CHAP. I. Short observations of the account and beginning of the Years and Days, Of certain Feast-days, And of Em­ber Weeks.

THE English Church and State begins the Year on the 25th day of March, which is al­so observed in Spain. The Por­tuguese begin the Year on the 29th day of August. The Venetians on the first of March. The Grecians on the longest day, as the old Ro­mans did on the shortest day.

[Page 2] The Natural Day consisting of Four and Twenty Hours, is begun at midnight in England. In Italy, Bohemia and Poland, their account is from Sun setting; and at Norem­berg and Wittenberg in Germany, according to the old Babylonian ac­count, they begin the first hour after Sun-rising to count one of the Clock, and so again at the first hour after Sun set.

Amongst the Jews, the Night was divided into Four Quarters, or Watches, each Watch contain­ing three Hours. The first they called Caput Vigilarum. The se­cond the Middlewatch, because it ended at Midnight. The third began at Midnight, and held till Three in the Morning, Luke 12. 38. The last, called the morning Watch, began at three, and end­ed at six, Matt. 14. 25. In the Fourth Watch of the Night Je­sus went to them; the first was [Page 3] also called the Evening, the se­cond Midnight, the third Cock-crowing, the fourth Dawning. Ye know not when the Master of the House will come, at Even, or at Midnight, or at Cock-crow­ing, or at the Dawn, Matt. 13. 35. Their Day was likewise di­vided into Four Quarters, Matt. 20. As appears by the Para­ble of the Vineyard. The first Quarter began at six of the Clock in the Morning, and held till nine. The second Quarter ended at twelve. The third Quarter at three in the after­noon, and the fourth at six at night. The first Quarter was called the third Hour, The se­cond Quarter the sixth Hour▪ The third Quarter the ninth Hour, and the fourth Quarter the eleventh Hour.

The Roman Account is ten Days before our English Account; so [Page 4] that our first day of the Month is their Eleventh Day. This is called Stylo Novo The Old Stile or Julian Account is observed by the English Nation, and all other Reformed States (except Holland and Zealand.) The new Stile or Gregorian Account is observed by all those still under the Romish Yoke.

Easter, and other moveable Feasts in England are thus sound.

Shrovetuesday is always the f [...]rst Tuesday after the first New Moon of January, except that New Moon happen on a Tuesday, then the next is Shrovetuesday, and the Sunday following is Quadragesima, and the sixth Sunday after is Easter day; and the fifth Sunday after Easter is Rogation Sunday; and the Thursday following, being forty Days after the Resurrection, is Ascension Day, ten Days after which, or fifty Days after Easter [Page 5] is Pentecost or Whitsunday, and the Sunday following is Trinity Sunday, which computation of the Church of England agrees with all the Eastern Christian Church­es; and these Rules were gene­rally received by all Christendom, till Anno Dom. 1582. It was alter­ed by the Pope; yet it cannot be denied but that old Computation is become Erroneous: For by our Rules two Easters will be observ­ed in one Year, as it was in the Year 1667. Advent Sunday is al­ways the fourth Sunday before Christmass Day, or the nearest Sun­day to St. Andrews, whether be­fore or after.

Ember Days, which the Anti­ent Fathers call Quatuor Tempora, are observed on Wednesday, Fryday and Saturday, next after Quadra­gesima Sunday, Whitsunday, Holy­rood-day in September, and St. Lu­cyes day in December; therefore the Lord [Page 6] L. Coke in his three Institutes. Fol. 200. where he saith, These Ember Days are next before Quadragesima, is under a mistake; they are called Ember Days, because our Fore-fathers would in those Days Eat no Bread, but Cakes made under Ashes; and so it put them in mind they were but Ashes, &c. And that these days were devoutly observed by our Ancestors, we may be perswaded out of the Laws of King Cnute, Ch. 16. Let every man observe the Fasts which are commanded with earnest care, whether it be the Imber Fast or Lent Fast.

The Ordination of Priests and Deacons is four times in the Year, upon four several Sundays in the Ember Weeks.

CHAP. II. Of Ecclesiastical Censures.

THE Punishments inflict­ed by Ecclesiastical Courts proceed in this manner.

1. Excommunicatio Minor, From the Lord's Supper, and he that is thus, is disabled to be plaintiff in a Law Suit; this commonly is for Contumacy, in not appear­ing on Summons, or not obeying Orders; this the Bishop may de­legate to any grave Priest with the Chancellor.

2. Excommunicatio Minor, As for Heresie, Schism, Incest, &c. pro­nounced by the Bishop himself. If he continue so Excommuni­cate forty Days, an Excommuni­cato Capiendo goes out against him, [Page 8] and he is thereby Imprisoned.

3. Anathamatismus, Against an obstinate Heretick.

4. Interdictum, Whereby he is prohibited all Divine Offices, as Christian Burial, &c.

• 1. Suspensio ab Officio.
• 2. Suspensio a Beneficio.
• 3. Deprivatio a Beneficio.
• 4. Deprivatio ab Officio, which is degradation.

Having met with an old Dis­course about Excommunication out of the Canterbury Book. I shall here set it down word for word as it was wrote in those times.

CHAP. III. Of Bishops and Deans, Election, Consecration, Installation, &c.

NEXT to the two Arch: bishops are the Bishops of London, Durham and Winchester, the order of the rest being by no other rule, than the Priority of their Consecration.

CHAP. IV. A Chronological Table shewing in what Ages the Primitive Fathers lived, and Memorable things hap­ned; and some other Memoirs of Antient Times.

ST. Peter and St. Paul suffered Martyrdom at Rome, Anno Christi. 65.

Jerusalem Sackt and B [...]rnt, Ann. Christ. 70. And therein 110,000. of the Jews Perish'd, and 9,000▪ taken Prisoners.

Linus Martyred at Rome, Anno 77.

Titus commands Josephus his History of the Jewish War to be laid up in the Library at Rome, Anno. 80.

The second Persecation, Anno 90.

[Page 17] St. John wrote the Book of Re­velation, Anno 94.

St. Clemens Bishop of Rome is thrown into the Sea, with an An­chor tied about his Neck, Anno 100.

The third Persecution began 107. under Trajan.

Ignatius Martyred by wild Beasts, Anno. 107.

Onesimus Stoned at Rome, 109.

The Fourth Persecution under Adrian, 117.

Aquila a Kinsman of Adrian the Emperor, first turns Christian and then Jew, Translates the old Testament into Greek, Anno. 128.

Justin Martyr converted to Christianity, Anno. 132.

Marcus the first of the Gentile Converts, made Bishop of Jeru­salem, all hitherto having been of the Circumcision, Anno. 135.

Justin Martyr presents his Apo­logy to the Emperor in behalf of [Page 18] the Christians, Anno. 162.

Justin Martyr suffered Martyr­dom Anno. 163.

St. Polycarp Bishop of Smyrna Martyred, Anno 167.

Pantaenus a Christian Philoso­pher opens the Catholick School at Alexandria, Anno. 180.

The Persecution against the Christians much abated after M. Aurelius his Victory over the Mar­comanni gained by the Prayers of the Christian Legion, Anno. 174.

Lucius a King of Brittain sends Letters to Pope Eleutherius for Christian Preachers, Anno. 186.

Clemens Alexandrinus Pantaenus his Scholar and Successor Fa­mous, Anno. 194.

Pope Victor revives the Contro­versy about the Celebration of Easter, threatens to Excommuni­cate the Asiatick Churches, for which he is severely reproved by Iraeneus, Anno. 196.

[Page 19] Tertullian Writes his Apology, Anno. 200.

Sixth Persecution, wherein Ireneus suffers Martyrdom in France, Anno. 202. under Severus.

Origen sets up a School at Alex­andria, Anno. 203.

Minutius Felix flourished A. 207.

Ʋlpian the Lawyer flourished An. 223. who instigated a cruel Per­secution at Rome.

Origen Persecuted and Synodi­cally condemned by Demetrius Bishop of Alexandria, Anno. 230.

Plotinus Scholar to Ammonius, 232

The seventh Persecution under Maximinus, Anno 235.

Babylas chosen Bishop of Anti­och, Anno. 239.

Cyprian chosen Bishop of Carthage Anno. 248.

The Eighth Persecution by De­cius, Anno 250.

Great Schisms in the African Church about the Lapsed, Anno. 251.

[Page 20] The Novatian Doctrin con­demned in a Synod of 60 Bishops at Rome. 252.

The ninth Persecution under Valerian, Anno. 257

St. Cyprian beheaded at Carthage, Anno. 258

Gallienus the Emperor stops the Persecution against the Christians, Anno. 260.

Paulus Samosetanus Bishop of An­tioch is Deposed, and Condemned by a Synod at An [...]och, Anno. 270.

The Manichaean Heresie sprung up, Anno. 277.

Cyril the 18th Bishop of Anti­och, Anno [...]78.

The Persecution under Diocle­sian, Anno 3 [...]0.

• De Divinis Nominibus.
• [Page 21] De Mistica Theologia.
• Epistola ad Polycarpum.
• Epist, ad Titum.
• Epist, ad Johannem Evangelistam.

St. Clemens.

Epistola ad Corinthios, a genuine Writing, [...], as Photius stiles it, worthy all esteem and veneration; it breaths the true Genius and Spirit of the Aposto­lick Age.

Epist. ad Jacobum, Fratrem Do­mini, is supposititious, so are the Home [...]iae Clementinae. Constitutiones & Canones Apostolici.

• Ad Ephesios.
• Ad Trallianos.
• A Philadelphenos.
• Ad Magnesianos.
• Ad Romanos.
• Ad Smyneos.

Ad Polycarpum, the rest suppo­sitious.

• [Page 22]Paraenesis ad Graecos.
• Apologia pro Christiani, two Parts
• Dialogus cum Tryphone Judae.

• Proterxticon ad Gentes.
• Pedagogi, Lib. 3.
• Stromat. Lib. 3.

• Commentariola in 1. Epist. Petri.
• Epist. Judae & 3 Epist. St. Johan­nis.

• Apologeticus.
• De Spectaculis.
• De Corona.
• Ad Nationes.
• De Idolatria.
• Ad Martyras.
• [Page 23] De Patientia. De Virgin. Valandis.
• De Baptismo. adversus Valentinianos.
• De Anima. De Resurrectione.

• Epistola ad Donatum.
• Epistolae 38. in secessu.
• Epistolae Variae. 8.
• De Disciplina & Habitu Virginum.
• De Lapisis.
• De Ʋnitate Ecclesiae Catholaecie.
• De Oratione Dominica.
• Ad Demetrianum.
• De Idolorum Vanitate.
• De Mortalitate.
• De Opera & Eleemosynis.
• De Bono Patientiae.
• De Zelo.
• De Exhortatione Martirii ad Fortu­natum.
• Testimonium adversus Judaeos.
• Concilium Carthaginense.
• De Baptizandis Haereticis.

[Page 24] St. Gregory Thaumaturgus, his Ge­nuine Writings.

• [...] ad Origen.
• Metaphrasis in Ecclesiastem:
• B [...]is Exposicio Fidei.
• Epis [...]ola Canonic [...].

Since the first General Councel at Nice against Arrius. 1351 years.

Since the second General Coun­cel holden at Constantinople against the Heresie of Macedonius, who denied the Deity of the Holy Ghost [...] ▪ 1287 years.

Since the third General Coun­c [...] [...]g [...]nst Pelagius and Nestorius, held at Ephesus 1238 years. Sum­moned by Theodosius the Second, where in Nestorius himself was present. St. Cyril therein earnestly contended for Christs Divinity, affirming him one and the same Son of God, begotten of the Fa­ther [Page 25] before all Ages, and in the last times made Man of a Vir­gin; and that the Blessed Virgin ought properly and truly to be called θευτόχος, or the Mother of God. Hereat Nestorius rose up, and told them plainly he would not own a God that grew to Mans Estate by two or three Months, and so forth, and so washed his Hands, and would come no more into their company.

Since the fourth General Councel held at Chalcedon against the Heresie of Eutyches, under Martian, 1216. Years

The Dioclesian Persecution set on Foot, Anno 303.

Constantine the great, Emperor, Anno 306.

Eusebius Caesariensis flourished Anno 229.

Eusebius wrote a Confutation of Hierocles who wrote against the Christians, as Origen did against [Page 26] Celsus and Porphyry.

Arius began cunningly to broach his Heresie in the time of Eusebius.

The Nicene Councel summon­ed under Constantine, Anno 325.

Athanasius chosen to the Sea of Alexandria, Anno 326.

318 Bishops met at the Nicene Councel, they with their Attend­ants were Transported to Nice at the Emperors charge, and main­tained at his cost, during their being there. 17 Bishops appeared for the Arian Heresie, wherein Con­stantine sat as a publick Modera­tor, and Arius was banished into Illyricum.

In this Councel of Nice was de­bated the Paschal Controversy, concerning the time oi the Cele­bration of Easter, wherein the Christian World was so much di­vided; the Eastern Churches ob­serving it after the Jewish Custom, [Page 27] on the 14th day after the Phasis or Appearance of the Moon, the rest on the next Lords Day after the Jewish Passover. A question con­troverted from the very infancy of the Church: And in this Councel it was Universally agreed to follow the usage of these Churches, whose custom it had heen from all Anti­quity, to observe it on the Lord's Day next ensuing the Jewish Festi­val. In this Councel likewise were digested Twenty Canons about Ec­clesiastical Discipline, all extant, in­tire at this day.

A Synod holden by the Arians at Tyre, where they Try, Con­demn and Depose Athanasius, Anno 334.

Athanasius banished to Triers by Constantine, Anno 336.

And released by his Son Con­stantine, Anno. 337.

Arian Dies a sudden and sad Death, Anno 336.

[Page 28] Constantine the Great Dies, Anno 337.

Constantius (to whose share the Eastern Empire sell) and his Em­press favour the Arrians.

The Synod at Antioch, called Synodus in Encenys, Deposeth Atha­nasius, Anno 341. But Athanasius Purgeth himself at a Synod at Rome called by Pope Julius.

The Synod at Sardica, where the Eastern Bishops refuse to joyn with them in the West, notwith­standing which, Athanasius is heard, absolv'd and restor'd, Anno. 347.

Athanasius condemned by the Arians in a Synod at Arles, Anno. 353.

Constantius, when the Ortho­dox Catholick Bishop refused to Subscribe the Arian Tenents, said to them, What I command, let that be your Canon, either submit or be banished.

[Page 29] The desperate attempts of the Arian Faction at Alexandria, un­der Count Syrinus, who with a party of 500 Soldiers broke into the Church, where the People were met for their common Devotion, and suddenly rusht in with drawn Swords, Spears, Clubs, &c. The Guards were set round the Church, and the Tragedy began, and there were multitudes Killed, Virgins Abused. Athanasius sat still, till forced by the Monks through the Guards, narrowly escaped; the very Gentiles were ashamed of their Actions. Athanasius retired to the Wilderness, where he enjoyed the Company of devout Hermits; there were two sorts of them Ere­mitae and Caenobitae, the first were wholly devoted to Solitude, and conversed with none but God and themselves; the other kept in Soci­eties in the midst of Cities; ande led Mortified Lives amidst the noise and crowd.

[Page 30] The Arians held the Son was not Consubstantial, or [...], but [...], in substance, and all things like to the Father.

The Councel at Ariminum, by Western Bishops, and at the same time another at Seleucia for the Eastern, Anno 359. The Nicene Creed confirmed.

Athanasius Dies, Anno 371.

St. Hillary flourished, Anno 385. he was Bishop of Poictiers in France, and Died there, with this Epi­taph on his Tomb, savouring of the Poetry of that Age.

St. Hillary's writings is in a Lan­guage Eloquent in its Kind, tho not chast and genuine; it being true what Erasmus observes upon this occasion, That the Roman Pro­vincials [Page 31] (some few only excepted who were brought up at Rome) sel­dom or never attained the purity and simplicity of the Latin Tongue, but betray an over anxi­ous Affection of Eloquence.

St. Basil flourished, Anno 370.

Prohaeresius was St. Basil's Tutor, a man greatly honoured by the Emperor Constans, who sent him to Rome, where he was honoured with a Statue of Brass, with this In­scription, Rome the Queen of Cities to the King of Eloquence.

Basil being made Bishop of Caesa­rea, was a stout defender of the Nicene Faith, Valens the Emperour intending to subdue the East to the Doctrine of Arins, came to Caesa­rea, attended by Modestus the Preto­rean Prefect. Basil is sent for be­fore Modestus, and the Discourse between them was in this manner.

Mod. What's the matter, Basil, that you presume to oppose so [Page 32] great an Emperour above all the rest? Bas. What do you mean, Sir, what Arrogance do you speak of? I vnderstand you not! Mod. I mean your refusing to comply with the Emperour's Religion, when all o­thers have struck sail to it. Bas. But that is inconsistent with the Com­mand and Will of my Soveraign Emperour; nor can I ever be brought to worship a Creature, or one that is a made God. Mod. What then do you make of us? Basil. Nothing at all, so long as you command such things as these. Mod. But tell me, do not you think it a great Honour to come over to us? Bas. I grant you to be illustri­ous Persons; yet you are not more Honourable than God. And, know sir, Christianity is to be mea­sured not by Dignity of Persons, but soundness of the Faith. The Prefect in a Passion started out of his Chair and proceeded in a sharp­er [Page 33] strain. Mod. What, then you are not afraid of the Power we are armed with? Bas. What can happen, what can I suffer? Mod. Any one of those things that are within my Power. Bas. What are they? Confiscation of Goods, Ba­nishment, Tortures, or Death? or if there be any thing worse than these, threaten that; for of these there is none can reach us. Mod. How so? Bas. He is not obnoxious to Confiscation who hath nothing to lose, unless you want these old tat­tered Cloathes, and a few Books, wherein consists my whole Estate. Banishment I regard not, who am tied to no place; the whole Earth is God's, whose Pilgrim and Stranger I am. As for Tortures, what can they do, where there's not a Body to bear them? Set aside the first blow, and there's nothing else with­in your Power. And then for Death, I shall esteem it a Kindness [Page 34] and Benefit; it will but sooner send me to God. Use your Pleasure: Let the Emperour know, you shall never prevail with us to confede­rate with that impious Sect. As for the Advantage you propound to me, and the Favour of the Empe­rour, offer these things to Boys and Children, who are wont to be caught with such gawdy Baits. I highly value the Emperour's Fa­vour, when I can have it with Pie­ty, and the Favour of Heaven; but without that, I look upon it as per­nicious and deadly.

Nazianzen flourisht An. 371. and is made Bishop of Constantinople.

Theodosius promotes the Catho­lick Faith against the Arrians, An. 380.

The Second General Council holden at Constantinople, An. 381. wherein was Ratified the Nicene Creed, which our Church hath a­dopted into her solemn Liturgy; [Page 35] which is an Explanation of the old Nicene Creed, especially about the Article of the holy Ghost. In this Council were condemned the Sa­bellian, Marcellian, Photinian, Euno­mian, Apollmarian, and Macedonian Heresies, a short account whereof is as followeth.

Sabellius asserted the Father, Son, and holy Ghost, are but one and the same Person, distinguished only by Three several Names, and that by Vertue of this Oneness of Per­sons, the Father might be said to suffer, whence they are sometimes stiled Patripassians.

Marcllus, Bishop of Ancyra, held, that Christ began to be the Son of God at his Incarnation, and that his Kingdom shall continue to the day of Judgment, and then cease. In opposition to this the Councel particularly level'd that clause in the Creed, whose Kingdom shall have no end.

[Page 36] Photius Bishop of Sirmium, held Christ a meer Man, and received the begiuning of his Existence from the Virgin Mary.

Aetius the Author of the Euno­mean Haeresie, he corrupted the very Arian Heresie; and held the Son altogether unlike in Nature and Substance to the Father.

Apollinaris Bishop of Laodicea, held our Lord assumed a Body without an human Soul, his Di­vinity supplying the room of that, and that the Son of God brought his flesh along with him, when he came from Heaven.

Macedonius denied the Divinity of the Holy Ghost; and that was the chief reason of calling the se­cond general councel.

Nazianzen in his Writings at­tained to the true temper of the Grecian Eloquence. Basil excelled in the Panegyrick way. Nazean­zen's stile is more Malculine; he [Page 37] did sometimes too far indulge the vein of Oratory, especially in his Encomiasticks, wherein he some­times takes a liberty of making addresses to the dead, which suc­ceeding Superstition improved to formal invocation: he did it with hesitancy [...] if any sense be in departed Souls, of things here below, and so.

• St. Ambrose made Bishop of Mi­lan, Anno 374.
• St. Austin comes to Milan, and is converted by the Sermons of St. Ambrose, 385.
• Chrysostom consecrated Bishop of Constantinople Anno 398.
• St. Austin ordained Bishop of Hippo, Anno 395.

Chrysostom condemned and depo­sed in the Synod ad quercum and banisht, but soon after recalled and acquitted in another Synod, Anno 403.

[Page 38] Chrisostom again condemned and banished, Anno 404. by the insti­gation of the Empress Eudoxia.

After which Chrisostom under­went grievous persecutions, and suffered many perils by travelling up and down strange Countries, by the malicious contrivance of his Enemies, till he was releas'd by death at Comana Portica, and was buried there in the Tomb of St. Basilifcus the Martyr.

• De Preparatione Evangelica, lib. 15.
• De Demonstratione Evangelia.
• Contra Hieroclem.
• Contra Marcellum.
• De Ecclesiastica Theologia.
• Chronicon.
• Historiae Ecclesiasticae, lib. 10.
• De Vita Constantini.
• Oratio de Laudibus Constantini.
• De Locis Hebraicis.
• [Page 39] Epist. ad Caesarienses de fide Ni­caena.

• Apologeticus de fuga sua.
• In Julianum Imp. Invictivae duae.
• Oratio post editum ex fuga.
• Oratio ad Gregorium Nyssenum.
• Oratio de suis Sermonibus.
• Oratio funebris in laudem Caesarii Fratrii.
• De Pace Orat. 3.
• Oratio de Pauperum Amore.
• In Laudem Cypriani Martyris.
• Oratio Funebris in Laudem Basil. Mag.
• Oratio in Laudem mag. Athanasii.
• Oratio de moderatione in disputando.
• Oratio de Dogmate & Constitutione Episcoporum.
• Oratio in presentia 150 Episcoporum habita.
• De Theologia Oration. 5.
• [Page 40] Oratio Panegyrica in Christi nativi­tatem.
• In Sanct. Baptisma.
• In Pascha, 2.
• In Novam Dominicam.
• In Sanctam Pentecosten.
• In Laudem Martyrum & adversus Arianos.
• Tract. de fide Lat.
• Epistolae 242.
• Testamentum.
• Poemata 64. alia 78.
• De Episcopis, & de hominum in­gratitudine Querela.

• Metaphrasis in Ecclesiastem. Hoc est opus Gregorii Thaumaturgi.
• Christus Patiens. Tragaedia.

• [Page 41]Panarium, five Adversus Haereses LXXX. a Choice Book.
• Ancoratus, seu de fide Sermo.
• Aenacephalaeosis, seu Panarii Epi­tome.
• De Ponderibus & Mensuris Liber.
• Epistola ad Johannem Hierosolymi­tanum, Lat.
• Ad Hieronimum Epistola, Lat.

The first Martyr in Brittain was St Alban, under Dioclesian's persecution.

Some will have 100 Christians martyred at Liechfield, which in the Brittish-tongue signifies Golgo­tha. In allusion thereto the City Arms are a Field Surcharged with Dead Bodies.

Anno 401. Arrianism having got a little riddance in Brittain, Pela­gianism succeeded.

[Page 42] Pelagius was born in Brittain, his name Morgan, i. e. near the Sea. Hence his Latin Name. And the same day Pelagius was born in Brittain. St. Austin was born in Africk▪ His main Errors are,

1. That no man can be saved without Gods Grace by his own Mirits and Free will.

2. That Infants were born with­out Original Sin.

3. That they were Baptised, not to be freed from sin, but thereby to be adopted into the Kingdom of God.

4. That Adam died not by rea­son of his sin, but by the conditi­on of nature.

Germanus and Lupus, two French Bishops came and disputed with the Pelagian Doctors, and confu­ted them.

Anno 501. Arthur flourished in Brittain. It is more than comes to the proportion of Brittain, that [Page 43] amongst but nine Worthies in the whole World, two should prove Natives of this Island, Constantine and Arthur. That there was an Arthur is certain, for his Corps, Coffin and Epitaph were taken out of his Monument at Glassen­bury, in the reign of King Hen­ry II.

Anno 585. Pope Gregory sent Augustine the Monk, and Melitus and forty more to preach the Gospel in Brittain: he brought In­terpreters with him out of France.

• Thur. i. e. Jupiter; hence dies Jovis, Thursday.
• Woden. i. e. Mercurius; hence dies Mercury, Wednesday.
• Frea. i. e. Venus; hence Friday.
• Seater. i. e. Saturn; hence Saturday.
• Tuisco, Mars; since Tuesday.

The Old Christian Brittains served God in the Mountains, and [Page 44] cared not for Austins alamode ce­remonies.

Anno 601. The Archbishoprick was translated from London to Can­terbury▪ Austin was Archbishop, he calls a Councel of Saxon and Brittain Bishops, where the Abbot of Bangor spake as the mouth of the rest; we are under the Go­vernment of the Bishop of Carli­on upon Ʋske, and above him unto God, without any subordina­tion to Rome. So that Religion came into Brittain, not by the se­micircle of Rome, but in a direct line from the Asiatick Churches. Hereupon Austin stirred up Ethel­bert, King of Kent, to send to the Pagan King of Northumberland to murder 1200 Monks of Ban­gor.

Anno 632. Sigebert, King of Eastangles, builded Cambridge; Bede calls him Christianismus, & Doct [...]ssimus.

[Page 45] Anno 640. The first Lent was kept in England.

In the space of 82 years the whole Saxon Heptarchy was con­verted to Christianity.

Anno 709. A Synod was called at London to introduce into Eng­land the Doctrine of Image▪wor­ship. Binnius and Baronius say it was brought in by St. Austin the Monk. But it is very improba­ble Austin would deliver a Do­ctrine point blank against Gregory that sent him, who most zealou­sly inveighed against all worship of Images in his Epistle ad Sere­num Massiliensem.

Venerable Bede was born in this Age. St. Bede was too much while he lived, but Venerable was a fit medium.

Anno 790. The Archbishoprick was translated from Canterbury to Liechfield by Offa, King of Mercia and Pope Adrian, but soon after [Page 46] it was restored back to Canter­bury.

Anno 867. The Danes enter in­to the heart of England, and burnt the Abby at Peterburrough, which was fifteen days a burning; and slew the Monks, who were buri­all in a grave, where one may have four yards square of Mar­tyrs dust, which no place in Eng­land else doth afford.

In these four last Centuries,

Scriptures were generally read.

The Original was preferred.

No Prayers for the dead in na­ture of propitiation, but only commemoration.

Communion was under both kinds▪

Anno 1067. A contest was be­twixt the Monks of Glassenbury, and Thurstan their Norman Abbot, he obtruding a service upon them which they disliked; hence Os­mond, Bishop of Sarisbury, made [Page 47] a Liturgy for all England; hence the Old Saying, Secundum usum Sarum.

Anno 1138. Theobald, Archbi­shop of Canterbury, was stiled Le­gatus natus, which from him was entayled on this See.

Nicholas Breakspeakers was Pope, by the Name of Adrian the Fourth. We never had but four Popes and an half, I mean Cardinal Pool Pope Elect.

St. Davids may vie Archiepisco­pal jurisdiction before Canterbury, as being first Christian, as the old verse hath it about the proporti­on of pardons given to Pilgrims visiting Religious Places,

Roma semel quantum bis dat Menevia tantum.

Anno 1205. Pope Innocent the third assoyled all the English Sub­jects of their Allegiance from [Page 48] King John. John after granted his Kingdom to the Pope by Pan­dulphus, who kept the Crown five days in his hands, then it was King Innocent.

Anno. 1254. About this time the Popes oppression began to grow intollerable; for it appeared that the Ecclesiastical Revenues of Ita­lians▪ in England amounted to threescore and ten thousand marks per annum, whereas the King's income at that time was hardly twenty thousand.

King Edward I. expelled the Jews out of England, they seated in Germany and Italy, where the profit from Jews and Stews much advanced the revenues of the Pope.

Anno 1341. In this Age the Schoolmen were at the heighth, England had the best of all, and the most. Hales Doctor Irrefragabi­lis. Roger Bacon. Doctor Mirabils. [Page 49] John Duns Scotus. Doctor Subtilis. John Baconthrop. Doctor Resolutus. William Occam. Doctor Singularis. Pater Nominalium. Doctor Brad­wardine. Doctor Profundus.

Anno 1336. A survey was exa­ctly taken of all the Clergies Glebe Land, and the same was returned into the Exchequer, and is at this day the most effectual Record for Clery-men (and for Im­propriators under their claim) to recover their right.

Anno. 137 [...]. Wickliff began to appear.

About this time was a dangerous Discord at Rome about 40 years be­gun between Ʋban 6 and Clement 7. The one living at Rome, the other residing at Avinian.

The Papal Power in England fell by degrees. First by the state of Mortmain in Ed. I. More by the Stat. of Provision in Ed. III. More by the Stat. of Praemunire in Rich. [Page 50] II. time. This mauled the Popes Power in England. Pope Martin sadly complained of it to the Duke of Bedford. Miramur (saith he) stu­pescimus dolemus execrabile statutu [...]r.

Lollards, so called from Walter Lollardus a Teacher in Germany, some years before Wickle [...]ff: Their Doctrines were much the same.

Anno 1434. began that smart and active Councel at Basil.

In the beginning of Hen. VIII. time, the poor Lollards had a mark on their Cloaths, put it off and be Burned, keep it on and be starved.

Henry Beauford, Bishop of Win­chester, lent Hen. III. at once 20000 l. who pawned his Crown to him.

Pope Clement was imprisoned by the Emperour, whereupon one said, Papa▪ non potest errare.

Canons made in a Convocation with the Royal Assent, subject not any (for recusancy to obey them) [Page 51] to a civil Penalty in Person or Pro­priety, unless confirmed by act of Parliament.

In King Edward the VI. days Non-conformity was conceived.

In Q. Mary's days (but at Franck­ford) was Born.

In Q. Elizab. days was nurst, under King James it grew a tall Youth, and under K. Charles, a Man able to conquer the Hierarchy its adversary.

Bishop Bonners Fury reached from John Fetty, a Lad of eight years old, by him Scourged to Death, even to Hugh Laverock a cripple of 68 years old, whom he caused to be Burnt.

In Q. Mary's days some eminent Professors, as Fox, Bale, Grindale, &c. fled to Strasburg, Zurich and Franckford: They in Strasburg were of the most quiet Temper, Zurich had the greatest Scholars, and Franckford the largest Privi­ledges.

CHAP. V. A particular of the Archbishopricks and Bishopricks, with their Arch­deaconaries, and their extent, with the Clergies Tenths, and their va­luations in the King's Books.

CAnterbury hath only one Arch­deacon, which is of Canter­bury.

St. Asaph, it contains part of Denbigh, Flint, Montgomery, Merio­neth, and some Towns in Salop; in it are 121 Parishes, most of them in the Patronage of the Bishop; it [Page 53] hath but one Archdeaconry, that of St. Asoph, which is united to the Bishoprick.

Bangor, it contains Carnarvon, and the whole Isle of Anglesey, part of Denbigh, Merioneth and Montgo­mery; in it 107 Parishes, whereof 36 are impropriated; it hath 3 Archdeacons, Bangor, Anglesey, Me­rioneth.

Bath and Wells, contains the whole Gounty of Somerset; and in that 388 Parishes, whereof 160 are impropriate; it hath 3 Archdea­cons of Bath, Wells and Taunton.

[Page 54] Bristol, hath a Dean and 6 Pre­benddaries; it contains the City of Bristol, and County of Dorset, and therein 236 Parishes, of which 64 are impropriated; it hath one Archdeacon, i. e. of Dorset.

Chichester, contains all Sussex, and in it 250 Parishes, whereof 112 are impropriated; 2 Arch­deacons, of Chichester and Lewis.

Coventry and Leichfeild, it con­tains the whole Counties of Derby and Stafford, with a good part of Warwickshire and Shropshire, 557 Parishes, whereof 250 impropri­ated; it hath 4 Archdeaconries, [Page 55] S [...]afford, Derby, Coventry and Shrewsbury.

St. Davids, it contains Pembroke, Cardigan Carmarthen, Radnor Breck­nock and some parts of Hereford, Monmouth, &c. in it 308 Parishes, whereof 120 impropriate; it hath 4 Archdeacon, i. e. of Cardigan, Carmarthen, Brecknock and S. Da­vids.

Ely, it contains Cambridgshire, and the Isle of Ely, in which are 141 Parishes, whereof 75 are im­propriate; it hath but one Arch­deacon, which is he of Ely.

[Page 56] Exeter, it contains the 2 Coun­ties of Devon and Cornwall, 604 Parish Churches, whereof 239 are impropriate. It hath 4 Archdea­cons, (viz.) of Cornwall, Exeter, Barnstaple and Taunton, formerly valued 1566 l. 14 s. 6 d.

Glocester, It contains only Glo­cestershire, hath in it 267 Parishes, whereof 125 impropriate; one Archdeacon (viz.) of Glocester.

Hereford, it containeth the Coun­ty of Hereford and part of Shrop­shire; it hath 313 Parish Churches, of which 166 are impropriate; it hath 2 Archdeacons (viz.) Hereford and Salop.

[Page 57] Llandaff, it contains part of Gla­morganshire, and part of Monmouth­shire; 177 Parishes, whereof 98 impropriate; one Archdeacon of Land [...]ff.

Lincoln, it contains the Counties of Lincoln, Leicester, Huntington, Bedford, Buckingham and part of Hertfordshire; in it 1255 Parishes, whereof 577 are impropriations; 6 Archdeacons (viz.) Lincoln, Lei­cester, Bedford, Buckingham, Stow and Huntington.

London, it contains the Counties of Middlesex and Essex, and part of Hartfordshire; 623 Parishes, and of them 189 impropriated; 5 Arch­deacons, [Page 58] of London, Midlesex, Essex, Colchester and St. Albans.

Norwich, it contains Norfolk and Suffolk; 1121 Parish Churches, whereof 385 impropriate; it hath 4 Arch-deacons (viz.) of Norwich, Norfolk, Suffolk and Sudbury.

Oxford, it contains the County of Oxford; 195 Parish Churches, of which 88 are impropriated; it hath one Arch-deacon (viz.) of Ox­ford.

Peterborough, it contains the [Page 59] Counties of Northampton and Rut­land; in them 293▪ Parishes, where­of 91. are impropriate; it hath one Arch-deacon (viz.) of Northamp­ton.

Rochester, it contains a small part of Kent; 98 Parishes, of which 36 are impropriate; one Arch-deacon (viz.) of Rochester.

Salisbury, it contains the Coun­ties of Berks and Wilts; and in them 544 Parish Churches, of which 109 impropriate; 3 Arch-deacons (viz.) Salisbury, Berks, Wilts.

[Page 60] Winchester, it contains Surrey, Southampton and Isle of Wight; 362 Parishes of which 131 impro­priate; 2 Arch-deacons (viz.) of Winchester and Surry.

Worcester, it contains Worcester­shire and part of Warwickshire; therein 241 Parishes, of which 71 are impropriate; one Arehdeacon (viz.) of Worcester.

York, contains the two Counties of York and Nottingham; and in them 581 Parish-churches, of which 336 are impropriations; it hath four Arch-deacons (viz.) of York, Cleveland, Eastriding and Notting­ham.

[Page 61] Carlisle, it contains Westmorland, and most part of Cumberland; 93 Parishes, whereof 18 impropriate.

Chester, contains part of Cum­berland; Lancashire and Cheshire; 256 Parishes, of which 101 are impropriate; 2 Arch-deacons Rich­mond and Chester.

Durham, it contains the Bishop­rick of Durham, and County of Northumberland, each of which hath an Arch-deacon, 135 Parish­es, whereof 87 impropriate.

• [Page 62]ARchbishop of Cant. Dr. Tillotson
• Archbishop of York. Dr. Sharp
• Bishop of London—Dr. Compton
• Bishop of Durham—Dr. Crew
• Bishop of Winchester—Dr. Mew
• Bishop of Rochester—Dr. Sprat
• Bishop of Salisbury—Dr. Burnet
• Bishop of Chester—Dr. Stratford
• Bishop of Worcester—Dr. Stillingfleet
• Bishop of Chichester—Dr. Patrick
• Bishop of Oxford—Dr. Hough
• Bishop of Leichsield and Coventry. Dr. Lloyd
• Bishop of Hereford—Dr.—
• Bishop of Norwich—Dr. Moore
• Bishop of Lincoln—Dr. Tenison
• Bishop of Ely—Dr. Patrick
• Bishop of Carlisle—.—
• Bp. of Bath and Wells—Dr. K [...]ten
• Bishop of Peterborough—Dr.—
• Bishop of Exeter.—Sir J. Trelawny
• [Page 63] Bishop of Bristol—Dr. Hall
• Bishop of St. Asaph—Dr. Jones
• Bishop of Llandaff—
• Bishop of St. Davids—Dr. Wartson
• Bishop of Bangor—

• ST. Asaph—Dr. Bright
• Bangor—Dr. Jones
• Bristol—Dr. Levet
• Canterbury—Dr. Hooper
• Carlisle—Dr. Musgrave
• Chester—Dr. Ardern
• Chichester—Dr. Hawkins
• Christ Church Oxon Dr. Aldrich
• St. Davids—Dr. Ellis
• Durham—Dr. Greenvile
• Ely—Dr. Spencer
• Exeter—Dr. Annesley
• Glocester—Dr. Jane
• Hereford—Dr. Benson
• Leichfeild—Dr. Addison
• [Page 64] Lincoln—Dr. B [...]evius
• Norwich—Dr. Fairfax
• St. Paul's—Dr. Sherlock
• Peterborough—D [...]. Freeman
• Rochester—Dr. Ʋllock
• Salisbury—Dr. Price
• Wells—Dr. Bachurst
• Westminer Dr. Sprat Bp. of Rochester
• Winchester—Dr. Meggot
• Windsor—Dr. Hascard
• Worcester—Dr. Talbot
• York—Dr. Wickhaw

In England are 2 Archbishops, 26 Bishops, 26 Deans of Cathe­dral and Collegiate Churches, 60 Archdeacons 544 Prebendaries 9700 Rectors and Vicars, besides Curates.

There are several Rural Deans. The Rural Dean was anciently cal­led Archi-presbyter, and had the guidance and direction of the Pres­byters. The Pastors of every Parish­are called Rectors, unless the Pre­dial [Page 65] Tythes are impropriated; and then they are called Vicars.

The Stile of the Archbishop of Canterbury is, Johannes Divina Pro­videntia Archiepiscopus Cantuareusis Primas & Metropolita totius Anglae.

The Bishops write (D. vina Per­missione.)

All the incomes of the Bishops in England are judged to amount to four hundred and fifty thousand pounds per annum.

For institution aad induction of Parsons to benefices the Bishops have three pounds a piece at least.

Licenses to Preach cost ten shil­lings.

The Church-Wardens pay for their books of Articles every year, and for writing their Presentments by a Clerk, 2 s. 4.

Ministers pay 1 s. 8 d. for shew­ing their Licences to Preach to the Register at every Bishops Visitati­on; [Page 66] and 4 s. Procurat to the Bi­shop, and 8 d. to the Apparitor.

The 2 Archbishops have Prece­dency of all the Lord's Temporal, and every other B [...]shop hath place of all the Barons of the Realm, un­der the estate of Viscount and other Superior Dignities. The Bishops have amongst themselves this Pre­cedence. First, The Bishop of London; and after him the Bishop of Durham, and then the Bishop of Winchester, and after him every Bishop, as he is in Seiniority.

CHAP. VI. Of the Original of Patronage, and of Presentation, Institution and In­duction.

AS for Foundation and Erecti­on of Churches, &c. The Patron designed the ground and [Page 67] building, but the Bishops consent was required; the Foundation being provided, and Mate­rials, the B [...]shop comes in his For­malities in Person, the Collare and Humerale, and saith certain Pray­ers, and Fumeth the Groundwork; and the Singingmen say the ἀπολυ­τίκιον (a kind of Collect) for the Saint, to whose Name the Church is Dedicated, and crosseth the cor­ner-stone, and layeth the Founda­tion, the Founder Endowed it. For the particular manner of Con­secration of Churches, Vide, Dr. Plot [...]s History of Staffordshire.

Several well minded good me [...] built Churches, and endowed them with several parcels of Land, and other immunities, reserving to themselves, their Heirs and Suc­cessors, a Right and Power to be­stow the said Churches and Lands on such Persons they thought fit; and this Right of Presentation is [Page 68] called Advowson. The Patrons in the Civil Law are called Advo­cati; and P [...]tronia Patroci [...]o, or Defence; and they Present an In­cumbent on every Vacancy.

Presentation, It is nothing else but the nomination of a fit Person to the Bishop to be admitted, insti­tuted and inducted into the Church or Benefice which is void; it is an instrument in the Nature of a Letter Missive, directed to the Bi­shop; and is usually in this Form.

Reverendissimo in Christo Patri & Dom. Dom. Johanni per missione Divina Eboracensi Archiepiscopo Angliae Pri­mati & Metropolitani, ejusve in ab­sentia vicario suo in rebus Spirituali­bus generali praenobilis T. P. Baro de P. verus & indubitatus patronus Rectoriae Ecclesiae parochialis de H. Salutem in domino sempiter nam. Ad Ecclesiam Parochialem de H. predict vestrae Diocesis modo per mortem T. R. ultimi incumbentis ibidem vacan­tem, [Page 69] delectum mihi in Christo T. H. Sacrae Theologiae prefessorem pater­nitati vestrae praesento, humiliter sup­plicans ut prefa [...]um T. H. ad dict am Ecclesiam admittere, ipsum (que) in Re­ctoram ejusdem instituti, & induci fa­ [...]ere, cum suis juribus & pertinentis Ʋniversis, caetera (que) omnia & singula peragere & adimplere in hac parte quae ad vestrum munus Episcopale per tin [...]re videbantur dignemini cum fa­v [...]re in cujus rei Testimonium. &c.

If a feme covert hath title to Present to a Church which is void, she cannot present by her self, but the Presentation must be in the Names of the Husband and Wife, except in the case of the Queen.

If a Clerk be presented to the Bishop, and the Bishop doth refuse to admit or institute him; the Bi­shop must shew the particular cause why he doth refuse him, and not generally, that he is uncapable or Schismaticus Inveteraius. Coke▪ 5. [Page 70] Rep. Specot's case. That a Clerk is a common haunter of Taverns, or a player at unlawful Games, are no good causes of refusal; for tho they are Mala Prohibita, yet they are not Mala in se. But Heretick, Schismatick, Perjur'd Person, Ba­stard, Outlawed, Illiterate, are good causes to refuse, so as the Bi­shop express the crime in certain by a Certificate; but in such cases, the Ordinary must give notice to the Patron of his refusal.

The Law hath appointed six Months ro the Patron to present his Clerk to the Bishop; and if the Patron does not Present his Clerk accordingly, then the Bishop shall Present (by Lapse) a Clerk of his own choosing. This is called in Law, a Collation, and if the Bishop shall not Collate within six Months; then the Archbishop shall Collate his Clerk; and if the Archbishop do not Collate within six Months, then the King shall Present.

[Page 71] The six Months shall be ac­counted according to the Calendar, and not according to 28 days to the Month.

If the Church become void by Death of the incumbent, the six Months shall be accounted from the time of his Death. So it is, if the Church become void by Creation, i. e. by making the present incum­bent there of a Bishop: but if the Church become void by Resignati­on (which Resignation must be made to the Bishop) or by Depriva­tion, then the Bishop must give notice of such Resignation or De­privation, and the six Months shall be accounted from the time of such notice.

If the King be Patron, and doth not present his Clerk to the Church within six Months, there the Ordi­nary ought not de jure to Collate in regard of the said Lapse; he ought only to Sequest the Profits of the [Page 72] Church, till the King will Present.

A common Person cannot re­voke, repeal or vary from his first Presentation, because he hath put it out of himself, and he hath given the Bishop power to perfect what he himself began; yet before Inducti­on the King may revoke his Pre­sentment.

Before the Clerk is admitted and instituted, he ought to be ex­amined by the Bishop: If once the Bishop refuseth a Man for insuffici­ency, he cannot afterwards accept of him.

The Clerk is not bound to shew his Letters of Orders, or Letters Testimonial to the Bishop upon his Examination. Trin. 43. Eliz. B. R. Palms, and the Bishop of Pe­terborough's case.

If the Bishop find the Clerk able, he admits him in these words, Admitto te habilem: And afterwards he doth institute him [Page 73] unto the benefice or Church, thus, Instituo te rectorem Ecclaesie parochialis de D, & habere curam animarum, accipe curam tuam & meam.

The Bishop may examin, admit and institute a man cut of his own Diocess.

In all cases if a Church Lapse to the Bishop or Archbishop, and the Pation presents his Clerk before the Bishop or Archbishop have collated, the Bishop is bound to ad­mit the Clerk of the true Patron, and cannot take advantage of the Lapse.

A Clerk must subscribe to three Articles. 1. To the Supremacy. 2. That the book of Common pray­er, and of ordering Bishops, Preists and Deacons, contains nothing in it contrary to the word of God. 3. That he alloweth of the 39 Articles of Religion, and acknow­ledgeth them to be agreeable to the word of God.

[Page 74] The Delinquent against the Ca­nons of King James, made at a Convocation in London, Anno Dom. 1003. is to be preceeded withal by the censures of the Church.

Cheif Justice Wr [...]y. Pasch. 23. Eliz. reports, that whereas one Smith subscribed the 39 Articles, with this addition (so far forth as the same were agreeable to the word of God) that this was not according to the Stat. 13. Eliz.

Induction is usually done by the Archdeacon. It is the putting the Clerk in Possession of the Church Glebelands, Tyths, &c. by the institution he is admitted, ad Officium, by induction he is in­titled ad beneficium.

No man is capable to be a Par­son, Vicar, &c. before he is a Priest in Orders, which cannot be before he is four and twenty years of [...].

[Page 75] By the Stat. 14. Car. 2. Cap. 4. he must make a Subscription ac­cording to the said Act▪ and have a Certificate from the Bishop that he hath so done.

Within 2 Months after he is in­ducted, he must, during Divine Service, read the 39 Articles in the Parish Church, and declare his un­feigned assent, and consent to all that is therein contained positive­ly.

He must within 2 Months after he is inducted, upon some Sunday, read the book of Common Prayer, (i. e. the whole Service of the Church appointed for that day) and likewise declare his assent and consent to all the matters and things therein contained in these words.

J. A. B. Do declare my unfeigned assent and consent to all and every thing contained and prescribed in and by the Book, intituled the Book of [Page 76] Common Prayer, and administration of the Sacraments, and other rites and ceremonies of the Church, according to the use of the Church of England, together w [...]th the Psalter or Psalms of David, pointed as they are to be sung or said in the Churches, and the form or manner of making, ordain­ing and Consecrating of Bishops, Preists and Deacons.

He must likewise within 3 Months after his Institution, upon some Lord's day (during Divine Service) publickly read his Certifi­cate from the Bishop, of his Sub­scription to the Declaration follow­ing; and he must at the same time read the Declaration it self in the Church where he is to Officiate, before the Congregation there as­sembled. The Declaration fol­lows.

I▪ A. B. declare, that it is not Law­ful upon any pretence whatsoever, to take Arms against the King, and that [Page 77] I do abhor that Trayterous position of taking Arms by his Authority against his Person, or against these that are Commissi [...]nated by him; and that I will conform to the Liturgy of the Church of England, as it is now E­stablished.

The clause about the solemn League and Covenant is now ex­pired.

Observe, That the Parson, Vi­car, &c. must upon the accoptance of every new Living, or Ecclesiasti­cal Preferment within this Law, re­peat all these things.

Let him have some credible Witnesses present when he makes his Subscription before the Bishop, and that they attest the Bishop's Certificate, and that they get two books of Articles, and when they read them, that he gives one of them to some Parishioners to read with him, and attest the same, that they were present and heard the [Page 78] Clerk read the 39 Articles during the time of Common Prayer, and declare his unfeigned assent and Consent to all the matters and things therein contained, by sub­scribing their names thereunto.

When he reads the Book of Common Prayer, let some intelli­gent Parishoners read with him, and give them a copy of the De­claration aforesaid, and let them attest under their hands his reading of the Common Prayer and Decla­ration, whith may be done in this Form.

In a fair legible hand, write the Declaration aforesaid. Then write under,

Memorandum, That upon Sun­day the [...] in the year of our Lord [...] A. B. Parson of D. in the County of D. read common Prayers in the said Pa­rish Church of D. both in the fore­noon and afternoon of the same day, [Page 79] according to the form and order pre­scribed and directed by the book, en­tituled, the book of Common Prayer, and Administration of the Sacra­ments, and other rights and ceremo­nies of the Church, according to the use of the Church of England, &c. and immediately after reading the same, made a declaration of his un­feigned assent and consent to all the matters and things therein contained in the form and words above written. And let the Witnesses subscribe the same Certificate, and let these things be carefully kept.

CHAP. VII. Of Marriages.

CHAP. VIII. Of Non-residence.

BY Stat. 21. Hen. 8. cap. 13. every Archdeacon, Dean, Parson and Vicar, must be per­sonally resident, and abiding in, at, or upon his said Dignity or Be­nefice, or one of them at the least; and upon wilful absence by the space of one Month at a time, or two Months at several times in any one year, to forfeit 10 l.

The Stat. intends he should be [Page 85] Resident in and upon his Parson­age or Vicaridg-house.

Imprisonment excuseth the Par­son, &c.

Removal for healths sake ex­cuseth.

He that is Resident in the Uni­versity, and under forty years of age, to do Exercises there, is ex­cused.

Being in the King's Service be­yond Sea, excuseth.

A Chaplain qualified, is excused.

The King may give License to any of his own Chaplains to be Non-resident.

Arch bishops, Bishops, Lords, Household Chaplains are excused.

Vid. Stat. 13 Eliz. c. 20. 14 Eliz. cap. 11.

CHAP. IX. Of Dispensations and Pluralities.

A Dispensation granted by the Archbish, and confirmed by the King's Letters Patents, (as it must be) Retinere beneficium cum cura animarum, is good only to such a person who is full and perfect in­cumbent of the Church at the time of the Dispensation to him, by Stat. 21. Hen. 8. cap. 13.

The King, Queen and Prince, and other the King's Children, may retain as many Chaplains as they please, and every of their Chaplains may purchase a Dispen­sation for two Parsonages, or Bene­fices, with cure of Souls, or may hold as many of the King's Gift as they can get.

[Page 87] Every Archbishop and Duke may have six Chaplains, and every one may have two Parsonages.

Every Marquiss and Earl may have five Chaplains, and every one may have two Benefices.

Every Viscount and Bishop may have four Chaplains, and every one may keep two Benefices.

The Lord Chancellor, every Barron and Knight of the Garter may have three Chaplains.

Every Dutchess, Countess and Barroness, being Widows, may have two Chaplains.

The Treasurer of the King's House, and Comptroler, the King's Secretary, Dean of the Chappel, and Master of the Rolls may eve­ry of them have two Chaplains, and the Chief Justice of the King's Bench, one Chaplain.

All Doctors and Batchelors of Divinity (not admitted by Grace only) may keep two Benefices.

[Page 88] No Deanery, Archdeaconry, or Prebend is within this Act of Pluralities.

If any incumbent be Resident upon his Living, and keep a Cu­rate, he is bound by the Act of Ʋ ­niformity once every Month at least to read the Common Prayers in his Parish Church, or he forseits 5 l. for every time he fails therein.

CHAP. X. Causes of Deprivation,

CAuses of Deprivation in the Spiritual Court (all which are allowed by the Common Law) are,

• Conscientia Criminis.
• Debilitas Corporis.
• Irregularitaes Personae.
• Defectus Scientiae.
• [Page 89] Grave Scandulun.
• Heresie, Schisme, &c.

If the Clerk be convict of Per­jury in the Spiritual Court, it's a good▪ cause of Deprivation; but the Ordinary must give notice to the Patron of this Deprivation.

If the Patron Present a meer Lay-man, the same is a good cause of Deprivation, if he be instituted and inducted; but he must be de­prived by sentence in the Spiritual Court.

If a Judgment of Deprivation be against a Parson, if he make his Appeal, the Church is not void, but he remains Parson du­ring the time of the Appeal; and if he do reverse the Judgment, there needs no new Institution and induction. Hornogal [...]'s Case.

Disobedience to the Ordinary, Incontinency and Drunkeness, are good causes of Deprivation; he [Page 90] must be a common Drunkard.

He that comes in by Simony, may be deprived.

To maintain any Doctrine a­gainst the 39 Articles of Religi­on, and persist therein, is cause of Deprivation.

Nonconformity, is a good cause of Deprivation.

Taking a second Benefice, con­trary to the Stat. 21 H. 8. cap. 13. without a Dispensation, is a just cause of Deprivation.

Observe, avoidances by Act of Parliament need no sentence de­claratory.

By Stat. 13 Eliz. cap. 12. He that doth not subscribe unto the Articles, nor read the Articles of Religion, shall be deprived ipso facto. But the Ordinary must give notice thereof to the Patron.

CHAP. XI. Of Dilapidations.

A Dilapidation is the pulling down or destroying any of the Houses or Buildings belonging to a Spiritual Living, or the Chan­cel, or suffering them to run into ruin or decay, or wasting and de­stroying the woods of the Church.

Suits for Dilapidations are most properly to be sued in the Spiritual Courts.

But a special Action upon the case lies against the Dilapidator, his Executors or Administrators at Common Law; and all the Money and Damage that shall be reco­vered for Dilapidations, are to be expended and laid out, in and a­bout the Repairs. As to the Bi­shop and Parson's granting Leases, [Page 92] in such cases besure to consult some able Councell [...]r.

CHAP. XII. The Priviledges of Clergy-men.

THey are not compelled to serve in any temporal Of­fice; as Constable, Overseer, &c.

They may not be arrested in the Church or Church yard, when they are attendant on Di­vine Service.

The bodies of Clergy-men can­not be arrested upon any Capias, upon a Statute Merchant, or Sta­tute Staple; and if he be Arrested thereupon, a Writ of False Im­prisonment lies against the Of­ficers.

Their Goods are free from Tolls in Fairs and Markets.

They are not bound to appear at Court Leets.

[Page 93] If a Clark in Holy Orders be found guilty by the Petit Jury, of a Crime for which the benefit of Clergy is allowable, he shall not be burned in the hand as a Lay-man shall be.

A Lay man can have his Cler­gy but once, but a Clark in Holy Orders shall have it ad infinitum.

No Execution shall be executed upon the Goods of the Church.

By the Stat. 1 Mariae cap. 3. he must not be disturbed Praying or Preaching.

CHAP. XIII. Of Tythes.

TYthes are an Ecclesiastical In­heritance, collateral to the state of the Land, and therefore u­nity of possession cannot extinct or suspend them; but may be dimissed [Page 94] or granted, notwithstanding such unity.

Tythes are,

• Praedial; which arise from the profits of the Land.
• Mixt; such as arise from Cat­tle.
• Personal; such as arise from Labour or Industry.

Tythes are also divided into

• Great Tythes.
• Small Tythes, Minutae Decimae.

Corn, Hay and Wood account­ed great Tythes.

Garden stuff, Fruits, Saffron, Woad, Flax, Hemp, and Per­sonal and mixt Tythes, are ac­counted small Tythes.

Many Vicaridges are endowed with the small Tythes only.

Before the time that the Paro­chial rights of Tythes were setled, the Owners of Lands might grant their Tythes to any Ecclesiasti­cal or Religious Persons; so [Page 95] Tythes of some whole Pari­rishes were [...]tanted to Abbots, &c. and to the Rectors of other Pari­shes; which is the reason that at this day there are several porti­ons of Tythes held from the Pa­rish Churches by Impropriators and the Rectors of other Churches.

About the twelfth Century, the Parochial Rights of Tythes were generally setled.

Many Abbots, who had Tythes of other Parishes granted to them, held out against the Parish Priests, and after claimed the Tythes by prescription, i. e. by forty years possession, and that is the reason that many portions of Tythes are at this day held by Impropriators that had been gained by the Ab­bots by such prescription, and by this means they got their prescri­ons de non decimando; for one Cler­gy-man may prescribe against a­nother, but not a Lay-man.

[Page 96] No man was capable of Tithes in Pernancy, till the Statutes of Dis­solutions of Religious Houses ena­bled them. And since then those Tithes which were appropriated to the Religious Houses, are become Lay-fee; and any Lay-man is ca­pable of them in Pernancy, and may sue for the same in the Spiri­tual Courts.

All Tythes not appropriated be­long to the Rector of the Parish Church wherein they arise, yet the Parson of one Parish may pre­scribe to have a Portion of Tithes in the Parish of another; and so might Abbots and other religious persons prescribe to have Portions of Tythes in Parishes, whereof they had not the Advowsons, and by consequence the Patentees from the Crown, and the Improprieta­tors may claim the same by pre­scription in the Abbots, Priors, &c. and the usage since the Dissolu­tion [Page 97] will serve to prove the pre­scription and usage in the Abbots, &c. that they held the same so time out of mind.

If a Parson lease his Gleab Land, and do not also grant the Tythe thereof, the Tenant shall pay the Tythe to the Parson.

If a Parson sow his ground, and then sells the Corn growing, the Buyer shall pay Tythes of it to the Parson.

By the Stat. 28. H. 8. cap 11. all the Tythes and other Profits be­longing to the Rectory, are given to the Successor from the death of the last Incumbent so that the Executors have nothing to do with them.

The Vicar shall not pay tythes of his Gleab to the Parson, with­out special words.

Personal tythes are to be paid where the party communicates, but praedial to the Parson, with­in [Page 98] whose Parish the Land lies

The manner of the payment of Tythes, is for the most part governed by the custom of the place, as in Sheaves, Hay cocks or Grass-cocks, no tythes are to be paid of the Aftermaths of Mea­dow; but if the Meadow be so rich, that there is two Crops of Hay or Woad got in one year, the Parson shall have tythe of both.

Tythe shall be paid of Hay and Corn growing in Orchards, tho the tythes of Fruit be paid the same year.

Gross Woods are such as are usually imployed for building, as Oak, Ash, Elm, Beech, and are not tythable; but Willows, Ha­sels, Hollies, Maples, Birch, Al­ders, Thorns, &c. of what age or bigness soever, are tytheable; but if they are for fewel in the Owners Houses, they are not tytheable.

[Page 99] Tythes shall be paid of Nurse­ry Trees, if they are sold to be transplanted into other Parishes.

If the Coppice hath paid tythes, the grubbed wood shall not pay any.

If Oak, Ash, Elm be cut un­der one and twenty years growth, they are accounted Sylva Caedua, and ought to pay tythes▪

But the Loppings of great Oaks, Ashes, though the Lops be under twenty years growth, shall not pay tythes; nor of the Shoots that grow from the Roots of such Timber Trees.

No tythes shall be paid of the Bark of Timber Trees: But tythes shall be paid of the Masts and Acrons; but then they ought to be collected and sold, Litt. rep. p. 40

If Wood-ground be mixt with Woods tytheable, and Woods not tytheable, and the greater [Page 100] part be such as are not tytheable, it shall priviledge the rest, and so e contrario, 16▪ Jac G. B. Leonards case.

The Parson may sue the buyer or Seller of the Woods for tythes at his Election.

The manner of payment of Wood tythes, is either by the measure of the ground, or every tenth Faggot.

Herbage is to be paid for bar­ren Cattle, which yeild no pro­fit to the Parson.

No herbage tythe shall be paid for the agistment of Beasts bred for the Plow or Pail, and so im­ployed in the same Parish. So if a man eat a ground with his own Saddle-Horses, he shall pay no tythe for the same; but an Inn­keeper that eats with Guests Hor­ses shall.

No tythe is due to the Parson for Deer, Conys, &c. without a Special Custom.

[Page 101] If a ground be eaten with pro­fitable Cattle, as Milch Cows, Ewes, Lambs and Cattle bred for Plow and Pa [...]l, shall not pay tythes.

If a Stranger or Parishioner buy barren Cattle, and feed them for sale, he shall pay tythe for the herbage of them: So of young Cattle.

For the Grass of Fallows no herbage shall be paid, nor of Stubles.

If the Parishoner hath under seaven Lambs or Fleeces he shall pay an halfpenny for every Lamb and Fleece. Where Sheep are kept in one Parish in Summer, and another in Winter, the tythes are to be divided: So if one buy Sheep out of another Parish: Tythe Cheese must be paid whilst Cheese is made; but in [...] and Winter, tythe Milk is [...] be paid in kind. But in all [Page 102] places the custom is to be obser­ved.

Tythe of Lambs, Calves, Pigs, &c. is regularly when they are so old, that they may be weaned and live without the Dam. Wool is to be paid at the Sheer-day.

If a mans Sheep dye of the Rot, or the Owner kill them, he must pay tythe for the Wool rateably.

Tythes are to be paid of Fruits in kind, when gathered: So of Mast, or to be satisfied, if eaten with Swine. The tythe of Bees is to be paid by the tenth part of the Hony and Wax: Of young Pigeons in Dovecoats, &c. tythes shall be paid, if they be sold.

Geese, Ducks and Swans are usually paid in their kind; but of Hens and Turkies commonly in their Eggs: Where they pay tythe of Eggs, there is no tythe of the Young & sic e converso: No tythes due for Dwelling-Houses, properly.

[Page 103] No tythes shall be paid of those hings which do not annually in­crease, as Stones, Turfs, Slates, Bricks, Tiles, Marble-lime, Tinn, Lead, Copper, unless by special tcustom

• 1 Where there is a modus deci­mandi, and by custom mony or some other thing is paid in lieu of tythes.
• 2. Where tythes hath by cu­stom been paid of things not tytheable, as of Lead in Darby­shire, Tynn in Devonshire.

In some Countrys they say, they pay tythe ale, a very pro­per place for fudling Parsons to live in.

The Parson, Vicar, Impropri­ator or Farmer cannot come him­self and set forth the tythes with­out the License and Consent of [Page 104] the Owner, of the Corn, Hay, &c. if he do, and carry it away, he is a Trespassor. But a Par­son, Vicar, &c. may after the tythes are set forth, come himself or his Servants, and spread abroad and dry his Corn, Hay, &c. up­on any convenient place in the ground, till the same be fit to be carried into the Barn.

The Parson and Vicar may car­ry his tythes from the ground, ei­ther by the common way, or any such way as the Owner of the Land useth to carry away his nine parts: but if the Owner of the ground will not suffer the Par­son, Vicar, &c. to spread and dry the Corn or Hay upon the ground, or will stop the ways, and not suffer the Parson to car­ry them away; this is no good setting forth within the Stat. 2 Ed­ward 6. and they may have an action upon the Case for such di­sturbance.

[Page 105] In all Cases where a spiritual person prescribes in non decimando, his Tenant and Farmers shall take the benefit thereof.

If any of the Abbots, Priors, &c. that came to the Crown, by the Stat. 27 Heu. 8. c. 28. were dischar­ged of payment of tythes by pre­scription, de non dicimando, yet the Patentees of the Lands shall not have the benefit of such prescri­ptions, but shall pay tythes.

But if the Kings Patentees of those Abby Lands, that came to the Crown by Stat. 31 H. 8. may take the advantage.

But every Lay-man may pre­scribe de modo decimandi, as to pay so much in lieu of all tyth [...]s to the Parson.

It hath been held a void prescri­ption to pay a Load of Hay year­ly, in discharge of all his tythe­hay, that is to a part in discharge of the whole.

[Page 106] It is no good modus to pay for every milch Cow, 2d. and for every Calf 1d. in discharge of the tythes of all other Cattle; but it is a good modus for the Calves and Milk, only.

A modus to pay thirty Eggs in Lent, in satisfaction of all the tythe of Eggs, hath been held a good modus.

It is a good modus, that the Par­son, time out of mind, hath had so much, or such a parsel of Mea­dow or Land in satisfaction and discharge of the tythes of Hay, &c. arising upon the Land.

A modus that in consideration the Parishioner hath cut, dryed and shockt the Corn, he hath been freed from the payment of tythe­hay, hath been held a good pre­scription.

The Aftermath is freed from the payment of tythes.

If a man prescribe to pay six [Page 107] shillings and eight pence for all the tythes arising and hapning in such a Park, and the Park is dis­parked and turned to tillage, the prescription is gone.

It hath been held a good modus to give a Buck or Doe yearly to the Rector, &c. in discharge of all the tythe arising within the Park. And it shall hold, though the Park be discharged. But if the modus have been only for the herbage of the Park, and it be disparkt and sown with Corn, the modus is gone.

If a man have a modus for all the Hay and Grass upon twenty Acres of Land, and converts the same to Tillage, he shall pay tythes thereof. So it appears a great difference, where the modus goes to all manner of tythes in ge­neral, and where to particular tythes.

At Yarmoth, &c. when they re­turn [Page 108] from fishing, they divide the Doles, and the first Dole which is set out, is called Christ's Dole, half of this is given to the Parson of the place where they Land, and the other half is to be distri­buted amongst them to give to the Parson, where every one inhabits. If the Parishioner compound for his tythes, during his life, with­out deed, its ill.

Alteragium, are such minute tythes which the Vicar shall have, and shall be expounded according to the use, as Wood, Wooll, &c. Lit. Rep. 243.

Copper Mills, Fulling-Mills, Glass-House, &c. shall not pay tythes.

Where a modus is alleadged to pay a certain sum to a Vicar in discharge of any tythes due to the Parson, it seems to be a good modus.

Tythes must pass by grant under hand and seal, or by fine, &c.

[Page 109] Tythes impropriate, are be­come Lay-fee, and may pass by Will, and may be granted by name of Hereditaments.

Upon a Lease for Lives of tythes, no rent can be reserved: But upon a demise of tythes for years, a rent may be reserved, and an action of debt may lye for it.

Barren Heaths by Stat. 2 Ed. 6. shall be discharged of payment of tythes of Corn or Hay, for the first seven years after the im­provement.

If a Wood be grubbed up, and made fit for tillage, it shall pay tythes presently.

Parsons and Vicars at this day, not­withstanding the confirmation of the Patron and Ordinary, cannot make a real composition for no longer than the Parson and Vicars Life.

Offerings which are customary and certain, as for Communicants, [Page 110] Marriages, Christnings, Church­ings of Women, Burials; are by Stat. 2 Eliz 6. confirmed to the Parish Priests, Vicars and Curats of the Parishes where the parties live that ought to pay the same.

All Monasteries under 200 l. per annum value were dissolved by Stat. 27 H. 8. and none of those Abby or Priory Lands are freed or dis­charged of the payment of tythes by the Stat. 31. H. 8. c. 8. or by any other Law.

The Abbots at the time of their dissolution held their Lands dis­charged of tythes.

1. By the Popes Bull. When the Pope here in England would grant exemption to this or that Abbot, as pleased him.

2. By real composition between the Parson and the Abbots, con­firmed by the Patron and Ordi­nary.

3. By Prescription.

[Page 111] 4. By Order. Cistertians, Hospi­talers and Templars and the Prae­monstratenses were discharged of the payment of tythes. But the priviledges granted to these Or­ders, extended only to the Lands, these Orders held in their own hands, and not to any which was held by their Tenants or Farmers.

The Templars, Anno Dom. 1311. were condemned for Heresie, and their possessions were by Act of Parliament given to the Hospitalers or Knights of St. John of Jerusalem.

5. By Perpetual Unity. That is, where an Abbot, Prior, &c. time out of mind hath been sei­sed of the Lands, out of which the tythes arise, and the Rectory within which Parish the Lands lie. It must be perpetual, that is, the Abby must be founded and endowed with the Land and Re­ctory before the time of memory which by the Rules of the Com­mon-Law, [Page 112] must be before the first year of Rich. 1. for if by any Records, Deeds, or other Legal Evidence it can be made appear, that eirher the Land or Rectory came to the Abbey since the first year of R. 1 the Union is not per­petual.

The Stat. 31 H. 8. extends not to free or discharge any Lands from the payment of tythes, save those that came to the Crown by that Act.

No man shall pay a Mortuary, unless he died possessed of Goods to the value of ten Marks. If he had ten Marks in moveable goods, and under thirty pounds, then he should pay 3s. 6d. if above thirty, and under forty pounds, then he should 6s. 8d. if above forty pounds 10s.

The Citizens of London▪ pay year­ly for every ten shillings rent of all Houses, Shops, &c. within London 16d. ob.

[Page 113] If tythes be in the hands of tem­poral men, they are by reason of them contributory to temporal charges.

Tythes are at this day charge­able with all charges imposed by Act of Parliament, wherein they are not exempted.

Tythes are at this day subject to pay first fruits, which are the first years profits of every Spiritu­al Benefice, at a new Incumbents entry into his Living.

The First Fruits are not rated at full and utmost value of the Living they are to be paid for, but according to the valuation taken and made in the 26th year of King H 8. and now used in the First Fruits Office.

These First Fruits are not to be paid all at once, but one quarter of them is to be paid at the end of six months, from the time of the induction, another fourth part at [Page 114] the end of twelve months, ano­ther fourth part at the end of eighteen months, and the last fourth part at the end of two years.

All Vicaridges not exceed­ing ten pounds, and all Parsona­ges not exceeding ten Marks, ac­cording to the valuation in the First Fruits Office, are discharged from the payment of First Fruits by Stat. 1 Eliz. c. 4. now the rea­son why Vicaridges, not ex­ceeding ten pounds should be freed of this charge, and Parson­ages of ten marks should pay them, was, that the Vicaridges in time of Popery, and when the valuation was taken, had a great income by voluntary Offerings, which falling to little or nothing upon the dissolution of Monaste­ries, this favour was afforded them in their First Fruits.

CHAP. XIV. Simony. Vid. Stat. 13 Eliz. Cap. 6.

IF any shall receive or take Mo­ney Fee, Reward or Profit for any Presentation to a Benifice, with Cure, altho he which was presented, be not knowing of it, yet the Presentation, Admission and Induction are void. For he is Simoniace Promotus, 12 Rep. Coll. Dr. Hucthinsons Case.

Every Incumbent that comes in by Simony is so disabled for ever after to be presented to the same Church, that the King (to whom the Law gives the present­ment) cannot present the same man again to the same Church.

[Page 116] The King cannot dispense with the said Statute by any non obstan­te; and though he pardon the Simony, yet that makes not the party capable.

If the Church be void by Si­mony, the Ordinary is not▪ bound to give notice of the Avoidance to the Patron.

One presents I. S. to a Church which is void, and upon the Pre­sentation he takes an Obligation of him to resign upon request, that the Obligee may present his Son when he is of full Age, this is a good Obligation, and not made on a Simoniacal Contract M. 8. Jac. B. R. Johns and Lan­rence's Case.