on him the Title of Archbishop of England setling his See at Canterbury 8. Upon the abrogating of the Popes power in England by King H. 8. in the Seventh year of his Reign it was concluded that the Archbishop of Canterbury should no more be styled the Popes Legate but Primate and Metropolitan of all England at which time Tho. Cranmer Fellow of Jesus-Colledge in Cambridge who pronounced the Divorce from Queen Katharine of Spain upon his advice given the King to leave the Court of Rome and to require the Opinions of Learned Divines being then in Germany procured such favour with the King that he caused him to be elected to this See of Canterbury and was afterwards with the then Bishop of Duresme made Tutor to King Edward the Sixth 9. The Archbishop of Canterbury was supposed to have had a concurrent Jurisdiction in the inferiour Diocesses within his Province which is not denied in the case of Dr. James only it is there said That was not as he was Archbishop but as he was Legatus Natus to the Pope as indeed so hâ— was before the tâ—me of King H. 8. as aforesaid by whom that Power together with the Pope was abrogated and so it ceased which the Archbishop of York never had nor ever claimed as appears in the forecited Case where it is further said That when there is a Controversie between the Archbishop and a Bishop touching Jurisdiction or between other Spiritual Persons the King is the indifferent Arbitrator in all Jurisdictions as well Spiritual as Temporal and that is a right of his Crown to distribute to them that is to declare their Bounds Consonant to that which is asserted in a Case of Commendam in Colt and Glovers Case against the Bishop of Coventry and Lichâ—ield where it is declared by the Lord Hobart Chief Justice That the King hath an immediate personal originary inherent Power which he executes or may execute Authoritate Regia Suprema Ecclesiastica as King and Sovereign Governour of the Church of England which is one of those Flowers qui faciunt Coronam which makes the Royal Crown and Diadem in force and vertue The Archbishop of Canterbury as he is Primate over All England and Metropolitan hath a Supereminency and some power even over the Archbishop of York hath under the King power to summon him to a National Synod and Archiepiscopus Eboracensis venire debet cum Episcopis suis ad nutum ejusâ— ut ejus Canonicis dispositionibus Obediens existat Yet the Archbishop of York had anciently not only divers Bishopricks in the North of England under his Province but for a long time all the Bishopricks of Scotland until little more than 200 years since and until Pope Sixtus the Fourth An. 1470. created the Bishop of St. Andrews Archbishop and Metropolitan of all Scotland He was also Legatus Natus and had the Legantine Office and Authority annexed to that Archbishoprick he hath the Honour to Crown the Queen and to be her perpetual Chaplain Of the forementioned Diocesses of his Province the Bishop of Durham hath a peculiar Jurisdiction and in many things is wholly exempt from the Jurisdiction of the Archbishop of York who hath notwithstanding divers Priviledges within his Province which the Archbishop of Canterbury hath within his own Province 10. The Archbishop is the Ordinary of the whole Province yet it is clear That by the Canon Law he may not as Metropolitan exercise his Jurisdiction over the Subjects of his Suffragan Bishops but in certain Cases specially allowed in the Law whereof Hostiensis enumerates one and twenty The Jurisdiction of the Archbishop is opened sometimes by himself nolente Ordinario as in the Case of his Visitation and sometimes by the party in default of Justice in the Ordinary as by Appeal or Nullities Again it may sometimes be opened by the Ordinary himself without the party or Archbishop as where the Ordinary sends the Cause to the Archbishop for although the Canon Law restrains the Archbishop to call Causes from the Ordinary Nolente Ordinario save in the said 21 Cases yet the Law left it in the absolute power of the Ordinary to send the Cause to the Archbishop absolutely at his will without assigning any special reason and the Ordinary may consult with the Archbishop at his pleasure without limitation Notwithstanding which and albeit the Archbishop be Judge of the whole Province tamen Jurisdictio sua est signata non aperitur nisi ex causis Nor is the Subject hereby to be put to any such trouble as is a Grievance and therefore the Law provides that Neminem oportet exire de Provincia ad Provinciam vel de Civitate ad Civitatem nisi ad Relationem Judicis ita ut Actor forum Rei sequatur 11. If the Archbishop visit his Inferiour Bishop and Inhibit him during the Visitation if the Bishop hath a title to Collate to a Benefice within his Diocess by reason of Lapse yet he cannot Institute his Clerk but he ought to be presented to the Archbishop and he is to Institute him by reason that during the Inhibition his power of Jurisdiction is suspended It was a point on a special Verdict in the County of Lincoln and the Civilians who argued thereon seemed to agree therein but the Case was argued upon another point and that was not resolved Likewise by the Statute of 25 H. 8. c. 21. the Archbishop of Canterbury hath power to give Faculties and Dispensations whereby he can as to Plurality sufficiently now Dispense de jure as Anciently the Pope did in this Realm de facto before the making of that Statute whereby it is enacted That all Licenses and Dispensations not repugnant to the Law of God which heretofore were sued for in the Court of Rome should be hereafter granted by the Archbishop of Canterbury and his Successors 12. By the Constitutions and Canons Ecclesiastical Edit 1603. Can. 94. It is Ordained That no Dean of the Arches nor Official of the Archbishops Consistory shall originally Cite or Summon any person which dwelleth not within the particular Diocess or Peculiar of the said Archbishop c. without the License of the Diocesan first had and obtained in that behalf other than in such particular Cases only as are expresly excepted and reserved in and by the Statute of 23 H. 8. c. 9. on pain of suspension for three months In the Case of Lynche against Porter for a Prohibition upon the said Statute of 23 H. 8. c. 9. it was declared by the Civilians in Court That they used to Cite any Inhabitant of and in London to appear and make Answer in the Archbishop of Canterbury's high Court of Arches originally And Dr. Martyn said It had been so used for the space of 427 years before the making of the Statute and upon
Provisions Appeals to Rome holding Plea of Spiritual things thence arising Excommunications by his Bulls and the like were no other than Usurpations and Encroachments on the Dignity and Prerogative Royal. 14. In the Reign of King H. 8. An. 1539. the Abbots of Colchester Reading and Glastenbury were condemned and executed under colour so the Author expresses it of denying the Kings Supremacy and their rich Abbies seized on as Confiscations to the use of the King But when the Act of Supremacy came to be debated in the time of Queen Elizabeth it seemed a thing strange in Nature and Polity That a Woman should be declared to be the Supream Head on Earth of the Church of England but the Reformed party not so much contending about Words and Phrases as aiming to oust the Pope of all Authority within these Dominions fixed the Supream power over all Persons and Estates of what rank soever in the Crown Imperial not by the Name of Supream Head but tantamount of the Supream Governess In Queen Mary 's time there was an Act of Parliament made declaring That the Regal power was in the Queens Majesty as fully as it had been in any of her Predecessors In the body whereof it is expressed and declared That the Law of the Realm is and ever hath been and ought to be understood That the Kingly or Regal Office of the Realm and alâ— Dignities Prerogatives Royal Power Preheminences Priviledges Authorities and Jurisdictions thereunto annexed united or belonging being invested either in Male or Female are be and ought to be as fully wholly absolutely and entirely deemed adjudged accepted invested and taken in the one as in the other So that whatsoever Statute or Law doth limit or appoint that the King of this Realm may or shall have execute and do any thing as King c. the same the Queen being Supream Governess Possessor and Inheritor to the Imperial Crown of this Realm may by the same power have and execute to alâ— intents constructions and purposes without doubt ambiguity question or scruple any Custome use or any other thing to the contrary notwithstanding By the tenor of which Act made in Queen Mary 's Reign is granted to Queen Elizabeth as much Authority in all the Church-Concernments as had been eâ—ercised and enjoyed by King H. 8. and King Ed. 6. according to any Act or Acts of Parliament in their several times Which Acts of Parliament as our learned Lawyers on these occasions have declared were not to be considered as Introductory of a new power which was not in the Crown before but only Declaratory of an old which naturally belonged to all Christian Princes and amongst others to the Kings and Queens of the Realm of England And whereas some Seditious persons had dispersed a rumour that by the Act for recognizing the Queens Supremacy there was something further ascribed unto the Queen her Heirs and Successors viz. a power of administring Divine Service in the Church which neither by any equity or true sense of the words could from thence be gathered she thereupon makes a Declaration to all her Subjects That nothing was or could be meant or intended by the said Act than was acknowledged to be due to King H. 8. and King Ed. 6. And further declared That she neither doth nor will challenge any other Authority by the same than was challenged and lately used by the said Two Kings and was of Ancient time due unto the Imperial Crown of this Realm that is under God to have the Sovereignty and Rule over all persons born within her Realms and Dominions of what estate either Ecclesiastical or Temporal soever they be so as no other Forreign Power shall or ought to have any Superiority over them Which Declaration published in the Queens Injunctions An. 1559. not giving that general satisfaction to that groundless Cavil as was expected and intended the Bishops and Clergy in their Convocation of the year 1562. by the Queens Authority and Consent declared more plainly viz. That they gave not to their Princess by vertue of the said Act or otherwise either the ministring of Gods Word or Sacraments but that only Prerogative which they saw to have been given always to all godly Princes in holy Scripture by God himself that is to say that they should Rule all Estates and Degrees committed to their charge by God whether they be Ecclesiastical or Temporal and restrain with the Civil Sword the stubborn and evil doers And lastly to conclude this tender point There is in the said Act for the better exercising and enjoying of the Jurisdiction thus recognized to the Crown an Oath as aforesaid for the acknowledgment and defence of this Supremacy not only in the Queen but also her Heirs and Successors Likewise a power given to the Queen her Heirs and Successors by Letters Patents under the Great Seal of England To Assign and Authorize c. as she and they shall think fit such Persons being natural born Subjects to exercise use and occupy under her and them all manner of Jurisdictions Priviledges and Preheminencies in any wise touching or concerning any Spiritual or Ecclesiastical Jurisdiction within the Realms of England and Ireland or any other her Highness Dominions or Countries and to visit reform repress order correct and amend all such Errors Heresies Schisms Abuses Offences Contempts and Enormities whatsoever which by any manner of Spiritual or Ecclesiastical Power Authority or Jurisdiction or can or may lawfully be reformed ordered redressed corrected restrained or amended to the pleasure of Almighty God c. This was the Foundation of the High-Commission Court and from hence issued that Commission by which the Queens Ministers proceeded in their Visitation in the First year of her Majesties Reign CHAP. II. Of Archbishops 1. A Description of that Dignity here in England the Antiquity Precedency Priviledges and Style of the Archbishop of Canterbury with the Precincts of that See 2. The Antiquity Precedency and Style of the Archbishop of York with the Precincts of that See 3. What difference between Archbishop and Metropolitan and why called Metropolitan 4. Three Archbishops in England and Wales Anciently 5. The vicissitudes of the Christian Religion Anciently in this Island of Great Britain 6. How the Third Archbishop came to be lost 7. The great Antiquity of an Archbishop in London 8. The Original of the Style Primate and Metropolitan 9. What the difference Anciently between the Two Archbishopricks of Canterbury and York certain Priviledges of the latter 10. Whether an Archbishop may call Cases to his own cognizance nolente Ordinario 11. In what Case the Clerk is to be Instituted by the Archbishop where the Inferiour Ordinary hath right to Collate Also his power of Dispensations 12. A Case at Common Law relating to the Archbish Jurisdiction 13. Certain special Priviledges of the Archbishop of Canterbury 1. ARCHBISHOP ab Archos Princeps Episcopus Superintendens is that Spiritual person
Corporate as hath a Bishop and a Cathedral Church Yet Crompton in his Jurisdictions in his Computation of our Cities doth omit Ely though it hath a Bishop and a Cathedral Church Thus Westminster is called a City and accordingly there is mention made of a Bishop of Westminster in a Statute made during the Reign of King Henry 8. But by Letters Patents dated 21. May 2 Eliz. in pursuance of an Act of Parliament of 1 Eliz. not printed the Revenues of that late Monastery were vested in the Dean and Chapter of the Collegiate Church of Westminster which hath caused Errors in the Pleadings of some Cases by styling it the Cathedral for Collegiate Church of Westminster Cassanaeus who wrote as well De Gloria Mundi in general as of the Customes of Burgundy in particular saith That France hath within its Territories 104 Cities and gives this Reason Because there are so many Seats of Archbishops and Bishops Yet Sir Edw. Coke observes Cambridge to be a City by ancient Record although it does not evidently appear that it ever was an Episcopal See And in the Stat. of 11 H. 7. c. 4. it is there called the Town of Cambridge 4. In England and Wales there were Anciently three Provinces and over them Three Archbishops whose Archbishopricks were founded above 1500 years since For soon after the Conversion of King Luâ—ius who began his Reign over the Britains An. 170. being prevailed with to embrace the Christian Faith by the perswasions of Elvanus who had been brought up at Glastenbury and of Medwanus both Britains and therein confirmed by the Divines which Eleutherius who became Pope An 177. sent into Britain for that end and purpose The said King being by them baptized the False Religion of the Druids with their Idols was soon abolished Heathen Temples purged and then consecrated to the service and worship of the True God and in the place of twenty eight â—lamâ—ns were Bishops consecrated the Three Archbishops whereof were founded in the Three chief Cities of the then Three Provinces erected by the Romans where Arch-Flamins had formerly been maintain'd viz. at London the Metropolis of Britannia Prima at York the Metropolis of Maxima Caesariensis and at Caerlegion in Wales which is said to be Caerleon upon Vske formerly called Isca in Monmouthshire the Metropolis or chief City of Britannia Secunda or under Vrbs Legionum Cambria Gildas antiquissimus inter eos qui fide digni sunt Britannicarum rerum scriptor tradit Britannos ab ortu Evangelii Christianam suscepisse fidem Ant. Brit. ubi supr Ac primum Paulum ipsum cum aliis Gentibus tum nominatim Britannis Evangelium nunciasse post priorem suam Romae incarcerationem Theodoret. l. 9. de Curand Graecor affect Origenes qui proximis fuit post Apostolos seculis testatur Britanniam in Christianam consentire Religionem Orig. Hom. 4. in Ezech. Lucius Rex Britanniae An. 179. Baptizatus Ab Eleutherio Pontiâ—ice Romano reformationem Angliae petiit Episcop 29. ordinavit Ant. Brit. fo 4 5 7. Before the coming of the Saxons into England the Christian Britains had three Archbishops viz. of London York and Caerleon in Wales The Archiepiscopal See of London was by the Saxons placed at Canterbury for St. Austins sake where he was buried That of Caerleon being translated to St. Davids and after subjected to the See of Canterbury 5. From this time to Dioclesians Perfecution which though the Tenth and last yet the first which the Britains felt Christianity flourished in this Island which â—y that Persecution was almost extirpated out of the Land till Constantine the Great wore the Imperial Crown in whose time it revived till the beginning of the next Century when it was infected with the Pelagian Heresie till the condemnation thereof in the Council of Carthage and Mela and happily suppressed by Germanus Bishop of Auxerre and by Lupus Bishop of Troys in Campeigne who at the request of the English Catholicks were sent by the French Bishops into England as at the same time and for the same end Palladius was by Pope Celestine into Scotland And now the Christian Religion flourished again till the time of the usurping Tyrant Vortiger who after he had slain Vodinus Archbishop of London was himself burnt in a Castle besieged by Aurelius Ambrose having first surrendred Kent Suffolk and Norfolk to the Infidel Heâ—gist who with his Saxons almost desolated the Land insomuch that Theanus Bishop of London and Theodiceus Bishop of York were forced to flie into Cornwal and Wales until St. Augustines coming hither where he then found only one Archbishop and seven Bishops being with forty others as Assistants to him sent hither by Pope Gregory to Convert the Nation whom Ethelbert King of Kent kindly received and seated him as aforesaid in a Mansion in Canterbury the Metropolis of his Kingdom and assigned him a place to erect a Bishops See who afterwards fixed his Seat at Canterbury whichever since hath continued the Metropolis of this Kingdom And thus St. Austin upon his Entrance into England by the favour and bounty of the said King Ethelbert having fixed his Seat at Canterbury the Archbishops thereof have by a continual Series or Succession continued as Metropolitans of all England 6. And whereas there were as aforesaid anciently Three Archbishopricks in Three distinct Provinces within this Kingdom whereof that of Caerleon upon Vske in Wales was one and whereof Dubritius in the year 466 was Archbishop who having his Seat at Landaff became for his integrity Archbishop of all Wales and was upon Resignation in his old Age succeeded in the Archbishoprick by his Disciple David Uncle toking Arthurn by whose consent he removed the See to Menevia of which place he still retaineth the name of Episcopus Menevensis and the Town it self thereupon called Twy Devi or Saint Davids as taking its denomination from his Name yet it afterwards so unhappily happened that Sampson a succeeding Archbishop upon a great Plague raging in Wales went to Dola in Little Britain and thither carried the Pall with him whereby St. Davids for ever after lost the dignity of an Archbishop And in the time of H. 1. both that See and the rest in Wales became subject to the Archbishop of Canterbury as at this day 7. In the time of King Lucius London had an Archbishop to whose Jurisdiction at that time the greatest part of England was subject This Archbishop was that Theanus forementioned who was the chief Founder and Builder of St. Peters Church in Cornhill London which was the Cathedral of his Diocess till King Ethelbert built St. Pauls Church In this See continued the Dignity of an Archbishop above 180 years but by reason of the Saxon Persecution stood void till that Ten years after the coming of St. Austin Melitus was consecrated Bishop of that See and so it continued ever after as a Bishoprick
Simony and the Error of the Nicholaitans whereof they counted such Priests guilty as had married Wives though they did not as the Nicholaitans make them Common At Mantua An. 1066. the Emperour Henry the Fourth assembled a Council for pacifying the Differences in the Roman Church between Alexander the Second and Candalus called Honorius the Second wherein Alexander was declared Pope and Candalus pardoned At Winchester Pope Alexander the Second by two Cardinals sent into England Assembled a Council to appease the Troubles of the Church in this Kingdom wherein they deposed certain Bishops and Abbots among whom Stigandus Bishop of Canterbury because he had possessed that Chair Robert Archbishop thereof being then alive and because he possessed another Bishoprick with it viz. the Bishoprick of Winchester At Friburgh anciently called Tributia the Bishops of Germany assembled themselves in a Council in which they declared the Archbishop of Bremen to be an Enemy to their Countrey except he delivered up the young Emperour Henry the Fourth to be educated according to the Covenant made between the Princes and Bishops of Germany during his Minority At Mentz An. 1069. a Council was assembled in order to a Divorce of the Emperour Henry 4. from his Wife from which he was disswaded by the Arguments of Petrus Damianus the Popes Nuncio for that purpose At Erfurd An. 1074. the Bishop of Mentz assembled a Council in order to an observance of a Command from Pope Gregory 7 th touching a separation of the Priests within the Bishoprick of Mentz from their Wives or else to depose them from their Offices By reason whereof as also by reason of the Bishops exaction of Tithes from Turingia this Council rose in a tumult and great confusion re infecta At Mentz An. 1075. the Bishop thereof being commanded by Pope Gregory 7 th to separate the Priests from their Wives convened a Synod but the married Priests so terrified the Bishop of Mentz and the Bishop of Chur the Popes Nuncio that this Council also as the former was dissolved and nothing done At Wormes the Emperour assembled all the Bishops of his Kingdom in order to a deposing of Pope Gregory 7 th otherwise called Hildebrand accused of Perjury Ambition Avarice and Pride The determination of this Council was That he should be removed from the Popedom which was Subscribed by all the Bishops present at the Council At Friburgh An. 1076. another Council was assembled wherein the Princes of Saxony and Sweve appeared in favour of the See of Rome against the Emperour Henry the Fourth At Rome by order of the Pope a Council was assembled in Lent wherein the Emperour Henry 4 th was not only Anathematiz'd but also denuded as far as in them lay of his Imperial Dignity At Brixia in the year 1080. the Emperour Henry 4 th assembled 30 Bishops of Germany and Italy together with many Princes of the Empire All which consented That Hildebrand should be deposed from the Popedom and Gilbertus Bishop of Ravenna placed in his room At Rome An. 1081. the Emperour Henry 4 th with the Advice of the Roman Senate appointed a Council to be Assembled wherein Hildebrand was deposed and Gilbertus otherwise Wigbertus to succeed in the Papacy This Council was called by the said Emperour soon after he had besieged and taken the City of Rome At Beneventum a Council was Assembled by Pope Victor the Third who before his Election to the Papacy was named Desiderius Abbot in Cassinates chosen by the Romans not regarding Gilbertus whom the Emperour had made Pope In this Council Victor the Third Anathematized Gilbertus Bishop of Ravenna At Clermont in Overnie of France in the year 1095. Vrbanus the Second convened a great Assembly wherein it was Ordained That an Army should be raised for support of the distressed Christians in Jerusalem and recovery of the Holy Land out of the hands of the Infidels The which was likewise Ordained in the Council of Placentia and other Councils of the lesser concern here omitted for Brevities sake In the next viz. the 12 th Century there were above 115 Councils To instance in the most material of them may suffice for this Abridgment At Paris Vrbanus the Second at the complaint of Alexius Emperour of Constantinople against the rage of the Turks assembled a Council of most Nations and was present himself thereat In this Council were appointed 100000 Men out of the Western Kingdoms for the Holy Land At Florence Pope Paschalis the Second convened a Council wherein the Bishop of Florence was called to an account for Preaching openly That Antichrist was already come for which he was sharply rebuked and commanded That for time to come he should utter no such Doctrine At London in the year 1102. in the Third year of the Reign of Hen. 1. King of England Anselmus Archbishop of Canterbury assembled a Council for prohibiting the Marriages of Priests and the year following was constrained to convene another Council at St. Pauls in London to make Constitutions for the punishment of such as defiled themselves with Sodomitical Lusts At Mentz An. 1106. a great Council was assembled against the Emperour Henry 4. whom they condemned of Heresie which was Simony because he would not resign the Right of Investure of Bishops into the Popes hands and having Excommunicated him took off his Imperial Crown At Troyes in France in the year 1107. Pope Paschalis the Second convened a Council which treated concerning the Investure of Bishops not to be in the power of Lay-persons At Triburia in Friburgh in the year 1119. the Bishops of Germany assembled concerning the Investure of Bishops and in opposition to the Emperour Henry the Fifth At Senon a Council was called against Abelardus by reason of his Heresie He was also accounted an Heretick in the Council of Soâ—sson The First Four Lateran Councils are comprehend under one and the same Title as more favouring the Roman Dissentions than the Doctrine and Discipline of the Church The first under Henry the Fifth and Calixtus the Second which had 300 or according to Bellarmine 900 Bishops and 22 Canons In this Council Burdinus the Anti-Pope was laid aside the vestures with the Ring and Staff were taken from the Emperour and given to the Pope who absolved the Emperour and gave him power of electing German Bishops In this Council there were appointed Crosses for the 〈◊〉 War by means whereof Pardon of Sins might be grant 〈◊〉 them that undertook that War and to their Families The Second Lateran Council was under Lotharius the Emperour and Innocentius the Second which increased to the number of about 2000 Bishops This Council omitted Thirty Canons lately published by Gratian from the Vatican Library which Bellarmine is said to reject It discharged Peter usurping the Roman See after Leo under the name of Anacletus the Second branded for Hereticks Peter of
p. 106. s 6. He hath Curam Curarum p. 32. s 14. Organs in a Church to whom they belong p. 167. s 18. if taken away where the Action lies p. 161. s 2. Ornaments of the Church at whose charge to be provided and how the same shall be charged p. 137. sect 4. p. 152. s 29. p. 154. s â—4 P PAgans the strange Punishments inflicted by them on Adulterers p. 470. Sect. 4. Pallium Episcopale a description thereof p. 23. s 2. Pander whether to call one so be Actionable p. 524. s 21. Pannagium what that word signifies p. 383. Pardon whether it may extend to prevent a Deprivation p. 312. s 15. Whether a General Pardon shall barr a Suit in the Ecclesiastical Court for Slander p. 121. s 19. In what case it may barr Costs of Suit p. 116. s 12. Pâ—rk disparked how Tithable p. 361. sect 20 21. p. 364 365. s 31. p. 427 428. How to be Tithed if converted into Tillage p. 361. s 20. p. 380. s 75. Parish the various acceptation of that word p. 355 356. sect 8. By whom Parishes were first divided p. 72. s 8 9. Parochial Bounds where Cognizable p. 126. s 37. p. 128. s 28. p 125. s 31. p. 157. s 40. p. 153. s 31. p. 380. s 74. Being Controverted between Spiritual persons are Cognizable in the Ecclesiastical Court p. 123. s 27. Otherwise at the Common Law p. ibid. s 28. p. 124. s 30. p. 126. s 37. Parish-Clerk by whom to be chosen p. 166. s 12. p. 192. s 15. Parson who properly such p. 185 186. s 1. He hath a double Capacity p. 193. s 16. Parson Imparsonee what p. 186. s 2. How he ought to be qualified to be a Parson p. 187. s 4. Requisites in Law for that Function ibid. What his Rights are p. 186. s 3. The difference between Parson Pastor Rector Vicar and Curate p. 186. s 1. Parsonage Church and Rectory are terms Synonymous p. 188. sect 6. Patridges and Pheasants though not Tithable yet paiable in lieu of Tithes p. 361. sect 20. What Tithes tame Patridges shall pay p. 428. Pasture the Law in reference to the Tithes thereof p. 428 429. Patria obedientiae and Patriae consuetudinariae the difference between them p. 130. s 44. Patriarch what p. 20. s 13. A Style or Title anciently given to the Archbishop of Canterbury p. ibid. Patron what he is and why so called p. 178. sect 1. p. 205. s 1. Who is properly the Patron of a Vicarage p. 199. s 9. Whether a Patron hath any thing to do in the Church during a Plenarty p. 191. s 12. His Consent requisite to Commandams Vnions and Appropriation of Churches p. 229. s 8. Paul or St. Paul whether he Preach'd here in England p. 16. Sect. 4. St. Pauls Church London by whom first built p. 17. Sect. 7. Paulinus Archbishop of York p. 14. Sect. 2. Pease in what Case not Tithable p. 429. Pelagius a Monk of Bangor his refusal to appear at Rome upon the Popes Summons p. 111. Sect. 8. Pelagian Heresie when this Kingdom first infected therewith and by whom suppressed p. 16. Sect. 5. Peculiars or the Court of Peculiars what it was p. 119. Sect. 16. How many Peculiars in the Province of Canterbury ibid. Pelts or Fells of Sheep dying of the Rot whether Tithable p. 429. Pensions suable in the Ecclesiastical Court p. 127. Sect. 41. p. 188. Sect. 6. p. 198. Sect. 5. p. 376. Sect. 57. Pentecostals what and whence so called p 73 74. Sect. 10. Peters Church in Cornhil London once the Cathedral of a Diocess p. 17. Sect. 7. By whom founded ibid. Peterpence what The Original thereof and why payed to Rome p. 73 74. Sect. 10. p. 112. Sect. 8. p. 356. Sect. 9. The Conquerors Law concerning the same p. 73. Sect. 10. Anciently taken from the Pope and given to the King p. 100. Sect. 2. Pews in the Body of the Church at whose disposal they are p. 137. Sect. 3. p. 156. Sect. 38. p. 158. Sect. ult vid. Seats Pheasants of what kind are Tithable p. 430. Though properly not Tithable yet as a Modus may be paid for Tithes p. 380. Sect. 75. Pictures in Church-windowes if pulled down whether Actionable p. 138. Sect. 5. Pigeons in what Case Tithable or not p. 430. Spent in the Owners House not Tithable p. 368. Sect. 37. p. 375. Sect. 53. Otherwise if sold ibid. Felony to steal them out of a Dove-house ibid. vid. Doves Pigs how Tithable p. 430. Pilchards and other Sea Fish whether Tithable and how p. 379 Sect. 68. Pimp whether and where Actionable to call one so p. 521. Sect. 16. Pits of Stone Lime c. whether Tithable p. 430. Plants transplanted whether Tithable p. 431. Plato 's Law concerning Adulterers p. 473. Sect. 9. Plurality what p. 292. Sect. 1. Who may grant or receive Pluralities p. 294. sect 3. Qualifications in Law touching Dispensations for Pluralities p. 295. Sect. 4. Whether the taking of a Parsonage with a Vicarage endowed amounts to a Plurality within the intent of the Statute p. 296. sect 5. The Text of Canon Law against Pluralities p. 300. sect 15. Pope when his usurpation in England first began p. 97. Sect. 1. When and by whom here first abrogated p. 18. Sect. 8. What his power was in granting Dispensations p. 5. Sect. 7. Postulation what p. 49. Sect. 8. Prebends what and why so called p. 35. Sect. 19. Prerogative Court of Canterbury the Jurisdiction thereof p. 104. Sect. 6. Prescription p. 431. to 436. The Law thereof in reference to Tithes ibid. and p. 358. Sect. 12. In what Court cognizable p. 367. Sect. 29. p. 125. Sect. 33. In what Case a Parson prescribing for Tithes may sue on that Prescription in the Ecclesiastical Court ibid. Prescription meerly Spiritual Cognizable in that Court p. 156. Sect. 39. Prescription to a Seat in a Church or to Priority in that Seat whether cognizable in the Temporal Court p. 138. Sect. 5. p. 140. Sect. 7. p. 142. Sect. 9. p. 149. Sect. 21. p. 155. Sect. 38. p. 147. Sect. 18. p. 151. Sect. 25. Whether a Prescription to Ecclesiastical things be Cognizable in the Ecclesiastical Court p. 153. Sect. 33. Prescription pleaded by a Parson against the first Endowment to the Vicar whether allowable p. 375. Sect. 54. Prescription de non decimando not denied to a Spiritual person p. 399. The difference between the Civil and Common Law in point of Prescriptions p. 129. Sect. 43. Praemonstracenses how discharged of Tithes p. 402. Presentation to a Benefice what p. 254. Sect. 4. Where the Right of Presentation is cognizable p. 256. Sect. 6. What the Law touching Presentation is in case of Copareeners Joynt-Tenants and Tenants in Common p. ibid. Sect. 7. How the Presentation is to be in case of Coheirs p. 255. Sect. 4. Whether a Presentation be revocable before Institution p. 258 259 Sect. 9 10. What Presentation shall serve for a Turn p. 262
Cognizable p. 137. Sect. 3. 4 p. 143. Sect. 10. p. 152. Sect. 26. In what Case it may be Cognizable at the Common Law p. 166. 15. Whether within the Cognizance of the Archdeacons Visitation p. 60. Sect. 7. Who and what shall be charged with such Reparations and how p. 137 138. Sect. 4. p. 144. Sect. 11. p. 145. Sect. 14. p. 147 148. Sect. 19. p. 150. sect 23. p. 152. Sect. 26. p. 175. Sect. 4. p. 153. Sect. 30. p. 157. Sect. 41. p. 149. Sect. 22. How the Tax for such Reparations shall be apportioned between Landlord and Tenant p. 154. Sect. 34. By whom the Chancel shall be Repair'd p. 175. Sect. 4. Inheritances not to be therewith charged in perpetuum p. 144. Sect. 13. Whether a Tax for such Reparations may be made by the Church-wardens only p. 148. Sect. 20. How to be in Case of Union of Churches p. 146. Sect. 16. How in respect of the Fabrick of the Church in distinction from that of the Ornaments thereof p. 154. Sect. 34. Whether those of a Chappel of Ease shall contribute to the Repairs of the Mother-Church p. 146. Sect. 16. p. 152. Sect. 28. p. 153. Sect. 33. p. 156. Sect. 39. p. 152. Sect. 28. Whether the Land next adjoyning â—o a Church-yard shall Repair the Fences thereof p. 166. Sect. 15. Residence in what Cases not required p. 320. Sect. 9. Resignation what p. 284. Sect. 3. Resignation-Bonds whether good in Law p. 189. Sect. 7. What words sufficient in Law to import a Resignation p. 191. Sect. 13. To whom it may be made p ibid. How and to whom the Resignation of a Donative may be made p. 191. Sect. 14. Whether it may be made conditionally p. 278. sect 14. Whether the Church becomes void thereby before the Bishop accepts it p. 261. Sect. 17. Review or the Court of Review or Commission Ad Revidendum p. 118. Sect. 15. The Ground thereof p. 4. Sect. 5. Revocations in Law of the Kings Presentation p. 266. Sect. 31. Right of Advowson how and for whom that Writ lies p. 649. Sect. 22. Right of Tithes Cognizable in the Ecclesiastical Court p. 127. Sect. 42. Rogation-weck whence so called with the Original thereof p. 130. Sect. 44. Roots of Coppice-wood grubbed up whether Tithable p 437. S. SAcriledge what whence so called how many ways it may be committed and the severe punishments thereof p. 528 c. The Sacrilegious were not anciently allowed the Sanctuary p. 141. sect 8. Saffron what Tithes it pays p. 438. To whom whether as great Tithes to the Parson or as small Tithes to the Vicar p. ibid. p. 198. Sect. 8. p. 361. Sect. 21. p. 366. Sect. 32. Salary of a Chaplain Triable in the Ecclesiastical Court p. 198. Sect. 4. Salt whether Tithable p. 438. Simpson whether the first Archbishop of York by whom established p. 14. Sect. 2. Sanctuary the Law thereof anciently p. 141. Sect. 8. Heretofore the foundation of Abjuration ibid. Not allowed to Traitors nor Sacrilegious persons p. 142. Sect. 8. Saxon Kings their care for the Government of the Church of England p. 97. Sect. 1. Their zeal for erecting and endowing of Churches p. 208. Sect. 4. How severely they punish'd Adultery p. 470. Sect. 4. Scotland when the Bishops thereo revolted from the Archbishop of York p. 14. Sect. 2. Seals of Office of Bishops c. how to be engraven and used p. 27 28. § 5. Scutcheon or Banners taken out of the Church by the Parson whether and for whom Action lies in that Case p. 61. Sect. 2. Seats in Churches p. 137. Sect. 3. p. 138. Sect. 4. p. 142. Sect. 9. p. 154 155. Sect. 36. p. 147. Sect. 18. p. 149. Sect. 22. How and by whom to be disposed of p. 137. Sect. 3 4. p. 149. Sect. 21. p. 150. Sect. 22. p. 154. Sect. 36. p. 155 156. Sect. 38. They belong of Right to the Ordinary to dispose of p. 138. Sect. 5. p. 140. Sect. 7. p. 142. Sect. 9. p. 158. Sect. ult p. 157. Sect. 42. p. 151. Sect. 25. Whether the Ordinary hath any thing to do with Noble men's Seats in Churches p. 151. Sect. 25. p. 157. Sect. 42. Custome may as to the Body of the Church six the power of disposing the Seats in the Church-wardens p. 151. Sect. 25. The grant of such a Seat to a Man and his Heirs whether good in Law p. 138. Sect. 4. To whom the chiefest Seat in the Chancel properly belongs p. 141. Sect. 7. The Cognizance of Seats in Churches properly belongs to the Ecclesiastical Court p. 157. Sect. 42. Whether he who having Lands in the Parish but living out of the Parish be chargeable with the Repairs of the Seats of the Parish-Church p. 150. Sect. 23. Sees or Bishops Sees whence so called p. 347. Sect. 1. Sepulchres and Monuments in Churches or Church-yards how and where the defacing thereof is punishable p. 142. Sect. 9. Sheep the Law in reference to the Tithe thereof as also of their Pasture and their Wool p. 438 439. p. 464. p. 359 360. Sect. 16 17. Sidemen what their Office is p. 163. Sect. 6. Anciently called Synods-men or Testes Synodales p. ibid. Sect. 6. in the Margent Significavit what that Writ ought to contain p. 631. Sect. 10. p. 632. Sect. 12. p. 649. Sect. 19. p. 635. Sect. 21. Silva Caedua the Law in reference to the Tithes thereof p. 439 440. Simon the Monk of Walden supposed to be the first Canonist in England p. 132. Sect. 44. Simony whence so called a Description thereof p. 537. Sect. 1. How many ways it may be committed p. 539 540. Sect. 5. p. 541 542. Sect. 8. The penalty thereof p. 537. Sect. 1. A Barr in Law to the Parsons demand of Tithes p. 542. Sect. 10. p. 548. Sect. 17. p. 551. Sect. 26. p. p. 34. The difference in Law between Simoniacus and Simoniace promotus p. 538. Sect. 2. p. 552. Sect. 27. In what Case Simoniacal Contracts are Cognizable in the Ecclesiastical Court p. 120. Sect. 17. Slander where Cognizable p. 516. Sect. 4. Son whether he may succeed the Father in an Ecclesiastical Living p. 258. Sect. 10. p. 263. Sect. 20. Spoliation what and in what Case and for whom the Writ of Spoliation lies and where Cognizable p. 439. p. 650. Sect. 24. Striking in the Church or Church-yard how punish'd p. 139. Sect. 6. An Indictment for Striking in St. Pauls Church-yard p. 155. Sect. 37. Stork the History of that Jealous Bird and his revenge on his Adulterous Mate p. 475 476. § ult Stubble of Corn whether Tithable p. 394. Subscription to the 39 Articles what not good p. 163. § 8. Sufficiency or Insufficiency in an Ecclesiastical Officer where Cognizable p. 92. 93. § 19 20. Suffragan Bishops anciently invested by the Ring without the Staff p. 25. § 3. Their use and Office p. 30 31. § 11. Suggestion for a Prohibition in what Case it need not be proved within Six Months p. 374. §