The parson's vade mecum containing choice observations about the accounts of the year, ecclesiastical censures, of the primitive fathers and their writings, a catalogue of the arch-bishops, bishops and deans in England and Wales, their election, consecration, instalment, with the clergies tenths, and their valuation in the King's book ... R. M. 1693 Approx. 114 KB of XML-encoded text transcribed from 63 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2011-12 (EEBO-TCP Phase 2). A52023 Wing M73 ESTC R5583 11963862 ocm 11963862 51642

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 Early English books online. (EEBO-TCP ; phase 2, no. A52023) Transcribed from: (Early English Books Online ; image set 51642) Images scanned from microfilm: (Early English books, 1641-1700 ; 817:15) The parson's vade mecum containing choice observations about the accounts of the year, ecclesiastical censures, of the primitive fathers and their writings, a catalogue of the arch-bishops, bishops and deans in England and Wales, their election, consecration, instalment, with the clergies tenths, and their valuation in the King's book ... R. M. [4], 116, [4] p. Printed for T. Salusbury ..., London : 1693. Reproduction of original in Huntington Library. "Epistle to the Clergy-reader" signed: R.M. A catalogue of books: p. [1]-[4] at end.

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THE PARSON'S Vade Mecum:

Containing choice Obſervations about the accounts of the Year, Eccleſiaſtical Cenſures, of the Primitive Fathers and their writings, a Catalogue of the Arch-biſhops, Biſhops and Deans in England and Wales, their Election, Conſecration, Inſtalment, with the Clergies Tenths, and their Valuation in the King's Book; Degrees of Marriage, Non-Reſidence, Diſpenſations, Pluralities, Deprivation, Dilapidations, Tythes and Symony, &c.

Very fit for the Peruſal of all Clergymen and Gentlemen.

Licenſed, Novemb. 4th, 1692. E. Bohur.

London, Printed for T. Salusbury at the King's-Arms near St. Dunstans Church in Fleetſtreet, 1693.

THE EPISTLE TO THE Clergy-Reader. Reverend Sir,

I Have peruſed ſeveral voluminous peices concerning the Acts, Offices Qualifications and Priviledges of your Sacred Function, and ſeveral other matters and Eccleſiaſtical Histories, Laws and Statutes relating thereto; but in ſome they lye ſcattered and immethodical, and in others, the treatiſes are ſo prolix, that neither time nor money can well be ſpared by the inferiour laborious Clergy to read or purchaſe them. I then thought it would be a work not unacceptable to caſt my choiceſt obſervations into a methodical Abstract; the perſuance of which Thought hath produced this little Peice; there are many new things inſerted, with which moſt of the Clergy are unacquainted, and which they will take pleaſure to be informed in. The reſt are notes out of the Laws and Statutes of this Kingdom under proper Titles, and the abſtract of Eccleſiaſtick Story, which will be very instructive to you in many caſes; eſpecially the Chapter of Tithes, which comprehends the principal of the whole Learning thereof, and many new caſes lately adjudged, are therein cited. In ſhort, Parſons love to have good penniworths, and I dare preſume to ſay, That after peruſal of this, you will not think twelve Pence ill beſtowed.

I am your Humble Servant R. M.
THE Parſons Vade Mecum.
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.

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 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 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 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 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, and he is thereby Impriſoned.

3. Anathamatiſmus, Againſt an obſtinate Heretick.

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

The Puniſhment of the Clergy, is, 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.

More of Excommunication, the Old Form.

THE general Senſe of Execration was uſually denounced four times a year; the Greater and the Leſſer Curſe. The Canterbury Book ſaith, Wherefore ye Shullen, underſtand at the beginning, that this word Curſe, is thus much to ſay, as departing from God and Good Works: Of two manner of Curſing Holy Church telleth, the one is cleped the Laſſe Curſe, the other is cleped the More Curſe. That we clepen the Laſſe Curſe is of this ſtrength, that every man and woman that falleth therein, it departeth him from all the Sacraments that been in Holy Church, that they may none of them receive till they be aſſoyled, &c. The More Curſe is much more worſe, and is of this ſtrength; for to depart a man from God, and all the Holy Church, and alſo from the Company of all Chriſten Folk ne to be ſaved by the Paſſion of Chriſt, ne to be holpen by the Sacraments that been done in Holy Church, &c.

After repeating the Articles of the Curſe, the General Sentence was thundred out every Quarter, as the Canterbury Book ſaith, By the authority of our Lord God Almighty, and our Lady St. Mary, and all Saints of Heaven, of Angels or Archangels, Patriarks and Prophets, Evangeliſts, Apoſtles, Martyrs, Confeſſors and Virgins, alſo by the Power of all Holy Church, that our Lord Jeſus gave to St Peter: We denounce all thoſe Accurſed that we have thus reckned to you, and all thoſe that maintain 'em in her ſins, or given 'em hereto either help or councel, ſo that they be departed from God and all Holy Church, and that they have noe of the Paſſion of our Lord Jeſu Chriſt, ne of no Sacraments that been in Holy Church, ne no part of the Prayers amen Chriſten Folk, but that they be accurſed of God, and of Holy Church, from their ſoole of their foot unto the crowne of their head, ſleeping and Waking, ſitting and Standing, in all her words, and in all her Works, and but if they have grace of God for to amend 'em herein this Life, for to dwell in the Paine of Hell for ever withouten end (Fiat, Fiat,) doe to the Book, quench the Candle, ring the Bell, Amen, Amen.

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.

The manner of making a Biſhop is thus.

When a Biſhops Sea becomes vacant, the Dean and Chapter give notice of it to the King, and requeſt him to give them leave to chuſe another; whereupon the King grants them his Conge D'eſlire, i. e. leave to Elect, and uſually recommends one. Then the Dean ſummons a Chapter, and they Elect; and they certifie the Party Elected, who having accepted it, it is certified to the King and the Arch-biſhop of the Province; whereupon the King gives his Royal Aſſent under the great Seal of England, which is exhibited to the Arch-biſhop of that Province, with command to Confirm and Conſecrate him; then the Arch-biſhop Subſcribes Fiat Confirmatio, and gives commiſſion under his Epiſcopal Seal to his Vicar general, to perform all Acts thereto required; after which the Biſhop elect takes the Oaths of Supremacy, Simony and Canonical Obedience.

Sometime after this follows the Conſecration, which in the inferiour Clergy is called Ordination, which is performed by the Arch-biſhop of the Province, or ſome other Biſhop commiſſioned by him, with the aſſiſtance of two other Biſhops in the Arch-biſhops Chappel, upon a Sunday, or an Holyday after Morning Service.

Next follows his Inſtallation by vertue of a Mandate from the Arch-biſhop, to the Arch deacon of his Province. This is performed in the Cathedral Church in the preſence of a publick notary, and the Arch deacon, with the Petty Canons, accompany the Biſhop to the Quire, and there place him in a Seat prepared for him, and Te Deum is Sung, and then the Biſhop is conducted into the Chapter-houſe; after this he is introduced into the King's Preſence to do his Homage for his Temporalities, or Barony; and then he compounds for the firſt Fruits of his Biſhoprick.

The Biſhops write Divinae Permiſſione, the Arch-biſhop writes himſelf Divina Providentia.

The inferiour Biſhops are ſtiled right reverend Fathers in God, the Arch-biſhops moſt reverend.

Deans, Arch-deacon and Prebendaries are the Dignified Clergy.

Deans of the Old Foundations which were before the Suppreſſion of Monaſteries, are brought to their Dignities much like Biſhops: Whereas the Deans of the New Foundations (upon ſuppreſſion of Abbies are inſtalled a much ſhorter way by ve • tue of the King's Letters Patents, without either Election or Confirmation. The chief of the Prebendaries is the Subdean, who ſupplies the Deans Place in his Abſence.

The Archdeacons upon the Biſhops Mandate are to induct Clerks into their Benefices.

Vicars properly Officiate in thoſe Livings which are called Impropriations, of which there are in England no leſs than 3845. For above a third part of the beſt Benefices of England being anciently by the Popes Grant Appropiated to Monaſteries towards their Maintenance, were upon the diſſolution of the Monaſteries made Lay-Fees.

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.

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 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.

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.

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.

Writings falſly attributed to Dyoniſius Areopagit • (for the good of Students in Divinity, that they may not be impoſed on.) De Divinis Nominibus. De Miſtica Theologia. Epiſtola ad Polycarpum. Epiſt, ad Titum. Epiſt, ad Johannem Evangeliſtam.

St. Clemens.

Epistola ad Corinthios, a genuine Writing, 〈 in non-Latin alphabet 〉 , 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.

Ignatius his Genuine Writing are. Ad Epheſios. Ad Trallianos. A Philadelphenos. Ad Magneſianos. Ad Romanos. Ad Smyneos.

Ad Polycarpum, the reſt ſuppoſitious.

Juſtin Martyr's Genuine Writings. Paraeneſis ad Graecos. Apologia pro Chriſtiani, two Parts Dialogus cum Tryphone Judae. Clemens Alexandrinus, his Genuine Writings. Proterxticon ad Gentes. Pedagogi, Lib. 3. Stromat. Lib. 3. Suppoſitious. Commentariola in 1. Epiſt. Petri. Epiſt. Judae & 3 Epiſt. St. Johannis. Tertullian, his chief Genuine Writings. Apologeticus. De Spectaculis. De Corona. Ad Nationes. De Idolatria. Ad Martyras. De Patientia. De Virgin. Valandis. De Baptiſmo. adverſus Valentinianos. De Anima. De Reſurrectione. Cyprian, his Genuine Writings. 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.

St. Gregory Thaumaturgus, his Genuine Writings. 〈 in non-Latin alphabet 〉 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 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 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, 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.

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.

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.

The Arians held the Son was not Conſubſtantial, or 〈 in non-Latin alphabet 〉 , but 〈 in non-Latin alphabet 〉 , 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.

Hilarius cubat hac fictavus Epiſcopus Ʋrna, Defenſor Noſtrae Terrificus fidei.

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 (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 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 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 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; 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.

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 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 〈 in non-Latin alphabet 〉 if any ſenſe be in departed Souls, of things here below, and ſo.

More Oratorio. 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.

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.

Euſebius his genuine Works. 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. Epiſt. ad Caeſarienſes de fide Nicaena. Nazianzen's genuine Works, moſt of them. 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. 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. Suppoſititious. Metaphraſis in Eccleſiaſtem. Hoc eſt opus Gregorii Thaumaturgi. Chriſtus Patiens. Tragaedia. St. Epiphanius's genuine Writings, his Stile was Mean, but but the Matter weighty. 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.

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 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.

The Pagan Idols worſhipt in Brittain were, 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 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.

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 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 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 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. 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. 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) 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.

  l. s. d.   The Clergies Tenth comes to 651 18 2 q Archbiſhoprick valued in the K's. Book at— 2816 17 9 q

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 hath but one Archdeaconry, that of St. Aſoph, which is united to the Biſhoprick.

Tenths 186 19 7 ob q Valuation 187 11 6    

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.

Tenths 151 14 3 q Valuation 131 16 4  

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.

Tenths 353 18 ob. q. Valuation 533 01 3  

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.

Tenths 353 18 ob. q. Valuation 383 8 4  

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

Tenths 287 2 ob. q. Valuatlon 977 1 3  

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, S • afford, Derby, Coventry and Shrewsbury.

Tenths 590 11 11 q.   Valuation 559 18 2 ob. q.

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.

Tenths 336 14 10     Valuation 457 1 10 ob. q.

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.

Tenths 384 14 9 q. Valuation 2135 18 5  

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.

Valuation now • 00 0 0 Tenths 1240 15 2

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

Valuation 315 17 2 Tenths 358 15 0

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.

Valuation 768 10 6 ob. Tenths 34 • 2 2  

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

Valuation 154 14 1 Tenths 156 5 4

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.

Tenths 1751 14 6   Valuation 894 10 1 ob.

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

Valuation 1119 8 4 Tenth 821 15 1

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

Valuation 899 18 7 ob Tenths 1117 13 ob  

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

Valuation 354 16 4 Tenth 255 8  

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

Valuation 414 19 11 Clergis Tenth 520 16 8

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

Valuation 358 3 7 ob. Tenths 222 14 6 ob.

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.

Valuation 1367 11 8 Tenth 901 8 •

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

Valuation 2793 4 2 q. Tenths 846 1 0  

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

Valuation 1049 17 3 ob. Clergies Tenth 288 0 0  

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.

Valuation 1609 19 2   Tenths 1113 17 9 ob.

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

Valuation 530 4 11 ob. Tenths 161 1 7 ob.

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

Valuation 420 1 8 Tenths 435 12  

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

Tenth 385 5 6 ob▪ Valuation 1821 1 5 q.

A Catalogue of all the Biſhops in England and Wales. 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 Biſhop of Briſtol—Dr. Hall Biſhop of St. Aſaph—Dr. Jones Biſhop of Llandaff— Biſhop of St. Davids—Dr. Wartſon Biſhop of Bangor— A Liſt of the preſent Deans, both in England and Wales. 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 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 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; 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 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 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, 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. 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.

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 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 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.

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 〈◊〉 .

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 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 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 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, 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.
Times Prohibiting Marriage.

MArriage comes in on the 13th day of January; and at Septuageſſima Sunday it is out again until Low Sunday (for we muſt faſt from fleſh in clear Lent) at which time it comes in again, and goes not cut again till Rogation Sunday: For Rogamen Vetitat. From whence it is forbidden again till Trinity Sunday; from whence it is not fordidden till Advent Sunday: But then it goes out, and comes not in again till the 13 • h day of January next following; notwithſtanding all this, I would venture to Marry a prudent, comly and rich Woman at any time.

Affinity and Conſanguinity forbidding Marriage.

A Man may not Marry his Grandmother, Grandfathers Wife, Wives Grandmother, Fathers Siſter, Mothers Siſter, Fathers Brothers Wife, Mothers Brothers Wife. Wives Fathers Siſter Wives Mothers Sister, Mother, Stepmother, Wives Mother, Daughter, Wives Daughter, Sons Wife.

A Woman may not Marry her Grandfather, Grandmothers Husband. Husbands Grandfather, Fathers Brother, Mothers Brother Fathers Siſters Husband, Mothers Siſters Husband, Husbands Fathers Brother, Husbands Mothers Brother, Father, Stepfather, Husbands Father, Son Husbands Son, Daughters Husband.

A Man may not Marry his Siſter, Wives Siſter, Brothers Wife, Sons Daughter, Daughters Daughter Sons Sons Wife Daughters Sons Wife Wives Sons Daughter, Wives Daughters Daughter, Brothers Daughter, Siſters Daughter, Brothers Sons Wife, Siſters Sons Wife, Wives Brothers Daughter, Wives Siſters Daughter.

A Woman may not Marry her Brother, Husbands Brother, Siſters Husband, Sons Son, Daughters Son, Sons Daughters Husband Daughters Daughters Husband Husbands Sons Son, Husbands Daughters Son, Brothers Son, Siſters Son, Brothers Daughters Husband, Siſters Daughters Husband, Husbands Brothers Son, Husbands Siſters Son.

He that would ſee more of this, let him peruſe Lord Chief Juſtice Vaughans reports in Dr. Harriſons Caſe, where he ſhall meet with excellent and curious Learning on this Subject.

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 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.

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.

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. 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 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, 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.

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 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 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.

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 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 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.

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 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.

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 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.

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

Tythes due by Cuſtom are of two kinds. 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 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.

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.

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 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 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.

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, 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.

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, 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.

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 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.

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.

FINIS.
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