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A29942 The clergy vindicated, or, The rights and privileges that belong to them, asserted according to the laws of England more particularly, touching the sitting of bishops in Parliament, and their making proxies in capital cases. Brydall, John, b. 1635? 1679 (1679) Wing B5255; ESTC R302 30,705 36

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Henry the Eighth as Chester and Bristow c. there the Chapters are also new There is a great Diversity between the coming in of the Antient Deans and the New For the Antient come in in much like sort as Bishops do For they are chosen by the Chapiter by a Cogue de Eslier as Bishops be and the King giving his Royal Assent they are confirmed by the Bishop But they which are either newly translated or founded are Donative and by the King's Letters Patents are installed Note The Word Dean is also applied to divers that are the Chief of certain peculiar Churches or Chappels As The Dean of the Ring 's Chappel The Dean of the Arches The Dean of St. Georges Chappel in Windsor The Dean of Bocking in Essex The Corporation consisting of Dean and Chapter they may joyntly purchase Lands and Tenements to the use of their Church and Successors And every one severally likewise may purchase to the use of himself and his Heirs Grants at this day Co. Lic 342. a. made by a Dean and Chapter or any other having any Spiritual or Ecclesiastical Living are restrained by Act of Parliament so as they cannot grant any Rent-Charge or make any Alienation or any Leases to bind their Successors other than for Term of twenty one Years or three Lives in Possession whereupon the accustomed Rent or more shall be reserved 2. Arch-Deacons Arch-Deacons in Latine Archi-Deacanus and in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ex 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Princeps 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Minister is styled Oculus Episcopi Whose Court is to be holden as is said before where and in what places he either by Prescription or Composition hath Jurisdiction in Spiritual Causes within his Arch-Deaconry And from him the Appeal is to be Diocesan It has been resolved Hobart 's Reports Hutton 's Case that if a Suit be before an Arch-Deacon whereof by the Statute of the twenty third of Henry the Eighth the Ordinary may license the Suit to an higher Court that the Arch-Deacon cannot in such Case bawlk his Ordinary and send the Cause immediately into the Arches For he hath no power to give a Court but to remit his own Court and to leave it to the next For since his Power was derived from the Bishop to whom he is subordinate he must yield it to him of whom he received it And it was said that so it had been ruled heretofore 2. Of a Spiritual Administration with a Cure UNder this Form I place Parsons and Vicars 1. Parsons Parson in Legal Signification is taken for the Rector of a Church Parochial and is called Persona Ecclesiae because he assumeth and taketh upon him the Parson of the Church and is said to be siezed in Jure Ecclesiae And the Law had an excellent end herein viz. That in his Person the Church might sue for and defend her Right and also be sued by any that had an elder and better Right And when the Church is full it is said to be Plena Consulta of such a one Parson thereof that is full and provided of a Parson that may Vicem seu personam ejus gerere Persona Impersonata Parson Impersonate Co. Lit. 300. b. is the Rector that is in Possession of the Church Parochial be it Presentative or Impropriate and of whom the Church is full To every Church-Presentative there is a Patron and it is he that hath the Advowson of a Parsonage belonging to his Mannour or otherwise in Gross and thereby may or ought to give the same Benefice or present thereto when and as often as it falleth void And that is in case of Death Resignation Deprivation or Session as by taking a Benefice incompatible And this being Patron had beginning for the most part by one of these three ways namely Either by reason of the Foundation for that the Patron or his Ancestors Co. Lit. 119. b. or those from whom he claims were Founders or Builders of the Church Or By reason of Donation for that they did endow or give Lands to the same for maintenance thereof Or else By reason of the Ground because the Church was set or builded upon their Soil And many times by reason of them all three 2. Vicars For the beginning of Vicaridges the difference betwixt a Vicaridge and an Advowson and the several sorts of Vicaridges I refer my Reader to Davy's Reports f. 83. a. Cro. 2. p. s 518. and I shall only give him some little Information concerning Vicaridges by shewing him somewhat of Impropriations Impropriations or Appropriations were says my Author when those Houses of the Romish Religion and those Religious Persons as Abbots Priors and such like had the Advowson of any Parsonage to them and to their Successors and obtained License of the Pope and of the Ordinary and King that they themselves and their Successors from thenceforth should be Parsons there and that it shall be from thenceforth a Vicaridge and that the Vicar should serve the Cure And so at the beginning Appropriations were made only to those Persons Spiritual that could administer the Sacraments and say Divine Service As Abbots Priors Deans and such like After by little and little they were enlarged and made to others As namely to a Dean and Chapter which is a Body Corporate consisting of many which Body together could not say Divine Service And which was more To Nuns that were Prioresses of some Nunnery which was a wicked thing In so much as they could neither administer Sacraments nor preach nor say Divine Service to the Parishioners And all this was for pretence of Hospitality and maintenance thereof And to supply these defects a Vicar was devised who should be Deputy to the Priors or to the Dean and Chapter and also at the last to the said Abbots and others to say Divine Service and should have for his labour but a little Portion and they to whom the Appropriations were made should retain the greater Revenues and they did nothing for it By means whereof Hospitality decayed in the place where it ought to have been chiefly maintained namely in the Parish where the Benefice was and where the Profits did grow And so it continues to this day to the great hinderance of Learning to the Impoverishment of the Ministery and to the Infamy of the Gospel and Professors thereof To this Learning of Impropriations I shall add the very words of him that was the Glory of his Age and Nation In mine Opinion Lord Bacon and Sense says he I must confess let me speak it with Reverence that all the Parliaments since the twenty seventh and thirty first of Henry the Eighth who gave away Impropriations from the Church seem to me to stand in a sort obnoxious and obliged to God in Conscience to do somewhat for the Church to reduce the Patrimony thereof to a Competency For since they have debarred Christs Wife of a great part of her Dowry
Temporal Baronies do enjoy all the Immunities that the Nobility and Peers of Parliament do saving only they are not to be judged by their Peers And the reason of this is because the Bishops cannot pass in like Cases upon the Tryal of any other of the Peers for that they are prohibited by the Canons of the Church to be Judges of Life and Death And reason would that the other Peers should not try them for this Tryal should be mutual for as much as it is performed upon their Honours without any Oath taken Now the Privileges that the Bishops claim as Peers of the Realm are such as these following 1. The Person of a Bishop shall not be arrested in Debt or Trespass by his Body 2. If a Bishop be Demandant or Plaintiff Tenant or Defendant there must be a Knight returned of his Jury or else the Array may be quashed 3. Arch-Bishops and Bishops are not bound to attend Leets nor to take the Oath there administred 4. A Day of Grace is never granted where a Bishop is Tenant or Defendant 5. If a Bishop be Defendant in Star-Chamber or Court of Chancery a Subpoena shall not be awarded but a Letter from the Lord Chancellor or Lord Keeper in lieu thereof 6. Every Arch Bishop or Bishop coming to the King at his Commandment and passing by any of the King's Forests may hunt and kill one or two of the King 's Deer 7. If a Bishop be Party to a Suit and would be essoigned he that casts the Essoigne out must put in Sureties to prove the Cause Which is not usual in the Case of a Common Person 8. If a Plaintiff recover against a Bishop in an Action of Debt or Trespass upon such a Plea pleaded by him or other Default in him so that a Fine thereby doth grow to the King and thereupon a Capias p●o Fine issueth out against him this shall not prejudice the Bishop so as the Plaintiff may thereby take advantage by Prayer that the Bishop shall abide in Execution c. 9. Whereas by a Statute made in 32. H. 8 c 16. it is enacted that the Subjects of the Realm shall not keep in their Families or Houses above the number of four Strangers born nevertheless by a Proviso in the said Act every Lord of Parliament hath his Privilege allowed unto him to keep in his Family the number of six Strangers born any thing in that Act to the contrary notwithstanding 10. By the Statute of West 1. c. 34. If any Person shall divulge false Tales of any of the Lords of Parliament by which Dissention may be betwixt the Commons and them the Offender is to be imprisoned until he bring forth the Author In brief My Lords the Bishops as 't is said before may challenge a Fruition of all the Privileges in virtue of their Baronies that the Lords Temporal can by virtue of theirs saving only the Bishops cannot be tryed by their Peers Which manner of Tryal was as I am informed brought into this Realm by William the Conqueror being answerable to the Norman and French Laws and agreeable to the Customs Feudal where almost all the Controversies arising between the Sovereign and his Vassal are tryed per Judicium Parium suorum 16. Their Precedency SIr Edward Coke treating on the Statute of the thirty first of Henry the Eighth c. 10. concerning the Precedency of the King 's great Officers hath these same words And first Cok● 4. Inst. 36● for the Lords Spiritual who sit in Parliament on the King 's Right Hand amongst themselves 1. The Arch-Bishop of Canterbury 2. The Arch-Bishop of York on the same form 3. The Bishop of London 4. The Bishop of Durham 5. The Bishop of Winchester And then all the other Bishops of both Provinces shall sit and be placed after their Antienties as before this Act was accustomed But having regard to the Lords and Noble Peers of the Realm both the Arch-Bishops have place above all the great Officers and Nobility in Parliament Council and Commissions saving in the Star-Chamber the Lord Chancellor or Lord Keeper hath the Precedency of them But the other Bishops have place above all the Barons of the Realm because they hold their Bishopricks of the King per Baroniam but they give place to Viscounts Earls Marquesses and Dukes Note that in the penning of all Acts of Parliament the Lords Spiritual have the Preseance of the Lords Temporal And this shall suffice for the placing of the Lords Spiritual in Parliament c. according to Sir Edward Coke I will offer something out of Mr. Seagar the famous Herauld touching Preseance in Provincial Assemblies and elsewhere When the Arch-Bishop of Canterbury sitteth in his Provincial Assembly he hath on his Right Hand the Arch-Bishop of York and next unto him the Bishop of Winchester and on the Left Hand the Bishop of London But if it fall out that the Arch-Bishop of Caenterbury be not there by the Vacation of his See then the Arch-Bishop of York is to take his place who admitteth the Bishop of London on his Right Hand and the Bishop of Winchester to his Left the rest sitting as they are Elders by Consecration C. Lib. 4. c. 24. Of Honours Military and Civil A Bishop must do Reverence unto his Father at home but being in the Church the Father shall follow him Between two Equals he that is in his own Jurisdiction shall precede As if an Arch-Bishop do come into a Diocess of a Bishop notwithstanding he is a Person of more Dignity yet ought he give Honour unto the Bishop because his Presence doth not cancel his Authority C. Lab. 4. c. 24. Of Honour Military and Civil 17. Their Excommunications EXcommunication that is the greatest Judgment upon Earth being that which is ratified in Heaven will be the better understood by these Particularities 1. It s Definition 2. It s Division 3. The Writs that belong to it 4. By whom it ought to be cerified 5. The Power of it in a Christian Church First Its Definition Excommunication is thus defined by Panormitan Co. Lit. 133. b Excommunicatio est nihil aliud quàm Censura a Canone Vel Judice Ecclesiastico prolata inflicta privans legitima Communione Sacramentorum quandoque Hominum Secondly Its Division This Excommunication thus defined by the Canonist is twofold Co. Lit. 133 b. it is either Lesser or Greater The Lesser is Per quam quis a Sacramentorum participatione Conscientia vel Sententia arcetur The Greater Excommunication is that which Non solùm a Sacramentorum verum etiam fidelium Communione excludit ab omni actu legitimo separat dividit Either of these disableth the Party to sue any Action in the Kings Courts And yet our Books tell us that every Excommunication disableth not the Party As for Example If Bailiffs and Commons 30. E. 3.15 Co. Lit. 134. a. or any other Corporation aggregate of many bring an Action Excommengement in the