Evagr who pretends that the Elders or Priests enjoyed that Right a long time in the Church of Alexandria where the Priests who in imitation of the Apostles were twelve in number chose one from among themselves to be their Bishop on whom they all together laid their hands as the Patriarch Eutychius observes in his Annals of the Church Having now spoken of the Persons who had the care of the Revenues of the Church The nature of Church-Revenues in the beginning and observed wherein those goods did consist it will not be amiss to subjoyn that those Revenues were rather a kind of Subsidies employed for the Relief of the Poor than any real Rents Nor was there need of any solemnity for consecrating them to the Church seeing they were not fixed and the Laws of the Empire permitted not Christians to possess publick Estates After all the Collections which we have mentioned ceased not upon the death of the Apostles for we read in one of the Apologies of St. Justin Martyr (1) St. Just Apol. 2. that in the Publick Assemblies Believers bestowed their Charity after the Communion and that one of the Brethren kept the money to be afterward distributed among those who were in want That Custom was also in use in the time of (2) Tertul. Apo. Tertullian and the Church had no other Revenues but such Alms or Contributions until the time of Constantine who permitted Churches to possess real Estates and to be endowed with Lands and Inheritances (3) Plin. Epist lib. 5. Pliny the younger observes that private persons were prohibited to give their Estates to any Colledge or Society but that they ought to chuse certain and special Heirs and not the Gods in general It is true the Laws made afterwards a Restriction that one might bequeath or give his goods to lawful and allowed Colledges or Societies and that by special Priviledge the Jewish Synagogues which were of the number of those Allowed Societies were nevertheless excluded from that Priviledge And because Christian Assemblies were always rejected under the Pagan Emperours as unlawful Conventicles it is certain the Church never enjoyed any Possessions until the Fourth Century under the Empire of Constantine All these Laws may be seen in the Body of the Civil Law wherein they are inserted It was about that time then The Original of immoveable Estates in the Church that Churches began to be endowed as well as the Pagan Temples because Christian Congregations were no more then considered as Conventicles The Emperour Constantine granted them great Priviledges and permitted People to bestow upon them Possessions of all kinds He ordained also that they should inherit the Estates of the Martyrs Confessors and of those who had been banished when the true Heirs did not appear I speak not here of the Donation which Constantine accord-to some (1) Euseb l. 2. de vita Const cap. 36. Authors made to the Church of Rome because it is notoriously known that the deed is false and that the Successors of Constantine possessed Lands that are mentioned therein It may be affirmed that the Priviledges granted by Constantine to Churches for injoying of Rents have occasioned great disorders Which made St. Jerome say (2) Potentiâ quidem divitiis major sed virtutibus minor facta est Hier. in vita S. Malch that the Church was indeed become more Powerful and Rich under Christian Princes but that it was less Virtuous St. Chrysostom (3) Chrysost homil 86. in Matth. describes at length the sad State of Bishops and other Church men since the Church enjoyed Lands and other fixed Revenues because they forsook their employments to sell their Corn and their Wine and to look after their Glebes and Farms Besides much of their time was spent in Law-suits He wishes that he might see the Church in the State that it was in in the times of the Apostles when it injoyed only the Charity and Oblation of Believers St. Austin was also in the same Opinion and (4) Possid in vita Aug. cap. 24. it is reported in his Life that he often refused the Inheritances which were offered to his Church thinking it fitter that they should be left to the lawful Heirs And in the same Life we read that St Austin would never purchase Houses nor Lands nor any other Possessions for his Church Wherein he shewed his wisdom and prudence for nothing does more obstruct the Charity of Believers towards Churches than when they see that they enjoy vast Estates the Revenues whereof are nevertheless more uncertain than the Alms that are given to a Church that hath not the repute of being Rich. And so it was also that those who knew St. Austins mind sold their Lands and gave him the money which the more willingly they did as being persuaded that the good Bishop bestowed it on pious uses not in making new Purchases for the enriching of his Church Though at that time Abuses in the Administration of Church-Revenues Bishops and Deacons had the care of the Revenues of the Church yet notwithstanding even in the time of Constantine many abuses were committed in the management of them And this made the Fathers of the Council of Gangres to make a Canon against the Eustathians who divided among themselves the Revenues of the Church It was decreed in that Council (1) Conc. Gangr Can. 7. 8. that the Bishop alone and those to whom he did commit the care of the Revenues of the Church should receive and distribute what was bestowed on Churches But it happened not long after (2) Conc. Antioch Can. 25. that the Bishops themselves abused their power For most of them being Poor and charged with Families they reserved part of the Church Rents for their subsistence And all that could be done to put a stop to that corruption was (3) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Can. Apost 37. to suffer them to give somewhat to their Reâ—â—tions if they were Poor but withal prohibiting them to sell the Estates that belonged to Churches Nay the Fathers were even obliged not to leave the administration of the Revenues of the Church in the power of Bishops Priests and Deacons without giving an account of them For the Council of Antioch ordained that the Bishops should give an account of the administration of those Revenues in the Provincial Synod And that the goods which properly belonged to Bishops might not be confounded with those that appertained to their Churches every Bishop upon his Election (1) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Can. Apost 39. gave a list of the Goods and Estate that he possessed which was separated from that of the Church to be disposed by will or otherwise at his pleasure according to the Provision of the Civil Law But notwithstanding all this caution the Bishops made themselves still Masters of the Revenues of the Church and the Fathers were obliged to create Treasurers or Stewards to take the care of them
other Goods and Estates subject to the Civil Laws and Customs oâ— places Bishops and Abbots sold and exchanged the Rents of their Churches without consulting the Pope The Lease which they termer convenientia or agreement was for a certain number of lives so that the Lands were engaged for many year on Condition of a yearly Revenâ—â— paid to the Abbey And for greaten security it was specified in the Deed (1) Ann. 970. Ad usum fruondi per nastrum praestitum cultandi exfructandi non vendendi nec donandi nec concambiondi c. That so much Land was let by way of loan to the third Generation to be laboured and emproved and the profiâ—â— thereof enjoyed without permission to sell exchange or any ways engage the same This way of letting of Leases is still in use in England and the Monks made use of it heretofore as all other Church men having the same liberty as they had to purchase sell and exchange Whereas in the beginning they made a scruple of enjoying the property of any Lands only they sometimes laboured and manured Lands that no body claimed a right to for their own subsistence There is mention made in the treatise of matters Beneficiary attributed to Father Paul An Explication of the Contract called Precarius of a form of a Contract called Precaria which hath much enriched Monasteries The Old Cartularies are full of such kinds of Deeds which consisted in a Donation made by private Persons of their Estates to Churches which they obtained back again from the same Churches by Letters which they call'd Precarias or Precatorias to be possessed by a kind of Copy-hold or Lease for Lives for most part granted a Lease for five six and even for seven Lives on condition of paying a yearly Revenue to the Monastery People bestowed their Lands more willingly upon the Church when they perceived that they still reserved the profits of them for many years And I have seen in ancient Cartularies forms of Precarious Contracts wherein private Persons sold their Estates to a Monastery and afterward obtained (1) Literas precarias usque in quint im ginerationem Under Lonis 11 Son of Lotharius Letters or Leases of them to the Fifth Generation So that after the Fifth Life the Monasteries could dispose of the Lands whereof they had the property from the date of the Contract the sellers enjoying only the Profits upon Condition of paying yearly a certain sum of Money and obliging themselves to cultivate 2 and improve the Lands without any Power to sell give engage or exchange the same according to the tenour of the Contract or Deed. (1) Beneficiali ordine usu fruendi cultandi laborandi meliorandi non verò vendendi nec donandi nec concambiendi c. In those days there were many other Deeds of the like nature which were authorised by the Civil Law and Customs of Countries and no distinction was made betwixt Secular and Church Lands Monks were allowed to purchase and sell in the same manner as Lay-men Those who embraced a Monastick Life Other means of Acquisition contributed much also to the enriching of Monasteries For it commonly happened that they who made choice of that Profession thought it not enough to give themselves to God unless likewise they offered all they had of which they made a Conveyance according to the forms used in several Countries The Tenour of that Deed is to be found in the Ancient Cartulare of Casaure in these terms I. N. Son of N. in such a year of the Emperour N. and of the Count N. offer and give of my own free will and motion this present day my proper Person and all the goods which I possess in such and such places to such a Monastery where I intend to live the rest of my days And for the greater solemnity of this offering it was made in the Church where the Person laying his hand upon the Altar was with all his Estate offered to God It is also to be observed that the profession of a Monastick Life hindred not the Monks from inheriting the goods of their Relations which they might dispose of in favour of their Monastery Besides Widows who having taken the Veil from the Hand of the Bishop could not Marry again gave part of their Estates to the Monastery or other Churches of which a Deed past in the following Tenour I. N. Daughter of N. the Servant of God who have taken the Veil of Religion give to N. Abbot or to such a Monastery such and such goods for the remedy of my Soul and of the Soul of my Husband Besides all these ways that have brought great wealth to Monasteries it is to be observed that the Constitutions of the Order of St. Benet allowed a Monk to leave the Society of his Monastery that he might live Solitary and an Anchorite which was called (1) De Claustrensi fieri Archoritam of a cloystered Monk to become Anchorite These Anchorites who retired from the Monastery with the permission of their Abbot went and lived in some neighbouring place and they were not so Solitary but that they were visited by the People that came to recommend themselves to their Prayers They received large Alms as being esteemed holier than the rest and took all kinds of Donations whether in Lands or Moveables When they were grown Rich in one place they went to another where they met with the same Charity from the People The Estate which they had acquired belonged to them and before their death they made it over to the Monastery out of which they came And that their Donation might be in form an Act past upon it in these terms (2) Cartuiary of Casiure Am. 10 â— J. N. Priest and Monk of such a Monastery out of which I came with Permission of the Abbot that I might lead a more retired Life give to my Abbot N. for the repose of my Soul all the goods which I possess and which I have purchased with his Permission The Deed of Donation contained a list of Goods Lands and Churches which these Anchorites left to their Monasteries and at the same time they delivered up the Deeds of private Donations which were kept among the other Records Besides all this Monasteries made no difficulty to sell the Ornaments and consecrated Vessels of their Churches There is mention sometimes made in Ancient Cartularies of Chalices and Silver Crosses given in payment for Lands bought from private Persons when there was no necessity for it But what is more surprizing Monks bought indifferently from all sorts of men and often enough from those who had abused their Authority in seizing the Goods of the Poor Which gave encouragement to many great men to usurp the Estates of their Neighbours because they were sure to find Monks to whom they could sell them we find a very considerable Instance of this in the Cartulary of the Abbey of Mire in Suisserland which
THE HISTORY OF THE Original and Progress OF Ecclesiastical Revenues WHEREIN Is handled according to the Laws both Ancient and Modern whatsoever concerns matters Beneficial the Regale Investitures Nominations and other Rights attributed to Princes Written in French by a Learned Priest And now done into English LONDON Printed for Henry Faithorne and John Kersey at the Rose in St. Paul's Church-Yard and Samuel Smith at the Princes Arms in St. Paul's Church-Yard 1685. TO THE READER IT may seem unnecessary to say more of this Treatise than that it proceeds from the famous Pen of Father Simon who hath herein far outgon all who have written on the same Subject even the Learned Father Paul This Work plainly discovers what good Use the Ecclesiastics have made of the Pious Inclinations of the Laity to their own Advantage which may justly reflect on the Church of Rome that great School of Politics but ought not in the least to prejudice the Honourable Esteem and Liberal Endowments which a sound Orthodox Church doth or ought to enjoy in a well-govern'd State A TABLE OF THE Matters contained In this BOOK THE Original of the Community of Goods among the Primitive Christians Page 1 The first Revenues of the Church Page 5 The Original of the Ministers of the Church Page 7 The Original of the great Authority of Bishops Page 9 Of the Government of the Church in the beginning Page 11 The Original of the Ordination of Priests and Bishops Page 13 The Nature of Ecclesiastical Revenues in the beginning ibid. The Original of Lands and immoveable Goods in the Church Page 15 Abuses in the Administration of Church-Revenues Page 17 The Custâ—m of the Western Church different from that of the East Page 20 Disputes about the dividing of Church-Revenues Page 21 Change of Discipline in the Church Page 23 The Office of the Stewards ibid. Whether Church men can retain their Inheritance Page 24 Edicts of Emperours Page 27 The Excessive Covetousness of Church-men ibid. Laws of the Emperours against the Avarice of Church men Page 30 The Original and Progress of Monks Page 32 Clerks that lived in Community differed from Monks Page 33 Monks subject to Bishops Page 34 Canons against Monks Page 36 The Primitive Revenues of Monks ibid. The Original of the Churches of Monks Page 37 Monks in the West before St. Benet Page 38 The difference of Ancient Monks from the Modern ibid. Alterations in Church and State Page 40 Ecclesiastical Revenues in the same condition as Temporal Estates Page 41 A distinction betwixt the Churches and the Altar ibid. The Ruine of Private Church-men Page 42 The Original of Lands and other Revenues belonging to Monasteries Page 44 The Original of Private Masses Page 45 Forms of Ancient Donations Page 47 Means of acquiring Estates amongst the Monks Page 49 An Explication of the Contract called Precarius Page 51 Other ways of Acquisition Page 52 Investitures depending on Princes Page 59 Elections depended not on the Pope no not in Italy Page 60 Elections only free in name Page 63 The Original of the Exemptions of Monasteries Page 64 Differences betwixt the Monks and Curates concerning Tithes Page 66 Distinction of the Church from the Altar Page 67 Disputes betwixt Bishops and Monks Page 73 Ecclesiastical Employments inconsistent with Monks Page 75 Princes ruine the Monks Page 77 The Original of great Power annexed to Churches Page 79 The Authority of the Pope as to Benefices Page 82 Reflections on the Right of Popes Page 87 The Custom of France as to the Reception of Bulls Page 89 Of the Right of the Regale Page 90 Of the Regale under the second Race of the Kings of France Page 92 The Regale under the third Race Page 94 The Regale different from Investiture ibid. Explication of Investiture Page 95 The Regale granted by the Pope Page 97 A more particular Explication of the Regale ibid. A Restriction of the Regale Page 102 The Custom of the Parliaments Page 104 The Regale authorised by a General Council Page 105 The Right of Collation attributed to the Kings of France by the Regale Page 107 The Regale under Philip the Fair. Page 112 Vnder Philip of Valois ibid. Vnder Louis XII ibid. Vnder Henry IV. Page 113 Vnder Louis XIII Page 114 The Regale at present in all the Churches of France ibid. The Monarchy of Sicily Page 116 The Pope's Power in France Page 122 An Explication of the New Canon Law Page 123 The Original of Benefices Page 124 An Augmentation of the New Law Page 126 The Original of the Liberties of France Page 131 The Rules of the French Law and Right Page 134 The Canon or Common Law Page 136 Particular Law or Right Page 137 Laws and Rights of Popes ibid. Reversions or Expectative Graces abrogated Page 138 The Right of Graduates Page 139 Bretagne is not subject to the Prevention Page 140 Lay-Patrons are not subject to Prevention ibid. Elective and Collative Benefices Page 141 Derogations from the Right of Prevention Page 142 The Right of Devolution attributed to the Pope Page 145 Benefices vacant in Curia Page 147 Other Rights of the Popes Page 151 Alienations depend on the Pope Page 153 Concordats depending on the Pope Page 155 Commendums depend on the Pope Page 157 The Rights of Commendatary Abbots Page 158 Of Vnions Page 162 The Pope's Power limited in France Page 164 The Judging of Bishops Page 165 The Power of Legats in France Page 166 The Power of Nuncio's in France Page 168 Of Cardinals Page 169 The Rights of Chapters Page 173 The Original of Parsonages and Dignities without Cure Page 174 The Original of the Rights of Chapters Page 178 The Rights of Chapters during the Vacancy of the See Page 182 The Rights of Patrons Page 185 The Priviledges of Lay-Patrons Page 188 Whence comes the Distinction of Patronages Page 191 Of Huguenot-Patronage Page 193 The Original of Ecclesiastical Patronages Page 198 The Original of Priories Page 199 The Right of Commendatary Abbots as to the nomination to Benefices Page 202 Concordats or Agreements betwixt Abbots and Monks Page 206 To whom it belongs to present to Benefices during the Vacancy of the Abbatial See Page 209 Of Priors amongst Monks Page 211 Cluni and Cisteaux have changed the Ancient Government of Monasteries Page 213 Derogation from the Rights of Commendatary Abbots Page 215 Of Regulars Page 218 A Comparison between Commendatary and Regular Abbots Page 220 A Description of the Lives of Regular Abbots Page 222 Military Orders Page 228 The Original of Commanderies Page 230 A Military Order wherein one may Marry Page 232 Philip II. the richest Prelate in the Church Page 234 Of Hospitals ibid. Derogations from the Rights of Bishops Page 237 The Novelty of Resignations in favorem Page 238 Regulations that derogate from Resignanations Page 240 Of Regress Page 242 Of Permutation or Exchange Page 244 Of Vnions Page 246 Of the Indults or Priviledges of Members of Parliament Page 248 Of Degrees Page 249 Of Exemptions
it was impossible for Bishops to hinder them from performing all Ecclesiastical functions in their Monasteries and since that time there have always been disputes betwixt the Bishops and the Monks because the Monks on many occasions refused to submit to the orders of the Bishops which they pretended to be contrary to the Discipline of their Monasteries Though at that time most part of the Monks were in the East Monks in the West before St. Benet yet for all that there were a great many also in the West before St. Benet planted a particular Order there St. Jerom St. Ambrose and St. Gregory make mention of Monks in Italy amongst the Gauls and in several other parts of Europe Besides all the Authors who have written of the beginning of the Christian Religion in several Countries speak of Monks that were there There was this difference The difference betwixt the Ancient and Modern Monks nevertheless betwixt the first Monks that were in Europe before St. Benet and those that came after him that the first were barely Monks without being addicted to any particular Order To be a Monk was sufficient to make them received as such in all Monasteries wheresoever they travelled There was no talk then of particular Rules and Institutions But every Monk laboured to emprove himself by the example of others and to embrace what he thought most perfect in the Monastick life So that it may be said that the Monks both of the East and West were all of one Order having at that time no Mark of distinction amongst them The ancient Rules that have been written by the Primitive Monks ought rather to be lookt upon as different Commentaries upon the Monastick life than different Rules for the intention of those who embraced that kind of life was not to distinguish themselves by particular Rules from the manner of â—iving of other men but to submit themselves by a more particular resignation to the Maxims of the Gospel and to find out all possible ways how they might live up to the Counsels of our Saviour who will have us to wean our hearts altogether from the World that we may follow him alone who is above it I shall not here speak of the Institution of St. Benet which is in the hands of every body but shall only observe by the by that the design of that Saint was not to make any innovations in the Monastick life but to make a Collection of what he found most perfect in the Rules and Institutions of others Matters are much altered since All the several Orders of Monks make now a days so many petty different Republicks in the Church and are so many little States who have all their several interests But let us now return to our Subject concerning the Original and Progress of the Revenues of the Church No sooner were the Barbarous Kings become Masters of a part of the Roman Empire Changes in Church and State but the Civil and Ecclesiastical Laws suffered great alterations There was a necessity of complying with the humor and temper of these new Conquerours who medled in the affairs of the Church There was not now as formerly the same liberty in electing of Bishops Princeâ— thought of securing their States by conferring Bishopricks only on such as they could rely upon So that Ecclesiastical dignities began to be looks upon as mere Lay-Offices at the disposal of Princes with which they could Reward those that served them And which was more pernicious to the Church Princes and other great Lords began to make no more distinction betwixt goods consecrated to God and goods Profane The necessity of the times must be born with and the great Wars that Princes were engaged in was the cause that the best part of the Revenues of the Church fell into the hands of Lay-men The Revenues of the Church in the same condidition as temporal Estates They made Contracts of Alienation about them as about other Possessions and these Contracts past for lawful when they were made in the usual forms No body opposed it The Bishops Monks treated often with Laicks about those concerns either by way of Exchange or Purchase The ancient Cartularies or Registers of the Monks are full of such kinds of Contracts wherein it appears that Children succeeded to their Fathers as well in Church livings as in other Estates The Counts or Judges decided the differences that arose amongst private persons about such Estates in the same manner as about other Inheritances and Possessions It is true some scrupulous People made a Distinction betwixt Altars and Churches A distinctio betwixt Churches an Altars comprehending under the name of Churches Lands and other Revenues for which men might contract and assigning a Priest to the Altar who was to have a Salary for saying Mass and performing other Ecclesiastical Functions But some who were not so scrupulous made no such imaginary distinction For in the ancient Cartularies there are to be found forms of deeds of alienation of Churches and Altars with the Bells Chalices Crosses and other Ornaments of the Church This was practised even in Italy before the Popes entred into the cognisance of the goods of the Churches which depended not on their Diocese To these troublesome times we may attribute the total Ruine of private Church men The Ruine of private Church-men who were obliged to take wages from those who possessed the Churches And which is more unhappy the greatest part of those Revenues are fallen into the possession of Cathedral Churches and Monasteries to which they did not at all belong The truth is there are forms of Contracts to be found in the same Cartularies which make it appear that Monks have bought several Churches from Lay-men but part of these Churches had been usurped by the Laicks from the Church-men to whom they ought to have been restored and not sold to the Monks When the administrations of Church Revenues were erected into Benefices or perpetual Titles the Church-Men who were hired by the Chapters of Cathedral Churches by the Monks and even by Laicks became perpetual Vicars and Curats But the best part of the Benefices remained still to the Canons and Monks who took to themselves afterward the Quality of Primitive Curates Besides since private men were not able Princes and other great men bought the Churches from those Church-Men and gave them to the Monks who entertained Secular Priests to take the care of administring the Sacraments to the People all the Revenue and Tithes in the mean time remaining to the Monasteries Wherefore it will not be amiss to explain in this place more particularly the Original and Progress of the Revenues annexed to Monasteries and at the same time to speak of their priviledges and exemptions A great part of what we shall say of Monasteries being also applicable to other Ecclesiasticks We have shown before that Monks having made profession of poverty The Original of Lands and other Revevenues
belonging to Monasteries lived only by their labour and the Alms they received as being poor And since they were not employed in Ecclesiastical Functions they could not apply to themselves these words of St. Paul They which wait at the Altar are partakers with the Altar And therefore it seems they ought never to pretend to the enjoyment of Church Revenues which according to Natural Evangelical Law belong to none but the Ministers of the Church The contrary notwithstanding hath come to pass For most part of Church-Men have been deprived of the Revenues that belonged to them and the Monks endowed therewith It hath been already observed that Monks applied themselves much to Prayer and that that got them the Charity of many private persons But since Bishops allowed them to have Oratories or Churches for their own use this Charity was doubled and People began to leave their Parish Churches and flock to their Chappels Nay there were some Monks that made Fonts in their Monasteries in the same manner as there are in Baptismal Churches The Bishops did indeed forbid them to administer any Sacraments but to those of their Monastery and denied them Baptismal Churches But though they were at that time subject to them in all things even in what concerned the Monastick Discipline yet it was not in their Power to hinder the People from giving them Charity There were nevertheless some Bishops who would have reduced them to the observance of the Ancient Canons and not suffered them to have Priests among them But Pope Gregory who was favourable to the Monks wrote in their behalf to one of his Suffragans that he should permit them to Celebrate Mass in their Monastery The Original of private Masses and that was chiefly the Original of private Masses which have been very useful to the Monks and bring at present some profit to most Religious Societies It is to be seen in Ancient Manuscript Missals that in that which they call the Canon of the Mass mention was made of the Alms which the Priests received For whereas the Priest says only these words Remember Lord thy Servants and Hand-maids and all who are present He heretofore said Remember Lord thy Servants and Handmaids who make me subsist by their Alms. (1) Memento domine famulorum famularumque tuarum omnium circumstantium Memento domine famulorum famularumque tuarum quorum eleemosynis sustentor Can. Missal MS. With many other words which are not at present in the Canon of the Mass As it hath always been the belief of the Church that Prayers and especially those of the Sacrifice were very advantageous to the dead so the Monks quickly found the benefit of having Priests among them thereby to attract the Charity of the People which turned to very good account to them To them may likewise be Attributed the Original of Private Chappels and the multiplication of Altars for celebrating several Masses at one and the same time For according to Ancient Custom it was not lawful to say more than one Mass at which all assisted and it was even a thing unheard that many should celebrate Mass the same day upon the same Altar Which Custom is still observed in the Eastern Church In the Formularies of Marculphus many Deeds of Cessions or Donations in favour of Monasteries are to be found The most Common form was expressed in these Terms JN the Son of N. give to such a Monastery (1) Pro remedio animae meae for the remedy of my Soul such such goods Children made the like Donations to Churches and especially to Monasteries for the repose of the Soul of their Father or Mother The form of Ancient Donations It was enough for most part to put these Terms in general into the deed (2) Pro mercede animae meae vel genitoris genitricis meae For the remedy of my Soul or of the Soul of my Father or Mother without particularising the Number of Masses as it is practised at present And by that means they might receive all the Foundations that presented without being obliged to encrease the Number of Priests It is true there are other Forms of Pious Legations which are larger and wherein besides these terms pro remedio animae nostrae it is likewise added ut pius deus dominus noster Ann. 1061. Jesus Christus peccata nostra dimittere minuere dignetur paradisi portas nos gaudentes introire jubeat ut in ultimo tremendo Judicio non inter hoedos ad sinistram sed inter oves ad dextram aggregari mereamur consortio c. But in these Deeds there is only mention made of Prayers in General There are nevertheless pretty Ancient Forms wherein mention is made of particular obligations wherewith the Founders or Benefactors charge the Monasteries But these Deeds are very rare and even sometimes supposititious The Emperour Lovis II. Son of Lotharius in a Priviledge which he granted to the Abbey of Casaur seated in the Abruzzo of which he was the Founder obliges the Monks to say daily three Masses for him to sing the Hundred and twentieth Psalm in all the Offices and Hymns of Vespers and Matins and that for the ransom or remedy of his Soul This priviledge is Printed at the end of the sixth Tome of the Book Entituled Italia Sacra and though the Author hath taken it out of some Cartularies yet there appear several Additions and Marks of Forgery which I found by comparing it with an Ancient Cartularie of that Monastery where the same Priviledge is written without all these Additions It is true the Number of the Masses and the other Obligations that are in Print are likewise in the Manuscript but seeing in that Cartulary there are many other Priviledges of the same Emperour in favour of the Monastery for the same thing where these Conditions are not to be found there is ground to doubt of the truth of that Priviledge besides that in the first Deed of the Foundation there is nothing of it mentioned However it be it is certain that those kinds of Grants contained nothing commonly but Obligations for Prayers and sometimes for Masses and that but in general Which hath much contributed to the augmenting of the Revenues of Monasteries because the Monks could still receive new Foundations Pious Legacies without obliging themselves for all that to any new Obligations and private Persons who were perswaded that the Prayers of the Monks would be available to them made no difficulty of giving their goods to Monasteries Means of acquiring Estates among the Monks By this means the Monks have acquired great Estates in Lands which because they would not labour them themselves they let out by a kind of Leases or Copy-holds which they called convenientiae There was no notice taken at that time of the Canon Laws which prohibit the Alienation or Farming out of Church Lands for a long term of years they were then as all
he may do it without the Ecclesiastical Patron from whose Right he can derogate in case of Permutation but not in pure simple Demissions for the Benefice being then vacant the Ordinary cannot confer it but upon the Presentation of the Patrons whether they be Ecclesiasticks or Laicks V. A Benefice in Lay-Patronage cannot be burdened with a Pension or Annuity and Mr. Charles Du Moulin is of the Opinion that the Popes Rescript cannot be put in execution unless the Patron consent to it or that clause be added Si tamen Patroni consensus accedat But seeing the Pope can Derogate from the right of Presentation of Ecclesiastical Patronss by conferring in full right Benefices that are in their nomination he can upon stronger reason Authorise by his Rescripts Pensions setled upon the Benefices of their Patronage without any necessity of having their consent After all it will not be amiss to observe Whence cometh the distinction of Patronages that the distinction of Patrons Laick and Ecclesiastical is not taken from the difference of persons for a Church Man may be a Laick in respect of his Lands and Inheritance to which the Patronage is annexed But a Lay-Man cannot be an Ecclesiastical Patron because Ecclesiastical Patronage is a right that belongs to a Person or Community by reason of Benefices which they enjoy In a word Benefices are in Ecclesiastical Patronage when they depend on a Church I do not here examine whether the Pope can dispense with a Laick for enjoying a Benefice and still remaining Laick in which case it would be true that a Lay-Person might be an Ecclesiastical Patron It is sufficient that we have examined matters according to the ordinary course of Law and without any farther inquiry into the thing it will be easy to distinguish these two Patronages according to the Principles that we have laid down We must nevertheless observe That it many times happens Lay-Patronages in process of time to become Ecclesiastical and that either by the terms of the Donation or by the Translation and Donation that Lay-Men make of their Lands and Lordships to Churches or Monasteries In the Title of the Foundation of a Church it is sometimes expressed that the Founders reserve to themselves the Right of Patronage only for a certain time and for a limited degree of Kindred and then that failing the Ordinary in full right confers the Benefices that were before in Lay-Patronage Wherefore it is necessary that Bishops examine the Titles of foundations which are sometimes qualified with restrictions in their favours Besides we find that Cathedral Churches and Monasteries enjoying a great many Lordships with Patronages annexed to them these Patronages have changed their nature being become Ecclesiastical by the Lords making of them over to Churches We must nevertheless except great Benefices such as Bishopricks and Abbeys which the Kings of France can never transfer to the Purchasers of Crown Lands The King can only transfer the Patronage of smaller Benefices with the Inheritance and then the Patronage from Royal becomes Ecclesiastical if it be given or transferred to a Church There arise great difficulties in France about Lay-Patrons who make profession of the Reformed Religion Of Huguenot Patronage And seeing Protestants are not treated according to the Rigour of the Ecclesistical Laws which deprive Hereticks of their Estates it would seem that since they are left in possession of their Lands and Lordships they should also enjoy all the fruits and honorary Rights that are annexed to the same Lord ships especially according to the Maxims of the New Law which (1) Collationes sunt in fructious places the Presentation to Benefices in the number of Fruits No man doubts but that Patronage is a real Right annexed to Lands and that by consequent it follows them as being a fruit of the same It would seem then that no regard ought to be had to the Quality of the person in as much as the Right of Patronage is not personal but real and besides the Presentation is but a servitude of the Benefice and not a Spiritual Title Nor doth the Presentation properly give the Benefice But institution must be had from the Ordinary upon the letters of Presentation and in that the Spirituality does really consist The Ordinary may refuse those who are presented by the Patrons if they be not capable and so it remains always in the liberty of Ordinaries not to supply Benefices that are in Huguenot Patronage but with fit and able men The Patrons then if they would cannot abuse their Right and it is impossible that the Church can thereby receive any prejudice if the Ordinaries discharge their duty These and many more reasons that might be brought upon that Subject were the cause that Lay-Patrons professing the Reformed Religion obtained heretofore an Order of Council whereby they were allowed to nominate fit persons who in their place might present to the Benefices of their Patronage but that is not now observed for the Ordinaries in full Right confer such Benefices so long as the Patrons make profession of the Reformed Religion And therefore it is fit we should observe that the Right of Patronage which is real and united to the Land is not lost but only dormant and in suspense so that if the Patrons happen to be reconciled to the Church they enjoy their Right of Patronage in the same manner as if they had never professed the Reformed Religion That Custom is backt with good reasons and though the Right of Patronage be not properly Spiritual it is at least mixt and it is a common saying that it is quid Spirituale annexum Temporali And that it cannot be Sold separately but only with the Land or Inheritance to which it is annexed It is true Patronage is a real Right yet that hinders not but that it is exercised by a person Now it is ridiculous that a man who believeth not in the Church should present to it a person for a Spiritual Right and that that Right should be granted upon his Presentation Grant that the Bishop is free to accept or reject him who is presented and that he is the Judge of his capacity That is not enough For if the Canons prohibit the giving of a Benefice upon the recommendation of an Heretick upon stronger reason it ought not to be given upon his Presentation The Bishop can only Judge of defects that are known to him and it may be the Protestant Patron may present a very capable man but who may have secret engagements with himself It is not strange to see Church-men who have followed their studies at the charge of Protestant Patrons in hopes of procuring them Benefices of their Patronage to the end they may comply with them and do prejudice to the Rights of the Church But these Artifices are so hidden that few can come to the knowledge of them And therefore Patrons who profess the Reformed Religion have with reason been excluded from the
of Jerasalem from whom descend those that are called Knights of Malta That Order is much different from other Religious and their Benefices differ also from the nature of all other Benefices They are rather the Administrations of Hospitals than Benesices and in effect that Order began by an Hospital that was built at Jerusalem for the reception of those who went to see the holy places The founding of Hospitals for Lodging of Strangers is Ancient enough and there was either in the Bishops House or elsewhere places appointed for that end that the sick might be taken care of and other charitable works performed for which part of the Revenue of every Church was allotted Afterward in process of time they were distinguished from the common Revenue of Churches and many private persons gave Lands and Inheritances to be erected into places of piety in imitation of Monasteries They cannot be said properly to be Benefices because the Rents of them are not designed for Church men but for all men who are in misery and want And therefore there are as many kinds of Hospitals as there are calamities In the beginning the Bishop had the care of these Monasteries because he ought to provide for the necessities of the Poor and of all those who were in misery as well as for the subsistance of Clerks But the Religious of the Hospital of St. John of Jerusalem made a particular Body in the Church which hath to this day its particular Constitutions To speak properly there is but one Hospital in all the Order and that Hospital is at present reputed to be in Malta All other private Hospitals or Commanderies are but members of that Hospital on which they depend And therefore their Revenue by Right belongs to the common Treasury of the Order I think Commanderies may be compared to the conventual Prieuries of Monks The Original of Commanderies which in the beginning were only administrations of the Revenues of certain places distant from the principal Monastery As Monks were placed in these Houses to taâ—e care of the Rents so also there hath been a necessity of sending Knights into those places where the Order had Lands The name of Commander hath great resemblance with that of Praepositus which was given to Monks who managed the Rents of these remote Houses Besides their administration was called Obedientia because they depended wholly on the Abbot who gave them that Commission It is Just so with the simple Commanders of Malta who are rather Farmers of the Order than Beneficiaries They have nevertheless converted their Commissions or Farms into a kind of Benetices paying a certain acknowledgment to the common Treasury of the Order and that acknowledgement is called Responsion We must put a difference then betwixt Hospitals which are by Foundation Secular and Regular Hospitals that are possessed by Religious such as are the Commanderies we speak of which are appropriated to the Religious of the Order and cannot be possessed by others Nay it is necessary also that those of the Order be qualified for peaceable enjoying of them and their Benefices are not all of the same nature We must therefore observe that there are amongst them Knights Chaplains and serving Brothers and that there are Commanderies or Revenues assigned to these three different qualities There are besides the great Officers the first of whom is he that at present is called the great Master of the Order and is the Head who in the beginning was the Master of the Hospital Under him are the great Officers of the Order who are for most part Military Officers because of the employments to which they are appointed such as the Admiral Mareschal and others I shall not speak here of the Bayliffs or Conventual Priors who are of the great Cross nor of their other Officers because the Institution of their Order and their Laws are Printed I shall only add that it is to be observed that though that Order be composed of so many Nations yet it is but one only Convent divided into several Tongues Every Tongue contains several Provinces and in every province there is a great Prior who from time to time holds Provincial Chapters For obtaining a Commandery one must be of the Nation where the Commandery lies have performed his Caravans which consist in some years Services at Malta and be of the quality requisite for the Commandery being besides bound up by certain Statutes But they are often dispensed with at the Recommendation of Princes who have also made Concordats with the Knights of Malta as well as with the Popes There is another kind of Knights who also enjoy Church Lands A Military Order wherein one may marry and nevertheless seem neither to be Religious not Ecclesiasticks because they are Married They call themselves however Religious and have their Laws as other Religious have In Spain the Commanders of the Orders of St. James of Calatrava and Alcantara are of that nature There are in France also the Knights of St. Lazarus who may Marry It is pretty difficult though to tell upon what Title these Married Religious possess Ecclesiastical Revenues unless it be said that being by Profession Religious they ought to be obliged to Chastity But that the Pope who according to the Maxims of the New Law is Master of the Canons has dispensed with that Obligation and that by an Apostolical Priviledge they may have Wives Which is conform to the opinion of the ablest Divines who think that the Pope may for lawful causes dispense with Monks as to their Vow of Chastity The married Commanders of these Orders must then be reckoned amongst Regulars and they may in conscience enjoy under the Title of Regulars Church Lands that are appropriated to their Order This at least is the opinion (1) Mart. Navar of one the most learned and strict Canonists of our age who calls Philip II. King of Spain the greatest Prelate in the Church next to the Pope because he was the chief or great Master of the three Military Orders of Spain and enjoyed a good part of the Tithes of Churches within his Territories Phil. 11. the richest Prelate of the Church In this quality of Prelate Regular the King of Spain is the richest Beneficiary in his Kingdom And seeing he is not only great Master of the Orders of St. James Calatrava and Alcantara but is also King of Spain he can as King appropriate to his own use the Revenues of his Commanderies at least as much as is necessary to make him live like a King In the same manner as it is lawful according to the Maxims of the New Law for Cardinals Sons of Kings Nobles and men of Letters to possess several Benefices that they may be able to live according to their quality From all that hitherto hath been said it is easy to Judge how much the Ecclesiastical Discipline hath changed in Beneficial matters and how much the present practice differs from Ancient Customs
hath been Printed The Monk who compiled the Acts of that Monastery having reckoned up the Lands and Possessions which lawfully belonged to the Abbey gives afterwards an account of goods (1) Quae cum injustitià rapinâ aut violentiâ congregata aut acquisita sunt that had been acquired by unjust means That good Monk says that he was obliged to publish to the World those unjust Acquisitions that he might therewith acquaint his Brethren and discharge his own Conscience Then he mentions a Golden Chalice enriched with Pretious Stones and two Silver Crosses with which and coined Silver they bought some Lands which had been by a Person of Quality unjustly taken from Poor Country People And in fine having represented the injustice of such kind of Purchases he subjoyns that men should take heed not to mind their Body with so much care as to lose their Souls by injoying unlawful and usurped goods (2) Dum unusquisque boc solum altendere debeat ne ita corpus nutriat ut animam perdat cogitetque quid prosit si lâ—tro rapiat â—â—onachus coâ—â—â—â— Nevertheless after these reslexions he spares not to reckon up the ill purchased Goods as well as the rest For it is very rare for Religious Communities to make restitution no man in particular thinking himself obliged to it The Priviledges granted by Princes to Monasteries hath also much contributed to the preservation and encrease of their Revenues Those Priviledges which were called Charters of Freedom and Royal Commands (1) Cartae libertatis praecepta regalia exempted Monasteries from ordinary Taxes and Princes having once taken them into Protection no man durst molest them Nay when they had any suit with their Neighbours about controverted Lands it happened very seldom that they lost the cause because the Judges Commissionated by Princes most commonly favoured the Monks who were looked upon as men belonging to the same Princes and whose Lands were in some sort reckoned of their Demain especially when Princes were the Founders of the Monasteries The Original of Investitures which have caused so much trouble in the Church betwixt Princes the Pope proceeds from such Foundations in the beginning they signified no more than the Letters whereby the Prince revested or invested a Church to speak in the Language of those times Nay the very deeds that private Men made contained the term Invest which signified giving and putting men in Possession of Lands Now that this might be made more solemn some ceremonies were added which may be called Fictiones juris Fictions of Law I have found in an Ancient form of Investiture made under the Emperour Louis II. That the Judges and other Lords commissionated by the Prince gave Investitures in his absence of which an Instrument was left specifying the year of the Emperours Reign and the years of the Count or Judge of the places which was signed by the other Judges and Witnesses present at the Ceremony The form was conceived in these terms (1) Cartulary of Casaure N.N. investierunt per demandationem Augusti per colonnam de curte c. N. abbatem In other forms of Investitures we find per annulum In effect the custom was to make use sometimes of a staff sometimes of a Ring and most commonly of both together When these Investitures were made by Princes that staff was called the Royal Staff in the same manner as their Priviledges were called (2) Carta regalis praeceptum regale Jussio regalis defensio regalis Royal Charter Royal Command Royal Jussion Royal Protection And at length it was called (1) Sceptrum regale Royal Scepter The Investitures of Bishopricks were given per sceptrum regale as it is mentioned â—n some Authors Ancient Cartularies Although Charlemain and his Successors referred the Election of Bishops to the Clergy and Monks according to the ancient Canons yet they were never made without the consent of Princes Investitures depending on Princes who most commonly designed those who were to be chosen and the Electors durst not do otherwise because from them must be obtained the Investiture of Lands Priviledges and Immuâ—ities This was not only observed in France and Germany but even in Italy It is to be found in the Ancient Cartulary of the Abby of Casaure founded by the Emperour Louis II. That the Monks of it took always the Investiture from the Emperours and Kings without ever having recourse to the Popes until the Wars that happened betwixt the Popes and German Emperours For then as it is observed by the Monk who wrote the Chronicle joyned to that Cartulary (1) Ann. 1073. the Canons and Monks were obliged tâ— apply themselves to the Popes for obtaining priviledges and permission 〈◊〉 proceed to a New Election Cum non possent ad Imperatorem iye quia jam discordia dissidium inter Romanam Ecclesiam Imperatorem Teuthonicorum parabatur ad praesentiam Apostoliâ—â— sedis accesserunt in respect that the Wars hindered them from aâ— dressing themselves to the Emperour That happened in Italy under the Poâ—tificat of Gregory VII who with 〈◊〉 much vigour attacked the Investiture Princes And although the Monâ— of Casaure had already obtained from Pope Leo IX A Priviledge like those which they obtained from the Eâ—perours yet they complained that tâ— Wars hindred them from having recoâ—â— to the same Emperours as if they 〈◊〉 only owned the Popes for the right Investiture because they were constraâ—ed to do so by the necessity of the time The same History informs us that tâ— Canons and Monks did not chuse the Bishops and Abbots before they had a quainted the Emperours and Kings Aâ— therefore in the Elections of Bishops a Abbots which were made by the what Body of the Canons The Elections depended not on the Pope no not in Italy and Monks 〈◊〉 consent of Princes was always mentiâ—â—ed but not a word of the Pope who that time did not concern himself these Elections no not in Italy as appears manifestly by the Cartulary of Casaure the Manuscript Chronicle annexed to it This was still observed under the Emperour Henry III. For that Chroniâ—le makes mention of a (1) Dominicus electus in Abbatem ab omni congregatione consensu Imperatoris Henrici venerabilis Churradi filii Ann. 1047. Monk named Dominick who was chosen by the whole Community with consent of the same Emperour The act of that Election is mentioned at length in the Carâ—ulary with the Subscriptions of all the Monks who chose Dominick and it is specified in the beginning of that Act â—hat they all with one voice from the highest to the lowest chose Dominick 〈◊〉 Monk Priest then he adds that that was done with the consent of Elelin Chancellour to the Emperour Henry The same Monks in that Chronicle affirm besides that they were obliged to have recourse to Pope Vrban II. Because the Normans suffered them not to apply themselves to the Emperour The Author