THE Question which King Henry the Eighth did once put to both the Universities of this Realm , The Kings Supremacy . viz. An aliquid Authoritatis in hoc Regno Angliae Pontifici Romano de jure competat , plusquam alii cuicunque Episcopo Extero ? being Resolved in the Negative , and that Resolution ratified in the Convocation An. 1534. an Act of Parliament passed about two years after for the extinguishing of that Papal Authority in this Realm . This succceded so well in consequence of what the Convocation An. 1530. had before acknowledged him , viz. The Supream Head on Earth of the Church of England , that that Supremacy was likewise after confirmed by Act of Parliament to him , his Heirs , and Successors . This is that Supremacy here tenderly touch'd at in the first Chapter of the ensuing Abridgment , and without which all that follows would be but insignificant and disfigured Cyphers . When King Henry the Eighth was thus both Parliamentarily and Synodically invested herewith , although it was with all the Priviledges and Preheminences incident thereto , yet no more accrued to the Crown thereby , than was legally inherent in it before ; yet in regard of the Usurpations , that in divers Kings Reigns had successively invaded the Rights of the Crown in that most splendent Jewel thereof , another Convocation in An. 1532. ( to give the King as it were , Livery and Seisin of the said Supremacy ) promised him in verbo Sacerdotii , That they would not from thenceforth Assemble in any Convocation or Synod without his Majesty's Writ , nor make any Canons or Constitutions without his License and consent , nor execute the same until they were Ratified under the Great Seal of England . All which was done without the least diminution of any Archiepiscopal or Episcopal Power or Priviledges , in the free exercise of that Ecclesiastical Jurisdiction which they anciently enjoyed . The whole of this Design being only to eject the Roman Pontifex , and annul his Usurpation in a matter of that weighty Consequence , to which the Crown was so undoubtedly Entituled : And this only in a way consonant to that Allegiance , which every Subject without distinction owes to his lawful Sovereign in all matters , as well Ecclesiastical as Civil , within his Majesty's Realms and Dominions ; Vld. Heyl. Cypr. Angl. p. 1. whereby the Clergy as well as Laity , being all Subjects alike , might be reduced not only to their Primitive Obedience unto , but also to their Dependance on their own Sovereign in preference to any Forein Potentate whatever . — That the Supream Civil Power is also Supream Governour over all Persons , and in all Causes Ecclesiastical , In his Cases of Conscience , lib. 3. ch. 3. fol. 544. is a Rule ( says the Learned Bishop Taylor ) of such great necessity for the conduct of Conscience , as that it is the measure of determining all Questions concerning the Sanction of Obedience to all Ecclesiastical Laws , the duty of Bishops and Priests to their Princes , the necessity of their paying Tribute , and discharging the burthens , and relieving the necessities of the Republick . Lib. 3. cap. 4. fol. 600. nu. 4. It was never known ( says the same Author ) in the Primitive Church , that ever any Ecclesiastical Law did oblige the Catholick Church ; unless the Secular Prince did establish it . The Nicene Canons became Laws by the Rescript of the Emperour Constantine , says Sozomen . When the Council of Constantinople was finished , the Fathers wrote to the Emperour Theodosius , and petitioned Vt Edicto Pietatis tuae confirmetur Synodi sententia . The confirmation of the Canon and Decrees of the great Council at Ephesus by the Emperour is to be seen at the end of the Acts of the Synod . And Marcian the Emperour wrote to Palladius his Prefect a Let●er , in which he testifies , that he made the Decrees of the Council of Chalcedon to become Laws , Ea quae de Christiana fide à Sacerdotibus qui Chalcedone ●convenerunt , per nostra Praecepta Statuta sunt , &c. Thus also the Fathers of the Fifth General Synod petitioned Justinian to confirm and establish their Canons into a Law . The same Prince also Published a Novel , in which he commands Vim Legum obtinere Ecclesiasticos Canones à quatuor Synodis , Nicena , Constantinopolitana prima , Ephesina prima & Chalcedonensi expositos & confirmatos . Vid. Concil. Tolet. All which confirms it for a Truth , That even in the Primitive Church the Supremacy in matters Ecclesiastical was in the Supream Secular Prince .

Touching Archbishops , Archbishops , and Bishops : our Malmesbury confesses , that in the Ancienter times of the Britains it was unknown where the Archbishoprick was : At the Council of Arles , An. 314. Silvester the Pope is but plain Bishop , as appears by the Nomenclature of those that were at that Council . The High Title of Archbishop was for a long time in use in the Eastern Church , before it came into the West a a Spelm. in Archaeologo . . For whereas our Beda tells us , That Augustine was Ordained Archbishop of the English Nation by Etherius Archbishop of Arles aforesaid , he therein follows the mode of speaking current in his own times : for Gregory the then Pope , in his several Letters written to them , affords neither of them that Title ; no , not when he bestows the Pall upon Augustine , and gives him the precedency and priority in respect of York and all other Bishops of Britain b b Bed . Eccl. Hist. lib. cap. 1. 27. . Yet the incomparable B. Vsher affirms , that they did not quite deny Archbishops among the Old Britains ( for he proves they had such ; ) but that all Memorials were lost , where the Archiepiscopal or Patriarchal Seat resided c c D. Usserius , in primord . pag. 97. . For although London hath been for many Ages the Chiefest of Britain , and was no less than 1300 years since reputed Vetus Oppidum , and Augusta d d Ammian . Marc. lib. 14. . yet a Modern Writer of great Learning and Authority , would have York as the more Ancient Metropolis of the Diocess of the Britains e e Philip. Berterius , Pithanon Diatrib . 1. c. 3. fin . ; and that not only because it was a Roman Colony , which London was not , as Onuphrius ( contrary to so great and plain Authority of Tacitus ) doth affirm f f Onuphr . in Imperio Romana . : but also , for that the Emperours Palace , and Praetorium likewise , Tribunal or chief Seat of Judgment was there ; whence by the Old Historian Spartianus it was called Civitas by way of excellency g g Spartian . in Severo . vid. Burt. Com. in Anton. pag. 83 , &c. . It must be acknowledg'd , that the very Original of things are to us much clouded in obscurity and uncertainty ; yet he that duly consults Antiquity , will find , That what Radulphus de Diceto writes touching the Original of Episcopacy and Archiepiscopacy in Britain , seems to have the best Analogy with the truth , comparing one Antiquary with another touching that Subject . This Radulphus de Diceto was Dean of London , a very Ancient Historian , he wrote the History of England , from A. 1147. to 1193. in a Book Entituled Imagines Historiarum ; and in the Prologue to his Chronicle Abbreviations , says , That Augustine ( who by Pope Gregory was sent into England . An. 600. ) after he had Converted Ethelbert King of Kent to the Christian Faith , went in the year 602. to Arles , where he was Consecrated Episcopus Anglorum by Etherius Archbishop of that place ; and being returned into Britain sent Laurentius the Presbyter , and Petrus the Monk to Pope Gregory , giving him an account of Britains being converted to the Faith , and himself made Bishop thereof : Whereupon the said Gregory sent them back into England , and with them several Divines to preach the Gospel in this Isle , among which the Chief were Mellitus , Justus , Paulinus , and Ruffinianus , by whom he also sent the Pall to Augustine , and at the same time wrote him in what manner he should Constitute Bishops in England , and that in haec verba , viz. Per locos singulos 12 Episcopos ordines , qui tuae subjaceant ditioni● , quatenus Lundoniensis Civitatis Episcopus semper in posterum à Synodo propria debeat Consecrari , &c. Ad Eboricum vero Civitatem te volumus Episcopum mittere , quem ipse judicaveris Ordinare . Ita duntaxat , ut si eadem Civitas cum finitimis locis Verhum Dei receperit , ipse quoque 12. Episcopos ordinet , & Metropolitani honore fruatur . Quem tamen tuae Fraternitatis volumus dispositioni subjacere . Post obitum vero tuum ita Episcopus quos ordinaverit praesit , ut Lundoniensis Episcopi nullo modo ditioni subjaceat . Sit vero inter Lundoni & Eboricae Civitatis Episcopos in posterum honoris ista Distinctio , ut ipse prior habeatur qui prius fuerit Ordinatus . Tua vero Fraternitas Episcopos quos ordinaveris , qui vel per Episcopum Eboracae fuerint Ordinati , Sacerdotes etiam totius Britanniae Subjectos habeat h h Hist. Angl. Script . Antiq. Radulph . Abbre . Chron. Col. 435 , 436. . After the receipt of these Orders from Pope Gregory , the Bishops of Britain were conven'd to a Conference by Augustine , he having first Ordained the said Laurentius as his Suffragan , the said Mellitus Bishop of London , and the said Justus Bishop of Rochester : About which time King Ethelbert built St. Pauls Church London , or re-edified the same i i Beda , l. 2. c. 3. . About this time also it was , viz. An. 608. that Pope Boniface obtain'd of the Emperour Phocas , That the Church of Rome should be the Head of all other Churches , ( That of Constantinople having till then assumed that Title ) the which was after Decreed sub Anathemate in a Council of 62 Bishops . Afterwards the the said Laurentius , Mellitus , and Justus , became Archbishops of Canterbury successively , viz. Laurentius in An. 615. Mellitus in An. 622. and Justus in An. 626. according to the computation of the said Radulphus ; by the last of which Paulinus was Ordained Archbishop of York k k Bed . lib. 2. cap. 9. , and to which Justus Pope Boniface wrote in haec verba , viz. Authoritati beati Petri praecipientes firmamus , ut in Dorobernia Civitate semper in posterum Metropolitanus totius Britanniae locus habeatur , omnesque Provinciae Regni Anglorum praefati loci Metropolitanae Ecclesiae subjiciantur . Again , the precedency of the See of Canterbury is recorded by the said Rodolphus in these words , viz. Sicut Cantia subjicitur Romae , quod ex ea fidem accepit , ita Eboricum subjicitur Cantuariae , quae eo Praedicatores misit . Sicut igitur sedes Cantuariae prima fuit in fide , prima sit in honore . After Justus , Honorius was made Archbishop of Canterbury , whom Paulinus consecrated at Lincoln ; to whom Honorius Pope wrote in haec verba , viz. Cum Dorobernensis Antistes , vel Eboracensis de hac vita transierit , is qui superest habeat potestatem alterum ordinandi . It is Reported , That Fridona a Saxon was the first English Archbishop , and of the See of Canterbury in the Seventh Century , about the year 656. Fuller . Church-Hist . Cent. 7. p. 84. nu. 85. Bed . lib. 2. cap. 16. Si de Consecrationibus Archiepiscoporum Cantuar. contrarium aliquid inveneris in Authentico Libro , quam in hoc volumine reperiatur , adquiescam in omnibus . And in the year 632. Pope Honorius wrote unto Honorius Archbishop of Canterbury in these words , viz. Tuae Jurisdictioni subjici praecipimus omnes Angliae Ecclesias & Regiones , & ut in Civitate Dorobernia Metropolitanus Locus & honor Archiepiscopatus , & Caput omnium Ecclesiarum Anglorum semper in posterum servetur .

That the Archiepiscopal Seat at York is likewise of very great Antiquity , is evident by what is forementioned touching Paulinus Archbishop thereof above one Thousand years since : Our Learned Antiquary tells us , Ex Patriis Scriptoribus , That York was adorned with an Episcopal Seat by Constantius ; But if so , or if that be the truth which is recorded of Paulinus aforesaid , how then could Faganus , sent hither by Pope Eleut herius to King Lucius , to plant the Christian Religion , be ( as reported ) the first Archbishop thereof l l Anonym . qui de Archiepisc . Ebor. scripsit . An. 1460. or how could King Lucius place there one Theodosius , which yet is also affirmed m m Harris . descrip. Britan. l. 1. c. 7. ? Or how could Sampson under the same King be Bishop of York ? as appears by Godwin , who yet suspects it , in regard that at the first entertainment of Christianity among us , nor Hebrew , nor Greek Names of the New Testament were so rise among the Britains ; and indeed this Sampson is more generally reserved to some Ages after , till King Arthurs time . Thus the Original of things ( as aforesaid ) seems full of obscurity and uncertainty ; yet it is most probable , that the first Bishop of York was not till Constantines days ; and we shall find this Bishop at Arles , in the Council there held about the year 314. whither ( as himself writes in his Epistle to Chrestus Bishop of Syracuse ) n n Euseb. Eccl Hist. l. 10. c. 5. he summoned ( to hear the Cause of the Donatists ) many Bishops from divers places . Pag. 9. In the last Edition of this Council , published by Jacobus Sirmondus at Paris , among other Subscriptions thereunto , you have out of Britain these following , viz. See the Admir'd Selden , ad Eutichii Origines , pa. 122. Eborius Episcopus , de Civitate Eboracensi , Provincia Britannia . Restitutus Episcopus , de Civitate Londinensi , Provincia superscripta . Adelphus Episcopus , de Civitate Colonia Londinensium , exinde Sacerdos Presbyter , Arminius Diaconus . From which Council at Arles it may be observed , (1) That York was no Archbishoprick at that time , as neithet indeed was Rome it self . (2) That Eborius Bishop of York at this Council takes place of Restitutus Bishop of London , where ( as some suppose ) the Primacy alwaies remained , till translated to Canterbury . Whether Constantine the Great ( who is supposed ) to have adorned York with an Episcopal Seat , as aforesaid ) were Born there , and not elsewhere , as some conceive , is not easily , at least not expresly proved out of the Ancients , says a Learned Antiquary of Late times ; Burt. Com ▪ on Antonin . fo. 81. yet ( says he ) That Authority seems to be drawn from them , which the Embassadours of England made use of , and that in the hearing of the Learned World then , both at the Council of Constance , An. 1414. as also at that of Basil , An. 1431. At the Council of Constance , there being a Contest about Precedency between the English and French Embassadours , the English have these words , viz. Domus Regalis Angliae Sanctam Helenam , cum suo filio Constantino Magno Imperatore , nato in urbe Regia Eboracensi , educere comperta est : The Royal House of England , it is known for certain , brought forth Helena , with her Son Constantine the Great , Emperour , Born in the Royal City Eboracum . Likewise , the English at Basil opposing the Precedency of Castile , say thus , viz. Constantium illum Magnum , qui Primus Imperator Christianus ( so are their words ) Licentiam dedit per universum Orbem Ecclesias constituere , immensa ad hoc Conferens bona , Peternae natum in Eboracensi Civitate : That Constantine , who being the first Christian Emperour , gave leave to build Churches throughout the World , was Born at Peterne in the City of York . By this they mean Bederne , a Colledge of Vicars there , sometime serving the Quire , which ( as also Christchurch ) called in Ancient Charters Ecclesia Sanctae Trinitatis in Curia Regis , is verily thought to have been part of the Imperial Palace in old time ; which seems the more probable by what Herodian writes , viz. That Severus the Emperour , and his eldest Son Antoninus , sate at York about Private and Common affairs , and gave their Judgment in ordinary Causes o o Herod . Hist. lib. 3. , as in that of Coecilia about recovery of Right of Possession ; The Rescript or Law of which matter is to this day preserved in the Code p p C. de Reivindicat . , whereon the Learned Cuiacius of Great Britain hath made very remarkable Observations q q Seld. Anaect . Angl. Brit. ib. 1. cap. 7. . This was that Septimius Severus , Emperour of Rome , and Master of the World , who in this Isle breathed his last , and who , when he saw there was nothing to be expected but Death , called for the Vrn wherein he had appointed his Ashes ( after the Ossilegium r r Ossilegium , or the gleaning up of his Bones . should be put , and viewing it very exactly , Thou shalt hold ( said he ) the Man whom the World could not contain s s Dio. Cassius Hist. Rom. l. 76. . No wonder then , that this City of so great Renown and Antiquity , was adorned with an Archiepiscopal Seat above a Thousand years since , as aforesaid ; yet it never had those high Priviledges or Pterogatives which were , and are peculiar to the Archiepiscopal See of Canterbury , whereof the Power ( next under the Crown ) of convening Councils and Synods is not the least . Gervasius in his Chronicle de Tempore H. 2. tells us , That RICHARDUS CANTUARIENSIS Archiepiscopus totius ANGLIAE Primas & Apostolicae Sedis Legatus , Convocato Clero ANGLIAE , celebravit Concilium in Ecclesia Beati PETRI ad WESTMONASTERIUM 15. kal. Junii Dominica ante Ascentionem Domini An. 1175. In hoc Concilio ad dextram Primatis sedit Episcopus LONDONIENSIS , quia inter Episcopos CANTUARIENSIS Ecclesiae Suffraganeos DECONATVS praeminet dignitate : Ad sinistram sedit Episcopus WINTONIENSIS , quia CANTORIS officio praecellit .

The Church when Disdiocesan'd by Death , Guardians of the Spiritualties . Translation or otherwise , or quasi viduata whilst the Bishop is employed about Transmarine Negotiations in the Service of the King or Kingdom , the Law takes care to provide it a Guardian quoad Jurisdictionem Spiritualem , during such vacancy of the See or remote absence of the Bishop , to whom Presentations may be made , and by whom Institutions , Admissions , &c. may be given ; and this is that Ecclesiastical Officer , whether he be the Archbishop , or his Vicar General , or Deans and Chapters , in whomsoever the Office resides , him we commonly call the Guardian of the Spiritualties . The Power and Jurisdiction of this Office in the Church is very Ancient , and was in use before the time of King Edward the First ; it doth cease and determine so soon as a new Bishop is Consecrated to that See that was vacant , or otherwise Translated , who needs no new Consecration . This Ecclesiastical Office is in being immediately upon the vacancy of an Archiepiscopal See , as well as when a Bishoprick happens to be vacant . Beside the Presentations , Admissions , Institutions , &c. aforesaid , that this Officer is legally qualified for , he may also by force of the Act of Parliament made in the Five and twentieth year of King Henry the Eighth , grant Licenses , Dispensations , Faculties , &c. which together with such Instruments , Rescripts , and other Writings as may be granted by virtue of the said Statute , may be had , made , done , and granted under the Name and Seal of the Guardian of the Spiritualties : And in case he shall refuse to give the same an effectual dispatch , where by Law it may and ought to be granted , in every such case the Lord Chancellor of England , or Lord Keeper of the Great Seal , upon Petition and Complaint thereof to him made , may issue his Majesties Writ directed to such Guardian of the Spiritualties , requiring him by virtue of the said Writ , under a certain penalty therein limited by the said Lord Chancellor or Lord Keeper , to grant the same in due form of Law ; otherwise ( and no just and reasonable cause shewed for such refusal ) the said penalty may be incurr'd to his Majesty , and a Commission under the Great Seal issued to two such Prelates or Spiritual persons as shall be nominated by his Majesty , impowring them by virtue of the said Act to grant such Licenses , &c. as were so refused to be granted by the Guardian , &c. as aforesaid .

The first thing in order to the Election of a Bishop , Congé d'Eslire , Election , &c. in the Vacancy of any Episcopal See , is ( and ever hath been since the time of King John ) the Royal Congé d'Eslire , which being obtain'd , the Dean and Chapter proceeds to Election . It cannot legally be doubted , but that the consent of the Dean is not only requisite , but also necessary to the Election of a Bishop , as appears by an Ancient Contest above five hundred years since , between the Dean and Canons of London touching the Election of Anselme . Soon after King Stephen came to the Crown , he conven'd a Council at Westminster , vocati sunt ad Concilium ( says an Historian ) WILLIELMVS DECANVS LVNDONIAE , Radulph . de Diceco Abbre . Chronic. de Reg. Steph. R. siuml & Canonici . Cum autem haberetur Tractatus de Concilio Lundoniensis Ecclesiae tunc vacantis , nec in aliquem possent unanimiter convenire , recesserunt à Decano Canoni corum multi , citra conscientiam ejus ANSELMUM Abbatem in Episcopum Eligentes . Canonici vero , quos Decanus habebat secum in Mensa diebus singulis , Appellaverunt , nec Regis occurrerunt offensam . Canonici quidem alii , quia quod fecerant , tam Regi quam toto Concilio videbatur iniquum , Regis indignationem plurimam meruerunt , quorum aliqui bonis suis spoliati sunt . The Pope afterwards having on this occasion a solemn Conference with his Cardinals , Albericus Hostiensis Episcopus , quod sequitur pronunciavit in Publicum , Quoniam Electio Canonicorum Lundoniensium citra conscientiam & Assensum Decani facta fuit , cujus est Officium in Eligendo Pastore suo de jure primam vocem habere , Nos eam auctoritate beati Petri devocamus in irritum . So that according to this Ancient President , the Election of a Bishop may not be without the consent of the Dean ; yet this we find upon Record nigh as Ancient as the former ; That where at present there was no Dean , there the Election of the Bishop hath been by the Canons alone , Canonici Saresbirienses Decanum non habentes ad praesens , Idem de Reg. R. 1. à Rege prius impetrata Licentia , Fratrem suum & Concanonicum Herebertum Cantuariensem Archidiaconum , Assensu Communi solemniter in Episcopum Elegerunt . Electionem factam in Publico recitavit Walterus Praecentor : Electioni factae praebuit Rex Assensum , quam & Hubertus Cantuariensis Archiepiscopus Auctoritate propria Confirmavit , &c. Consonant to which method is the Act of Parliament made in the 25. of H. 8. whereby it is Enacted , That on the vacancy of every Bishoprick , his Majesty should issue out his Writ of Congé d'Eslire to the Dean and Chapter of the Church so vacant , enabling them to proceed to Election of another Bishop ; which Election being returned by the said Dean and Chapter , and ratified by the Royal Assent , his Majesty should issue out his Writ to the Metropolitan to proceed to the Confirmation of the party Elected , and taking to himself two other Bishops at least , to proceed to Consecration , in case he had not before been Consecrated Bishop of some other Church .

The place of Consecration of Bishops was anciently at Canterbury , as the Mother-Church not only of that Province , but of all England ; For when in the time of R. 1. An. 1192. a Bishop of Worcester Elect was to be Consecrated , and Westminster the place design'd for that solemnity according to the Popes Command , it was opposed by the Prior and Covent of Christ-Church in Canterbury , and at a time when the Archbishop thereof ( whose presence could not but have strengthned that opposition ) was absent ; yet the said Prior insisting on the Priviledges and Customes of the Church of Canterbury , opposed the said place of Consecration , as appears by his Letter to the Bishop of Ely , the Popes Legate , and other Bishops of that Province , in haec verba , Reverendis in Christo Dominis & Fratribus W. Dei gratia Heliensi Episcopo Apostolicae sedis Legato , Domini Regis Cancellario , caeterisque Episcopis Cantuariensis Ecclesiae Suffraganeis , O. Prior & Conventus Ecclesiae Christi Cantuariae salutem ab Auctore salutis . Chron. Gervas . de Temp. R. 1. Noverit Sanctitas vestra , Nos ad sedem Apostolicam appellasse , ne Wigorniensis Electus alias quam in Ecclesia Cantuariensi , sicut moris est , Consecretur , & ne quis vestrum , qui indemnitati Ecclesiae Cantuariensis vinculo Professionis providere tenemini , alias quam in eadem Ecclesi● ejus Consecationi interesse praesumat . And at a Synod held at Westminster under P. Honorius 2. in the Reign of H. 1. An. 1126. it was Ordained , That at the Consecration of Bishops nothing should by way of Offerings be exacted or by force required . Statuimus & Apostolica Authoritate Decernimus , ut in Consecrationibus Episcoporum , &c. nil omnino per violentiam , nisi sponte oblatum fuerit , penitus exigatur . Simeon . Dunelm . Hist. de Gest. Reg. Angl. The like you have Decreed at another Synod held also at Westminster under P. Innocent. 2. in King Stephens Reign , An. 1138. Apostolica authoritate Sancimus , ut in Consecrationibus Episcoporum ne quicquam ab Episcopo vel Ministris ejus exigatur . Hist. Richard . Prioris Hagustald . de Gest. Reg. Steph. In the year 1123. which was in the Reign of H. 1. at the Council of Three hundred Bishops conven'd at Rome , P. Calixtus 2. being President , it was Decreed , That no Bishop should be Consecrated , unless he were first Canonically Elected . Nullus in Episcopum nisi Canonice Electum Consecret , quod etsi praesumptum fuerit , & Consecratus & Consecrator absque recuperationis spe deponatur . dict. Sim. Dunelm . Hist. As that Canon was not in being , so the matter thereby ordained , in all probability was far from being observed , when Plegmundus Archbishop of Canterbury , whom P. Formosus honoured with the Pall , Consecrated no less than Seven Bishops in one day , in the two and twentieth year of King Alured . Chron. Johan . Bromton , Abbatis Jornalensis . When a Bishop is Consecrated , then may he Consecrate , viz. Churches , &c. and may Ordain Deacons , &c. But it was long since provided by the Council of Lateran , under P. Alexander , That the Bishop should not confer Holy Orders on any that were not then , or speedily to be provided with an Ecclesiastical Living , Episcopus , si aliquem sine certo Titulo , de quo Necessaria vitae percipiat , in Diaconum vel Presbyterum Ordinaverit , tam diu ei necessaria subministret , donec ei in aliqua Ecclesia Convenientia stipendia militiae clericalis assignet , nisi talis forte , qui Ordinatur , extiterit , qui de sua vel paterna haereditate subsidium vitae possit habere . Can. 9. And as touching the Bishops Consecrating of Churches , it being vulgarly supposed that there is a considerable piece of Superstition therein , it cannot but be seasonable here to enquire whether so or no , or whether the Consecration of Churches be not truly Primitive , according to the Judgment of the Learned Dr. Heylin . To which purpose you have here his very words , viz. The place of Publick Worship is called generally ( according to the style of the Ancient Fathers ) by the name of the Church : For Consecrating or setting apart whereof to Religious uses , I find ( says he ) so great Authority in the Primitive times , as will sufficiently free it from the guilt of Popery : Witness the Testimony which Pope Pius gives of his Sister Eutorepia in an Epistle to Justus Viennensis , An. 158. or thereabouts , for setting apart her own House for the use and service of the Church : Witness the Testimony which Metaphrastes gives of Felix the First , touching his Consecrating of the House of Cicilia , about the year 272. And that which Damasus gives unto Marcellinus , who succeeded Felix , for Consecrating the House of Lucinia for Religions uses : Witness the famous Consecration of the Temple of the Holy Martyrs in Jerusalem , Founded by Constantine the Great , at which almost all the Bishops in the Eastern parts were summoned and called together by the Emperours Writ : and finally ( not to descend to the following Times ) witness the 89th Sermon of St. Ambrose , entituled De Dedicatione Basilicae , Preached at the Dedication of a Church built by Vitalianus and Maianus , and the Invitation of Paulinus , another Bishop of that Age , made by Sulpitius Severus his especial Friend , Ad Basilicam quae prorexerat , in Nomine Domini consummabitur , Dedicandum , to be present at the Dedication of a Church of his Foundation . Heyl. Cyprian . Angl. p. 12.

The Decree of Faith made by the Council of Trent , was attended with no less than Eight Anathematisms ; the first whereof was against him that shall say , that there is no visible Priesthood in the New Testament , nor any power to Consecrate , &c. For in the beginning of that Decree it is affirmed , That there is a visible and external Priesthood , in which Power is given , by Divine Institution , to Consecrate the Eucharist , &c. In which Decree the Synod doth also condemn those who say all Christians are Priests , or have equal Spiritual power , which is nothing but to confound the Ecclesiastical Hierarchy , which is in an Order , as an Army of Souldiers ; To which Hierarchical Order do belong especially Bishops , who are Superiour to Priests . Therefore one of the said Anathematisms did reach those who say , Hist. Counc . Trent . lib. 8. that there is not an Hierarchy instituted in the Catholick Church , by Divine Ordination , consisting of Bishops , Priests , and Ministers . The Historian of the aforesaid Council of Trent tells us , That the Sixth of the said Eight Anathematisms was much noted in Germany , in which an Article of Faith was made of Hierarchy ; which word and signification thereof ( says he ) is Alien , not to say contrary to the Holy Scriptures ; and though it was somewhat Anciently invented , yet the Author is not known ; and in case he were , yet ( says he ) he is an Hyperbolical Writer , not imitated in the use of that word by any of the Ancients : and following the style of the Primitive Church , it ought ( says he ) to be named not Hierarchy , Dict. Lib. 8. but Hierodiaconia , or Hierodoulia . But Thomas Passius , a Canon of Valentia , said in that Council , That all doubt made of the Ecclesiastical Hierarchy , did proceed from gross ignorance of Antiquity ; it being a thing Notorious , that in the Church the People have alway been governed by the Clergy , and in the Clergy the Inferiours by the Superiours , until all be reduced unto one Universal Rector , which is the Pope of Rome ; and that it was plain that the Hierarchy consisteth in the Ecclesiastical Orders , which is nothing but an holy Order of Superiours and Inferiours . But Francis Forrier , a Dominican of Portugal , at the same time said , That Hierarchy consisteth in Jurisdiction , and the Council of Nice placeth it in that , when it speaketh of the Bishop of Rome , Alexandria , and Antioch , and therefore the handling of Hierarchy not to be joyned with that of Order . Others were of a Third opinion , viz. That Hierarchy was a mixture of both , viz. of Order and Jurisdiction also . Thus was that Learned Council divided in this high point of Hierarchy , that though they all agreed the thing , yet they could not agree wherein to fix it , whether in Order , or in Jurisdiction , or in both . Notwithstanding it is generally agreed , That the Hierarchy of the Catholick Church is proved by the Testimony of all Antiquity , and by the continual use of the Church , and that it consisteth of Prelates and Ministers , who are Ordained by Bishops , in whom resides the power of Consecration , which may be a sufficient warrant for this digression . Which Consecration , as it refers to Persons , is done per impositionem manuum , except as to Virgins ; for they also by the Pontifical Law are Consecrable Creatures , though they be Foolish Virgins , yea , though they be Polluted Virgins , provided it be not per spontaneam & voluntariam pollutionem , and there be but putativa Virginitas in the case ; and shall have not only Laureolam Virginitatis , but also Velum Consecrationis , as they call it . Cajetan . in Sum. V. Virgin . consecrat. & Less . de Just. & Jur. lib. 4. c. 2. Dub. 16. & alii DD. But where the Consecration refers to Things , as Churches , Chappels , Bells , and other things of the like sound , there it is done per preces together with other Consecration-ceremonies , the Episcopal Order therein concurring : so likewise the Consecration of Virgins is per preces , together with other Ceremonies used in the Consecration of Virgins , Cujus Signum est , quod in Pontificali Romano , ubi de hac Consecratione agitur , non dicatur roganda de aliqua contaminatione , sed de vita , conscientia , & carnis integritate , ut notat Cajetanus . Less . ubi sup .

That which is next in view , Deans and Chapters . is some prospect of Deans and Chapters ; there were it seems in former times certain Deans , who usurped an Authority beyond their Dignity or Function , and took upon them to exercise Episcopal Jurisdiction . These were condemn'd in a Council at Lateran under Pope Alexander , by the fifth Canon of , that Council in these words , viz. Quoniam , quidam in quibusdam partibus sub pretio statuuntur , qui Decani vocantur , & pro certa pecuniae quantitate Episcopalem Jurisdictionem exercent , praesenti Decreto statuimus , ut qui de caetero id praesumpserit , Officio suo privetur , & Episcopus conferendi hoc officium potestatem amittat . Chron. Gervas . de Temp. H. 2. Anciently likewise there were certain Deans , which were called Decani Christianitatis ; one of which kind appears in an Ancient Record nigh Four hundred years since , relating to the Priviledges of the Priory of St. Austins , wherein the words to this present purpose sic se habent , viz. Super Privilegiis Innocentii Papae 4. hic superius ad mandatum conservatorum , ut praetactum est , publicatis , Thomas Prior Ecclesiae Christi Cant. Guydo Prior S. Gregorii , & Thomas Decanus Christianitatis , ejusdem Civitatis eadem Privilegia inspexisse ad certitudinem futurorum testati sunt . Chron W. Thorn . de Temp. Ed. 1. An. 1293. Heretofore also Priors have been called Deans ; so we find Ceolnothus or Chelnothus ( in the time of King Ethelred and his Brother Alured ) Dean of Canterbury to have been called , Postea Ceolnothus Cantuariensis Ecclesiae Decanus , &c. ubi cum Decanus esset , quem nos Priorem vocamus , non modicum videre solebat Conventum . And again , Egelnothum , alias Ceolnothum , ejusdem Ecclesiae Christi Decanum , vel Praepositum suum Decanum vocabant , quem nos post adventum Lanfranci Priorem appellamus . Gervas . Act. Pontif. Cant. And where we meet with the word Decania , as in the History of Ranulphus Bishop of Durham in the Conquerors time , written by Simeon the Monk , Deconatus is thereby intended , it being the Ecclesiastical Dignity of him , qui , in Majori Ecclesia , denis ad minus Canonicis sive Praebendariis ( ut vocant ) sub Episcopo praeest ; but the DECANVS CHRISTIANITATIS aforesaid , so called per Antiquiores Anglos , is secundum recentiores DECANVS RVRALIS , quem Exteri ARCHIPRESBYTERVM VICANVM vocant . De quo & de Vrbano vid. Duaren . de Sacr. Eccl. minist. & benef . lib. 1. cap. 8. A probable conjecture why anciently he might be called Decanus Christianitatis , we may ( ut mihi videtur ) have from Mr. Selden , in Notis ad EADMERUM , pag. 208. Christianitas ( says he ) & ea quae ad Christianitatem pertinent , passim apud Eadmerum atque alios illius aevi Scriptores , functionem Episcopalem , atque Fori sacri actionem & administrationem , seu Officium Episcopale , ut usitatius appellatur , denotant . — Hinc apud nos , Fora sacra , quibus , jure nempe communi subnixis , aut Episcopi praesunt , aut ii qui eo nomine Episcopos , utpote quos provocare licet , suscipiunt , Curiae Christianitatis etiamnum vocitantur . Glossar . Hist. Angl. Antiq. ver. Christianitas . — vid. plura in Vrbis Cantuar. Antiq. pag. 362 , 363. ubi de Decano Christianitatis . But the Deans here specially meant and intended , are only such as with the Chapters , according to the ancient and genuine use thereof , are as Senatus Episcopi to assist the Bishop in his Jurisdiction , Cathedral Churches being the first Monuments of Christianity in England . So Dr. Hacket in Parliament , 1640.

The Office and Ecclesiastical Dignity of Archdeacons , Archdeacons . which you next meet with in this Abridgment , is of very great Antiquity . There was a sharp Contest above Five hundred years since , in the time of King H. 2. between the Archdeacons and the Priors of Winchester and Ely , touching the Presentation of their Bishops Elect unto the Metropolitan in order to their Consecration , wherein by the Interlocutory of the said Metropolitan the Priors had the Victory . Hora congrua Consecrationis instante R. Wintoniensis & R. Elyensis Archidiaconi , cum Officiales Episcoporum dicantur , ad suum spectare contendebant Officium Electiones , &c. praesentare Metropolitano : W. Wintoniensis & S. Elyensis Priores in contrarium sentiebant : quam enim in Ecclesiis Cathedralibus , ubi Canonici divinis mancipantur obsequiis , Decani sibi vindicant dignitatem : hanc si Monachorum Conventus in Episcopali sede praemineat , sibi jure possunt vendicare Priores . Sed ut omnis in posterum amputetur occasio Litigandi , de Interlocutoria Metropolitani sententia , &c. Wintoniensis & Elyensis Electi● , ad Priorum suorum praesentationem recepti , ad Priorum suorum postulationem Episcopi Consecrati sunt . — Radulph . de Diceto Imag. Hist. By the 25th Canon of the Council of Lateran under Pope Alexander it was Ordained , That an Archdeacon in his Visitation should not exceed the numqer of Five or Seven Horsemen for his Retinue . Chron. Gervas . de Temp. H. 2. And as to the Visitation-Articles , every Bishop and Archdeacon heretofore framed a Model thereof for themselves ; but at the Convocation in the year 1640. a Body thereof was composed for the publick use of all such as exercised Ecclesiastical Jurisdiction . And by the foresaid Canon of the Council of Lateran , it was further Ordained , That no Archdeacon in his Visitation should presume to exact from the Clergy more than was justly due , Archidiaconi autem sive Decani nullas exactiones in Presbyteros seu Clericos exercere praesumant . Notwithstanding what toleration the Law allows as to Archbishops , Bishops , Archdeacons , &c. as to the number of their Retinue in their Visitations ; yet therein respect is ever to be had to the condition of the Churches , Persons , and Places Visited , as may plainly appear by the express words of the Canon aforesaid , viz. Sane quod de numero evectionis secundum tolerantiam dictum est , in illis Locis poterit observari , in quibus ampliores sunt redditus & Ecclesiasticae facultates . In pauperibus autem Locis tantam volumus teneri mensuram , ut ex acc●ssu majorum minores non debeant gravari , ne sub tali indulgentia illi qui paucioribus Equis uti solebant hactenus , plurium sibi credant potestatem indultam . So that no Archdeacon or other having Right of Visitation , ought by what the Law allows them in that case , to exercise their power in this matter , beyond what the condition of the place Visited will reasonably admit .

In all Visitations of Parochial Churches , Procurations . made by Bishops and Archdeacons , the Law hath provided that the Charge thereof should be answered by the Procurations then due and payable by the Inferiour Clergy , wherein Custome as to the Quantum shall prevail ; but the undue Demands and supernumerary Attendants of Visitors have Anciently as well as in Later times , given the occasion of frequent Contests and Complaints : For prevention whereof it was Ordained by the 25th Canon of the Council of Lateran under Pope Alexander , circa An. 1179. in haec verba , viz. Cum quidam Fratrum & Coepiscoporum nostrorum ita graves in Procurationibus subditis suis existunt , ut pro hujusmodi causa interdum ipsa Ecclesiastica Ornamenta subditi compellantur exponere , & longi temporis victum brevis hora consumat . Quocirca statuimus , Quod Archiepiscopi Parochias Visitantes , pro diversitate Provinciarum & facultatibus Ecclesiarum 40 vel 50 evectionis Numerum , Episcopi 20 vel 30 , Cardinales vero 20 vel 25 nequaquam excedunt . Archidiaconi vero Quinque aut Septem , Decani Constituti sub Episcopis , Duobus Equis contenti existant . Prohibemus etiam , ne subditos suos talliis & exactionibus Episcopi gravare praesumant . Archidiaconi autem , sive Decani nullas exactiones , vel tallias in Presbyteros , seu Clericos exercere praesumant . vid. Chron. Gervas . de Temp. H. 2. col. 1455. can . 25. whereby it is evident , that these Procurations ought to be so moderated by the Bishops , as that they may not become a burthen or grievance to the Clergy . The lawfulness of these Episcopal and Archidiaconal Rights of Procurations are not to be called into question at this day ; for in all the Establishments and Ordinations of Vicarages upon the Ancient Appropriations of Churches , you shall find these Procurations excepted , and reserved in statu Quo : As appears by these of Feversham and Middleton , when by William the Conqueror they were Appropriated to the Abbey of St. Austins ; as also by these of Wivelsberg , Stone , and Brocland in Kent , when they were Appropriated to the same Abbey by the Charter of King Ed. 3. and in that of the Parish of Stone aforesaid , Pentecostals by name are reserved , in these words , Nihilominus solvet Procurationem debitam Archidiacono Cantuariensi Visitanti , & expensas pro Pentecostalibus faciendis . — vid. Chron. W. Thorne , Appropria . Eccles. col. 2089. Hist. Angl. What Procurations the Archbishop of Messena , who arrived in England as the Popes Legate in the year 1261. exacted and extorted from the Bishops and Abbots with great violence in the Reign of King ▪ H. 3. you may find in Matthew Paris . But by the Fourth Canon of the Council at Rome under Pope Alex. 3. An. 1180. it was Ordained , That Bishops and Archbishops in their Visitations should not overcharge the Church of their Bounds , with unnecessary charges and expences , specially the Churches that are poor .