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A31599 The second part of the present state of England together with divers reflections upon the antient state thereof / by Edward Chamberlayne ...; Angliae notitia. Part 2 Chamberlayne, Edward, 1616-1703. 1671 (1671) Wing C1848; ESTC R5609 117,915 324

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the Church assist the Priest at the Lords Supper by giving the Cup only After this brief account of Ecclesiastical persons somewhat may here not unfitly be added touching those persons who though not in holy Orders yet have a peculiar Relation to the Church and are quasi semi Ecclesiastici as first Patrons of Churches who by first building of Churches or first endowing them with Lands have obtained for them and their Heirs a right of Advowson or Patronage whose office and duty is to present a fit Clerk when the Church is void to the Bishop to be by him Canonically instituted and to protect the said Church as far as he can from all wrong and in case his Clerk prove unfit for the place to give notice thereof to the Bishop Next are the Oeconomi vel Ecclesiae Guardiani the Church wardens whose Office is to see that the Church be in good repair fitly adorned and nothing wanting for Divine Service Sacrament and Sermons that the Church yard be sufficiently mounded or inclosed that there be an exact Terrier of the Glebe Lands and if any thing belonging to the Church be detained to sue for the same to observe that all Parishoners come duly to Divine Service to require the penalty for absence to enquire after to admonish and to present to the Bishop scandalous livers to collect the Charity of the Parishoners for poor Strangers to declare and to execute the orders of the Bishop to see that none presume to vent his own conceptions in the Pulpit unless he hath a special licence so to do The Churchwardens are elected every Easter Week usually by the Parson and Parishoners if they so agree if not then one by the Parson and the other by the Parishioners There are also in greater Parishes joyned with the Church wardens Testes Synodales anciently called Synods-men now corruptly called Sides-men who are to assist the Church-wardens in enquiries into the lives of inordinate livers and in presenting men at Visitations Lastly the Sacristan corruptly the Sexton or Clark who is ordinarily to be chosen by the Parson only he ought to be twenty years old or above of good life that can read write and sing his office is to serve at Church the Priest and Church-wardens In the Church of England there are as in the antient primitive times three Orders Bishops Priests and Deacons None may be admitted Deacon before the age of 23 years unless he hath a Dispensation to be admitted younger None may be made a Priest till he be completely 24 years old None may be admitted Bishop till full 30 years old The Ordination of Priests and Deacons is four times the year upon four several Sundayes in the Ember or Failing Weeks that so all the Nation may at once in their joynt Prayers to God recommend them that are to receive Ordination which is performed by a Bishop in a solemn grave devout manner thus for Deacons After Morning Prayer there is a Sermon declaring the Duty and Office of Deacons and Priests then they being decently habited are presented to the Bishop by the Archdeacon or his Deputy whom the Bishop askes if he hath made due inquiry of them and then askes the people if they know any notable impediment or crime in any one of them after follow certain godly Prayers then a Collect Epistle and Gospel but before the Gospel the Oath of Supremacy is administred to every one of them and the Bishop putteth divers godly questions to them which being answered they all kneel and he laying his hands upon them severally doth ordain them Deacons then delivers to every one of them the New Testament and gives them authority to read the same in the Church then one of them appointed by the Bishop reads the Gospel and then all with the Bishop proceed to the Communion and so are dismissed with the Blessing pronounced by the Bishop The Ordination of Priests is partly in the same manner only the Epistle and Gospel are different and after the questions and answers made the Bishop puts up a particular prayer for them and that ended he desires the Congregation to recommend them to God secretly in their prayers for doing of which there is a competent time of general silence then follows Vent Creator Spiritus in Meter to be sung then after another prayer they all kneeling the Bishop with the Priests present layeth his hands upon the head of every one severally and gives them Ordination in a grave set form of words different both from that of Bishops and that of Deacons the rest as in the ordaining of Deacons Of the Ecclesiastical Government of England and first of the Convocation FOr the Church legislative power or the making of Ecclesiastical Laws and consulting of the more weighty affairs of the Church the King by the advise of his Privy Council usually convokes a National Synod commonly called the Convocation which is summoned in manner following The King directeth his Writ to the Archbishops of each Province for summoning all Bishops Deans Arch-deacons Cathedrals and Collegiate Churches according to their best discretion and judgment assigning them the time and place in the said Writ whereupon the Archbishop of Canterbury directs his Letters to the Bishop of London as his Dean Provincial first citing himself peremptorily and then willing him to cite in like manner all the Bishops Deans Archdeacons Cathedral and Collegiate Churches and all the Clergy of his Province to that place and at the day prefixt in the Writ but directeth withal that one Proctor sent for each Cathedral and Collegiate Churche and two for the body of the inferiour Clergy of each Diocess may suffice The Bishop of London accordingly directs his letters to the Bishops of every Diocess of the Province citing them in like manner to appear and to admonish the Deans and Archdeacons to appear personally and the Cathedrals Collegiate Churches and inferiour Clergy of the Diocess to send their Proctors to the place and at the day appointed also to certifie to the Archbishop the names of all so summoned by them The place where the Convocation of Clergy in the Province of Canterbury hath usually been held was St. Pauls Church in London but of later times at St. Peters in Westminster in the Chappel of Henry the Seventh where there is as in Parliament a Higher and a Lower House or a House of Lords Spiritual and a House of Commons Spiritual The Higher House of Convocation in the Province of Canterbury consists of 22 Bishops whereof the Archbishop is President sittting in a Chair at the upper end of a great Table and the Bishops on each side of the same Table all in their Scarlet Robes The Lower House consists of all the Deans Archdeacons one Proctor for every Chapter and two Proctors for all the Clergy of each Diocess in all 166 persons viz. 22 Deans 24 Prebendaries 54 Archdeacons and 44 Clerks representing the Diocesan-Clergy The first day both houses being assembled the Higher chooseth
a Bishop for their Prolocutor and the Lower being required by the Highe House to choose them a Prolocutor or Speaker which done they present him to the Upper House by two of their Members whereof one makes a Speech in Latin and then the Elect person makes another Speech in Latin Lastly the Archbishop answers in Latin and in the name of all the Lords approves of the person Both Houses debate and transact only such matters as His Majesty by Commission expresly alloweth In the Upper House things are first proposed and then communicated to the Lower House The Major vote in each House prevailes Out of Parliament time they usually assemble every day about Nine of the clock and first the Junior Bishop sayes prayers in Latin beginning with the Letany and then for the King c. And in the Lower House the Prolocutor says prayers In Convocation are debated only matters concerning Religion and the Church and sometime of giving His Majesty assistance in Money for as the Laity cannot be taxed without their own consent signified by their Representative in Parliament so the Clergy cannot be taxed without their consent signified by their Representative in Convocation The Clergy in Convocation might antiently without asking the Royal Assent and now may with the Royal Assent make Canons touching matters of Religion to bind not only themselves but all the Laity with-out consent or ratification of the Lords and Commons in Parliament Till the late Rebellion the Parliament did not at all meddle in the making Canons or in matters Doctrinal or in Translation of Scriptures only by their civil Sanctions when they were thereto required did confirm the Results and Consultations of the Clergy that so the people might be the more easily induced to obey the Ordinances of their Spiritual Governors The Clergy of England had antiently their Representatives in the Lower House of Parliament as appears by that antient Record so highly prized by the late Lord Coke and as the Upper House had and still hath Lords Spiritual as well as Temporal so in the Lower House there were always Commons Spiritual as well as Temporal for that Record saith expresly that the Commons in Parliament consist of three degrees or kinds First ex Procuratoribus Cleri Secondly ex Militibus Comitatuum Thirdly ex Burgensibus and the words of the Writ directed now to the Procuratores Cleri seem to give them the very same right to sit in that House as the words of the Writ to the Knights Citizens and Burgesses do give to them All the Members of both Houses of Convocation have the same priviledges for themselves and menial Servants as the Members of Parliament have and that by Statute The Archbishop of York at the same time holds at York a Convocation of all his Province in like manner and by constant correspondence doth debate and conclude of the same matters as are debated and concluded by the Provincial Synod of Canterbury Now for the Executive power in Church matters throughout the Kingdom of England there have been provided divers excellent Courts whereof the highest for criminal Causes was the High Commission Court for the jurisdiction whereof it was enacted primo Elizabethae that Her Majesty and Successors should have power by Letters Patents under the Great Seal to nominate Commissioners to exercise jurisdiction throughout the whole Realm to visit reform and correct all Errors Heresies Schisms Abuses and Delinquencies that may by any Ecclesiastical power be corrected or reformed This Court consisted of the highest persons of England in the Church and State and was the principal Bulwark and Preservative of the Church of England against the practices and assaults of all her Adversaries whether Romanist Puritan or Atheist yet for some pretended abuses the use thereof was taken away in the late seditious long Parliament whereupon followed a deluge of Errors in Religion Apostacy Atheism Blasphemy Sacriledge Incest Adultery impious Libels Schisms Conventicles c. all which so overwhelmed the manners of English men and occasioned at length so many profest Atheists that until the re-establishment of this or the like Court there cannot a Reformation be reasonably hoped for For civil affairs that concern the Church the highest Court is the Court of Delegates for the jurisdiction whereof it was provided 25 H. 8. that it shall be lawful for any subject of England in case of defect of justice in the Courts of the Archbishop of Canterbury to appeal to the Kings Majesty in his Court of Chancery and that upon such appeal a Commission under the Great Seal shall be directed to certain persons particularly designed for that business so that from the highest Court of the Archbishop of Canterbury there lies an Appeal to this Court of Delegates and beyond this to none other Next to the Court of Delegates are the Courts of the Archbishop of Canterbury where any Ecclesiastical Sutes between any persons may waving all inferior Courts be decided amongst them the highest Court is the Court of Arches so called from the Arched Church and Tower of S. Maries in Cheapside London where this Court is wont to be held the Judge whereof is called Dean of the Arches having jurisdiction over a Deanery consisting of 13 Parishes within London exempt from the jurisdiction of the Bishop of London Hither are directed all Appeals in Ecclesiastical matters within the Province of Canterbury To this Court belongs divers Advocates all Doctors of the Civil Law two Registers and ten Proctors the Dean at present is Doctor Sweat In the next place the Archbishop of Canterbury hath his Court of Audience kept within the Archbishops Palace and medleth not with any difference between parties but concerning Elections and consecration of Bishops Admission and Institution to Benefices dipensing with Banes of Matrimony c. The next Court is called the Prerogative Court which judgeth of Estates fallen by Will or by Intestates so called because the Archbishops jure Praerogativae suae hath this power throughout his whole Province where the party at the time of death had 5 l. or above in several Dioceses and these two Courts hath also the Archbishop of York Lastly the Court of Peculiars which dealeth in certain Parishes lying in several Dioceses which Parishes are exempt from the jurisdiction of the Bishops of those Dioceses and are peculiarly belonging to the Archbishop of Canterbury in whose Province there are 57 such Peculiars Besides these Courts serving for the whole Province every Bishop hath his Court held in the Cathedral of his Diocess over which he hath a Chancellor tearmed antiently Ecclesiecdicus Episcopi Ecdicus the Church Lawyer or the Bishops Lawyer who being skill'd in the Civil and Canon Law sits there as Judge and if his Diocess be large he hath in some more remote place a Commissary whose authority is only in some certain place of the Diocess and some certain Causes limited to him by the Bishop in his Commission and these are called Consistory Courts