Disciples of Marcion Lucifer Bishop of Calaris in Sardinia he diabolically held that mans Body was formed by the Devil That a Christian might kill himself to be quit of the burden of the flesh and allowed but part of the Old Testament Luciferniani it is supposed that these were not from the former but from another Lucifer for some say that these were rather but Schismaticks than Hereticks and only held that Faith was a Weapon of Contentions and not of Heresies Theod. Compen Haeres Sozom. lib. 5. cap. 13. Lombardians for want of another Name for in the time of the Emperor Albert in Lombardy near to Navarre there were a Sect of Hereticks who under colour of Religion and Charity made all things common and women in like manner moved men to carnal conjunction alledging it to be a deed of charity This was in the fourteenth century Imp. Hist pag. 522. Macedoniani of Macedonius the Arian Bishop of Costantinople They were sometimes Semi-Arians at other times Arians and sometimes orthodox but never constant They held that Christ was not of the same essence with the Father but only like to him And that the Holy Ghost was not God but Gods Minister and a Creature not eternal Manes a Persian otherwise called Manichaeus in Dioclesians time Author of the Manichees he was a devillish crack-braind fellow and chose to himself twelve Disciples and composed his heresies out of divers others He blasphemously affirm'd himself to be the Holy Ghost he held two beginnings the one good the other evil rejected the Old Testament and mangled the New denied Christs Divinity and his real Passion and the Resurrection of the Body Condemned Marriage Alms and Baptism he most blasphemously said that Christ was the Serpent that deceived Eve that Christs Body was fixed in the Stars That he redeemed Souls he forged many things about the Creation he worshipped the Sun and Moon as Gods attributed two Souls to every man he ascribed sin not to the free will of man and his natural defection voluntary from the Estate of the first Creation but to necessity because mans Body was made of the substance of the prince of darkness with other fond and blasphemous heresies One Scythianus a Sarazen Merchant infused these Heresies into him Warranes King of Persia hearing of his fame sent for him to cure his sick son who died under his hands whereupon he cast him into Prison from whence he made his escape into Mesopotamia but there the said King retook him slead him fill'd his skin full of chaff and caused it to be set up before the Gates of the City in Mesopotamia Euseb lib. 7. cap. 30. Socrat. lib. 1. cap. 22. Eccle. hist Marcellus Bishop of Ancyra the Metropolis of Galatia he held blasphemous Opinions against the Trinity and denied the Divinity of Christ Marcion the Disciple of the Heretick Cerdon he held besides Cerdons heresies that Christ was not the Son of God he held likewise the transmigration of Souls That War was not lawful though on just occasion he condemned Marriage rejected the Old Testament Forbad eating of flesh and allowed of Rebaptizing toties quoties as oft as men fell and repented Polycarpus called this Marcion Primogenitus diaboli Marcus a Magician of whom came the Mâ—â—citae he invented a new form of Baptism viz. In the Name of the unknown Father of all things and in the Name of the verity the Mother of all things and in the Name of him who descended upon Jesus he held that Christ suffered not nor assumed a Body he desiled the Sacrament and was a man of a very filthy life he denied the Resurrection of the Body and supposed that Salvation belonged only to the Soul Melchisedechiani the Author of these Hereticks was Theodatus Disciple to Theodatus the Currier he held that Melchisedech was made by God greater than Christ whose Divinity they also denied and magnified Melchisedech above Christ Menander Disciple and Contempory with Simon Magus a Samaritan and a Sorcerer and Author of the Gnosticks he held with Simon about the Creation by Angels and affirmed that he was sent from Heaven to save the World and that by vertue of his Baptism men should not dye nor grow old but the success not answering his promise his heresie fell of it self Epiph. Euseb Aug. Theod. lib. 4 cap. 11. Meletiani from Meletius a Bishop of Thebaida he was deposed for sacrificing to Idols This was in the fourth Century Messaliani they worshipped God but not in three persons and held that God might be seen with corporeal eyes that the Devil ruled our actions They attributed Salvation to Prayer totally they contemned Christs Passion and the Sacraments Alms and a laborious life and tolerated Perjury to promote Religion Metangismonitae they held that the Son was in the Father as a lesser Vessel comprehended in a greater That God had a Body and in the Divine essence was something greater and something lesser Aug. out of Philaster Monophysitae whose Author was Dioscorus Bishop of Alexandria they were also called Theopaschitae and Monothelites who denied not directly the two Natures of Christ but only affirmed that after the union of the Natures there was only one will and one operation in Christ they attributed the Divine Nature onely to Christ These were a branch of the Eutychian Hereticks Montanus of Phrygia Author of the Cataphryges he affirmed himself to be the holy Spirit he called himself the Holy Spirit whom Christ sent to instruct his Disciples in all truth He said that the Spirit fell but little upon the Apostles and fully upon himself He instituted Laws concerning fasting condemned second Marriage allowed Incest confounded the persons in the Trinity and baked mans Blood with the Bread of the Eucharist He seduced two women Priscilla and Maximilla to leave their Husbands and to be his Prophetesses Nazareni they styled themselves so because that before the Name of Christians began that Name was the most honourable among Christs Disciples They confessed Christ but withal held a necessity of observing the Law and framed strange things of Ouria or Nauria Noah's Wife as they would have it or Vesta They had many Gospels as they call'd them and boasted much of Revelations and Visions They held that the Soul of a Man of a Beast and of a Plant were all of one Substance These Hereticks continued till after the time of Epiphanius who reporteth that the Jews so hated them that they prayed twice a day against them Epiph. Aug. Theodor. Isodor Nepotiani from Nepos a Bishop in Egypt about the year 264. They affirmed that at the latter Day the Godly should rise before the Wicked and should live with Christ a thousand years in abundance of all earthly Pleasures Euseb lib. 7. cap. 24. Nestorius Bishop of Constantinople he spake against the personal Union of Christ's Divine and Humane Nature for he held that Christ had two several Persons but not
condemning the Heresies of Pelagius and Coelestius concerning the power of Mans Nature not supported by the Grace of God and Free Will of Man to do good of it self as also to inhibit Appeals to Bishops beyond Sea on pain of being secluded from the Communion of all African Bishops At Carthage in the year 402 under Honorius and Theodosius the Second a National Council of 217 Bishops was assembled which continued for the space of Six years The business of this Council was prevented by a Controversie happening between them and the Bishops of Rome who successively endeavoured but not successfully to perswade the African Bishops that they were under the Sovereignty and Jurisdiction of the Bishops of Rome to whom this Council would not allow of any Appeal from the Bishops of Africa At Bagaia in Africa about the year 433. certain Donatists to the Number of 310 assembled themselves in Council chiefly for the deposition of Maximinianus Bishop of Bagaia whom they Deposed and Accursed because he had renounced their Heresie and had recovered many others from the Error of that way At Ephesus in the year 434. and in the Eighth year of the Reign of Theodosius the Second by some called Theodosius the Younger was a General Council assembled against the Heretick Nestorius Bishop of Constantinople which Council consisted of above Two hundred Bishops by Command from the Emperour By which Council Nostorius for his Heresie in denying the Son of the Virgin Mary to be God and consequently the Personal Union of the Divine and Humane Nature of Christ was Banished to Oasis This was the first General Council of Ephesus promoted by Celestine the First wherein Two hundred Bishops as aforesaid condemned Nestorius together with Carisius his flattering Presbyter who instead of Two Natures acknowledged divers Persons in Christ and therefore pleaded that the Blessed Virgin Mary should be styled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 only and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In this Council Cyrillus of Alexandria is recorded President whom Nestorius being piously and brotherly invited to a better Opinion proudly contemned and having craftily allured John of Antioch to his party Anathematiz'd him and the Council who had formerly Anathematiz'd him The matter being related to the Emperour and throughly understood Cyrillus and his are cleared but Nestorius with his party is Banished as aforesaid to Oasis a Sandy Habitation where like another Cain says a Modern Historian roving here and there Blaspheming at length his Tongue being consumed and eaten up by Worms he breathed out his last There are it seems two Copies of this Council the First observing Eight the Second Thirteen Canons which are comprehended in the Anathema's of Cyrillus The Massilianites termed also Euchites and Enthusiasts were condemned by this Council and thereby the integrity of the Nicene Creed confirmed At Ephesus under Theodosius the Second was likewise a Particular Council assembled by Flavianus Bishop of Constantinople who condemned Eutyches an Abbot of Constantinople for Affirming That in Christ after the Union of the Divine and Humane Natures there were no longer Two Natures which absurd Opinion Flavianus damned as Heretical So that the occasion of this Second Council of Ephisus An. 449. was this Eutyches an Archimandrite of Constantinople who after Manes and Apollinaris denied the Flesh of Christ to be like ours but affirmed that falling from heaven like the Rays of the Sun it penetrated the Virgins womb And so he denied that Two Natures were in Christ Incarnate but asserted that his Flesh was changed into his Divinity for which he was as aforesaid condemned by Flavianus Patriarch of Constantinople and Eusebius Bishop of Doril and others their Associates yet by the help of Chrysaphius the Eunuch and Eudoxia the Empress whom he had seduced he prevailed with Theodosius that the matter might be determined by a Famous Synod for which reason this at Ephesus by the Emperours Authority was called where 128 Bishops met Dioscorus of Alexandria being President one so full of Eutychianism that Eutyches is absolved and the reclaimers forced says the Historian to subscribe by Club-Arguments Flavianus opposing it was so suriously trodden upon that three days after he died besides many very Learned Bishops discharged of their Places yet not long after all this was dashed in pieces by the most Famous Council of Chalcedon At Berytus in Phoenicia was held a Council about this time where in the Cause of Ibas Bishop of Edessa whom Dioscorus had deposed was revived and himself justified and absolved At Agatha in France was a Council held wherein nothing was more remarkable than that they had liberty to meet together by the Command of Alaricus King of Gothes who at that time had the Sovereignty in that parr of France called Gallia Norbonensis whence it appears That Councils both General and National were in all Countreys Convened by the Authority of Sovereign Princes At Chalcedon in Bythinia in the year 455. and in the Fourth year of Marcianus the Emperour was a General Council at which was present in person the Emperour and 630 Bishops and Reverend Fathers from most parts of the World In this Council Dioscorns Bishop of Alexandria together with Eutyches and Juvenalis Bishops at Jerusalem was condemned as an Heretick for absolving the Heretick Eutyches in the Council at Ephesus and acting other Crimes whereof he was then accused In this Council it was Ordained That men should believe that the Natures of Christ albeit that they were united yet were they not confounded as Eutyches had Heretically affirmed Also in this Council it was Ordained That Anatelius Bishop of Constantinople and his Successors should have the chief Dignity next unto the Chair of Rome This Council was called by the said Emperour Martianus against the said Eutyches Abbot of Constantinople and his Champion Dioscorus of Alexandria the suppositious Acts of the Council held at Ephesus were condemned by this Council those of Ephesus being in favour of Eutyches who affirmed one only Nature to be in Christ viz. his Divine Nature after his Incarnation It is not clear or certain who was President of this Council of Chalcedon excepting the Emperour and Judges Moderators The matters thereof were for the most part by favouring parties between Leo the First of Rome and Anatholius Patriarch of Constantinople At Ravenna in the Sixth Century was a Council Assembled by occasion of the Schism happening on the Election of Symmachus to the See of Rome whose Competitor was Laurentius afterwards made Bishop of Nuceria In Symmachus his time were no less than Six Councils held at Rome all Convened by Authority of Theodoricus King of Gothes who then Reigned in Italy and all of little importance otherwise than the Endeavours that then were for the Supremacy whereat they aimed At Valentia in Spain were assembled Two Councils called Herdense and Valentinum both very obscure Councils there being in the one but Eight Bishops present
was a Miracle that the Bath fell not down while Cerinthus was in it This Heresie began at Antioch and spread over Asia and Syria but this Name lasted not though Carpocras and Samosatenus continued the heresie Chiliastae or Millenarii their Author was Papias Bishop of Hierapolis whose Heresie was a Branch of that of Cerinthus in that point that Christ would raise the Godly first and live a thousand years with them on the Earth This Heresie was afterwards maintained by Nepos an Egyptian Bishop Two hundred thirty one years after Christ's Passion Circumcelliones They were the most reprobate Branch of the Donatists they would throw themselves headlong from high places or cast themselves into fire or water and counted it Martyrdome Aug. de Haeres Colarbasus he was Marcus the Magicians Fellow Disciple and held that mens Lives and Actions were ruled by Seven Planets and divided Jesus and Christ into two distinct persons Collyridiani they offered Divine honour to the Virgin Mary and Sacrificed to her as to the Queen of Heaven they worshipped her with Divine adoration and offered to her little Pasties baked Epiphan Coluthiani they denied that any evil either of sin or punishment was of God Donatists from Donatus a Preist of Carthage who missing the Bishoprick he would have had did discontentedly fall into these heresies viz. That the true Church was no where but with him and his Disciples that obedience to Gods precepts ought to be voluntary and not compulsive That no Hereticks ought to be punished by the Magistrate he measured the effects of the Sacrament by the Minister not by the Author He Rebaptized used Incantations and boasted of Revelations he held the Son to be less than the Father and the Holy Ghost less than the Son His followers slew as many opposites to their Sect as they could he was at last Bishop of Numidia Ebioni from Ebion a Samaritan their Founder or from Ebion Hebraice Poor they having made themselves so by distributing their Goods in Alms. They denied the Divinity of Christ rejected St. Pauls Epistles and all the Gospel except St. Matthew and held themselves bound to observe the Law of Moses as necessary to Eternal Life Euseb Elcesai of Elcesai their Founder they were also called Sampsei They opposed the Virginity of the Virgin Mary and held that there were two Christs one inferiour born of her the other superiour also that the Spirit was Sister to Christ They adored water as a God held it Lawful to become Apostates in time of persecution and approved of one onely Apochryphal Book made by themselves They sprang from Ebion the Heretick Enchratitae so called because they abstained from Wine eating of Flesh and living Creatures they condemned Marriage and blasphemed the Epistles of St. Paul The Author of this Sect was Tatianus a Syrian Euseb l. 4. c. 28. Euchitae they held Baptism unprofitable Eunomius Bishop of Syricum an Arian he added to the heresies of AEetius that the Holy Ghost was Created by the Son and that Christ assumed only a humane Body and not a Soul he was confuted by St. Basil Eutyches Abbot of Constantinople confuting Nestorius fell himself into other errors and confounded the two natures of Christ making him after his union to have but the Divine nature only and held that he assumed nothing but Humane from the Divine He affirmed also that the Divine nature was passible and that Christ was rather Deified than God he was condemned in the Council of Chalcedon Foelix Bishop of Vrgel on the Pyrenean hills he held that Christ in his Humane nature was the Adopted Son of God he was condemned for Heresie at Ratisbon hence came the Foeliciani Floriani from Florinus or Florianus a Priest of Rome he held that God Created all Creatures and things in an evil state and celebrated the Passover after the manner of the Jews Fratricelli they were of Opinion that a man might in this world attain to a state of such perfection that he might be altogether without sin and that he who had attained thereto was neither under subjection to Civil nor Spiritual Governors but was freed from all subjection to mortal men and that they had no need of Prayer or Fasting These were in the thirteenth Century and now also in this seventeenth Century are every where to be found among us though under another appellation Gazareni called also Patereni and Gazari these were certain Hereticks about Tholouse in France in the thirteenth Century who held that married men were not in a State of Grace and could not be saved This Opinion was condemned by the Council of Lateran Gnosticks they assumed that Name from the knowledge and learning which they proudly conceived they had above all others They held besides those heresies of the Carpocratians many other fond Opinions concerning the Creation by Angels and affirmed that every faithful man had two Souls that there were two Gods one good and the other bad They distinguished Jesus from Christ and held that Christ was eighteen months upon Earth after his Resurrection There were divers sorts of this Sect. Godescalchus one of the Netherlands about the year eight hundred forty nine perniciously held that those who were predestinated unto life by a decree of Gods predestination were necessitated to do well and those who were predestinated to condemnation were necessitated by a Decree of God to do evil Helsesaitae the same with those formerly called Elcesai otherwise called Sampsaei they mixed the Religion of the Jews Gentiles and Christians together they rejected the Writings of the Apostle Paul and affirmed that a man who denieth the Lord with his mouth in the time of persecution if so be he adhered to the Faith in his heart he had committed no sin they carried about with them a singular Book which they said was sent down from Heaven and promised remission of sins to every man that would hearken to the words of that Book these were of the third Century Epiphan contr haeres 2. Comment Func in Chron. Hermiani they sprung from Hermogenes an Affrican and held that the Mass whereof the World was created was coeternal with God That Angels created mens Souls That Christ ascending left his humane flesh in the Son They denied the Resurrection and received not Baptism by water Hieracitae of Hierax an Egyptian of Leontopolis he spake of the Father as of two lights differing in substance damned Marriage denied the Resurrection excluded Children from Heaven held that Melchisedeck was the Holy Ghost and that Paradise was no Earthly place Jacobitae of Jacob a Syrian called Zanzalus for his poverty They received the heresie of Eutyches Jovinianus a Roman he held all sins to be equal denied the Virginity of the Virgin Mary Contemned Fasting and all Spiritual exercises and held that men did not sin after Baptism Lucianistae and Apelliani so called from Lucianus and Apelles
a day extraxit gladium against J. L. ipsum percussit and because the Statute was If any person maliciously strik another or shall draw any Weapon with an intent to strike any person And the Indictment was quod extraxit but does not say ad percutiendum And because it is quod percussit without saying malitiose the party was discharged upon Judgment If there be a Parson Appropriate of a Church and also a Vicar endowed of the same Church the Trees in the Church-yard do there belong to the Vicar and not to the Parson for that there the Vicar ought to repair the Church and he shall have the Trees which ought to repair the Church Dubitatur Mich. 13 Jac. B. R. Bellamie's Case The Lord Coke said That for the Body of the Church the Ordinary is to place and displace in the Chancel the Freehold is in the Parson and it is parcel of his Glebe Trespass will lie by the Heir for pulling down the Coat-Armor c. of his Ancestors set up in the Church A Pew cannot belong to a House 23. An Inhabitant of the Parish of D. hath Land in his occupation in the Parish of S. The Church-wardens of S. and other the Parishioners there make a Tax for the Reparation of the Church for Ornaments of the Church and for the Sexton's wages amounting to the sum of 23 l. and the Tax of the Church being deducted cometh but to 3 l. only The Foreigner which dwells in D. is sued in the Ecclesiastical Court by the Churchwardens of S. for his part of the said Tax and he prays a Prohibition Henden said he well agreed the Case of Jefferies 5 Coke that he should be charged if this Tax had been for the Reparation of the Church only for this is in nature Real But when that is joyned with other things which are in nature personal as Ornaments of the Church or Sexton's wages with which as it seems he is not chargeable then Prohibition lies for all Flemming Chief Justice and Williams Justice thought fit that he should not have a Prohibition for as well the Reparations of the Church as the Ornaments thereof are meerly Spiritual with which this Court hath nothing to do and Flemming said That such Tax is not any charge issuing out of the Land as a Rent but every person is taxed according to the value of the Land But Yelverton and Fenner to the contrary that a Prohibition doth lie for the same diversity which had been conceived at the Bar and also they said That he which dwels in another Parish doth not intend to have benefit by the Ornaments of the Church or for the Sexton's wages And for that it was agreed by all by the Chief Justice Williams and the others That if Tax be made for the Reparation of Seats of the Church that a Foreigner shall not be taxed for that because he hath no benefit by them in particular and the Court would advise In Penner and Crompton's Case it was held That none shall be chargeable for contribution to Church-reckonings if he do not inhabit there or consent to them More 's Rep. 24. Note upon a motion for a Prohibition That if a Parson contract with me by word for keeping back my own Tithes for three or four years This is a good Bargain by way of Retainer and if he sue me in the Ecclesiastical Court for my Tithes I shall have a Prohibition upon this composition But if he grant to me the Tithes of another though it be but for a year This is not good unless it be by Deed. 25. The disposal of Seats in the Body of the Church doth belong of common right to the Ordinary of the Diocess so as he may place and displace at his pleasure If a man and his Ancestors and all those whose Estate he hath in a certain Messuage have used time out of mind c. to repair an Isle of the Church and to sit there and none other the Ordinary may not displace him for if so then a Prohibition lies for that he hath it by prescription upon reasonable consideration Likewise if a man prescribe That he and his Ancestors and all those whose Estates he hath in a certain Messuage have used to sit in a certain Pew in the body of the Church time out of mind c. in consideration that he c. have used time out of mind to repair the said Seat If the Ordinary remove him from that Seat a Prohibition lies for in this case the Ordinary hath not any power to dispose thereof for that is a good prescription and by intendment there may be a good consideration for the commencement of that prescription although the place where the Seat is be the Parson 's Freehold In this case a Prohibition was granted to the Bishop of Exeter for one Cross But if a man prescribe to have a Seat in the Body of the Church generally without the said consideration of repairing the Seat the Ordinary may displace him But with the Seats in the Chappels annexed to Noblemens Houses it is said the Ordinary hath nothing to do If there be a custome in a Parish that 12 of the Parishioners may chuse the Churchwardens which Churchwardens have power by the custome to repair the old Seats and erect new in the Body of the Church and to appoint who shall sit in them And the Churchwardens so elect erect a New Seat in the Body of the Church and appoint a certain person to sit there and after the Ordinary decree That another shall have the Seat In this case it is said a Prohibition lies for the custome hath fixt the power of disposing the Seats in this case in the Churchwardens and a Prohibition was granted But it was also partly granted for that the Sentence of the Ordinary was That T. should have the Seat to him and his Heirs and that none should disturb him on pain of Excommunication which is unreasonable and by that Sentence he and his Heirs shall have it although they do not Inhabitants within the Parish 26. The Ecclesiastical Court hath cognizance of the Reparations of the Body of the Chuech If a man that dwells in one Parish hath Land in another the which he keeps in his own hands and occupation he shall be charged for that Land for the Reparation of the Church of that Parish where the Land lies for that he may come when he will and it is a charge in respect of the Land But if an Inhabitant in one Parish lease out his Land which he hath in another Parish reserving Rent he shall not be charged where the Land lies in respect of the Rent because there is a Parishioner and an Inhabitant that may be charged And a man cannot be charged in the Parish where he doth inhabit for Land which he hath in another Parish to the Reparation of the
Prescription de non Decimando as to that is good No Tithes shall be paid de jure for Cole Hill 14 Jac. B. R. per Houghton Common of Estovers or the Wood which a man burns in his house doth not pay Tithes Composition Real is one of the waies or means whereby Tithes may be discharged It is where the Incumbent Patron and Ordinary by Deed or Fine do agree that such Lands shall for ever be freed and discharged of all manner of Tithes paying an Annual payment or doing some other thing for the profit or advantage of that Parson or Vicar to whom the Tithes did belong from which Compositions all Prescriptions de Modo Decimandi have or should have had their Original But these Real Compositions so as to oblige the Successor of the Parson or Vicar that made the same seem now to be restrained by the Statute of 13 Eliz. cap. 10. whereby they are prohibited from making any Grant for above 21 years or three Lives and that with the accustomed yearly Rent reserved And if the Parson or Vicar make any Composition with his Parishioner without his Patron and Ordinary it shall bind only for the Parsons life and during his Incumbency This Composition is either between Parson and Parishioner or inter Clericos if it be between Parson and Parishioner and it be touching Tithes past the Composition is good though it were without any Consideration at all but if it be touching Tithes to come it may be good as to a payment of Tithes only in part but not good as to a non-payment of any Tithes at all nor is it good in part without the Bishops approbation and confirmation If the Composition be inter Clericos and the Tithes be Personal Tithes it holdeth not but if they be Predial Tithes the Composition holdeth the Approbation of the Bishop of the Diocess being thereunto had So that Composition for the remitting or entirely taking away of Tithes it not good in Law but a Composition with the Parson or Vicar to have but the Thirteenth Sheaf for his Tithe was held to be a good Composition and should bind the Parson Composition may likewise prevent the payment of Tithes in kind and if it be made with a Parson or Vicar to pay a Modus Decimandi which hath continued time out of mind Custome being equivalent to Law it is good and shall bind the Parson and his Successors and although a Modus Decimandi cannot begin at this day but must be by Prescription yet a Composition may be made which shall bind during the life of him that made it The Case was A Vicar did contract with his Parishioner to pay so much for increase of Tithes and died his Successor sued in the Ecclesiastical Court for them A Prohibition in this case was granted by the Court The words of the Contract were inter se convenerunt It was holden that this was not a Real Composition although that the Bishop did call it Realis Compositio for his calling of it so doth not alter the nature of it but it remains a Personal Contract and so shall not bind his Successor although it were confirmed by the Bishop It was said by Mallet Justice in this case A Real Contract although it be made between Spiritual persons and of Spiritual things is only questionable at the Common Law Composition shall bind during the life of him that made it though not his Successors Coneys taken in a Warren shall pay Tithes yet they are not Predial but Personal Tithes Sed Q. whether Tithes shall be paid of them because Berkley Justice They are not Tithable but by Custome 15 Car. B. R. For no Tithes de jure without a Custome ought to be paid for them for they are Ferae naturae Trin. 8. Car. B. R. Worden Bennet's Case after a Prohibition granted a Consultation denied per Curiam for the reason aforesaid Pasch 13 Car. B. R. Sir Jo. Brewen Dr. Bradish's Case per Cur. a Prohibition granted and Hill 13 Car. B. Vincent and Tutt's Case Prohibition granted and for Prohibition pleaded by the Parson to have them by Prescription Mich. 14 Car. B. R. Williams and Wilcock's Case Or if a man steals Coneys out of a Warren he shall pay no Tithes of them because the Law gives him no property in them nor shall the right Owner pay any Tithes of them because he hath no profit by them Corn pays a Predial Tithe as that which comes partly by the Industry of Man and partly of the Earth Mich. 8 Jac. C. B. Magna Charta 649. And if a Custome be alledged That the Parson shall have but the Tenth Sheaf of Wheat for all the Tithes of all manner of Corn and Grain this is no good Custome Yet Corn of all kinds fowed is Tithable according to the Custome of the place and is commonly Tithed by the Tenth Shock Cock or Sheaf where the Custome of the place is not otherwise but not to put the Parsons Tenth up on end in Shocks unless the Custome of the place be so And if the Owner will not cut his Corn before it be spoiled the Parson is without remedy And if he doth change the Corn or Grain fowed in the same ground such change of the Corn so sowed doth change the Tithe to the same kind of that Grain And if a man pay Tithe of Corn he shall not pay any Tithe for the Stubble which grew the same year on that Land Hill 6 Jac. B. pl. 13. Smiths Case per Cur. Case ibid. Pasch 7 Jac. per Cur. Mich. 9 Jac. Baxter Hope for the Aftergrass 2 H. 4. Rot. Par. nu 93. No Tithes for the Agistment in such After-pasture And if the Parson hath Tithes of Corn one year and the Land be left without Seed the next year that so it may be Plowed and made ready for Seed the the third year no Tithes shall be paid the second for by lying fresh the Land is the better and the Parson will have the better Tithes the third year Pasch 7 Jac. Smith's Case By the Statute of 2 Ed. 6. cap. 13. the Parson or Vicar is priviledged to come upon the Land to see the Tithes set forth For by the said Statute it is Enacted That at the Tithing time of Predial Tithes it shall be lawful for any to whom Tithes are payable or for his Deputy or Servant to see the said Tithes to be set forth and severed from the Nine parts and quietly to take and carry them away And as the Parsons Rights are hereby secured from the danger of having his Predial Tithes subtracted so likewise the Law hath provided nor only for the prevention of his being defrauded therein and for his quiet removal and carrying the same away but also for an open free and unmolested way and passage through which to carry the same away as appears by Halsey's Case The Case was
the Bishop were Discharged in his hands absolutely by Prescription the Demising it to a Lay-man cannot make it chargeable and the Bishop might reserve the greater Rent A Parson by Deed Indented leaseth his Glebe cum omnibus proficuis commoditatibus It was notwithstanding Adjudged that the Lessee shall be charged with the payment of Tithes And in an Action of Debt upon the Statute of 2 Ed. 6. for not setting forth of Tithes the Case was The Lands were a parcel of the possession of the Templers whose Lands were annexed to the Priory of St. Johns The Templers had a Special Priviledge to be Discharged of Tithes of those Lands which propriis manibus excolunt By a Special Act of 32 H. 8. the Possessions of the Priory of St Johns were given to the King by general words of all Lands in tam amplis modo c. as the Abbots held them Resolved That the Defendant should not be Discharged nor have the Priviledge for by the Common Law a Lay-person was not capable of such a Priviledge and the King should not have the benefit of the Priviledge until the Stat. of 31 H. 8. But the Statute extends only to such Possessions as came to the King by Surrender and should be vested in him by that Act and doth not extend to Possessions which are vested in him by another Act. and these Lands were given to the King by a Special Act of Parliament and therefore not Discharged of Tithes Dotards or the Branches of Trees of twenty years growth or upward are not Tithable Doves in a Dove-house do pay Personal not Predial Tithes but if stolâ— out of a Dove-house no Tithe is to be paid of such Tithes shall be paid de jure of young Pidgeons Mich. 14 Jac. B. between Whatley and Hambury Resolved Hill 15 Jac. B. R. Resolved and a Prohibition denied in Gastrell's Case By Custome Tithes may be paid of Pigeons spent in a mans own house but not so of Common right Case ibid. But if sold they shall pay Tithe dict Cas Whatly E EGgs are Tithed in kind or according to the Custome of the place which serves for the Tithe of the Tame and Domestick Fowl where their young are not paid in kind and where Tithe of Eggs is paid there is no Tithe of the young And so vice versa where the Tithe of the Young is paid there no Tithes of Eggs may be demanded F FAllow-Grounds pay no Tithe for these years wherein they lie Fallow nor is the Pasture thereof Tithable unless it be kept Lay beyond the course of Husbandry for if Land lie Fallow every two or three years the same is a charge unto the Owner and Tenant for that time and an advantage to the Parson in the bettering of his Crop the year following when the same is sowed with Corn or Grain and therefore although the Grass and feeding of the Fallow-ground for that year be some small profit to the Owner of the Soil yet he shall not pay Tithe for the same as hath been Adjudged Yet it was afterward Adjudged That if Lands be Tithable and the Tenant or Occupier of the Land will not Plough it or Manure it especially thereby to prejudice the Parson that in such case the Parson may Sue the Tenant in the Ecclesiastical Court to have Tithe of that Land Ferae naturae Beasts and Birds that are such are not Tithable till they become tame and profitable to the Owner that is till they are reduced to a Tameness and Property yet it hath been held that Tithes are not payable for tame Turkies Pheasants or Partridges nor for their Eggs Although Beasts Ferae naturae as Bucks Does Pheasants c. are not Tithable of themselves yet they may be given for Tithes or for a Modus Decimandi as a great Tree may be given for Tithe of Trees tithable And as things which are Ferae naturae whereof a man hath not an absolute property are not Tithable so likewise of things which are meerly for Pleasure Tithes shall not be paid Fenny-Lands drained and made Arable do pay Tithes notwithstanding the Statute of Barren Land Fish taken in the Sea are by the Custome of the Realm Tithable not by the Tenth Fish but some small Sum of Money in consideration of a Tithe But if taken in a Pond or in a several Piscary then they are Tithable by the Owner thereof as a Predial Tithe and as such ought to be set forth according to the Statute of 2 Ed. 6. Trin. 8 Jac. C. B. the Earl of Desmond's Case Mich. 15 Car. B. R. Adjudg acc vid. Trin. 9 Car. B. R. Yet it is said that Fishers Fowlers and Hunters not for pleasure but by way of Trade for profit pay some Tithe by usage in nature of a personal Tithe to the Parson or Vicar where they inhabit though they take their Fish Fowl c. in another Parish but if they paid Money to another in that other Parish for this liberty of Fishing c. then he that takes that Money must pay as a Predial Tithe to the Parson of that other Parish where he inhabits Fish taken in the Sea being Ferae naturae are not understood to be Regularly but Customarily only Tithable as in Cornwall Wales Yarmouth c. And so it hath been Resolved albeit in the said Case of the E. of Desmond it was held that they were Tithable by the Custome of the Realm In which case it is more probable that the Fishers pay a Personal than the Fish a Predial Tithe to the Parson or Vicar of that Parish where they inhabit To this purpose there is a Case extant wherein a Prohibition was granted against the same Parson of W. in the County of L. for suing in the Ecclesiastical Court for the Tithe of Trouts taken in a River because being Ferae naturae they are not Tithable and a President was shewed 5 Car. where a Prohibition was granted against the same Parson for suing for Tithe-Eeles taken in the River because they were Ferae naturae And it was said that in Yarmouth was a Suit for Tithe-Herrings taken in the Sea but they could not prevail in it Jones Justice said That in Wales they used to pay Tithes for Herrings and in Ireland it is a common course to pay Tithe for Salmons taken in Rivers whereunto it was replyed That that might peradventure be by Custome for otherwise Tithes are not due for Fish taken in Rivers For no Tithes de jure are to be paid for Fish taken in a Common River Pasch 5 Car. B. R. a Prohibition granted to stay a Suit for Tithes of Eeles taken in a Common River in the Parish of Barton in Westmerland and Hill 9 Car. Prohibition granted to stay a Suit for Tithes of Trouts in the same River But the Court seemed to be divided whether Tithes of them were due or not But they granted a
that Nag or Horse for that it is a Barren Beast not renewing but kept only for Labour and so Adjudged in the Parson of Thimblethorpe's Case where the Case was That a man Leased out certain Lands to another reserving to himself the running of a Nag for his own Riding and after the Lessor was sued in the Ecclesiastical Court for the Tithes of that Nag and a Prohibition was granted by Mountague Crook and Doderidge for that it is a Barren Creature and used only for Riding and although it was urged at the Bar that the Lessee paid him Tithes for all the Herbage but the Court took no advantage of that But Houghton seemed è contra for it seem'd to him That no Barren Cattel should be discharged of Tithes other than such as are used for Husbandry But that was not used for Husbandry Ergo c. And in the Case of a Prohibition between Hampton and Wilde It was Resolved That Tithes shall be paid for Pasturage of a Gelding for his Saddle or if it be sold but not for Horses used only for Labour In a Prohibition the Case was M. the Defendant being Parson of D. did Libel in the Ecclesiastical Court for the Tithes of Sylva Caedua and of the Herbage for depasturing of his Geldings The Plaintiff there shewed that they were his Hackney Geldings which he kept for his pleasure and for himself and his Servants to ride upon being his Saddle Horses and this Plea being there refused for this cause he prayed a Prohibition The whole Court was clear of Opinion That here was good cause for a Prohibition for that these Horses are not Tithable nor any Tithe-Herbage is to be paid for them otherwise it were if they had been Cart-Horses which he had to Till his Ground or for Cattel bought and Fatted to sell again for gain for these he ought to be answerable to the Parson for the Herbage of them but not for the Herbage of his Geldings by him kept and used only for his Pleasure but it was for working Horses for the Cart or Plough or for Fat Cattel bought and and Fatted to sell again of such Cattel allowance is to be made for their Herbage because that a Profit doth come in by them but otherwise it is of Saddle-Horses the whole Court agreed in this and therefore in this Case by the Rule of the Court a Prohibition was granted Nurseries of young Trees and Plants pay Tithes If a man be seised of Land within a Parish which used to pay Tithes and a Nursery be made thereof for young Trees and Plants of divers kinds of Fruit as Apples Pears Plums c. Also of Ash c. and after sell divers of them to Strangers out of the Parish to be transplanted he shall pay Tithes of that Nursery to the Parson for although the young Trees are parcel of the Freehold so long as they continue there yet when they are transplanted they are severed and taken from the Freehold and if that should be permitted without payment of Tithes the Parson might be defeated of the Tithes of all the Land in the Parish by converting them into Nurseries Hill 14 Car. B. R. Gibbs Wiburne Adjudg per Cur. upon a Demurrer and a Consultation granted accordingly Intrat Mich. 14 Car. Rot. 75. Cro. par 3. O OAks beyond 20 years growth that are become dry and rotten and thereby not fit for Timber shall pay no Tithe because they were once priviledged And if Oaks beyond 20 years growth have been used to be Topt and Lopt within every 20 years yet no Tithes shall be paid of these Tops and Branches cut within 20 years growth because their stock is discharged of Tithes Trin. 38 Eliz. B. R. Ram Patteson Mich. 3 Jac. B. Brook Rogers Co. 11. Sampson Worthington 48. B. Adjudg It was also Resolved in Wray and Clenche's Case That small Oaks under twenty years growth apt for Timber in time to come shall not pay Tithes Mores Rep. Likewise Oaks Top'd within the age of 20 years and after the Lop left to grow beyond 20 years no Tithes shall be paid for it is now become Timber Mich. 10 Jac. B. per Coke And Oaks decayed that are not Timber but converted to Firewood shall notwithstanding not pay Tithes More Case 716. Oblations Obventions and Offerings seem to be but one and the same thing and are in a sense something of the nature of Tithes being offered to God and his Church of things Real or Personal Offerings are reckoned amongst Personal Tithes and such as come by labour and industry paid by Servants and others once a year to the Parson or Vicar according to the Custome of the Place or they are to be paid in the place where the party dwells at such four Offering-days as before the Statute of 2 3 Ed. 6. c. 13. within the space of four years then last past had been used for the payment thereof and in default thereof Cro. 3. Abridg. Case 3159. In London Offerings are a Groat a House They are by the Law now in force to be paid as formerly they have been Vid. Stat. 32 H. 8. 7. 27 H. 8. 20. 2 3. Ed. 6. 13. Co. 11. 16. They properly belong to the Parson or Vicar of that Church where they are made Of these some were free and voluntary others by Custome certain and obligatory They were anciently due to the Parson of the Parish that officiated at the Mother-Church or Chappels that had Parochial Rights but if they were paid to other Chappels that had not any Parochial Rights the Chaplains thereof were accountable for the same to the Parson of the Mother-Church Lindw c. de Oblation cap. quia quidam Such Offerings as at this day are due to the Parson or Vicar at Sacraments Marriages Burials or Churching of Women are only such as were confirmed by the Statute of 2 Ed. 6. 13. and payable by the Laws and Customes of this Realm before the making of the said Statute and are Recoverable only in the Ecclesiastical Court Orchard the Soil whereof is sowed with any Grain the Parson may claim the Tithe thereof as well as of the Fruit of the Trees because they are of several kinds and of distinct natures Coke Magn. Chart. 652. P PArk if converted into Tillage shall pay Tithe in kind for a Park is but a Liberty a discharge therefore of the Tithes of a Park is not a discharge of the Tithes of the very Soil which may be converted into Tillage Or if there be a Modus Decimandi of the Park and the Park be disparked and the Land converted into Tillage or Hop-ground or the like in this case though Tithes in kind are not payable yet the Modus shall remain The Case is the same if the Park be disparked by having all the Pales fallen down which in Law is a disparking of the Park Sed Q. For to pay a Buck or a Doe or the
Yet if these be cut under 21 years growth they are accuonted Sylva Caedua and ought to pay Tithes But the Loppings of great Oaks Ashes c. though the Lops be under twenty years growth shall not pay Tithes being priviledg'd by the Bodies nor are the Shoots and Underwood growing from the Roots and Stocks of such Timber-Trees Tithable or from the Roots and Stocks of Trees above the growth of 20 years which have been felled Vid. Trees Wood Vnderwoods and Timber T TAres or Green Tares cut before they are Ripe or mowed when they are green for the Feeding of Cattel when Suit hath been commenced in the Ecclesiastical Court for Tithes thereof a Prohibition hath been granted upon a Suggestion grounded upon special Customes that no Tithes ought to be paid for the same Fetches Tares and other course Grain eaten only by the Cattel which do the Husbandry-work in the place pay no Tithe except there be a Special Custome for it Lane 16. Notwithstanding whether they are Tithable or not if cut for Horses is a Question for where upon a Libel in the Ecclesiastical Court for Tithes of Green Tares cut for seeding of Labouring Horses it was moved for a Prohibition it was not granted upon such a general Suggestion it being no ground for it Otherwise upon the Custome of the Parish That no Tithe hath been paid in such case It was Mead and Thurman's Case which is elsewhere Reported That a Prohibition was prayed upon a Suggestion of this Custome That for Tares cut or mowen before they are ripe and given to Plough-Cattel Tithes ought not to be paid And another Custome for Headlands sown with Corn used to be fed with Plough-Cattel or mowed or cut for that purpose that the Owners should be discharged of Tithes It was holden by the Court That this Suggestion grounded upon a Special Custome was good and the parties being sued for the Tithes of the Premisses in the Sp. Court the Court granted a Prohibition Timber-Trees that have been usually Top'd and Lop'd such Toppings and Loppings are not Tithable for the Law that doth priviledge the Body of the Tree doth priviledge also the Branches thereof The Law is the same if the Tree become Rotten Dry and Barren Timber-Trees in all Counties as Oak Ash and Elm after twenty years growth are not as aforesaid Tithable Also Beech Horn-Bean Maple Asp and Hasel may in some Counties where there is scarcity of other Timber and an Usage accordingly be computed as Timber-Trees and not Tithaable But any Timber-Wood if it be cut within twenty years after the first planting thereof is Tithable But on the other hand Timber-Trees once discharged of Tithes are for ever discharged and quit of Tithes though rotten dead Whether a Parson may Prescribe to have Tithes of great Trees contrary to the Common Law and the Statute of Sylva Caedua Quaere 9 H. 6. 56. It is said by Belknap That of great Trees or of Timber-Trees Tithe was never demanded and that by the Statute of 43 Ed. 3. But vid. Coke 11. par in Liford's Case the words in that Statute and in the Book of 50 E. 3. viz. Great Trees must be intended Oaks Ash and Elms of all which as well before the said Statute as since if they were of twenty years growth it seems by the Common Law Tithes were not to be paid because of their own nature they were only accounted Timber-Trees and fit for Building But of Sallows Willows Maples and the like although they be above twenty years growth yet Tithes thereof shall be paid Of other Trees of the age of twenty years growth or upwards which are Timber-Trees Tithes shall not be paid but of Sylva Caedua and Underwoods Tithes shall be paid but not of great Trees by Statute In a Prohibition the Question was Whether Trees which were above the age of 20 years growth become Rotten and be cut down for Fewel shall pay Tithe or not It was the Opinion of the Court that they shall not pay Tithes for that Tithes are payable for all increase and not for a decrease and being priviledged in regard of their high nature this Priviledge shall not be lost in regard of its decrease So if Timber-Trees become Arida Sicca c. yet because sometimes it was an Inheritance which was discharged of Tithes although it now become Dotard Tithe shall not be paid of the same for the quality remaineth though the estate of the Tree be altered If a Tree under the growth of 20 years be Top'd and the Body thereof suffered to grow till it be past that age and afterwards the Boughs being grown out again are Top'd and Lop'd again Tithes thereof shall not be paid although that the Tree was not Priviledg'd at the first cutting which was the Opinion of the whole Court of Common-Pleas Such Timber-Trees are in Law known by the name of Great Trees and Gross woods Trades and Labours pay some Tithe by usage in the nature of Personal Tithes and so Carpenters Masons c. and all Handicrafts-men have paid Tithe There was a Parson in Bristoll that sued an Innkeeper there for the Tithes of the Profits of his Kitchin Stable and Wine-cellar in a Prohibition moved for by Yelverton the Case appeared to be this The Defendant being Parson of a Parish in Bristoll did Libel in the Ecclesiastical Court against the Plaintiff being an Innkeeper of the Bear in Bristoll to have Tithes of the Profits by him made of his Kitchin Stable and Wine-cellar and lays in his Libel there That he made great gain in selling of his Beer having bought it for 500 l. and sold the same for a 1000 l. and so Libels for the Third part of the Profits of the same and sets forth in his Libel That this is due unto him per Communem Legem Angliae and sets forth in his Libel That Negotiando and Traficando he doth bargain and sell Beer in his Inn for 1000 l. which he bought for 500 l. and gained in his Sale 300 l. and better of which gain he ought to have Tithe Yelverton moved for a Prohibition setting all this matter forth in his Suggestion and further shewed That the Defendant had yearly of the Plaintiff 40 l. at the least Doderidge Justice The Defendant would have Tithe as I think also of the Kitchin-stuff Clench Clerk of the Papers informed the Court That there was a Parson who Libelled for Tithes of the gains of 10 l. for an 100 l. put out at Interest and a Prohibition was granted In this principal Case by the Rule of the Court a Prohibition was awarded Transaction differs from Composition only in this that Transaction is an Agreement touching Tithes upon things litigious and doubtful the other is Frank gratuitous and voluntary of things not contended for See Composition Treble Dammages may be had in an Action grounded upon the Statute of 2 Ed. 6. for not
and enjoyn him penance according to Ecclesiastical Law but upon such conviction the party shall not he burnt Note says the Lord Coke in the same place that the makers of the Act of 1 Eliz. were in doubt what shall be deemed Heresie or Schism c. and therefore the Statute of 10 Eliz. provides that nothing shall be deemed Heresie but what had been so determined by one of the four General Councils the word of God or Parliament vid. Fox in Ed. 6. and Britton 5 Ed. 1. lib. 1. cap. 17. and with this agrees the Statute 2 H. 5. cap. 7. 23 H. 7. 9. 25 H. 8. c. 14. The proceedings in the commencement and end was altered by the Statute of 25 H. 8. Then came the Statute 1 Ed. 6. cap. 12. and that repealed 5 R. 2. 2 H. 5. and 26 H. 8. and the 2 H. 4. and by general words all Statutes concerning matter of Religion then the 1 2. P. M. cap. 6. Revived the 2. H. 4. by which the 25. H. 8. lost it's force the Act 1 and 2 P and M. cap. 8. expresly repealed 21 H. 8. 23. H. 8. 24. H. 8. 27. H. 8. but the 25. H. 8. cap. 14. was not repealed being repealed before by the 1. Ed. 6. yet in the end of that long Act there is a general clause sufficient of it self to repeal the Act 25. H. cap. 14. without more Then the 1. Eliz. cap. 1. repeals the 1 and 2 P. and M. except some Branches and in the same Act it is enacted that all other Statutes repealed by the said Act of Repeal 1 and 2 P. and M. and not in this Act specially revived shall remain repealed But the 25. H. 8. cap. 14. was not particularly revived and therefore remains repealed And after the said Statute 1. Eliz. repeals the Act 1 and 2 P. and M. of reviving of three Acts for punishment of Heresies so that now at Common Law according to the Lord Coke none can be burnt for Heresie but by Conviction at a Convocation After this viz. Hill 9. Jac. the Atturney and Sollicitor consulted with him whether at this day upon Conviction of an Heretick before the Ordinary the Writ de Haeretico Comburendo lieth and it seemed to him to be clear that it did not for the Reason and Authorities that he had reported Trin. 9. Jac. before But after they consulting also with Fleming Chief Justice Tanfield Chief Baron and Williams and Crook Justices And they upon the report of Dr. Cosins and some Presidents in Queen Elizabeths time certified the King that the said Writ lieth 8. Since the Devil in his Serpentine Policy first negotiated the Fall of Man there have ever been such as have gone forth like the lying Spirit in Ahabs false Prophets whereby many as he was are deceived to their own Ruine these are the Divels Emissaries Active in sowing Tares among the Wheat whom we commonly call Hereticks a Black Catalogue whereof in an Alphabetical Method here follows Acatiani and Semi-Arriani they held that the Son was a Creature made by the Father and that Christ was like to the Father in Will but not in Substance This Heresie began by Acatius not the Eutychian Bishop and Successor to Eusebius in Cesaria and was condemned in the Council of Seleucia Acephali so called because they had neither Bishop nor Priest for their Head and were Branches of the Eutychian Heresie They rejected the Council of chalcedon and denied the two Natures of Christ They despised all Congregations and the Sacraments Adamiani so called from their going naked in their Assemblies in imitation of Adam in his Innocency to which Estate they said Christ had restored Mankind They condemned Marriage and had Women in common with whom they lay promiscuously after the Light put out They held that we ought not to pray to God because he knows our wants without Prayer And called their Assemblies that Paradice which God had promised to the Blessed They had their Conventicles in subterrancan places called Hypacausta because that under the place of their Meetings a Furance of Fire was kindled to warm the same where they unclothed themselves when they entered into it and stood naked both Men and Women in imitation of Adam and Eve before the Fall This Heresie was first broach'd by one Prodicus a Gnostick There was also the Heresie of Adamites promiscuous in their Lusts begun or rather revived by a Picard of Gallo-Belgia in the year 1341. AEtius a Syrian of Antioch and Priest of that Church successor to Arius to whose Errors he added and was degraded and went into Cicilia where he published them and was banished by the Emperour and recalled by Julian in hatred to the Christians He held besides Arrianism that God was comprehensible and that Christ was unlike the Father in all things and spake uncouth things of the Trinity and was justly called an Atheist He was condemned in the Seleucian Council in the year 359. and confuted by Epiphanius Agnoetae they held that the Divine Nature of Christ was ignorant of some things as of the day of Judgement and denied perfection of knowledge to the Son of God in his Divine Nature Almaricani from Almaricus of Carnotum in France who uttered Blasphemous opinions concerning God that he was the Essence of all Creatures and the Soul of Heaven and that all Creatures should be converted into the Substance of God again These Hereticks approved of all Uncleaness under the Veil of Chastity Alogi they rejected the Gospel and the Revelation of St. John saying that they were written by Cerinthus and denied Christ to be the Word as also his Divinity Angelici These Hereticks were Angel-Worshippers Epiphanius who speaks of them better knew their Name than the original of their Sect. Anomaei a Branch of the Stock of the Arians the principal Authors were Acatius Eunomius and AEtius This was in the fourth Century Sozom. l. 4. c. 22. Anthropomorphitae these Hereticks were the Disciples of the Andeani an 370. and revived their Heresie so called of Audaeus a Syrian who lived in the end of Arius his time They Blasphemously held that God had a body like unto Man That Darkness Fire and Water were Eternal They refused the congregation of the Orthodox Church admitted greivous Sinners to the Communion without Repentance Antidicomarianitae these supposed that after the Nativity of our Lord the Virgin Mary accompanied with her Husband Joseph and did bear Children to him August de haeres of which opinion was Helvidius It is said that the opinion of the Fathers of the Church was that as no man did lie in the Sepulchre wherein Christ was buried before him So in the Womb wherein he was conceived no man was conceived after him and that the Fathers by the words in the Apostolick Symbol understood that he was born of Mary a perpetual Virgin And that by the Brethren of our Lord in the
two Wills That the Son of God in Christ was but an Assistant to the Son of the Virgin Mary whom he would not have to be called the Mother of God but only the Mother of Christ Euag. l. 1. c. 7. He held that the Humanity in Christ was made equal with the Deity or Divine Nature He was condemned in the general Council of Ephesus and dyed in Banishment his Blasphemous Tongue being first eaten with Worms which rotted in his mouth Nicholatiae from Nicholas a Deacon of Antioch chosen by the Apostles to look to the Poor who being suspected to be jealous of his fair Wife did to clear himself proffer her to any of the Brethren that would Marry her Whereupon they took occasion to live promiscuously making their Wives Common and held that it was lawful to eat things offered to Idols That Darkness and Light begat the World of which were born Angels and Devils and of them Men. This Heresie continued not long in this Name but was polished and revived by the Gnosticks and Vaentinians Clem. Alex. Strom. 3. Act. 6. Euseb Noetius of Smyrna Disciple to Montanus he called himself Moses and held but one person in the Trinity He being convented abjur'd his Heresie but afterwards being ambitious of a Name relapsed and dispersed it and when he dyed was cast out unburied as not worthy thereof Novatus ordained a Priest of Rome by Cornelius he was the Founder of the foresaid Hereticks the Cathari He held that such as had fallen in time of persecution were not to be restored to the Fellowship of the Church albeit they repented thereof Ophitae of 〈◊〉 a Serpent whom they worshipped affirming most Blasphemously that Christ was the Serpent which deceived Eve they denied Christ's Humanity and the Resurrection They held also a Blasphemous opinion concerning the Sacrament This Sect was a Branch of the Valentinians and continued till after the time of Justinian the first Origeniani and Turpes of one Origen a Gnostick who drew his Heresie from Epiphanes Son to the Heretick Carpocras They prohibited Marriage but committed fornication and all Filthiness and rejected some Books of the Old and New Testament which made against them Some say they were soul and filthy Beasts not abhorring Whoredom but Procreation of Children to the end they might seem chast not unlike unto Onan whom the Lord slew They were also called Origenistae because they defended the Books of Origen who were Theodorus Ascidas Bishop of Caesaria-Cappadocia and the Monks of Nova Lawra There were of these Hereticks also in the sixth Century Palmerius the Chronologer he was burnt for his Heretical Opinions concerning Angels Papias Bishop of Hierapolis he was St. John's Disciple yet afterwards became the Author of the Sect of the Chiliasts or Millenaries whose Heresie was a Branch of that of Cerinthus in that point that Christ should raise the Godly first and live a thousand years with them on earth Patalorynchitae a Foolish People who counted it Religion to stop their breath with their fingers and not to utter any intelligible speech Patareni and Gazareni these Hereticks did hold that married men could not be saved Paterniani or Patriciniani and Venustiani they were called by the first Name of Paternus their Founder and by the last of their lascivious behaviour They held that the lower Parts of Man were not made by God but by the Devil others say that they affirmed that the whole Body of Man was formed by the Devil and â—â—t by God Paulus Samosatenus so called of Samâ—sata the Metropolis of Comagena where he was Born He held that the word was not in Christ otherwise than in the Prophets That Christ was not the word and denied his Divinity He Baptized not in Christ's Name Pelagius Brito whose Followers were Julianus and Coelestius in the days of Arcadius or Honorius this Pelagius was a Roman Monk born in Armorica or Little Britain who with his Disciple Coelestius spread his Heresies over almost all Countreys viz. That Adam had died though he had not sinned That his Sin did only hurt himself and not others but in his Example That Lust and Concupiscence which is naturally in us is Good and nothing in it whereof we need be ashamed That Infants neither have nor draw original Sin from their Parents That the Infants of the Faithful though not Baptized shall be saved but shall remain without the Kingdom of God That men have free Will sufficient to do Good without the Grace of God That Men by nature were able to fulfil the whole Law of God Howbeit more easily and better if they were supported by the Grace of God They denied original Sin and said that the posterity of Adam were Sinners by imitation of Adam's Sin but had not received Sin by carnal Propagation That Children had no need to be baptized for Remission of Sins and that the godly Fathers in Scripture when they confessed their Sins they did it rather for example of Humility than for necessity or guilt of Sin These Heresies have in all ages been confuted by many Learned and Eminent Divines and were condemned by many Councils specially in the Council of Carthage Pepusiani they were of Pepuza a Town of Phrygia between Galatia and Cappadocia they held beside other Heresies of Montanus that Pepuza was the Heavenly Hierusalem mentioned by St. Paul Heb. 12. and in the Revelation c. 2. 1. Petrus Abelardus a French man he held vile things concerning the Blessed Trinity that the Holy Spirit was the Soul of the World and that he was not of the Substance of the Father This was in the twelfth Century Photinus Bishop of Syrmium in Illyria a Disciple to Marcellus he held that Christ's Kingdom was not everlasting began at his birth and should end at the day of Judgment He was condemned in the Council of Sardis Socrat. Eccles Hist lib. 2. cap. 9. Praxeas he was Author of the Monarchici and Patrispassiani he held that God the Father only suffered Priscilianistae from Priscilianus a man of Noble birth in Spain he confounded the Persons in the Trinity Held fond opinions concerning the Creation That Mans Soul was of the same Essence with God That Man's life was ruled by the Planets That Perjury and Lying were lawful to hide a Mans Religion He forbad eating of Flesh and condemned Marriage but allowed Fornication and renewed the Heresie of the Gnosticks this was in the days of the Emperour Gratianus and Valentinian he was executed at Trevers as a Sorcerer Hist Magd. Cent. 4. c. 11. Proclinianitae of one Proclus who besides other Heresies of the Seleuciani held that Christ was not come in the Flesh Quartodecimani they held that Easter was to be observed on the fourteenth Moon and upon what day soever that Moon happened though Sunday they fasted They refused to admit and receive those who had lapsed after Baptism Sabellius an African
he and his followers confessed that there was but one God only but they denied that there were three distinct Persons in that one Godhead They not only confounded but took away the Persons in the Trinity He was the Founder of the Photinean's Heresie They were called Patrispassiani because their Opinion imported that the Father suffered this Sabellius was for his Heresie excommunicated Samosatenus Bishop of Antioch he denied the Divinity of the Son of God affirming that Christ obtained the Name of the Son of God through his vertuous Behaviour and patient Suffering but that he was not naturally and truly the Son of God begotten of the Substance of the Father He abrogated the Psalms sung in the Church and hired Women there to sing his own Praises He was deposed by a Council at Antioch and excommunicated by all the Christian Churches in the World This was as some affirm not in the second but third Century Suturniani from one Saturnine of Antioch who with Basilides the Egyptian shared the Heresie of Simon in two parts this Saturnine held that his Disciples though living dissolutely might be saved by faith in him That the World and Man were Created by seven Angels praeter voluntatem Dei That Christ's Body was phantastical That there was one God of the Jews another of the Christians That at the Beginning a Good and a Bad man were created and that from the Good came good men and from the Bad came evil men That Marriage was a doctrine of Devils That men must abstain from things that had life That some of the Old Prophets were of the Devil and lastly they denied the Resurrection of the Body Secundiani of Secundus who was the Cheif Disciple of Valentinian the Heretick and held all his Heresies and allowed his Followers all filthiness of Life Seleuciani or Hermiani from Seleucius and Hermias they most abominably held that the Mass whereof God created the Elements was Coeternal with himself That the Angels not God created the Souls of Men. That Christ in his Ascention unclothed himself of the Flesh of Man and left it in the Globe of the Sun They received not Baptism by Water They denied the Resurrection of the Body supposing that by new Generations one succeeding another that is performed which in Scripture is written concerning the Resurrection Sethitae another Branch of Valentinian in Egypt They held that Angels begat men in the beginning They attributed to Seth the Honour due to our Saviour and denied the Resurrection of the Body Severus Successor to Apelles in the School of Marcion his Heresies were spread in East Syria They forbad the use of Wine rejected the Old Testament and the Prophets using Apocryphal Books of their own Denied the Resurrection Ascribed the Creation to Angels Detested Women as works of the Devil and used Magick Simon Magus said to be the Father of Hereticks he was Magician and an Hypocrite though Baptized by Philip the Apostle he spread his heresies at Rome where he grew so famous that the people erected an Image to him with this Inscription Simoni deo Sancto he most blasphemously affirmed himself to be true God That the World was Created by Angels he denied that Christ was either come or suffered he denied also the Resurrection of the Body he brought in the promiscuous use of women and used the company of one Helena whom he blasphemously gave out to be the Holy Ghost and that he begat Angels of her he taught his Disciples to worship Images his own Image and the Image of Helena who accompanied him from Asia to Rome he attempted to shew his power in flying and with a fall broke his Thigh and died miserably Iren. l. 1. c. 30. Aug. Epiph. Theod. Swenkfeldius born in Silesia he held that the outward Ministry of the Word and Sacraments was not necessary to eternal life because that by the illumination of Gods holy Spirit without the Ministry of the word men might be saved Tatian he held that Adam was damn'd called Marriage Fornication prohibited eating of flesh and drinking of wine he held many Gods denied Christ to be born of Davids Seed and condemned the Law of Moses he was Author of the Euchratitae Theodatus a Cataphrygian a poor Currier of Constantinople he held that Christ was but man and begotten by man besides which blasphemy he altered the Gospel according to his own fancy The Theodatiani denied the Divinity of Christ for when Theodatus having in time of persecution denied Jesus Christ was reproved for the same he answered that he denied not God but Man signifying thereby that Christ was only Man and not God manifested in our Nature Theopaschitae they held that the Divinity of Christ suffered This Heresie lasted long and was maintained afterward by Eutyches and Dioscorus Triformiani they held the Divine Nature one and the same in the three persons together but imperfect in the several persons Tritheitae they held that the Nature and Essence of God was threefold and not one and the same Johannes Grammaticus called Philoponus was the Founder of this heresie Valentinian an Egyptian he held plurality of Gods of both Sexes a multitude of Heavens and Eternities that Christ assumed nothing from the Virgin but passed through her as by a Pipe That he saved Souls only That the World was made by evil Angels he denied the Resurrection despised good works as unprofitable and lived of things sacrificed to Idols Against him Irenaeus wrote Five Books Valesii of one Valens an Arabian They held that none could be saved but such as made themselves Eunuches detested Marriage but allowed all filthy Acts yet gelded themselves Venustiani so called of their lascivious behaviour They were the same Hereticks that were called Paterniani from Paternus their Founder and held the same blasphemous and damnable Heresie Vigilantius an Apostate Monk he declined Churches and condemned Virginity and Spiritual exercises St. Hierome wrote against him 9. All these Hereticks do commonly pass under the notion of Christian Hereticks whereas in truth they may more properly be termed Antichristian yet they are styled Christian Hereticks in distinction to the Jewish Hereticks of which sort were the Pharisees the Sadduces the Hessees the Galilaeans the Hemerobaptists the Nazaraeans the Ossens the Sampsaeans the Massalians the Herodians the Genites the Merissaeans the Coelicolae the Ophitae or Serpentines the Caiani the Sethiani the Heliognosti the Frog-worshippers the Accaronites the Thamuzites the Samaritans with many others out of which or some of them came that cursed Brood of Hereticks which poysoned a great part of the World in the succeeding Generations The Pharisees from Phares division or separation because they would be accounted Separatists from all others attributed all things to Fate they believed that God disposed all things but the Starrs helped yet so as Free Will was left in the hand of Man They held Transmigration of good Souls or going into
Clergy At Braga or Bracara in Portugal An. 610. under the Reign of Gundemarus King of Gethes assembled some Bishops of Gallicia Lusitania and of the Province of Lucensis whereby it was Ordained That every Bishop should visit the Churches of his Diocess That they should receive no Rewards for Ordination of the Clergy And that a Church builded for Gain and Contribution of the People redounding to the advantage of the Builder should not be Consecrated At Auxerre in France An. 613. assembled a number of Abbots and Presbyters with one Bishop and three Deacons In this Synod they damned Sorcery made many Superstitious Constitutions as touching Masses Burials Marriages Prohibition of Meats c. At Hispalis commonly called Civil La grand in Spain in the year 634. and in the 24 th year of the Emperour Heraclius a Council was assembled by Isidorus Bishop of Hispalis at the Command of King Sisebutus for suppression of the Heresie of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Branch of the Eutychian heresie and for the decision of some Questions touching the Bounds of their Dioceses At Toledo in Spain An. 639. under the Reign of Sisenandus King of Spain by the Kings Command were more than 70 Bishops and Presbyters Conven'd upon occasion of diversity of Ceremonies and Discipline in that Kingdom This was the Fourth Council at Toledo At Toledo in the First year of Chintilla King of the Gothes about the time of the Emperour Heraclions Reign a Fifth Council was held conven'd by Eugenius Bishop of Toledo In this Council nothing considerable was done but in reference to Annual Letanies and the appointment of Supplications for the King At Rome in the year 652. was a Council convened by Martinus Pope consisting of more than 100 Bishops occasioned by the Error of the Monothelites obstinately maintained by Paulus of Constantinople and countenanced by the impious Edict of the Emperour Constans The Constitutions and Decrees made in this Council tended to condemn those that denied the Trinity the Divine Unity in the Divine Nature the Manifestation of the Second Person of the Trinity and his Sufferings in the Flesh At Toledo in the year 653. a Sixth Council was held consisting of Fifty two Bishops whereof Eugenius Bishop of Toledo was President The occasion whereof was the Renovation of Old Heresies and Contradiction to precedent Councils The Fourth Canon of this Council is against Simony and the Eighteenth is against Rebellion At Toledo in the year 662. a Seventh Council is held of 4 Archbishops 50 Bishops and many Presbyters The First Canon of this Council is against Sedition and Treason By the Fourth Canon it is forbidden That Bishops in their Visitations should extort or oppress their Churches At Quinisext so termed by Balsemon the same year viz. 662. was held a Council which by Bede and many others is accounted an Erroneous Synod it was convened under Justinian the Second and Pope Sergius wherein the Fathers thought fit to supply the defect of the Fifth aud Sixth precedent Synods in reference to manners and Ecclesiastical Discipline for which reason they ratified 102 Canons in the Trullo of the Imperial Palace whence they are called Trullans These are rejected by such Latins whose consent went not to the stablishment thereof specially not empowr'd and authoriz'd thereto by the Pope In the 36 th Canon thereof the Patriarch of Constantinople is equalled to the Roman and in the 13 th Canon Matrimony is granted to the Clergy At Chalon in Burgandy by the Command of Clodoveus K. of France a Council of 44 Bishops assembled wherein the Canons of the Nicene Council had great approbation And it was Forbidden That Two Bishops should be Ordained in one City and Decreed That no Secular work should be done on the Lords Day At Rome in the time of Constantinus Pogonatus Emperour under the Popedom of Agatho was held a Council wherein it was Declared by the Suffrages of 125 Bishops That Two wills and Two operations were to be acknowledged in Christ and the Defenders of the Heresie of the Monothelites were condemned At Toledo in the year 671. an Eighth Council of 52 Bishops was assembled wherein were high Debates concerning Perjury At last it was Resolved That no Necessity obligeth a man to perform an unlawful Oath In this Council Marriage was utterly forbidden to Bishops and eating of Flesh in Lent At Toledo in the year 673. and in the Seventh year of Recesuvindus King of Gothes and by his Command were convened 16 Bishops which was the Ninth Council at that place and in which several Canons were made touching the Discipline of the Church At Toledo in the Eighth year of the said Kings Reign was the Tenth Council consisting of 21 Bishops who made some Decrees touching certain Festivals and others relating to the Clergy and removed Protamius Bishop of Bracara from his Office being convict of Adultery At Toledo in the Seventh year of Bamba King of Gothes 19 Bishops and Seven Abbots were assembled by the Kings Command wherein several Canons were made concerning Ecclesiastical Discipline At Bracara a Second Council was held the first according to Caranza wherein many old Opinions of the Priscilianists and Manichaeans concerning Prohibition of Marriage and Meats are condemned together with the Heresies of Samosatenus Photinus Cerdon and Marcion And in the 30 th Canon of this Council it was Ordained That no Poesie should be Sung in the Church except the Psalter of the Old Testament At Bracara in Spain in the time of Bombas King of Gothes another Synod of Eight Bishops was assembled wherein the Nicene Faith is again rehearsed In the Fifth Canon of this Synod it is Ordained That upon Festival days Reliques enclosed in an Ark shall be born on the Shoulders of the Levites as the Ark of God in the Old Testament was accustomed to be born At Constantinople in the year 680. in the Twelfth year of the Reign of Constantine Pogonatus a General Council was held Pope Agatho procuring it by his Legates In this Council were convened 150 Bishops they who reckon 270 or 286 do compute the Absent Romans and others consenting thereto the Emperour himself was President In this Council was discussed the Question touching the Wills and Actions of Christ Here were condemned the Monothelites Sergius Cyrus Pyrrhus Peter Paul Theodorus together with Pope Honorius who in the defence of Eutychianism pleaded that there was one only Will in Christ This Council confirmed the Canons not only of General but also of Particular foregoing Synods as of Antioch Laodicea and others It also added what was to be approved in the Orthodox Writings of the Fathers as appears by the Second Canon of this Council Vid. Paul Diacon in vit Constant At Toledo the Twelfth Council consisting of 33 Bishops with some Abbots and 13 of the Nobility assembled the first year of the Reign of Euringius to whom Bombas King of